Amendments to SA 2137 to H.R. 3684 — Congressional Record, Senate, August 3, 2021
Summary
Congressional Record, Senate, page S5726, August 3, 2021, with a correction notice. The page lists amendments submitted to the bill H.R. 3684 and ordered to lie on the table, among them SA 2458 by Mr. Luján (for himself and Mr. Heinrich), SA 2461 by Mr. Marshall (for himself and Mr. Cotton) and SA 2477 by Mr. Lankford, each intended to be proposed to amendment SA 2137. Under Text of Amendments, the page prints an amendment submitted by Mr. Risch (for himself, Mr. Barrasso, and Mr. Crapo) on energy emergency and energy security functions assigned to Assistant Secretaries of Energy, amending the Department of Energy Organization Act.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Amendments to SA 2137 to H.R. 3684 — Congressional Record, Senate, August 3, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-03-crec-2021-08-03-pt1-pgs5726-366bb01acb/
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S5726 CORRECTION CONGRESSIONAL RECORD — SENATE August 3, 2021
SA 2458. Mr. LUJÁN (for himself and Mr. SA 2467. Mr. CRUZ submitted an amend- the bill H.R. 3684, supra; which was ordered
HEINRICH) submitted an amendment intended ment intended to be proposed to amendment to lie on the table.
to be proposed to amendment SA 2137 pro- SA 2137 proposed by Mr. SCHUMER (for Ms. SA 2477. Mr. LANKFORD submitted an
posed by Mr. SCHUMER (for Ms. SINEMA (for SINEMA (for herself, Mr. PORTMAN, Mr. amendment intended to be proposed to
herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. amendment SA 2137 proposed by Mr. SCHU-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. MER (for Ms. SINEMA (for herself, Mr.
TESTER, Ms. MURKOWSKI, Mr. WARNER, and WARNER, and Mr. ROMNEY)) to the bill H.R. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.
Mr. ROMNEY)) to the bill H.R. 3684, supra; 3684, supra; which was ordered to lie on the SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-
which was ordered to lie on the table. table. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to
SA 2459. Mr. LUJÁN (for himself and Mr. SA 2468. Mr. CRUZ submitted an amend- the bill H.R. 3684, supra; which was ordered
HEINRICH) submitted an amendment intended ment intended to be proposed to amendment to lie on the table
to be proposed to amendment SA 2137 pro- SA 2137 proposed by Mr. SCHUMER (for Ms. f
posed by Mr. SCHUMER (for Ms. SINEMA (for SINEMA (for herself, Mr. PORTMAN, Mr.
herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. TEXT OF AMENDMENTS
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. SA 2302. Mr. RISCH (for himself, Mr.
TESTER, Ms. MURKOWSKI, Mr. WARNER, and WARNER, and Mr. ROMNEY)) to the bill H.R. BARRASSO, and Mr. CRAPO) submitted
Mr. ROMNEY)) to the bill H.R. 3684, supra; 3684, supra; which was ordered to lie on the
which was ordered to lie on the table. table.
an amendment intended to be proposed
SA 2460. Mr. LUJÁN (for himself, Mr. SA 2469. Mr. CRUZ submitted an amend- to amendment SA 2137 proposed by Mr.
PADILLA, Mr. BOOKER, Mrs. FEINSTEIN, Mr. ment intended to be proposed to amendment SCHUMER (for Ms. SINEMA (for herself,
SCHATZ, Mr. BLUMENTHAL, and Mr. HEINRICH) SA 2137 proposed by Mr. SCHUMER (for Ms. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
submitted an amendment intended to be pro- SINEMA (for herself, Mr. PORTMAN, Mr. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
posed to amendment SA 2137 proposed by Mr. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. TESTER, Ms. MURKOWSKI, Mr. WARNER,
SCHUMER (for Ms. SINEMA (for herself, Mr. COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. and Mr. ROMNEY)) to the bill H.R. 3684,
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. WARNER, and Mr. ROMNEY)) to the bill H.R.
to authorize funds for Federal-aid high-
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- 3684, supra; which was ordered to lie on the
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to table. ways, highway safety programs, and
the bill H.R. 3684, supra; which was ordered SA 2470. Mr. VAN HOLLEN (for himself transit programs, and for other pur-
to lie on the table. and Mr. KAINE) submitted an amendment in- poses; which was ordered to lie on the
SA 2461. Mr. MARSHALL (for himself and tended to be proposed to amendment SA 2137 table; as follows:
Mr. COTTON) submitted an amendment in- proposed by Mr. SCHUMER (for Ms. SINEMA At the appropriate place in title XII of di-
tended to be proposed to amendment SA 2137 (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. vision D, insert the following:
proposed by Mr. SCHUMER (for Ms. SINEMA CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SEC. 412ll. ENERGY EMERGENCY AND ENERGY
(for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, and SECURITY FUNCTIONS ASSIGNED TO
CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Mr. ROMNEY)) to the bill H.R. 3684, supra; ASSISTANT SECRETARIES OF EN-
TESTER, Ms. MURKOWSKI, Mr. WARNER, and which was ordered to lie on the table. ERGY.
Mr. ROMNEY)) to the bill H.R. 3684, supra; SA 2471. Mr. ROUNDS (for Mr. INHOFE) sub- (a) IN GENERAL.—Section 203(a) of the De-
which was ordered to lie on the table. mitted an amendment intended to be pro- partment of Energy Organization Act (42
SA 2462. Mr. MARKEY (for himself, Mrs. posed to amendment SA 2137 proposed by Mr. U.S.C. 7133(a)) is amended—
GILLIBRAND, Mr. PADILLA, Mr. BLUMENTHAL, SCHUMER (for Ms. SINEMA (for herself, Mr. (1) in the matter preceding paragraph (1),
Mr. VAN HOLLEN, and Mr. MERKLEY) sub- PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. in the second sentence, by striking ‘‘, but are
mitted an amendment intended to be pro- SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- not limited to,’’; and
posed to amendment SA 2137 proposed by Mr. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to (2) by adding at the end the following:
SCHUMER (for Ms. SINEMA (for herself, Mr. the bill H.R. 3684, supra; which was ordered ‘‘(12) Energy emergency and energy secu-
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. to lie on the table. rity functions, including—
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- SA 2472. Mr. ROUNDS (for Mr. INHOFE) sub- ‘‘(A) responsibilities with respect to infra-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to mitted an amendment intended to be pro- structure, cybersecurity, emerging threats,
the bill H.R. 3684, supra; which was ordered posed to amendment SA 2137 proposed by Mr. supply, and emergency planning, coordina-
to lie on the table. SCHUMER (for Ms. SINEMA (for herself, Mr. tion, response, and restoration; and
SA 2463. Mr. MARKEY (for himself, Mrs. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. ‘‘(B) on request of a State, local, or Tribal
GILLIBRAND, Mr. PADILLA, Mr. BLUMENTHAL, SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- government or energy sector entity, and in
Mr. VAN HOLLEN, and Mr. MERKLEY) sub- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to consultation with other Federal agencies, as
mitted an amendment intended to be pro- the bill H.R. 3684, supra; which was ordered appropriate, provision of technical assist-
posed to amendment SA 2137 proposed by Mr. to lie on the table. ance, support, and response capabilities with
SCHUMER (for Ms. SINEMA (for herself, Mr. SA 2473. Mr. ROUNDS (for Mr. INHOFE) sub- respect to energy security threats, risks, and
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. mitted an amendment intended to be pro- incidents.’’.
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- posed to amendment SA 2137 proposed by Mr. (b) COORDINATION.—The Secretary of En-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to SCHUMER (for Ms. SINEMA (for herself, Mr. ergy shall ensure that the functions of the
the bill H.R. 3684, supra; which was ordered PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. Secretary of Energy described in paragraph
to lie on the table. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- (12) of section 203(a) of the Department of
SA 2464. Mr. PETERS (for himself, Mr. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to Energy Organization Act (42 U.S.C. 7133(a))
ROUNDS, Mr. PORTMAN, and Mr. WARNER) sub- the bill H.R. 3684, supra; which was ordered are performed in coordination with relevant
mitted an amendment intended to be pro- to lie on the table. Federal agencies.
posed to amendment SA 2137 proposed by Mr. SA 2474. Mr. ROUNDS (for Mr. INHOFE) sub-
SCHUMER (for Ms. SINEMA (for herself, Mr. mitted an amendment intended to be pro- SA 2303. Mr. BARRASSO (for himself
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. posed to amendment SA 2137 proposed by Mr. and Mr. CRUZ) submitted an amend-
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- SCHUMER (for Ms. SINEMA (for herself, Mr. ment intended to be proposed to
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.
amendment SA 2137 proposed by Mr.
the bill H.R. 3684, supra; which was ordered SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-
to lie on the table. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to
SCHUMER (for Ms. SINEMA (for herself,
SA 2465. Mr. CARDIN submitted an amend- the bill H.R. 3684, supra; which was ordered Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
ment intended to be proposed to amendment to lie on the table. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
SA 2137 proposed by Mr. SCHUMER (for Ms. SA 2475. Mr. LANKFORD submitted an TESTER, Ms. MURKOWSKI, Mr. WARNER,
SINEMA (for herself, Mr. PORTMAN, Mr. amendment intended to be proposed to and Mr. ROMNEY)) to the bill H.R. 3684,
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. amendment SA 2137 proposed by Mr. SCHU- to authorize funds for Federal-aid high-
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. MER (for Ms. SINEMA (for herself, Mr.
ways, highway safety programs, and
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
WARNER, and Mr. ROMNEY)) to the bill H.R. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.
3684, supra; which was ordered to lie on the SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-
transit programs, and for other pur-
table. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to poses; which was ordered to lie on the
SA 2466. Mr. CRUZ submitted an amend- the bill H.R. 3684, supra; which was ordered table; as follows:
ment intended to be proposed to amendment to lie on the table. At the end of division I, add the following:
SA 2137 proposed by Mr. SCHUMER (for Ms. SA 2476. Mr. LANKFORD submitted an SEC. 90009. IMPOSITION OF SANCTIONS WITH RE-
SINEMA (for herself, Mr. PORTMAN, Mr. amendment intended to be proposed to SPECT TO NORD STREAM 2.
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. amendment SA 2137 proposed by Mr. SCHU- (a) IN GENERAL.—Not later than 15 days
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. MER (for Ms. SINEMA (for herself, Mr. after the date of the enactment of this Act,
WARNER, and Mr. ROMNEY)) to the bill H.R. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. the President shall—
3684, supra; which was ordered to lie on the SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- (1) impose sanctions under subsection (b)
table. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to with respect to—
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5727
(A) Nord Stream 2 AG or a successor enti- March 19, 1967, or other applicable inter- ‘‘TITLE III—INTERAGENCY COORDINA-
ty; national obligations. TION RELATING TO PERMITTING
(B) Matthias Warnig; and (3) EXCEPTION RELATING TO IMPORTATION OF
(C) any other corporate officer of or prin- GOODS.— ‘‘SEC. 301. INTERAGENCY COORDINATION RELAT-
ING TO PERMITTING.
cipal shareholder with a controlling interest (A) IN GENERAL.—Notwithstanding any
in Nord Stream 2 AG or a successor entity; other provision of this section, the authori- ‘‘(a) PREPARATION OF ENVIRONMENTAL DOC-
and ties and requirements to impose sanctions UMENTS.—An agency or other entity seeking
(2) impose sanctions under subsection (c) under this section shall not include the au- approval of, or otherwise responsible for car-
with respect to— thority or a requirement to impose sanctions rying out, a project (referred to in this sec-
(A) Nord Stream 2 AG or a successor enti- on the importation of goods.
tion as the ‘project sponsor’), may prepare
ty; and (B) GOOD DEFINED.—In this paragraph, the
(B) Matthias Warnig. term ‘‘good’’ means any article, natural or an environmental impact statement or envi-
(b) INELIGIBILITY FOR VISAS, ADMISSION, OR man-made substance, material, supply or ronmental assessment for the purpose of an
PAROLE OF IDENTIFIED PERSONS AND COR- manufactured product, including inspection environmental review in support of the
PORATE OFFICERS.— and test equipment, and excluding technical project for approval by the lead agency of
(1) IN GENERAL.— data. the project if, before the project sponsor
(A) VISAS, ADMISSION, OR PAROLE.—An alien (f) SUNSET.—The authority to impose sanc- takes any action or seeks any approval based
described in subsection (a)(1) is— tions under this section shall terminate on on the environmental document, the lead
(i) inadmissible to the United States; the date that is 5 years after the date of the agency—
(ii) ineligible to receive a visa or other doc- enactment of this Act. ‘‘(1) provides oversight in the preparation
umentation to enter the United States; and (g) DEFINITIONS.—In this section: of the environmental impact statement or
(iii) otherwise ineligible to be admitted or (1) ADMISSION; ADMITTED; ALIEN.—The environmental assessment;
paroled into the United States or to receive terms ‘‘admission’’ , ‘‘admitted’’ , and ‘‘(2) independently evaluates the environ-
any other benefit under the Immigration and ‘‘alien’’ have the meanings given those terms mental impact statement or environmental
Nationality Act (8 U.S.C. 1101 et seq.). in section 101 of the Immigration and Na- assessment; and
(B) CURRENT VISAS REVOKED.— tionality Act (8 U.S.C. 1101). ‘‘(3) approves, within a reasonable time,
(i) IN GENERAL.—The visa or other entry (2) UNITED STATES PERSON.—The term and adopts the environmental impact state-
documentation of an alien described in sub- ‘‘United States person’’ means— ment or environmental assessment.
section (a)(1) shall be revoked, regardless of (A) a United States citizen or an alien law-
when such visa or other entry documenta- fully admitted for permanent residence to ‘‘(b) ADOPTION AND USE OF ENVIRONMENTAL
tion is or was issued. the United States; DOCUMENTS.—
(ii) IMMEDIATE EFFECT.—A revocation (B) an entity organized under the laws of ‘‘(1) ENVIRONMENTAL IMPACT STATEMENTS
under clause (i) shall— the United States or any jurisdiction within AND ASSESSMENTS.—
(I) take effect immediately; and the United States, including a foreign branch ‘‘(A) IN GENERAL.—Except as provided in
(II) automatically cancel any other valid of such an entity; or subparagraph (B), the lead agency shall not
visa or entry documentation that is in the (C) any person within the United States. prepare more than 1 environmental impact
alien’s possession. --- statement and 1 environmental assessment
(c) BLOCKING OF PROPERTY OF IDENTIFIED SA 2304. Mr. SULLIVAN submitted under this Act for a project.
PERSONS.—The President shall exercise all an amendment intended to be proposed ‘‘(B) EXCEPTIONS.—The limitation in sub-
powers granted to the President by the to amendment SA 2137 proposed by Mr. paragraph (A) shall not apply to—
International Emergency Economic Powers ‘‘(i) a supplemental environmental docu-
SCHUMER (for Ms. SINEMA (for herself, ment; or
Act (50 U.S.C. 1701 et seq.) to the extent nec-
essary to block and prohibit all transactions
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(ii) an environmental impact statement
in all property and interests in property of a SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. or environmental assessment prepared pur-
person described in subsection (a)(2) if such TESTER, Ms. MURKOWSKI, Mr. WARNER, suant to a court order.
property and interests in property are in the and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(C) RECORD OF DECISION.—
United States, come within the United to authorize funds for Federal-aid high- ‘‘(i) IN GENERAL.—Except as provided in
States, or are or come within the possession ways, highway safety programs, and clause (ii), after the date on which the lead
or control of a United States person. transit programs, and for other pur- agency issues a record of decision for a
(d) IMPLEMENTATION; PENALTIES.— poses; which was ordered to lie on the project, the head of a Federal agency respon-
(1) IMPLEMENTATION.—The President may sible for approving the project shall not rely
table; as follows: on any environmental impact statement or
exercise all authorities provided to the
President under sections 203 and 205 of the At the end of division G, add the following: environmental assessment prepared before
International Emergency Economic Powers TITLE XII—REBUILD AMERICA NOW that date.
Act (50 U.S.C. 1702 and 1704) to carry out this SEC. 71201. SHORT TITLE. ‘‘(ii) ENVIRONMENTAL DOCUMENT OF LEAD
section. This title may be cited as the ‘‘Rebuild AGENCY.—Notwithstanding clause (i), the
(2) PENALTIES.—A person that violates, at- America Now Act’’. head of a Federal agency may rely on an en-
tempts to violate, conspires to violate, or vironmental impact statement or environ-
causes a violation of this section or any reg- Subtitle A—Environmental and Project mental assessment prepared by the lead
ulation, license, or order issued to carry out Review Modernization agency after the date on which the lead
this section shall be subject to the penalties SEC. 71211. EXPANSION OF STATE RESPONSI- agency issues a record of decision for the
set forth in subsections (b) and (c) of section BILITY FOR CATEGORICAL EXCLU- project.
206 of the International Emergency Eco- SIONS. ‘‘(D) IMPACT ANALYSIS.—On request by a
nomic Powers Act (50 U.S.C. 1705) to the Section 326 of title 23, United States Code, project sponsor, a lead agency may adopt,
same extent as a person that commits an un- is amended— use, or rely on a secondary or cumulative
lawful act described in subsection (a) of that (1) in subsection (a)— impact analysis that is included in any envi-
section. (A) in paragraph (1), by striking ‘‘certain ronmental impact statement or environ-
(e) EXCEPTIONS.— designated activities are included within mental assessment for a project located in
(1) EXCEPTION FOR INTELLIGENCE, LAW EN- classes of action identified in regulation by the geographical area that is the subject of
FORCEMENT, AND NATIONAL SECURITY ACTIVI- the Secretary that are’’ and inserting ‘‘any the secondary or cumulative impact anal-
TIES.—Sanctions under this section shall not activity is included within a class of action ysis, if the secondary or cumulative impact
apply to any authorized intelligence, law en- identified in a regulation of the Secretary analysis provides information that is appli-
forcement, or national security activities of that is’’; and cable to the project.
the United States. (B) in paragraph (2), by striking ‘‘and only ‘‘(2) STATE ENVIRONMENTAL DOCUMENTS.—
(2) EXCEPTION TO COMPLY WITH UNITED NA- for types of activities specifically designated ‘‘(A) ADOPTION.—
TIONS HEADQUARTERS AGREEMENT.—Sanctions by the Secretary’’; and ‘‘(i) IN GENERAL.—On request by a project
under this section shall not apply with re- (2) in subsection (b)(1), by inserting ‘‘(in- sponsor and subject to clause (ii), a lead
spect to the admission of an alien to the cluding the responsibility for making con- agency may adopt as the environmental im-
United States if the admission of the alien is formity determinations under the Clean Air pact statement or environmental assessment
necessary to permit the United States to Act (42 U.S.C. 7401 et seq.))’’ after ‘‘categor- for a project an environmental document
dlhill on DSK120RN23PROD with SENATE
comply with the Agreement regarding the ical exclusions’’. prepared under State law, if the State law
Headquarters of the United Nations, signed SEC. 71212. NATIONAL ENVIRONMENTAL POLICY provides environmental protection and an
at Lake Success June 26, 1947, and entered ACT OF 1969 REFORM. opportunity for public involvement that is
into force November 21, 1947, between the (a) IN GENERAL.—The National Environ- substantially similar to the environmental
United Nations and the United States, the mental Policy Act of 1969 (42 U.S.C. 4321 et protection and opportunity for public in-
Convention on Consular Relations, done at seq.) is amended by adding at the end the fol- volvement under this Act.
Vienna April 24, 1963, and entered into force lowing: ‘‘(ii) SUPPLEMENTAL DOCUMENTS.—
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S5728 CONGRESSIONAL RECORD — SENATE August 3, 2021
‘‘(I) IN GENERAL.—A lead agency shall pre- ‘‘(i) has no jurisdiction or authority with ‘‘(ii) shall identify in the comments of the
pare and publish a supplement to an environ- respect to the project; cooperating agency the legal authority of
mental document referred to in clause (i) be- ‘‘(ii) has no expertise or information rel- the cooperating agency relating to the sub-
fore adopting the State environmental docu- evant to the project; and ject matter of the comments.
ment if the lead agency determines that— ‘‘(iii) does not intend to submit comments ‘‘(B) LEAD AGENCY.—A lead agency shall
‘‘(aa) a significant change has been made on the project. not carry out any action in response to, or
to the project that is relevant for purposes of ‘‘(3) OTHER COOPERATING AGENCIES.— include in any document prepared under this
the environmental review by the lead agen- ‘‘(A) IN GENERAL.—The lead agency shall Act, any comment submitted by a cooper-
cy; or identify, as early as practicable in the envi- ating agency that relates to a subject matter
‘‘(bb) there have been significant changes ronmental review for a project, any official outside the expertise and authority of the
in circumstances or availability of informa- or agency other than an agency described in cooperating agency.
tion relevant to that environmental review. paragraph (2) that may have an interest in ‘‘(d) INITIATION OF ENVIRONMENTAL RE-
‘‘(II) PERIOD OF COMMENT.—For any supple- VIEW.—Not later than 45 days after the date
the project, including—
mental document prepared and published on which a lead agency receives an applica-
‘‘(i) the Governor of an affected State; and
under subclause (I), the lead agency may so- tion for a project from a project sponsor, the
‘‘(ii) a local or tribal government.
licit comments from agencies and the public lead agency shall initiate an environmental
‘‘(B) INVITATION.—
for a period of not more than 45 days begin- review of the project.
‘‘(i) IN GENERAL.—The lead agency shall ‘‘(e) ALTERNATIVES ANALYSIS.—
ning on the date of the publication. provide a written invitation to any agency
‘‘(B) OBLIGATION OF LEAD AGENCY.—The ‘‘(1) PARTICIPATION OF COOPERATING AGEN-
or official identified under subparagraph (A) CIES.—As early as practicable during the en-
adoption of an environmental document by a
to become a cooperating agency in the envi- vironmental review, but not later than the
lead agency under subparagraph (A)(i) satis-
ronmental review for the project. period during which the preparation of an
fies the obligation of the lead agency to pre-
‘‘(ii) DEADLINE REQUIRED.— environmental impact statement is required,
pare an environmental impact statement or
‘‘(I) IN GENERAL.—The invitation described the lead agency shall provide an opportunity
environmental assessment under this Act.
in clause (i) shall include a deadline, not to to the cooperating agencies to participate in
‘‘(C) RECORD OF DECISION.—With respect to
exceed 30 days after the date on which the determining the range of alternatives to be
a project, the lead agency shall issue a
record of decision or finding of no significant invitation is received, by which the invited considered for a project.
impact, as appropriate, based on— agency or official shall accept or decline the ‘‘(2) RANGE OF ALTERNATIVES.—
‘‘(i) the environmental document adopted invitation. ‘‘(A) IN GENERAL.—Subject to subpara-
under subparagraph (A)(i); and ‘‘(II) EXTENSION.—The lead agency may ex- graphs (B) and (C), after completion of the
‘‘(ii) any supplemental document prepared tend the deadline under subclause (I) only for participation of the cooperating agencies de-
under subparagraph (A)(ii). good cause shown. scribed in paragraph (1), the lead agency
‘‘(3) CONTEMPORANEOUS PROJECTS.—The ‘‘(C) FAILURE TO RESPOND.—An agency or shall determine the range of alternatives for
lead agency may adopt for a project an envi- official that fails to respond to an invitation consideration in the environmental impact
ronmental impact statement or environ- under subparagraph (B)(i) before the deadline statement or environmental assessment for
mental assessment that resulted from an en- under subparagraph (B)(ii) shall be consid- the project.
vironmental review carried out for a similar ered to have declined the invitation for des- ‘‘(B) NO EVALUATION OF CERTAIN ALTER-
project in geographical proximity to the ignation. NATIVES.—The head of a Federal agency shall
project, if the lead agency— ‘‘(D) DESIGNATION.—The lead agency shall not evaluate an alternative that—
‘‘(A) determines that— designate as a cooperating agency any agen- ‘‘(i) was identified during the participation
‘‘(i) there is a reasonable likelihood that cy or official that accepts an invitation period described in paragraph (1); and
the project will have a similar environ- under subparagraph (B). ‘‘(ii)(I) was not accepted by the lead agency
mental impact as the similar project; and ‘‘(4) EFFECT OF DECLINING COOPERATING under subparagraph (A) for detailed evalua-
‘‘(ii) during the 5-year period ending on the AGENCY INVITATION.—An agency or official tion in an environmental impact statement
date on which the lead agency makes the de- that declines a designation or invitation by or environmental assessment; or
termination, the similar project was subject the lead agency to be a cooperating agency ‘‘(II)(aa) was evaluated by the lead agency;
to environmental review or similar State for a project shall be precluded from— and
procedures; and ‘‘(A) submitting comments on any environ- ‘‘(bb) was not selected for any environ-
‘‘(B) adopts the environmental impact mental impact statement or environmental mental impact statement or environmental
statement or environmental assessment in assessment prepared for the project; and assessment for the project.
accordance with paragraph (2)(A). ‘‘(B) taking any action to oppose, based on ‘‘(C) ONLY FEASIBLE ALTERNATIVES EVALU-
‘‘(c) COOPERATING AGENCIES.— the environmental review, any permit, li- ATED.—In the case of a project that is con-
‘‘(1) IN GENERAL.—The lead agency of a cense, or approval relating to the project. structed, managed, funded, or carried out by
project shall— ‘‘(5) EFFECT OF DESIGNATION.—Designation a project sponsor that is not a Federal agen-
‘‘(A) be responsible for designating or in- as a cooperating agency under this sub- cy, the head of a Federal agency shall only
viting, as applicable, cooperating agencies section does not imply that the cooperating evaluate an alternative that, consistent with
(within the meaning of section 1501.6 of title agency— the purpose of, and the need for, the
40, Code of Federal Regulations (as in effect ‘‘(A) supports a proposed project; or project—
on the date of enactment of this section)) in ‘‘(B) has jurisdiction over, or special exper- ‘‘(i) the project sponsor may feasibly carry
accordance with this subsection; and tise with respect to evaluation of, the out; and
‘‘(B) provide to the head of each cooper- project. ‘‘(ii) is technically and economically fea-
ating agency a notice of the designation or ‘‘(6) CONCURRENT REVIEWS.—The head of sible, as determined by the head of the Fed-
invitation in writing. each Federal agency designated as a cooper- eral agency.
‘‘(2) FEDERAL COOPERATING AGENCIES.— ating agency shall— ‘‘(3) METHODOLOGIES.—
‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) carry out the obligations of the Fed- ‘‘(A) IN GENERAL.—With respect to an alter-
subparagraph (C), any Federal agency that is eral agency under other applicable law con- native for a project, the lead agency shall, in
required to adopt the environmental impact currently and in conjunction with the envi- collaboration with cooperating agencies at
statement or environmental assessment of ronmental review required for the applicable an appropriate time during the environ-
the lead agency for a project shall— project under this Act; and mental review for the project, determine the
‘‘(i) be designated as a cooperating agency; ‘‘(B) in accordance with the rules promul- methodologies to be used in, and the level of
and gated by the Council on Environmental detail required for, the review.
‘‘(ii) collaborate on the preparation of the Quality pursuant to section 71212(b)(1) of the ‘‘(B) DESCRIPTION REQUIRED.—The lead
environmental impact statement or environ- Rebuild America Now Act, develop and carry agency shall include in the environmental
mental assessment. out such rules, policies, and procedures as impact statement or environmental assess-
‘‘(B) NOTIFICATION.—The lead agency shall may be reasonably necessary to enable the ment for a project a description of—
provide to the head of a Federal agency de- Federal agency to ensure completion of the ‘‘(i) the methodologies used in preparing
scribed in subparagraph (A) a written notice environmental review and environmental de- the environmental impact statement or en-
of designation under paragraph (1) that cisionmaking process in a timely, coordi- vironmental assessment; and
specifies a date by which the head of the nated, and environmentally responsible man- ‘‘(ii) the means by which the methodolo-
Federal agency shall respond. ner. gies were selected.
‘‘(C) EXCEPTION.—Notwithstanding sub- ‘‘(7) COOPERATING AGENCY COMMENTS.— ‘‘(C) NO EVALUATION OF INAPPROPRIATE AL-
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paragraph (A), the head of a Federal agency ‘‘(A) IN GENERAL.—In providing comments TERNATIVES.—In preparing an environmental
may decline designation as a cooperation on a project, a cooperating agency— impact statement or environmental assess-
agency if, not later than the date specified ‘‘(i) shall not provide comments on a sub- ment, a lead agency may omit from the envi-
by the lead agency under subparagraph (B), ject matter that does not relate to the exper- ronmental document a detailed evaluation of
the head of the Federal agency informs the tise and statutory authority of the cooper- an alternative determined by the lead agen-
lead agency in writing that the Federal ating agency, as expressly delegated by Con- cy not to meet the purpose of, and need for,
agency— gress; and the project.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5729
‘‘(4) EMPLOYMENT ANALYSIS.—The evalua- fication to each cooperating agency and the ‘‘(4) DECISIONS PRIOR TO RECORD OF DECISION
tion of each alternative in an environmental project sponsor; and OR FINDING OF NO SIGNIFICANT IMPACT.—Not-
impact statement or environmental assess- ‘‘(B) make a copy of the schedule available withstanding any other provision of law, in
ment shall identify the potential effects of to the public. the case of a project for which a Federal
the alternative on employment, including— ‘‘(6) ROLE AND RESPONSIBILITY OF LEAD agency is required to approve or otherwise to
‘‘(A) potential short-term and long-term AGENCY.—With respect to the environmental take an action relating to a permit, license,
employment increases and reductions; and review for a project, the lead agency may or other similar application before the lead
‘‘(B) shifts in employment. take such actions as are necessary, within agency may issue a record of decision or
‘‘(f) COORDINATION PLAN AND SCHEDULING.— the authority of the lead agency, to facili- finding of no significant impact, the head of
‘‘(1) IN GENERAL.—To facilitate the expedi- tate the expeditious resolution of the envi- the Federal agency shall approve or take the
tious resolution of an environmental review, ronmental review. applicable action by not later than the ear-
the lead agency shall establish and imple- ‘‘(g) DEADLINES.— lier of—
ment a coordination plan for public and ‘‘(1) IN GENERAL.—The deadlines described ‘‘(A) the end of the 90-day period beginning
agency participation in, and comment on, in this subsection shall apply to any project on the date on which—
the environmental review for a project or subject to review under this Act and any de- ‘‘(i) all other relevant Federal agency re-
category of projects. cision under Federal law relating to the views relating to the project are complete;
and
‘‘(2) SCHEDULE.— project, including the issuance or denial of a
‘‘(ii) the lead agency publishes a notice of
‘‘(A) IN GENERAL.—In developing the co- permit or license or any required finding.
the availability of the final environmental
ordination plan described in paragraph (1), ‘‘(2) ENVIRONMENTAL REVIEWS.—
impact statement or issuance of other final
the lead agency shall consult with each co- ‘‘(A) ENVIRONMENTAL IMPACT STATEMENT
environmental documents; and
operating agency and the project sponsor to PROJECTS.—The lead agency shall—
‘‘(B) the date that is otherwise required by
develop a schedule for the completion of the ‘‘(i) for a project that requires an environ-
law.
environmental review that— mental impact statement under Federal law
‘‘(5) OTHER DECISIONS.—
‘‘(i) considers factors such as— (including regulations), issue the environ-
‘‘(A) IN GENERAL.—Except as provided in
‘‘(I) the responsibilities of the cooperating mental impact statement by not later than 2 subparagraph (B), with respect to any ap-
agencies under applicable law; years after the earlier of— proval or other action of a Federal agency
‘‘(II) the resources available to the cooper- ‘‘(I) the date on which the lead agency re- relating to a project that is not subject to
ating agencies; ceives an application for the project from a paragraph (4), each Federal agency shall
‘‘(III) the overall size and complexity of project sponsor; and make the approval or carry out the action by
the project; ‘‘(II) the date on which a notice of intent not later than the end of the 180-day period
‘‘(IV) the overall schedule for and cost of to prepare an environmental impact state- beginning on the date on which—
the project; ment is published in the Federal Register; ‘‘(i) all other relevant agency reviews re-
‘‘(V) the sensitivity of the natural and his- and lating to the project are complete; and
torical resources that may be affected by the ‘‘(ii) for a project for which the lead agency ‘‘(ii) the lead agency issues a record of de-
project; and prepared an environmental assessment, and cision or finding of no significant impact.
‘‘(VI) the extent to which similar projects determined pursuant to that environmental ‘‘(B) EXTENSION.—
in geographical proximity to the project assessment that an environmental impact ‘‘(i) IN GENERAL.—Subject to clause (ii), the
were recently subject to environmental re- statement is required, issue the environ- head of a Federal agency may extend the
view or similar State procedures; and mental impact statement by not later than 2 deadline referred to in subparagraph (A) for
‘‘(ii) includes the deadlines, consistent years after the date of publication of the no- good cause, if the head of the Federal agen-
with subsection (g), for decisions under Fed- tice of intent to prepare an environmental cy, the lead agency, and the project sponsor
eral law relating to the project, including de- impact statement in the Federal Register. agree to extend the deadline.
cisions on the issuance or denial of a permit ‘‘(B) ENVIRONMENTAL ASSESSMENT ‘‘(ii) LIMITATION.—The head of a Federal
or license. PROJECTS.—For a project that requires an en- agency shall not extend a deadline under
‘‘(B) COMPLIANCE WITH SCHEDULE.— vironmental assessment, the lead agency clause (i) for a period longer than 1 year
‘‘(i) IN GENERAL.—Each cooperating agency shall issue a finding of no significant impact after the date on which the lead agency
shall comply with— or publish a notice of intent to prepare an issues the record of decision or finding of no
‘‘(I) the deadlines established in the sched- environmental impact statement in the Fed- significant impact.
ule under subparagraph (A); and eral Register by not later than 1 year after ‘‘(6) EFFECT OF NONCOMPLIANCE.—
‘‘(II) in the case of a modification to the the earliest of— ‘‘(A) IN GENERAL.—A permit, license, or
schedule under paragraph (4), any modified ‘‘(i) the date on which the lead agency re- other similar application for approval relat-
deadline. ceives the project initiation request; ing to a project that requires the approval or
‘‘(ii) EFFECT OF NONCOMPLIANCE.—The lead ‘‘(ii) the date on which the lead agency other action by a Federal agency shall be
agency shall disregard, and shall not respond makes a decision to prepare an environ- considered to be approved by the Federal
to or include in any environmental impact mental assessment; and agency if the head of the Federal agency
statement or environmental assessment, any ‘‘(iii) the date on which the lead agency fails to approve or otherwise take an action
comment or information submitted or any sends out cooperating agency invitations. relating to the permit, license, or other simi-
finding made by a cooperating agency that is ‘‘(C) EXTENSIONS.— lar application by the deadline described in
not in accordance with the deadline estab- ‘‘(i) REQUIREMENTS.—Subject to clause (ii), paragraph (4) or (5).
lished in the schedule under subparagraph the lead agency may extend a deadline under ‘‘(B) DEADLINE FOR COMPLIANCE.—The head
(A) or a modified deadline under paragraph subparagraph (A) or (B) only— of the Federal agency shall act in accordance
(4). ‘‘(I) if the lead agency, project sponsor, and with the approval under subparagraph (A) by
‘‘(iii) FAILURE TO OBJECT.—If a cooperating each cooperating agency agree on a different not later than 30 days after the applicable
agency fails to object in writing to a lead deadline; or deadline described in paragraph (4) or (5).
agency decision, finding, or request for con- ‘‘(II) for good cause. ‘‘(C) FINAL AGENCY ACTION.—
currence in accordance with the deadline es- ‘‘(ii) LIMITATION.—The lead agency shall ‘‘(i) IN GENERAL.—An approval under sub-
tablished under law or by the lead agency, not extend a deadline under subparagraph paragraph (A) shall be considered to be a
the cooperating agency shall be considered (A) or (B)— final agency action, which may not be re-
to have concurred in the decision, finding, or ‘‘(I) in the case of a project that requires versed by any agency.
request. an environmental impact statement, by ‘‘(ii) REVIEW.—In any action under chapter
‘‘(3) CONSISTENCY WITH OTHER DEADLINES.— more than 1 year; and 7 of title 5, United States Code, that seeks
A schedule under paragraph (2) shall be con- ‘‘(II) in the case of a project that requires review of a final agency action under clause
sistent with any other relevant deadline an environmental assessment, by more than (i), a court may not set aside the action
under Federal law. 180 days. based on the action having been made final
‘‘(4) MODIFICATION OF SCHEDULE.—With re- ‘‘(3) ENVIRONMENTAL REVIEW COMMENTS.— under that clause.
spect to a schedule under paragraph (2), the The lead agency shall establish for each en- ‘‘(h) ISSUE IDENTIFICATION AND RESOLU-
lead agency may— vironmental impact statement and environ- TION.—
‘‘(A) extend the schedule for good cause; mental assessment a comment period of not ‘‘(1) COOPERATION.—The lead agency and
and more than 30 days after the date on which the cooperating agencies shall work in ac-
‘‘(B) shorten the schedule only with the the environmental impact statement or en- cordance with this subsection to identify and
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concurrence of each cooperating agency. vironmental assessment is made publicly resolve any issue that may delay the comple-
‘‘(5) DISSEMINATION.—With respect to a available, unless— tion of an environmental review or result in
schedule under paragraph (2), the lead agen- ‘‘(A) the lead agency, project sponsor, and the denial of an approval required for the
cy shall— each cooperating agency agree on a different project under applicable law.
‘‘(A) not later than 15 days after the date deadline; or ‘‘(2) LEAD AGENCY RESPONSIBILITIES.—As
of completion or modification of schedule, ‘‘(B) the lead agency extends the deadline early as practicable during the environ-
provide a copy of the schedule and any modi- for good cause. mental review process, the lead agency shall
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S5730 CONGRESSIONAL RECORD — SENATE August 3, 2021
make available information (including infor- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in (1) consult with the Administrator of the
mation based on existing data sources, in- this subsection creates a right to judicial re- Federal Emergency Management Agency and
cluding geographic information systems) re- view or places any limit on filing a claim the Secretary of the Army to identify com-
lating to the environmental, historic, and so- that a person has violated the terms of a per- munities that are imminently threatened
cioeconomic resources located in the project mit, license, or approval issued by a Federal from flooding or erosion; and
area and the general location of any alter- agency for an action subject to this Act. (2) designate as an action categorically ex-
native under consideration. ‘‘(k) CATEGORIES OF PROJECTS.—The au- cluded from the requirements relating to en-
‘‘(3) COOPERATING AGENCY RESPONSIBIL- thority granted under this title may be exer- vironmental assessments or environmental
ITIES.—Based on information received from cised for— impact statements for purposes of section
the lead agency, a cooperating agency shall ‘‘(1) any single project; or 771.117(c) of title 23, Code of Federal Regula-
identify, as early as practicable, any issue of ‘‘(2) any category of 2 or more projects re- tions (or successor regulations), and section
concern relating to the potential environ- lated by project type, potential environ- 1508.4 of title 40, Code of Federal Regulations
mental, historical, or socioeconomic impact mental impact, geographical location, or (or successor regulations), any project—
of a project, including any issue that may other similar project feature or char- (A) that is critical to the immediate safety
substantially delay or prevent an agency acteristic. of a threatened community identified under
from granting a permit or other approval re- ‘‘(l) EFFECTIVE DATE.— paragraph (1); or
quired for the project. ‘‘(1) IN GENERAL.—This title applies only to (B) for the maintenance, repair, recon-
‘‘(4) ISSUE RESOLUTION.— an environmental review or environmental struction, restoration, retrofitting, or re-
‘‘(A) MEETING OF COOPERATING AGENCIES.— decisionmaking process initiated after the placement of an existing road, highway,
To resolve any issue that may delay the date of enactment of this title.
bridge, tunnel, or other transit facility (such
completion of an environmental review or ‘‘(2) APPLICABILITY OF DEADLINES.—
as a ferry dock or bus transfer station), in-
result in the denial of an approval required ‘‘(A) IN GENERAL.—Except as provided in
cluding ancillary transportation facilities
for a project under applicable law, the lead subparagraph (B), in the case of a project for
(such as pedestrian and bicycle paths and
agency shall promptly convene a meeting which an environmental review or environ-
bike lanes), if the project is to be completed
with the relevant cooperating agency and mental decisionmaking process is initiated
in the same location, and with the same pre-
the project sponsor on request by a project before the date of enactment of this title,
existing design, as the existing structure.
sponsor at any time. subsection (g) shall apply. (b) REGULATIONS.—The Secretary shall pro-
‘‘(B) NOTICE THAT RESOLUTION CANNOT BE ‘‘(B) EXCEPTION.—Notwithstanding any mulgate such regulations as are necessary to
ACHIEVED.—If a resolution to an issue identi- other provision of this section, in deter- carry out subsection (a) by not later than 150
fied under paragraph (1) cannot be achieved mining a deadline under subsection (g), any days after the date of enactment of this Act.
by the date that is 30 days after the date on applicable period of time shall be calculated SEC. 71214. CATEGORICAL EXCLUSION FOR
which a meeting is convened under subpara- as beginning on the date of enactment of this PROJECTS OF LIMITED FEDERAL AS-
graph (A), and the lead agency determines title. SISTANCE.
that all information necessary to resolve the ‘‘(m) APPLICABILITY.—Except as provided Section 1317(1) of the MAP–21 (23 U.S.C. 109
issue has been obtained, the lead agency in subsection (n), this title applies to each note; Public Law 112–141) is amended—
shall— project for which a Federal agency is re- (1) in subparagraph (A), by striking
‘‘(i) notify— quired to carry out an environmental review ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and
‘‘(I) each cooperating agency; or environmental decisionmaking process. (2) in subparagraph (B), by striking ‘‘15
‘‘(II) the project sponsor; and ‘‘(n) SAVINGS CLAUSE.—Nothing in this sec-
percent’’ and inserting ‘‘16 percent’’.
tion supersedes, amends, or modifies—
‘‘(III) the Council on Environmental Qual- SEC. 71215. SIMPLIFYING ENVIRONMENTAL DOC-
‘‘(1) section 134, 135, 139, 325, 326, or 327 of
ity established by section 202 for further pro- UMENTS.
title 23, United States Code;
ceedings in accordance with section 204; and (a) STATEMENT OF POLICY.—It is the policy
‘‘(2) section 5303 or 5304 of title 49, United
‘‘(ii) publish in the Federal Register a no- of the United States that the purpose of re-
States Code; or
tice relating to the failure to achieve a reso- quiring an environmental document relating
‘‘(3) subtitle C of title I of division A of the
lution. to a project is only to ensure that the proc-
‘‘(i) MERGING DOCUMENTS.— Moving Ahead for Progress in the 21st Cen-
ess of considering the effects of the project
‘‘(1) IN GENERAL.—Notwithstanding any tury Act (Public Law 112–141; 126 Stat. 527)
takes place before the occurrence of any sig-
other provision of law, except as provided in (or any amendment made by that subtitle).’’.
nificant Federal action to carry out the
(b) REGULATIONS.—
paragraph (2), the lead agency of a project project.
(1) COUNCIL ON ENVIRONMENTAL QUALITY.—
shall expeditiously develop a single docu- (b) PAGE LIMITS.—
Not later than 180 days after the date of en-
ment that consists of— (1) IN GENERAL.—To facilitate public trans-
actment of this Act, the Council on Environ-
‘‘(A) a final environmental impact state- parency and understanding of environmental
mental Quality established by section 202 of
ment relating to the project; documentation, an environmental docu-
the National Environmental Policy Act of
‘‘(B) each record of decision relating to the ment—
1969 (42 U.S.C. 4342) shall—
project; and (A) shall—
(A) amend the regulations contained in
‘‘(C) the final decision of the Secretary of (i) be sufficient to provide a reasonable
chapter V of title 40, Code of Federal Regula-
the Army with respect to the environmental consideration of the potential environmental
tions (or successor regulations), to imple-
review carried out by the Secretary, acting effects and alternatives of a proposed
ment this section and the amendments made
through the Chief of Engineers, relating to project; and
by this section; and
an application for a permit for the project (ii) reflect a thorough examination of the
(B) by rule, designate each State with laws
under section 404 of the Federal Water Pollu- potential impacts of the project; but
and procedures that satisfy the criteria
tion Control Act (33 U.S.C. 1344). (B) shall not exceed 300 pages without sub-
under section 301(b)(2)(A) of the National En-
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not stantial justification.
vironmental Policy Act of 1969 (as added by
apply in any case in which— (2) NOTICE AND COMMENT REQUIREMENTS.—
subsection (a)).
‘‘(A) the final environmental impact state- (A) IN GENERAL.—An agency may exceed
(2) FEDERAL AGENCIES.—Not later than 120
ment relating to the project makes a sub- the 300-page limit under paragraph (1)(B) if
days after the date on which the Council on
stantial change relating to an environmental the agency provides to proponents of the ap-
Environmental Quality amends the regula-
or safety concern to a proposed action under plicable project a notice, and a period of not
tions described in paragraph (1)(A), the head
the project; or less than 30 days for comment, regarding the
of each Federal agency that has promulgated
‘‘(B) there exists a significant new cir- proposed exceedance.
regulations implementing the National Envi-
cumstance or information relating to an en- (B) ELIGIBILITY TO COMMENT.—The oppor-
ronmental Policy Act of 1969 (42 U.S.C. 4321
vironmental concern that affects such a pro- tunity to comment under subparagraph (A)
et seq.) shall amend the regulations to im-
posed action or the impacts of the proposed shall not be provided to any individual or en-
plement this section and the amendments
action. tity other than a proponent of the applicable
made by this section.
‘‘(j) LIMITATIONS ON CLAIMS.— (c) LIMITATIONS ON CLAIMS UNDER FAST project.
‘‘(1) FINAL AGENCY ACTIONS.— ACT.—Section 41007(a) of the FAST Act (42 SEC. 71216. PERMITTEE BILL OF RIGHTS.
‘‘(A) IN GENERAL.—The deadline for filing a U.S.C. 4370m–6(a)) is amended— Section 101 of the National Environmental
claim for judicial review of a final agency ac- (1) in paragraph (1)(A), by striking ‘‘2 Policy Act of 1969 (42 U.S.C. 4331) is amended
tion is the date that is 180 days after the years’’ and inserting ‘‘180 days’’; and by adding at the end the following:
date of publication of a notice in the Federal (2) in paragraph (2)(B), by striking ‘‘2 ‘‘(d) PERMITTEE BILL OF RIGHTS.—
Register announcing the record of decision years’’ and inserting ‘‘180 days’’. ‘‘(1) STATEMENT OF POLICY.—It is the policy
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for the action. SEC. 71213. DESIGNATION OF CATEGORICAL EX-
of the United States—
‘‘(B) NEW INFORMATION.—A claim chal- CLUSIONS FOR EMERGENCY ‘‘(A) to use natural resources in a respon-
lenging a final agency action on the basis of PROJECTS AND STRUCTURALLY DE- sible manner to maximize value and utility,
information contained in a supplemental en- FICIENT INFRASTRUCTURE. while protecting public health and welfare;
vironmental impact statement shall be lim- (a) IN GENERAL.—Not later than 180 days and
ited to a challenge on the basis of that infor- after the date of enactment of this Act, the ‘‘(B) that, therefore, in implementing a
mation. Secretary shall— Federal permitting law, a Federal agency
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5731
should, to the maximum extent practicable, (i) an individual or entity to conduct on In- (B) EXCLUSION.—The term ‘‘ultimately pre-
seek to issue permit decisions favorably. dian land or public land activities involving vail’’ does not include any situation in which
‘‘(2) DEFINITION OF FEDERAL PERMITTING the exploration, development, production, or the relevant final agency action is modified
LAW.—In this subsection: transportation of oil, gas, coal, shale gas, oil or amended by the issuing agency, unless the
‘‘(A) IN GENERAL.—The term ‘Federal per- shale, geothermal resources, wind or solar modification or amendment is required pur-
mitting law’ means any provision of Federal resources, underground coal gasification, suant to—
law pursuant to which a Federal agency may biomass, or the generation of electricity; or (i) a final, enforceable judgment of the
issue a permit. (ii) an Indian tribe, or any organization of court; or
‘‘(B) INCLUSIONS.—The term ‘Federal per- 2 or more entities at least 1 of which is an In- (ii) a court-ordered consent decree.
mitting law’ includes— dian tribe, to conduct activities involving (2) AWARD.—
‘‘(i) the Toxic Substances Control Act (15 the exploration, development, production, or (A) IN GENERAL.—In any energy-related
U.S.C. 2601 et seq.); transportation of oil, gas, coal, shale gas, oil cause of action in which the plaintiff does
‘‘(ii) the Endangered Species Act of 1973 (16 shale, geothermal resources, wind or solar not ultimately prevail, the court shall award
U.S.C. 1531 et seq.); resources, underground coal gasification, to the defendant (including any intervenor-
‘‘(iii) the Surface Mining Control and Rec- biomass, or the generation of electricity, re- defendants), other than the United States,
lamation Act of 1977 (30 U.S.C. 1201 et seq.); gardless of the location at which those ac- fees and other expenses incurred by that de-
‘‘(iv) the Federal Water Pollution Control tivities are carried out. fendant in connection with the energy-re-
Act (33 U.S.C. 1251 et seq.); (3) INDIAN LAND.— lated cause of action, unless the court finds
‘‘(v) the Safe Drinking Water Act (42 U.S.C. (A) IN GENERAL.—The term ‘‘Indian land’’ that—
300f et seq.); has the meaning given the term in section (i) the position of the plaintiff was sub-
‘‘(vi) the Atomic Energy Act of 1954 (42 2601 of the Energy Policy Act of 1992 (25 stantially justified, in accordance with sub-
U.S.C. 2011 et seq.); U.S.C. 3501). paragraph (B); or
‘‘(vii) the Solid Waste Disposal Act (42 (B) INCLUSION.—The term ‘‘Indian land’’ in- (ii) special circumstances make such an
U.S.C. 6901 et seq.); cludes land owned by a Native Corporation award unjust.
‘‘(viii) the Clean Air Act (42 U.S.C. 7401 et under the Alaska Native Claims Settlement (B) SUBSTANTIALLY JUSTIFIED DETERMINA-
seq.); and Act (43 U.S.C. 1601 et seq.). TION.—Whether the position of the plaintiff
‘‘(ix) the Outer Continental Shelf Lands (4) PUBLIC LAND.—The term ‘‘public land’’ was substantially justified for purposes of
Act (43 U.S.C. 1331 et seq.). has the meaning given the term ‘‘public subparagraph (A)(i) shall be determined on
‘‘(3) APPLICANT AND PERMITTEE RIGHTS.—In lands’’ in section 103 of the Federal Land the basis of the administrative record, as a
any communication between a permittee or Policy and Management Act of 1976 (43 whole, relating to the energy-related cause
an applicant for a permit and a Federal agen- U.S.C. 1702). of action for which fees and other expenses
cy relating to a determination of the agency (b) DEADLINE FOR FILING.— are sought.
pursuant to a Federal permitting law, the (1) IN GENERAL.—An energy-related cause SEC. 71222. LIMITING SUE AND SETTLE PRAC-
TICES.
following shall apply: of action shall be filed by not later than 60
days after the date of publication of the ap- (a) DEFINITIONS.—In this section:
‘‘(A) Any decision relating to the applica-
plicable final agency action. (1) AGENCY; AGENCY ACTION.—The terms
ble permit or application shall be issued—
(2) PROHIBITION.—An energy-related cause ‘‘agency’’ and ‘‘agency action’’ have the
‘‘(i) within the applicable deadline; or
of action that is not filed within the time pe- meanings given those terms under section
‘‘(ii) at such other reasonable time as may
riod described in paragraph (1) shall be 551 of title 5, United States Code.
be agreed to by the permittee or applicant
(2) COVERED CIVIL ACTION.—The term ‘‘cov-
and the Federal agency. barred.
(c) DISTRICT COURT VENUE AND DEADLINE.— ered civil action’’ means a civil action—
‘‘(B) Each permittee and permit applicant (A) seeking to compel agency action;
shall have the right— An energy-related cause of action shall be—
(1) brought in the United States District (B) alleging that the agency is unlawfully
‘‘(i) to assistance and prompt response in withholding or unreasonably delaying an
seeking from the Federal agency informa- Court for the District of Columbia Circuit;
and agency action relating to a regulatory action
tion regarding the regulatory and permit that would affect the rights of—
process; (2) resolved—
(A) as expeditiously as practicable; and (i) private persons other than the person
‘‘(ii) to request and receive— bringing the action; or
‘‘(I) a clear projected schedule of fees for (B) in any event, not later than the date
that is 180 days after the date on which the (ii) a State, local, or tribal government;
the review and completion of the permit and
process; and energy-related cause of action is filed.
(d) APPELLATE REVIEW.— (C) brought under—
‘‘(II) a clear, concise statement of the rea- (i) chapter 7 of title 5, United States Code;
soning for a determination by the agency to (1) IN GENERAL.—An interlocutory order or
final judgment, decree, or order of the dis- or
reject a permit application; (ii) any other statute authorizing such an
‘‘(iii) to know the exact deficiencies in a trict court in an energy-related cause of ac-
tion may be reviewed by the United States action.
rejected application; and (3) COVERED CONSENT DECREE.—The term
‘‘(iv) to a transparent and unbiased deci- Court of Appeals for the District of Columbia
Circuit. ‘‘covered consent decree’’ means—
sion based on the submitted application and (A) a consent decree entered into in a cov-
applicable Federal permitting law and regu- (2) REQUIREMENT.—The United States
Court of Appeals for the District of Columbia ered civil action; and
latory requirements.’’. (B) any other consent decree that requires
SEC. 71217. POLICY REVIEW UNDER CLEAN AIR shall resolve an appeal of an energy-related
cause of action— agency action relating to a regulatory action
ACT.
(A) as expeditiously as practicable; and that affects the rights of—
Section 309(a) of the Clean Air Act (42 (i) private persons other than the person
U.S.C. 7609(a)) is amended by striking ‘‘any (B) in any event, not later than the date
that is 180 days after the date on which the bringing the action; or
(1) legislation proposed by any Federal de- (ii) a State, local, or tribal government.
partment or agency, (2) newly authorized applicable interlocutory order or final judg-
ment, decree, or order of the district court (4) COVERED CONSENT DECREE OR SETTLE-
Federal projects for construction and any MENT AGREEMENT.—The term ‘‘covered con-
major Federal agency action (other than a was issued.
(e) LIMITATION ON CERTAIN PAYMENTS.— sent decree or settlement agreement’’ means
project for construction) to which section a covered consent decree and a covered set-
102(2)(C) of Public Law 91–190 applies, and (3) Notwithstanding section 1304 of title 31,
United States Code, no award may be made tlement agreement.
proposed regulations’’ and inserting ‘‘any (5) COVERED SETTLEMENT AGREEMENT.—The
under section 504 of title 5, United States
legislation proposed by a Federal depart- term ‘‘covered settlement agreement’’
Code, or section 2412 of title 28, United
ment or agency or proposed regulations’’. means—
States Code, and no amounts may be obli-
Subtitle B—Judicial Provisions gated or expended from the Claims and Judg- (A) a settlement agreement entered into in
SEC. 71221. DEADLINE FOR FILING ENERGY-RE- ment Fund of the Treasury to pay any fees a covered civil action; and
LATED CAUSES OF ACTION. or other expenses under those sections, to (B) any other settlement agreement that
(a) DEFINITIONS.—In this section: any person or party in an energy-related requires agency action relating to a regu-
(1) AGENCY ACTION.—The term ‘‘agency ac- cause of action. latory action that affects the rights of—
tion’’ has the meaning given the term in sec- (f) LEGAL FEES.— (i) private persons other than the person
tion 551 of title 5, United States Code. (1) DEFINITION OF ULTIMATELY PREVAIL.—In bringing the action; or
(2) ENERGY-RELATED CAUSE OF ACTION.—The this subsection: (ii) a State, local, or tribal government.
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term ‘‘energy-related cause of action’’ means (A) IN GENERAL.—The term ‘‘ultimately (b) CONSENT DECREE AND SETTLEMENT RE-
a cause of action that— prevail’’ means a final, enforceable judgment FORM.—
(A) is filed on or after the date of enact- by a court of competent jurisdiction in favor (1) PLEADINGS AND PRELIMINARY MATTERS.—
ment of this Act; and of a party on at least 1 energy-related cause (A) IN GENERAL.—In any covered civil ac-
(B) seeks judicial review of a final agency of action that is an underlying rationale for tion, the agency against which the covered
action to issue a permit, license, or other the preliminary injunction, administrative civil action is brought shall publish the no-
form of agency permission allowing— stay, or other relief requested by the party. tice of intent to sue and the complaint in a
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S5732 CONGRESSIONAL RECORD — SENATE August 3, 2021
readily accessible manner, including by company that submits to the Commission an lines for the generation and distribution of
making the notice of intent to sue and the application for a certificate of public conven- electrical power’’ and inserting ‘‘lines for the
complaint available in the Federal Register ience and necessity under this section to generation and distribution of electrical
or online not later than 15 days after receiv- construct an interstate natural gas pipe- power, and natural gas or petroleum product
ing service of the notice of intent to sue or line— pipelines’’.
complaint, respectively. ‘‘(A) with respect to any preliminary re- Subtitle D—Transportation Conformity
(B) ENTRY OF A COVERED CONSENT DECREE quirement for that certification, may use Reform
OR SETTLEMENT AGREEMENT.—A party may aerial survey data to satisfy the preliminary
SEC. 71241. LIMITATIONS ON CERTAIN FEDERAL
not make a motion for entry of a covered requirement; but ASSISTANCE UNDER CLEAN AIR ACT.
consent decree or to dismiss a civil action ‘‘(B) with respect to each applicable non-
Section 176 of the Clean Air Act (42 U.S.C.
pursuant to a covered settlement agreement preliminary survey requirement for approval
7506) is amended—
until after the end of proceedings in accord- of the certification, shall achieve compliance
(1) in subsection (c)(1)—
ance with subparagraph (A) and paragraph with the requirement through such other
(A) by striking the undesignated matter
(2)(B)(i). means as the Commission may require.’’; and
following clause (iii) of subparagraph (B);
(2) PUBLICATION OF AND COMMENT ON COV- (2) by adding at the end the following:
‘‘(i) REGULATORY APPROVAL OF NATURAL and
ERED CONSENT DECREES OR SETTLEMENT
GAS PIPELINE PROJECTS.— (B) in the fourth sentence, by striking
AGREEMENTS.—
(A) IN GENERAL.—Not later than 60 days be- ‘‘(1) DEFINITION OF PREFILED PROJECT.—In ‘‘Conformity to an implementation plan
fore the date on which a covered consent de- this subsection, the term ‘prefiled project’ means—’’ and inserting the following:
means a project for the siting, construction, ‘‘(a) DEFINITION OF CONFORM.—
cree or settlement agreement is filed with a
expansion, or operation of a natural gas pipe- ‘‘(1) IN GENERAL.—In this section, the term
court, the agency seeking to enter the cov-
line with respect to which a prefiling docket ‘conform’, with respect to the status of an
ered consent decree or settlement agreement
shall publish in the Federal Register and on- number has been assigned by the Commis- activity, project, program, or plan as deter-
line the proposed covered consent decree or sion pursuant to a prefiling process estab- mined under an applicable implementation
settlement agreement. lished by the Commission for the purpose of plan, means that the activity, project, pro-
(B) PUBLIC COMMENT.— facilitating the formal application process gram, or plan—’’;
(i) IN GENERAL.—An agency seeking to for obtaining a certificate of public conven- (2) in subsection (a) (as so redesignated)—
enter a covered consent decree or settlement ience and necessity. (A) in paragraph (1) (as so redesignated)—
agreement shall accept public comment dur- ‘‘(2) DETERMINATION ON APPLICATIONS.—The (i) by striking ‘‘(A) conformity to’’ and in-
ing the period described in subparagraph (A) Commission shall approve or deny an appli- serting the following:
on any issue relating to the matters alleged cation for a certificate of public convenience ‘‘(A) achieves compliance with’’; and
in the complaint in the applicable civil ac- and necessity for a prefiled project by not (ii) by striking ‘‘(B) that such activities
tion or addressed or affected by the proposed later than 1 year after the date of receipt of will’’ and inserting the following:
covered consent decree or settlement agree- a completed application that is ready to be ‘‘(B) will’’;
ment. processed, as determined by the Commission (B) by moving the subsection (as so amend-
(ii) SUBMISSIONS TO COURT.—When moving by regulation. ed) to appear at the beginning of the section;
that the court enter a proposed covered con- ‘‘(3) OTHER FEDERAL AGENCIES.— and
sent decree or settlement agreement or for ‘‘(A) IN GENERAL.—Except as provided in (C) by adding at the end the following:
dismissal pursuant to a proposed covered subparagraph (B), the head of the Federal de- ‘‘(2) DETERMINATION ESTIMATES.—For pur-
consent decree or settlement agreement, an partment or agency responsible for issuing poses of paragraph (1), a determination re-
agency shall inform the court of the statu- any license, permit, or other approval re- garding the conformity of an activity,
tory basis for the proposed covered consent quired under Federal law in connection with project, program, or plan shall be based on
decree or settlement agreement and its a prefiled project for which a certificate of the most recent estimates of the emissions
terms. public convenience and necessity is sought of the activity, project, program, or plan,
(3) REVIEW BY COURT.— under this Act shall approve or deny the li- which shall be determined based on the most
(A) IN GENERAL.—A court shall review the cense, permit, or other approval by not later recent applicable population, employment,
statutory basis for the proposed covered con- than 90 days after the date on which the travel, and congestion estimates (as deter-
sent decree or settlement agreement and its Commission issues a final environmental mined by the metropolitan planning organi-
terms de novo. document relating to the project. zation or other agency authorized to make
(B) REVIEW OF DEADLINES.— ‘‘(B) EXTENSION.— those estimates).’’;
(i) PROPOSED COVERED CONSENT DECREES.— ‘‘(i) IN GENERAL.—The Commission may ex- (3) by redesignating subsections (c) and (d)
For a proposed covered consent decree, a tend an applicable deadline under subpara- as subsections (b) and (c), respectively;
court shall not approve the covered consent graph (A) by not longer than an additional 30 (4) in subsection (b) (as so redesignated)—
decree unless the proposed covered consent days, if the head of the affected Federal de- (A) by striking the subsection designation
decree allows sufficient time and incor- partment or agency demonstrates that— and all that follows through ‘‘No depart-
porates adequate procedures for the agency ‘‘(I) the process of determining whether to ment’’ in the first sentence and inserting the
to comply with chapter 5 of title 5, United approve or deny the applicable license, per- following:
States Code, and other applicable statutes mit, or other approval cannot be completed ‘‘(b) REQUIREMENT OF CONFORMITY FOR FED-
that govern rulemaking and, unless contrary by the applicable deadline; and ERAL ASSISTANCE.—
to the public interest, the provisions of any ‘‘(II) the department or agency therefore ‘‘(1) LIMITATIONS.—
Executive order that governs rulemaking. will be compelled to deny the license, per- ‘‘(A) FEDERAL AGENCIES.—No department’’;
(ii) PROPOSED COVERED SETTLEMENT AGREE- mit, or approval. (B) in paragraph (1)(A) (as so redesig-
MENTS.—For a proposed covered settlement ‘‘(ii) TECHNICAL ASSISTANCE.—In providing nated)—
agreement, a court shall ensure that the cov- an extension under this subparagraph, the (i) in the first sentence, by striking ‘‘it
ered settlement agreement allows sufficient Commission may offer to the affected Fed- has’’ and inserting ‘‘the implementation plan
time and incorporates adequate procedures eral department or agency such technical as- has’’;
for the agency to comply with chapter 5 of sistance as is necessary to address any condi- (ii) in the third sentence, by striking ‘‘The
title 5, United States Code, and other appli- tion preventing the completion of the review assurance of conformity to such an imple-
cable statutes that govern rulemaking and, of the application for the license, permit, or mentation plan’’ and inserting the following:
unless contrary to the public interest, the other approval. ‘‘(C) RESPONSIBILITY FOR ASSURANCE.—The
provisions of any Executive order that gov- ‘‘(C) FAILURE TO ACT.—If a Federal depart- assurance of conformity to an implementa-
erns rulemaking. ment or agency described in subparagraph tion plan approved or promulgated under
Subtitle C—Natural Gas Pipeline Permitting (A) fails to approve or deny a license, permit, section 110’’; and
Efficiency or other approval by the deadline under sub- (iii) in the second sentence, by striking
SEC. 71231. REGULATORY APPROVAL OF NAT- paragraph (A) or (B), as applicable— ‘‘No metropolitan’’ and inserting the fol-
URAL GAS PIPELINE PROJECTS. ‘‘(i) the license, permit, or approval shall lowing:
Section 7 of the Natural Gas Act (15 U.S.C. take effect on the date that is 30 days after ‘‘(B) METROPOLITAN PLANNING ORGANIZA-
717f) is amended— the expiration of the deadline; and TIONS.—No metropolitan’’;
(1) in subsection (d)— ‘‘(ii) the Commission shall incorporate into (C) in paragraph (2)—
(A) by striking ‘‘(d) Application for certifi- the terms of the license, permit, or approval (i) in subparagraph (A), by striking ‘‘of
cates’’ and inserting the following: any conditions proffered by the Federal de- paragraph (1)(B)’’ and inserting ‘‘described in
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‘‘(d) APPLICATION REQUIREMENTS.— partment or agency that the Commission subsection (a)(1)(B)’’;
‘‘(1) IN GENERAL.—An application for a cer- does not determine to be inconsistent with (ii) in subparagraph (C)—
tificate of public convenience and necessity any relevant environmental document.’’. (I) in clause (i), by striking ‘‘(i) such a
under this section’’; and SEC. 71232. RIGHTS-OF-WAY FOR PUBLIC UTILI- project’’ and inserting the following:
(B) by adding at the end the following: TIES. ‘‘(II)(aa) the project’’;
‘‘(2) USE OF AERIAL SURVEY DATA TO SATISFY Section 100902(a)(1)(A) of title 54, United (II) in clause (ii), by striking ‘‘(ii) the de-
PRELIMINARY REQUIREMENTS.—A natural-gas States Code, is amended by striking ‘‘and sign’’ and inserting the following:
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5733
‘‘(bb) the design’’; ‘‘(i) IN GENERAL.—Subject to clause (ii), the (2) provide to the Administrators rec-
(III) in clause (iii), by striking ‘‘(iii) the de- Administrator’’; and ommendations for transportation conformity
sign’’ and inserting the following: (II) by adding at the end the following: policy, including suggested legislative and
‘‘(cc) the design’’; and ‘‘(ii) REQUIREMENTS.—The criteria and pro- regulatory changes relating to transpor-
(IV) in the matter preceding clause (i), by cedures promulgated pursuant to clause (i) tation planning and air quality.
striking ‘‘only if it meets either the require- shall— Subtitle E—Increasing State Authority and
ments of subparagraph (D) or the following ‘‘(I) be based on the most recently issued Collaboration in Reviewing Transportation
requirements’’ and inserting the following: national ambient air quality standard for Projects
‘‘only if— each applicable criteria pollutant; and
‘‘(II) establish that conformity in the case SEC. 71251. FEDERAL-STATE PROJECT AGREE-
‘‘(I) the transportation project achieves MENTS.
compliance with all applicable requirements of transportation plans, programs, and
projects shall not be required— Section 106(b) of title 23, United States
of clause (iv); or’’;
‘‘(aa) in any area designated under this Act Code, is amended by adding at the end the
(iii) in subparagraph (D), by striking ‘‘sub-
as a marginal nonattainment or attainment- following:
paragraph (C)’’ and inserting ‘‘clause (iii)’’;
maintenance area; and ‘‘(3) NO FEDERAL APPROVAL FOR CERTAIN AC-
(iv) in subparagraph (E)—
‘‘(bb) with respect to any area that is not TIVITIES.—
(I) in clause (ii), by striking ‘‘clause (i)’’
an area described in item (aa), until the date ‘‘(A) IN GENERAL.—Notwithstanding any
and inserting ‘‘subclause (I)’’; and
that is 180 days after the date on which the other provision of law (including regula-
(II) by redesignating clauses (i) through
Administrator approves the motor vehicle tions), no approval of the Secretary shall be
(iii) as subclauses (I) through (III), respec-
emissions budget contained in the State im- required under this section for any project
tively, and indenting the subclauses appro-
plementation plan applicable to the relevant described in subparagraph (B), subject to the
priately;
transportation plan, program, or project.’’; condition that the project shall be carried
(v) by redesignating subparagraphs (A)
(ii) in subparagraph (D)— out in accordance with all other applicable
through (E) as clauses (i) through (v), respec-
(I) in clause (ii)— requirements under this title and title 49.
tively, and indenting the clauses appro-
(aa) in subclause (II), by striking ‘‘para- ‘‘(B) DESCRIPTION OF PROJECTS.—A project
priately; and
graph (2)(E)’’ and inserting ‘‘paragraph referred to in subparagraph (A) is any
(vi) in the matter preceding clause (i) (as (2)(C)(v)’’; and project—
so redesignated)— (bb) by indenting subclauses (I) and (II) ap- ‘‘(i) carried out under—
(I) in the third sentence, by striking ‘‘In propriately; ‘‘(I) a stewardship and oversight agree-
particular—’’ and inserting the following: (II) by indenting clauses (i) through (iii) ment; or
‘‘(C) ADDITIONAL REQUIREMENTS.—The addi- appropriately; and ‘‘(II) any other agreement under this sec-
tional requirements referred to in subpara- (III) by striking ‘‘(D) The’’ and inserting tion; and
graph (B)(i)(II) are that—’’; the following: ‘‘(ii) relating to—
(II) in the second sentence— ‘‘(D) MINIMUM REQUIREMENTS.—The’’; and ‘‘(I) the standard specifications of the ap-
(aa) by striking ‘‘been found to conform to (iii) in subparagraph (F), by striking ‘‘(F) plicable State transportation department;
any applicable implementation plan in effect Compliance’’ and inserting the following: ‘‘(II) the pavement design policy of the
under this Act.’’ and inserting the following: ‘‘(F) TRAFFIC SIGNAL SYNCHRONIZATION State transportation department;
‘‘been determined— PROJECTS.—Compliance’’; ‘‘(III) any value engineering policies or
‘‘(I) to conform to an applicable implemen- (F) by striking paragraphs (5) and (6); procedures of the State transportation de-
tation plan in effect under this Act (as deter- (G) by redesignating paragraphs (7) partment;
mined in accordance with paragraph (4)(B)); through (9) as paragraphs (5) through (7), re- ‘‘(IV) liquidated damage rates;
and spectively; ‘‘(V) a quality assurance program of the
‘‘(II) to achieve compliance with all appli- (H) in subparagraph (A) of paragraph (5) (as State transportation department; or
cable additional requirements described in so redesignated), by striking ‘‘Each’’ and in- ‘‘(VI) such other matter as the Secretary,
subparagraph (C).’’; and serting ‘‘Subject to paragraph (2)(B)(ii)(II), in consultation with State transportation
(bb) by striking ‘‘No Federal’’ and insert- each’’; departments, determines to be appropriate.’’.
ing the following: (I) in paragraph (7) (as so redesignated), by SEC. 71252. PROJECT APPROVAL AND OVERSIGHT
‘‘(B) CONFORMITY REQUIRED.— striking ‘‘If’’ and inserting the following: FOR HIGH RISK PROJECTS.
‘‘(i) IN GENERAL.—Subject to clause (ii), no ‘‘(A) DEFINITION OF LAPSE.—In this para-
Federal’’; Section 106(c)(4) of title 23, United States
graph, the term ‘lapse’, with respect to a Code, is amended—
(III) in the first sentence, by striking ‘‘(2) conformity determination for a transpor-
Any’’ and inserting the following: (1) in subparagraph (A)—
tation plan or transportation improvement (A) by striking ‘‘shall not assign any re-
‘‘(2) TRANSPORTATION CONFORMITY.— program, means that—
‘‘(A) IN GENERAL.—Each’’; and sponsibilities to a State for projects’’ and in-
‘‘(i) the conformity determination has ex- serting ‘‘may assign to a State responsibility
(IV) in subparagraph (B) (as designated by pired; and
subclause (II)(bb)), by adding at the end the for a project in the State that’’; and
‘‘(ii) as a result of that expiration, no cur- (B) by inserting ‘‘, subject to the require-
following: rently conforming transportation plan or
‘‘(ii) APPLICABILITY.—The requirement de- ment that the project shall be carried out in
transportation improvement program exists. accordance with all applicable requirements
scribed in clause (i) shall not apply— ‘‘(B) LAPSES.—If’’; and
‘‘(I) to a transportation plan, program, or of an agreement between the Secretary and
(J) by striking paragraph (10); and the State under this section’’ before the pe-
project carried out in an area designated (5) in subsection (c) (as redesignated by
under this Act as a marginal nonattainment riod at the end; and
paragraph (3))— (2) in subparagraph (B), by striking ‘‘The
or attainment-maintenance area; and (A) in the second sentence, by striking
‘‘(II) in an area that is not an area de- Secretary may define the high risk cat-
‘‘This paragraph extends to, but is not lim- egories under this subparagraph on’’ and in-
scribed in subclause (I), until the date that is ited to,’’ and inserting the following:
180 days after the date on which the Admin- serting the following: ‘‘For purposes of sub-
‘‘(2) APPLICABILITY.—The authority de- paragraph (A), the Secretary—
istrator approves the motor vehicle emis- scribed in paragraph (1) includes any’’; and
sions budget contained in the State imple- ‘‘(A) shall establish high risk categories in
(B) by striking the subsection designation collaboration with State transportation de-
mentation plan applicable to the relevant and all that follows through ‘‘Federal Gov-
transportation plan, program, or project.’’; partments; and
ernment’’ and inserting the following: ‘‘(B) may define the categories on’’.
(D) in paragraph (3)— ‘‘(c) PRIORITY.—
(i) in subparagraph (A)— SEC. 71253. ADVANCE ACQUISITION OF REAL
‘‘(1) REQUIREMENT.—Each Federal depart- PROPERTY.
(I) in clause (i), by adding ‘‘and’’ after the ment, agency, and instrumentality’’.
semicolon at the end; and SEC. 71242. STUDY ON TRANSPORTATION AIR
Section 108 of title 23, United States Code,
(II) by striking clause (iii); and QUALITY CONFORMITY UNDER is amended—
(ii) in subparagraph (B)— CLEAN AIR ACT. (1) in subsection (a)(1), by striking ‘‘may
(I) in clause (i), by striking ‘‘enactment; The Administrators of the Environmental make’’ and inserting ‘‘shall make’’;
and’’ and all that follows through the end of Protection Agency, the Federal Highway Ad- (2) in subsection (b), by striking ‘‘(b) Fed-
the undesignated matter following clause (ii) ministration, and the Federal Transit Ad- eral’’ and inserting the following:
and inserting ‘‘enactment.’’; and ministration shall jointly enter into an ar- ‘‘(b) MAXIMUM PARTICIPATION.—Federal’’;
(II) in the matter preceding clause (i), by rangement with the National Academy of (3) in subsection (c)(3)—
dlhill on DSK120RN23PROD with SENATE
striking ‘‘projects—’’ and all that follows Sciences under which the Academy shall— (A) in the matter preceding subparagraph
through ‘‘come from’’ in clause (i) and in- (1) conduct a study relating to transpor- (A), by striking ‘‘State demonstrates to the
serting ‘‘projects are carried out under’’; tation air quality conformity to evaluate the Secretary and the Secretary finds’’ and in-
(E) in paragraph (4)— effectiveness of the conformity requirements serting ‘‘State ensures’’;
(i) in subparagraph (B)— under section 176 of the Clean Air Act (42 (B) in subparagraph (F)—
(I) by striking ‘‘The Administrator’’ and U.S.C. 7506) (as amended by section 71241); (i) by inserting ‘‘of 1969 (42 U.S.C. 4321 et
inserting the following: and seq.)’’ after ‘‘Policy Act’’;
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S5734 CONGRESSIONAL RECORD — SENATE August 3, 2021
(ii) by striking ‘‘this Act’’ and inserting (2) in subsection (e), by striking ‘‘Sec- On page 1037, lines 16 through 19, strike ‘‘If
‘‘the Intermodal Surface Transportation Ef- retary may permit a State transportation the Secretary determines that a final rule is
ficiency Act of 1991 (Public Law 102–240; 105 department to approve the report’’ and in- appropriate consistent with the consider-
Stat. 1914)’’; and serting ‘‘Secretary, on receipt of a request ations described in section 30111(b) of title 49,
(iii) by inserting ‘‘of 1973 (16 U.S.C. 1531 et from an affected State transportation de- United States Code, in’’ and insert ‘‘In’’.
seq.)’’ after ‘‘Species Act’’; and partment, shall transfer to the State trans-
(C) in subparagraph (G), by striking ‘‘the portation department in accordance with SA 2308. Mr. MARKEY (for himself
Secretary’’ and inserting ‘‘the State’’; and subsection (a)(1)(B) the sole authority to ap- and Mr. BLUMENTHAL) submitted an
(4) in subsection (d)— prove the addition of the applicable point of amendment intended to be proposed to
(A) in paragraph (2)— access to, or exit from, a relevant project on amendment SA 2137 proposed by Mr.
(i) by striking ‘‘a State’’ each place it ap- the Interstate System on approval by the SCHUMER (for Ms. SINEMA (for herself,
pears and inserting ‘‘the State’’; and State transportation department of the re- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(ii) by striking ‘‘The Secretary may’’ and port’’. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
inserting ‘‘On receipt of a request from a
State, the Secretary shall’’; SA 2305. Mr. RISCH submitted an TESTER, Ms. MURKOWSKI, Mr. WARNER,
(B) in paragraph (3), in the matter pre- amendment intended to be proposed to and Mr. ROMNEY)) to the bill H.R. 3684,
ceding subparagraph (A), by striking ‘‘, with amendment SA 2137 proposed by Mr. to authorize funds for Federal-aid high-
concurrence by the Secretary,’’; and SCHUMER (for Ms. SINEMA (for herself, ways, highway safety programs, and
(C) in paragraph (7)—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- transit programs, and for other pur-
(i) by striking ‘‘If’’ and inserting the fol- poses; which was ordered to lie on the
lowing: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
TESTER, Ms. MURKOWSKI, Mr. WARNER, table; as follows:
‘‘(A) IN GENERAL.—Subject to subparagraph
On page 1046, strike lines 4 through 25 and
(B), if’’; and and Mr. ROMNEY)) to the bill H.R. 3684,
insert the following:
(ii) by adding at the end the following: to authorize funds for Federal-aid high- (1) RULEMAKING.—
‘‘(B) EXTENSION.—On receipt of a request ways, highway safety programs, and (A) IN GENERAL.—Not later than 2 years
from a State, the Secretary shall delay the transit programs, and for other pur- after the date of completion of the research
effective date of the offset against the appor- poses; which was ordered to lie on the under subsection (a), the Secretary shall
tionment of the State described in subpara-
graph (A) for such period as the Secretary
table; as follows: issue a final rule requiring all new passenger
In section 40106(a)(2) of division D, in the motor vehicles with a gross vehicle weight
determines to be appropriate, in accordance
matter preceding subparagraph (A), strike rating of less than 10,000 pounds to be
with applicable law (including regula-
‘‘than—’’ and all that follows through the pe- equipped with a driver monitoring system
tions).’’.
riod at the end of subparagraph (B) and in- described in that subsection.
SEC. 71254. AGREEMENTS RELATING TO USE OF,
AND ACCESS TO, RIGHTS-OF-WAY ON sert ‘‘than 500 kilovolts.’’. (B) DEADLINE.—The rule under subpara-
INTERSTATE SYSTEM. In section 40106(a)(4)(A) of division D, graph (A) shall take effect on September 1 of
Section 111 of title 23, United States Code, strike ‘‘or replace an existing’’. the first calendar year beginning after the
is amended— In section 40106(d)(4)(A) of division D, date on which the Secretary issues the rule.
(1) in subsection (a)— strike clause (i) and insert the following:
(A) in the fourth sentence— (i) from the eligible entities that directly SA 2309. Mr. MARKEY submitted an
(i) by striking ‘‘Nothing’’ and inserting the received the services provided by the facili- amendment intended to be proposed to
following: tation activities under subsection (e)(1); or amendment SA 2137 proposed by Mr.
‘‘(4) EFFECT OF SECTION.—Nothing’’; SCHUMER (for Ms. SINEMA (for herself,
(ii) by striking ‘‘Interstate System (1) if SA 2306. Mr. MARKEY (for himself Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
such establishment (A) was’’ and inserting and Mr. BLUMENTHAL) submitted an SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
the following: ‘‘Interstate System, if— amendment intended to be proposed to TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘(A) the establishment— amendment SA 2137 proposed by Mr. and Mr. ROMNEY)) to the bill H.R. 3684,
‘‘(i) was’’; SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high-
(iii) by striking ‘‘1960, (B) is owned by a Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
State, and (C) is’’ and inserting the fol- ways, highway safety programs, and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. transit programs, and for other pur-
lowing: ‘‘1960;
TESTER, Ms. MURKOWSKI, Mr. WARNER, poses; which was ordered to lie on the
‘‘(ii) is owned by a State; and
‘‘(iii) is’’; and and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows:
(iv) by striking ‘‘otherwise, and (2) if all’’ to authorize funds for Federal-aid high- Strike section 11515.
and inserting the following: ‘‘otherwise; and ways, highway safety programs, and
‘‘(B) all’’; transit programs, and for other pur- SA 2310. Mr. MARKEY submitted an
(B) in the third sentence, by striking poses; which was ordered to lie on the amendment intended to be proposed to
‘‘Such agreements may, however,’’ and in- table; as follows: amendment SA 2137 proposed by Mr.
serting the following: At the end of section 24216, add the fol- SCHUMER (for Ms. SINEMA (for herself,
‘‘(3) USE OF AIRSPACE.—An agreement de- lowing: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
scribed in paragraph (1)(A) may’’; (c) RULEMAKING.—Not later than 2 years SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(C) in the second sentence, by striking after the date on which the Administrator of
‘‘Such agreements shall also contain a clause TESTER, Ms. MURKOWSKI, Mr. WARNER,
the National Highway Traffic Safety Admin-
providing’’ and inserting the following: and Mr. ROMNEY)) to the bill H.R. 3684,
istration completes the study under sub-
‘‘(2) AUTOMOTIVE SERVICE STATIONS.—An section (b)(1), the Administrator shall issue a to authorize funds for Federal-aid high-
agreement described in paragraph (1)(A) final rule to enhance the use by the National ways, highway safety programs, and
shall include a requirement’’; Highway Traffic Safety Administration of transit programs, and for other pur-
(D) by striking the subsection designation early warning reporting data to enhance poses; which was ordered to lie on the
and heading and all that follows through safety. table; as follows:
‘‘All agreements between the Secretary and
In section 11514, strike subsection (d).
the’’ in the first sentence and inserting the SA 2307. Mr. MARKEY (for himself
following: and Mr. BLUMENTHAL) submitted an SA 2311. Ms. DUCKWORTH (for her-
‘‘(a) REQUIREMENTS FOR AGREEMENTS.—
amendment intended to be proposed to self and Ms. LUMMIS) submitted an
‘‘(1) POINTS OF ACCESS AND EXIT.—
‘‘(A) IN GENERAL.—Except as provided in amendment SA 2137 proposed by Mr. amendment intended to be proposed to
subparagraph (B), each agreement between SCHUMER (for Ms. SINEMA (for herself, amendment SA 2137 proposed by Mr.
the Secretary and a’’; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SCHUMER (for Ms. SINEMA (for herself,
(E) in paragraph (1) (as so redesignated), by SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
adding at the end the following: TESTER, Ms. MURKOWSKI, Mr. WARNER, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(B) TRANSFER OF AUTHORITY TO STATES.— and Mr. ROMNEY)) to the bill H.R. 3684, TESTER, Ms. MURKOWSKI, Mr. WARNER,
On receipt of a request from a State trans- to authorize funds for Federal-aid high- and Mr. ROMNEY)) to the bill H.R. 3684,
portation department, the Secretary shall to authorize funds for Federal-aid high-
ways, highway safety programs, and
dlhill on DSK120RN23PROD with SENATE
transfer to the State transportation depart-
ment the sole authority to approve the addi- transit programs, and for other pur- ways, highway safety programs, and
tion of a point of access to, or exit from, an poses; which was ordered to lie on the transit programs, and for other pur-
applicable project on the Interstate System table; as follows: poses; which was ordered to lie on the
on approval by the State transportation de- On page 1037, lines 13 and 14, strike ‘‘an ad- table; as follows:
partment of a justification report under sub- vanced notice of proposed rulemaking’’ and At the appropriate place in title III of divi-
section (e).’’; and insert ‘‘a final rule’’. sion B, insert the following:
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5735
SEC. 230ll. UNIVERSAL ELECTRONIC VEHICLE (B) political subdivision of State, local, or erations taking place in the relevant region
IDENTIFIER. Tribal governments in its region or geo- or jurisdiction.
Not later than 2 years after the date of en- graphic area; or (6) LOW-VOLUME OPERATIONS.—The term
actment of this Act, the Secretary shall (C) not-for-profit research institution or ‘‘low-volume operations’’ means under 100 si-
issue a final motor vehicle safety standard institution of higher education with relevant multaneous advanced air mobility oper-
that requires a commercial motor vehicle experience working with industry on new ations taking place in the relevant region or
manufactured after the effective date of such technology and commercialization. jurisdiction.
standard to be equipped with a universal (3) MINIMUM ALLOCATION TO RURAL AREAS.— (7) MEDIUM-VOLUME OPERATIONS.—The term
electronic vehicle identifier that provides a The Secretary shall ensure that at least 20 ‘‘medium-volume operations’’ means more
single point of data, such as the Vehicle percent of amounts made available under than 100, but less than 1,000, simultaneous
Identification Number, that— subsection (c) are used to award grants to el- advanced air mobility operations taking
(1) identifies the vehicle for compliance, igible entities located in a rural area. place in the relevant region or jurisdiction.
inspection, or enforcement purposes; (4) REQUIRED REPORT.— (8) SECRETARY.—The term ‘‘Secretary’’
(2) does not transmit personally identifi- (A) IN GENERAL.—Not later than 1 year means the Secretary of Transportation.
able information regarding operators; and after an eligible entity is awarded a grant (9) VERTIPORT.—The term ‘‘vertiport’’
(3) does not create an undue cost burden under this section, the eligible entity shall means a landing and takeoff site that sup-
for operators and carriers. submit to the Secretary and the Adminis- ports advanced air mobility operations.
trator a report that includes— (c) AUTHORIZATION OF APPROPRIATIONS.—
SA 2312. Mr. COONS (for himself, Ms. (i) recommendations for methods to ensure There is authorized to be appropriated to the
MURKOWSKI, and Mr. MENENDEZ) sub- that advanced air mobility equitably con- Administrator to carry out this section
mitted an amendment intended to be nects users to existing transportation infra- $12,500,000 for each of fiscal years 2022 and
proposed to amendment SA 2137 pro- structure, including multi-modal transpor- 2023.
posed by Mr. SCHUMER (for Ms. SINEMA tation centers, without compromising safety
(for herself, Mr. PORTMAN, Mr. and efficiency of other facilities and airspace SA 2314. Mr. PADILLA (for himself,
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, users; Mr. BOOKER, and Mr. MARKEY) sub-
Ms. COLLINS, Mr. TESTER, Ms. MUR- (ii) a description of potential takeoff and mitted an amendment intended to be
landing locations at existing airports and proposed to amendment SA 2137 pro-
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
heliports for low-, medium-, and high-volume posed by Mr. SCHUMER (for Ms. SINEMA
to the bill H.R. 3684, to authorize funds operations;
for Federal-aid highways, highway (for herself, Mr. PORTMAN, Mr.
(iii) a description of potential takeoff and MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
safety programs, and transit programs, landing locations at new vertiports for
and for other purposes; which was or- low-, medium-, and high-volume operations;
Ms. COLLINS, Mr. TESTER, Ms. MUR-
(iv) a plan for electric charging and other KOWSKI, Mr. WARNER, and Mr. ROMNEY))
dered to lie on the table; as follows:
fueling infrastructure; to the bill H.R. 3684, to authorize funds
On page 2683, line 20, strike
‘‘$10,250,000,000’’ and insert ‘‘$11,500,000,000’’. (v) a plan for community engagement, in- for Federal-aid highways, highway
On page 2683, line 21, strike ‘‘$2,050,000,000’’ cluding consideration of the noise impact on safety programs, and transit programs,
and insert ‘‘$2,300,000,000’’. communities; and for other purposes; which was or-
On page 2683, line 23, strike ‘‘$2,050,000,000’’ (vi) recommendations for any zoning and dered to lie on the table; as follows:
and insert ‘‘$2,300,000,000’’. permitting changes that would be necessary Beginning on page 126, strike line 17 and
On page 2683, line 25, strike ‘‘$2,050,000,000’’ to implement advanced air mobility; all that follows through page 127, line 3, and
and insert ‘‘$2,300,000,000’’. (vii) recommendations for any regional or insert the following:
On page 2684, line 1, strike ‘‘$2,050,000,000’’ national infrastructure improvements that a national ambient air quality standard;
and insert ‘‘$2,300,000,000’’. may be necessary to enable advanced air mo- ‘‘(11) if the project is on a marine highway
On page 2684, line 3, strike ‘‘$2,050,000,000’’ bility; and corridor, connector, or crossing designated
and insert ‘‘$2,300,000,000’’. (viii) other items determined appropriate
On page 2684, line 24, strike ‘‘and’’. by the Secretary under section 55601(c) of
by the Secretary. title 46 (including an inland waterway cor-
On page 2685, line 4, strike the colon and (B) PUBLIC AVAILABILITY OF REPORT.—Each
insert ‘‘; and’’. ridor, connector, or crossing) that—
report submitted under subparagraph (A) ‘‘(A) is functionally connected to the Fed-
On page 2685, between lines 4 and 5, insert
shall be made available on a public internet eral-aid highway system; and
the following:
website managed by the Administrator. ‘‘(B) the Secretary determines is likely to
(4) $1,250,000,000 shall be to carry out pas- (b) DEFINITIONS.—In this section:
senger ferry grants under section 5307(h) of contribute to the attainment or mainte-
(1) ADMINISTRATOR.—The term ‘‘Adminis-
title 49, United States Code: nance of a national ambient air quality
trator’’ means the Administrator of the Fed-
standard; or
eral Aviation Administration.
SA 2313. Mr. PADILLA (for himself ‘‘(12) the project or program of projects in-
(2) ADVANCED AIR MOBILITY.—The term ‘‘ad-
and Mr. MORAN) submitted an amend- vanced air mobility’’ means an air transpor-
volves the deployment of hyperlocal air
ment intended to be proposed to quality mobile monitoring systems pri-
tation system that moves people and cargo
amendment SA 2137 proposed by Mr. marily to monitor transportation-related
between places using innovative aircraft de-
SCHUMER (for Ms. SINEMA (for herself, emissions.’’;
signs (such as vertical take-off and landing On page 130, strike lines 12 and 13 and in-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (VTOL) and new technologies (such as elec- sert the following
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. tric or hybrid (fuel and electric) driven pro- ‘‘(ii) an urbanized area with a population of
TESTER, Ms. MURKOWSKI, Mr. WARNER, pulsion), which are integrated into existing 200,000 or fewer.
and Mr. ROMNEY)) to the bill H.R. 3684, airspace operation as well as operated in ‘‘(n) DEFINITION OF HYPERLOCAL AIR QUAL-
local, regional, interregional, rural, and ITY MOBILE MONITORING SYSTEM.—In this sec-
to authorize funds for Federal-aid high-
urban environment, and which may include tion, the term ‘hyperlocal air quality mobile
ways, highway safety programs, and remotely piloted or autonomous aircraft. monitoring system’ means a method of mon-
transit programs, and for other pur- (3) ADVANCED PROPULSION.—The term ‘‘ad- itoring and mapping ambient air quality and
poses; which was ordered to lie on the vanced propulsion’’ means powered by elec- greenhouse gases and detecting the presence
table; as follows: tric, hydrogen, hybrid technology, or other of pollutants using mobile vehicles that—
At the appropriate place in division I, in- propulsion technology, as defined by the Sec- ‘‘(1) yields frequently repeated, ongoing
sert the following: retary. measurements of pollutants and greenhouse
SEC. ll. ADVANCED AIR MOBILITY PLANNING (4) ELIGIBLE ENTITY.—The term ‘‘eligible gases at a block-level of resolution; and
GRANT PROGRAM. entity’’ means— ‘‘(2) identifies hotspots of persistent ele-
(a) GRANTS.— (A) a State; vated levels of pollutants and greenhouse
(1) IN GENERAL.—The Secretary is author- (B) a unit of local government; gases.’’.
ized to establish a program under which the (C) a metropolitan planning organization;
Secretary awards planning grants to eligible (D) a Tribal government; SA 2315. Mr. PADILLA (for himself
entities to develop a comprehensive plan for (E) a political subdivision of a State or and Mr. CORNYN) submitted an amend-
the infrastructure that may be necessary to local government; ment intended to be proposed to
integrate advanced air mobility solutions (F) a special purpose district or a public amendment SA 2137 proposed by Mr.
into the National Airspace System. authority with a transportation function, in- SCHUMER (for Ms. SINEMA (for herself,
dlhill on DSK120RN23PROD with SENATE
(2) PRIORITY.—In awarding grants under cluding airport sponsors and port authori-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
this section, the Secretary shall give pri- ties; and
ority to grant applications where an eligible (G) a group of entities described in sub- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
entity partners with at least one other— paragraphs (A) through (F). TESTER, Ms. MURKOWSKI, Mr. WARNER,
(A) transit agency, port authority, airport (5) HIGH-VOLUME OPERATIONS.—The term and Mr. ROMNEY)) to the bill H.R. 3684,
sponsor, or metropolitan planning organiza- ‘‘high-volume operations’’ means more than to authorize funds for Federal-aid high-
tion; 1,000 simultaneous advanced air mobility op- ways, highway safety programs, and
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S5736 CONGRESSIONAL RECORD — SENATE August 3, 2021
transit programs, and for other pur- amendment SA 2137 proposed by Mr. TITLE XII—FLEXIBLE FINANCING FOR
poses; which was ordered to lie on the SCHUMER (for Ms. SINEMA (for herself, RURAL UTILITIES
table; as follows: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SEC. 71201. LOAN ADJUSTMENTS FOR CRITICAL
RURAL UTILITY SERVICE PRO-
In section 11101(b)(1), add at the end the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. VIDERS.
following: TESTER, Ms. MURKOWSKI, Mr. WARNER, (a) IN GENERAL.—Not later than 180 days
(H) NATIONAL SCENIC BYWAYS PROGRAM.— and Mr. ROMNEY)) to the bill H.R. 3684, after the date of enactment of this Act, the
For the national scenic byways program to authorize funds for Federal-aid high- borrower of a qualified loan described in sub-
under section 162 of title 23, United States ways, highway safety programs, and section (b) may submit to the Secretary of
Code— Agriculture (referred to in this section as the
(i) $55,000,000 for fiscal year 2022;
transit programs, and for other pur-
‘‘Secretary’’) a request to adjust the interest
(ii) $60,000,000 for fiscal year 2023; poses; which was ordered to lie on the rate or modify any other term of the quali-
(iii) $65,000,000 for fiscal year 2024; table; as follows: fied loan, which shall include a report sum-
(iv) $70,000,000 for fiscal year 2025; and At the appropriate place in division H, in- marizing how the adjustment or modifica-
(v) $75,000,000 for fiscal year 2026. sert the following: tion will assist the borrower in providing
SEC. ll. ELECTIVE PAYMENT FOR CARBON
critical utility services to a rural commu-
SA 2316. Mr. PADILLA submitted an OXIDE SEQUESTRATION. nity.
amendment intended to be proposed to (b) QUALIFIED LOAN DESCRIBED.—A quali-
(a) IN GENERAL.—Subchapter B of chapter fied loan referred to in subsection (a) is a
amendment SA 2137 proposed by Mr. 65 of the Internal Revenue Code of 1986 is loan made or guaranteed on or before the
SCHUMER (for Ms. SINEMA (for herself, amended by adding at the end the following date of enactment of this Act under—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- new section: (1) section 4, 201, 305, 306, or 601 of the
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘SEC. 6431. ELECTIVE PAYMENT FOR CARBON Rural Electrification Act of 1936 (7 U.S.C.
TESTER, Ms. MURKOWSKI, Mr. WARNER, OXIDE SEQUESTRATION. 904, 922, 935, 936, 950bb); or
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(a) ENERGY PROPERTY.—In the case of a (2) the program carried out under the mat-
to authorize funds for Federal-aid high- taxpayer making an election (at such time ter under the heading ‘‘DISTANCE LEARNING,
ways, highway safety programs, and and in such manner as the Secretary may TELEMEDICINE, AND BROADBAND PROGRAM’’ in
provide) under this section with respect to title I of division A of the American Recov-
transit programs, and for other pur-
any portion of a carbon oxide sequestration ery and Reinvestment Act of 2009 (Public
poses; which was ordered to lie on the Law 111–5; 123 Stat. 118) (commonly known as
table; as follows: credit which would (without regard to this
section) be determined under section 45Q the ‘‘Broadband Initiatives Program’’).
Beginning on page 638, strike line 25 and with respect to such taxpayer, such taxpayer (c) ADJUSTMENT OF INTEREST RATE; MODI-
all that follows through page 639, line 1, and FICATION OF LOAN TERMS.—
shall be treated as making a payment
insert the following: (1) IN GENERAL.—On receipt by the Sec-
against the tax imposed by subtitle A for the
scribed in subsection (b)(2); retary of a request made under subsection (a)
taxable year equal to the amount of such
‘‘(H) a project or series of projects to re- with respect to a loan, the Secretary, or the
portion.
duce transportation emissions (including as- Secretary of the Treasury in the case of a
‘‘(b) TIMING.—The payment described in loan owned by the Federal Financing Bank—
sociated infrastructure improvements to
subsection (a) shall be treated as made on (A) in the case of a request for an interest
support infill development and transit-ori-
the later of the due date of the return of tax rate adjustment, shall adjust the interest
ented development and to increase non-
for such taxable year or the date on which rate on the loan to the cost of funds to the
motorized trips), subject to the conditions
such return is filed. Department of the Treasury for obligations
that—
‘‘(i) the project or series of projects shall ‘‘(c) EXCLUSION FROM GROSS INCOME.— of comparable maturity to the term remain-
directly improve the efficiency of existing Gross income of the taxpayer shall be deter- ing on the outstanding balance of the loan or
surface transportation infrastructure, as de- mined without regard to this section. other such higher rate as the borrower may
termined by the Secretary; and ‘‘(d) DENIAL OF DOUBLE BENEFIT.—Solely request; and
‘‘(ii) the Federal share of the project or se- for purposes of section 38, in the case of a (B) in the case of a request for a modifica-
ries of projects shall be used to fund only the taxpayer making an election under this sec- tion to a loan term other than the adjust-
elements of the project or series that provide tion, the carbon oxide sequestration credit ment described in subparagraph (A), may use
public benefits; and determined under section 45Q shall be re- the authorities provided in sections 2, 201,
‘‘(I) any other surface transportation in- duced by the amount of the portion of such 306C and 703 of the Rural Electrification Act
credit with respect to which the taxpayer of 1936 (7 U.S.C. 902, 922, 936c, 950cc–2) and
SA 2317. Mr. HOEVEN submitted an makes such election.’’. section 331(b)(4) of the Consolidated Farm
amendment intended to be proposed to (b) SPECIAL RULE FOR PROCEEDS OF TRANS- and Rural Development Act (7 U.S.C.
FERS FOR MUTUAL OR COOPERATIVE ELECTRIC 1981(b)(4)) to make such other modifications
amendment SA 2137 proposed by Mr. to the loan terms that the Secretary, in con-
SCHUMER (for Ms. SINEMA (for herself, COMPANIES.—Section 501(c)(12)(I) of the In-
ternal Revenue Code of 1986 is amended by sultation with the Secretary of the Treasury
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- in the case of a loan owned by the Federal
inserting ‘‘or 6431(a)’’ after ‘‘section
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. 45J(e)(1)’’. Financing Bank, determines are necessary—
TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) to address changes in the financial posi-
(c) CLERICAL AMENDMENT.—The table of
and Mr. ROMNEY)) to the bill H.R. 3684, tion of the borrower due to the public health
sections for subchapter B of chapter 65 of
to authorize funds for Federal-aid high- emergency declared by the Secretary of
such Code is amended by adding at the end
Health and Human Services under section 319
ways, highway safety programs, and the following new item: of the Public Health Service Act (42 U.S.C.
transit programs, and for other pur- ‘‘Sec. 6431. Elective payment for carbon 247d) on January 31, 2020, with respect to
poses; which was ordered to lie on the oxide sequestration.’’. COVID–19 (or any renewal of that declara-
table; as follows: (d) EFFECTIVE DATE.—The amendments tion); and
At the appropriate place, insert the fol- made by this section shall apply to taxable (ii) to promote the financial sustainability
lowing: years beginning after the date of enactment of the borrower.
SEC. ll. RESCISSION OF UNOBLIGATED AMER- of this Act. (2) EFFECTIVE DATE.—An adjustment or
ICAN RESCUE PLAN ACT FUNDS. modification under subparagraph (A) or (B),
Effective on the date of enactment of this respectively, of paragraph (1) shall apply—
SA 2319. Mr. HOEVEN (for himself (A) beginning on the first calendar day
Act— and Ms. SMITH) submitted an amend-
(1) the Secretary of the Treasury, in con- after the payment date immediately fol-
ment intended to be proposed to lowing the request; but
sultation with the Director of the Office of
Management and Budget, shall identify all amendment SA 2137 proposed by Mr. (B) not earlier than 30 days after the date
unobligated balances of amounts made avail- SCHUMER (for Ms. SINEMA (for herself, of the request.
able under the American Rescue Plan Act of Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (d) NO FEES OR PENALTIES.—In carrying
2021 (Public Law 117–2), or an amendment SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
out this section, the Secretary, or the Sec-
retary of the Treasury in the case of a loan
made by that Act, excluding amounts made TESTER, Ms. MURKOWSKI, Mr. WARNER, owned by the Federal Financing Bank, shall
available for purposes of COVID–19 vaccina- and Mr. ROMNEY)) to the bill H.R. 3684, not impose or collect any fee from, or impose
dlhill on DSK120RN23PROD with SENATE
tions or personal protective equipment; and to authorize funds for Federal-aid high- any penalty on, a borrower.
(2) all of such unobligated balances are re- (e) NOTICE.—Not later than 30 days after
ways, highway safety programs, and
scinded. the date of enactment of this Act, the Sec-
transit programs, and for other pur-
poses; which was ordered to lie on the retary, in coordination with the Secretary of
SA 2318. Mr. HOEVEN (for himself the Treasury, shall publish in the Federal
and Mr. CRAMER) submitted an amend- table; as follows: Register a notice of the benefits available to
ment intended to be proposed to At the end of division G, add the following: borrowers under this section.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5737
(f) APPROPRIATIONS; REIMBURSEMENTS.— terials) an amount equal to 10 percent of the after the item relating to section 181 the fol-
(1) IN GENERAL.—Out of any amounts in the cost of specified domestically-produced ma- lowing new item:
Treasury not otherwise appropriated— terials if such materials are acquired by the ‘‘Sec. 182. Additional deduction for cost of
(A) there are appropriated to the Secretary taxpayer directly from the domestic smelter certain materials purchased di-
such sums as are necessary, to remain avail- or processor of such material. rectly from a domestic smelter
able until December 31, 2021, for the cost of ‘‘(b) SPECIFIED DOMESTICALLY-PRODUCED or processor.’’.
interest rate adjustments under subsection MATERIALS.—For purposes of this section— (d) EFFECTIVE DATE.—The amendments
(c)(1)(A); ‘‘(1) IN GENERAL.—The term ‘specified do- made by this section shall apply to taxable
(B) there is appropriated to the Secretary mestically-produced materials’ means any of years beginning after the date of the enact-
$300,000,000, to remain available until Decem- the following: ment of this Act.
ber 31, 2021, for the cost of modifications ‘‘(A) Any specified material which is a
under subsection (c)(1)(B); and mine product that is smelted or processed in SA 2321. Mrs. BLACKBURN sub-
(C) there are appropriated to the Federal the United States. mitted an amendment intended to be
Financing Bank such sums as are necessary, ‘‘(B) Any specified material which is a proposed to amendment SA 2137 pro-
to remain available until December 31, 2023, mine tailings product which is beneficiated
for the liquidation of residual posed by Mr. SCHUMER (for Ms. SINEMA
in the United States.
intragovernmental amounts owed by the ‘‘(C) Any specified material which is metal (for herself, Mr. PORTMAN, Mr.
Federal Financing Bank in connection with or metal compound production which is— MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
qualified loans described in subsection (b) ‘‘(i) reprocessed from slags or residues in Ms. COLLINS, Mr. TESTER, Ms. MUR-
modified after the date of enactment of this the United States, or KOWSKI, Mr. WARNER, and Mr. ROMNEY))
Act. ‘‘(ii) melted, sputtered, or otherwise pro- to the bill H.R. 3684, to authorize funds
(2) CALCULATION.—For purposes of para- duced in the United States. for Federal-aid highways, highway
graph (1)(C), the calculation of the sums nec- ‘‘(D) Any specified material which is an safety programs, and transit programs,
essary for the liquidation of residual alloy produced by melting together metals
intragovernmental amounts owed shall take and for other purposes; which was or-
in the United States.
into account all amounts otherwise trans- ‘‘(E) Any specified material which is a dered to lie on the table; as follows:
ferred to the Federal Financing Bank for the magnet which is sintered or bonded and mag- At the end of title X of division D, add the
qualified loans described in that paragraph. netized in the United States. following:
(3) EMERGENCY DESIGNATION.— ‘‘(2) SPECIFIED MATERIAL.— SEC. 410ll. FUNDING LIMITATION.
(A) IN GENERAL.—The amounts provided by ‘‘(A) IN GENERAL.—The term ‘specified ma- (a) IN GENERAL.—Funding made available
this section are designated as an emergency terial’ means minerals that are necessary— by this title shall only be made available for
requirement pursuant to section 4(g) of the ‘‘(i) for the national defense and national the application or deployment of established
Statutory Pay-As-You-Go Act of 2010 (2 security requirements, technologies with documented performance
U.S.C. 933(g)). ‘‘(ii) for the energy infrastructure of the and an existing commercialization record in
(B) DESIGNATION IN SENATE.—In the Senate, United States, including— order to ensure the timely and desired out-
this section is designated as an emergency ‘‘(I) pipelines, come and performance of the activities fund-
requirement pursuant to section 4112(a) of H. ‘‘(II) refining capacity, ed by this title.
Con. Res. 71 (115th Congress), the concurrent ‘‘(III) electrical power generation and (b) TECHNOLOGY READINESS.—For purposes
resolution on the budget for fiscal year 2018. transmission, and of determining whether a technology meets
‘‘(IV) renewable energy production, the criteria described in subsection (a), the
SA 2320. Mrs. BLACKBURN sub- ‘‘(iii) for community resiliency, coastal technology readiness level of the technology
mitted an amendment intended to be restoration, and ecological sustainability for shall be greater than or equal to 8, as defined
proposed to amendment SA 2137 pro- the coastal United States, by the Technology Readiness Assessment
posed by Mr. SCHUMER (for Ms. SINEMA ‘‘(iv) to support domestic manufacturing, Guide of the Government Accountability Of-
(for herself, Mr. PORTMAN, Mr. agriculture, housing, telecommunications, fice (report number GAO-16-410G, dated Au-
healthcare, and transportation infrastruc- gust 2016).
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ture, or
Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(v) for the economic security of, and bal- SA 2322. Mrs. BLACKBURN sub-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ance of trade in, the United States. mitted an amendment intended to be
to the bill H.R. 3684, to authorize funds ‘‘(B) EXCEPTIONS.—Such term shall not in- proposed to amendment SA 2137 pro-
for Federal-aid highways, highway clude— posed by Mr. SCHUMER (for Ms. SINEMA
safety programs, and transit programs, ‘‘(i) fuel minerals, including oil, natural
gas, or any other fossil fuels,
(for herself, Mr. PORTMAN, Mr.
and for other purposes; which was or- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
dered to lie on the table; as follows: ‘‘(ii) water, ice, or snow, or
‘‘(iii) sand, stone, gravel, pumice, Ms. COLLINS, Mr. TESTER, Ms. MUR-
At the end of title VI of division H, add the pumicite, cinders, or clay. KOWSKI, Mr. WARNER, and Mr. ROMNEY))
following:
‘‘(c) DOMESTIC SMELTER OR PROCESSOR.— to the bill H.R. 3684, to authorize funds
SEC. 806ll. ADDITIONAL DEDUCTION FOR COST
For purposes of this section, the term ‘do- for Federal-aid highways, highway
OF CERTAIN MATERIALS PUR-
CHASED DIRECTLY FROM A DOMES- mestic smelter or processor’ means— safety programs, and transit programs,
TIC SMELTER OR PROCESSOR. ‘‘(1) in the case of specified domestically- and for other purposes; which was or-
(a) FINDINGS.—Congress finds the fol- produced materials described in subsection
dered to lie on the table; as follows:
lowing: (b)(1)(A), a person in the trade or business of
smelting or processing such material, In section 40321(b) of subtitle C of title III
(1) It is in America’s best interest to en- of division D, strike ‘‘Committee on Energy
sure a robust and secure domestic supply ‘‘(2) in the case of specified domestically-
produced materials described in subsection and Natural Resources of the Senate’’ and
chain for U.S. manufacturers. insert ‘‘Committees on Energy and Natural
(2) The United States’ increasing reliance (b)(1)(B), a person in the trade or business of
beneficiating such material, Resources and Armed Services of the Sen-
on foreign sources of metals and minerals ate’’.
threatens our economic and national secu- ‘‘(3) in the case of specified domestically-
produced materials described in subsection In section 40321(b) of subtitle C of title III
rity while providing our geopolitical rivals, of division D, insert ‘‘, Armed Services,’’
such as China and Russia, leverage over our (b)(1)(C)(i), a person in the trade or business
of reprocessing such material, after ‘‘Energy and Commerce’’.
economy. In section 40321(c)(1) of subtitle C of title
(3) Incentivizing domestic mineral and ‘‘(4) in the case of specified domestically-
produced materials described in subsection III of division D, in the matter preceding
metal production and the purchase of these subparagraph (A), insert ‘‘, in consultation
materials will make our nation’s supply (b)(1)(C)(ii), a person in the trade or business
of melting, sputtering, or producing by melt- with the Department of Defense,’’ after ‘‘by
chains more secure and resilient. the Department’’.
(b) DEDUCTION.—Part VI of subchapter B of ing together such materials,
‘‘(5) in the case of specified domestically- In section 40321(c) of subtitle C of title III
chapter 1 of the Internal Revenue Code of of division D, add at the end the following:
1986 is amended by inserting after section 181 produced materials described in subsection
(b)(1)(D), a person in the trade or business of (6) A strategy for studying the use of small
the following new section: modular reactors and micro-reactors to
‘‘SEC. 182. ADDITIONAL DEDUCTION FOR COST OF producing such material, and
power Department of Defense installations
dlhill on DSK120RN23PROD with SENATE
CERTAIN MATERIALS PURCHASED ‘‘(6) in the case of specified domestically-
DIRECTLY FROM A DOMESTIC produced materials described in subsection domestically.
SMELTER OR PROCESSOR. (b)(1)(E), a person in the trade or business of
‘‘(a) IN GENERAL.—There shall be allowed sintering or bonding such materials.’’. SA 2323. Mrs. BLACKBURN sub-
as a deduction (in addition to any other de- (c) CLERICAL AMENDMENT.—The table of mitted an amendment intended to be
duction allowed under this chapter for the sections for part VI of subchapter B of chap- proposed to amendment SA 2137 pro-
cost of specified domestically-produced ma- ter 1 of such Code is amended by inserting posed by Mr. SCHUMER (for Ms. SINEMA
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S5738 CONGRESSIONAL RECORD — SENATE August 3, 2021
(for herself, Mr. PORTMAN, Mr. structure grants of the Federal Transit Ad- (iii) is added to a tower, building, or other
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ministration under title VIII of division J. structure.
Ms. COLLINS, Mr. TESTER, Ms. MUR- (4) $500,000,000 of the total amount author- (3) COMMUNICATIONS SERVICE.—The term
ized to be appropriated to carry out the ‘‘communications service’’ means a service
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
clean school bus program under subsection for the transmission of writing, signs, sig-
to the bill H.R. 3684, to authorize funds (f) of section 741 of the Energy Policy Act of nals, data, images, pictures, or sounds of all
for Federal-aid highways, highway 2005 (42 U.S.C. 16091) (as amended by section kinds.
safety programs, and transit programs, 71101). (4) COVERED PROJECT.—The term ‘‘covered
and for other purposes; which was or- (5) $500,000,000 of the total amount author- project’’ means a project that—
dered to lie on the table; as follows: ized to be appropriated to carry out the elec- (A) is to be carried out within an area for
At the end of subtitle E of title I of divi- tric or low-emitting ferry pilot program which the President has declared a major
sion A, add the following: under section 71102(d). disaster or an emergency under the Robert
SEC. 115ll. HOV FACILITIES EXCEPTION FOR
T. Stafford Disaster Relief and Emergency
ACTIVE TRAFFIC MANAGEMENT
SA 2325. Mrs. BLACKBURN sub- Assistance Act (42 U.S.C. 5121 et seq.);
STRATEGIES. mitted an amendment intended to be (B) is to be carried out not later than 5
Section 166(b) of title 23, United States proposed to amendment SA 2137 pro- years after the date on which the President
Code (as amended by section 11527), is posed by Mr. SCHUMER (for Ms. SINEMA made the declaration; and
amended— (for herself, Mr. PORTMAN, Mr. (C)(i) replaces a communications facility
(1) in paragraph (1), by striking ‘‘through damaged by the disaster or emergency; or
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, (ii) makes improvements to a communica-
(5)’’ and inserting ‘‘through (7)’’; and Ms. COLLINS, Mr. TESTER, Ms. MUR-
(2) by adding at the end the following: tions facility—
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (I) that could reasonably be considered as
‘‘(7) ACTIVE TRAFFIC MANAGEMENT STRATE-
GIES.— to the bill H.R. 3684, to authorize funds necessary for recovery from the disaster or
‘‘(A) DEFINITIONS.—In this paragraph: for Federal-aid highways, highway emergency; or
‘‘(i) ACTIVE TRAFFIC MANAGEMENT.—The safety programs, and transit programs, (II) to prevent or mitigate damage to the
term ‘active traffic management’ means the and for other purposes; which was or- communications facility from a future dis-
ability— dered to lie on the table; as follows: aster or emergency.
‘‘(I) dynamically to manage traffic conges- (b) NEPA CONSIDERATIONS.—The Commis-
At the end of division G, add the following: sion shall treat a covered project as a class
tion based on prevailing and predicted traffic
TITLE XII—FEDERALLY FUNDED of action categorically excluded under sec-
conditions; and
PROJECTS AND ACTIVITIES NOT IN MET- tion 1508.4 of title 40, Code of Federal Regula-
‘‘(II) to maximize the effectiveness and ef-
ROPOLITAN STATISTICAL AREAS tions (or a successor regulation), from any
ficiency of a HOV facility with respect to
trip reliability. SEC. 71201. FEDERALLY FUNDED PROJECTS AND requirement to prepare an environmental as-
ACTIVITIES NOT IN METROPOLITAN sessment or environmental impact state-
‘‘(ii) ACTIVE TRAFFIC MANAGEMENT STRAT-
STATISTICAL AREAS. ment under section 102(2)(C) of the National
EGY.—The term ‘active traffic management
Notwithstanding any other provision of Environmental Policy Act of 1969 (42 U.S.C.
strategy’ means a strategy implemented for
law, the National Environmental Policy Act 4332(2)(C)).
purposes of active traffic management, in-
of 1969 (42 U.S.C. 4321 et seq.), the Endan- (c) NATIONAL HISTORIC PRESERVATION CON-
cluding—
gered Species Act of 1973 (16 U.S.C. 1531 et SIDERATIONS.—Section 306108 of title 54,
‘‘(I) speed advisory controls;
seq.), and division A of subtitle III of title 54, United States Code, shall not apply with re-
‘‘(II) dynamic lane assignment;
United States Code (formerly known as the spect to a covered project—
‘‘(III) dynamic hard shoulder running; and
‘‘National Historic Preservation Act’’), shall (1) for which the Commission is required to
‘‘(IV) adaptive ramp metering.
not apply to any project or activity that— issue a permit; or
‘‘(B) EXCEPTION.—A public authority oper-
(1) is not located in a metropolitan statis- (2) that is otherwise subject to the jurisdic-
ating a HOV facility may implement 1 or
tical area (as defined by the Office of Man- tion of the Commission.
more active traffic management strategies
agement and Budget); and
to replace the HOV facility in any case in SA 2327. Mrs. BLACKBURN sub-
(2) is carried out using Federal funds.
which, as determined by the public author-
ity, research and analysis demonstrate that
mitted an amendment intended to be
SA 2326. Mrs. BLACKBURN sub- proposed to amendment SA 2137 pro-
the active traffic management strategy will
result in— mitted an amendment intended to be posed by Mr. SCHUMER (for Ms. SINEMA
‘‘(i) an improvement in overall safety; and proposed to amendment SA 2137 pro- (for herself, Mr. PORTMAN, Mr.
‘‘(ii) reduction in traffic congestion.’’. posed by Mr. SCHUMER (for Ms. SINEMA MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
(for herself, Mr. PORTMAN, Mr. Ms. COLLINS, Mr. TESTER, Ms. MUR-
SA 2324. Mrs. BLACKBURN sub- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, KOWSKI, Mr. WARNER, and Mr. ROMNEY))
mitted an amendment intended to be Ms. COLLINS, Mr. TESTER, Ms. MUR- to the bill H.R. 3684, to authorize funds
proposed to amendment SA 2137 pro- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) for Federal-aid highways, highway
posed by Mr. SCHUMER (for Ms. SINEMA to the bill H.R. 3684, to authorize funds safety programs, and transit programs,
(for herself, Mr. PORTMAN, Mr. for Federal-aid highways, highway and for other purposes; which was or-
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, safety programs, and transit programs, dered to lie on the table; as follows:
Ms. COLLINS, Mr. TESTER, Ms. MUR- and for other purposes; which was or- On page 2058, line 14, insert before ‘‘from
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) dered to lie on the table; as follows: eligibility’’ the following: ‘‘, except for mu-
to the bill H.R. 3684, to authorize funds At the appropriate place in division F, in- nicipal broadband providers that are prohib-
for Federal-aid highways, highway sert the following: ited by State law from offering broadband
safety programs, and transit programs, SEC. lll. APPLICATION OF NEPA AND NHPA TO service in the applicable jurisdiction,’’.
and for other purposes; which was or- COVERED COMMUNICATIONS
PROJECTS. SA 2328. Mrs. BLACKBURN sub-
dered to lie on the table; as follows:
(a) DEFINITIONS.—In this section: mitted an amendment intended to be
At the end of division G, add the following: (1) COMMISSION.—The term ‘‘Commission’’
TITLE XII—CERTS ACT FUNDING proposed to amendment SA 2137 pro-
means the Federal Communications Com-
SEC. 71201. REALLOCATION OF FUNDING FOR mission.
posed by Mr. SCHUMER (for Ms. SINEMA
CERTS ACT. (2) COMMUNICATIONS FACILITY.—The term (for herself, Mr. PORTMAN, Mr.
Notwithstanding any other provision of ‘‘communications facility’’ includes— MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
this Act (or an amendment made by this (A) any wireless or wireline infrastructure Ms. COLLINS, Mr. TESTER, Ms. MUR-
Act), the following amounts shall be reallo- for the transmission of writing, signs, sig- KOWSKI, Mr. WARNER, and Mr. ROMNEY))
cated to carry out the Coronavirus Economic nals, data, images, pictures, or sounds of all to the bill H.R. 3684, to authorize funds
Relief for Transportation Services Act (sub- kinds; for Federal-aid highways, highway
title B of title IV of division N of Public Law (B) any transmitting device, tower, or sup- safety programs, and transit programs,
116–260; 134 Stat. 1182): port structure, and any equipment, switches,
(1) $2,000,000,000 of the total amount au- wiring, cabling, power sources, shelters, or
and for other purposes; which was or-
dered to lie on the table; as follows:
dlhill on DSK120RN23PROD with SENATE
thorized to be appropriated for Northeast cabinets, associated with the provision of
Corridor grants under section 22101(a). communications services; and On page 2053, strike lines 12 through 16 and
(2) $1,000,000,000 of the total amount au- (C) any antenna or apparatus that— insert the following:
thorized to be appropriated for National Net- (i) is designed for the purpose of emitting of such individuals; and
work grants under section 22101(b). radio frequency; (5) broadband adoption, including programs
(3) $1,000,000,000 of the total amount au- (ii) is designed to be operated, or is oper- to provide affordable internet-capable de-
thorized to be appropriated for transit infra- ating, from a fixed location; and vices.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5739
SA 2329. Mrs. BLACKBURN sub- to the bill H.R. 3684, to authorize funds (for herself, Mr. PORTMAN, Mr.
mitted an amendment intended to be for Federal-aid highways, highway MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
proposed to amendment SA 2137 pro- safety programs, and transit programs, Ms. COLLINS, Mr. TESTER, Ms. MUR-
posed by Mr. SCHUMER (for Ms. SINEMA and for other purposes; which was or- KOWSKI, Mr. WARNER, and Mr. ROMNEY))
(for herself, Mr. PORTMAN, Mr. dered to lie on the table; as follows: to the bill H.R. 3684, to authorize funds
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, On page 1318, line 3, strike ‘‘The term’’ and for Federal-aid highways, highway
Ms. COLLINS, Mr. TESTER, Ms. MUR- insert ‘‘Except as otherwise expressly pro- safety programs, and transit programs,
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) vided, the term’’. and for other purposes; which was or-
to the bill H.R. 3684, to authorize funds On page 1420, beginning on line 15, strike dered to lie on the table; as follows:
for Federal-aid highways, highway ‘‘In this’’ and all that follows through ‘‘sec- At the appropriate place in division A, in-
tion’’ on line 16, and insert ‘‘Except as other- sert the following:
safety programs, and transit programs,
wise expressly provided, in this section’’. SEC. ll. DEADLINE FOR AUTHORIZATION DECI-
and for other purposes; which was or- SIONS FOR MAJOR INFRASTRUC-
On page 1426, between lines 2 and 3, insert
dered to lie on the table; as follows: the following: TURE PROJECTS.
On page 2054, beginning on line 17, strike ‘‘, (h) NATIONAL BLOCKCHAIN IMPLEMENTATION (a) DEFINITIONS.—In this section:
except that the’’ and all that follows through POLICY PROGRAM.— (1) LEAD FEDERAL AGENCY.—The term ‘‘lead
‘‘project’’ on line 23. (1) DEFINITIONS.—In this subsection: Federal agency’’ means the Federal agency
(A) CRITICAL MINERAL.—The term ‘‘critical that is responsible for navigating a major in-
SA 2330. Mrs. BLACKBURN sub- mineral’’ has the meaning given the term in frastructure project through environmental
mitted an amendment intended to be Executive Order 13817 (30 U.S.C. 1601 note; re- review and authorization processes.
proposed to amendment SA 2137 pro- lating to a Federal strategy to ensure secure (2) MAJOR INFRASTRUCTURE PROJECT.—The
and reliable supplies of critical minerals). term ‘‘major infrastructure project’’ means
posed by Mr. SCHUMER (for Ms. SINEMA
(B) NATIONAL LABORATORY.—The term ‘‘Na- an infrastructure project for which—
(for herself, Mr. PORTMAN, Mr. (A) multiple authorizations by Federal
tional Laboratory’’ has the meaning given
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, the term in section 2 of the Energy Policy agencies will be required to proceed with
Ms. COLLINS, Mr. TESTER, Ms. MUR- Act of 2005 (42 U.S.C. 15801). construction;
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (C) PROGRAM.—The term ‘‘Program’’ means (B) the lead Federal agency has determined
to the bill H.R. 3684, to authorize funds the National Blockchain Implementation that it will prepare an environmental impact
for Federal-aid highways, highway Policy Program established by the Secretary statement under the National Environ-
safety programs, and transit programs, under paragraph (2)(A). mental Policy Act of 1969 (42 U.S.C. 4321 et
(D) SECRETARY.—The term ‘‘Secretary’’ seq.); and
and for other purposes; which was or-
means the Secretary of Commerce. (C) the project sponsor has identified the
dered to lie on the table; as follows: reasonable availability of funds sufficient to
(2) PROGRAM.—
In section 11519, strike subsection (b) and (A) IN GENERAL.—Not later than 180 days complete the project.
insert the following: after the date of enactment of this Act, the (b) DEADLINE FOR AUTHORIZATION DECI-
(b) IMPROVING THE EMERGENCY RELIEF PRO- SIONS.—Not later than 90 days after the date
Secretary shall establish in the Department
GRAM.—Not later than 90 days after the date on which the head of a lead Federal agency
of Commerce a program to be known as the
of enactment of this Act, the Secretary issues a record of decision following the com-
National Blockchain Implementation Policy
shall— pletion of an environmental impact state-
Program.
(1) establish categorical exclusions from ment under the National Environmental Pol-
(B) REQUIREMENTS.—In carrying out the
the requirements of the National Environ- icy Act of 1969 (42 U.S.C. 4321 et seq.), all
Program, the Secretary, acting in coordina-
mental Policy Act of 1969 (42 U.S.C. 4321 et Federal authorization decisions relating to
tion with such Federal agencies, advisory
seq.) and necessary exemptions from the En- the construction of a major infrastructure
councils, working groups, and subcommit-
dangered Species Act of 1973 (16 U.S.C. 1531 et project shall be completed, on the condition
tees as the Secretary considers appropriate,
seq.) for emergency relief projects that are that such final environmental impact state-
shall—
not located in metropolitan statistical areas ment includes an adequate level of detail to
(i) establish the goals, priorities, and
(as defined by the Office of Management and inform agency decisions pursuant to specific
metrics for a 5-year plan to accelerate the statutory authority and requirements.
Budget);
development of blockchain technology, and (c) EXTENSION.—The head of a lead Federal
(2) revise the emergency relief manual of
the applications for blockchain technology, agency may extend the deadline referred to
the Federal Highway Administration—
in the United States; in subsection (b) if the head of the lead Fed-
(A) to include and reflect the definition of
(ii) monitor global regulatory develop- eral agency determines that—
the term ‘‘resilience’’ (as defined in section
ments to— (1) Federal law prohibits the Federal agen-
101(a) of title 23, United States Code);
(I) assess the competitiveness of the United cy from issuing an approval or permit within
(B) to identify procedures that States may
States with respect to the supply chain of the 90-day period;
use to incorporate resilience into emergency
critical minerals; and (2) the project sponsor requests that the
relief projects; and
(II) develop policy solutions in the United permit or approval follow a different
(C) to encourage the use of Complete
States with respect to the supply chain of timeline; or
Streets design principles and consideration
critical minerals; (3) an extension would better promote com-
of access for moderate- and low-income fami-
(iii) in order to achieve the purposes de- pletion of the environmental review and au-
lies impacted by a declared disaster;
scribed in clause (i), pursue fundamental re- thorization process of the project.
(3) develop best practices for improving the
search, development, demonstration, and
use of resilience in—
(A) the emergency relief program under
other activities with respect to blockchain SA 2333. Mrs. BLACKBURN sub-
technology; mitted an amendment intended to be
section 125 of title 23, United States Code;
(iv) invest in activities to develop a proposed to amendment SA 2137 pro-
and
blockchain technology workforce pipeline; posed by Mr. SCHUMER (for Ms. SINEMA
(B) emergency relief efforts;
(v) provide for interagency planning and
(4) provide to division offices of the Fed- (for herself, Mr. PORTMAN, Mr.
coordination of research, development, dem-
eral Highway Administration and State de- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
onstration, standards engagement, and other
partments of transportation information on Ms. COLLINS, Mr. TESTER, Ms. MUR-
activities with respect to blockchain tech-
the best practices developed under paragraph KOWSKI, Mr. WARNER, and Mr. ROMNEY))
nology;
(3); and to the bill H.R. 3684, to authorize funds
(vi) partner with private industry, institu-
(5) develop and implement a process to
track—
tions of higher education, and the National for Federal-aid highways, highway
Laboratories to leverage knowledge and re- safety programs, and transit programs,
(A) the consideration of resilience as part
sources with respect to blockchain tech- and for other purposes; which was or-
of the emergency relief program under sec-
nology; and dered to lie on the table; as follows:
tion 125 of title 23, United States Code; and
(vii) leverage Federal investments regard-
(B) the costs of emergency relief projects. At the appropriate place in division A, in-
ing blockchain technology that are in exist-
sert the following:
SA 2331. Mrs. BLACKBURN sub- ence, as of the date on which the Program is
SEC. ll. USE OF PREVIOUS ENVIRONMENTAL
established, to advance the goals of the Pro-
mitted an amendment intended to be STUDIES, ANALYSES, AND DECI-
dlhill on DSK120RN23PROD with SENATE
gram, including the purposes described in SIONS FOR CURRENT PROJECTS.
proposed to amendment SA 2137 pro- clause (i). In carrying out requirements under the
posed by Mr. SCHUMER (for Ms. SINEMA
National Environmental Policy Act of 1969
(for herself, Mr. PORTMAN, Mr. SA 2332. Mrs. BLACKBURN sub- (42 U.S.C. 4321 et seq.) for a current project,
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, mitted an amendment intended to be a Federal agency may use an environmental
Ms. COLLINS, Mr. TESTER, Ms. MUR- proposed to amendment SA 2137 pro- study, analysis, or decision conducted in sup-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) posed by Mr. SCHUMER (for Ms. SINEMA port of previous Federal, State, Tribal, or
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S5740 CONGRESSIONAL RECORD — SENATE August 3, 2021
local environmental reviews or authoriza- funds made available under this heading for ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in
tion decisions. a bridge replacement and rehabilitation pro- this subparagraph—
gram to each qualifying State by the propor- ‘‘(I) prohibits the Secretary of the Interior
SA 2334. Mrs. BLACKBURN sub- tion that the percentage of total deck area of from including in the inventory under sub-
mitted an amendment intended to be bridges classified as in poor condition in paragraph (A) additional transportation fa-
proposed to amendment SA 2137 pro- such qualifying State bears to the sum of the cilities more frequently than required under
posed by Mr. SCHUMER (for Ms. SINEMA percentages of total deck area of bridges clause (i), including, as necessary, in re-
(for herself, Mr. PORTMAN, Mr. classified as in poor condition in all quali- sponse to a proposal from an eligible Indian
fying States: Provided further, That for the tribe submitted during a period not described
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, bridge replacement and rehabilitation pro- in the notice under clause (i); or
Ms. COLLINS, Mr. TESTER, Ms. MUR- gram, no qualifying State shall receive more ‘‘(II) requires Indian tribes to submit pro-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) than $1,200,000,000, each State shall receive posals to the Secretary of the Interior in re-
to the bill H.R. 3684, to authorize funds an amount not less than $300,000,000, and sponse to the notice required under clause
for Federal-aid highways, highway after calculating the distribution of funds (i).’’; and
safety programs, and transit programs, pursuant to the preceding proviso, any (II) by adding at the end the following:
and for other purposes; which was or- amount in excess of $1,200,000,000 shall be re- ‘‘(F) PUBLIC AVAILABILITY.—The Secretary
dered to lie on the table; as follows: distributed equally among each State that of the Interior shall ensure that all non-con-
does not meet the definition of a qualifying fidential information within the inventory
On page 1065, line 17, insert ‘‘, motorcy- State: Provided further, That funds provided
clists,’’ after ‘‘bicyclists’’. described in subparagraph (A) is made avail-
to States that do not meet the definition of able—
a qualifying State for the bridge replace- ‘‘(i) in a user-friendly manner on the public
SA 2335. Mr. THUNE submitted an ment and rehabilitation program shall be (A)
amendment intended to be proposed to website of the Department of the Interior;
merged with amounts made available to such and
amendment SA 2137 proposed by Mr. State under this paragraph; (B) available for ‘‘(ii) in a manner capable of being searched
SCHUMER (for Ms. SINEMA (for herself, activities eligible under this paragraph; and and downloaded by users of the public
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (C) administered as if apportioned under website of the Department of the Interior.’’;
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. chapter 1 of title 23, United States Code: Pro- and
TESTER, Ms. MURKOWSKI, Mr. WARNER, vided further, That, except as provided in the (ii) in paragraph (3)(B), in the matter pre-
and Mr. ROMNEY)) to the bill H.R. 3684, preceding proviso, the funds made available ceding clause (i), by striking ‘‘fiscal year
under this heading for a bridge replacement 2012’’ and inserting ‘‘the most recent fiscal
to authorize funds for Federal-aid high- and rehabilitation program shall be used for
ways, highway safety programs, and year for which data is available’’;
highway bridge replacement or rehabilita- (C) in subsection (c)—
transit programs, and for other pur- tion projects on public roads: Provided fur- (i) in paragraph (3)—
poses; which was ordered to lie on the ther, That for purposes of this heading for (I) in subparagraph (A), by striking ‘‘; and’’
table; as follows: the bridge replacement and rehabilitation at the end and inserting a period;
Beginning on page 2639, strike line 6 and program, the Secretary shall calculate the (II) by striking subparagraph (B); and
all that follows through page 2642, line 16, percentages of total deck area of bridges (in- (III) in the matter preceding subparagraph
and insert the following: cluding the percentages of total deck area (A), by striking ‘‘shall be—’’ and all that fol-
(1) $27,500,000,000 shall be for a bridge re- classified as in poor and the percentages of lows through ‘‘selected by’’ in subparagraph
placement, rehabilitation, preservation, pro- total bridge counts (including the percent- (A), and inserting ‘‘shall be selected by’’; and
tection, and construction program, Provided ages of total bridges classified as in poor (ii) by adding at the end the following:
further, That, except as otherwise provided condition) based on the National Bridge In- ‘‘(4) NATIONALLY SIGNIFICANT FEDERAL
under this paragraph, the funds made avail- ventory as of December 31, 2018: LANDS AND TRIBAL PROJECTS PROGRAM.—Not-
able under this paragraph shall be adminis- withstanding any other provision of this sec-
tered as if apportioned under chapter 1 of SA 2336. Mr. THUNE submitted an tion, amounts made available to Indian
title 23, United States Code: Provided further, amendment intended to be proposed to tribes under subsection (b)(3) may be used for
That a project funded with funds made avail- amendment SA 2137 proposed by Mr. planning and design activities related to ap-
able under this paragraph shall be treated as SCHUMER (for Ms. SINEMA (for herself, plications for grants under the nationally
a project on a Federal-aid highway: Provided Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- significant Federal lands and tribal projects
further, That, of the funds made available SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. program under section 1123 of the FAST Act
under this paragraph for a fiscal year, 3 per- TESTER, Ms. MURKOWSKI, Mr. WARNER, (23 U.S.C. 201 note; Public Law 114–94).’’; and
cent shall be set aside to carry out section and Mr. ROMNEY)) to the bill H.R. 3684, (D) in subsection (e)(2), by striking ‘‘as ap-
202(d) of title 23, United States Code: Pro- to authorize funds for Federal-aid high- propriate,’’ and inserting ‘‘subject to sub-
vided further, That funds set aside under the section (a)(9),’’.
ways, highway safety programs, and
preceding proviso to carry out section 202(d) (2) INSPECTOR GENERAL REVIEW.—
of that title shall be in addition to funds oth- transit programs, and for other pur- (A) IN GENERAL.—Not later than 180 days
erwise made available to carry out that sec- poses; which was ordered to lie on the after the date of enactment of this Act, the
tion and shall be administered as if made table; as follows: Inspector General of the Department and the
available under that section: Provided fur- At the end of title IV of division A, add the Inspector General of the Department of the
ther, That for funds set aside under this para- following: Interior shall jointly begin an audit of the
graph to carry out section 202(d) of title 23, SEC. ll. TRIBAL TRANSPORTATION. tribal transportation program under section
United States Code, the Federal share of the (a) TRIBAL TRANSPORTATION PROGRAM.— 202 of title 23, United States Code (referred
costs shall be 100 percent: Provided further, (1) IN GENERAL.—Section 202 of title 23, to in this subsection as the ‘‘program’’).
That up to 1⁄2 of 1 percent of the amounts United States Code, is amended— (B) REVIEW.—The audit under subpara-
made available under this paragraph in each (A) in subsection (a)(9)(A), by striking graph (A) shall include—
fiscal year shall be for the administration ‘‘construction and improvement’’ and insert- (i) a review of the data collection and man-
and operations of the Federal Highway Ad- ing ‘‘construction, improvement, and high- agement processes used by the Secretary of
ministration: Provided further, That for the way safety’’; the Interior in maintaining the national in-
purposes of funds made available under this (B) in subsection (b)— ventory of tribal transportation facilities
heading for a bridge replacement and reha- (i) in paragraph (1)— under section 202(b)(1) of title 23, United
bilitation program, (A) the term ‘‘State’’ (I) by striking subparagraph (D) and insert- States Code; and
means any of the 50 States or the District of ing the following: (ii) a review of the administration of the
Columbia; and (B) the term ‘‘qualifying ‘‘(D) ADDITIONAL FACILITIES.— program, including whether—
State’’ means any State in which the per- ‘‘(i) IN GENERAL.—Not later than 270 days (I) funding under the program is distrib-
centage of total deck area of bridges classi- after the date of enactment of the Infra- uted in a timely manner that is consistent
fied as in poor condition in such State is at structure Investment and Jobs Act, and not with statutory and regulatory requirements;
least 5 percent or in which the percentage of less frequently than every 3 years thereafter, and
total bridges classified as in poor condition the Secretary of the Interior shall publish in (II) the current procedures and practices
in such State is at least 5 percent: Provided the Federal Register a notice requesting pro- used by the Secretary of the Interior to allo-
further, That, of the funds made available posals from Indian tribes to include addi- cate funding for tribal transportation facili-
dlhill on DSK120RN23PROD with SENATE
under this heading for a bridge replacement tional transportation facilities that are eli- ties (as defined in section 101(a) of title 23,
and rehabilitation program, the Secretary gible for funding under the tribal transpor- United States Code) under the program are
shall reserve $300,000,000 for each State that tation program in the inventory described in transparent and consistently applied.
does not meet the definition of a qualifying subparagraph (A), if those proposed addi- (C) REPORT.—Not later than 1 year after
State: Provided further, That, after making tional facilities are included in the inven- the date of enactment of this Act, the In-
the reservations under the preceding proviso, tory in a uniform and consistent manner na- spector General of the Department and the
the Secretary shall distribute the remaining tionally. Inspector General of the Department of the
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5741
Interior shall jointly submit a report de- after, the Secretary and the Secretary of the (I) not fewer than 1 tribal representative
scribing the results of the audit under sub- Interior shall require each Indian Tribe that from each region of the Bureau of Indian Af-
paragraph (A) to— intends to include a proposed road in the in- fairs; and
(i) the Committee on Environment and ventory to complete and submit for approval (II) not more than 3 tribal representatives
Public Works of the Senate; the documentation and other information re- from any 1 region of the Bureau of Indian Af-
(ii) the Committee on Indian Affairs of the quired under section 170.443(a) of title 25, fairs;
Senate; Code of Federal Regulations (as in effect on (iii) State and local representatives;
(iii) the Committee on Transportation and November 6, 2019), for the proposed road. (iv) not fewer than 1 representative of the
Infrastructure of the House of Representa- (3) REPORT.— Bureau of Indian Affairs;
tives; and (A) IN GENERAL.—Not later than 180 days (v) not fewer than 1 representative of the
(iv) the Committee on Natural Resources after each deadline described in paragraph Department; and
of the House of Representatives. (2), the Secretary of the Interior shall sub- (vi) other members, as determined to be
(3) COMPTROLLER GENERAL REVIEW.— mit to the Committee on Indian Affairs of appropriate by the Secretary of the Interior
(A) IN GENERAL.—The Comptroller General the Senate and the Committee on Natural in consultation with the Committee.
of the United States (referred to in this para- Resources of the House of Representatives a (B) APPOINTMENT.—The Secretary of the
graph as the ‘‘Comptroller General’’) shall report describing the proposed roads ap- Interior shall appoint each member of the
initiate an audit of the program. proved to be included in the inventory. Committee.
(B) REVIEW.—The audit under subpara- (B) REQUIREMENTS.—Each report under (C) CHAIRPERSON.—The Secretary of the In-
graph (A) shall include an examination of— subparagraph (A) shall include, for each In-
terior (or a designee) shall serve as chair-
(i) the funding formula of the program dian reservation, Alaska Native village, or
person of the Committee.
under section 202(b)(3) of title 23, United other recognized Indian community (includ-
(3) TERMS.—Except for the Secretary of the
States Code, including key decisions made ing former Indian reservations in the State
Interior, each member of the Committee
over time that have affected the methods of Oklahoma)—
shall serve for a term of 3 years.
used to determine tribal shares of program (i) the mileage of proposed roads included
(4) VACANCIES.—Any vacancy occurring in
funds; in the inventory before the deadline de-
the membership of the Committee—
(ii) whether, for purposes of allocating scribed in paragraph (2);
funding under section 202 of title 23, United (A) shall be filled in the same manner as
(ii) the mileage of proposed roads approved
States Code, the allocation methodology the original appointment was made; and
to be included in the inventory on the basis
under subpart D of part 1000 of title 24, Code (B) shall not affect the power of the re-
of the documentation and other information
of Federal Regulations (as in effect on the maining members to carry out the duties of
submitted under paragraph (2); and
date of enactment of this Act), provides an the Committee.
(iii) an estimate, based on the documenta-
accurate and reliable estimate of tribal pop- (5) DUTIES.—
tion and other information submitted under
ulation; (A) IN GENERAL.—The Committee shall—
paragraph (2), of the construction and main-
(iii) potential alternatives to the method- (i) regularly provide advice to the Sec-
tenance costs of the proposed roads described
ology described in clause (ii) for purposes of retary of the Interior on and, subject to the
in clause (ii).
allocating funding under section 202 of title (c) TRIBAL HIGHWAY SAFETY PARTNER- discretion of the Committee, study issues re-
23, United States Code; SHIPS.—Section 402 of title 23, United States lating to tribal transportation, including—
(iv) how the Secretary of the Interior en- Code, is amended— (I) the tribal transportation program under
sures that— (1) in subsection (b)(1)(C), by striking ‘‘by’’ section 202 of title 23, United States Code, in-
(I) the program is consistently adminis- and inserting ‘‘by, or on behalf of,’’; and cluding—
tered; and (2) in subsection (h)(2)— (aa) the funding formula used to determine
(II) program decisions are transparently (A) by striking ‘‘Notwithstanding’’ and in- tribal shares under the tribal transportation
and consistently made; and serting the following: program; and
(v) the potential effects of having the pro- ‘‘(A) IN GENERAL.—Notwithstanding’’; and (bb) the national tribal transportation fa-
gram administered solely by the Secretary (B) by adding at the end the following: cility inventory established under subsection
of the Interior or the Secretary. ‘‘(B) COOPERATION.—In accordance with (b)(1) of that section;
(C) REPORT.—Not later than 540 days after section 202(a)(9)(A), an Indian tribe may use (II) the road maintenance program man-
the date of enactment of this Act, the Comp- amounts described in subparagraph (A) in co- aged by the Bureau of Indian Affairs;
troller General shall submit a report describ- operation with States, counties, and other (III) grants awarded to Indian tribes for
ing the results of the audit under subpara- local subdivisions for highway safety pur- public transportation using amounts made
graph (A) to— poses.’’. available under section 5311(c)(1) of title 49,
(i) the Committee on Environment and (d) NATIONALLY SIGNIFICANT FEDERAL United States Code;
Public Works of the Senate; LANDS AND TRIBAL PROJECTS PROGRAM.—Sec- (IV) transportation safety within tribal
(ii) the Committee on Indian Affairs of the tion 1123 of the FAST Act (23 U.S.C. 201 note; reservations, including—
Senate; Public Law 114–94) is amended— (aa) traffic safety; and
(iii) the Committee on Transportation and (1) in subsection (c)(3), by inserting ‘‘for a (bb) safety partnerships with Federal,
Infrastructure of the House of Representa- project that is to be carried out by an eligi- State, and local authorities;
tives; and ble entity that is not an Indian tribe,’’ before (V) the availability of transportation fund-
(iv) the Committee on Natural Resources ‘‘having an’’; and ing in the event of a natural disaster; and
of the House of Representatives. (2) in subsection (g)(1)— (VI) any other policies or procedures re-
(4) OBLIGATION LIMITATIONS.—Notwith- (A) by striking ‘‘shall be up to’’ and insert- lated to tribal transportation, as determined
standing section 1102(a) of the FAST Act (23 ing the following: ‘‘shall be— by the Committee; and
U.S.C. 104 note; Public Law 114–94) or any ‘‘(A) for a project carried out by an Indian (ii) carry out the duties of the Tribal
other provision of law providing a limitation tribe, up to 100 percent; and Transportation Program Coordinating Com-
on obligations for Federal-aid highway and ‘‘(B) for a project not described in subpara- mittee established under sections 170.135
highway safety construction programs for a graph (A), up to’’. through 170.137 of title 25, Code of Federal
fiscal year, amounts made available to carry (e) TRIBAL TRANSPORTATION ADVISORY COM- Regulations (as in effect on the date of en-
out the tribal transportation program under MITTEE.— actment of this Act).
section 202 of title 23, United States Code, for (1) ESTABLISHMENT.—Subject to the avail- (B) BEST PRACTICES AND RECOMMENDA-
a fiscal year shall not be subject to the obli- ability of appropriations, not later than 180 TIONS.—The Committee may, on a periodic
gation limitation for that fiscal year. days after the date of enactment of this Act, basis, develop and present to the Secretary
(b) TRANSPORTATION FACILITY ELIGI- the Secretary of the Interior shall establish of the Interior best practices and rec-
BILITY.— within the Bureau of Indian Affairs a com- ommendations regarding the issues described
(1) DEFINITIONS.—In this subsection: mittee, to be known as the ‘‘Tribal Transpor- in subclauses (I) through (VI) of subpara-
(A) INVENTORY.—The term ‘‘inventory’’ tation Advisory Committee’’ (referred to in graph (A)(i).
means the national inventory of tribal trans- this subsection as the ‘‘Committee’’), which (C) SUBCOMMITTEES.—The Committee may
portation facilities under section 202(b) of shall replace the Tribal Transportation Pro- establish any subcommittees necessary to
title 23, United States Code. gram Coordinating Committee established carry out the duties of the Committee.
(B) PROPOSED ROAD.—The term ‘‘proposed under sections 170.135 through 170.137 of title (6) REPORT TO CONGRESS.—Not later than
road’’ means a proposed road or facility (as 25, Code of Federal Regulations (as in effect 180 days after receiving any recommenda-
defined in section 170.5 of title 25, Code of on the date of enactment of this Act). tions from the Committee under paragraph
dlhill on DSK120RN23PROD with SENATE
Federal Regulations (as in effect on the date (2) MEMBERSHIP.— (5)(B), the Secretary of the Interior shall
of enactment of this Act)) that is a road, in- (A) IN GENERAL.—The Committee shall be submit to the relevant committees of Con-
cluding a primary access route (as defined in composed of— gress a report describing those recommenda-
that section). (i) the Secretary of the Interior (or a des- tions.
(2) DEADLINE.—Not later than 180 days ignee); (7) FEDERAL ADVISORY COMMITTEE ACT.—Ex-
after the date of enactment of this Act, and (ii) representatives of a diverse group of In- cept as otherwise provided in this section,
not less frequently than every 3 years there- dian Tribes, including— the Federal Advisory Committee Act (5
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S5742 CONGRESSIONAL RECORD — SENATE August 3, 2021
U.S.C. App.) shall apply to the Committee tification under subsection (a), the funds TITLE XII—OTHER MATTERS
and each subcommittee of the Committee. shall be transferred to the general fund of SEC. 71201. MAINTENANCE OF CLASSIFICATION
(8) DETAIL OF FEDERAL EMPLOYEES.— the Treasury to be used only for deficit re- OF CERTAIN AIRPORTS FOR FISCAL
(A) IN GENERAL.—On request of the Com- duction. YEARS 2022 AND 2023.
mittee, the Secretary of the Interior may de- (a) IN GENERAL.—Section 47114(c)(1) of title
tail, with or without reimbursement, any of 49, United States Code, is amended by adding
the personnel of the Department of the Inte- SA 2339. Mr. SCOTT of Florida sub- at the end the following:
rior or, in consultation with the Secretary, mitted an amendment intended to be ‘‘(K) SPECIAL RULE ON CLASSIFICATION FOR
the Department, to the Committee to assist proposed to amendment SA 2137 pro- FISCAL YEARS 2022 AND 2023.—Notwithstanding
the Committee in carrying out the duties of posed by Mr. SCHUMER (for Ms. SINEMA section 47102 and subparagraph (A), and sub-
the Committee. (for herself, Mr. PORTMAN, Mr. ject to subparagraph (J), for fiscal years 2022
(B) CIVIL SERVICE STATUS.—Any detail of a MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, and 2023, the Secretary shall classify an air-
Federal employee under subparagraph (A) Ms. COLLINS, Mr. TESTER, Ms. MUR- port as a primary nonhub airport if that air-
shall not interrupt or otherwise affect the port was a primary nonhub airport for fiscal
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
civil service status or privileges of the Fed- year 2021.’’.
eral employee being detailed. to the bill H.R. 3684, to authorize funds (b) EFFECTIVE DATE.—The amendment
(9) PAYMENT AND EXPENSES.— for Federal-aid highways, highway made by subsection (a) shall take effect as if
(A) COMPENSATION.—Members of the Com- safety programs, and transit programs, included in the enactment of division L of
mittee shall serve without pay. and for other purposes; which was or- the Consolidated Appropriations Act, 2021
(B) TRAVEL EXPENSES.—Each member of dered to lie on the table; as follows: (Public Law 116–260).
the Committee shall receive, for a meeting
called by the Secretary of the Interior, trav- On page 1297, strike lines 1 through 3 and SA 2341. Ms. KLOBUCHAR (for her-
el expenses, including per diem in lieu of insert the following: self, Mrs. FISCHER, Mr. ROUNDS, Mr.
subsistence, in accordance with sections 5702 ‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts MORAN, Ms. ERNST, Mr. GRASSLEY, Ms.
and 5703 of title 5, United States Code. made available by or appropriated under this DUCKWORTH, Mr. MARSHALL, Mr. DUR-
(10) TERMINATION.—The Committee, includ- section shall remain available until ex- BIN, Mr. THUNE, Ms. SMITH, Mr. SASSE,
ing subcommittees of the Committee, shall pended.
terminate on the date that is 10 years after
and Ms. BALDWIN) submitted an amend-
‘‘(f) REDUCTIONS IN TRANSIT FUNDING.— ment intended to be proposed to
the date of enactment of this Act. ‘‘(1) REQUIRED REDUCTIONS.—
amendment SA 2137 proposed by Mr.
‘‘(A) IN GENERAL.—Notwithstanding any
SA 2337. Mr. SCOTT of Florida sub- other provision of law, if the Secretary de- SCHUMER (for Ms. SINEMA (for herself,
mitted an amendment intended to be termines during a fiscal year that, as com- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
proposed to amendment SA 2137 pro- pared to the previous fiscal year, a State or SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
posed by Mr. SCHUMER (for Ms. SINEMA local governmental authority that receives TESTER, Ms. MURKOWSKI, Mr. WARNER,
(for herself, Mr. PORTMAN, Mr. funding under this chapter from the Sec- and Mr. ROMNEY)) to the bill H.R. 3684,
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, retary has reduced spending on public safety to authorize funds for Federal-aid high-
or law enforcement activities, the Secretary ways, highway safety programs, and
Ms. COLLINS, Mr. TESTER, Ms. MUR-
shall reduce the amount of the unobligated
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) transit programs, and for other pur-
funding received by the State or local gov-
to the bill H.R. 3684, to authorize funds ernmental authority from amounts made poses; which was ordered to lie on the
for Federal-aid highways, highway available under subsection (a) by a percent- table; as follows:
safety programs, and transit programs, age equal to the percentage by which the At the end, add the following:
and for other purposes; which was or- State or local governmental authority re- DIVISION ll—MISCELLANEOUS
dered to lie on the table; as follows: duced the spending on public safety and law SEC. ll001. ETHANOL WAIVER.
enforcement activities. (a) REID VAPOR PRESSURE LIMITATION.—
At the appropriate place, insert the fol-
‘‘(B) ROLLOVER.—If there are insufficient Section 211(h) of the Clean Air Act (42 U.S.C.
lowing:
unobligated amounts described in subpara- 7545(h)) is amended—
SEC. lllll. FEDERAL SHARE.
graph (A) to make the full reduction re- (1) in paragraph (4)—
Notwithstanding any other provision of quired under that paragraph during a fiscal
law, the Federal share of the cost of any (A) in the matter preceding subparagraph
year, the Secretary shall, notwithstanding (A), by inserting ‘‘or more’’ after ‘‘10 per-
project or activity carried out with amounts any other provision of law, reduce the
made available under any division of this cent’’; and
amounts received by the State or local gov- (B) in subparagraph (C), by striking ‘‘addi-
Act shall not exceed 50 percent. ernmental authority from amounts made tional alcohol or’’; and
available under subsection (a) during the (2) in paragraph (5)(A), by inserting ‘‘or
SA 2338. Mr. SCOTT of Florida (for succeeding fiscal year in an amount nec-
himself, Mr. JOHNSON, Mr. TUBERVILLE, more’’ after ‘‘10 percent’’.
essary to make the full reduction required (b) EXISTING WAIVERS.—Section 211(f)(4) of
and Mrs. BLACKBURN) submitted an under that subparagraph for the previous fis- the Clean Air Act (42 U.S.C. 7545(f)(4)) is
amendment intended to be proposed to cal year. amended—
amendment SA 2137 proposed by Mr. ‘‘(2) USE OF WITHHELD FUNDS.—Amounts (1) by striking ‘‘The Administrator, upon’’
SCHUMER (for Ms. SINEMA (for herself, not made available to a State or local gov- and inserting the following:
ernmental authority as a result of a reduc-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(A) The Administrator, upon’’; and
tion under paragraph (1) shall be deposited in (2) by adding at the end the following:
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
the Treasury and used for Federal budget ‘‘(B) A fuel or fuel additive that has been
TESTER, Ms. MURKOWSKI, Mr. WARNER, deficit reduction or, if there is no Federal granted a waiver under subparagraph (A)
and Mr. ROMNEY)) to the bill H.R. 3684, budget deficit, for reducing the Federal debt prior to January 1, 2017, and meets all of the
to authorize funds for Federal-aid high- in such manner as the Secretary of the conditions of that waiver, other than the
ways, highway safety programs, and Treasury considers appropriate.’’. waiver’s limits for Reid Vapor Pressure, may
transit programs, and for other pur- be introduced into commerce if the fuel or
poses; which was ordered to lie on the SA 2340. Mr. DAINES (for himself, fuel additive meets all other applicable Reid
table; as follows: Mr. PADILLA, Mr. HOEVEN, and Mr. Vapor Pressure requirements.’’.
At the appropriate place, insert the fol- KING) submitted an amendment in-
lowing: SA 2342. Mr. KELLY (for himself and
tended to be proposed to amendment Mr. DAINES) submitted an amendment
SEC. lllll. INCREASES IN INFLATION. SA 2137 proposed by Mr. SCHUMER (for
(a) IN GENERAL.—None of the funds made intended to be proposed to amendment
Ms. SINEMA (for herself, Mr. PORTMAN, SA 2137 proposed by Mr. SCHUMER (for
available by this Act may be disbursed or ob-
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- Ms. SINEMA (for herself, Mr. PORTMAN,
ligated unless the Congressional Budget Of-
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
fice certifies, not later than 45 days after the Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
date of enactment of this Act, that such MURKOWSKI, Mr. WARNER, and Mr. ROM- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
funds would not result in an increase in any NEY)) to the bill H.R. 3684, to authorize
MURKOWSKI, Mr. WARNER, and Mr. ROM-
dlhill on DSK120RN23PROD with SENATE
fiscal year to the baseline forecast for the funds for Federal-aid highways, high- NEY)) to the bill H.R. 3684, to authorize
Consumer Price Index, All Urban Consumers way safety programs, and transit pro- funds for Federal-aid highways, high-
in the most recent 10-year economic outlook grams, and for other purposes; which
publication of the Congressional Budget Of- way safety programs, and transit pro-
was ordered to lie on the table; as fol- grams, and for other purposes; which
fice.
lows: was ordered to lie on the table; as fol-
(b) RESULT OF INCREASE.—If the Congres-
sional Budget Office does not make the cer- At the end of division G, add the following: lows:
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5743
At the appropriate place, insert the fol- (i) FEDERAL OWNED LAND.—In the case of a consistent with subchapter I of chapter 35 of
lowing: Federal Government-owned right-of-way or title 44, United States Code, the following:
SEC. ll. ACCELERATING RURAL BROADBAND structure located in a right-of-way located (A) The name or unique identifier of each
DEPLOYMENT ACT. on Federal land, the Executive agency hav- entity submitting an application under para-
(a) SHORT TITLE.—This section may be ing control of the right-of-way or structure graph (2) with respect to which the Execu-
cited as the ‘‘Accelerating Rural Broadband shall consult with the owner of the Federal tive agency is the Executive agency having
Deployment Act’’. land on whether to approve a request for a li- control over the applicable right-of-way or
(b) ACCESS TO FEDERAL RIGHTS-OF-WAY FOR cense under this paragraph. structure in the right-of-way.
BUILD OUT OF BROADBAND SERVICE.— (ii) TRIBAL LAND.—In the case of a Federal (B) The date on which each application de-
(1) DEFINITIONS.—In this subsection: Government-owned right-of-way or structure scribed in subparagraph (A) was submitted to
(A) BROADBAND SERVICE.—The term the Executive agency.
located in a right-of-way located on Tribal
‘‘broadband service’’ means— (C) The status of each application de-
land or held by the Federal Government for
(i) any service that has the capacity to scribed in subparagraph (A), including—
the benefit of an Indian Tribe, the Executive
transmit data to enable users or devices to (i) if the application has been granted, any
agency having control of the right-of-way or
originate and receive high-quality voice, accompanying information, including the pe-
structure shall consult and receive consent
data, graphics, and video; riod during which the applicant will have ac-
(ii) any service by wire or radio that pro- from the Indian Tribe, as otherwise required
by law, before determining whether to ap- cess to the applicable right-of-way or struc-
vides the capability to transmit data to, and ture;
receive data from, all or substantially all prove a request for a license under this para-
graph. (ii) if the application has been granted sub-
internet endpoints— ject to conditions, any accompanying infor-
(I) including any capabilities that are inci- (F) AUTOMATIC DENIAL.—In the case of a re-
quest for access under subparagraph (A) by a mation, including the conditions that the ap-
dental to, and enable the operation of, the
person, firm, or organization, the Executive plicant is required to satisfy in order for the
service; and
agency having control of the right-of-way Executive agency to grant the application;
(II) excluding dial-up internet access serv-
shall deny the request if the person, firm, or and
ice; or
organization is determined by the head of (iii) if the application has been denied, the
(iii) any service that is the functional
the Executive agency to— written record and statement required under
equivalent of a service described in clause (i)
(i) be a risk to national security under the paragraph (3)(B).
or (ii).
(B) EXECUTIVE AGENCY.—The term ‘‘Execu- Secure and Trusted Communications Net-
tive agency’’— works Act of 2019 (47 U.S.C. 1601 et seq.); or SA 2343. Mr. CASSIDY submitted an
(i) has the meaning given the term in sec- (ii) otherwise pose a threat to national se- amendment intended to be proposed to
tion 105 of title 5, United States Code; and curity. amendment SA 2137 proposed by Mr.
(ii) does not include the Department of De- (G) RULE OF CONSTRUCTION.—Nothing in SCHUMER (for Ms. SINEMA (for herself,
fense, except for the Army Corps of Engi- this subsection shall be construed to exempt
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
neers. an Executive agency from the requirements
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(C) RIGHT-OF-WAY OWNED BY THE FEDERAL of division A of subtitle III of title 54, United
GOVERNMENT.—The term ‘‘right-of-way States Code, or the National Environmental TESTER, Ms. MURKOWSKI, Mr. WARNER,
owned by the Federal Government’’ means a Policy Act of 1969 (42 U.S.C. 4321 et seq.). and Mr. ROMNEY)) to the bill H.R. 3684,
right-of-way held by a Federal agency across (3) TIMELY CONSIDERATION OF APPLICA- to authorize funds for Federal-aid high-
land owned by another person or entity. TIONS.— ways, highway safety programs, and
(2) ACCESS.— (A) IN GENERAL.—Not later than 180 days transit programs, and for other pur-
(A) IN GENERAL.—If an Executive agency, a after the date on which an Executive agency poses; which was ordered to lie on the
State, a political subdivision or agency of a receives a completed application under para-
table; as follows:
State, an Indian tribal government, or a per- graph (2), the Executive agency shall—
son, firm, or organization requests access to (i) on behalf of the Federal Government, On page 442, strike lines 24 and 25 and in-
a right-of-way owned by the Federal Govern- grant the application, grant the application sert the following:
ment, or an instrumentality thereof, or to a subject to conditions, or deny the applica- Route 22 in the vicinity of Holly Springs,
structure owned by the Federal Government, tion; and Mississippi.
or an instrumentality thereof, in any right- (ii) notify the applicant of the decision of ‘‘(99) The Central Louisiana Corridor com-
of-way, in order to place, construct, modify, the Executive agency under clause (i). mencing at the logical terminus of Louisiana
or operate facilities for the provision of (B) EXPLANATION OF DENIAL.—If an Execu- Highway 8 at the Sabine River Bridge at
broadband service, the Executive agency tive agency denies an application under this Burrs Crossing and generally following por-
having control of the right-of-way or struc- subsection, the Executive agency shall no- tions of Louisiana Highway 8 to Leesville,
ture in the right-of-way may grant to the ap- tify the applicant in writing of such denial, Louisiana, and then eastward on Louisiana
plicant, on behalf of the Federal Govern- which shall— Highway 28, passing in the vicinity of Alex-
ment, a license of occupancy authorizing the (i) be supported by substantial evidence andria, Pineville, Walters, and Archie, to the
deployment of all equipment required to de- contained in a written record; and logical terminus of United States Route 84 at
ploy broadband service. (ii) include a clear statement of the rea- the Mississippi River Bridge at Vidalia, Lou-
(B) DURATION.— A license of occupancy sons for the denial. isiana.’’.
issued under this subsection shall be issued (C) PUBLIC RELEASE OF RECORD.—The writ- On page 443, line 8, strike ‘‘and subsection
with a duration of not less than 30 years and ten record described in subparagraph (B)(i) (c)(97)’’ and insert ‘‘, subsection (c)(97), and
may be renewed for additional periods of like shall be made available to the public— subsection (c)(99)’’.
duration. (i) on the date on which the written notifi- On page 443, line 14, insert ‘‘The route re-
(C) APPLICATION FEE.—Each Executive cation is provided to the applicant under ferred to in subsection (c)(99) is designated as
agency shall establish an application fee to subparagraph (B); and Interstate Route I–14, and the State of Lou-
be paid upon submission of a request for ac- (ii) in a manner consistent with section 552 isiana shall erect signs, as appropriate and
cess under subparagraph (A). of title 5, United States Code (commonly as approved by the Secretary, identifying
(D) LICENSE FEE.— known as the ‘‘Freedom of Information such route as future Interstate Route I–14.’’
(i) IN GENERAL.—Subject to clause (ii), each Act’’) and other related provisions of law. after ‘‘I–365.’’.
Executive agency shall establish an annual (D) AUTOMATIC GRANT OF REQUEST.—If an
license fee for a license of occupancy issued Executive agency fails to act on a request re- SA 2344. Mr. THUNE submitted an
under this paragraph. ceived under paragraph (2) by the end of the amendment intended to be proposed to
(ii) FEE CALCULATION.—The fee established 180-day period described in subparagraph (A), amendment SA 2137 proposed by Mr.
under clause (i) shall be— the application shall be considered granted.
(I) not more than the costs of the Execu- (4) REQUIREMENT.—Any regulation issued
SCHUMER (for Ms. SINEMA (for herself,
tive agency directly related to processing a by an Executive agency governing manage- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
license of occupancy application and main- ment of access to a Federal right-of-way or SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
taining or managing the right-of-way or an Federal structure in a right-of-way under TESTER, Ms. MURKOWSKI, Mr. WARNER,
occupied structure in the right-of-way; and this section shall— and Mr. ROMNEY)) to the bill H.R. 3684,
(II) objectively reasonable. (A) be competitively and technologically to authorize funds for Federal-aid high-
(iii) ADJUSTMENTS.— An annual license fee neutral; and ways, highway safety programs, and
dlhill on DSK120RN23PROD with SENATE
established under this subparagraph may be (B) apply to all providers of broadband transit programs, and for other pur-
adjusted, not more frequently than once service on a competitively neutral and non-
every 6 years, to reflect changes in the costs discriminatory basis.
poses; which was ordered to lie on the
of the Executive agency, as calculated in ac- (5) EXECUTIVE AGENCY WEBSITE REQUIRE- table; as follows:
cordance with clause (ii), upon renewal of MENTS.—The head of each Executive agency Beginning on page 2168, strike line 14 and
such license. shall make publicly available on the website all that follows through page 2169, line 8, and
(E) CONSULTATIONS.— of the Executive agency, in a manner that is insert the following:
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S5744 CONGRESSIONAL RECORD — SENATE August 3, 2021
(5) EXTENSIONS.—At the request of an eligi- transit programs, and for other pur- (2) the Coronavirus Aid, Relief, and Eco-
ble entity, the Assistant Secretary may ex- poses; which was ordered to lie on the nomic Security Act (Public Law 116–136);
tend the buildout deadline under paragraph table; as follows: (3) the Paycheck Protection Program and
(2) by not more than 1 year if the eligible en- Health Care Enhancement Act (Public Law
At the appropriate place in division I, in-
tity certifies that— 116-139);
sert the following:
(A) the eligible entity has a plan for use of (4) the Consolidated Appropriations Act,
SEC. 90lll. FUNDING FOR EVACUATION
the middle mile grant; ROUTES.
2021 (Public Law 116–260); and
(B) the project to build out middle mile in- (5) the American Rescue Plan Act of 2021
Notwithstanding any other provision of
frastructure is underway; or (Public Law 117–2).
this Act, of the total amount of funds made
(C) extenuating circumstances require an
available for each fiscal year to carry out
extension of time to allow completion of the
this Act and the amendments made by this
SA 2350. Mr. KENNEDY submitted an
project to build out middle mile infrastruc- amendment intended to be proposed to
Act, 5 percent shall be used to carry out eli-
ture. amendment SA 2137 proposed by Mr.
gible projects on roads classified by 1 or
more States as hurricane or other natural SCHUMER (for Ms. SINEMA (for herself,
SA 2345. Mr. RUBIO submitted an disaster evacuation routes. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
amendment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
amendment SA 2137 proposed by Mr. SA 2348. Mr. KENNEDY submitted an TESTER, Ms. MURKOWSKI, Mr. WARNER,
SCHUMER (for Ms. SINEMA (for herself, amendment intended to be proposed to and Mr. ROMNEY)) to the bill H.R. 3684,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment SA 2137 proposed by Mr. to authorize funds for Federal-aid high-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SCHUMER (for Ms. SINEMA (for herself, ways, highway safety programs, and
TESTER, Ms. MURKOWSKI, Mr. WARNER, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- transit programs, and for other pur-
and Mr. ROMNEY)) to the bill H.R. 3684, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
poses; which was ordered to lie on the
to authorize funds for Federal-aid high- TESTER, Ms. MURKOWSKI, Mr. WARNER, table; as follows:
ways, highway safety programs, and and Mr. ROMNEY)) to the bill H.R. 3684,
Strike section 24220.
transit programs, and for other pur- to authorize funds for Federal-aid high-
poses; which was ordered to lie on the ways, highway safety programs, and SA 2351. Mr. HAGERTY submitted an
table; as follows: transit programs, and for other pur- amendment intended to be proposed to
On page 2491, between lines 16 and 17, insert poses; which was ordered to lie on the amendment SA 2137 proposed by Mr.
the following: table; as follows: SCHUMER (for Ms. SINEMA (for herself,
SOUTH FLORIDA ECOSYSTEM RESTORATION In title VII of division B, add at the end Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
For an additional amount for South Flor- the following: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ida ecosystem restoration, $5,000,000,000, to SEC. 27005. REPORT ON NATIONAL CENTER OF
EXCELLENCE FOR LIQUEFIED NAT- TESTER, Ms. MURKOWSKI, Mr. WARNER,
remain available until expended: Provided, and Mr. ROMNEY)) to the bill H.R. 3684,
URAL GAS.
That the amounts made available under this
heading in this Act shall be used to under- Section 111(c)(1) of the PIPES Act of 2020 to authorize funds for Federal-aid high-
take work authorized to be carried out by (Public Law 116–260) is amended, in the mat- ways, highway safety programs, and
law: Provided further, That the amounts ter preceding subparagraph (A), by striking transit programs, and for other pur-
made available under this heading in this ‘‘18 months’’ and inserting ‘‘1 year’’. poses; which was ordered to lie on the
Act shall be appropriated from amounts in
SA 2349. Mr. KENNEDY submitted an table; as follows:
the Treasury not otherwise appropriated: Strike section 22212.
Provided further, That such amount is des- amendment intended to be proposed to
ignated by the Congress as being for an amendment SA 2137 proposed by Mr.
SA 2352. Mr. HAGERTY submitted an
emergency requirement pursuant to section SCHUMER (for Ms. SINEMA (for herself,
amendment intended to be proposed to
4112(a) of H. Con. Res. 71 (115th Congress), the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
amendment SA 2137 proposed by Mr.
concurrent resolution on the budget for fis- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
cal year 2018, and to section 251(b) of the Bal- SCHUMER (for Ms. SINEMA (for herself,
TESTER, Ms. MURKOWSKI, Mr. WARNER,
anced Budget and Emergency Deficit Control Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
and Mr. ROMNEY)) to the bill H.R. 3684,
Act of 1985. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
to authorize funds for Federal-aid high-
TESTER, Ms. MURKOWSKI, Mr. WARNER,
SA 2346. Ms. ERNST submitted an ways, highway safety programs, and
and Mr. ROMNEY)) to the bill H.R. 3684,
amendment intended to be proposed to transit programs, and for other pur-
to authorize funds for Federal-aid high-
amendment SA 2137 proposed by Mr. poses; which was ordered to lie on the
ways, highway safety programs, and
SCHUMER (for Ms. SINEMA (for herself, table; as follows:
transit programs, and for other pur-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- At the appropriate place in division I, in-
sert the following:
poses; which was ordered to lie on the
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. table; as follows:
SEC. ll. USE OF CERTAIN FUNDS.
TESTER, Ms. MURKOWSKI, Mr. WARNER, (a) USE OF FUNDS.—Notwithstanding any At the end of subtitle A of title IV of divi-
and Mr. ROMNEY)) to the bill H.R. 3684, other provision of law, any amount made sion B, add the following:
to authorize funds for Federal-aid high- available to a State or local governmental SEC. 241ll. SAFETY INCENTIVES TO PREVENT
ways, highway safety programs, and entity under any COVID–19 relief legislation, OPERATION OF MOTOR VEHICLES
transit programs, and for other pur- including any amendment made by any such BY INTOXICATED PERSONS.
poses; which was ordered to lie on the legislation, that remains unobligated after Section 163(e) of title 23, United States
September 30, 2021, may be used by such Code, is amended—
table; as follows: (1) by redesignating paragraph (3) as para-
State or local government for any purpose,
At the appropriate place in title XII of di- including infrastructure, subject to sub- graph (4); and
vision D, insert the following: section (b). (2) by inserting after paragraph (2) the fol-
SEC. 412ll. PROHIBITION ON CLEAN ENERGY (b) RESTRICTIONS.— lowing:
MANDATES. (1) APPLICATION OF CERTAIN RESTRICTIONS.— ‘‘(3) FISCAL YEAR 2022 AND THEREAFTER.—
No Federal agency may establish a clean Any amount appropriated pursuant to any ‘‘(A) RESERVATION OF FUNDS.—On October
energy mandate if the clean energy mandate COVID–19 relief legislation, including any 1, 2021, and each October 1 thereafter, if a
would result in higher energy prices for tax- amendment made by any such legislation, State is, or includes a political subdivision
payers or small businesses in the United shall be subject to the requirements con- that is, a sanctuary jurisdiction, the Sec-
States. tained in Public Law 116–260 for funds for retary shall withhold an amount equal to 10
programs authorized under sections 330 percent of the amounts to be apportioned to
SA 2347. Mr. KENNEDY submitted an through 340 of the Public Health Service Act the State on that date under each of para-
amendment intended to be proposed to (42 U.S.C. 254b through 256). graphs (1) and (2) of section 104(b).
amendment SA 2137 proposed by Mr. (2) UNDERFUNDED STATE PENSION PLANS.— ‘‘(B) DEFINITION OF SANCTUARY JURISDIC-
SCHUMER (for Ms. SINEMA (for herself, No amounts described in subsection (a) may TION.—
dlhill on DSK120RN23PROD with SENATE
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- be used to fund an underfunded State pen- ‘‘(i) IN GENERAL.—Except as provided under
sion plan subparagraph (ii), for purposes of this para-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(c) COVID–19 RELIEF LEGISLATION.—For graph, the term ‘sanctuary jurisdiction’
TESTER, Ms. MURKOWSKI, Mr. WARNER, purposes of this section, the term ‘‘COVID–19 means any State or political subdivision of a
and Mr. ROMNEY)) to the bill H.R. 3684, relief legislation’’ includes— State that has in effect a statute, ordinance,
to authorize funds for Federal-aid high- (1) the Families First Coronavirus Re- policy, or practice that prohibits or restricts
ways, highway safety programs, and sponse Act (Public Law 116–127); any government entity or official from—
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5745
‘‘(I) sending, receiving, maintaining, or ex- (2) DISCLOSURES.— influence, any communication to or appear-
changing with any Federal, State, or local (A) IN GENERAL.—Except as provided in ance before any officer or employee of any
government entity information regarding subparagraph (C), any officer or employee in department, agency, court, or court-martial
the citizenship or immigration status (lawful the executive or legislative branch shall dis- of the United States, on behalf of any person
or unlawful) of an individual who is con- close and, in the case of a written commu- with which the former officer or employee
victed of violating laws that prohibit the op- nication, make available for public inspec- personally and substantially participated in
eration of motor vehicles by intoxicated per- tion, on a public website in accordance with such communication under subparagraph
sons; or subparagraph (D), any communication by (A).
‘‘(II) complying with a request lawfully that officer or employee with a provider of (G) PENALTIES.—Any person who violates
made by the Department of Homeland Secu- an interactive computer service regarding subparagraph (A), (B), (C), or (F) shall be
rity under section 236 or 287 of the Immigra- action or potential action by the provider to punished as provided in section 216 of title
tion and Nationality Act (8 U.S.C. 1226 and restrict access to or the availability of, bar 18, United States Code.
1357) to comply with a detainer for, or notify or limit access to, or decrease the dissemina-
about the release of, an individual who is tion or visibility to users of, material posted SA 2354. Mr. VAN HOLLEN (for him-
convicted of violating laws that prohibit the by another information content provider, self, Mr. ROUNDS, Ms. ERNST, and Mr.
operation of motor vehicles by intoxicated whether the action is or would be carried out KELLY) proposed an amendment to
persons. manually or through use of an algorithm or amendment SA 2137 proposed by Mr.
‘‘(ii) EXCEPTION.—A State or political sub- other automated or semi-automated process.
SCHUMER (for Ms. SINEMA (for herself,
division of a State shall not be deemed a (B) TIMING.—The disclosure required under
subparagraph (A) shall be made not later Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
sanctuary jurisdiction based solely on the
than 7 days after the date on which the com- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
State or political subdivision having a policy
under which officials of the State or political munication is made. TESTER, Ms. MURKOWSKI, Mr. WARNER,
subdivision will not share information re- (C) LEGITIMATE LAW ENFORCEMENT AND NA- and Mr. ROMNEY)) to the bill H.R. 3684,
garding, or comply with a request made by TIONAL SECURITY PURPOSES.— to authorize funds for Federal-aid high-
the Department of Homeland Security under (i) IN GENERAL.—Any communication for a ways, highway safety programs, and
section 236 or 287 of the Immigration and Na- legitimate law enforcement purpose or na- transit programs, and for other pur-
tionality Act (8 U.S.C. 1226 and 1357) to com- tional security purpose shall be disclosed poses; as follows:
ply with a detainer regarding, an individual and, in the case of a written communication,
made available for inspection, to each House At the end of title II of division A, add the
who comes forward as a victim or a witness following:
to a criminal offense.’’. of Congress.
(ii) TIMING.—The disclosure required under SEC. 12lll. FEDERAL REQUIREMENTS FOR
TIFIA ELIGIBILITY AND PROJECT SE-
SA 2353. Mr. HAGERTY submitted an clause (i) shall be made not later than 60 LECTION.
days after the date on which the communica-
amendment intended to be proposed to (a) IN GENERAL.—Section 602(c) of title 23,
tion is made.
amendment SA 2137 proposed by Mr. United States Code, is amended by adding at
(iii) RECEIPT.—Upon receipt, each House
SCHUMER (for Ms. SINEMA (for herself, the end the following:
shall provide copies to the chairman and
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(3) PAYMENT AND PERFORMANCE SECU-
ranking member of each standing committee
RITY.—
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. with jurisdiction under the rules of the Sen-
‘‘(A) IN GENERAL.—The Secretary shall en-
TESTER, Ms. MURKOWSKI, Mr. WARNER, ate or the House of Representatives regard-
sure that the design and construction of a
and Mr. ROMNEY)) to the bill H.R. 3684, ing the subject matter to which the commu-
project carried out with assistance under the
nication pertains. Such information shall be
to authorize funds for Federal-aid high- TIFIA program shall have appropriate pay-
deemed the property of such committee and
ways, highway safety programs, and may not be disclosed except—
ment and performance security, regardless of
transit programs, and for other pur- whether the obligor is a State, local govern-
(I) in accordance with the rules of the com-
poses; which was ordered to lie on the mittee; ment, agency or instrumentality of a State
table; as follows: (II) in accordance with the rules of the or local government, public authority, or
Senate and the House of Representatives; private party.
At the appropriate place, insert the fol- ‘‘(B) WRITTEN DETERMINATION.—If payment
lowing: and
(III) as permitted by law. and performance security is required to be
SEC. lllll. ENSURING DISCLOSURE OF ADVO- furnished by applicable State or local stat-
CACY BY FEDERAL OFFICERS AND (D) WEBSITE.—
(i) LEGISLATIVE BRANCH.—The Sergeant at ute or regulation, the Secretary may accept
EMPLOYEES FOR RESTRICTING AC-
CESS TO MATERIAL POSTED BY IN- Arms of the Senate and the Sergeant at such payment and performance security re-
FORMATION CONTENT PROVIDERS. Arms of the House of Representatives shall quirements applicable to the obligor if the
(a) RESTRICTION.—None of the amounts designate a single location on an internet Federal interest with respect to Federal
made available under this Act or an amend- website where the disclosures and commu- funds and other project risk related to design
ment made by this Act may be expended by nications of employees and officers in the and construction is adequately protected.
an agency, office, or other establishment legislative branch shall be published in ac- ‘‘(C) NO DETERMINATION OR APPLICABLE RE-
within the executive or legislative branch of cordance with subparagraph (A). QUIREMENTS.—If there are no payment and
the Federal Government if an officer or em- (ii) EXECUTIVE BRANCH.—The Director of performance security requirements applica-
ployee of the agency, office, or other estab- the Office of Management and Budget shall ble to the obligor, the security under section
lishment violates subparagraph (A), (B), or designate a single location on an internet 3131(b) of title 40 or an equivalent State or
(C) of subsection (b)(2). website where the disclosures and commu- local requirement, as determined by the Sec-
(b) REQUIRED DISCLOSURES.— nications of employees and officers in the ex- retary, shall be required.’’.
(1) DEFINITIONS.—In this subsection: ecutive branch shall be published in accord- (b) APPLICABILITY.—The amendments made
(A) INFORMATION CONTENT PROVIDER; INTER- ance with subparagraph (A). by this section shall apply with respect to
ACTIVE COMPUTER SERVICE.—The terms ‘‘in- (E) NOTICE.—The Sergeant at Arms of the any agreement for credit assistance entered
formation content provider’’ and ‘‘inter- Senate, the Sergeant at Arms of the House of into on or after the date of enactment of this
active computer service’’ have the meanings Representatives, and the Director of the Of- Act.
given the terms in section 230 of the Commu- fice of Management and Budget shall take
SA 2355. Ms. ERNST submitted an
nications Act of 1934 (47 U.S.C. 230). reasonable steps to ensure that each officer
(B) LEGITIMATE LAW ENFORCEMENT PUR- and employee of the legislative branch and amendment intended to be proposed to
POSE.—The term ‘‘legitimate law enforce- executive branch, as applicable, is informed amendment SA 2137 proposed by Mr.
ment purpose’’ means for the purpose of in- of the duties imposed by this paragraph. SCHUMER (for Ms. SINEMA (for herself,
vestigating a criminal offense by a law en- (F) CONFLICTS OF INTEREST.—Any person Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
forcement agency that is within the lawful who is a former officer or employee of the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
authority of that agency. executive branch of the United States (in- TESTER, Ms. MURKOWSKI, Mr. WARNER,
(C) NATIONAL SECURITY PURPOSE.—The term cluding any independent agency) or any per- and Mr. ROMNEY)) to the bill H.R. 3684,
‘‘national security purpose’’ means a purpose son who is a former officer or employee of to authorize funds for Federal-aid high-
that relates to— the legislative branch or a former Member of
ways, highway safety programs, and
(i) intelligence activities; Congress, who personally and substantially
(ii) cryptologic activities related to na- participated in any communication under transit programs, and for other pur-
poses; which was ordered to lie on the
dlhill on DSK120RN23PROD with SENATE
tional security; subparagraph (A) while serving as an officer,
(iii) command and control of military employee, or Member of Congress, shall not, table; as follows:
forces; within 2 years after any such communication At the appropriate place, insert the fol-
(iv) equipment that is an integral part of a under subparagraph (A) or 1 year after termi- lowing:
weapon or weapons system; or nation of his or her service as an officer, em- SEC. ll. PROHIBITION ON USE OF FUNDS.
(v) the direct fulfillment of military or in- ployee, or Member of Congress, whichever is Notwithstanding any other provision of
telligence missions. later, knowingly make, with the intent to this Act, none of the funds appropriate or
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S5746 CONGRESSIONAL RECORD — SENATE August 3, 2021
otherwise made available under this Act may Act (29 U.S.C. 3197(d)) who successfully com- 7303(f)(6)) is amended by striking ‘‘for each of
be provided to any State in which the gov- pleted a training program focused on for- fiscal years 2019 through 2023’’ and inserting
ernor of such State has been found, by the estry, wildland firefighting, or another topic ‘‘for fiscal year 2021 and each fiscal year
relevant State or Federal authorities, to relating to the mission of the Forest Serv- thereafter’’.
have sexually harassed employees while ice.’’; and
holding the position of governor. (2) in subsection (c)— SA 2361. Mr. MERKLEY submitted an
(A) by striking the period at the end and amendment intended to be proposed to
SA 2356. Mr. MERKLEY submitted an inserting a semicolon; amendment SA 2137 proposed by Mr.
amendment intended to be proposed to (B) by striking ‘‘date on which the can- SCHUMER (for Ms. SINEMA (for herself,
amendment SA 2137 proposed by Mr. didate’’ and inserting the following: ‘‘date on Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
SCHUMER (for Ms. SINEMA (for herself, which— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(1) in the case of a qualified candidate de-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- TESTER, Ms. MURKOWSKI, Mr. WARNER,
scribed in subsection (b)(1), the candidate’’;
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Mr. ROMNEY)) to the bill H.R. 3684,
and
TESTER, Ms. MURKOWSKI, Mr. WARNER, (C) by adding at the end the following: to authorize funds for Federal-aid high-
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(2) in the case of a qualified candidate de- ways, highway safety programs, and
to authorize funds for Federal-aid high- scribed in subsection (b)(2), the later of— transit programs, and for other pur-
ways, highway safety programs, and ‘‘(A) the candidate successfully fulfilled poses; which was ordered to lie on the
transit programs, and for other pur- the requirements described in subsection table; as follows:
poses; which was ordered to lie on the (b)(2)(A); or On page 2463, line 12, strike ‘‘$500,000,000,’’
‘‘(B) the candidate earned a diploma or and insert ‘‘$1,000,000,000,’’.
table; as follows:
competed a program described in subsection
On page 2059, between lines 9 and 10, insert (b)(2)(B); or SA 2362. Mr. WYDEN (for himself,
the following: ‘‘(3) in the case of a qualified candidate de- Mrs. MURRAY, Mr. PETERS, Mr.
(C) PRIORITY FOR PROJECTS THAT USE COM- scribed in subsection (b)(3), the candidate
PONENTS FROM DOMESTICALLY MANUFACTURED
PADILLA, and Mr. BENNET) submitted
graduated from the Civilian Conservation an amendment intended to be proposed
SOURCES.—In addition to the prioritization Center.’’.
required under subparagraph (A), an eligible to amendment SA 2137 proposed by Mr.
entity, in awarding subgrants for the deploy- SA 2358. Ms. ROSEN (for herself and SCHUMER (for Ms. SINEMA (for herself,
ment of a broadband network using grant Mr. RISCH) submitted an amendment Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
funds received under this section, as author- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
intended to be proposed to amendment
ized under subsection (f)(1), shall give pri- TESTER, Ms. MURKOWSKI, Mr. WARNER,
ority to projects that incorporate broadband SA 2137 proposed by Mr. SCHUMER (for
Ms. SINEMA (for herself, Mr. PORTMAN, and Mr. ROMNEY)) to the bill H.R. 3684,
componentry, including radio frequency in-
tegrated circuits, from domestically manu- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- to authorize funds for Federal-aid high-
factured sources. HEEN, Ms. COLLINS, Mr. TESTER, Ms. ways, highway safety programs, and
MURKOWSKI, Mr. WARNER, and Mr. ROM- transit programs, and for other pur-
SA 2357. Mr. MERKLEY submitted an NEY)) to the bill H.R. 3684, to authorize poses; which was ordered to lie on the
amendment intended to be proposed to funds for Federal-aid highways, high- table; as follows:
amendment SA 2137 proposed by Mr. way safety programs, and transit pro- At the appropriate place, insert the fol-
SCHUMER (for Ms. SINEMA (for herself, grams, and for other purposes; which lowing:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- was ordered to lie on the table; as fol- TITLE ll—STATE AND LOCAL DIGITAL
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SERVICE
lows:
TESTER, Ms. MURKOWSKI, Mr. WARNER, On page 60, line 22, insert ‘‘wildfires,’’ after SEC. llllll1. SHORT TITLE.
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘flooding,’’. This title may be cited as the ‘‘State and
to authorize funds for Federal-aid high- Local Digital Service Act of 2021’’.
SA 2359. Mr. MERKLEY submitted an SEC. llllll2. DEFINITIONS.
ways, highway safety programs, and
amendment intended to be proposed to In this title—
transit programs, and for other pur- (1) the term ‘‘Administrator’’ means the
poses; which was ordered to lie on the amendment SA 2137 proposed by Mr.
SCHUMER (for Ms. SINEMA (for herself, Administrator of General Services;
table; as follows: (2) the term ‘‘digital service agreement’’
At the end of title VIII of division D, add Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- means a grant awarded or a cooperative
the following: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. agreement or memorandum of agreement en-
SEC. 408ll. FOREST SERVICE HIRE AUTHORITY. TESTER, Ms. MURKOWSKI, Mr. WARNER, tered into under section lllll3;
Section 12518 of the Agriculture Improve- and Mr. ROMNEY)) to the bill H.R. 3684, (3) the term ‘‘digital service team’’ means
ment Act of 2018 (16 U.S.C. 1725b) is amend- to authorize funds for Federal-aid high- a team of employees of an eligible applicant
ed— ways, highway safety programs, and that extends existing software development
(1) in subsection (b)— transit programs, and for other pur- capacity and directly supports and improves
(A) in paragraph (3), by striking the period poses; which was ordered to lie on the service delivery, focusing on user-centered
at the end and inserting a semicolon; design and development practices through
(B) by redesignating paragraphs (1)
table; as follows: the use of modern product development tech-
On page 2463, line 13, insert ‘‘notwith-
through (3) as subparagraphs (A) through (C), niques, such as—
standing any other provision of law, if local
respectively, and indenting appropriately; (A) user research and design;
matching funds are required for a project for
(C) in the matter preceding subparagraph (B) incremental and iterative outcome
which amounts made available under this
(A) (as so redesignated)— driven delivery practices; and
paragraph in this Act are provided and the
(i) by striking ‘‘Land’’ and inserting (C) procurement and funding practices for
total Federal contribution to the project
‘‘Lands’’; and software development that rely on outcome-
does not exceed $25,000,000, the local match-
(ii) by striking ‘‘applies to a former re- driven, modular contracts;
ing funds required for the project may not
source assistant’’ and inserting the fol- (4) the term ‘‘eligible applicant’’ means a
exceed 10 percent of the total cost of the
lowing: ‘‘applies to— State, eligible tribal government, or unit of
project: Provided further, That’’ after ‘‘That’’.
‘‘(1) a former resource assistant’’; and local government, or any instrument there-
(D) by adding at the end the following: SA 2360. Mr. MERKLEY submitted an of;
‘‘(2) except as provided in paragraph (1), a (5) the term ‘‘eligible tribal government’’
amendment intended to be proposed by
former participant in the Public Lands Corps means the recognized governing body of any
program established by section 204 of the him to the bill H.R. 3684, to authorize Indian or Alaska Native tribe, band, nation,
Public Lands Corps Act of 1993 (16 U.S.C. funds for Federal-aid highways, high- pueblo, village, community, component
1723) who— way safety programs, and transit pro- band, or component reservation, individually
‘‘(A) successfully fulfilled the requirements grams, and for other purposes; which identified (including parenthetically) in the
of a qualified candidate and program partici- was ordered to lie on the table; as fol- list published most recently as of the date of
pation; and lows: enactment of this Act pursuant to section
dlhill on DSK120RN23PROD with SENATE
‘‘(B) earned a high school diploma or equiv- At the end of title VIII of division D, add 104 of the Federally Recognized Indian Tribe
alent diploma of completion, or completed a the following: List Act of 1994 (25 U.S.C. 5131);
workforce development training program; SEC. 408ll. PERMANENT REAUTHORIZATION OF (6) the term ‘‘specialized or technical serv-
and COLLABORATIVE FOREST LAND- ices’’ means statistical and other studies and
‘‘(3) a graduate of a Civilian Conservation SCAPE RESTORATION PROGRAM. compilations, development projects, tech-
Center program described in section 147(d) of Section 4003(f)(6) of the Omnibus Public nical tests and evaluations, technical infor-
the Workforce Innovation and Opportunity Land Management Act of 2009 (16 U.S.C. mation, training activities, surveys, reports,
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5747
documents, products, platforms, and other (d) PLANNING SUPPORT.—In addition to the percent for digital service agreements with
similar services; digital service agreement criteria under sub- eligible tribal governments.
(7) the term ‘‘State’’ has the meaning section (b), the Administrator shall, to the (i) CONSULTATION AND PUBLIC ENGAGE-
given that term in section 549(a) of title 40, greatest extent possible, minimize the bur-
MENT.—In carrying out this title, the Admin-
United States Code; den on eligible applicants in the develop-
istrator shall conduct ongoing collaboration
(8) the term ‘‘underserved or disadvantaged ment of proposals for a digital service agree-
community’’ means— and consultation with—
ment, including by providing direct tech-
(A) a low-income community; (1) the Administrator of the United States
nical assistance to eligible applicants in the
(B) a community of color; Digital Service;
preparation applications for digital service
(C) a Tribal community; (2) State agencies and governors of States
agreements.
(D) a rural community; (or equivalent officials);
(e) SUPPLEMENT NOT SUPPLANT.—Any
(E) aging individuals; (3) national, State, local, and Tribal orga-
awards made as part of a digital service
(F) individuals with disabilities; nizations that have digital service teams or
agreement with an eligible applicant shall
(G) individuals with a language barrier, in- that have particular experience with pro-
supplement, not supplant, other Federal,
cluding individuals who— viding digital services for underserved or dis-
State, local, or Tribal funds that are avail-
(i) are English learners; or advantaged communities;
able to the eligible applicant to carry out ac-
(ii) have low levels of literacy; (4) researchers, academics, and philan-
tivities described in this section.
(H) veterans; or thropic organizations;
(f) LIMITATIONS.— (5) industry stakeholders that have dem-
(I) any other community that the Adminis- (1) TERM.—A digital service agreement
trator determines is disproportionately vul- onstrated experience in designing, devel-
shall have a term of not longer than 5 years, oping, and supporting digital services team
nerable to, or bears a disproportionate bur- unless the Administrator determines that a
den of, any combination of economic, social, and modern technology service delivery
longer term is warranted to ensure signifi- projects on behalf of public sector clients;
environmental, or climate stressors; and cant return on investment or the adoption of
(9) the term ‘‘unit of local government’’ and
innovative practices to meet the require- (6) other agencies, organizations, entities,
means a city, county, township, town, bor- ments of the eligible applicant.
ough, parish, village, or other general pur- and community stakeholders as determined
(2) AMOUNT.—A digital service agreement appropriate by the Administrator.
pose political subdivision of a State. may not exceed $10,000,000, unless the Admin-
SEC. llllll3. DIGITAL SERVICE AGREEMENT. istrator determines that a greater amount is (j) SPENDING LIMITATIONS.—An eligible ap-
(a) IN GENERAL.—The Administrator, in likely to provide a significant return on in- plicant may use amounts received under a
consultation with the Administrator of the vestment or the adoption of innovative prac- digital service agreement for salaries and
United States Digital Service, shall establish tices to meet the requirements of the eligi- benefits of members of a digital service team
a Digital Service Agreement Program, under ble applicant. and other costs related to establishing or en-
which the Administrator shall award grants (3) CONGRESSIONAL NOTIFICATION.—Not later suring the capacity and continuity of a dig-
to, or enter into cooperative agreements or than 30 days before the Administrator exe- ital service team.
memoranda of agreements with, eligible ap- cutes or modifies a digital services agree-
plicants in accordance with the requirements SEC. llllll4. REPORTING AND EVALUATION.
ment that would result in a term in excess of
of this section for the purpose of planning, the maximum term specified under para- (a) IN GENERAL.—The Administrator shall
establishing, or supporting a digital service graph (1) or exceed the maximum amount require quarterly progress reports from eligi-
team or supporting digital services collabo- specified under paragraph (2), the Adminis-
ration between digital service teams to im- ble applicants awarded or entering into a
trator shall submit to the Committee on Ap- digital service agreement, and shall make a
prove the delivery of government assistance propriations and the Committee on Home-
through digital services. publicly available dashboard of service deliv-
land Security and Governmental Affairs of ery metrics, performance measures, and
(b) DIGITAL SERVICE AGREEMENT CRI-
TERIA.—In considering whether to execute a
the Senate and the Committee on Appropria- progress under the terms and conditions of
digital service agreement under this section, tions and Committee on Oversight and Re- any digital service agreements.
the Administrator shall consider— form of the House of Representatives notice
and an explanation of the reasons for the de- (b) REPORTS TO CONGRESS.—The Adminis-
(1) evidence of significant executive sup-
terminations by the Administrator. trator shall, on an annual basis, submit to
port from the eligible applicant for the es-
(g) MATCHING REQUIREMENT.— the Committee on Appropriations and the
tablishment of digital service teams and a
(1) IN GENERAL.—Except as provided in Committee on Homeland Security and Gov-
commitment to modernizing government
paragraph (2), the Federal share of an activ- ernmental Affairs of the Senate and the
technology and service delivery;
(2) evidence of the ability and commitment ity carried out using amounts received under Committee on Appropriations and the Com-
of the eligible applicant to ensure a digital service agreement for establishing mittee on Oversight and Reform of the House
sustainment of digital service teams after or supporting a digital service team shall be of Representatives a report on the Digital
the end of the digital services agreement, in- not more than 90 percent. Service Agreement Program, which shall in-
cluding financial resources and any adminis- (2) WAIVER.—Upon application by an eligi- clude the following:
trative changes that may be necessary; ble applicant, the Administrator may waive (1) A description of digital service agree-
(3) the extent to which the eligible appli- the requirement under paragraph (1) if the ments executed under the Digital Service
cant may be able, and is committed, to Administrator determines that the eligible Agreement Program, including the fol-
adopting innovative procurement and service applicant demonstrates financial need. lowing:
design practices; (h) SET ASIDES.— (A) The cost and scope of each digital serv-
(4) whether the eligible applicant would be (1) IN GENERAL.—From amounts made ice agreement, including the type of agree-
otherwise unable to establish or support dig- available in a fiscal year to carry out the ment awarded or entered into and informa-
ital service teams without a digital service Digital Service Agreement Program under tion regarding compliance with the match-
agreement; this section, the Administrator shall reserve ing requirements under section llll3(g).
(5) the extent to which the establishment not more than 5 percent for the implementa- (B) The names of each eligible applicant
of digital service teams by the eligible appli- tion and administration of the program, that, as of the date of the report, has a dig-
cant is likely to lead to improvements in which shall include— ital services agreement that is in effect, in-
service delivery related to Federal programs; (A) providing assistance to eligible appli- cluding identifying whether the eligible ap-
(6) to the extent applicable, whether an eli- cants to prepare applications for digital plicant is an eligible tribal government, a
gible applicant intends to support a collabo- service agreements in accordance with sub- territory of the United States, or an under-
rative agreement under subsection (c); section (d); served or disadvantaged community.
(7) whether the eligible applicant will (B) upon request of an eligible applicant (C) An analysis of common characteristics
prioritize the use of more than 50 percent of whose application is successful, providing regarding the full allocation of digital serv-
the amounts received under a digital service technical support and assistance to support ices agreements in effect.
agreement for salary and benefits of the the execution of a digital services agree- (D) An accounting of the expenditure of
members of the digital service team; and ment; funds received by an eligible applicant under
(8) any other criteria determined by the (C) assisting eligible applicants in pre- a digital services agreement and the cost to
Administrator and included in a notice of paring and submitting reports required the Federal Government to administer the
funding availability made available in ad- under section lllll4; and Digital Services Agreement Program under
vance to all eligible applicants. (D) conducting outreach to eligible appli- this title.
dlhill on DSK120RN23PROD with SENATE
(c) COLLABORATIVE AGREEMENTS.—The Ad- cants regarding opportunities to apply for (2) Information regarding successes of, fail-
ministrator may execute a digital service digital service agreements. ures of, lessons learned by, opportunities for
agreement with 1 or more eligible appli- (2) ELIGIBLE TRIBAL GOVERNMENTS.—From improvement for, or recommendations re-
cants, in accordance with the criteria estab- amounts made available in a fiscal year to lated to the Digital Service Agreement Pro-
lished in subsection (b), for the purpose of carry out the Digital Service Agreement gram or eligible applicants.
supporting collaborative service delivery Program under this section, the Adminis- (3) Any additional information determined
projects across jurisdictional boundaries. trator is encouraged to use not less than 10 necessary by the Administrator.
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S5748 CONGRESSIONAL RECORD — SENATE August 3, 2021
SEC. llllll5. STATE USE OF FEDERAL RE- (A) assisting producers and landowners in priations of the Senate and the Committee
SOURCES. implementing eligible activities on eligible on Agriculture and the Committee on Appro-
(a) GENERAL.—In addition to the authority private or Tribal land using the applicable priations of the House of Representatives a
provided by section lllll3, the Adminis- programs and authorities administered by report describing projects for which funding
trator may provide an eligible applicant spe- the Chief of the Natural Resources Conserva- is provided under the program, including the
cialized or technical services on a reimburs- tion Service under title XII of the Food Se- status and outcomes of those projects.
able or non-reimbursable basis. curity Act of 1985 (16 U.S.C. 3801 et seq.), not (h) FUNDING.—
(b) PROHIBITION ON FEDERAL MANDATE.— including the conservation reserve program (1) AUTHORIZATION OF APPROPRIATIONS.—In
The Administrator may not require, as a established under subchapter B of chapter 1 addition to amounts otherwise available to
condition of a digital service agreement, the of subtitle D of that title (16 U.S.C. 3831 et the Secretary to carry out the program,
use of any Federal service, program, or re- seq.); and there is authorized to be appropriated to the
sources other than as necessary to plan, es- (B) conducting eligible activities on Na- Secretary to carry out the program
tablish, or support a digital service under tional Forest System land or assisting land- $90,000,000 for each of fiscal years 2022 and
this title. owners in implementing eligible activities 2023.
SEC. llllll6. AUTHORIZATION OF APPRO- (2) DURATION OF AVAILABILITY.—Funds
on State, Tribal, or private land using the
PRIATIONS.
applicable programs and authorities admin- made available under paragraph (1) shall re-
(a) AGREEMENTS.—There are authorized to
istered by the Chief of the Forest Service. main available until expended.
be appropriated to the Administrator to (c) SELECTION OF ELIGIBLE ACTIVITIES.—The (3) DISTRIBUTION OF FUNDS.—Of the funds
carry out this title $100,000,000 for each of fis- appropriate Regional Forester and State made available under paragraph (1)—
cal years 2022 through 2028. Conservationist shall jointly submit to the
(b) AMOUNTS FOR AUDIT AND OVERSIGHT.— (A) not less than 40 percent shall be allo-
Chiefs on an annual basis proposals for eligi- cated to carry out eligible activities through
There are authorized to be appropriated to
ble activities under the program. the Natural Resources Conservation Service;
the Inspector General of the General Serv- (d) EVALUATION CRITERIA.—In evaluating
ices Administration $1,000,000 for the first (B) not less than 40 percent shall be allo-
and selecting proposals submitted under sub- cated to carry out eligible activities through
fiscal year during which digital service section (c), the Chiefs shall consider—
agreements are awarded or entered into, and the Forest Service; and
(1) criteria including whether the pro- (C) the remaining funds shall be allocated
each of the 7 fiscal years thereafter, for au- posal—
dits and oversight of funds made available to by the Chiefs to the Natural Resources Con-
(A) reduces wildfire risk in a municipal wa- servation Service or the Forest Service—
carry out this title. tershed or the wildland-urban interface;
(c) AVAILABILITY.—Amounts made avail- (i) to carry out eligible activities; or
(B) was developed through a collaborative (ii) for other purposes, such as technical
able pursuant to subsections (a) and (b) shall
process with participation from diverse assistance, project development, or local ca-
remain available until expended.
stakeholders; pacity building.
SA 2363. Mr. BENNET (for himself (C) increases forest workforce capacity or
forest business infrastructure and develop- SA 2364. Mr. CARDIN (for himself
and Mr. HOEVEN) submitted an amend-
ment; and Mr. CRAMER) submitted an amend-
ment intended to be proposed to (D) leverages existing authorities and non-
amendment SA 2137 proposed by Mr. ment intended to be proposed to
Federal funding;
SCHUMER (for Ms. SINEMA (for herself, amendment SA 2137 proposed by Mr.
(E) provides measurable outcomes; or
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (F) supports established State and regional SCHUMER (for Ms. SINEMA (for herself,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. priorities; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
TESTER, Ms. MURKOWSKI, Mr. WARNER, (2) such other criteria relating to the mer- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
and Mr. ROMNEY)) to the bill H.R. 3684, its of the proposals as the Chiefs determine TESTER, Ms. MURKOWSKI, Mr. WARNER,
to authorize funds for Federal-aid high- to be appropriate. and Mr. ROMNEY)) to the bill H.R. 3684,
(e) OUTREACH.—The Secretary shall pro- to authorize funds for Federal-aid high-
ways, highway safety programs, and vide—
transit programs, and for other pur- ways, highway safety programs, and
(1) public notice on the websites of the For-
poses; which was ordered to lie on the est Service and the Natural Resources Con- transit programs, and for other pur-
table; as follows: servation Service describing— poses; which was ordered to lie on the
At the end of title VIII of division D, add (A) the solicitation of proposals under sub- table; as follows:
the following: section (c); and Beginning on page 1579, strike line 21 and
SEC. 408lllll. JOINT CHIEFS LANDSCAPE (B) the criteria for selecting proposals in all that follows through page 1589, line 15,
RESTORATION PARTNERSHIP PRO- accordance with subsection (d); and and insert the following:
GRAM. (2) information relating to the program SEC. 40323. ZERO-EMISSION NUCLEAR POWER
(a) DEFINITIONS.—In this section: and activities funded under the program to PRODUCTION CREDIT.
(1) CHIEFS.—The term ‘‘Chiefs’’ means the States, Indian Tribes, units of local govern- (a) IN GENERAL.—Subpart D of part IV of
Chief of the Forest Service and the Chief of ment, and private landowners. subchapter A of chapter 1 of the Internal
the Natural Resources Conservation Service. (f) EXCLUSIONS.—An eligible activity may Revenue Code of 1986 is amended by adding
(2) ELIGIBLE ACTIVITY.—The term ‘‘eligible not be carried out under the program— at the end the following new section:
activity’’ means an activity— (1) in a wilderness area or designated wil- ‘‘SEC. 45U.
ZERO-EMISSION NUCLEAR POWER
(A) to reduce the risk of wildfire; derness study area; PRODUCTION CREDIT.
(B) to protect water quality and supply; or (2) in an inventoried roadless area; ‘‘(a) AMOUNT OF CREDIT.—For purposes of
(C) to improve wildlife habitat for at-risk (3) on any Federal land on which, by Act of section 38, the zero-emission nuclear power
species. Congress or Presidential proclamation, the production credit for any taxable year is an
(3) PROGRAM.—The term ‘‘program’’ means removal of vegetation is restricted or prohib- amount equal to the amount by which—
the Joint Chiefs Landscape Restoration ited; or ‘‘(1) the product of—
Partnership program established under sub- (4) in an area in which the eligible activity ‘‘(A) 1.5 cents, multiplied by
section (b)(1). would be inconsistent with the applicable ‘‘(B) the kilowatt hours of electricity—
(4) SECRETARY.—The term ‘‘Secretary’’ land and resource management plan. ‘‘(i) produced by the taxpayer at a qualified
means the Secretary of Agriculture. (g) ACCOUNTABILITY.— nuclear power facility, and
(5) WILDLAND-URBAN INTERFACE.—The term (1) INITIAL REPORT.—Not later than 1 year ‘‘(ii) sold by the taxpayer or an affiliate of
‘‘wildland-urban interface’’ has the meaning after the date of enactment of this Act, the the taxpayer to an unrelated person during
given the term in section 101 of the Healthy Secretary shall submit to Congress a report the taxable year, exceeds
Forests Restoration Act of 2003 (16 U.S.C. providing recommendations to Congress re- ‘‘(2) the reduction amount for such taxable
6511). lating to the program, including a review year.
(b) ESTABLISHMENT.— of— ‘‘(b) DEFINITIONS.—
(1) IN GENERAL.—The Secretary shall estab- (A) funding mechanisms for the program; ‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.—
lish a Joint Chiefs Landscape Restoration (B) staff capacity to carry out the pro- For purposes of this section, the term ‘quali-
Partnership program to improve the health gram; fied nuclear power facility’ means any nu-
and resilience of forest landscapes across Na- (C) privacy laws applicable to the program; clear facility—
tional Forest System land and State, Tribal, (D) data collection under the program; ‘‘(A) which is owned by the taxpayer and
and private land. (E) monitoring and outcomes under the which uses nuclear energy to produce elec-
dlhill on DSK120RN23PROD with SENATE
(2) ADMINISTRATION.—The Secretary shall program; and tricity, and
administer the program by coordinating eli- (F) such other matters as the Secretary ‘‘(B) which is not an advanced nuclear
gible activities conducted on National For- considers to be appropriate. power facility, as defined in subsection (d)(1)
est System land and State, Tribal, or private (2) ADDITIONAL REPORTS.—For each of fiscal of section 45J, or which has not received an
land across a forest landscape to improve the years 2022 and 2023, the Chiefs shall submit allocation under subsection (b) of such sec-
health and resilience of the forest landscape to the Committee on Agriculture, Nutrition, tion.
by— and Forestry and the Committee on Appro- ‘‘(2) REDUCTION AMOUNT.—
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5749
‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(5) DENIAL OF DOUBLE BENEFIT.—Solely for ‘‘(3) ADMINISTRATION AND ENFORCEMENT.—
tion, the term ‘reduction amount’ means, purposes of section 38, in the case of a tax- With respect to the administration and en-
with respect to any qualified nuclear power payer making an election under this sub- forcement of the standards in paragraph
facility for any taxable year, the amount section, the credit determined under sub- (1)(A) and (1)(C), the Secretary of Labor shall
equal to the lesser of— section (a) shall be reduced by the amount of have the authority and functions set forth in
‘‘(i) the amount determined under sub- the portion of such credit with respect to Reorganization Plan Numbered 14 of 1950 (64
section (a)(1), or which the taxpayer makes such election. Stat. 1267; 5 U.S.C. App.) and section 3145 of
‘‘(ii) the amount equal to 80 percent of the ‘‘(d) OTHER RULES.— title 40, United States Code.
excess of— ‘‘(1) INFLATION ADJUSTMENT.—The 1.5 cent ‘‘(f) USE OF QUALIFIED APPRENTICES.—
‘‘(I) subject to subparagraph (B), the gross amount in subsection (a)(1)(A) and the 2.5 ‘‘(1) IN GENERAL.—All contractors and sub-
receipts from any electricity produced by cent amount in subsection (b)(2)(A)(ii)(II)(aa) contractors engaged in the performance of
such facility and sold to an unrelated person shall each be adjusted by multiplying such construction, repair, alteration, or mainte-
during such taxable year (at rates estab- amount by the inflation adjustment factor nance with respect to the qualified nuclear
lished or approved by a State or political (as determined under section 45(e)(2) by sub- power facility shall, subject to paragraph (2),
subdivision thereof, any agency or instru- stituting ‘calendar year 2020’ for ‘calendar ensure that not less than 15 percent of the
mentality of the United States, or a public year 1992’ in subparagraph (B) thereof ) for total labor hours of such work be performed
service or public utility commission or other the calendar year in which the sale occurs. If by qualified apprentices.
similar body of any State or political sub- any amount as increased under the preceding ‘‘(2) APPRENTICE-TO-JOURNEYWORKER
division thereof, in the case of any property sentence is not a multiple of 0.1 cent, such RATIO.—The requirement under paragraph (1)
described in section 168(i)(10)), over amount shall be rounded to the nearest mul- shall be subject to any applicable require-
‘‘(II) the amount equal to the product of— tiple of 0.1 cent. ments for apprentice-to-journeyworker ra-
‘‘(aa) 2.5 cents, multiplied by ‘‘(2) SPECIAL RULES.—Rules similar to the tios of the Department of Labor or the appli-
‘‘(bb) the amount determined under sub- rules of paragraphs (1), (3), (4), and (5) of sec- cable State apprenticeship agency.
section (a)(1)(B). tion 45(e) shall apply for purposes of this sec- ‘‘(3) PARTICIPATION.—Each contractor and
‘‘(B) TREATMENT OF CERTAIN RECEIPTS.— tion. subcontractor who employs 4 or more indi-
‘‘(i) IN GENERAL.—The amount determined ‘‘(3) PHASEOUT OF CREDIT.—If the Sec- viduals to perform construction, repair, al-
under subparagraph (A)(ii)(I) shall include retary, in consultation with the Secretary of teration, or maintenance with respect to the
any amount received by the taxpayer during Energy and the Administrator of the Envi- qualified nuclear power facility shall employ
the taxable year with respect to the qualified ronmental Protection Agency, determines 1 or more qualified apprentices to perform
nuclear power facility from a zero-emission that the annual greenhouse gas emissions such work.
credit program unless the amount received from electricity production in the United ‘‘(4) EXCEPTION.—Notwithstanding any
by the taxpayer is subject to reduction— States for a calendar year are equal to or other provision in this subsection, this sec-
‘‘(I) by the full amount of the credit deter- less than 50 percent of the annual greenhouse tion shall not apply in the case of a taxpayer
mined under this section, or gas emissions from electricity production in who—
‘‘(II) by any lesser amount if such amount the United States for calendar year 2020, the ‘‘(A) demonstrates a lack of availability of
entirely offsets the amount received from a amount of the credit determined under the qualified apprentices in the geographic area
zero-emission credit program. subsection (a) shall be reduced by an amount of the construction, repair, alteration, or
‘‘(ii) ZERO-EMISSION CREDIT PROGRAM.—For equal to the product of— maintenance; and
purposes of this subparagraph, the term ‘‘(A) the amount of credit determined ‘‘(B) makes a good faith effort, and its con-
‘zero-emission credit program’ means any under the subsection (a), as determined be- tractors and subcontractors make a good
State or local government program that pro- fore application of this paragraph, multi- faith effort, to comply with the requirements
vides payments to a qualified nuclear power plied by of this subsection.
facility for, in whole or in part, the zero- ‘‘(B) an amount (expressed as a percentage) ‘‘(5) DEFINITIONS.—In this subsection:
emission, zero-carbon, or air quality at- equal to twice the percentage amount that ‘‘(A) LABOR HOURS.—The term ‘labor
tributes of any portion of the electricity pro- the percentage determined by the Secretary hours’—
duced by such facility. pursuant to this paragraph exceeds 50 per- ‘‘(i) means the total number of hours de-
‘‘(3) ELECTRICITY.—For purposes of this sec- cent. voted to the performance of construction, re-
tion (with the exception of subsection (d)(3)), ‘‘(e) RECAPTURE.— pair, alteration, or maintenance by employ-
the term ‘electricity’ means the energy pro- ‘‘(1) IN GENERAL.—The Secretary, in con- ees of the contractor or subcontractor; and
duced by a qualified nuclear power facility sultation with the Secretary of Energy and ‘‘(ii) excludes any hours worked by—
from the conversion of nuclear fuel into elec- the Secretary of Labor, shall, by regulations, ‘‘(I) foremen;
tric power. provide for recapturing the benefit of any ‘‘(II) superintendents;
‘‘(c) ELECTION FOR DIRECT PAYMENT.— credit allowable under subsection (a) for any ‘‘(III) owners; or
‘‘(1) IN GENERAL.—In the case of a taxpayer taxable year if the Secretary determines ‘‘(IV) persons employed in a bona fide exec-
making an election (at such time and in such that— utive, administrative, or professional capac-
manner as the Secretary may provide) under ‘‘(A) any contractor or subcontractor has ity (within the meaning of those terms in
this subsection with respect to any portion failed to pay a laborer or mechanic employed part 541 of title 29, Code of Federal Regula-
of the credit which would (without regard to by the contractor or subcontractor in the tions).
this subsection) be determined under sub- performance of any construction, repair, al- ‘‘(B) QUALIFIED APPRENTICE.—The term
section (a) with respect to such taxpayer, teration, or maintenance with respect to the ‘qualified apprentice’ means an individual
such taxpayer shall be treated as making a qualified nuclear power facility during such who is an employee of the contractor or sub-
payment against the tax imposed by subtitle taxable year wages at rates not less than the contractor and who is participating in a reg-
A for the taxable year equal to the amount rates prevailing on projects of a similar istered apprenticeship program, as defined in
of such portion. character in the locality as determined by section 3131(e)(3)(B).
‘‘(2) CERTAIN ENTITIES TREATED AS TAX- the Secretary of Labor in accordance with ‘‘(g) TERMINATION.—This section shall not
PAYERS.—For purposes of the credit under subchapter IV of chapter 31 of title 40, apply to taxable years beginning after the
subsection (a)— United States Code, earlier of—
‘‘(A) any State utility with a service obli- ‘‘(B) any such contractor or subcontractor ‘‘(1) the date as of which the Secretary de-
gation, as such terms are defined in section has failed to make the records required termines that the aggregate of the credits al-
217 of the Federal Power Act (as in effect on under paragraph (2) available to the Sec- lowed under subsection (a) to all taxpayers
the date of the enactment of this sub- retary for the purposes described in such in all taxable years exceeds $6,000,000,000, or
section), paragraph, or ‘‘(2) December 31, 2030.’’.
‘‘(B) any mutual or cooperative electric ‘‘(C) any contractor or subcontractor has (b) CONFORMING AMENDMENTS.—
company described in section 501(c)(12) or failed to satisfy the requirements under sub- (1) Section 38(b) of the Internal Revenue
section 1381(a)(2)(C), and section (f) during such taxable year. Code of 1986 is amended—
‘‘(C) an Indian tribal government (as de- ‘‘(2) INVESTIGATION.—Upon receipt of a (A) in paragraph (32), by striking ‘‘plus’’ at
fined in section 139E(c)(1)), complaint or its own initiative, the Sec- the end,
shall be treated as a taxpayer, but only if retary, in consultation with the Secretary of (B) in paragraph (33), by striking the pe-
such entity makes the election under this Energy and the Secretary of Labor, shall re- riod at the end and inserting ‘‘, plus’’, and
subsection. quest and review the payroll records of con- (C) by adding at the end the following new
‘‘(3) TIMING.—The payment described in tractors and subcontractors engaged in the paragraph:
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paragraph (1) shall be treated as made on the performance of any construction, repair, al- ‘‘(34) the zero-emission nuclear power pro-
later of the due date of the return of tax for teration, or maintenance with respect to a duction credit determined under section
the taxable year or the date on which such qualified nuclear power facility, and inter- 45U(a).’’.
return is filed. view individuals employed by such contrac- (2) The table of sections for subpart D of
‘‘(4) EXCLUSION FROM GROSS INCOME.—Gross tors and subcontractors, to determine part IV of subchapter A of chapter 1 of such
income of the taxpayer shall be determined whether the requirements of paragraph (1)(A) Code is amended by adding at the end the
without regard to this subsection. and (1)(C) have been met. following new item:
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S5750 CONGRESSIONAL RECORD — SENATE August 3, 2021
‘‘Sec. 45U. Zero-emission nuclear power pro- safety programs, and transit programs, ‘‘(3) SPECIAL RULES.—
duction credit.’’. and for other purposes; which was or- ‘‘(A) IN GENERAL.—A multiyear grant
(c) REPORT.—Not later than January 1, dered to lie on the table; as follows: agreement under this subsection—
2024, the Comptroller General of the United ‘‘(i) shall obligate an amount of available
In section 11101(a)(5), in the matter pre-
States shall submit to Congress a report budget authority specified in law; and
ceding subparagraph (A), strike ‘‘(5) NATION-
with respect to the credits allowed for quali- ‘‘(ii) may include a commitment, contin-
ALLY SIGNIFICANT FREIGHT AND HIGHWAY
fied nuclear power facilities under section gent on amounts to be specified in law in ad-
PROJECTS.—For nationally significant freight
45U of the Internal Revenue Code of 1986 (as vance for commitments under this para-
and highway projects under section 117’’ and
added by subsection (a)), which shall in- graph, to obligate an additional amount
inserting ‘‘(5) PROJECTS OF NATIONAL AND RE-
clude— GIONAL SIGNIFICANCE.—For projects of na-
from future available budget authority spec-
(1) an evaluation of the effectiveness of the tional and regional significance under sec- ified in law.
credits allowed under such section in regards tion 117’’ ‘‘(B) CONTINGENT COMMITMENT.—A contin-
to ensuring grid reliability while avoiding Strike section 11110 and insert the fol- gent commitment under this subsection is
emissions of carbon dioxide, nitrogen oxides, lowing: not an obligation of the Federal Government
sulfur oxides, particulate matter, and haz- SEC. 11110. PROJECTS OF NATIONAL AND RE- under section 1501 of title 31.
ardous air pollutants; GIONAL SIGNIFICANCE. ‘‘(C) INTEREST AND OTHER FINANCING
(2) a quantification of the ratepayer sav- (a) IN GENERAL.—Section 117 of title 23, COSTS.—
ings achieved as a result of the credits al- United States Code, is amended to read as ‘‘(i) IN GENERAL.—Interest and other fi-
lowed under such section; and follows: nancing costs of carrying out a part of the
(3) any recommendations to renew or ex- ‘‘§ 117. Projects of national and regional sig- project within a reasonable time shall be
pand the credits allowed under such section. nificance considered a cost of carrying out the project
(d) EFFECTIVE DATE.—This section shall under a multiyear grant agreement, except
‘‘(a) ESTABLISHMENT.—The Secretary shall that eligible costs may not be more than the
apply to electricity produced and sold after establish a projects of national and regional
December 31, 2020, in taxable years beginning cost of the most favorable financing terms
significance program under which the Sec-
after such date. reasonably available for the project at the
retary may make grants to, and establish
time of borrowing.
multiyear grant agreements with, eligible
SA 2365. Mr. PETERS (for himself, ‘‘(ii) CERTIFICATION.—The applicant shall
entities in accordance with this section.
certify to the Secretary that the applicant
Mr. ROUNDS, Mr. WARNER, and Mr. ‘‘(b) APPLICATIONS.—To be eligible for a
grant under this section, an eligible entity has shown reasonable diligence in seeking
PORTMAN) submitted an amendment in- the most favorable financing terms.
tended to be proposed to amendment shall submit to the Secretary an application
in such form, in such manner, and con- ‘‘(4) ADVANCE PAYMENT.—An eligible entity
SA 2137 proposed by Mr. SCHUMER (for taining such information as the Secretary carrying out a large project under a
Ms. SINEMA (for herself, Mr. PORTMAN, may require. multiyear grant agreement—
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- ‘‘(c) GRANT AMOUNTS AND PROJECT COSTS.— ‘‘(A) may use funds made available to the
HEEN, Ms. COLLINS, Mr. TESTER, Ms. ‘‘(1) IN GENERAL.—Each grant made under eligible entity under this title or title 49 for
this section— eligible project costs of the large project;
MURKOWSKI, Mr. WARNER, and Mr. ROM-
‘‘(A) shall be in an amount that is at least and
NEY)) to the bill H.R. 3684, to authorize ‘‘(B) shall be reimbursed, at the option of
$25,000,000; and
funds for Federal-aid highways, high- the eligible entity, for such expenditures
‘‘(B) shall be for a project that has eligible
way safety programs, and transit pro- project costs that are reasonably anticipated from the amount made available under the
grams, and for other purposes; which to equal or exceed the lesser of— multiyear grant agreement for the project in
was ordered to lie on the table; as fol- ‘‘(i) $100,000,000; or that fiscal year or a subsequent fiscal year.
lows: ‘‘(ii) in the case of a project— ‘‘(e) ELIGIBLE PROJECTS.—
‘‘(I) located in 1 State or territory, 30 per- ‘‘(1) IN GENERAL.—The Secretary may make
In subtitle B of title I of division D, strike a grant under this section only for a project
‘‘consultation’’ each place it appears and in- cent of the amount apportioned under this
chapter to the State or territory in the most that is a project eligible for assistance under
sert ‘‘coordination’’. this title or chapter 53 of title 49 and is—
In section 219A(d)(1) of the Federal Power recently completed fiscal year; or
‘‘(II) located in more than 1 State or terri- ‘‘(A) a bridge project carried out on the Na-
Act (as added by section 40123 of subtitle B of tional Highway System, or that is eligible to
title I of division D), strike ‘‘consultation’’ tory, 50 percent of the amount apportioned
under this chapter to the participating State be carried out under section 165;
and insert ‘‘coordination’’. ‘‘(B) a project to improve person through-
or territory with the largest apportionment
under this chapter in the most recently com- put that is—
SA 2366. Mr. LUJÁN (for himself and ‘‘(i) a highway project carried out on the
pleted fiscal year.
Mr. SCOTT of Florida) submitted an ‘‘(2) LARGE PROJECTS.—For a project that National Highway System, or that is eligible
amendment intended to be proposed to has eligible project costs that are reasonably to be carried out under section 165;
amendment SA 2137 proposed by Mr. anticipated to equal or exceed $500,000,000, a ‘‘(ii) a public transportation project; or
SCHUMER (for Ms. SINEMA (for herself, grant made under this section— ‘‘(iii) a capital project (as defined in sec-
‘‘(A) shall be in an amount sufficient to tion 22901 of title 49), to improve intercity
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
fully fund the project, or in the case of a rail passenger transportation; or
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
public transportation project, a minimum ‘‘(C) a project to improve freight through-
TESTER, Ms. MURKOWSKI, Mr. WARNER, put that is—
operable segment, in combination with other
and Mr. ROMNEY)) to the bill H.R. 3684, funding sources, including non-Federal fi- ‘‘(i) a highway freight project carried out
to authorize funds for Federal-aid high- nancial commitment, identified in the appli- on the National Highway Freight Network
ways, highway safety programs, and cation; and established under section 167 or on the Na-
transit programs, and for other pur- ‘‘(B) may be awarded pursuant to the proc- tional Highway System;
poses; which was ordered to lie on the ess under subsection (d), as necessary based ‘‘(ii) a freight intermodal, freight rail, or
on the amount of the grant. railway-highway grade crossing or grade sep-
table; as follows:
‘‘(d) MULTIYEAR GRANT AGREEMENTS FOR aration project; or
In section 24220, add at the end the fol- LARGE PROJECTS.— ‘‘(iii) within the boundaries of a public or
lowing: ‘‘(1) IN GENERAL.—A large project that re- private freight rail, water (including ports),
(f) EFFECT.—Subject to paragraphs (1) and ceives a grant under this section may be car- or intermodal facility and that is a surface
(2) of subsection (e), nothing in paragraph (3) ried out through a multiyear grant agree- transportation infrastructure project nec-
of that subsection limits the applicability of ment in accordance with this subsection. essary to facilitate direct intermodal inter-
a requirement to meet the deadline estab- ‘‘(2) REQUIREMENTS.—A multiyear grant change, transfer, or access into or out of the
lished under subsection (c). agreement for a large project shall— facility.
‘‘(A) establish the terms of participation ‘‘(2) LIMITATION.—
SA 2367. Ms. WARREN (for herself, by the Federal Government in the project; ‘‘(A) CERTAIN FREIGHT PROJECTS.—Projects
Mr. MARKEY, and Mrs. GILLIBRAND) ‘‘(B) establish the amount of Federal finan- described in clauses (ii) and (iii) of paragraph
submitted an amendment intended to cial assistance for the project; (1)(C) may receive a grant under this section
be proposed to amendment SA 2137 pro- ‘‘(C) establish a schedule of anticipated only if—
posed by Mr. SCHUMER (for Ms. SINEMA Federal obligations for the project that pro- ‘‘(i) the project will make a significant im-
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(for herself, Mr. PORTMAN, Mr. vides for obligation of the full grant amount provement to the movement of freight on the
by not later than 4 fiscal years after the fis- National Highway System; and
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
cal year in which the initial amount is pro- ‘‘(ii) the Federal share of the project funds
Ms. COLLINS, Mr. TESTER, Ms. MUR- vided; and only elements of the project that provide
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ‘‘(D) determine the period of time for com- public benefits.
to the bill H.R. 3684, to authorize funds pleting the project, even if such period ex- ‘‘(B) CERTAIN PROJECTS FOR PERSON
for Federal-aid highways, highway tends beyond the period of an authorization. THROUGHPUT.—Projects described in clauses
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5751
(ii) and (iii) of paragraph (1)(B) may receive ‘‘(A) Whether the project spans at least 1 formation described in subparagraph (A) is
a grant under this section only if the project border between 2 States. made.
will make a significant improvement in mo- ‘‘(B) Whether the project serves low-in- ‘‘(C) INFORMATION REQUIRED.—The Sec-
bility on public roads. come residents of low-income communities, retary shall include in the published notice
‘‘(f) ELIGIBLE PROJECT COSTS.—An eligible including areas of persistent poverty, while of funding opportunity for a grant under this
entity that receives a grant under this sec- not displacing those residents. section detailed information on the rating
tion may use the grant for— ‘‘(C) Whether the project uses innovative methodology and merit criteria to be used to
‘‘(1) development phase activities, includ- technologies, innovative design and con- evaluate applications, or a reference to the
ing planning, feasibility analysis, revenue struction techniques, or pavement materials information on the website of the Depart-
forecasting, environmental review, prelimi- that demonstrate reductions in greenhouse ment of Transportation, as required by sub-
nary engineering and design work, and other gas emissions through sequestration or inno- paragraph (A).
preconstruction activities; and vative manufacturing processes and, if so, ‘‘(j) FEDERAL SHARE.—
‘‘(2) construction, reconstruction, rehabili- the degree to which such technologies, tech- ‘‘(1) IN GENERAL.—The Federal share of the
tation, acquisition of real property (includ- niques, or materials are used. cost of a project carried out with a grant
ing land related to the project and improve- ‘‘(D) Whether the project improves under this section may not exceed 60 per-
ments to the land), environmental mitiga- connectivity between modes of transpor- cent.
tion, construction contingencies, acquisition tation moving people or goods in the United ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—
of equipment, and operational improvements States or region. Federal assistance other than a grant under
directly related to improving system per- ‘‘(E) Whether the project provides new or this section may be used to satisfy the non-
formance. improved connections between at least two Federal share of the cost of a project for
‘‘(g) PROJECT REQUIREMENTS.—The Sec- metropolitan areas with a population of at which such a grant is made, except that the
retary may select a project described under least 500,000. total Federal assistance provided for a
this section for funding under this section ‘‘(F) Whether the project would replace, re- project receiving a grant under this section
only if the Secretary determines that the construct, or rehabilitate a commuter cor- may not exceed 80 percent of the total
project— ridor (including a high-commuter corridor project cost.
‘‘(1) generates significant regional or na- that is in poor condition. ‘‘(k) BRIDGE INVESTMENTS.—Of the amounts
tional economic, mobility, safety, resilience, ‘‘(G) Whether the project would improve made available to carry out this section, the
or environmental benefits; the shared transportation corridor of a Secretary shall reserve not less than
‘‘(2) is cost effective; multistate corridor. $1,000,000,000 for each fiscal year to make
‘‘(3) is based on the results of preliminary ‘‘(i) PROJECT SELECTION.— grants for projects described in subsection
engineering; ‘‘(1) EVALUATION.—To evaluate applica- (e)(1)(A).
‘‘(4) has secured or will secure acceptable tions for funding under this section, the Sec- ‘‘(l) TREATMENT OF PROJECTS.—
levels of non-Federal financial commit- retary shall— ‘‘(1) FEDERAL REQUIREMENTS.—The Sec-
ments, including— ‘‘(A) determine whether a project is eligi- retary shall, with respect to a project funded
‘‘(A) one or more stable and dependable ble for a grant under this section; by a grant under this section, apply—
sources of funding and financing to con- ‘‘(B) evaluate, through a methodology that ‘‘(A) the requirements of this title to a
struct, maintain, and operate the project; is discernible and transparent to the public, highway project;
and how each application addresses the merit ‘‘(B) the requirements of chapter 53 of title
‘‘(B) contingency amounts to cover unan- criteria pursuant to subsection (h); 49 to a public transportation project; and
ticipated cost increases; ‘‘(C) assign a quality rating for each merit ‘‘(C) the requirements of section 22905 of
‘‘(5) cannot be easily and efficiently com- criteria for each application based on the title 49 to a passenger rail or freight rail
pleted without additional Federal funding or evaluation in subparagraph (B); project.
financial assistance available to the project ‘‘(D) ensure that applications receive final ‘‘(2) MULTIMODAL PROJECTS.—
sponsor, beyond existing Federal apportion- consideration by the Secretary to receive an ‘‘(A) IN GENERAL.—Except as otherwise pro-
ments; and award under this section only on the basis of vided in this paragraph, if an eligible project
‘‘(6) is reasonably expected to begin con- such quality ratings and that the Secretary is a multimodal project, the Secretary
struction not later than 18 months after the gives final consideration only to applications shall—
date of obligation of funds for the project. that meet the minimally acceptable level for ‘‘(i) determine the predominant modal
‘‘(h) MERIT CRITERIA AND CONSIDER- each of the merit criteria; and component of the project; and
ATIONS.— ‘‘(E) award grants only to projects rated ‘‘(ii) apply the applicable requirements of
‘‘(1) MERIT CRITERIA.—In awarding a grant highly under the evaluation and rating proc- such predominant modal component to the
under this section, the Secretary shall evalu- ess. project.
ate the following merit criteria: ‘‘(2) CONSIDERATIONS FOR LARGE ‘‘(B) EXCEPTIONS.—For any public trans-
‘‘(A) The extent to which the project sup- PROJECTS.—In awarding a grant for a large portation component of a project, the re-
ports achieving a state of good repair. project, the Secretary shall— quirements of section 5333 of title 49 shall
‘‘(B) The level of benefits the project is ex- ‘‘(A) consider the amount of funds avail- apply.
pected to generate, including— able in future fiscal years for the program ‘‘(C) BUY AMERICA.—In applying the Buy
‘‘(i) the costs avoided by the prevention of under this section; and America requirements under section 313 of
closure or reduced use of the asset to be im- ‘‘(B) assume the availability of funds in fu- this title and sections 5323(j), 22905(a), and
proved by the project; ture fiscal years for the program that extend 24305(f) of title 49 to a multimodal project
‘‘(ii) reductions in maintenance costs over beyond the period of authorization based on under this paragraph, the Secretary shall—
the life of the asset; the amount made available for the program ‘‘(i) consider the various modal compo-
‘‘(iii) safety benefits, including the reduc- in the last fiscal year of the period of author- nents of the project; and
tion of accidents and related costs; ization. ‘‘(ii) seek to maximize domestic jobs.
‘‘(iv) improved person or freight through- ‘‘(3) GEOGRAPHIC DISTRIBUTION.—In award- ‘‘(m) TIFIA PROGRAM.—At the request of an
put, including congestion reduction and reli- ing grants under this section, the Secretary eligible entity under this section, the Sec-
ability improvements; shall ensure geographic diversity and a bal- retary may use amounts awarded to the enti-
‘‘(v) national and regional economic bene- ance between rural and urban communities ty to pay subsidy and administrative costs
fits; among grant recipients over fiscal years 2023 necessary to provide the entity Federal cred-
‘‘(vi) resilience benefits, including the abil- through 2026. it assistance under chapter 6 with respect to
ity to withstand disruptions from a seismic ‘‘(4) PUBLICATION OF METHODOLOGY.— the project for which the grant was awarded.
event; ‘‘(A) IN GENERAL.—Prior to the issuance of ‘‘(n) ADMINISTRATION.—Of the amounts
‘‘(vii) environmental benefits, including re- any notice of funding opportunity for grants made available to carry out this section, the
duction in greenhouse gas emissions and air under this section, the Secretary shall pub- Secretary may use up to $5,000,000 for each
quality benefits; and lish and make publicly available on the De- fiscal year for the costs of administering the
‘‘(viii) benefits to all users of the project, partment’s website— program under this section.
including pedestrian, bicycle, nonvehicular, ‘‘(i) a detailed explanation of the merit cri- ‘‘(o) TECHNICAL ASSISTANCE.—Of the
railroad, and public transportation users. teria developed under subsection (h); amounts made available to carry out this
‘‘(C) How the benefits compare to the costs ‘‘(ii) a description of the evaluation proc- section, the Secretary may reserve up to
of the project. ess under this subsection; and $5,000,000 to provide technical assistance to
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‘‘(D) The average number of people or vol- ‘‘(iii) how the Secretary shall determine eligible entities.
ume of freight, as applicable, supported by whether a project satisfies each of the re- ‘‘(p) CONGRESSIONAL REVIEW.—
the project, including visitors based on trav- quirements under subsection (g). ‘‘(1) NOTIFICATION.—Not less than 60 days
el and tourism. ‘‘(B) UPDATES.—The Secretary shall update before making an award under this section,
‘‘(2) ADDITIONAL CONSIDERATIONS.—In and make publicly available on the website the Secretary shall submit to the Committee
awarding a grant under this section, the Sec- of the Department of Transportation such on Transportation and Infrastructure of the
retary shall consider the following: information at any time a revision to the in- House of Representatives and the Committee
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S5752 CONGRESSIONAL RECORD — SENATE August 3, 2021
on Environment and Public Works, the Com- On page 2625, lines 19 and 20, strike ‘‘the (A) a community that can demonstrate to
mittee on Banking, Housing, and Urban Af- nationally significant freight and highways the Secretary that the community has inad-
fairs, and the Committee on Commerce, projects under section 117’’ and insert equate, insufficient, or no park space or
Science, and Transportation of the Senate— ‘‘projects of national and regional signifi- recreation facilities, including by dem-
‘‘(A) a list of all applications determined cance under section 117’’. onstrating—
to be eligible for a grant by the Secretary; On page 2656, line 25, strike ‘‘Nationally (i) quality concerns relating to the avail-
‘‘(B) the quality ratings assigned to each Significant Freight and Highway Projects’’ able park space or recreation facilities;
application pursuant to subsection (i); and insert ‘‘projects of national and regional (ii) the presence of recreational facilities
‘‘(C) a list of applications that received significance’’. that do not serve the needs of the commu-
final consideration by the Secretary to re- nity; or
ceive an award under this section; SA 2368. Ms. WARREN (for herself, (iii) the inequitable distribution of park
‘‘(D) each application proposed to be se- Mr. MARKEY, and Mrs. GILLIBRAND) space for high-need populations, based on in-
lected for a grant award; submitted an amendment intended to come, age, or other measures of vulner-
‘‘(E) proposed grant amounts, including for be proposed to amendment SA 2137 pro- ability and need;
each new multiyear grant agreement, the (B) a community in which at least 50 per-
posed by Mr. SCHUMER (for Ms. SINEMA
proposed payout schedule for the project; cent of the population is not located within
and (for herself, Mr. PORTMAN, Mr. 1⁄2 mile of park space;
‘‘(F) an analysis of the impacts of any MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, (C) an environmental justice community;
large projects proposed to be selected on ex- Ms. COLLINS, Mr. TESTER, Ms. MUR- and
isting commitments and anticipated funding KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (D) any other community that the Sec-
levels for the next 4 fiscal years, based on in- to the bill H.R. 3684, to authorize funds retary determines to be appropriate.
formation available to the Secretary at the for Federal-aid highways, highway (3) DISPROPORTIONATE BURDEN OF ADVERSE
time of the report. safety programs, and transit programs, HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.—
‘‘(2) COMMITTEE REVIEW.—Before the last The term ‘‘disproportionate burden of ad-
day of the 60-day period described in para-
and for other purposes; which was or-
dered to lie on the table; as follows: verse human health or environmental ef-
graph (1), each Committee described in para- fects’’ means a situation where there exists
graph (1) shall review the Secretary’s list of On page 203, strike line 17 and insert the
higher or more adverse human health or en-
proposed projects. following:
vironmental effects on communities of color,
‘‘(3) CONGRESSIONAL DISAPPROVAL.—The the project is located on a Federal-aid high-
low-income communities, and Tribal and In-
Secretary may not make a grant or any way.
‘‘(t) PROJECTS IN FLOOD-PRONE AREAS.—For digenous communities.
other obligation or commitment to fund a (4) ELIGIBLE ENTITY.—The term ‘‘eligible
project under this section if a joint resolu- projects and actions that, in whole or in
part, encroach within the limits of a flood- entity’’ means—
tion is enacted disapproving funding for the (A) a State;
project before the last day of the 60-day pe- prone area, the Secretary shall ensure that
such projects and actions are— (B) a political subdivision of a State (in-
riod described in paragraph (1). cluding a city or a county) that represents or
‘‘(q) TRANSPARENCY.— ‘‘(1) designed and constructed in a way
that takes into account, and mitigates where otherwise serves an urban area or a rural
‘‘(1) IN GENERAL.—Not later than 30 days area;
after awarding a grant for a project under appropriate, flood risk by using hydrologic,
hydraulic, and hydrodynamic data, methods, (C) a special purpose district (including a
this section, the Secretary shall send to all park district);
applicants, and publish on the website of the and analysis that integrate current and pro-
jected changes in flooding based on scientific (D) an Indian Tribe (as defined in section 4
Department of Transportation— of the Indian Self-Determination and Edu-
‘‘(A) a summary of each application made forecasts over the anticipated service life of
the asset and future forecasted land use cation Assistance Act (25 U.S.C. 5304)) that
to the program for the grant application pe- represents or otherwise serves an urban area
riod; and changes; and
‘‘(2) designed using analysis that considers or a rural area; or
‘‘(B) the evaluation and justification for (E) a metropolitan planning organization
the project selection, including ratings as- the capital costs, risks, and other economic,
engineering, social and environmental con- (as defined in section 134(b) of title 23, United
signed to all applications and a list of appli- States Code).
cations that received final consideration by cerns of constructing a project in a flood-
prone area.’’. (5) ENVIRONMENTAL JUSTICE COMMUNITY.—
the Secretary to receive an award under this The term ‘‘environmental justice commu-
section, for the grant application period. nity’’ means a community with significant
‘‘(2) BRIEFING.—The Secretary shall pro- SA 2369. Mr. BOOKER (for himself,
Mr. MARKEY, and Ms. SMITH) submitted representation of communities of color, low-
vide, at the request of a grant applicant income communities, or Tribal and Indige-
under this section, the opportunity to re- an amendment intended to be proposed nous communities that experience, or is at
ceive a briefing to explain any reasons the to amendment SA 2137 proposed by Mr. risk of experiencing, a disproportionate bur-
grant applicant was not awarded a grant. SCHUMER (for Ms. SINEMA (for herself, den of adverse human health or environ-
‘‘(r) DEFINITION OF ELIGIBLE ENTITY.—In Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- mental effects.
this section, the term ‘eligible entity’ SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (6) LOW-INCOME COMMUNITY.—The term
means— ‘‘low-income community’’ means any census
‘‘(1) a State or a group of States;
TESTER, Ms. MURKOWSKI, Mr. WARNER,
and Mr. ROMNEY)) to the bill H.R. 3684, block group in which 30 percent or more of
‘‘(2) a unit of local government, including a the population are individuals with an an-
metropolitan planning organization, or a to authorize funds for Federal-aid high-
nual household income equal to, or less than,
group of local governments; ways, highway safety programs, and the greater of—
‘‘(3) a political subdivision of a State or transit programs, and for other pur- (A) an amount equal to 80 percent of the
local government; poses; which was ordered to lie on the median income of the area in which the
‘‘(4) a special purpose district or public au- table; as follows: household is located, as reported by the De-
thority with a transportation function, in- At the appropriate place in division C, in- partment of Housing and Urban Develop-
cluding a port authority; sert the following: ment; and
‘‘(5) an Indian Tribe or Tribal organization; (B) 200 percent of the Federal poverty line.
SEC. 3llll. TRANSIT TO TRAILS GRANT PRO-
‘‘(6) a Federal agency eligible to receive GRAM. (7) PROGRAM.—The term ‘‘program’’ means
funds under section 201, 203, or 204, including (a) DEFINITIONS.—In this section: the Transit to Trails Grant Program estab-
the Corps of Engineers, Bureau of Reclama- (1) COMMUNITY OF COLOR.—The term ‘‘com- lished under subsection (b)(1).
tion, and the Bureau of Land Management, munity of color’’ means a geographically dis- (8) RURAL AREA.—The term ‘‘rural area’’
that applies jointly with a State or group of tinct area in which the population of any of means a community that is not an urban
States; the following categories of individuals is area.
‘‘(7) a territory; and higher than the average population of that (9) SECRETARY.—The term ‘‘Secretary’’
‘‘(8) a multistate or multijurisdictional category for the State in which the commu- means the Secretary of Transportation.
group of entities described in this sub- nity is located: (10) TRANSPORTATION CONNECTOR.—
section.’’. (A) Black. (A) IN GENERAL.—The term ‘‘transportation
(b) CLERICAL AMENDMENT.—The analysis (B) African American. connector’’ means a system that—
for chapter 1 of title 23, United States Code,
(C) Asian. (i) connects 2 zip codes or communities
is amended by striking the item relating to
dlhill on DSK120RN23PROD with SENATE
(D) Pacific Islander. within a 175-mile radius of a designated serv-
section 117 and inserting the following:
(E) Other non-White race. ice area; and
‘‘117. Projects of national and regional sig- (F) Hispanic. (ii) offers rides available to the public.
nificance.’’. (G) Latino. (B) INCLUSIONS.—The term ‘‘transportation
On page 586, lines 8 and 9, strike ‘‘, includ- (2) CRITICALLY UNDERSERVED COMMUNITY.— connector’’ includes microtransits, bus lines,
ing multimodal freight grants established The term ‘‘critically underserved commu- bus rails, light rail, rapid transits, or per-
under section 117 of title 23’’. nity’’ means— sonal rapid transits.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5753
(11) URBAN AREA.—The term ‘‘urban area’’ (iii) CONSULTATION; APPROVAL OR DIS- (B) NON-FEDERAL SHARE.—The non-Federal
means a community that— APPROVAL.—The Secretary shall, with re- share of the cost of an eligible project pro-
(A) is densely developed; spect to each project proposal submitted vided a grant under the program may be in
(B) has residential, commercial, and other under this subparagraph, as appropriate— the form of in-kind contributions.
nonresidential areas; and (I) consult with the government of each (7) ELIGIBLE USES.—Grant funds provided
(C)(i) is an urbanized area with a popu- State in which the proposed project is to be under the program may be used—
lation of 50,000 or more; or conducted; (A) to develop transportation connectors
(ii) is an urban cluster with a population (II) after taking into consideration any or routes in or serving, and related cul-
of— comments resulting from the consultation turally and linguistically appropriate edu-
(I) not less than 2,500; and under subclause (I), approve or disapprove cation materials for, critically underserved
(II) not more than 50,000. the proposal; and communities to increase access and mobility
(b) GRANT PROGRAM.— (III) provide written notification of the ap- to Federal and non-Federal public land, in-
(1) ESTABLISHMENT.—The Secretary shall proval or disapproval to— land and coastal waters, parkland, and
establish a grant program, to be known as (aa) the individual or entity that sub- monuments; and
the ‘‘Transit to Trails Grant Program’’, mitted the proposal; and (B) to create or significantly enhance ac-
under which the Secretary shall award (bb) each State consulted under subclause cess to Federal or non-Federal public land
grants to eligible entities for— (I). and recreational opportunities in an urban
(A) projects that develop transportation (D) PRIORITY.—To the extent practicable, area or a rural area.
connectors or routes in or serving, and re- in determining whether to approve project (8) GRANT AMOUNT.—A grant provided
lated culturally and linguistically appro- proposals under the program, the Secretary under the program shall be—
priate education materials for, critically un- shall prioritize projects that— (A) not less than $25,000; and
derserved communities to increase access (i) are designed to increase access and mo- (B) not more than $500,000.
and mobility to Federal or non-Federal pub- bility to local or neighborhood Federal or (9) TECHNICAL ASSISTANCE.—It is the intent
lic land, inland and coastal waters, parkland, non-Federal public land, inland and coastal of Congress that grants provided under the
or monuments; or waters, parkland, monuments, or rec- program deliver project funds to areas of
(B) projects that facilitate transportation reational opportunities; greatest need while offering technical assist-
improvements to enhance access to Federal (ii) use low- or zero-emission vehicles; ance to all applicants and potential appli-
or non-Federal public land and recreational (iii) provide free or discounted rates for cants for grant preparation to encourage full
opportunities in critically underserved com- low-income riders of transportation connec- participation in the program.
munities. tors; (10) PUBLIC INFORMATION.—The Secretary
(2) ADMINISTRATION.— (iv) provide opportunities for youth en- shall ensure that current schedules and
(A) IN GENERAL.—The Secretary shall ad- gagement; routes for transportation systems developed
minister the program to assist eligible enti- (v) give employment preference to individ- after the receipt of a grant under the pro-
ties in the development of transportation uals living in the community in which the gram are available to the public, including
connectors or routes in or serving, and re- project is carried out; on a website maintained by the recipient of
lated culturally and linguistically appro- (vi) are carried out in— a grant.
priate education materials for, critically un- (I) a community of color; (c) REPORTING REQUIREMENT.—
derserved communities and Federal or non- (II) a low-income community; (1) REPORTS BY GRANT RECIPIENTS.—The
Federal public land, inland and coastal (III) a Tribal or Indigenous community; or Secretary shall require a recipient of a grant
waters, parkland, and monuments. (IV) a rural community; under the program to submit to the Sec-
(B) JOINT PARTNERSHIPS.—The Secretary (vii) would capitalize on existing estab- retary at least 1 performance and financial
shall encourage joint partnership projects lished public-private partnerships; and report that—
under the program, if available, among mul- (viii) comply with applicable provisions of (A) includes—
tiple agencies, including school districts, the Americans with Disabilities Act of 1990 (i) demographic data on communities
nonprofit organizations, metropolitan plan- (42 U.S.C. 12101 et seq.). served by the project; and
ning organizations, regional transportation (3) TRANSPORTATION PLANNING PROCE- (ii) a summary of project activities con-
authorities, transit agencies, and State and DURES.— ducted after receiving the grant; and
local governmental agencies (including park (A) PROCEDURES.—In consultation with the (B) describes the status of each project
and recreation agencies and authorities) to head of each appropriate Federal land man- funded by the grant as of the date of the re-
enhance investment of public sources. agement agency, the Secretary shall de- port.
(C) ANNUAL GRANT PROJECT PROPOSAL SO- velop, by rule, transportation planning pro- (2) ADDITIONAL REPORTS.—In addition to
LICITATION, REVIEW, AND APPROVAL.— cedures for projects conducted under the pro- the report required under paragraph (1), the
(i) IN GENERAL.—The Secretary shall— gram that are consistent with metropolitan Secretary may require additional reports
(I) annually solicit the submission of and statewide planning processes. from a recipient, as the Secretary deter-
project proposals for grants from eligible en- (B) REQUIREMENTS.—All projects carried mines to be appropriate, including a final re-
tities under the program; and out under the program shall be developed in port.
(II) review each project proposal submitted cooperation with States and metropolitan (3) DEADLINES.—The Secretary shall estab-
under subclause (I) on a timeline established planning organizations. lish deadlines for the submission of each re-
by the Secretary. (4) ADA COMPLIANCE.—The Secretary shall port required under paragraph (1) or (2).
(d) AUTHORIZATION OF APPROPRIATIONS.—
(ii) REQUIRED ELEMENTS FOR PROJECT PRO- ensure that all new transportation connec-
There are authorized to be appropriated to
POSAL.—A project proposal submitted under tors and routes developed under the program
carry out this section—
clause (i)(I) shall include— are accessible to people with disabilities in
(1) $10,000,000 for each of fiscal years 2022
(I) a statement of the purposes of the accordance with accessibility specifications
and 2023;
project; for transportation vehicles under the Ameri-
(2) $20,000,000 for each of fiscal years 2024
(II) the name of the entity or individual cans with Disabilities Act of 1990 (42 U.S.C.
and 2025; and
with overall responsibility for the project; 12101 et seq.).
(3) $40,000,000 for fiscal year 2026.
(III) a description of the qualifications of (5) STAKEHOLDER ENGAGEMENT.—In car-
the entity or individuals identified under rying out the program, the Secretary shall—
---
SA 2370. Mr. BOOKER submitted an
subclause (II); (A) meaningfully engage with relevant
amendment intended to be proposed to
(IV) a description of— stakeholders, particularly—
(aa) staffing and stakeholder engagement (i) impacted community members; amendment SA 2137 proposed by Mr.
for the project; (ii) transportation partners; SCHUMER (for Ms. SINEMA (for herself,
(bb) the logistics of the project; and (iii) existing potential passengers of the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(cc) anticipated outcomes of the project; transportation connectors; SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(V) a proposed budget for the funds and (iv) Indian Tribes and Tribal representa- TESTER, Ms. MURKOWSKI, Mr. WARNER,
time required to complete the project; tives; and and Mr. ROMNEY)) to the bill H.R. 3684,
(VI) information regarding the source and (v) faith-based and community-based orga- to authorize funds for Federal-aid high-
amount of matching funding available for nizations; and
ways, highway safety programs, and
the project; (B) ensure that the input of the stake-
(VII) information that demonstrates the holders described in subparagraph (A) is cen- transit programs, and for other pur-
poses; which was ordered to lie on the
dlhill on DSK120RN23PROD with SENATE
clear potential of the project to contribute tral to the determination of new transpor-
to increased access to parkland for critically tation connectors and routes. table; as follows:
underserved communities; and (6) NON-FEDERAL CONTRIBUTIONS.— On page 312, line 10, insert ‘‘, including
(VIII) any other information that the Sec- (A) IN GENERAL.—The Federal share of the with respect to power levels and charging
retary considers to be necessary for evalu- cost of an eligible project provided a grant speed, and minimizing the time to charge or
ating the eligibility of the project for fund- under the program shall not exceed 80 per- refuel current and anticipated vehicles’’ be-
ing under the program. cent. fore the semicolon at the end.
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S5754 CONGRESSIONAL RECORD — SENATE August 3, 2021
SA 2371. Mr. BOOKER submitted an ‘‘(t) STATE OF GOOD REPAIR.— SA 2375. Ms. ERNST submitted an
amendment intended to be proposed to ‘‘(1) IN GENERAL.—Before the Secretary ap- amendment intended to be proposed by
amendment SA 2137 proposed by Mr. proves any project funded, in whole or in her to the bill H.R. 3684, to authorize
part, with funds apportioned pursuant to sec-
SCHUMER (for Ms. SINEMA (for herself, funds for Federal-aid highways, high-
tion 104(b) that will result in new through
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- travel lanes for single occupancy vehicles, way safety programs, and transit pro-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. excluding auxiliary lanes and high occu- grams, and for other purposes; which
TESTER, Ms. MURKOWSKI, Mr. WARNER, pancy vehicle toll lanes pursuant to section was ordered to lie on the table; as fol-
and Mr. ROMNEY)) to the bill H.R. 3684, 166, the State or project sponsor shall— lows:
to authorize funds for Federal-aid high- ‘‘(A) demonstrate progress in achieving a At the appropriate place, insert the fol-
ways, highway safety programs, and state of good repair as required by the lowing:
transit programs, and for other pur- State’s asset management plan under section SEC. ll. DISCLOSURE REQUIREMENTS FOR RE-
poses; which was ordered to lie on the 119(e) of this title; CIPIENTS OF FUNDS.
‘‘(B) demonstrate that the project— An awardee or subawardee carrying out a
table; as follows: ‘‘(i) supports the achievement of perform-
On page 67, strike line 10 and insert the fol- program, project, or activity that is, in
ance targets of the State established under whole or in part, carried out using funds pro-
lowing: section 150; and vided by the Department of Energy or the
metropolitan planning organizations. ‘‘(ii) is more cost effective, as determined Department of Transportation shall clearly
‘‘(5) AREAS OF PERSISTENT POVERTY.—The by benefit-cost analysis, than— state, to the extent possible, in any state-
Federal share payable on account of a ‘‘(I) an operational improvement to the fa- ment, press release, request for proposals,
project, program, or activity carried out in cility or corridor; bid solicitation, or other document describ-
an area of persistent poverty (as term is de- ‘‘(II) the construction of a public transpor- ing the program, project, or activity, other
fined under section 6702 of title 49) with tation project eligible for assistance under than a communication containing not more
funds apportioned under section 104(b) of this chapter 53 of title 49; and than 280 characters—
title or made available under chapter 53 of ‘‘(III) the construction of a non-single oc- (1) the percentage of the total costs of the
title 49 may be increased by up to 5 percent, cupancy passenger vehicle project that im- program, project, or activity that will be fi-
up to 100 percent of the total project cost of proves freight movement; and nanced with funds provided by the Depart-
any such project, program, or activity.’’. ‘‘(C) have a public plan for maintaining ment of Energy or the Department of Trans-
and operating the new asset while con- portation;
SA 2372. Mr. CARDIN (for himself tinuing progress of the State or project spon- (2) the dollar amount of the funds provided
and Mr. TILLIS) submitted an amend- sor in achieving a state of good repair under by the Department of Energy or the Depart-
ment intended to be proposed to subparagraph (A). ment of Transportation made available for
amendment SA 2137 proposed by Mr. ‘‘(2) BENEFIT-COST ANALYSIS.—In carrying the program, project, or activity; and
SCHUMER (for Ms. SINEMA (for herself, out paragraph (1)(B)(ii), the Secretary shall (3) the percentage of the total costs of, and
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- establish a process for analyzing the cost and dollar amount for, the program, project, or
benefits of projects under that paragraph, activity that will be financed by nongovern-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ensuring that— mental sources.
TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(A) the benefit-cost analysis includes a
and Mr. ROMNEY)) to the bill H.R. 3684, calculation of all the benefits addressed in
to authorize funds for Federal-aid high- SA 2376. Mrs. BLACKBURN sub-
the performance measures established under
ways, highway safety programs, and section 150; mitted an amendment intended to be
transit programs, and for other pur- ‘‘(B) the benefit-cost analysis includes a proposed to amendment SA 2137 pro-
poses; which was ordered to lie on the consideration of the total maintenance cost posed by Mr. SCHUMER (for Ms. SINEMA
table; as follows: of an asset over the lifecycle of the asset; (for herself, Mr. PORTMAN, Mr.
and MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
In section 71103(a)(2) of title XI of division
‘‘(C) the State demonstrates that any Ms. COLLINS, Mr. TESTER, Ms. MUR-
G, strike subparagraph (B) and insert the fol-
transportation demand modeling used to cal- KOWSKI, Mr. WARNER, and Mr. ROMNEY))
lowing:
culate the benefit-cost analysis is based on
(B) serves rural areas. to the bill H.R. 3684, to authorize funds
retrospective analysis of the accuracy of
In section 71103(b) of title XI of division G, past forecasting and calibration to real-word for Federal-aid highways, highway
strike ‘‘funds to States to provide such basic conditions or has a documented record of ac- safety programs, and transit programs,
essential ferry service.’’ and inserting the curacy. and for other purposes; which was or-
following: ‘‘funds to— ‘‘(3) SAVINGS CLAUSE.—The provisions of dered to lie on the table; as follows:
(1) States to provide such basic essential this subsection shall not apply to any Beginning on page 697, strike line 15 and
ferry service; and project that is fully funded in an adopted all that follows through page 698, line 7, and
(2) units of local government to support el- State transportation improvement program insert the following:
igible activities, as determined by the Sec- as of the date of enactment of this sub- (a) NORTHEAST CORRIDOR.—There are au-
retary under subsection (c), that are carried section.’’. thorized to be appropriated to the Secretary
out by private ferry operators within the ju-
for grants to Amtrak for activities associ-
risdiction of the unit of local government.
In section 71103(c) of title XI of division G, SA 2374. Mr. BOOKER (for himself ated with the Northeast Corridor the fol-
strike ‘‘for the provision of funds to States’’ and Mr. MENENDEZ) submitted an lowing amounts:
and insert ‘‘for the provision of funds to, and amendment intended to be proposed to (1) For fiscal year 2022, $1,270,000,000.
use of funds by, States and units of local amendment SA 2137 proposed by Mr. (2) For fiscal year 2023, $800,000,000.
government’’. (3) For fiscal year 2024, $900,000,000.
SCHUMER (for Ms. SINEMA (for herself, (4) For fiscal year 2025, $1,000,000,000.
In section 71103(e) of title XI of division G, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
insert ‘‘or unit of local government’’ after (5) For fiscal year 2026, $1,100,000,000.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (b) NATIONAL NETWORK.—There are author-
‘‘State’’ each place it appears.
TESTER, Ms. MURKOWSKI, Mr. WARNER, ized to be appropriated to the Secretary for
SA 2373. Mr. KAINE submitted an and Mr. ROMNEY)) to the bill H.R. 3684, grants to Amtrak for activities associated
amendment intended to be proposed to to authorize funds for Federal-aid high- with the National Network the following
amendment SA 2137 proposed by Mr. ways, highway safety programs, and amounts:
transit programs, and for other pur- (1) For fiscal year 2022, $1,300,000,000.
SCHUMER (for Ms. SINEMA (for herself,
(2) For fiscal year 2023, $1,200,000,000.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- poses; which was ordered to lie on the (3) For fiscal year 2024, $1,450,000,000.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. table; as follows: (4) For fiscal year 2025, $1,700,000,000.
TESTER, Ms. MURKOWSKI, Mr. WARNER, On page 1300, strike line 18 and insert the (5) For fiscal year 2026, $2,000,000,000.
and Mr. ROMNEY)) to the bill H.R. 3684, following: At the end of subtitle C of title III of divi-
to authorize funds for Federal-aid high- 114–94) were not utilized. sion D, add the following:
ways, highway safety programs, and ‘‘(12) ADDITIONAL ELIGIBLE ENTITIES.—A SEC. 40324. AUTHORIZATION OF APPROPRIATION
transit programs, and for other pur- State or local governmental authority may FOR URANIUM ENRICHMENT ACTIVI-
dlhill on DSK120RN23PROD with SENATE
be considered an eligible recipient for pur- TIES.
poses; which was ordered to lie on the
poses of paragraph (1) if the State or local There are authorized to be appropriated to
table; as follows: governmental authority seeks a grant for the Secretary $1,000,000,000 for each of the
On page 203, strike line 17 and insert the the public transportation share of a capital fiscal years 2022 through 2026 for uranium en-
following: project relating to a bus-related facility, in- richment activities.
the project is located on a Federal-aid high- cluding a facility that is used for public On page 1450, between lines 8 and 9, insert
way. transportation and intercity bus services.’’; the following:
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5755
(g) AUTHORIZATION OF APPROPRIATION FOR to authorize funds for Federal-aid high- adding at the end the following new para-
LITHIUM EXTRACTION OR PURIFICATION ACTIVI- ways, highway safety programs, and graph:
TIES.—There are authorized to be appro- ‘‘(7) LIMITATION ON DEDUCTION FOR QUALI-
transit programs, and for other pur-
priated to the Secretary $300,000,000 for each FIED CONSERVATION CONTRIBUTIONS MADE BY
poses; which was ordered to lie on the
of the fiscal years 2022 through 2026 for lith- PASS-THROUGH ENTITIES.—
ium extraction or purification activities. table; as follows:
‘‘(A) IN GENERAL.—A contribution by a
On page 2349, strike lines 10 through 21 and partnership (whether directly or as a dis-
SA 2377. Mrs. BLACKBURN sub- insert the following: ‘‘and access and report tributive share of a contribution of another
mitted an amendment intended to be the findings of the review to the Director of partnership) shall not be treated as a quali-
proposed to amendment SA 2137 pro- the Office of Management and Budget, the fied conservation contribution for purposes
posed by Mr. SCHUMER (for Ms. SINEMA Secretary of Defense, and the Secretary of of this section if the amount of such con-
State. tribution exceeds 2.5 times the sum of each
(for herself, Mr. PORTMAN, Mr. (2) REVIEW OF RECIPROCAL PROCUREMENT
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, partner’s relevant basis in such partnership.
MEMORANDA OF UNDERSTANDING.—The Made
Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(B) RELEVANT BASIS.—For purposes of this
in America Director shall review reciprocal paragraph—
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) procurement memoranda of understanding ‘‘(i) IN GENERAL.—The term ‘relevant basis’
to the bill H.R. 3684, to authorize funds entered into after the date of the enactment means, with respect to any partner, the por-
for Federal-aid highways, highway of this Act between the Department of De- tion of such partner’s modified basis in the
safety programs, and transit programs, fense and its counterparts in foreign govern- partnership which is allocable (under rules
and for other purposes; which was or- ments to assess whether domestic entities similar to the rules of section 755) to the por-
will have equal access under tion of the real property with respect to
dered to lie on the table; as follows:
Strike section 60504. which the contribution described in subpara-
SA 2382. Mrs. BLACKBURN sub- graph (A) is made.
mitted an amendment intended to be ‘‘(ii) MODIFIED BASIS.—The term ‘modified
SA 2378. Mr. LEE submitted an
proposed to amendment SA 2137 pro- basis’ means, with respect to any partner,
amendment intended to be proposed to
posed by Mr. SCHUMER (for Ms. SINEMA such partner’s adjusted basis in the partner-
amendment SA 2137 proposed by Mr. ship as determined—
(for herself, Mr. PORTMAN, Mr.
SCHUMER (for Ms. SINEMA (for herself, ‘‘(I) immediately before the contribution
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- described in subparagraph (A),
Ms. COLLINS, Mr. TESTER, Ms. MUR-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(II) without regard to section 752, and
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(III) by the partnership after taking into
to the bill H.R. 3684, to authorize funds account the adjustments described in sub-
and Mr. ROMNEY)) to the bill H.R. 3684,
for Federal-aid highways, highway clauses (I) and (II) and such other adjust-
to authorize funds for Federal-aid high-
safety programs, and transit programs, ments as the Secretary may provide.
ways, highway safety programs, and
and for other purposes; which was or- ‘‘(C) EXCEPTION FOR CONTRIBUTIONS OUTSIDE
transit programs, and for other pur- 3-YEAR HOLDING PERIOD.—Subparagraph (A)
dered to lie on the table; as follows:
poses; which was ordered to lie on the shall not apply to any contribution which is
table; as follows: On page 2149, lines 11 and 12, strike ‘‘sex,
gender identity, sexual orientation,’’. made at least 3 years after the latest of—
On page 1209, line 9, strike ‘‘illegal’’. ‘‘(i) the last date on which the partnership
that made such contribution acquired any
SA 2379. Mr. LEE submitted an SA 2383. Mr. WICKER submitted an
portion of the real property with respect to
amendment intended to be proposed to amendment intended to be proposed to which such contribution is made,
amendment SA 2137 proposed by Mr. amendment SA 2137 proposed by Mr. ‘‘(ii) the last date on which any partner in
SCHUMER (for Ms. SINEMA (for herself, SCHUMER (for Ms. SINEMA (for herself, the partnership that made such contribution
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- acquired any interest in such partnership,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(iii) if the interest in the partnership that
TESTER, Ms. MURKOWSKI, Mr. WARNER, made such contribution is held through one
and Mr. ROMNEY)) to the bill H.R. 3684, and Mr. ROMNEY)) to the bill H.R. 3684,
or more partnerships—
to authorize funds for Federal-aid high- to authorize funds for Federal-aid high-
‘‘(I) the last date on which any such part-
ways, highway safety programs, and ways, highway safety programs, and nership acquired any interest in any other
transit programs, and for other pur- transit programs, and for other pur- such partnership, and
poses; which was ordered to lie on the poses; which was ordered to lie on the ‘‘(II) the last date on which any partner in
table; as follows: table; as follows: any such partnership acquired any interest
On page 2695, lines 4 and 5, strike ‘‘for ‘Port in such partnership.
Beginning on page 2397, strike line 9 and ‘‘(D) EXCEPTION FOR FAMILY PARTNER-
all that follows through page 2399, line 10. Infrastructure Development Program’ ’’ and
insert ‘‘to carry out the port infrastructure SHIPS.—
Beginning on page 2691, strike line 13 and ‘‘(i) IN GENERAL.—Subparagraph (A) shall
all that follows through page 2692, line 24. development program under section 50302(c)
of title 46, United States Code’’. not apply with respect to any contribution
Beginning on page 2695, strike ‘‘Pro-’’ on made by any partnership if substantially all
SA 2380. Mr. LEE submitted an of the partnership interests in such partner-
line 16 and all that follows through page 2696,
amendment intended to be proposed to ship are held, directly or indirectly, by an in-
line 22.
amendment SA 2137 proposed by Mr. dividual and members of the family of such
SCHUMER (for Ms. SINEMA (for herself, SA 2384. Mr. DAINES (for himself individual.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and Ms. STABENOW) submitted an ‘‘(ii) MEMBERS OF THE FAMILY.—For pur-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. poses of this subparagraph, the term ‘mem-
amendment intended to be proposed to
TESTER, Ms. MURKOWSKI, Mr. WARNER, bers of the family’ means, with respect to
amendment SA 2137 proposed by Mr. any individual—
and Mr. ROMNEY)) to the bill H.R. 3684, SCHUMER (for Ms. SINEMA (for herself, ‘‘(I) the spouse of such individual, and
to authorize funds for Federal-aid high- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(II) any individual who bears a relation-
ways, highway safety programs, and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ship to such individual which is described in
transit programs, and for other pur- TESTER, Ms. MURKOWSKI, Mr. WARNER, subparagraphs (A) through (G) of section
poses; which was ordered to lie on the and Mr. ROMNEY)) to the bill H.R. 3684, 152(d)(2).
table; as follows: to authorize funds for Federal-aid high- ‘‘(E) APPLICATION TO OTHER PASS-THROUGH
On page 2095, strike lines 18 through 20. ENTITIES.—Except as may be otherwise pro-
ways, highway safety programs, and
On page 2149, lines 11 and 12, strike ‘‘gender vided by the Secretary, the rules of this
transit programs, and for other pur- paragraph shall apply to S corporations and
identity, sexual orientation,’’.
poses; which was ordered to lie on the other pass-through entities in the same man-
SA 2381. Mr. LEE submitted an table; as follows: ner as such rules apply to partnerships.
amendment intended to be proposed to On page 2438, between lines 12 and 13, insert ‘‘(F) REGULATIONS.—The Secretary shall
dlhill on DSK120RN23PROD with SENATE
amendment SA 2137 proposed by Mr. the following: prescribe such regulations or other guidance
SEC. 80605. LIMITATION ON DEDUCTION FOR as may be necessary or appropriate to carry
SCHUMER (for Ms. SINEMA (for herself,
QUALIFIED CONSERVATION CON- out the purposes of this paragraph, including
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- TRIBUTIONS MADE BY PASS- regulations or other guidance—
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. THROUGH ENTITIES. ‘‘(i) to require reporting, including report-
TESTER, Ms. MURKOWSKI, Mr. WARNER, (a) IN GENERAL.—Section 170(h) of the In- ing related to tiered partnerships and the
and Mr. ROMNEY)) to the bill H.R. 3684, ternal Revenue Code of 1986 is amended by modified basis of partners, and
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S5756 CONGRESSIONAL RECORD — SENATE August 3, 2021
‘‘(ii) to prevent the avoidance of the pur- SA 2385. Mr. CRUZ submitted an (K) Any other industry sector that the Ad-
poses of this paragraph.’’. amendment intended to be proposed to ministrator determines to be relevant.
(b) APPLICATION OF ACCURACY-RELATED (3) COVERED VENDOR.—The term ‘‘covered
amendment SA 2137 proposed by Mr.
PENALTIES.— vendor’’ means a vendor of cybersecurity
(1) IN GENERAL.—Section 6662(b) of the In- SCHUMER (for Ms. SINEMA (for herself, products and services, including cybersecu-
ternal Revenue Code of 1986 is amended by Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- rity risk insurance.
inserting after paragraph (9) the following SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (4) CYBERSECURITY.—The term ‘‘cybersecu-
new paragraph: TESTER, Ms. MURKOWSKI, Mr. WARNER, rity’’ means—
‘‘(10) Any disallowance of a deduction by and Mr. ROMNEY)) to the bill H.R. 3684, (A) the art of protecting networks, devices,
reason of section 170(h)(7).’’. to authorize funds for Federal-aid high- and data from unauthorized access or crimi-
(2) TREATMENT AS GROSS VALUATION ways, highway safety programs, and nal use; and
MISSTATEMENT.—Section 6662(h)(2) of such (B) the practice of ensuring the confiden-
transit programs, and for other pur- tiality, integrity, and availability of infor-
Code is amended by striking ‘‘and’’ at the
end of subparagraph (B), by striking the pe- poses; which was ordered to lie on the mation.
riod at the end of subparagraph (C) and in- table; as follows: (5) CYBERSECURITY THREAT.—The term ‘‘cy-
serting ‘‘, and’’, and by adding at the end the At the end of division I, add the following: bersecurity threat’’ means the possibility of
following new subparagraph: SEC. 90009. DESIGNATION OF CERTAIN AIRPORTS a malicious attempt to infiltrate, damage,
‘‘(D) any disallowance of a deduction de- AS PORTS OF ENTRY. disrupt, or destroy computer networks or
scribed in subsection (b)(10).’’. (a) IN GENERAL.—The President shall— systems.
(3) NO REASONABLE CAUSE EXCEPTION.—Sec- (1) pursuant to the Act of August 1, 1914 (38 (6) SMALL BUSINESS CONCERN.—The term
tion 6664(c)(2) of such Code is amended by in- Stat. 623, chapter 223; 19 U.S.C. 2), designate ‘‘small business concern’’ has the meaning
serting ‘‘or to any disallowance of a deduc- each airport described in subsection (b) as a given the term in section 3(a) of the Small
tion described in section 6662(b)(10)’’ before port of entry; and Business Act (15 U.S.C. 632(a)).
the period at the end. (2) terminate the application of the user (b) CYBERSECURITY COOPERATIVE MARKET-
(4) APPROVAL OF ASSESSMENT NOT RE- fee requirement under section 236 of the PLACE PROGRAM.—
QUIRED.—Section 6751(b)(2)(A) of such Code is Trade and Tariff Act of 1984 (19 U.S.C. 58b) (1) ESTABLISHMENT.—Not later than 180
amended by striking ‘‘subsection (b)(9)’’ and with respect to the airport. days after the date of enactment of this Act,
inserting ‘‘paragraph (9) or (10) of subsection (b) AIRPORTS DESCRIBED.—An airport de- the Administrator, in consultation with the
(b)’’. scribed in this subsection is an airport that— Director of the National Institute of Stand-
(c) APPLICATION OF STATUTE OF LIMITA- (1) is a primary airport (as defined in sec- ards and Technology, shall establish a pro-
TIONS ON ASSESSMENT AND COLLECTION.— tion 47102 of title 49, United States Code); gram to assist small business concerns with
(1) EXTENSION FOR CERTAIN ADJUSTMENTS (2) is located not more than 30 miles from purchasing cybersecurity products and serv-
MADE UNDER PRIOR LAW.—In the case of any the northern or southern international land ices.
disallowance of a deduction by reason of sec- border of the United States; (2) DUTIES.—In carrying out the program
tion 170(h)(7) of the Internal Revenue Code of (3) is associated, through a formal, legal established under paragraph (1), the Admin-
1986 (as added by this section) or any penalty instrument, including a valid contract or istrator shall—
imposed under section 6662 of such Code with governmental ordinance, with a land border (A) educate small business concerns about
respect to such disallowance, section crossing or a seaport not more than 30 miles the types of cybersecurity products and serv-
6229(d)(2) of such Code (as in effect before its from the airport; and ices that are specific to each covered indus-
repeal) shall be applied by substituting ‘‘2 (4) through such association, meets the nu- try sector; and
years’’ for ‘‘1 year’’. merical criteria considered by U.S. Customs (B) provide outreach to covered vendors
(2) EXTENSION FOR LISTED TRANSACTIONS.— and Border Protection for establishing a port and small business concerns to encourage
Any contribution described in section of entry, as set forth in— use of the cooperative marketplace described
170(h)(7)(A) of the Internal Revenue Code of (A) Treasury Decision 82–37 (47 Fed. Reg. in paragraph (3).
1986 (as added by this section) shall be treat- 10137; relating to revision of customs criteria (3) COOPERATIVE MARKETPLACE FOR PUR-
for establishing ports of entry and stations), CHASING CYBERSECURITY PRODUCTS AND SERV-
ed for purpose of sections 6501(c)(10) and
as revised by Treasury Decisions 86–14 (51 ICES.—The Administrator shall—
6235(c)(6) of such Code as a transaction spe-
Fed. Reg. 4559) and 87–65 (52 Fed. Reg. 16328); (A) establish and maintain a website that—
cifically identified by the Secretary on De-
or (i) is free to use for small business con-
cember 23, 2016, as a tax avoidance trans-
(B) any successor guidance or regulation. cerns and covered vendors; and
action for purposes of section 6011 of such
(ii) provides a cooperative marketplace
Code.
(d) APPLICATION TO CERTAIN TRANSACTIONS SA 2386. Mr. RISCH (for himself, Ms. that facilitates the creation of mutual agree-
DISALLOWED UNDER OTHER PROVISIONS OF CORTEZ MASTO, and Ms. ROSEN) sub- ments under which small business concerns
LAW.—In the case of any disallowance of a cooperatively purchase cybersecurity prod-
mitted an amendment intended to be ucts and services from covered vendors; and
deduction under section 170 of the Internal proposed to amendment SA 2137 pro-
Revenue Code of 1986 with respect a trans- (B) determine whether each covered vendor
posed by Mr. SCHUMER (for Ms. SINEMA and each small business concern that partici-
action described in Internal Revenue Service
Notice 2017-10 with respect to a taxable year (for herself, Mr. PORTMAN, Mr. pates in the marketplace described in sub-
ending before the date of the enactment of MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, paragraph (A) is legitimate, as determined
this Act, such disallowance shall be treated Ms. COLLINS, Mr. TESTER, Ms. MUR- by the Administrator.
for purposes of section 6662(b)(10) of such KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (4) SUNSET.—This subsection ceases to be
Code (as added by this section) and sub- effective on September 30, 2024.
to the bill H.R. 3684, to authorize funds (c) GAO STUDY ON AVAILABLE FEDERAL CY-
section (c)(1) as being by reason of section for Federal-aid highways, highway
170(h)(7) of such Code (as added by this sec- BERSECURITY INITIATIVES.—
tion).
safety programs, and transit programs, (1) IN GENERAL.—The Comptroller General
(e) EFFECTIVE DATE.— and for other purposes; which was or- of the United States shall conduct a study
(1) IN GENERAL.—Except as provided in dered to lie on the table; as follows: that identifies any improvements that could
paragraph (2), the amendments made by this At the appropriate place in division I, in- be made to Federal initiatives that—
section shall apply to contributions made sert the following: (A) train small business concerns how to
after December 23, 2016, in taxable years end- SEC. 90lll. CYBERSECURITY COOPERATIVE
avoid cybersecurity threats; and
ing after such date. MARKETPLACE PROGRAM. (B) are in effect on the date on which the
(2) CERTIFIED HISTORIC STRUCTURES.—In the (a) DEFINITIONS.—In this section: Comptroller General commences the study.
case of contributions the conservation pur- (1) ADMINISTRATOR.—The term ‘‘Adminis- (2) REPORT.—Not later than 1 year after
pose (as defined in section 170(h)(4) of the In- trator’’ means the Administrator of the the date of enactment of this Act, the Comp-
ternal Revenue Code of 1986) of which is the Small Business Administration. troller General of the United States shall
preservation of a certified historic structure (2) COVERED INDUSTRY SECTORS.—The term submit to the Committee on Small Business
(as defined in section 170(h)(4)(C) of such ‘‘covered industry sectors’’ means the fol- and Entrepreneurship of the Senate and the
Code), the amendments made by this section lowing industry sectors: Committee on Small Business of the House
shall apply to contributions made in taxable (A) Accommodation and food services. of Representatives a report that contains the
years beginning after December 31, 2018. (B) Agriculture. results of the study required under para-
(3) NO INFERENCE.—No inference is intended (C) Construction. graph (1).
dlhill on DSK120RN23PROD with SENATE
as to the appropriate treatment of contribu- (D) Healthcare and social assistance.
SA 2387. Mr. CRUZ submitted an
tions made in taxable years ending on or be- (E) Retail and wholesale trade.
fore the date specified in paragraph (1) or (2), (F) Transportation and warehousing. amendment intended to be proposed to
whichever is applicable, or as to any activity (G) Entertainment and recreation. amendment SA 2137 proposed by Mr.
not described in section 170(h)(7) of the Inter- (H) Finance and insurance. SCHUMER (for Ms. SINEMA (for herself,
nal Revenue Code of 1986, as added by this (I) Manufacturing. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
section. (J) Information and telecommunications. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5757
TESTER, Ms. MURKOWSKI, Mr. WARNER, transit programs, and for other pur- (8) Critical race theory, according to Herit-
and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the age Foundation visiting fellow Chris Rufo
to authorize funds for Federal-aid high- table; as follows: (referred to in this section as ‘‘Rufo’’), is
‘‘the idea that the United States is a fun-
ways, highway safety programs, and At the appropriate place, insert the fol-
lowing: damentally racist country and that all of the
transit programs, and for other pur- institutions, including the law, culture, busi-
poses; which was ordered to lie on the SEC. lll. PROHIBITION ON EXECUTIVE AGEN-
CIES ACTING IN CONTRAVENTION ness, the economy are all designed to main-
table; as follows: OF EXECUTIVE ORDER 13950. tain white supremacy’’.
At the appropriate place in division F, in- (a) DEFINITIONS.— (9) Critical race theory is, at its core, anti-
sert the following: (1) EO 13950.—The term ‘‘EO 13950’’ means American, discriminatory, and based on
SEC. lll. GAO REVIEWS. Executive Order 13950 (5 U.S.C. 4103 note; re- Marxist ideology.
(a) REPORT TO COMMITTEES.—Not later lating to combating race and sex stereo- (10) Critical race theory relies on a Marxist
than 180 days after the date of enactment of typing). analytical framework, viewing society in
this Act, the Comptroller General of the (2) EXECUTIVE AGENCY.—The term ‘‘Execu- terms of the oppressed and the oppressor,
United States shall submit to the Committee tive agency’’ has the meaning given the term and instills a defeatist mentality in the indi-
on Commerce, Science, and Transportation in section 105 of title 5, United States Code. viduals that critical race theory casts as the
of the Senate and the Committee on Energy (b) FINDINGS.—Congress finds the fol- oppressed.
and Commerce of the House of Representa- lowing: (11) Critical race theory’s objective is the
tives a report that analyzes, for the 20-year (1) On September 22, 2020, President Trump destruction and replacement of Western En-
period preceding the date of enactment of issued EO 13950. lightenment Liberalism with a Marxist-in-
this Act— (2) EO 13950 was designed ‘‘to promote fluenced government.
(1) the total amount spent by the Federal economy and efficiency in Federal con- (12) Critical race theory intentionally
Government regarding the deployment of tracting, to promote unity in the Federal seeks to undermine capitalism and western
broadband, without regard to whether the workforce, and to combat offensive and anti- values, such as property rights, free speech,
source of that funding was appropriated American race and sex stereotyping and and the very concept of Lockean natural
amounts, user-generated fees, or any other scapegoating’’. rights.
source; and (3) Specifically, EO 13950, among other (13) At the Department of Homeland Secu-
(2) the total amount spent by State and things, prohibited Federal agencies from rity, Rufo explained, trainers ‘‘insisted that
local governments regarding the deployment teaching, advocating, acting upon, or pro- statements such as ‘America is the land of
of broadband, without regard to whether the moting in any training to agency employees opportunity,’ ‘Everybody can succeed in this
source of that funding was appropriated certain divisive concepts, such as concepts society, if they work hard enough,’ and ‘I be-
amounts, user-generated fees, or any other that include a teaching or belief that ‘‘(1) lieve the most qualified person should get
source. one race or sex is inherently superior to an- the job’ are racist and harmful’’.
(b) ANNUAL ANALYSIS.— other race or sex; (2) the United States is
(14) At a training session at the National
(1) IN GENERAL.—Not later than 1 year after fundamentally racist or sexist; (3) an indi-
Credit Union Administration, diversity
the date of enactment of this Act, and annu- vidual, by virtue of his or her race or sex, is
trainer Howard Ross taught that ‘‘It is irref-
ally thereafter, the Comptroller General of inherently racist, sexist, or oppressive,
utable that [American society] is a system
the United States shall conduct a review of, whether consciously or unconsciously; (4) an
based on racism’’ and ‘‘good and decent
for the year covered by the review— individual should be discriminated against
[White] people . . . support the status quo
(A) the total amount spent by the Federal or receive adverse treatment solely or partly
[of] a system of systematized racism’’.
Government, and State and local govern- because of his or her race or sex; (5) members
(15) According to Rufo, employees of the
ments, regarding the deployment of of one race or sex cannot and should not at-
Department of the Treasury and Federal fi-
tempt to treat others without respect to race
broadband, without regard to whether the nancial agencies attended a series of events
or sex; (6) an individual’s moral character is
source of that funding was appropriated at which diversity trainer Howard Ross
necessarily determined by his or her race or
amounts, user-generated fees, or any other taught employees that all White individuals
sex; (7) an individual, by virtue of his or her
source; in the United States are complicit in White
race or sex, bears responsibility for actions
(B) the return on investment with respect supremacy ‘‘by automatic response to the
committed in the past by other members of
to the investment described in subparagraph ways we’re taught Whiteness includes White
the same race or sex; (8) any individual
(A); and privilege and White supremacy’’.
should feel discomfort, guilt, anguish, or any
(C) which Federal programs and agencies (16) Martin Luther King, Jr., in his ‘‘I have
other form of psychological distress on ac-
have engaged in activities regarding the de- a dream speech’’ said, ‘‘I look to a day when
count of his or her race or sex; or (9)
ployment of broadband. meritocracy or traits such as a hard work people will not be judged by the color of
(2) PUBLIC AVAILABILITY.—The Comptroller ethic are racist or sexist, or were created by their skin, but by the content of their char-
General of the United States shall make the a particular race to oppress another race’’. acter’’.
results of each review conducted under para- (4) EO 13950 further required that diversity (17) By teaching that certain individuals,
graph (1) publicly available in an easily ac- and inclusion efforts of Federal agencies by virtue of inherent characteristics, are in-
cessible electronic format. must ‘‘first and foremost, encourage agency herently flawed, critical race theory con-
employees not to judge each other by their tradicts the basic principle upon which the
SA 2388. Mr. CRUZ (for himself, Mr. color, race, ethnicity, sex, or any other char- United States was founded that all men and
BARRASSO, and Mr. CORNYN) submitted acteristic protected by Federal law’’. women are created equal.
an amendment intended to be proposed (5) EO 13950 was issued soon after the Di- (18) The teachings of critical race theory
to amendment SA 2137 proposed by Mr. rector of the Office of Management and stand in contrast to the overarching goal of
SCHUMER (for Ms. SINEMA (for herself, Budget, Russell Vought, issued a September the Civil Rights Act of 1964 (42 U.S.C. 2000A
4, 2020, memorandum (referred to in this sec- et seq.) to prevent discrimination on the
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
tion as the ‘‘September 4, 2020, memo- basis of race, color, or national origin in the
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. United States.
randum’’) in which he explained that—
TESTER, Ms. MURKOWSKI, Mr. WARNER, (A) millions of taxpayer dollars have been (19) Critical race theory seeks to portray
and Mr. ROMNEY)) to the bill H.R. 3684, spent on training Federal employees to ‘‘be- the United States not as a united Nation of
to authorize funds for Federal-aid high- lieve divisive, anti-American propaganda’’; individuals, families, and communities striv-
ways, highway safety programs, and (B) training sessions have taught that ing for a common purpose, but rather a Na-
transit programs, and for other pur- ‘‘virtually all White people contribute [or tion of many victimized groups based on sex,
poses; which was ordered to lie on the benefit from] to racism’’; and race, national origin, and gender.
(C) training sessions have claimed that (20) Critical race theory, and its emphasis
table; as follows:
‘‘there is racism embedded in the belief that on predetermining the thoughts, beliefs, and
Strike section 80201. America is the land of opportunity or the be- actions of an individual, flouts the guarantee
lief that the most qualified person should re- of Constitution of the United States of equal
SA 2389. Mr. CRUZ submitted an ceive a job’’. protection under the law to all men and
amendment intended to be proposed to (6) In the September 4, 2020, memorandum, women.
amendment SA 2137 proposed by Mr. Director Vought further explained that the (21) On January 20, 2021, President Joe
SCHUMER (for Ms. SINEMA (for herself, trainings described in paragraph (5) ‘‘not Biden issued Executive Order 13985 (86 Fed.
dlhill on DSK120RN23PROD with SENATE
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- only run counter to the fundamental beliefs Reg. 7009; relating to advancing racial equity
for which our Nation has stood since its in- and support for underserved communities
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ception, but they also engender division and through the Federal Government) (referred
TESTER, Ms. MURKOWSKI, Mr. WARNER, resentment within the Federal workforce’’. to in this section as ‘‘EO 13985’’), which re-
and Mr. ROMNEY)) to the bill H.R. 3684, (7) EO 13950 and the September 4, 2020, voked EO 13950.
to authorize funds for Federal-aid high- memorandum stood as a direct rebuke of so- (22) The people of the United States should
ways, highway safety programs, and called ‘‘critical race theory’’. defend the civil rights of all people and seek
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S5758 CONGRESSIONAL RECORD — SENATE August 3, 2021
to eliminate racism wherever it exists. Crit- ways, highway safety programs, and ‘‘(1) INCORPORATION OF COMMENTS AND PUB-
ical race theory and its propagation within transit programs, and for other pur- LICATION OF FINAL ENVIRONMENTAL IMPACT
the Federal Government through EO 13985 poses; which was ordered to lie on the STATEMENT.—Subject to paragraph (2)(C), not
desecrates this paramount pursuit to elimi- later than 30 days after the date on which
table; as follows:
nate racism. the public comment period for a draft envi-
(c) PROHIBITION.—No Executive agency On page 304, between lines 3 and 4, insert ronmental impact statement under sub-
may act in contravention of EO 13950, except the following: section (d) ends, the lead agency shall—
as EO 13950 relates to contractors and grant SEC. 11320. LIMITATIONS ON CLAIMS.
‘‘(A) incorporate any necessary changes;
recipients. (a) IN GENERAL.—Section 139(l) of title 23, and
(d) LIMITATION ON FUNDS.—An Executive United States Code, is amended by striking ‘‘(B) approve, adopt, and publish the final
agency or any other recipient of Federal ‘‘150 days’’ each place it appears and insert- environmental impact statement.
funds may not use Federal funds to teach or ing ‘‘90 days’’. ‘‘(2) PREPARATION BY PROJECT SPONSOR.—
advance the idea, or otherwise award any (b) CONFORMING AMENDMENTS.—
‘‘(A) IN GENERAL.—Notwithstanding any
grant or subgrant using Federal funds to any (1) Section 330(e) of title 23, United States
other provision of law, an environmental im-
Executive agency, entity, or individual that Code, is amended—
pact statement for a covered project shall
teaches or otherwise advances the idea, (A) in paragraph (2)(A), by striking ‘‘150
not be considered legally insufficient solely
that— days’’ and inserting ‘‘90 days’’; and
because the draft environmental impact
(1) one race is inherently superior or infe- (B) in paragraph (3)(B)(i), by striking ‘‘150
statement was prepared by, or under the su-
rior to another race; days’’ and inserting ‘‘90 days’’.
pervision of, the project sponsor, if the lead
(2) an individual or a group of individuals, (2) Section 24201(a)(4) of title 49, United
agency—
by virtue of the race of the individual or States Code, is amended by striking ‘‘of 150
‘‘(i) furnishes guidance and participates in
group of individuals— days’’.
On page 2304, strike line 15. the preparation of the environmental impact
(A) is superior or inferior to another indi- On page 2305, between lines 19 and 20, insert statement;
vidual, or a group of individuals, who is of a the following: ‘‘(ii) independently evaluates the environ-
different race; (C) in paragraph (4)(A), by striking ‘‘or mental impact statement; and
(B) bears responsibility or moral culpa- (C)’’ and inserting ‘‘or (D)’’; and ‘‘(iii) approves and adopts the environ-
bility for the actions committed by other in- On page 2305, strike lines 21 through 23 and mental impact statement.
dividuals who are of the same race as the in- insert the following: ‘‘(B) APPROVAL AND ADOPTION OF DRAFT
dividual or group of individuals; or (A) in subparagraph (A)— STATEMENT.—If the lead agency approves and
(C) is inherently racist or oppressive, (i) by striking ‘‘coordination’’ and insert- adopts a draft environmental impact state-
whether consciously or unconsciously; ing ‘‘coordinated’’; and ment described in subparagraph (A), the lead
(3) the race of an individual or a group of (ii) by striking ‘‘subparagraph (C)’’ and in- agency shall publish the draft environmental
individuals is determinative of the moral serting ‘‘subparagraph (D)’’; impact statement for public comment not
worth of the individual or group of individ- (B) by redesignating subparagraphs (B) later than 30 days after the date on which
uals; through (G) as subparagraphs (C) through the lead agency receives the draft environ-
(4) the United States is a fundamentally (H), respectively; mental impact statement.
racist country; or (C) by inserting after subparagraph (A) the ‘‘(C) RESUBMISSION.—If the lead agency de-
(5) the founding documents of the United following: termines that a draft environmental impact
States, including the Declaration of Inde- ‘‘(B) NOTICE OF INTENT AND SCOPING.— statement described in subparagraph (A) is
pendence and the Constitution of the United ‘‘(i) IN GENERAL.—The permitting time- legally insufficient or deficient in a respect
States, are fundamentally racist documents. table under subparagraph (A) shall require that could affect the decision of a lead agen-
that not later than 5 business days after the cy or a cooperating agency, the lead agency
SA 2390. Mr. CRUZ submitted an Coordinated Project Plan is required to be shall, not later than 30 days after the date on
amendment intended to be proposed to established under paragraph (1)(A), the lead which the agency receives the draft environ-
amendment SA 2137 proposed by Mr. agency shall publish in the Federal Register mental impact statement—
SCHUMER (for Ms. SINEMA (for herself, a notice of intent to prepare the relevant en- ‘‘(i) indicate all deficiencies in the draft
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- vironmental document required by NEPA. environmental impact statement to the
‘‘(ii) ENVIRONMENTAL IMPACT STATE- project sponsor for remediation; and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
MENTS.—If the relevant environmental docu- ‘‘(ii) allow the project sponsor to resubmit
TESTER, Ms. MURKOWSKI, Mr. WARNER, the draft detailed statement in accordance
ment required by NEPA is an environmental
and Mr. ROMNEY)) to the bill H.R. 3684, impact statement, the notice of intent re- with subparagraph (B).
to authorize funds for Federal-aid high- quired under clause (i) and the permitting ‘‘(D) SAVINGS PROVISION.—The procedures
ways, highway safety programs, and timetable under subparagraph (A) shall pro- under this paragraph shall not relieve any
transit programs, and for other pur- vide for a public scoping period of not longer agency of—
poses; which was ordered to lie on the than 60 days, which shall begin not later ‘‘(i) any responsibility for the scope, objec-
table; as follows: than 30 days after the date on which the no- tivity, or content of an environmental im-
tice of intent is published.’’; pact statement; or
At the end of division I, add the following:
(D) in clause (i) of subparagraph (E) (as so ‘‘(ii) any other responsibility under NEPA.
SEC. 90009. RESTRICTION OF FUNDING FOR ‘‘(g) RECORD OF DECISION.—When an envi-
LOCAL EDUCATIONAL AGENCIES redesignated)—
On page 2306, line 11, strike ‘‘and’’ at the ronmental impact statement is prepared,
THAT DO NOT HAVE IN-PERSON IN-
STRUCTION. end. Federal agencies shall, to the maximum ex-
On page 2306, strike line 15 and insert the tent practicable, issue a record of decision
Notwithstanding any other provision of
following: not later than 90 days after the date on
this Act, or an amendment made by this Act,
(iv) in subclause (IV) (as so redesignated), which the final environmental impact state-
no funds shall be provided under this Act, or
by striking ‘‘subparagraph (B)’’ and inserting ment is issued.’’.
an amendment made by this Act, to a local On page 2311, line 20, strike ‘‘and’’ at the
educational agency (as defined in section ‘‘subparagraph (C)’’; and
(E) in subparagraph (G) (as so redesig- end.
8101 of the Elementary and Secondary Edu- On page 2311, strike lines 21 through 23 and
cation Act of 1965 (20 U.S.C. 7801)) if any pub- nated)—
On page 2306, strike line 19. insert the following:
lic elementary school or secondary school (2) in subsection (b), in the matter pre-
On page 2306, between lines 21 and 22, insert
served by such agency does not provide, in ceding paragraph (1), by striking ‘‘In addi-
the following:
the 2021–2022 school year, 5-day-a-week, in- tion’’ and inserting ‘‘Subject to subsection
(III) by striking ‘‘subparagraph (D)’’ and
classroom instruction for the students en- (c), in addition’’;
inserting ‘‘subparagraph (E)’’; and
rolled in the school in the same manner as 5- On page 2307, line 12, strike the period at (3) by redesignating subsections (c)
day-a-week, in-classroom instruction for the the end and insert ‘‘; and’’. through (e) as subsections (d) through (f), re-
students enrolled in the school was provided On page 2307, between lines 12 and 13, insert spectively;
in the 2018–2019 school year. the following: (4) by inserting after subsection (b) the fol-
(F) in clause (iii) of subparagraph (H) (as so lowing:
SA 2391. Mr. CRUZ submitted an redesignated), by striking ‘‘subparagraph ‘‘(c) PRELIMINARY INJUNCTIVE RELIEF IN
amendment intended to be proposed to (F)’’ and inserting ‘‘subparagraph (G)’’. NEPA ACTIONS.—In the case of an action per-
amendment SA 2137 proposed by Mr. On page 2310, strike lines 23 and 24 and in- taining to an environmental review con-
dlhill on DSK120RN23PROD with SENATE
SCHUMER (for Ms. SINEMA (for herself, sert the following: ducted under NEPA, a court shall not issue a
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (4) by redesignating subsection (f) as sub- temporary restraining order or preliminary
section (h); and injunction against an agency or a project
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
On page 2311, strike lines 3 through 7 and sponsor in connection with the review or au-
TESTER, Ms. MURKOWSKI, Mr. WARNER, insert the following: thorization of a covered project unless the
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(f) FINAL ENVIRONMENTAL IMPACT STATE- court, in the discretion of the court, deter-
to authorize funds for Federal-aid high- MENT.— mines that—
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5759
‘‘(1) the environmental review has failed ‘‘(1) QUALIFIED DISASTER MITIGATION EX- such as interior and exterior sprinkler sys-
substantially and materially to comply with PENDITURE.— tems,
the requirements of NEPA; and ‘‘(A) IN GENERAL.—The term ‘qualified dis- ‘‘(XVII) water capture and delivery sys-
‘‘(2) the failure described in paragraph (1) aster mitigation expenditure’ means an ex- tems to accommodate drought events or to
cannot be cured by supplementing the envi- penditure relating to a qualified dwelling decrease water use, including the design of
ronmental document or other mitigation and unit— such systems,
monitoring measures.’’; and ‘‘(i) for property to— ‘‘(XVIII) flood openings for fully enclosed
(5) in subsection (f) (as so redesignated), in ‘‘(I) improve the strength of a roof deck at- areas below the lowest floor of the dwelling
the matter preceding paragraph (1), by strik- tachment, unit,
ing ‘‘this section’’ and inserting ‘‘this title’’. ‘‘(II) create a secondary water barrier to ‘‘(XIX) lateral bracing for wall elements,
--- prevent water intrusion or mitigate against foundation elements, and garage doors or
SA 2392. Mr. BENNET submitted an potential water intrusion from wind-driven other large openings to resist seismic loads,
amendment intended to be proposed to rain, or
amendment SA 2137 proposed by Mr. ‘‘(III) improve the durability, impact re- ‘‘(XX) automatic shutoff valves for water
sistance (not less than class 3 or 4 rating), or and gas lines, or
SCHUMER (for Ms. SINEMA (for herself, fire resistance (not less than class A rating) ‘‘(iii) for services or equipment to—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- of a roof covering, ‘‘(I) create buffers around the qualified
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(IV) brace gable-end walls, dwelling unit through the removal or reduc-
TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(V) reinforce the connection between a tion of flammable vegetation, including
and Mr. ROMNEY)) to the bill H.R. 3684, roof and supporting wall, vertical clearance of tree branches,
to authorize funds for Federal-aid high- ‘‘(VI) protect openings from penetration by ‘‘(II) create buffers around the dwelling
ways, highway safety programs, and wind-borne debris, unit through—
‘‘(VII) protect exterior doors and garages ‘‘(aa) the removal of exterior deck or fence
transit programs, and for other pur- from natural hazards, components or ignition-prone landscape fea-
poses; which was ordered to lie on the ‘‘(VIII) complete measures contained in tures, or
table; as follows: the publication of the Federal Emergency ‘‘(bb) replacement of the components or
At the end of division H, insert the fol- Management Agency entitled ‘Wind Retrofit features described in item (aa) with compo-
lowing: Guide for Residential Buildings’ (P–804), nents or features that conform to ignition-
TITLE VII—DISASTER MITIGATION ‘‘(IX) elevate the qualified dwelling unit, resistant construction standards,
as well as utilities, machinery, or equip- ‘‘(III) perform fire maintenance procedures
SEC. 80701. SHORT TITLE.
ment, above the base flood elevation or other identified by the Federal Emergency Man-
This title may be cited as the ‘‘SHELTER applicable minimum elevation requirement, agement Agency or the United States Forest
Act’’. ‘‘(X) seal walls in the basement of the Service, including fuel management tech-
SEC. 80702. NONREFUNDABLE PERSONAL CREDIT qualified dwelling unit using waterproofing niques such as creating fuel and fire breaks,
FOR DISASTER MITIGATION EX- compounds, or ‘‘(IV) gather and analyze water and weath-
PENDITURES.
‘‘(XI) protect propane tanks or other exter- er data to better understand the local cli-
(a) IN GENERAL.—Subpart A of part IV of nal fuel sources, mate and drought history,
subchapter A of chapter 1 of the Internal ‘‘(ii) to install— ‘‘(V) replace flammable vegetation with
Revenue Code of 1986 is amended by inserting ‘‘(I) check valves to prevent flood water less flammable species, or
after section 25D the following new section: from backing up into drains, ‘‘(VI) determine the risk of natural disas-
‘‘SEC. 25E.DISASTER MITIGATION EXPENDI- ‘‘(II) flood vents, breakaway walls or open ters which may occur in the area in which
TURES. lattice for homes located in V zones, the qualified dwelling unit is located, or
‘‘(a) ALLOWANCE OF CREDIT.—In the case of ‘‘(III) a stormwater drainage system or im- ‘‘(iv) for property relating to satisfying the
an individual, there shall be allowed as a prove an existing system, standards required for receipt of a FOR-
credit against the tax imposed by this chap- ‘‘(IV) natural or nature-based features for TIFIED designation from the Insurance In-
ter for the taxable year an amount equal to flood control, including living shorelines, stitute for Business and Home Safety, pro-
25 percent of the qualified disaster mitiga- ‘‘(V) roof coverings, sheathing, flashing, vided that the qualified dwelling unit re-
tion expenditures made by the taxpayer dur- roof and attic vents, eaves, or gutters that ceives such designation following installa-
ing such taxable year. conform to ignition-resistant construction tion of such property.
‘‘(b) MAXIMUM CREDIT.— standards, ‘‘(B) EXCEPTION.—The term ‘qualified dis-
‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(VI) wall components for wall assemblies aster mitigation expenditure’ shall not in-
the credit allowed under subsection (a) for that conform to ignition-resistant construc- clude any expenditure or portion thereof
any taxable year shall not exceed $5,000. tion standards, which is paid, funded, or reimbursed by a
‘‘(2) PHASEOUT.— ‘‘(VII) a wall-to-foundation anchor or con- Federal, State, or local government entity,
‘‘(A) IN GENERAL.—The amount under para- nector, or a shear transfer anchor or con- or any political subdivision, agency, or in-
graph (1) for the taxable year shall be re- nector, strumentality thereof.
duced (but not below zero) by an amount ‘‘(VIII) wood structural panel sheathing for ‘‘(2) QUALIFIED DWELLING UNIT.—The term
which bears the same ratio to the amount strengthening cripple walls, ‘qualified dwelling unit’ means a dwelling
under such paragraph as— ‘‘(IX) anchorage of the masonry chimney unit which is—
‘‘(i) the amount (not less than zero) equal to the framing, ‘‘(A) located—
to the adjusted gross income of the taxpayer ‘‘(X) prefabricated lateral resisting sys- ‘‘(i) in the United States or in a territory
for such taxable year minus $84,200, bears to tems, of the United States, and
‘‘(ii) $40,800. ‘‘(XI) a standby generator system con- ‘‘(ii) in an area—
‘‘(B) JOINT RETURN.—For purposes of deter- sisting of a standby generator and an auto- ‘‘(I) in which a Federal disaster declaration
mining the amount of any reduction under matic transfer switch, has been made within the preceding 10-year
subparagraph (A) for any taxable year, if a ‘‘(XII) a storm shelter that meets the de- period, or
joint return was filed for such taxable year, sign and construction standards established ‘‘(II) which is adjacent to an area described
each of the dollar amounts under such sub- by the International Code Council and the in subclause (I), and
paragraph shall be doubled. National Storm Shelter Association (ICC– ‘‘(B) used as a residence by the taxpayer.
‘‘(C) INFLATION ADJUSTMENT.—In the case 500), or a safe room that satisfies the criteria ‘‘(d) LIMITATION.—
of any taxable year after 2022, each of the contained in— ‘‘(1) IN GENERAL.—In the case of an expend-
dollar amounts under subparagraph (A) shall ‘‘(aa) the publication of the Federal Emer- iture described in clause (i) or (ii) of sub-
be increased by an amount equal to— gency Management Agency entitled ‘Safe section (c)(1)(A), such expenditure shall be
‘‘(i) such dollar amount, multiplied by Rooms for Tornadoes and Hurricanes’ (P– taken into account in determining the quali-
‘‘(ii) the cost-of-living adjustment deter- 361), or fied disaster mitigation expenditures made
mined under section 1(f)(3) for the calendar ‘‘(bb) the publication of the Federal Emer- by the taxpayer during the taxable year only
year in which the taxable year begins, deter- gency Management Agency entitled ‘Taking if the onsite preparation, assembly, or origi-
mined by substituting ‘calendar year 2021’ Shelter from the Storm’ (P–320), nal installation of the property with respect
for ‘calendar year 2016’ in subparagraph ‘‘(XIII) a lightning protection system, to which such expenditure is made has been
(A)(ii) thereof. ‘‘(XIV) exterior walls, doors, windows, or completed in a manner that is deemed to be
‘‘(D) ROUNDING.—If any reduction deter- other exterior dwelling unit elements that in compliance with the latest published edi-
dlhill on DSK120RN23PROD with SENATE
mined under subparagraph (A) or (B) is not a conform to ignition-resistant construction tions of relevant consensus-based codes,
multiple of $50, or any increase under sub- standards, specifications, and standards or any more re-
paragraph (C) is not a multiple of $50, such ‘‘(XV) exterior deck or fence components strictive Federal, State, or local floodplain
amount shall be rounded to the nearest mul- that conform to ignition-resistant construc- management standards and consistent with
tiple of $50. tion standards, floodplain management regulations for the
‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(XVI) structure-specific water hydration local jurisdiction in which the qualified
tion— systems, including fire mitigation systems dwelling unit is located.
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S5760 CONGRESSIONAL RECORD — SENATE August 3, 2021
‘‘(2) LATEST PUBLISHED EDITIONS.—The amount shall be rounded to the nearest mul- (C) by adding at the end the following:
term ‘latest published editions’ means, with tiple of $50. ‘‘(H) developing and maintaining a diverse
respect to relevant consensus-based codes, ‘‘(c) QUALIFIED DISASTER MITIGATION EX- workforce in transportation sectors;’’; and
specifications, and standards, either of the 2 PENDITURE.—For purposes of this section, the (2) by adding at the end the following:
most recently published editions. term ‘qualified disaster mitigation expendi- ‘‘(e) DEFINITIONS.—In this section:
‘‘(e) LABOR COSTS.—For purposes of this ture’ has the same meaning given such term ‘‘(1) INTELLIGENT TRANSPORTATION TECH-
section, expenditures for labor costs properly under paragraph (1) of section 25E(c), except NOLOGY.—The term ‘intelligent transpor-
allocable to the onsite preparation, assem- that ‘place of business’ shall be substituted tation technology’ means an operational sys-
bly, or original installation of the property for ‘qualified dwelling unit’ each place it ap- tem of various technologies that, when com-
described in clause (i) or (ii) of subsection pears in such paragraph. bined and managed, improve the operating
(c)(1)(A) shall be taken into account in deter- ‘‘(d) SPECIAL RULES.—Rules similar to the capabilities and safety of the overall trans-
mining the qualified disaster mitigation ex- rules of subsections (d) through (g) of section portation system.
penditures made by the taxpayer during the 25E shall apply for purposes of this section.’’. ‘‘(2) TRANSPORTATION SECTOR.—The term
(b) CONFORMING AMENDMENTS.— ‘transportation sector’ means an industry
taxable year.
(1) Section 38(b) of such Code is amended
‘‘(f) INSPECTION COSTS.—For purposes of sector that is involved in construction, man-
by striking ‘‘plus’’ at the end of paragraph
this section, expenditures for the cost of any ufacturing, maintenance, operation, inspec-
(32), by striking the period at the end of
inspection required under subsection (d) tion, logistics, design, or engineering with
paragraph (33) and inserting ‘‘, plus’’, and by
which is properly allocable to the inspection respect to transportation equipment, mate-
adding at the end the following new para-
of the preparation, assembly, or installation rials, technologies, including intelligent
graph:
of the property described in clause (i) or (ii) transportation technologies, or infrastruc-
‘‘(34) the disaster mitigation credit deter-
of subsection (c)(1)(A) shall be taken into ac- ture relating to surface, transit, railway,
mined under section 45U(a).’’.
count in determining the qualified disaster aviation, and maritime transportation.’’.
(2) The table of sections for subpart D of
mitigation expenditures made by the tax- (b) CONFORMING AMENDMENTS.—Section
part IV of subchapter A of chapter 1 of such 5505 of title 49, United States Code (as
payer during the taxable year. Code is amended by inserting after the item
‘‘(g) DOCUMENTATION.—Any taxpayer claim- amended by section 25017) is amended—
relating to section 45T the following new (1) in subsection (a)(2)(C), by striking ‘‘sub-
ing the credit under this section shall pro- item:
vide the Secretary with adequate docu- paragraphs (A) through (G) of section
mentation regarding the specific qualified ‘‘Sec. 45U. Disaster mitigation credit.’’. 6503(c)(1)’’ and inserting ‘‘subparagraphs (A)
(c) EFFECTIVE DATE.—The amendments through (H) of section 6503(c)(1)’’;
disaster mitigation expenditures made by made by this section shall apply to taxable
the taxpayer during the taxable year, as well (2) in subsection (b)(4)(A), by striking ‘‘sub-
years beginning after December 31, 2021.
as such other information or documentation paragraphs (A) through (G) of section
as the Secretary may require.’’. SA 2393. Ms. CORTEZ MASTO (for 6503(c)(1)’’ and inserting ‘‘subparagraphs (A)
(b) CONFORMING AMENDMENT.—The table of through (H) of section 6503(c)(1)’’; and
herself and Mr. CRAMER) submitted an
sections for subpart A of part IV of sub- (3) in subsection (c)(3)(E)(i), by striking
amendment intended to be proposed to ‘‘subparagraphs (A) through (G) of section
chapter A of chapter 1 of such Code is
amended by inserting after the item relating amendment SA 2137 proposed by Mr. 6503(c)(1)’’ and inserting ‘‘subparagraphs (A)
to section 25D the following new item: SCHUMER (for Ms. SINEMA (for herself, through (H) of section 6503(c)(1)’’.
‘‘Sec. 25E. Disaster mitigation expendi- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SEC. 250ll. EMERGING TECHNOLOGIES IN THE
tures.’’. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. TRANSPORTATION WORKFORCE.
(c) EFFECTIVE DATE.—The amendments TESTER, Ms. MURKOWSKI, Mr. WARNER, (a) EMERGING TECHNOLOGIES RECOMMENDA-
and Mr. ROMNEY)) to the bill H.R. 3684, TION EFFORTS.—To the maximum extent
made by this section shall apply to taxable
years beginning after December 31, 2021. to authorize funds for Federal-aid high- practicable, the Secretary shall implement
certain recommendations of the Comptroller
SEC. 80703. BUSINESS-RELATED CREDIT FOR DIS- ways, highway safety programs, and General of the United States identified in
ASTER MITIGATION. transit programs, and for other pur- the report entitled ‘‘Automated Tech-
(a) IN GENERAL.—Subpart D of part IV of poses; which was ordered to lie on the nologies: DOT Should Take Steps to Ensure
subchapter A of chapter 1 of the Internal table; as follows: Its Workforce Has Skills Needed to Oversee
Revenue Code of 1986 is amended by inserting Safety’’ and dated December 2020, including
In section 102(f)(1)(C) of title 49, United
after section 45T the following new section: by—
States Code (as added by section 14009(2)),
‘‘SEC. 45U. DISASTER MITIGATION CREDIT. (1) carrying out efforts to identify all cy-
strike ‘‘and’’ at the end.
‘‘(a) GENERAL RULE.—For purposes of sec- In section 102(f)(1) of title 49, United States bersecurity occupations across the Depart-
tion 38, the disaster mitigation credit deter- Code (as added by section 14009(2)), redesig- ment, and incorporating the occupations re-
mined under this section for any taxable nate subparagraph (D) as subparagraph (E). lating to overseeing the cybersecurity of
year is an amount equal to 25 percent of the In section 102(f)(1) of title 49, United States automated technologies into the workforce
qualified disaster mitigation expenditures Code (as added by section 14009(2)), insert planning efforts of the Department;
made by the taxpayer during the taxable after subparagraph (C) the following: (2) assessing skill gaps in key occupations
year. ‘‘(D) to provide technical assistance to In- that are involved in overseeing the safety of
‘‘(b) MAXIMUM CREDIT.— dian Tribes and Tribal organizations with re- automated technologies and implementing
‘‘(1) IN GENERAL.—Subject to paragraph (2), spect to the financing of Tribal transpor- strategies to close those gaps;
the amount of the credit determined under tation projects across Federal programs; and (3) not less frequently than annually,
subsection (a) for any taxable year shall not measuring the progress of strategies imple-
exceed $5,000. SA 2394. Ms. CORTEZ MASTO sub- mented to close the skill gaps described in
‘‘(2) PHASEOUT.— mitted an amendment intended to be paragraph (2) and ensuring other modal ad-
‘‘(A) IN GENERAL.—The amount under para- proposed to amendment SA 2137 pro- ministrations of the Department offer train-
graph (1) for the taxable year shall be re- posed by Mr. SCHUMER (for Ms. SINEMA ing to close those gaps;
duced (but not below zero) by an amount (for herself, Mr. PORTMAN, Mr. (4) collecting and analyzing information on
which bears the same ratio to the amount MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, the effectiveness of recruiting strategies, in-
under such paragraph as— Ms. COLLINS, Mr. TESTER, Ms. MUR- cluding special payment authorities, in at-
‘‘(i) the amount (not less than zero) equal tracting employees of the Department to oc-
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
to the average gross receipts of the taxpayer cupations that oversee the safety of auto-
over the 3 preceding taxable years minus to the bill H.R. 3684, to authorize funds
mated technologies; and
$5,000,000, bears to for Federal-aid highways, highway
(5) sharing the effective recruiting strate-
‘‘(ii) $5,000,000. safety programs, and transit programs, gies described in paragraph (4) with other
‘‘(B) INFLATION ADJUSTMENT.—In the case and for other purposes; which was or- modal administrations of the Department.
of any taxable year after 2022, each of the dered to lie on the table; as follows: (b) EMERGING TECHNOLOGIES COORDINATION
dollar amounts under subparagraph (A) shall At the appropriate place in title V of divi- EFFORT.—At a minimum, the Office of Re-
be increased by an amount equal to— sion B, insert the following: search, Development, and Technology of the
‘‘(i) such dollar amount, multiplied by SEC. 250ll. RESEARCH AND DEVELOPMENT Department, the Chief Information Officer of
‘‘(ii) the cost-of-living adjustment deter- STRATEGIC PLAN. the Department, and the Intelligent Trans-
mined under section 1(f)(3) for the calendar (a) IN GENERAL.—Section 6503 of title 49, portation Systems Joint Program Office of
year in which the taxable year begins, deter- United States Code (as amended by section the Department shall coordinate—
dlhill on DSK120RN23PROD with SENATE
mined by substituting ‘calendar year 2021’ 25014), is amended— (1) to establish a curriculum and leverage
for ‘calendar year 2016’ in subparagraph (1) in subsection (c)(1)— existing Department workforce programs to
(A)(ii) thereof. (A) in subparagraph (F), by striking ‘‘and’’ ensure the recruitment and training of cy-
‘‘(C) ROUNDING.—If any reduction deter- at the end; bersecurity and privacy technical experts to
mined under subparagraph (A) is not a mul- (B) in subparagraph (G), by striking the assist any modal administration of the De-
tiple of $50, or any increase under subpara- semicolon at the end and inserting ‘‘; and’’; partment in overseeing the effectiveness and
graph (B) is not a multiple of $50, such and safety of emerging technologies; and
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5761
(2) to use the efforts carried out by the human trafficking prevention efforts across KOWSKI, Mr. WARNER, and Mr. ROMNEY))
Secretary under subsection (a) to provide a multimodal transportation operations with- to the bill H.R. 3684, to authorize funds
growing workforce for transportation pro- in a community and accomplishing the best for Federal-aid highways, highway
viders in the United States that is adept in practices and recommendations provided by
safety programs, and transit programs,
the curriculum and workforce programs de- the Department of Transportation Advisory
scribed in paragraph (1). Committee on Human Trafficking:’’. and for other purposes; which was or-
dered to lie on the table; as follows:
SA 2395. Ms. CORTEZ MASTO (for SA 2397. Ms. CORTEZ MASTO sub- On page 75, strike line 21 and insert the fol-
herself, Mr. PADILLA, Mrs. FEINSTEIN, mitted an amendment intended to be lowing:
and Ms. ROSEN) submitted an amend- proposed to amendment SA 2137 pro- ‘‘(24) Projects to enhance travel and tour-
ment intended to be proposed to posed by Mr. SCHUMER (for Ms. SINEMA ism and mitigate impacts on communities,
amendment SA 2137 proposed by Mr. including infrastructure improvements, in-
(for herself, Mr. PORTMAN, Mr.
telligent transportation systems and sign-
SCHUMER (for Ms. SINEMA (for herself, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, age, and strategies to support increased sea-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Ms. COLLINS, Mr. TESTER, Ms. MUR- sonal travel, accommodate future growth
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) along major corridors for long-haul travel,
TESTER, Ms. MURKOWSKI, Mr. WARNER, to the bill H.R. 3684, to authorize funds improve the safety, efficiency, and reli-
and Mr. ROMNEY)) to the bill H.R. 3684, for Federal-aid highways, highway ability of long-haul travel, and enhance
to authorize funds for Federal-aid high- safety programs, and transit programs, connectivity between and among modes of
ways, highway safety programs, and and for other purposes; which was or- transportation and major destinations.
transit programs, and for other pur- ‘‘(25) A surface transportation project car-
dered to lie on the table; as follows:
ried out in accordance with the national
poses; which was ordered to lie on the On page 305, strike lines 16 and 17 and in- travel and tourism infrastructure strategic
table; as follows: sert the following: plan under section 1431(e) of the FAST Act
At the end of title VIII of division D, add update and redesignate the corridors under (49 U.S.C. 301 note; Public Law 114–94).’’;
the following: subsection (a). On page 125, strike lines 8 through 12 and
SEC. 408lll. REAUTHORIZATION OF THE LAKE ‘‘(3) TRAVEL AND TOURISM CORRIDORS.—In insert the following:
TAHOE RESTORATION ACT. carrying out a redesignation under para- section (d) and (m)(1)(B)(ii)’’;
(a) COOPERATIVE AUTHORITIES.—Section 4(f) graph (1) or (2), the Secretary shall designate (B) in paragraph (1)(A)(ii), by striking
of the Lake Tahoe Restoration Act (Public national electric vehicle charging and hydro- ‘‘subsection (h)’’ and inserting ‘‘subsection
Law 106–506; 114 Stat. 2353; 130 Stat. 1783) is gen fueling corridors that identify the near- (i)’’;
amended by striking ‘‘4 fiscal years fol- and long-term need for, and the location of, (C) in paragraph (7), by inserting ‘‘shared
lowing the date of enactment of the Water electric vehicle charging and hydrogen fuel- micromobility (including bikesharing and
Resources Development Act of 2016’’ and in- ing infrastructure to support long-haul shared scooter systems), publicly accessible
serting ‘‘period beginning on the date of en- interstate and interregional transportation charging stations, docks, and storage for
actment of this subsection and ending on the of passengers for tourism, commercial, and electric bicycles and micromobility de-
date described in section 10(a)’’. recreational activities, including— vices,’’ after ‘‘carsharing’’;
(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) corridors identified in the national (D) in paragraph (8)—
Section 10(a) of the Lake Tahoe Restoration travel and tourism infrastructure strategic On page 126, line 8, strike ‘‘(D)’’ and insert
Act (Public Law 106–506; 114 Stat. 2357; 130 plan under section 1431(e) of the FAST Act ‘‘(E)’’.
Stat. 1789) is amended by striking ‘‘for a pe- (49 U.S.C. 301 note; Public Law 114–94); On page 126, line 17, strike ‘‘or’’.
riod’’ and all that follows through the period ‘‘(B) corridors serving major tourism at- On page 127, strike line 3 and insert the fol-
at the end and inserting ‘‘, to remain avail- tractions, such as national parks, monu- lowing:
able until September 30, 2034.’’. ments, national historic sites, national sea- a national ambient air quality standard; or
shores, national lakeshores, national recre- ‘‘(12) if the project or program mitigates
SA 2396. Ms. CORTEZ MASTO (for ation areas, State parks, beaches, ski re- seasonal or temporary traffic congestion
herself, Mr. CORNYN, and Ms. HASSAN) sorts, convention centers, and amusement from long-haul travel or tourism.’’;
submitted an amendment intended to parks; On page 247, between lines 14 and 15, insert
be proposed to amendment SA 2137 pro- ‘‘(C) roads designated as national scenic the following:
posed by Mr. SCHUMER (for Ms. SINEMA byways, as described in section 162(a) of title SEC. 11207. NATIONAL GOALS.
23, United States Code; and Section 150(b) of title 23, United States
(for herself, Mr. PORTMAN, Mr. ‘‘(D) culturally significant places, such as
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Code, is amended—
National Heritage Areas and National His- (1) by redesignating paragraphs (6) and (7)
Ms. COLLINS, Mr. TESTER, Ms. MUR- toric Landmarks; and as paragraphs (7) and (8), respectively; and
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ‘‘(E) corridors that expand rural tourism (2) by striking paragraph (5) and inserting
to the bill H.R. 3684, to authorize funds attractions and surrounding communities.’’; the following:
for Federal-aid highways, highway On page 2651, on lines 15 through 20, strike
‘‘(5) FREIGHT MOVEMENT.—To improve the
safety programs, and transit programs, ‘‘at strategic locations along major national
National Highway Freight Network and
highways, the National Highway Freight
and for other purposes; which was or- strengthen the ability of rural communities
Network established under section 167 of
dered to lie on the table; as follows: to access national and international trade
title 23, United States Code, and goods move-
On page 2633, line 16, insert after ‘‘appro- markets.
ment locations including ports, intermodal
priations:’’ the following: ‘‘Provided further, ‘‘(6) ECONOMIC VITALITY.—To support local
centers, and warehousing locations’’ and in-
That of the amounts made available under and regional economic development and in-
sert ‘‘and long-haul interstate and inter-
this heading in this Act, $5,000,000 for each of creased tourism, recreational, and business
regional transportation of passengers for
fiscal years 2022 through 2026 shall be made travel.’’.
tourism, commercial, and recreational ac-
available to eligible airports, for grants, di- On page 489, after line 23, insert the fol-
tivities at strategic locations along major
rected through the Department of Transpor- lowing:
national highways, the National Highway
tation Human Trafficking Prevention Coor- SEC. 11530. RAISE GRANT PROGRAM.
Freight Network established under section
dinator to address human trafficking aware- 167 of title 23, United States Code, and cor- Notwithstanding any other provision of
ness, education, and prevention efforts, in- ridors serving major tourism and rec- law, in selecting projects to receive grants
cluding by coordinating human trafficking reational destinations and facilities, cor- under the national infrastructure invest-
prevention efforts across multimodal trans- ridors identified in the national travel and ments program of the Department (com-
portation operations within a community tourism infrastructure strategic plan estab- monly known as ‘‘Rebuilding American In-
and accomplishing the best practices and lished under section 1431(e) of the FAST Act frastructure with Sustainability and Equity
recommendations provided by the Depart- (49 U.S.C. 301 note; Public Law 114–94) and (RAISE) grants’’), the Secretary shall evalu-
ment of Transportation Advisory Committee goods movement locations including ports, ate the extent to which each eligible project
on Human Trafficking:’’. inter modal centers, and warehousing loca- provides significant benefits to a State, a
On page 2685, line 15, insert after ‘‘this tions’’. metropolitan area, a region, or the United
Act:’’ the following: ‘‘Provided further, That States, including the extent to which the eli-
of the amounts made available under this SA 2398. Ms. CORTEZ MASTO sub- gible project—
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heading in this Act, $5,000,000 for each of fis- mitted an amendment intended to be (1) improves the safety of transportation
cal years shall be made available to eligible facilities and systems;
proposed to amendment SA 2137 pro-
operators, for grants, directed through the (2) improves the condition of existing
Department of Transportation Human Traf- posed by Mr. SCHUMER (for Ms. SINEMA transportation facilities and systems;
ficking Prevention Coordinator to address (for herself, Mr. PORTMAN, Mr. (3) contributes to economic competitive-
human trafficking awareness, education, and MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ness over the medium- to long-term, includ-
prevention efforts, including by coordinating Ms. COLLINS, Mr. TESTER, Ms. MUR- ing by increasing travel and tourism; and
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S5762 CONGRESSIONAL RECORD — SENATE August 3, 2021
(4) improves access to and between trans- (b) PREPARATION.— (II) Federal aircraft use costs;
portation facilities and systems. (1) FIREFIGHTING ACCOUNTS.— (III) Federal personnel costs;
On page 764, strike lines 2 and 3 and insert (A) ESTABLISHMENT OF ACCOUNTS.—There (IV) on-incident and off-incident support
the following: are established in the Treasury of the United costs; and
emissions. States the following accounts: (V) funding allocated from the Wildland
‘‘(17) A capital project to increase access to (i) The Firefighting Operations account for Fire Management account of the Secretary
a travel or tourist destination.’’; the Department of Agriculture. concerned to pay for administrative costs.
(3) in subsection (e)(3)— (ii) The Firefighting Operations account (iii) REQUIREMENTS.—Each report under
(A) by striking ‘‘may include the effects’’ for the Department of the Interior. clause (i) shall be prepared in accordance
and inserting the following: ‘‘may include— (B) BUDGET ACTIVITIES WITHIN ACCOUNTS.— with applicable national fire plan reporting
‘‘(A) local and regional economic develop- The following activities shall be specified for procedures.
ment; funding within each Firefighting Operations (2) REIMBURSEMENT FOR WILDFIRES CAUSED
‘‘(B) increased travel and tourism; account established by subparagraph (A): BY MILITARY TRAINING.—
‘‘(C) increased mobility between modes; (i) Ground-based firefighting operations. (A) REIMBURSEMENT REQUIRED.—The Sec-
‘‘(D) the effects’’; and (ii) Aircraft use in firefighting operations. retary of Defense shall, on application by a
(B) by striking ‘‘the ability’’ and all that (C) AUTHORIZATION OF APPROPRIATIONS.— State or Federal agency, reimburse the State
follows and inserting the following: ‘‘and the (i) GROUND-BASED FIREFIGHTING OPER- or Federal agency for the reasonable costs of
ability to meet existing or anticipated de- ATIONS.— the State or Federal agency for services pro-
mand; and (I) DEPARTMENT OF AGRICULTURE.—There is vided in connection with fire suppression as
‘‘(E) any other benefits.’’; and authorized to be appropriated for fiscal year a result of a fire caused by military training
(4) in subsection (h), by adding at the end 2022 and each fiscal year thereafter to the ac- or other actions carried out by the Armed
the count established by subparagraph (A)(i) not Forces or employees of the Department of
--- more than $3,000,000,000 for ground-based Defense.
SA 2399. Ms. CORTEZ MASTO sub- firefighting operations. (B) LIMITATION.—Services reimbursable
mitted an amendment intended to be (II) DEPARTMENT OF THE INTERIOR.—There under subparagraph (A) shall be limited to
proposed to amendment SA 2137 pro- is authorized to be appropriated for fiscal services proximately related to the fire for
posed by Mr. SCHUMER (for Ms. SINEMA year 2022 and each fiscal year thereafter to which reimbursement is sought.
the account established by subparagraph (C) APPLICATION.—Each application from a
(for herself, Mr. PORTMAN, Mr. (A)(ii) not more than $1,000,000,000 for State or Federal agency for reimbursement
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ground-based firefighting operations. for costs under subparagraph (A) shall pro-
Ms. COLLINS, Mr. TESTER, Ms. MUR- (ii) AIRCRAFT USE IN FIREFIGHTING OPER- vide an itemized request of the services cov-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ATIONS.—There is authorized to be appro- ered by the application, including the costs
to the bill H.R. 3684, to authorize funds priated for fiscal year 2022 and each fiscal of the services.
for Federal-aid highways, highway year thereafter to the accounts established (D) FUNDS.—Reimbursements under sub-
safety programs, and transit programs, by subparagraph (A), a total amount of not paragraph (A) shall be made from amounts
and for other purposes; which was or- more than $500,000,000 for aircraft use in fire- authorized to be appropriated to the Depart-
fighting operations. ment of Defense for operation and mainte-
dered to lie on the table; as follows: (D) PRESIDENTIAL BUDGET REQUESTS.—For nance.
At the end of title VIII of division D, add fiscal year 2023 and each fiscal year there- (3) STRATEGIC WILDLAND FIRE MANAGEMENT
the following: after, each Secretary concerned shall submit PLANNING.—
SEC. 408lll. WESTERN WILDFIRE SUPPORT. through the budget request of the President (A) IN GENERAL.—Not later than September
(a) DEFINITIONS.—In this section: and in accordance with subparagraph (C), a 30, 2024, the Secretary concerned shall, in ac-
(1) CONGRESSIONAL COMMITTEES.—The term request for amounts in the Wildland Fire cordance with this paragraph, establish a se-
‘‘congressional committees’’ means— Management appropriation account of the ries of spatial fire management plans.
(A) the Committee on Energy and Natural Secretary concerned to carry out the activi- (B) USE OF EXISTING PLANS.—To comply
Resources and the Committee on Appropria- ties described in subparagraph (E). with this paragraph, the Secretary con-
tions of the Senate; and (E) AUTHORIZED ACTIVITIES.— cerned may use a fire management plan in
(B) the Committee on Natural Resources (i) IN GENERAL.—The Secretaries shall use existence on the date of enactment of this
and the Committee on Appropriations of the amounts provided to the respective accounts Act.
House of Representatives. established under subparagraph (A) as fol- (C) UPDATES.—To be valid, a spatial fire
(2) FEDERAL LAND.—The term ‘‘Federal lows: management plan established under this
land’’ means— (I) The Secretary of Agriculture shall use paragraph shall not be in use for longer than
(A) public lands (as defined in section 103 of amounts appropriated under subparagraph the 10-year period beginning on the date on
the Federal Land Policy and Management (C)(i)(I) to carry out management activities which the plan is established.
Act of 1976 (43 U.S.C. 1702)); for active wildfires through the Forest Serv- (D) SUB-UNIT PLANS.—The Secretary con-
(B) units of the National Park System; ice, except that none of the amounts may be cerned shall establish a spatial fire manage-
(C) units of the National Wildlife Refuge used for the operation of aircraft. ment plan for each unit of Federal land with
System; (II) The Secretary of the Interior shall use more than 10 acres of burnable vegetation
(D) land held in trust by the United States amounts appropriated under subparagraph under the jurisdiction of the Secretary con-
for the benefit of Indian Tribes or members (C)(i)(II) to carry out management activities cerned.
of an Indian Tribe; and for active wildfires, except that none of the (E) CONTENTS.—For each spatial fire man-
(E) land in the National Forest System. amounts may be used for the operation of agement plan established under this para-
(3) NATIONAL FOREST SYSTEM.— aircraft. graph, the Secretary concerned shall—
(A) IN GENERAL.—The term ‘‘National For- (III) The Secretary concerned shall use (i) base the plans on a landscape-scale risk
est System’’ has the meaning given the term amounts appropriated under subparagraph assessment that includes—
in section 11(a) of the Forest and Rangeland (C)(ii) to acquire, by contract or purchase, (I) risks to firefighters;
Renewable Resources Planning Act of 1974 and use aircraft, including unmanned aerial (II) risks to communities;
(16 U.S.C. 1609(a)). systems, for operations relating to wildland (III) risks to highly valuable resources; and
(B) EXCLUSION.—The term ‘‘National For- fires. (IV) other relevant considerations deter-
est System’’ does not include— (ii) LIMITATION.—The Secretary concerned mined by the Secretary concerned;
(i) the national grasslands and land utiliza- shall not use to carry out any activity au- (ii) include direction, represented in spa-
tion projects administered under title III of thorized by clause (i)(III) amounts appro- tial form, from land management plans and
the Bankhead-Jones Farm Tenant Act (7 priated to accounts of the Secretary con- resource management plans;
U.S.C. 1010 et seq.); or cerned other than amounts in the accounts (iii) in coordination with States, delineate
(ii) National Forest System land east of established by subparagraph (A) specified for potential wildland fire operational delinea-
the 100th meridian. activities described in subparagraph (B)(ii). tions that—
(4) SECRETARIES.—The term ‘‘Secretaries’’ (F) ACCOUNTING REPORTS.— (I) identify potential control locations; and
means— (i) IN GENERAL.—Each Secretary concerned (II) specify the places in which firefighters
(A) the Secretary of the Interior; and shall submit to the congressional commit- will not be sent because of the presence of
(B) the Secretary of Agriculture. tees monthly accounting reports regarding unacceptable risk, including areas deter-
(5) SECRETARY CONCERNED.—The term ‘‘Sec- the amounts that have been obligated and mined by the Secretary concerned as—
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retary concerned’’ means— expended under this paragraph during the (aa) exceeding a certain slope;
(A) the Secretary of the Interior, in the preceding month of the applicable fiscal (bb) containing too high of a volume of
case of Federal land under the jurisdiction of year. hazardous fuels, under certain weather con-
the Secretary of the Interior; and (ii) INCLUSIONS.—Each report under clause ditions; or
(B) the Secretary of Agriculture, in the (i) shall include a description of, with re- (cc) containing other known hazards;
case of Federal land under the jurisdiction of spect to the period covered by the report— (iv) include a determination of average se-
the Secretary of Agriculture. (I) Federal ground-based equipment costs; vere fire weather for the plan area;
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5763
(v) include prefire planning provisions; (II) support the expansion of the Firewise teer to be certified for each category of serv-
(vi) include a plan for postfire activities Communities/USA Recognition Program to ice.
that— additional at-risk communities. (III) ATTENDANCE.—Attendance at training
(I) would better enable a Burned Area (ii) With respect to amounts appropriated conducted under clause (ii) shall be 1 of the
Emergency Response Team working on a for the activity described in subpara- criteria established under subclause (II).
large fire incident to address emergency sta- graph(B)(ii), the Secretary concerned may (IV) ASSESSMENT.—The Secretaries shall
bilization and erosion quickly; and provide assistance to at-risk communities to assess the knowledge, skills, or abilities, of a
(II) specifies ways in which the Burned establish and revise— person prior to certifying a person to become
Area Emergency Response Team would seek (I) a community wildfire protection plan a volunteer.
to prevent the proliferation of invasive spe- (as defined in section 101 of the Healthy For- (ii) TRAINING.—
cies in working on the large fire incident; ests Restoration Act of 2003 (16 U.S.C. 6511)); (I) IN GENERAL.—The Secretaries shall reg-
and or ularly conduct training for citizens who de-
(vii) include, at a minimum, any other re- (II) a community evacuation plan. sire to be certified as volunteers.
quirement determined to be necessary by the (iii) With respect to amounts appropriated (II) CONTENT.—The training shall include,
Secretary concerned. for the activity described in subparagraph at a minimum, a safety component in an ef-
(F) CONSISTENCY WITH MANAGEMENT
(B)(iii), the Secretary concerned shall estab- fort to minimize inherent threats to volun-
PLANS.—The spatial fire management plans
lish a small grant program to address local teers and maximize the safety of a volunteer,
established under this paragraph shall be hazard reduction on Federal, State, or pri- to the maximum extent practicable, as a vol-
vate land, subject to the conditions that— unteer provides assistance on a wildland fire.
consistent with the fire management objec-
(I) a grant provided under the program— (III) FREQUENCY.—The Secretaries shall
tives and land management objectives in the
(aa) may be awarded to an organization in offer, at a minimum, 1 training session in
applicable land management plan or re-
an at-risk community to address, in a sole each State with significant wildfire risk, not
source management plan.
instance, a hazardous fuel in a specific loca- less than every 2 years.
(G) REVISIONS TO LAND MANAGEMENT PLANS
tion, including piling and burning, and im- (iii) IDENTIFICATION.—
AND RESOURCE MANAGEMENT PLANS.—A revi-
plementing a prescribed fire on private land; (I) IN GENERAL.—On the certification of a
sion to a land management plan or resource volunteer, the Secretary concerned shall pro-
(bb) shall not exceed $20,000; and
management plan shall consider fire ecology (cc) shall require cost-sharing assistance in vide to the volunteer a means of identifica-
and fire management in a manner that fa- an amount equal to not less than 10 percent tion as a volunteer.
cilitates the issuance of direction for an inci- of the amount of the grant; (II) DISPLAY.—A volunteer certified under
dent response. (II) the work identified for funding under this paragraph shall display, continuously
(H) ENGAGEMENT DURING LAND MANAGEMENT the grant shall be accomplished by a team while assisting in a wildland fire, the means
PLANNING.—A supervisory employee of the
composed of, at a minimum— of identification.
Department of the Interior or the Depart- (aa) a private citizen; (c) WILDFIRE DETECTION AND SUPPRESSION
ment of Agriculture that is funded through a (bb) a representative of a nonprofit organi- SUPPORT.—
Firefighting Operations account established zation; and (1) WILDFIRE DETECTION EQUIPMENT.—To
under paragraph (1) shall participate directly (cc) a local fire department, including a the extent practicable, the Secretary con-
in the creation or revision of an applicable volunteer fire department; cerned shall—
land management plan or resource manage- (III) to be eligible for a grant under the (A) expedite the placement of wildfire de-
ment plan to incorporate an assessment, pro- program, a strategic plan outlining the tection equipment, such as sensors, cameras,
tocol, or plan developed under this section means by which the applicant will address a and other relevant equipment, in areas at
into the planning process. hazardous fuel shall be submitted to the Sec- risk of wildfire;
(4) ACCOUNTS TO ASSIST COMMUNITIES IN retary concerned; and (B) expand the use of satellite data to as-
PLANNING AND PREPARING FOR WILDFIRES.— (IV) on completion of a grant project, the sist wildfire response; and
(A) ESTABLISHMENT OF ACCOUNTS.—There grant recipient shall— (C) expedite any permitting required by
are established in the Treasury of the United (aa) submit to the Secretary concerned a the Secretary concerned for the installation,
States the following accounts: report; and maintenance, or removal of wildfire detec-
(i) The Community-Supported Land-Use (bb) participate in training another grant tion equipment.
Planning Assistance account for the Depart- recipient during the following fiscal year. (2) GRANT PROGRAM FOR SLIP-ON TANK
ment of Agriculture. (iv) With respect to amounts appropriated UNITS.—
(ii) The Community-Supported Land-Use for the activity described in subparagraph (A) IN GENERAL.—The Secretaries shall es-
Planning Assistance account for the Depart- (B)(iv), the Secretary concerned may provide tablish a program to award to an eligible
ment of the Interior. cost-sharing assistance for the establishment State or unit of local government each year
(B) BUDGET ACTIVITIES WITHIN ACCOUNTS.— and operation of a local program in an at- grants to acquire slip-on tank and pump
The following activities shall be specified for risk community to assist homeowners in the units (referred to in this paragraph as ‘‘slip-
funding within each Community-Supported disposal of brush and slash generated by haz- on units’’) for a surge capacity of resources
Land-Use Planning Assistance account es- ard reduction activities. for fire suppression.
tablished by subparagraph (A): (5) COMMUNITY SUPPORT DURING DISASTER (B) ELIGIBILITY.—
(i) The Firewise Program operated by the RESPONSE.— (i) IN GENERAL.—To be eligible to receive a
National Fire Protection Association. (A) IN GENERAL.—The Secretaries shall es- grant under this paragraph, a State or unit
(ii) Community wildfire protection pro- tablish a program to train and certify a cit- of local government shall—
grams. izen who wishes to be able to volunteer to as- (I) submit an application at such time, in
(iii) The Fire-Adapted Communities Learn- sist the Secretaries during a wildland fire in- such manner, and containing such informa-
ing Network. cident. tion as the Secretaries may require; and
(iv) Vegetation management by commu- (B) SERVICE.— (II) contribute non-Federal funds in ac-
nities. (i) IN GENERAL.—The Secretaries shall es- cordance with clause (ii).
(C) AUTHORIZATION OF APPROPRIATIONS.— tablish several categories of service for each (ii) COST-SHARE REQUIREMENTS.—The non-
There are authorized to be appropriated for manner in which a volunteer certified under Federal share of the cost of acquiring slip-on
fiscal year 2022 and each fiscal year there- this paragraph may provide assistance. units using a grant under this paragraph
after for the accounts established by sub- (ii) DIRECT SUPPRESSION OF WILDLAND shall be not less than 25 percent.
paragraph (A) such sums as are necessary to FIRES.—No volunteer certified under this (C) USE OF FUNDS.—
carry out this paragraph, not to exceed paragraph may engage in an operation to di- (i) IN GENERAL.—Grants awarded under this
$200,000,000. rectly suppress a wildland fire. paragraph shall be used only for the acquisi-
(D) PRESIDENTIAL BUDGET REQUESTS.—For (iii) DIRECTION.—A volunteer under this tion of not fewer than 30 slip-on units.
fiscal year 2023 and each fiscal year there- paragraph shall— (ii) RESTRICTIONS.—A recipient of a grant
after, each Secretary concerned shall submit (I) report to a designee of an incident com- under this paragraph—
through the budget request of the President mander prior to providing any assistance on (I) shall be responsible for the cost of the
and in accordance with subparagraph (C), a a wildland fire; and maintenance and use of the slip-on units;
request for amounts in the Wildland Fire (II) operate continuously under the direc- and
Management appropriation account of the tion of the designee while providing assist- (II) may not use grant funds for a cost de-
Secretary concerned to carry out the activi- ance on a wildland fire. scribed in subclause (I).
ties described in subparagraph (B). (C) CERTIFICATION.— (D) REQUIREMENTS FOR OPERATION OF SLIP-
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(E) AUTHORIZED ACTIVITIES.—The Secretary (i) CRITERIA.— ON UNITS.—A recipient of a grant under this
concerned shall use amounts in the accounts (I) IN GENERAL.—The Secretaries shall cer- paragraph shall—
established by subparagraph (A) as follows: tify volunteers to provide assistance for each (i) in maintaining and storing the slip-on
(i) With respect to amounts appropriated category of service established under sub- units—
for the activity described in subparagraph paragraph (B). (I) store and mount a slip-on unit on a ve-
(B)(i), the Secretary concerned may— (II) ESTABLISHMENT OF CRITERIA.—The Sec- hicle only during—
(I) cosponsor the Firewise Program; and retaries shall establish criteria for a volun- (aa) a period of extreme fire danger; or
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S5764 CONGRESSIONAL RECORD — SENATE August 3, 2021
(bb) an active wildland fire; (i) DRONE.—The term ‘‘drone’’ means an make publicly available the results of the
(II) designate a vehicle and personnel to be unmanned aircraft system owned by a pri- study conducted under subparagraph (A).
used with each slip-on unit; vate individual or entity. (d) POST-FIRE RECOVERY SUPPORT.—
(III) make any necessary modification to a (ii) DRONE INCURSION.—The term ‘‘drone in- (1) FUNDING FOR ONLINE GUIDES FOR POST-
designated vehicle to ensure compatibility cursion’’ means the operation of a drone FIRE ASSISTANCE.—
with the use of the slip-on unit; within any airspace for which the Adminis- (A) USE OF SERVICES OF OTHER AGENCIES.—
(IV) train designated personnel to use the trator of the Federal Aviation Administra- Section 201(a) of the Robert T. Stafford Dis-
slip-on unit; tion has issued a temporary flight restric- aster Relief and Emergency Assistance Act
(V) ensure designated personnel possess el- tion because of a wildfire. (42 U.S.C. 5131(a)) is amended—
ementary wildland fire management skills, (iii) SECRETARY.—The term ‘‘Secretary’’ (i) in paragraph (7), by striking the period
including post-fire-front structure-protec- means the Secretary of the Interior, acting at the end and inserting ‘‘; and’’; and
tion tactics; and through the Director of the Bureau of Land (ii) by adding at the end the following:
(VI) maintain each slip-on unit in good, us- Management. ‘‘(8) post-disaster assistance.’’.
able condition for a period of not fewer than (B) STUDY REQUIRED.—The Secretary, in (B) FUNDING FOR ONLINE GUIDES FOR ASSIST-
20 years; consultation with the Secretary of Agri- ANCE.—Section 201 of the Robert T. Stafford
(ii) during a large, active wildland fire— culture, acting through the Chief of the For- Disaster Relief and Emergency Assistance
(I) staff each designated vehicle equipped est Service, shall conduct a study on the ef- Act (42 U.S.C. 5131) is amended by adding at
with a slip-on unit with— fects of drone incursions on wildfire suppres- the end the following:
(II) a person designated under clause (i)(II); sion with respect to land managed by the De- ‘‘(e) FUNDING FOR ONLINE GUIDES FOR AS-
and partment of the Interior or the Department SISTANCE.—
(III) a trained firefighter, regardless of of Agriculture. ‘‘(1) IN GENERAL.—The Administrator of the
whether the trained firefighter is paid, vol- (C) STUDY CONTENTS.—In conducting the Federal Emergency Management Agency
unteer, or off-duty but paid; study required under subparagraph (B), the may enter into a cooperative agreement to
(iii) organize each designated vehicle Secretary shall— provide funding to a State agency estab-
equipped with a slip-on unit into a team with (i) determine, for each of the 5 most recent lished under subsection (c) to establish and
other designated vehicles under the direction calendar years— operate a website to provide information re-
of a qualified task force leader; and (I) the number of occurrences in which a lating to post-fire recovery funding and re-
(iv) use each designated vehicle equipped drone incursion interfered with wildfire sup- sources to a community or an individual im-
with a slip-on unit primarily for the purpose pression; and pacted by a wildland fire.
of following behind the wildland fire front— (II) the effect of each occurrence described ‘‘(2) MANAGEMENT.—A website created
(I) to prevent homes from igniting; and in subclause (I) on— under this subsection shall be—
(II) to alert fire engines of structures that (aa) the length of time required to achieve ‘‘(A) managed by the State agency; and
have ignited; and complete suppression; ‘‘(B) suitable for the residents of the State
(v) comply with any other requirements (bb) the effectiveness of aerial firefighting of the State agency.
determined to be necessary by the Secre- responses; and ‘‘(3) CONTENT.—The Administrator may
taries, including any minimum requirements (cc) the amounts expended by the Federal enter into a cooperative agreement to estab-
for a slip-on unit and any additional required Government; and lish a website under this subsection only to
equipment. (ii) evaluate the feasibility and effective- provide 1 or more of the following:
(3) ASSISTANCE TO STATES FOR OPERATION OF ness of various actions to prevent drone in- ‘‘(A) A list of Federal, State, and local
AIR TANKERS.—The Secretary concerned may cursions, including— sources of post-fire recovery funding or as-
provide funding to States to enable States to (I) the use of reasonable force to disable, sistance that may be available to a commu-
operate not more than 50 single-engine air damage, or destroy a drone; nity after a wildfire.
tankers if— (II) the seizure of a drone, including seizure ‘‘(B) A list of Federal, State, and local
(A) the single-engine air tanker is govern- with a net device; and sources of post-fire recovery funding or as-
ment-owned and contractor-operated or gov- (III) the dissemination of educational ma- sistance that may be available to an indi-
ernment-owned and government-operated; terials relating to the effects of drone incur- vidual impacted by a wildfire.
(B) a State receiving funding for a single- sions on wildfire suppression. ‘‘(C) A technical guide that lists and ex-
engine air tanker under this paragraph (D) REPORT.—Not later than 18 months plains the costs and benefits of alternatives
shares the cost with the Secretary of the ac- after the date of enactment of this Act, the available to a community to mitigate the
quisition and operation of the aircraft; and Secretary shall submit to the Committee on impacts of wildfire and prepare for potential
(C) the single-engine air tanker— Energy and Natural Resources of the Senate flooding.
(i) shall be used for initial attack; and and the Committee on Natural Resources of ‘‘(4) COOPERATION.—A State agency that
(ii) shall not be used for large fire aviation the House of Representatives a report de- enters into a cooperative agreement under
support. scribing— this subsection shall cooperate with the Sec-
(4) RESEARCH AND DEVELOPMENT OF UN- (i) the findings of the study required under retary of the Interior, the Secretary of Agri-
MANNED AIRCRAFT SYSTEM FIRE APPLICA- subparagraph (B); and culture, and the Administrator of the Fed-
TIONS.— (ii) any recommendations of the Secretary eral Emergency Management Agency in de-
(A) DEFINITIONS.—In this paragraph: relating to those findings. veloping a website under this subsection.
(i) COVERED UNMANNED AIRCRAFT TEST (6) STUDY ON WILDFIRE DETECTION EQUIP- ‘‘(5) UPDATES.—A State agency that re-
RANGE.—The term ‘‘covered unmanned air- MENT AND INTEGRATION OF ARTIFICIAL INTEL- ceives funding to establish a website under
craft test range’’ means a test range that is LIGENCE TECHNOLOGIES.— this subsection shall update the website not
approved of or designated by the Adminis- (A) IN GENERAL.—The Secretaries shall less than once every 6 years.’’.
trator of the Federal Aviation Administra- conduct a study on— (2) LONG-TERM BURNED AREA RECOVERY AC-
tion for the testing of unmanned aircraft (i) the effectiveness and limitations on the COUNT.—
systems, as required under section 44803 of deployment and application of each wildfire (A) ESTABLISHMENT OF ACCOUNT.—There is
title 49, United States Code. detection equipment technology with respect established in the Treasury of the United
(ii) UNMANNED AIRCRAFT SYSTEM.—The to detection, confirmation, geolocation, pre- States the Long-Term Burned Area Recovery
term ‘‘unmanned aircraft system’’ means an dictability of wildfire spread, suppression re- account for the Department of Agriculture.
unmanned aircraft and associated elements source management, post-fire forensics, and (B) AUTHORIZATION OF APPROPRIATIONS.—
(including communication links and the surface rehabilitation; There are authorized to be appropriated for
components that control the unmanned air- (ii) how each technology described in fiscal year 2022 and each fiscal year there-
craft) that are required for the operator to clause (i), with proper and timely deploy- after for the account established by subpara-
operate safely and efficiently in the national ment and use, can provide for the most effec- graph (A) such sums as are necessary to
airspace system of the Federal Aviation Ad- tive and efficient means of dealing with the carry out the activities described in subpara-
ministration. threat and the reality of wildland fires; graph (D), not to exceed $100,000,000.
(B) JOINT FIRE SCIENCE PROGRAM.—The Sec- (iii) the integration of artificial intel- (C) PRESIDENTIAL BUDGET REQUESTS.—For
retary of the Interior shall, acting through ligence with real-time imagery and weather fiscal year 2023 and each fiscal year there-
the Joint Fire Science Program, work with data provided by wildfire detection equip- after, the Secretary of Agriculture shall sub-
covered unmanned aircraft test ranges to ment technology; and mit through the budget request of the Presi-
carry out research and development of un- (iv) how the integration of artificial intel- dent and in accordance with subparagraph
manned aircraft system fire applications. ligence described in clause (iii) can enhance (B), a request for amounts in the Wildland
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(C) AUTHORIZATION OF APPROPRIATIONS.— the value of each wildfire detection equip- Fire Management appropriation account to
There are authorized to be appropriated to ment technology, individually and collec- carry out the activities described in subpara-
the Secretary of the Interior such sums as tively. graph (D).
are necessary to carry out this paragraph. (B) SUBMISSION AND PUBLIC AVAILABILITY.— (D) AUTHORIZED ACTIVITIES.—The Secretary
(5) STUDY ON EFFECTS OF DRONE INCURSIONS Not later than 2 years after the date of en- of Agriculture shall use amounts in the ac-
ON WILDFIRE SUPPRESSION.— actment of this Act, the Secretaries shall count established by subparagraph (A) for re-
(A) DEFINITIONS.—In this paragraph: submit to the congressional committees and habilitation projects—
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5765
(i) that begin not earlier than 1 year after ‘‘(iii) DUTIES.—Subject to clause (iv), with (i) in subparagraph (A), in the matter pre-
the date on which the wildfire was con- respect to the prize competition, the Board ceding clause (i), by striking ‘‘or (7)(C)(i)’’
tained; shall— and inserting ‘‘(7)(C)(i), or (8)(C)(i)’’; and
(ii) that are— ‘‘(I) select a topic; (ii) in subparagraph (B)—
(I) scheduled to be completed not later ‘‘(II) issue a problem statement; (I) in the matter preceding clause (i), by
than 3 years after the date on which the ‘‘(III) advise the Secretary regarding any striking ‘‘or (7)(D)(i)’’ and inserting
wildfire was contained; and opportunity for technological innovation to ‘‘(7)(D)(i), or (8)(D)(i)’’; and
(II) located at sites impacted by wildfire on manage wildfire-related invasive species; and (II) in clause (i)(VII), by striking ‘‘and
non-Federal or Federal land; ‘‘(IV) advise winners of the prize competi- (7)(E)’’ and inserting ‘‘(7)(E), and (8)(E)’’.
(iii) that restore the functions of an eco- tion regarding opportunities to pilot and im-
system or protect life or property; and plement winning technologies in relevant SA 2400. Ms. CANTWELL (for herself
(iv) not less than 10 percent of the total fields, including in partnership with con- and Mr. WICKER) submitted an amend-
costs of which are paid for with non-Federal servation organizations, Federal or State ment intended to be proposed to
funds. agencies, federally recognized Indian Tribes,
private entities, and research institutions
amendment SA 2137 proposed by Mr.
(E) PRIORITIZATION OF FUNDING.—The Sec- SCHUMER (for Ms. SINEMA (for herself,
retary of Agriculture shall prioritize, on a with expertise or interest relating to the
management of wildfire-related invasive spe- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
nationwide basis, projects for which funding
cies. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
requests are submitted under this paragraph,
‘‘(iv) CONSULTATION.—In selecting a topic TESTER, Ms. MURKOWSKI, Mr. WARNER,
based on—
and issuing a problem statement for the and Mr. ROMNEY)) to the bill H.R. 3684,
(i) downstream effects on water resources;
prize competition, the Board shall consult to authorize funds for Federal-aid high-
and
widely with Federal and non-Federal stake-
(ii) public safety.
holders, including—
ways, highway safety programs, and
(3) PRIZE FOR WILDFIRE-RELATED INVASIVE transit programs, and for other pur-
‘‘(I) 1 or more Federal agencies with juris-
SPECIES REDUCTION.—Section 7001(d) of the poses; which was ordered to lie on the
diction over the management of invasive
John D. Dingell, Jr. Conservation, Manage- table; as follows:
species;
ment, and Recreation Act (16 U.S.C. 742b ‘‘(II) 1 or more Federal agencies with juris-
note; Public Law 116–9) is amended— On page 699, line 25, strike ‘‘section 22306’’
diction over the management of wildfire; and insert ‘‘section 22308’’.
(A) by striking ‘‘paragraph (8)(A)’’ each ‘‘(III) 1 or more State agencies with juris-
place it appears and inserting ‘‘paragraph On page 721, line 14, strike ‘‘category’’ and
diction over the management of invasive insert ‘‘categories’’.
(9)(A)’’; species; On page 797, lines 20 and 21, strike ‘‘section
(B) by striking ‘‘paragraph (8)(B)’’ each ‘‘(IV) 1 or more State agencies with juris- 22210’’ and insert ‘‘section 22910’’.
place it appears and inserting ‘‘paragraph diction over the management of wildfire;
(9)(B)’’; ‘‘(V) 1 or more State, regional, or local
(C) by redesignating paragraph (8) as para-
SA 2401. Ms. CANTWELL (for herself
wildlife organizations, the mission of which and Mr. WICKER) submitted an amend-
graph (9); relates to the management of invasive spe-
(D) by inserting after paragraph (7) the fol- ment intended to be proposed to
cies; and
lowing: ‘‘(VI) 1 or more wildlife conservation amendment SA 2137 proposed by Mr.
‘‘(8) THEODORE ROOSEVELT GENIUS PRIZE FOR groups, technology companies, research in- SCHUMER (for Ms. SINEMA (for herself,
MANAGEMENT OF WILDFIRE-RELATED INVASIVE stitutions, institutions of higher education, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
SPECIES.— industry associations, or individual stake- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(A) DEFINITIONS.—In this paragraph: holders with an interest in the management TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘(i) BOARD.—The term ‘Board’ means the of wildfire-related invasive species.
Management of Wildfire-Related Invasive
and Mr. ROMNEY)) to the bill H.R. 3684,
‘‘(v) REQUIREMENTS.—The Board shall com-
Species Technology Advisory Board estab- to authorize funds for Federal-aid high-
ply with all requirements under paragraph
lished by subparagraph (C)(i). (9)(A). ways, highway safety programs, and
‘‘(ii) PRIZE COMPETITION.—The term ‘prize ‘‘(D) ADMINISTRATION BY THE NATIONAL transit programs, and for other pur-
competition’ means the Theodore Roosevelt INVASIVE SPECIES COUNCIL.—The Secretary, poses; which was ordered to lie on the
Genius Prize for the management of wildfire- acting through the Director of the National table; as follows:
related invasive species established under Invasive Species Council, shall administer On page 953, strike lines 1 through 16 and
subparagraph (B). the prize competition. insert the following:
‘‘(B) AUTHORITY.—Not later than 180 days ‘‘(E) JUDGES.— (iv) in subparagraph (D), by striking ‘‘,
after the date of enactment of the ‘‘(i) APPOINTMENT.—The Secretary shall ap- State, local, or private’’;
llllllll Act, the Secretary shall es- point not fewer than 3 judges who shall, ex- (v) in subparagraph (E)—
tablish under section 24 of the Stevenson- cept as provided in clause (ii), select the 1 or (I) by striking ‘‘for the fiscal year pre-
Wydler Technology Innovation Act of 1980 (15 more annual winners of the prize competi- ceding the fiscal year to which the plan ap-
U.S.C. 3719) a prize competition, to be known tion. plies,’’; and
as the ‘Theodore Roosevelt Genius Prize for ‘‘(ii) DETERMINATION BY SECRETARY.—The (II) by striking ‘‘the previous year’s high-
the management of wildfire-related invasive judges appointed under clause (i) shall not way safety plan’’ and inserting ‘‘the most re-
species’— select any annual winner of the prize com- cently submitted highway safety plan’’; and
‘‘(i) to encourage technological innovation petition if the Secretary makes a determina- (vi) in subparagraph (F), by striking ‘‘addi-
with the potential to advance the mission of tion that, in any fiscal year, none of the tional’’;
the National Invasive Species Council with technological advancements entered into the On page 1025, line 13, strike ‘‘40’’ and insert
respect to the management of wildfire-re- prize competition merits an award. ‘‘25’’.
lated invasive species; and ‘‘(F) REPORT TO CONGRESS.—Not later than
‘‘(ii) to award 1 or more prizes annually for 60 days after the date on which a cash prize SA 2402. Mrs. GILLIBRAND (for her-
a technological advancement that manages is awarded under this paragraph, the Sec- self and Mr. WYDEN) submitted an
wildfire-related invasive species. retary shall submit to the Committee on En- amendment intended to be proposed to
‘‘(C) ADVISORY BOARD.— ergy and Natural Resources of the Senate
‘‘(i) ESTABLISHMENT.—There is established and the Committee on Natural Resources of
amendment SA 2137 proposed by Mr.
an advisory board, to be known as the ‘Man- the House of Representatives a report on the SCHUMER (for Ms. SINEMA (for herself,
agement of Wildfire-Related Invasive Species prize competition that includes— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
Technology Advisory Board’. ‘‘(i) a statement by the Board that de- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(ii) COMPOSITION.—The Board shall be scribes the activities carried out by the TESTER, Ms. MURKOWSKI, Mr. WARNER,
composed of not fewer than 9 members ap- Board relating to the duties described in sub- and Mr. ROMNEY)) to the bill H.R. 3684,
pointed by the Secretary, who shall provide paragraph (C)(iii); to authorize funds for Federal-aid high-
expertise in— ‘‘(ii) a description of the 1 or more annual ways, highway safety programs, and
‘‘(I) invasive species; winners of the prize competition; and
‘‘(II) biology; ‘‘(iii) a statement by 1 or more of the
transit programs, and for other pur-
‘‘(III) technology development; judges appointed under subparagraph (E) poses; which was ordered to lie on the
‘‘(IV) engineering; that explains the basis on which the 1 or table; as follows:
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‘‘(V) economics; more winners of the prize competition was At the appropriate place, insert the fol-
‘‘(VI) business development and manage- selected. lowing:
ment; ‘‘(G) TERMINATION OF AUTHORITY.—The SEC. ll. GAO STUDY ON THE IMPACT OF DRUNK
‘‘(VII) wildfire; and Board and all authority provided under this DRIVING CHILD ENDANGERMENT
‘‘(VIII) any other discipline, as the Sec- paragraph shall terminate on December 31, LAWS.
retary determines to be necessary to achieve 2026.’’; and (a) IN GENERAL.—Not later than 1 year
the purposes of this paragraph. (E) in paragraph (9) (as so redesignated)— after the date of enactment of this Act, the
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S5766 CONGRESSIONAL RECORD — SENATE August 3, 2021
Comptroller General of the United States ‘‘(A) the candidate successfully fulfilled KOWSKI, Mr. WARNER, and Mr. ROMNEY))
shall submit to Congress a report on the im- the requirements described in subsection to the bill H.R. 3684, to authorize funds
pact and effectiveness of drunk driving child (b)(2)(A); or for Federal-aid highways, highway
endangerment laws, and ways in which child ‘‘(B) the candidate earned a diploma or safety programs, and transit programs,
endangerment laws can be strengthened to competed a program described in subsection
protect children who may be passengers in (b)(2)(B); or
and for other purposes; which was or-
vehicles driven by drunk drivers. ‘‘(3) in the case of a qualified candidate de- dered to lie on the table; as follows:
(b) CONTENTS.—The report required under scribed in subsection (b)(3), the candidate On page 2675, line 21, strike the period and
this section shall— graduated from the Civilian Conservation insert the following: ‘‘: Provided further,
(1) review— Center.’’. That, notwithstanding any other provision
(A) State laws to determine best practices, of this Act, of the amounts made available
comparing State laws in which driving drunk SA 2404. Mr. SULLIVAN (for himself under this heading, $1,000,000,000 shall be
with a child is classified as a felony versus a made available to the Secretary of Homeland
and Ms. CANTWELL) submitted an
misdemeanor; and Security to construct a wall along the inter-
amendment intended to be proposed to national border between the United States
(B) effective ways in which States mandate amendment SA 2137 proposed by Mr.
or encourage reporting and documentation of and Mexico.’’.
child endangerment; and
SCHUMER (for Ms. SINEMA (for herself,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SA 2407. Mrs. BLACKBURN (for her-
(2) make recommendations as to how State
laws can be improved to protect children SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. self and Ms. LUMMIS) submitted an
from riding as passengers in vehicles driven TESTER, Ms. MURKOWSKI, Mr. WARNER, amendment intended to be proposed to
by drunk drivers, including increased pen- and Mr. ROMNEY)) to the bill H.R. 3684, amendment SA 2137 proposed by Mr.
alties, reporting requirements, increased to authorize funds for Federal-aid high- SCHUMER (for Ms. SINEMA (for herself,
prevention and family support services, and ways, highway safety programs, and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
coordination with child protective services. transit programs, and for other pur- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
poses; which was ordered to lie on the TESTER, Ms. MURKOWSKI, Mr. WARNER,
SA 2403. Mr. MERKLEY (for himself and Mr. ROMNEY)) to the bill H.R. 3684,
and Mr. DAINES) submitted an amend- table; as follows:
On page 2697, line 3, strike the period and
to authorize funds for Federal-aid high-
ment intended to be proposed by him ways, highway safety programs, and
insert the following: ‘‘: Provided further, That
to the bill H.R. 3684, to authorize funds in awarding funds under this heading, the transit programs, and for other pur-
for Federal-aid highways, highway Maritime Administration may consider the poses; which was ordered to lie on the
safety programs, and transit programs, needs of the Strategic Seaport Program, table; as follows:
and for other purposes; which was or- with an emphasis on infrastructure rated in At the end of title VI of division G, add the
dered to lie on the table; as follows: the report on strategic seaports required by following:
At the end of title VIII of division D, add section 3515 of the National Defense Author- Subtitle C—Cybersecurity and Blockchain
the following: ization Act for Fiscal Year 2020 (Public Law Technology
SEC. 408ll. FOREST SERVICE HIRE AUTHORITY. 116–92; 133 Stat. 1985).’’. SEC. 70621. INTERAGENCY COORDINATION ON CY-
Section 12518 of the Agriculture Improve- BERSECURITY AND BLOCKCHAIN
ment Act of 2018 (16 U.S.C. 1725b) is amend-
SA 2405. Mr. SULLIVAN submitted TECHNOLOGY.
ed— an amendment intended to be proposed (a) DEFINITIONS.—In this section—
(1) in subsection (b)— to amendment SA 2137 proposed by Mr. (1) the term ‘‘appropriate agency heads’’
(A) in paragraph (3), by striking the period SCHUMER (for Ms. SINEMA (for herself, means—
at the end and inserting a semicolon; Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (A) the Secretary of Homeland Security;
(B) by redesignating paragraphs (1) (B) the Attorney General;
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
through (3) as subparagraphs (A) through (C), (C) the Director of the Federal Bureau of
TESTER, Ms. MURKOWSKI, Mr. WARNER, Investigation;
respectively, and indenting appropriately; and Mr. ROMNEY)) to the bill H.R. 3684, (D) the Director of the Financial Crimes
(C) in the matter preceding subparagraph
(A) (as so redesignated)—
to authorize funds for Federal-aid high- Enforcement Network; and
ways, highway safety programs, and (E) the Director of the Office of Foreign
(i) by striking ‘‘Land’’ and inserting
transit programs, and for other pur- Assets Control;
‘‘Lands’’; and
poses; which was ordered to lie on the (2) the term ‘‘appropriate congressional
(ii) by striking ‘‘applies to a former re-
committees’’ means—
source assistant’’ and inserting the fol- table; as follows: (A) the Committee on Banking, Housing,
lowing: ‘‘applies to— At the appropriate place, insert the fol- and Urban Affairs of the Senate;
‘‘(1) a former resource assistant’’; and lowing: (B) the Committee on Homeland Security
(D) by adding at the end the following: SEC. lllll. APPLICATION OF NEPA AND NHPA and Governmental Affairs of the Senate;
‘‘(2) except as provided in paragraph (1), a TO COVERED COMMUNICATIONS (C) the Select Committee on Intelligence
former participant in the Public Lands Corps EQUIPMENT OR SERVICES. of the Senate;
program established by section 204 of the (a) NEPA EXEMPTION.—A covered project (D) the Committee on Financial Services
Public Lands Corps Act of 1993 (16 U.S.C. shall not be subject to the requirements of of the House of Representatives;
1723) who— section 102(2)(C) of the National Environ- (E) the Committee on Homeland Security
‘‘(A) successfully fulfilled the requirements mental Policy Act of 1969 (42 U.S.C. of the House of Representatives; and
of a qualified candidate and program partici- 4332(2)(C)). (F) the Permanent Select Committee on
pation; and (b) NATIONAL HISTORIC PRESERVATION ACT Intelligence of the House of Representatives;
‘‘(B) earned a high school diploma or equiv- EXEMPTION.—A covered project shall not be (3) the term ‘‘digital asset’’ has the mean-
alent diploma of completion, or completed a considered an undertaking under section ing given the term in section 6045(g)(3)(D) of
workforce development training program; 300320 of title 54, United States Code. the Internal Revenue Code of 1986, as added
and (c) COVERED PROJECT DEFINED.—In this sec- by section 80603(b)(1)(B) of title VI of divi-
‘‘(3) a graduate of a Civilian Conservation tion, the term ‘‘covered project’’ means a sion H of this Act;
Center program described in section 147(d) of project to permanently remove covered com- (4) the term ‘‘digital asset analytics tool’’
the Workforce Innovation and Opportunity munications equipment or services (as de- means a software tool that conducts data
Act (29 U.S.C. 3197(d)) who successfully com- fined in section 9 of the Secure and Trusted analytics of a digital asset using information
pleted a training program focused on for- Communications Networks Act of 2019 (47 appended to a distributed ledger; and
estry, wildland firefighting, or another topic U.S.C. 1608)) and to replace such covered (5) the term ‘‘Executive agency’’ has the
relating to the mission of the Forest Serv- communications equipment or services with meaning given the term in section 105 of
ice.’’; and communications equipment or services that title 5, United States Code.
(2) in subsection (c)— are not covered communications equipment (b) REQUIRED ACTIVITIES.—Not later than
(A) by striking the period at the end and or services (as so defined). 180 days after the date of enactment of this
inserting a semicolon; Act, the appropriate agency heads, in coordi-
(B) by striking ‘‘date on which the can- SA 2406. Mrs. BLACKBURN (for her- nation with the head of each Executive agen-
didate’’ and inserting the following: ‘‘date on self and Mr. SCOTT of Florida) sub- cy responsible for United States critical in-
dlhill on DSK120RN23PROD with SENATE
which— mitted an amendment intended to be frastructure sectors, as determined by the
‘‘(1) in the case of a qualified candidate de- Secretary of Homeland Security, shall joint-
proposed to amendment SA 2137 pro-
scribed in subsection (b)(1), the candidate’’; ly—
and posed by Mr. SCHUMER (for Ms. SINEMA (1) develop interagency agreement on the
(C) by adding at the end the following: (for herself, Mr. PORTMAN, Mr. common capabilities of digital asset ana-
‘‘(2) in the case of a qualified candidate de- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, lytics tools to detect, track, and analyze
scribed in subsection (b)(2), the later of— Ms. COLLINS, Mr. TESTER, Ms. MUR- risks relating to illicit activity;
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5767
(2) develop interagency agreement on the ‘‘(ii) a vehicle that, under any possible loan provided under the program described in
limitations of digital asset analytics tools operational modes and conditions, produces that clause.
and suggested approaches for improvement; zero exhaust emissions of— ‘‘(B) PROJECTS DESCRIBED.—A project re-
(3) engage with financial institutions in- ‘‘(I) any criteria pollutant for which there ferred to in subparagraph (A) is any of the
volved in digital asset activities relating to are national ambient air quality standards following:
best practices for use of digital asset ana- under section 109 of the Clean Air Act (42 ‘‘(i) A project eligible under section 133 of
lytics tools, emerging risks, and coordina- U.S.C. 7409) or precursor pollutant, or title 23, United States Code.
tion with law enforcement; ‘‘(II) any greenhouse gas. ‘‘(ii) A project eligible under section 119 of
(4) develop a comprehensive interagency ‘‘(B) GREENHOUSE GAS.—For purposes of title 23, United States Code.
strategy for effectively reducing illicit activ- this paragraph, the term ‘greenhouse gas’ ‘‘(iii) A project eligible under section 148 of
ity relating to digital assets, while pro- means any of the following: title 23, United States Code.
tecting the responsible adoption and use of ‘‘(i) Carbon dioxide. ‘‘(iv) A project eligible under section 167 of
digital assets and distributed ledger tech- ‘‘(ii) Methane. title 23, United States Code.
nology; and ‘‘(iii) Nitrous oxide. ‘‘(v) A project eligible under section 149 of
(5) develop recommendations for statutory ‘‘(iv) Hydrofluorocarbons. title 23, United States Code.
or regulatory amendments that are nec- ‘‘(v) Perfluorocarbons. ‘‘(vi) An activity to carry out section 134 of
essary to carry out paragraph (4), as well as ‘‘(vi) Sulfur hexafluoride. title 23, United States Code.
additional Executive agency positions or re- ‘‘(4) ZERO-EMISSIONS VEHICLE INFRASTRUC- ‘‘(vii) A project eligible under section 202
sources required to carry out paragraph (4). TURE LOCATED WITHIN OTHER FACILITIES OR of title 23, United States Code.
(c) REPORT.—Not later than 210 days after PROJECTS.—For purposes of subsection (a), ‘‘(viii) A project eligible under section 203
the date of enactment of this Act, the appro- any zero-emission vehicle infrastructure lo- of title 23, United States Code.
priate agency heads shall jointly submit to cated within— ‘‘(ix) A project eligible under section 204 of
the appropriate congressional committees a ‘‘(A) a facility or project described in sub- title 23, United States Code.
report, which may contain a classified section (a), or ‘‘(x) A project eligible under section 165 of
annex, on the activities described in sub- ‘‘(B) an area adjacent to a facility or title 23, United States Code.
section (b). project described in subsection (a) that pri- ‘‘(xi) A project that receives a grant under
marily serves vehicles traveling to or from section 117 of title 23, United States Code.
SA 2408. Ms. CORTEZ MASTO (for such facility or project, ‘‘(xii) A project that receives a grant under
herself and Ms. SMITH) submitted an the program for national infrastructure in-
shall be treated as described in the para-
amendment intended to be proposed to vestments (commonly known as the ‘Re-
graph in which such facility or project is de-
amendment SA 2137 proposed by Mr. scribed.’’.
building American Infrastructure with Sus-
SCHUMER (for Ms. SINEMA (for herself, (b) EFFECTIVE DATE.—The amendments tainability and Equity (RAISE) grant pro-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- made by this section shall apply to obliga- gram’).
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. tions issued after December 31, 2021. ‘‘(xiii) A project that receives credit assist-
ance under the TIFIA program under chapter
TESTER, Ms. MURKOWSKI, Mr. WARNER, 6 of title 23, United States Code.
and Mr. ROMNEY)) to the bill H.R. 3684, SA 2409. Mr. CORNYN (for himself,
Mr. PADILLA, Ms. BALDWIN, Mrs. MUR- ‘‘(xiv) A project that receives a grant
to authorize funds for Federal-aid high- under section 5309 of title 49, United States
ways, highway safety programs, and RAY, Mr. KELLY, Ms. LUMMIS, Mr.
Code.
transit programs, and for other pur- WICKER, Ms. HASSAN, Ms. CORTEZ ‘‘(xv) A project that receives a grant under
poses; which was ordered to lie on the MASTO, Mr. LUJÁN, and Ms. CANTWELL) section 5337 of title 49, United States Code.
table; as follows: submitted an amendment intended to ‘‘(xvi) A project that receives a grant
At the appropriate place in division H, in-
be proposed to amendment SA 2137 pro- under section 5339 of title 49, United States
sert the following: posed by Mr. SCHUMER (for Ms. SINEMA Code.
SEC. lll. EXEMPT FACILITY BONDS FOR ZERO- (for herself, Mr. PORTMAN, Mr. ‘‘(xvii) A project that receives a grant
EMISSION VEHICLE INFRASTRUC- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, under section 5307 of title 49, United States
TURE. Ms. COLLINS, Mr. TESTER, Ms. MUR- Code.
(a) IN GENERAL.—Section 142 of the Inter- ‘‘(xviii) A project that receives a grant
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
nal Revenue Code of 1986 is amended— under section 5311 of title 49, United States
to the bill H.R. 3684, to authorize funds Code.
(1) in subsection (a)—
(A) in paragraph (14), by striking ‘‘or’’ at
for Federal-aid highways, highway ‘‘(xix) A project that receives a grant
the end, safety programs, and transit programs, under section 6703 of title 49, United States
(B) in paragraph (15), by striking the pe- and for other purposes; which was or- Code, as added by section 21203 of the Infra-
riod at the end and inserting ‘‘, or’’, and dered to lie on the table; as follows: structure Investment and Jobs Act.
(C) by adding at the end the following new At the appropriate place in division I, in- ‘‘(xx) A project carried out using funds
paragraph: sert the following: made available under title I of the Housing
‘‘(16) zero-emission vehicle infrastruc- SEC. ll. AUTHORITY TO USE CORONAVIRUS RE- and Community Development Act of 1974 (42
ture.’’, and LIEF FUNDS FOR INFRASTRUCTURE U.S.C. 5301 et seq.).
(2) by adding at the end the following new PROJECTS. ‘‘(C) NON-FEDERAL SHARE.—Notwith-
subsection: (a) IN GENERAL.—Title VI of the Social Se- standing any other provision of law, in the
‘‘(n) ZERO-EMISSION VEHICLE INFRASTRUC- curity Act (42 U.S.C. 801 et seq.) is amend- case of a project described in clauses (i)
TURE.— ed— through (x) of subparagraph (B) that is car-
‘‘(1) IN GENERAL.—For purposes of sub- (1) in section 601(d)— ried out with funds provided under a pay-
section (a)(16), the term ‘zero-emission vehi- (A) by redesignating paragraphs (1) ment made under this section, the State,
cle infrastructure’ means any property (not through (3) as subparagraphs (A) through (C), Tribal government, or unit of local govern-
including a building and its structural com- respectively, and adjusting the margins ac- ment shall not be required to provide a non-
ponents) if such property is— cordingly; Federal share.
‘‘(A) made available for use by members of (B) by striking ‘‘A State, Tribal govern- ‘‘(D) LIMITATION; APPLICATION OF REQUIRE-
the general public, and ment, and unit of local government’’ and in- MENTS.—
‘‘(B) used to charge or fuel zero-emissions serting the following: ‘‘(i) LIMITATION ON OPERATING EXPENSES.—
vehicles, but only if the property is located ‘‘(1) IN GENERAL.—A State, Tribal govern- Funds provided under a payment made under
at the point where the vehicles are charged ment, and unit of local government’’; and this section shall not be used for operating
or fueled. (C) by adding at the end the following new expenses of a project described in clauses
‘‘(2) INCLUSION OF UTILITY SERVICE CONNEC- paragraph: (xiv) through (xviii) of subparagraph (B).
TIONS.—The term ‘zero-emission vehicle in- ‘‘(2) AUTHORITY TO USE FUNDS FOR CERTAIN ‘‘(ii) APPLICATION OF REQUIREMENTS TO
frastructure’ shall include any utility serv- INFRASTRUCTURE PROJECTS.— CDBG BROADBAND PROJECTS.—The require-
ice connections, utility panel upgrades, or ‘‘(A) IN GENERAL.—Notwithstanding any ments of section 60102 of the Infrastructure
contributions in aid of construction (as de- other provision of law, a State, Tribal gov- Investment and Jobs Act shall apply to funds
scribed in section 118) which are required for ernment, or unit of local government may provided under a payment made under this
the charging or fueling of zero-emissions ve- use funds provided under a payment made section that are used for a project described
hicles. under this section for a project described in in clause (xx) of subparagraph (B) that re-
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‘‘(3) ZERO-EMISSIONS VEHICLE.— subparagraph (B), including— lates to broadband infrastructure.
‘‘(A) IN GENERAL.—The term ‘zero-emis- ‘‘(i) in the case of a project described in ‘‘(E) AVAILABILITY.—Funds provided under
sions vehicle’ means— clause (xi), (xii), or (xiii) of that subpara- a payment made under this section to a
‘‘(i) a zero-emission vehicle as defined in graph, to satisfy a non-Federal share re- State, Tribal government, or unit of local
section 88.102–94 of title 40, Code of Federal quirement applicable to such a project; and government shall remain available for obli-
Regulations (as in effect on the date of en- ‘‘(ii) in the case of a project described in gation for a use described in subparagraph
actment of this subsection), or clause (xiii) of that subparagraph, to repay a (A) through December 31, 2024, except that no
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S5768 CONGRESSIONAL RECORD — SENATE August 3, 2021
amount of such funds may be expended after ritory, or Tribal government shall not be re- ‘‘(xiv) A project that receives a grant
September 30, 2028.’’; quired to provide a non-Federal share. under section 5309 of title 49, United States
(2) in section 602— ‘‘(D) LIMITATION; APPLICATION OF REQUIRE- Code.
(A) in subsection (a)(1), by inserting ‘‘(ex- MENTS.— ‘‘(xv) A project that receives a grant under
cept as provided in subsection (c)(4))’’ after ‘‘(i) LIMITATION ON OPERATING EXPENSES.— section 5337 of title 49, United States Code.
‘‘December 31, 2024’’; and Funds provided under a payment made under ‘‘(xvi) A project that receives a grant
(B) in subsection (c)— this section shall not be used for operating under section 5339 of title 49, United States
(i) in paragraph (1), in the matter pre- expenses of a project described in clauses Code.
ceding subparagraph (A), by striking ‘‘para- (xiv) through (xviii) of subparagraph (B). ‘‘(xvii) A project that receives a grant
graph (3)’’ and inserting ‘‘paragraphs (3) and ‘‘(ii) APPLICATION OF REQUIREMENTS TO under section 5307 of title 49, United States
(4)’’; and CDBG BROADBAND PROJECTS.—The require- Code.
(ii) by adding at the end the following new ments of section 60102 of the Infrastructure ‘‘(xviii) A project that receives a grant
paragraph: Investment and Jobs Act shall apply to funds under section 5311 of title 49, United States
‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN provided under a payment made under this Code.
INFRASTRUCTURE PROJECTS.— section that are used for a project described ‘‘(xix) A project that receives a grant
‘‘(A) IN GENERAL.—Notwithstanding any in clause (xx) of subparagraph (B) that re- under title I of the Housing and Community
other provision of law, a State, territory, or lates to broadband infrastructure. Development Act of 1974 (42 U.S.C. 5301 et
Tribal government receiving a payment ‘‘(E) AVAILABILITY.—Funds provided under seq.).
‘‘(C) NON-FEDERAL SHARE.—Notwith-
under this section may use funds provided a payment made under this section to a
standing any other provision of law, in the
under such payment for a project described State, territory, or Tribal government shall
case of a project described in clauses (i)
in subparagraph (B), including— remain available for obligation for a use de-
through (x) of subparagraph (B) that is car-
‘‘(i) in the case of a project described in scribed in subparagraph (A) through Decem-
ried out with funds provided under a pay-
clause (xi), (xii), or (xiii) of that subpara- ber 31, 2024, except that no amount of such
ment made under this section, the metro-
graph, to satisfy a non-Federal share re- funds may be expended after September 30,
politan city, nonentitlement unit of local
quirement applicable to such a project; and 2028.’’; and
government, or county shall not be required
‘‘(ii) in the case of a project described in (3) in subsection 603— to provide a non-Federal share.
clause (xiii) of that subparagraph, to repay a (A) in subsection (a), by inserting ‘‘(except ‘‘(D) LIMITATION; APPLICATION OF REQUIRE-
loan provided under the program described in as provided in subsection (c)(5))’’ after ‘‘De- MENTS.—
that clause. cember 31, 2024’’; and ‘‘(i) LIMITATION ON OPERATING EXPENSES.—
‘‘(B) PROJECTS DESCRIBED.—A project re- (B) in subsection (c)— Funds provided under a payment made under
ferred to in subparagraph (A) is any of the (i) in paragraph (1), in the matter pre- this section shall not be used for operating
following: ceding subparagraph (A), by striking ‘‘para- expenses of a project described in clauses
‘‘(i) A project eligible under section 133 of graphs (3) and (4)’’ and inserting ‘‘paragraphs (xiv) through (xviii) of subparagraph (B).
title 23, United States Code. (3), (4), and (5)’’; and ‘‘(ii) APPLICATION OF REQUIREMENTS TO
‘‘(ii) A project eligible under section 119 of (ii) by adding at the end the following new CDBG BROADBAND PROJECTS.—The require-
title 23, United States Code. paragraph: ments of section 60102 of the Infrastructure
‘‘(iii) A project eligible under section 148 of ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN Investment and Jobs Act shall apply to funds
title 23, United States Code. INFRASTRUCTURE PROJECTS.— provided under a payment made under this
‘‘(iv) A project eligible under section 167 of ‘‘(A) IN GENERAL.—Notwithstanding any section that are used for a project described
title 23, United States Code. other provision of law, a metropolitan city, in clause (xx) of subparagraph (B) that re-
‘‘(v) A project eligible under section 149 of nonentitlement unit of local government, or lates to broadband infrastructure.
title 23, United States Code. county receiving a payment under this sec- ‘‘(E) AVAILABILITY.—Funds provided under
‘‘(vi) An activity to carry out section 134 of tion may use funds provided under such pay- a payment made under this section to a met-
title 23, United States Code. ment for a project described in subparagraph ropolitan city, nonentitlement unit of local
‘‘(vii) A project eligible under section 202 (B), including— government, or county shall remain avail-
of title 23, United States Code. ‘‘(i) in the case of a project described in able for obligation for a use described in sub-
‘‘(viii) A project eligible under section 203 clause (xi), (xii), or (xiii) of that subpara- paragraph (A) through December 31, 2024, ex-
of title 23, United States Code. graph, to satisfy a non-Federal share re- cept that no amount of such funds may be
‘‘(ix) A project eligible under section 204 of quirement applicable to such a project; and expended after September 30, 2028.’’.
title 23, United States Code. ‘‘(ii) in the case of a project described in (b) TECHNICAL AMENDMENTS.—Sections
‘‘(x) A project eligible under section 165 of clause (xiii) of that subparagraph, to repay a 602(c)(3) and 603(c)(3) of title VI of the Social
title 23, United States Code. loan provided under the program described in Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
‘‘(xi) A project that receives a grant under that clause. each amended by striking ‘‘paragraph (17)
section 117 of title 23, United States Code. ‘‘(B) PROJECTS DESCRIBED.—A project re- of’’.
‘‘(xii) A project that receives a grant under ferred to in subparagraph (A) is any of the (c) EFFECTIVE DATE.—The amendments
the program for national infrastructure in- following: made by this section shall take effect as if
vestments (commonly known as the ‘Re- ‘‘(i) A project eligible under section 133 of included in—
building American Infrastructure with Sus- title 23, United States Code. (1) in the case of the amendments made by
tainability and Equity (RAISE) grant pro- ‘‘(ii) A project eligible under section 119 of subsection (a)(1), the enactment of the
gram’). title 23, United States Code. CARES Act (Public Law 116–136); and
‘‘(xiii) A project that receives credit assist- ‘‘(iii) A project eligible under section 148 of (2) in the case of the amendments made by
ance under the TIFIA program under chapter title 23, United States Code. paragraphs (2) and (3) of subsection (a) and
6 of title 23, United States Code. ‘‘(iv) A project eligible under section 167 of subsection (b), the enactment of the Amer-
‘‘(xiv) A project that receives a grant title 23, United States Code. ican Rescue Plan Act of 2021 (Public Law 117–
under section 5309 of title 49, United States ‘‘(v) A project eligible under section 149 of 2).
Code. title 23, United States Code. ---
‘‘(xv) A project that receives a grant under ‘‘(vi) An activity to carry out section 134 of SA 2410. Mr. MARSHALL submitted
section 5337 of title 49, United States Code. title 23, United States Code. an amendment intended to be proposed
‘‘(xvi) A project that receives a grant ‘‘(vii) A project eligible under section 202 to amendment SA 2137 proposed by Mr.
under section 5339 of title 49, United States of title 23, United States Code. SCHUMER (for Ms. SINEMA (for herself,
Code. ‘‘(viii) A project eligible under section 203 Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
‘‘(xvii) A project that receives a grant of title 23, United States Code. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
under section 5307 of title 49, United States ‘‘(ix) A project eligible under section 204 of TESTER, Ms. MURKOWSKI, Mr. WARNER,
Code. title 23, United States Code.
and Mr. ROMNEY)) to the bill H.R. 3684,
‘‘(xviii) A project that receives a grant ‘‘(x) A project eligible under section 165 of
under section 5311 of title 49, United States title 23, United States Code. to authorize funds for Federal-aid high-
Code. ‘‘(xi) A project that receives a grant under ways, highway safety programs, and
‘‘(xix) A project that receives a grant section 117 of title 23, United States Code. transit programs, and for other pur-
under title I of the Housing and Community ‘‘(xii) A project that receives a grant under poses; which was ordered to lie on the
Development Act of 1974 (42 U.S.C. 5301 et the program for national infrastructure in- table; as follows:
dlhill on DSK120RN23PROD with SENATE
seq.). vestments (commonly known as the ‘Re- At the appropriate place, insert the fol-
‘‘(C) NON-FEDERAL SHARE.—Notwith- building American Infrastructure with Sus- lowing:
standing any other provision of law, in the tainability and Equity (RAISE) grant pro- SEC. lllll. PROHIBITION ON USE OF FUNDS
case of a project described in clauses (i) gram’). TO ENFORCE MASK MANDATES.
through (x) of subparagraph (B) that is car- ‘‘(xiii) A project that receives credit assist- None of the amounts made available under
ried out with funds provided under a pay- ance under the TIFIA program under chapter any division of this Act, including an amend-
ment made under this section, the State, ter- 6 of title 23, United States Code. ment made by any division of this Act, may
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5769
be used for the enforcement of a requirement (1) the State or unit of local government is other support for live performing arts
to wear a mask or face covering on any mode likely to prevail on the merits at trial; and events; and
of public transportation. (2) the injunction would cause irreparable ‘‘(bb) for which not less than 70 percent of
harm to the State or unit of local govern- the earned revenue generated through pro-
SA 2411. Mr. MARSHALL (for him- ment. viding the support described in item (aa) is
self, Ms. ERNST, and Mr. GRASSLEY) (d) STATUTE OF LIMITATIONS.—No action for live performing arts events organized,
submitted an amendment intended to shall be maintained under this section unless promoted, produced, managed, or hosted by
the action is commenced not later than 10 an eligible person or entity described in
be proposed to amendment SA 2137 pro-
years after the cause of action arose. paragraph (1)(A)(iii); or
posed by Mr. SCHUMER (for Ms. SINEMA (e) JURISDICTION.—A person described in ‘‘(II)(aa) showcases performers or pre-pack-
(for herself, Mr. PORTMAN, Mr. subsection (b) may bring an action under aged productions to potential buyers; and
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, that subsection in— ‘‘(bb) for which not less than 70 percent of
Ms. COLLINS, Mr. TESTER, Ms. MUR- (1) the district court of the United States the earned revenue generated through show-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) for the judicial district in which the person— casing performers or pre-packaged produc-
to the bill H.R. 3684, to authorize funds (A) is affected by a regulation described in tions described in item (aa) is for live per-
that subsection; or forming arts events—
for Federal-aid highways, highway (B) resides, operates, or does business; or ‘‘(AA) organized, promoted, produced, man-
safety programs, and transit programs, (2) any other appropriate court otherwise aged, or hosted by an eligible person or enti-
and for other purposes; which was or- having jurisdiction. ty described in paragraph (1)(A)(iii); or
dered to lie on the table; as follows: ‘‘(BB) hosted in a hotel or convention cen-
At the end of division G, add the following: SA 2412. Mrs. BLACKBURN (for her- ter facility;
TITLE XII—AGRICULTURAL TRADE self and Mr. HAGERTY) submitted an ‘‘(B) includes an individual or entity de-
SEC. 71201. SHORT TITLE.
amendment intended to be proposed to scribed in subparagraph (A) that—
This title may be cited as the ‘‘Exposing amendment SA 2137 proposed by Mr. ‘‘(i) operates for profit;
Agricultural Trade Suppression Act’’. SCHUMER (for Ms. SINEMA (for herself, ‘‘(ii) is a nonprofit organization;
SEC. 71202. PROHIBITION AGAINST INTER- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(iii) is government-owned; or
FERENCE BY STATE AND LOCAL SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(iv) is a corporation, limited liability
GOVERNMENTS WITH PRODUCTION TESTER, Ms. MURKOWSKI, Mr. WARNER, company, or partnership or operated as a
OR MANUFACTURE OF ITEMS IN sole proprietorship; and
OTHER STATES.
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(C) does not include—
(a) DEFINITION OF AGRICULTURAL PROD- to authorize funds for Federal-aid high- ‘‘(i) an individual or entity described in
UCTS.—In this section, the term ‘‘agricul- ways, highway safety programs, and subparagraph (A) that—
tural products’’ has the meaning given the transit programs, and for other pur- ‘‘(I) employs more than 250 full-time em-
term in section 207 of the Agricultural Mar- poses; which was ordered to lie on the ployees; or
keting Act of 1946 (7 U.S.C. 1626). table; as follows: ‘‘(II) is registered or operates outside of
(b) PROHIBITION.—Consistent with the Com- At the appropriate place in division I, in- the United States; or
merce Clause of section 8 of article I of the sert the following: ‘‘(ii) an entity that is majority owned or
Constitution of the United States, the gov- SEC. 90lll. ADDING SERVICE AND SUPPORT controlled by an entity that is an issuer, the
ernment of a State or a unit of local govern- COMPANIES TO THE SHUTTERED securities of which are listed on a national
ment within a State shall not impose a VENUE OPERATORS GRANT PRO- securities exchange under section 6 of the
standard or condition on the production or GRAM. Securities Exchange Act of 1934 (15 U.S.C.
manufacture of any agricultural products (a) IN GENERAL.—Section 324 of the Eco- 78f).’’; and
sold or offered for sale in interstate com- nomic Aid to Hard-Hit Small Businesses, (2) in subsection (b)(2)(B), by adding at the
merce if— Nonprofits, and Venues Act (title III of divi- end the following:
(1) the production or manufacture occurs sion N of Public Law 116–260) is amended— ‘‘(iii) PRIORITY FOR AWARDS TO SERVICE AND
in another State; and (1) in subsection (a)— SUPPORT COMPANIES.—
(2) the standard or condition is in addition (A) in paragraph (1)— ‘‘(I) FIRST PRIORITY IN AWARDING GRANTS.—
to the standards and conditions applicable to (i) in subparagraph (A)— During the initial 14-day period during which
the production or manufacture pursuant to— (I) in the matter preceding clause (i), by in- service and support companies are eligible to
(A) Federal law; and serting ‘‘a service and support company,’’ receive a grant under this paragraph, in
(B) the laws of the State and unit of local after ‘‘theatre operator,’’; making awards to those companies, the Ad-
government in which the production or man- (II) in clause (i)— ministrator shall only award grants to those
ufacture occurs. (aa) in the matter preceding subclause (I), companies with revenue during the period
SEC. 71203. FEDERAL CAUSE OF ACTION TO by inserting ‘‘the service and support com- beginning on April 1, 2020 and ending on De-
CHALLENGE STATE REGULATION OF pany,’’ after ‘‘theatre operator,’’; and cember 31, 2020, that is not more than 10 per-
INTERSTATE COMMERCE. (bb) in subclause (I), by inserting ‘‘a serv- cent of the revenue of the company during
(a) DEFINITION OF AGRICULTURAL PROD- ice and support company,’’ after ‘‘theatre op- the period beginning on April 1, 2019 and end-
UCTS.—In this section, the term ‘‘agricul- erator,’’; ing on December 31, 2019, due to the COVID–
tural products’’ has the meaning given the (III) in clause (ii)— 19 pandemic.
term in section 207 of the Agricultural Mar- (aa) in subclause (III), by striking ‘‘and’’ at ‘‘(II) SECOND PRIORITY IN AWARDING
keting Act of 1946 (7 U.S.C. 1626). the end; GRANTS.—During the 14-day period imme-
(b) PRIVATE RIGHT OF ACTION.—A person, (bb) in subclause (IV), by adding ‘‘and’’ at diately following the14-day period described
including a producer, a transporter, a the end; and in clause (i), in making awards to service and
distributer, a consumer, a laborer, a trade (cc) by adding at the end the following: support companies under this paragraph, the
association, the Federal Government, a ‘‘(V) the service and support company is or Administrator shall only award grants to
State government, or a unit of local govern- intends to resume the services and activities those companies with revenue, during the pe-
ment, that is affected by a regulation of a described in paragraph (11);’’; and riod beginning on April 1, 2020 and ending on
State or unit of local government that regu- (IV) in clause (vi), by inserting ‘‘the serv- December 31, 2020, that is not more than 30
lates any aspect of 1 or more agricultural ice and support company,’’ after ‘‘theatre op- percent of the revenue of the company dur-
products that are sold in interstate com- erator,’’ each place that term appears; and ing the period beginning on April 1, 2019 and
merce, including any aspect of the method of (ii) in subparagraph (B), by inserting ‘‘serv- ending on December 31, 2019, due to the
production, or any means or instrumentality ice and support company,’’ after ‘‘theatre op- COVID–19 pandemic.’’.
through which 1 or more agricultural prod- erator,’’ each place that term appears; and (b) TRANSFER OF AMOUNTS FROM
ucts are sold in interstate commerce may (B) by adding at the end the following: CORONAVIRUS STATE AND LOCAL FISCAL RE-
bring an action in the appropriate court to ‘‘(11) SERVICE AND SUPPORT COMPANY.—The COVERY FUNDS TO SHUTTERED VENUE OPERA-
invalidate that regulation and seek damages term ‘service and support company’— TORS PROGRAM.—
for economic loss resulting from that regula- ‘‘(A) means an individual or entity— (1) RESCISSION.—Of the unobligated bal-
tion. ‘‘(i) that is assigned a North American In- ances of amounts appropriated under sec-
(c) PRELIMINARY INJUNCTION.—On a motion dustry Classification System code of 532490, tions 602(a)(1) and 603(a) of the Social Secu-
of the plaintiff in an action brought under 541410, 541420, 541430, 541490, 561920, 711190, or rity Act (as added by section 9901 of the
subsection (b), the court shall issue a pre- 711320, as appears on the most recent income American Rescue Plan Act of 2021 (Public
dlhill on DSK120RN23PROD with SENATE
liminary injunction to preclude the applica- tax filing or on the application for a loan Law 117–2)) on the date of enactment of this
ble State or unit of local government from under paragraph (36) or (37) of section 7(a) of Act, $4,000,000,000 is rescinded, provided that
enforcing the regulation at issue until such the Small Business Act (15 U.S.C. 636(a)) of amounts shall be rescinded from the unobli-
time as the court enters a final judgment in the individual or entity, if applicable; and gated balance of amounts appropriated under
the case, unless the State or unit of local ‘‘(ii) that— such section 602(a)(1) first, and amounts
government proves by clear and convincing ‘‘(I)(aa) as a principal business activity, shall then be rescinded from the unobligated
evidence that— provide stages, lighting, sound, casts, or balance of amounts appropriated under such
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S5770 CONGRESSIONAL RECORD — SENATE August 3, 2021
section 603(a) only if the unobligated balance On page 2611, line 19, strike ‘‘$72,000,000’’ On page 2612, line 6, insert ‘‘and’’ after the
of amounts appropriated under such section and insert ‘‘$70,000,000’’. semicolon.
602(a)(1) is less than $4,000,000,000. On page 2612, line 6, insert ‘‘and’’ after the On page 2612, line 10, strike ‘‘; and’’ and in-
(2) APPROPRIATION.—There is appro- semicolon. sert a period.
priated for an additional amount, out of On page 2612, line 10, strike ‘‘; and’’ and in- On page 2612, strike lines 11 through 13.
amounts in the Treasury not otherwise ap- sert a period.
propriated, for the fiscal year ending Sep- On page 2612, strike lines 11 through 13. SA 2416. Mrs. HYDE-SMITH sub-
tember 30, 2021, an amount equal to the mitted an amendment intended to be
amount rescinded under paragraph (1), to re- SA 2414. Mr. DAINES submitted an proposed to amendment SA 2137 pro-
main available until December 31, 2021, under amendment intended to be proposed to posed by Mr. SCHUMER (for Ms. SINEMA
the heading ‘‘Small Business Administra- amendment SA 2137 proposed by Mr. (for herself, Mr. PORTMAN, Mr.
tion—Shuttered Venue Operators’’, to make SCHUMER (for Ms. SINEMA (for herself, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
grants to service and support companies Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Ms. COLLINS, Mr. TESTER, Ms. MUR-
under section 324 of the Economic Aid to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. KOWSKI, Mr. WARNER, and Mr. ROMNEY))
Hard Hit Small Businesses, Nonprofits, and TESTER, Ms. MURKOWSKI, Mr. WARNER, to the bill H.R. 3684, to authorize funds
Venues Act (title III of division N of Public
and Mr. ROMNEY)) to the bill H.R. 3684, for Federal-aid highways, highway
Law 116-260), as amended by subsection (a).
(c) PROCESSING PREVIOUSLY DENIED APPLI- to authorize funds for Federal-aid high- safety programs, and transit programs,
CATIONS.—If a service and support company, ways, highway safety programs, and and for other purposes; which was or-
as defined in paragraph (11) of section 324(a) transit programs, and for other pur- dered to lie on the table; as follows:
of the Economic Aid to Hard-Hit Small Busi- poses; which was ordered to lie on the At the appropriate place in title I of divi-
nesses, Nonprofits, and Venues Act (title III table; as follows: sion E, insert the following:
of division N of Public Law 116–260), as added On page 1816, strike lines 1 through 12 and SEC. 501ll. EMERGENCY WATER INFRASTRUC-
by subsection (a), was denied a grant under TURE IMPROVEMENTS.
insert the following:
such section before the date of enactment of (a) ADDITIONAL ENVIRONMENTAL INFRA-
(2) $285,000,000 shall be made available to
this Act due to lack of eligibility but, as a STRUCTURE AUTHORITY.—Section 219(f)(167) of
provide to States and Indian Tribes for im-
result of the amendments made by sub- the Water Resources Development Act of
plementing restoration projects on Federal
section (a), is eligible for a grant under such 1992 (Public Law 102–580; 106 Stat. 4835; 113
land pursuant to good neighbor agreements
section, the Administrator of the Small Stat. 335; 121 Stat. 1263) is amended by strik-
entered into under section 8206 of the Agri- ing ‘‘$25,000,000’’ and inserting ‘‘$47,000,000’’.
Business Administration shall reconsider cultural Act of 2014 (16 U.S.C. 2113a) or agree-
and process the application of the service (b) SAFE DRINKING WATER INFRASTRUC-
ments entered into under section 2(b) of the TURE.—
and support company. Tribal Forest Protection Act of 2004 (25
(d) REGULATIONS.—Not later than 30 days (1) DEFINITIONS.—In this subsection:
U.S.C. 3115a(b)), of which— (A) ELIGIBLE STATE.—The term ‘‘eligible
after the date of enactment of this Act, the (A) $40,000,000 shall be made available to
Administrator of the Small Business Admin- State’’ means a State—
the Secretary of the Interior; and (i) for which the President has declared not
istration shall issue regulations to carry out (B) $245,000,000 shall be made available to
this Act and the amendments made by this fewer than 5 major disasters under the Rob-
the Secretary of Agriculture; ert T. Stafford Disaster Relief and Emer-
Act without regard to the notice require-
ments under section 553(b) of title 5, United gency Assistance Act (42 U.S.C. 5121 et seq.);
SA 2415. Mr. DAINES submitted an and
States Code. amendment intended to be proposed to
(e) SENSE OF CONGRESS.—It is the sense of (ii) in which public water systems suffered
Congress that the Administrator of the amendment SA 2137 proposed by Mr. major damage, as determined by the Admin-
Small Business Administration should— SCHUMER (for Ms. SINEMA (for herself, istrator, from Winter Storms Uri and Viola.
(1) issue guidance to ensure that entities Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) ELIGIBLE SYSTEM.—The term ‘‘eligible
whose principal business is to provide serv- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. system’’ means a public water system that
has been subject to an emergency adminis-
ices and support to the live events industry TESTER, Ms. MURKOWSKI, Mr. WARNER, trative order pursuant to section 1431 of the
remain eligible for the program established and Mr. ROMNEY)) to the bill H.R. 3684, Safe Drinking Water Act (42 U.S.C. 300i) dur-
under section 324 of the Economic Aid to to authorize funds for Federal-aid high- ing calendar year 2020.
Hard Hit Small Businesses, Nonprofits, and
ways, highway safety programs, and (C) PUBLIC WATER SYSTEM.—The term ‘‘pub-
Venues Act (title III of division N of Public
Law 116–260); and transit programs, and for other pur- lic water system’’ has the meaning given the
poses; which was ordered to lie on the term in section 1401 of the Safe Drinking
(2) distribute funds appropriated for that
table; as follows: Water Act (42 U.S.C. 300f).
program not later than 120 days after the
(2) STATE REVOLVING LOAN FUND ASSIST-
date of enactment of this Act. On page 1816, strike lines 1 through 12 and
ANCE.—
insert the following: (A) IN GENERAL.—Notwithstanding any
SA 2413. Mr. DAINES submitted an (2) $285,000,000 shall be made available to other provision of law, an eligible system
amendment intended to be proposed to provide to States and Indian Tribes for im- shall be—
amendment SA 2137 proposed by Mr. plementing restoration projects on Federal (i) considered a disadvantaged community
SCHUMER (for Ms. SINEMA (for herself, land pursuant to good neighbor agreements for purposes of subsection (d) of section 1452
entered into under section 8206 of the Agri-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- of the Safe Drinking Water Act (42 U.S.C.
cultural Act of 2014 (16 U.S.C. 2113a) or agree- 300j–12); and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ments entered into under section 2(b) of the (ii) eligible to receive the additional sub-
TESTER, Ms. MURKOWSKI, Mr. WARNER, Tribal Forest Protection Act of 2004 (25
and Mr. ROMNEY)) to the bill H.R. 3684, sidization described in paragraph (1) of that
U.S.C. 3115a(b)), of which— subsection, including the forgiveness of prin-
to authorize funds for Federal-aid high- (A) $40,000,000 shall be made available to cipal described in that paragraph.
ways, highway safety programs, and the Secretary of the Interior; and (B) AUTHORIZATION.—An eligible State may
transit programs, and for other pur- (B) $245,000,000 shall be made available to use funds made available under a capitaliza-
poses; which was ordered to lie on the the Secretary of Agriculture; tion grant provided under paragraph (3) to
On page 2553, line 5, strike ‘‘$585,000,000’’
table; as follows: and insert ‘‘$510,000,000’’.
provide the additional subsidization de-
On page 2553, line 5, strike ‘‘$585,000,000’’ scribed in subparagraph (A)(ii) to an eligible
On page 2553, line 8, strike ‘‘, of which’’ and
and insert ‘‘$510,000,000’’. system within the eligible State to address
all that follows through ‘‘established:’’ on
On page 2553, line 8, strike ‘‘, of which’’ and contaminants in drinking water, which may
line 12 and insert ‘‘: Provided further, That no
all that follows through ‘‘established:’’ on include the repair and replacement of water
funds made available under this Act shall be
line 12 and insert ‘‘: Provided further, That no distribution system components.
used for the breach or removal of a Federal
funds made available under this Act shall be (3) DRINKING WATER STATE REVOLVING
or non-Federal dam:’’.
used for the breach or removal of a Federal FUNDS.—
On page 2611, line 10, strike ‘‘$360,000,000’’
or non-Federal dam:’’. and insert ‘‘$350,000,000’’. (A) APPROPRIATION.—There is appropriated
On page 2611, line 10, strike ‘‘$360,000,000’’ On page 2611, line 11, strike ‘‘$72,000,000’’ to the Administrator, out of any funds of the
and insert ‘‘$350,000,000’’. and insert ‘‘$70,000,000’’. Treasury not otherwise appropriated,
On page 2611, line 11, strike ‘‘$72,000,000’’ On page 2611, line 13, strike ‘‘$72,000,000’’ $150,000,000 to provide additional capitaliza-
dlhill on DSK120RN23PROD with SENATE
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. tion grants to eligible States pursuant to
On page 2611, line 13, strike ‘‘$72,000,000’’ On page 2611, line 15, strike ‘‘$72,000,000’’ section 1452 of the Safe Drinking Water Act
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. (42 U.S.C. 300j–12) for the purposes described
On page 2611, line 15, strike ‘‘$72,000,000’’ On page 2611, line 17, strike ‘‘$72,000,000’’ in paragraph (2)(B), to remain available until
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. expended.
On page 2611, line 17, strike ‘‘$72,000,000’’ On page 2611, line 19, strike ‘‘$72,000,000’’ (B) INTENDED USE PLANS.—Not later than 30
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. days after the date on which an eligible
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5771
State submits to the Administrator a revised (B) any land located within the boundaries under paragraph (1) shall comply with the
intended use plan under section 1452(b) of the of an Indian reservation, pueblo, or environmental review procedures under parts
Safe Drinking Water Act (42 U.S.C. 300j– rancheria, the title to which is held— 1500–1508 of title 40, Code of Federal Regula-
12(b)) that includes information with respect (i) in trust by the United States for the tions (or successor regulations), and the reg-
to projects described in paragraph (2)(B) to benefit of an Indian Tribe or an individual ulations of the Secretary concerned.
be funded using amounts made available in a Indian; (3) FEDERAL RESPONSIBILITY.—Any respon-
capitalization grant pursuant to subpara- (ii) by an Indian Tribe or an individual In- sibility of the Secretary concerned described
graph (A), the Administrator shall make a dian, subject to restriction against alien- in paragraph (1) that is not explicitly as-
capitalization grant to the eligible State in ation under laws of the United States; or sumed by the State or Indian Tribe in the
such amount as is necessary to fund the (iii) by a dependent Indian community. memorandum of understanding shall remain
projects described in the revised intended (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ the responsibility of the Secretary con-
use plan. means a federally recognized Indian Tribe. cerned.
(C) REQUIREMENT.—Of the funds provided (5) OPERATIONAL RIGHT-OF-WAY.—The term (c) OFFER AND NOTIFICATION.—A State or
to an eligible State in a capitalization grant ‘‘operational right-of-way’’ means all real Indian Tribe that intends to offer to enter
made pursuant to subparagraph (A), the eli- property interests (including easements) ac- into a memorandum of understanding under
gible State may use not more than 15 per- quired for the construction or operation of a this section shall provide to the Secretary
cent to provide assistance to an eligible sys- project, including the locations of the road- concerned notice of the intent of the State
tem for the purposes of purchasing and in- way, bridges, interchanges, culverts, drain- or Indian Tribe not later than 90 days before
stalling new water meters and modernizing age, clear zone, traffic control signage, land- the date on which the State or Indian Tribe
billing systems. scaping, copper and fiber optic lines, utility submits a formal written offer to the Sec-
(4) NONDUPLICATION OF WORK.—An activity shelters, poles, and broadband infrastructure retary concerned.
carried out using funds made available under as installed by broadband providers, and any (d) TRIBAL CONSULTATION.—Within 90 days
this subsection shall not duplicate or impede rest areas with direct access to a controlled of entering into any memorandum of under-
the work of any other Federal or State de- access highway or the National Highway standing with a State, the Secretary con-
partment or agency. System. cerned shall initiate consultation with rel-
(c) ECONOMIC ADJUSTMENT ASSISTANCE (6) SECRETARY CONCERNED.—The term ‘‘Sec- evant Indian Tribes.
GRANTS FOR DRINKING WATER INFRASTRUC- retary concerned’’ means— (e) MEMORANDUM OF UNDERSTANDING.—A
TURE.—Of the amounts made available under (A) the Secretary of Agriculture (acting memorandum of understanding entered into
the heading ‘‘ECONOMIC DEVELOPMENT ASSIST- through the Chief of the Forest Service), under this section shall—
ANCE PROGRAMS’’ under the heading ‘‘ECO- with respect to National Forest System land; (1) be executed by the Governor or the Gov-
NOMIC DEVELOPMENT ADMINISTRATION’’ under and ernor’s designee, or in the case of an Indian
title II of division B of the CARES Act (Pub- (B) the Secretary of the Interior, with re- Tribe, by an officer designated by the gov-
lic Law 116–136; 134 Stat. 510), or for grants spect to land managed by the Department of erning body of the Indian Tribe;
for economic development assistance under the Interior (including land held in trust for
the heading ‘‘ECONOMIC DEVELOPMENT ASSIST- (2) be for a term not to exceed 10 years;
an Indian Tribe). (3) be in such form as the Secretary con-
ANCE PROGRAMS’’ under the heading ‘‘ECO- SEC. 41303. STATE OR TRIBAL PERMITTING AU-
NOMIC DEVELOPMENT ADMINISTRATION’’ under
cerned may prescribe;
THORITY.
title I of division B of the Consolidated Ap- (4) provide that the State or Indian Tribe—
(a) IN GENERAL.—The Secretary concerned (A) agrees to assume all or part of the re-
propriations Act, 2021 (Public Law 116–260), shall establish (or in the case where both De-
that are unobligated on the date of enact- sponsibilities of the Secretary concerned de-
partment of the Interior and National Forest scribed in subsection (b)(1);
ment of this Act, the Secretary of Commerce System land would be affected, shall jointly
shall provide not less than $25,000,000 to eli- (B) expressly consents, including through
establish) a voluntary program under which
gible systems (as defined in subsection (b)(1)) the adoption of express waivers of sovereign
any State or Indian Tribe may offer, and the
to address contaminants in drinking water. immunity, on behalf of the State or Indian
Secretary concerned may agree, to enter
--- Tribe, to accept the jurisdiction of the Fed-
into a memorandum of understanding to
SA 2417. Ms. LUMMIS (for herself allow for the State or Indian Tribe to pre- eral courts for the compliance, discharge,
and Mr. HICKENLOOPER) submitted an pare environmental analyses required under and enforcement of any responsibility of the
amendment intended to be proposed to the National Environmental Policy Act of Secretary concerned assumed by the State or
amendment SA 2137 proposed by Mr. 1969 (42 U.S.C. 4321 et seq.) for the permitting Indian Tribe;
of broadband projects within an operational (C) certify that State laws and regulations,
SCHUMER (for Ms. SINEMA (for herself,
right-of-way on National Forest System with respect to States, or Tribal laws and
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- regulations, with respect to Indian Tribes,
land, land managed by the Department of
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. are in effect that—
the Interior, and Indian Lands. Under such a
TESTER, Ms. MURKOWSKI, Mr. WARNER, memorandum of understanding, an Indian (i) authorize the State or Indian Tribe to
and Mr. ROMNEY)) to the bill H.R. 3684, Tribe or State may volunteer to cooperate take the actions necessary to carry out the
to authorize funds for Federal-aid high- with the signatories to the memorandum in responsibilities being assumed; and
ways, highway safety programs, and the preparation of the analyses required (ii) are comparable to section 552 of title 5,
transit programs, and for other pur- under the National Environmental Policy United States Code, including providing that
poses; which was ordered to lie on the Act of 1969. any decision regarding the public avail-
(b) ASSUMPTION OF RESPONSIBILITIES.— ability of a document under the State laws is
table; as follows:
(1) IN GENERAL.—In entering into a memo- reviewable by a court of competent jurisdic-
At the end of division D, add the following: randum of understanding under this section, tion;
TITLE XIII—RURAL BROADBAND the Secretary concerned may assign to the (D) agrees to maintain the financial re-
PERMITTING EFFICIENCY State or Indian Tribe, and the State or In- sources necessary to carry out the respon-
SEC. 41301. SHORT TITLE. dian Tribe may agree to assume, all or part sibilities being assumed;
This title may be cited as the ‘‘Rural of the responsibilities of the Secretary con- (E) agrees to provide to the Secretary con-
Broadband Permitting Efficiency Act of cerned for environmental analyses under the cerned any information the Secretary con-
2021’’. National Environmental Policy Act of 1969 cerned considers necessary to ensure that
SEC. 41302. DEFINITIONS. (42 U.S.C. 4321 et seq.). the State or Indian Tribe is adequately car-
In this title: (2) STATE OR INDIAN TRIBE RESPONSI- rying out the responsibilities assigned to and
(1) BROADBAND PROJECT.—The term BILITY.— assumed by the State or Indian Tribe;
‘‘broadband project’’ means an installation (A) IN GENERAL.—A State or Indian Tribe (F) agrees to return revenues generated
by a broadband provider of wireless or that assumes any responsibility under para- from the use of public lands authorized under
broadband infrastructure, including but not graph (1) shall be subject to the same proce- this section to the United States annually,
limited to, copper lines, fiber optic lines, dural and substantive requirements as would in accordance with the Federal Land Policy
communications towers, buildings, or other apply if the responsibility were carried out and Management Act of 1976 (43 U.S.C. 1701 et
improvements on Federal land. by the Secretary concerned. seq.); and
(2) BROADBAND PROVIDER.—The term (B) EFFECT OF ASSUMPTION OF RESPONSI- (G) agrees to send a copy of all authorizing
‘‘broadband provider’’ means a provider of BILITY.—A State or Indian Tribe that as- documents to the United States for proper
wireless or broadband infrastructure that en- sumes any responsibility, including financial notation and recordkeeping;
ables a user to originate and receive high- responsibility, under paragraph (1) shall be (5) prioritize and expedite any analyses
dlhill on DSK120RN23PROD with SENATE
quality voice, data, graphics, and video tele- solely responsible and solely liable for car- under the National Environmental Policy
communications. rying out, in lieu of the Secretary concerned, Act of 1969 (42 U.S.C. 4321 et seq.) under the
(3) INDIAN LANDS.—The term ‘‘Indian the responsibilities assumed under that para- memorandum of understanding;
Lands’’ means— graph until the date on which the program is (6) not be granted to a State on Indian
(A) any land owned by an Indian Tribe, lo- terminated under subsection (g). Lands without the consent of the relevant
cated within the boundaries of an Indian res- (C) ENVIRONMENTAL REVIEW.—A State or Indian Tribe, which consent may be with-
ervation, pueblo, or rancheria; or Indian Tribe that assumes any responsibility drawn at any time before the work under the
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S5772 CONGRESSIONAL RECORD — SENATE August 3, 2021
memorandum of understanding is complete; (A) IN GENERAL.—Not later than 30 days posed by Mr. SCHUMER (for Ms. SINEMA
and after the date of entrance into the memo- (for herself, Mr. PORTMAN, Mr.
(7) not be granted to an Indian Tribe on randum of understanding under paragraph MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
State lands without the consent of the rel- (1), the head of each Federal agency that is
evant State.
Ms. COLLINS, Mr. TESTER, Ms. MUR-
a party to the memorandum of under-
(f) LIMITATION.—Nothing in this section standing (other than the Secretary con- KOWSKI, Mr. WARNER, and Mr. ROMNEY))
permits a State or Indian Tribe to assume— cerned) may, if the head of the Federal agen- to the bill H.R. 3684, to authorize funds
(1) any rulemaking authority of the Sec- cy determines it to be appropriate, designate for Federal-aid highways, highway
retary concerned under any Federal law; and to each State or regional office an employee safety programs, and transit programs,
(2) Federal Government responsibilities for of that Federal agency with expertise in reg- and for other purposes; which was or-
government-to-government consultation ulatory issues relating to that Federal agen- dered to lie on the table; as follows:
with Indian Tribes. cy, including, as applicable, particular exper-
(g) TERMINATION.— On page 2465, line 7, strike ‘‘$2,000,000,000’’
tise in—
(1) TERMINATION BY THE SECRETARY.—The and insert ‘‘$5,000,000,000’’.
(i) planning under the Forest and Range-
Secretary concerned may terminate the par- On page 2465, line 13, strike ‘‘$1,926,000,000’’
land Renewable Resources Planning Act of
ticipation of any State or Indian Tribe in the and insert ‘‘$4,926,000,000’’.
1974 (16 U.S.C. 1600 et seq.) and planning
program established under this section if— On page 2619, line 25, strike
under the Federal Land Policy and Manage-
(A) the Secretary concerned determines ‘‘$12,500,000,000’’ and insert ‘‘$14,000,000,000’’.
ment Act of 1976 (43 U.S.C. 1701 et seq.);
that the State or Indian Tribe is not ade- On page 2620, line 4, strike ‘‘$7,500,000,000’’
(ii) the preparation of analyses under the
quately carrying out the responsibilities as- and insert ‘‘$9,000,000,000’’.
National Environmental Policy Act of 1969 On page 2620, line 7, strike ‘‘$1,000,000,000’’
signed to and assumed by the State or Indian (42 U.S.C. 4321 et seq.); or
Tribe; and insert ‘‘$1,100,000,000’’.
(iii) consultation and the preparation of bi- On page 2620, line 9, strike ‘‘$1,000,000,000’’
(B) the Secretary concerned provides to ological opinions under section 7 of the En-
the State or Indian Tribe— and insert ‘‘$1,100,000,000’’.
dangered Species Act of 1973 (16 U.S.C. 1536). On page, line 11, strike ‘‘$1,000,000,000’’ and
(i) notification of the determination of (B) DUTIES.—Each employee designated
noncompliance; and insert ‘‘$1,100,000,000’’.
under subparagraph (A) shall— On page 2620, line 13, strike ‘‘$1,000,000,000’’
(ii) a period of at least 30 days during (i) be responsible for any issue relating to
which to take such corrective action as the and insert ‘‘$1,100,000,000’’.
any broadband project within the jurisdic- On page 2620, line 15, strike ‘‘$1,000,000,000’’
Secretary concerned determines is necessary tion of the State or regional office under the
to comply with the applicable agreement; and insert ‘‘$1,100,000,000’’.
authority of the Federal agency from which On page 2620, line 19, strike
and the employee is assigned;
(C) the State or Indian Tribe, after the no- ‘‘$1,500,000,000’’and insert ‘‘$1,700,000,000’’.
(ii) participate as part of the team of per- On page 2620, line 21, strike
tification and period provided under subpara- sonnel working on one or more proposed
graph (B), fails to take satisfactory correc- ‘‘$1,500,000,000’’and insert ‘‘$1,700,000,000’’.
broadband projects, including planning and On page 2620, line 23, strike
tive action, as determined by the Secretary environmental analyses; and
concerned. ‘‘$1,500,000,000’’and insert ‘‘$1,700,000,000’’.
(iii) serve as the designated point of con- On page 2620, line 25, strike
(2) TERMINATION BY THE STATE OR INDIAN tact with any applicable State or Indian
TRIBE.—A State or Indian Tribe may termi- ‘‘$1,500,000,000’’and insert ‘‘$1,700,000,000’’.
Tribe that assumes any responsibility under On page 2621, line 2, strike
nate the participation of the State or Indian section 41303(b)(1) relating to any issue de-
Tribe in the program established under this ‘‘$1,500,000,000’’and insert ‘‘$1,700,000,000’’.
scribed in clause (i). On page 2637, line 15, strike
section at any time by providing to the Sec-
SEC. 41305. EFFECT. ‘‘$47,272,000,000’’ and insert ‘‘$48,772,000,000’’.
retary concerned a notice of intent to termi-
(a) IN GENERAL.—Nothing in this title or a On page 2637, line 18, strike $9,454,400,000’’
nate by not later than the date that is 90
memorandum of understanding entered into and insert ‘‘$9,754,400,000’’.
days before the date of termination.
under section 41303 terminates, waives, modi- On page 2637, line 20, strike $9,454,400,000’’
(3) TERMINATION OF MEMORANDUM OF UNDER-
fies, or reduces the trust responsibility of and insert ‘‘$9,754,400,000’’.
STANDING WITH STATE OR INDIAN TRIBE.—A
the United States to Indian Tribes or indi- On page 2637, line 22, strike $9,454,400,000’’
State or an Indian Tribe may terminate a
vidual Indians. and insert ‘‘$9,754,400,000’’.
joint memorandum of understanding under
(b) REQUIREMENT.—In carrying out this On page 2637, line 24, strike $9,454,400,000’’
this section at any time by providing to the
title, the Secretary concerned shall act in and insert ‘‘$9,754,400,000’’.
Secretary concerned a notice of intent to
good faith in upholding the trust responsi-
terminate by no later than the date that is On page 2638, line 1, strike $9,454,400,000’’
bility of the United States to Indian Tribes
90 days before the date of termination. and insert ‘‘$9,754,400,000’’.
or individual Indians.
SEC. 41304. FEDERAL BROADBAND PERMIT CO- On page 2657, line 3, strike ‘‘$9,235,000,000’’
ORDINATION.
SA 2418. Mr. TUBERVILLE sub- and insert ‘‘$10,735,000,000’’.
(a) ESTABLISHMENT.—The Secretary con- Beginning on page 2672, strike line 5 and
cerned shall establish a broadband permit mitted an amendment intended to be all that follows through page 2675, line 21.
streamlining team comprised of qualified proposed to amendment SA 2137 pro-
staff under subsection (b)(4) in each State or posed by Mr. SCHUMER (for Ms. SINEMA SA 2420. Mr. TUBERVILLE sub-
regional office that has been delegated re- (for herself, Mr. PORTMAN, Mr. mitted an amendment intended to be
sponsibility for issuing permits for MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, proposed to amendment SA 2137 pro-
broadband projects. Ms. COLLINS, Mr. TESTER, Ms. MUR-
(b) MEMORANDUM OF UNDERSTANDING.— posed by Mr. SCHUMER (for Ms. SINEMA
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (for herself, Mr. PORTMAN, Mr.
(1) IN GENERAL.—Not later than 90 days
after the date of enactment of this Act, the to the bill H.R. 3684, to authorize funds MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
Secretary concerned, in consultation with for Federal-aid highways, highway Ms. COLLINS, Mr. TESTER, Ms. MUR-
the National Conference of State Historic safety programs, and transit programs, KOWSKI, Mr. WARNER, and Mr. ROMNEY))
Preservation Officers and the National Trib- and for other purposes; which was or- to the bill H.R. 3684, to authorize funds
al Historic Preservation Officers Associa- dered to lie on the table; as follows: for Federal-aid highways, highway
tion, shall enter into a memorandum of un- On page 2637, line 15, strike safety programs, and transit programs,
derstanding to carry out this section with— ‘‘$47,272,000,000’’ and insert ‘‘$55,772,000,000’’.
(A) the Secretary of Agriculture or of the and for other purposes; which was or-
On page 2637, line 18, strike ‘‘$9,454,400,000’’
Interior, as appropriate; dered to lie on the table; as follows:
and insert ‘‘$11,154,400,000’’.
(B) the Director of the Bureau of Indian Af- On page 2637, line 20, strike ‘‘$9,454,400,000’’ On page 2619, line 25, strike ‘‘12,500,000,000’’
fairs; and and insert ‘‘$11,154,400,000’’. and insert ‘‘$20,500,000,000’’.
(C) the Director of the United States Fish On page 2637, line 22, strike ‘‘$9,454,400,000’’ On page 2620, line 4, strike ‘‘$7,500,000,000’’
and Wildlife Service. and insert ‘‘$11,154,400,000’’. and insert ‘‘$15,500,000,000’’.
(2) PURPOSE.—The purpose of the memo- On page 2637, line 24, strike ‘‘$9,454,400,000’’ On page 2620, line 7, strike ‘‘$1,000,000,000’’
randum of understanding under paragraph (1) and insert ‘‘$11,154,400,000’’. and insert ‘‘$1,500,000,000’’.
is to coordinate and expedite permitting de- On page 2638, line 1, strike ‘‘$9,454,400,000’’ On page 2620, line 9, strike ‘‘$1,000,000,000’’
cisions for broadband projects. and insert ‘‘$11,154,400,000’’. and insert ‘‘$1,500,000,000’’.
(3) STATE OR TRIBAL PARTICIPATION.—The On page 2639, line 6, strike ‘‘$27,500,000,000’’ On page 2620, line 11, strike ‘‘$1,000,000,000’’
dlhill on DSK120RN23PROD with SENATE
Secretary concerned may request that the and insert ‘‘$36,000,000,000’’. and insert ‘‘$1,500,000,000’’.
Governor of any State or the officer des- On page 2681, line 5, strike ‘‘$36,000,000,000’’ On page 2620, line 13, strike ‘‘$1,000,000,000’’
ignated by the governing body of the Indian and insert ‘‘$27,500,000,000’’. and insert ‘‘$1,500,000,000’’.
Tribe with one or more broadband projects On page 2620, line 15, strike ‘‘$1,000,000,000’’
be a party to the memorandum of under- SA 2419. Mr. TUBERVILLE sub- and insert ‘‘$1,500,000,000’’.
standing under paragraph (1). mitted an amendment intended to be On page 2620, line 19, strike
(4) DESIGNATION OF QUALIFIED STAFF.— proposed to amendment SA 2137 pro- ‘‘$1,500,000,000’’and insert ‘‘$2,600,000,000’’.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5773
On page 2620, line 21, strike On page 2465, line 13, strike ‘‘$1,926,000,000’’ and for other purposes; which was or-
‘‘$1,500,000,000’’and insert ‘‘$2,600,000,000’’. and insert ‘‘$3,926,000,000’’. dered to lie on the table; as follows:
On page 2620, line 23, strike On page 2683, line 20, strike
At the appropriate place in division I, in-
‘‘$1,500,000,000’’and insert ‘‘$2,600,000,000’’. ‘‘$10,250,000,000’’ and insert ‘‘$8,250,000,000’’.
sert the following:
On page 2620, line 25, strike On page 2683, line 21, strike ‘‘$2,050,000,000’’
SEC. 9llll. REQUIREMENT FOR THE REALIZA-
‘‘$1,500,000,000’’and insert ‘‘$2,600,000,000’’. and insert ‘‘$1,650,000,000’’. TION OF REVENUE.
On page 2621, line 2, strike On page 2683, line 23, strike ‘‘$2,050,000,000’’
Notwithstanding any other provision of
‘‘$1,500,000,000’’and insert ‘‘$2,600,000,000’’. and insert ‘‘$1,650,000,000’’.
any division of this Act—
On page 2676, line 6, strike ‘‘$16,000,000,000’’ On page 2683, line 25, strike ‘‘$2,050,000,000’’
(1) the total amount made available under
and insert ‘‘$8,000,000,000’’. and insert ‘‘$1,650,000,000’’. this Act, including amendments made by a
On page 2676, line 9, strike ‘‘$3,200,000,000’’ On page 2684, line 1, strike ‘‘$2,050,000,000’’ division of this Act, may not exceed the
and insert ‘‘$1,600,000,000’’. and insert ‘‘$1,650,000,000’’. total amount of revenue collected or realized
On page 2676, line 11, strike ‘‘$3,200,000,000’’ On page 2684, line 3, strike ‘‘$2,050,000,000’’ under this division and division H (including
and insert ‘‘$1,600,000,000’’. and insert ‘‘$1,650,000,000’’. amendments made by those divisions); and
On page 2676, line 12, strike ‘‘$3,200,000,000’’ (2) the amounts made available under this
and insert ‘‘$1,600,000,000’’. SA 2423. Mr. RISCH (for himself, Mrs. Act, including amendments made by a divi-
On page 2676, line 14, strike ‘‘$3,200,000,000’’ FEINSTEIN, and Mr. KELLY) submitted sion of this Act, shall be reduced proportion-
and insert ‘‘$1,600,000,000’’. an amendment intended to be proposed ally based on the amount of revenue col-
On page 2676, line 16, strike ‘‘$3,200,000,000’’ to amendment SA 2137 proposed by Mr. lected or realized as described in paragraph
and insert ‘‘$1,600,000,000’’. (1).
SCHUMER (for Ms. SINEMA (for herself,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
SA 2421. Mr. TUBERVILLE sub- SA 2426. Mr. RUBIO (for himself and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
mitted an amendment intended to be Mr. KELLY) submitted an amendment
TESTER, Ms. MURKOWSKI, Mr. WARNER,
proposed to amendment SA 2137 pro- intended to be proposed to amendment
and Mr. ROMNEY)) to the bill H.R. 3684,
posed by Mr. SCHUMER (for Ms. SINEMA SA 2137 proposed by Mr. SCHUMER (for
to authorize funds for Federal-aid high-
(for herself, Mr. PORTMAN, Mr. Ms. SINEMA (for herself, Mr. PORTMAN,
ways, highway safety programs, and
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
transit programs, and for other pur-
Ms. COLLINS, Mr. TESTER, Ms. MUR- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
poses; which was ordered to lie on the
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) MURKOWSKI, Mr. WARNER, and Mr. ROM-
table; as follows:
to the bill H.R. 3684, to authorize funds NEY)) to the bill H.R. 3684, to authorize
for Federal-aid highways, highway On page 1848, line 7, strike ‘‘2,000’’ and in- funds for Federal-aid highways, high-
sert ‘‘5’’.
safety programs, and transit programs, way safety programs, and transit pro-
and for other purposes; which was or- SA 2424. Mr. SCOTT of Florida sub- grams, and for other purposes; which
dered to lie on the table; as follows: mitted an amendment intended to be was ordered to lie on the table; as fol-
On page 2022, line 15, strike proposed to amendment SA 2137 pro- lows:
‘‘$42,450,000,000’’ and insert ‘‘$47,450,000,000’’. On page 2010, line 6, insert ‘‘pursuant to
posed by Mr. SCHUMER (for Ms. SINEMA
On page 2025, strike lines 1 through 8 and section 516(b)(1)’’ after ‘‘assessment’’.
insert the following:
(for herself, Mr. PORTMAN, Mr.
On page 2010, line 11, insert ‘‘pursuant to
(A) except as provided in subparagraphs (B) MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, section 516(b)(1)’’ after ‘‘assessment’’.
and (C) of this paragraph, $200,000,000 shall be Ms. COLLINS, Mr. TESTER, Ms. MUR- On page 2010, line 14, insert ‘‘to the Admin-
allocated to each State; KOWSKI, Mr. WARNER, and Mr. ROMNEY)) istrator’’ after ‘‘appropriated’’.
(B) $100,000,000 shall be allocated to each of to the bill H.R. 3684, to authorize funds On page 2010, strike line 16 and insert the
the District of Columbia and the Common- for Federal-aid highways, highway following: available until expended.
wealth of Puerto Rico; and safety programs, and transit programs, ‘‘(c) FUNDING.—Each fiscal year, a State
(C) $100,000,000 shall be allocated to, and di- may reserve up to 0.5 percent of the sums al-
and for other purposes; which was or-
vided equally among, the United States Vir- lotted to the State under this title for the
gin Islands, Guam, American Samoa, and the dered to lie on the table; as follows: fiscal year to carry out activities under sec-
Commonwealth of the Northern Mariana Is- At the appropriate place, insert the fol- tion 516(b)(1)(B).’’.
lands. lowing: On page 2014, between lines 10 and 11, insert
On page 2470, line 10, strike SEC. lllll. FUNDING ALLOCATIONS. the following:
‘‘$42,450,000,000’’ and insert ‘‘$47,450,000,000’’. Notwithstanding any other provision of SEC. 502ll. REPORTS TO CONGRESS.
On page 2681, line 5, strike ‘‘$36,000,000,000’’ law— Section 516(b)(1) of the Federal Water Pol-
and insert ‘‘$31,000,000,000’’. (1) in the case of any amounts made avail- lution Control Act (33 U.S.C. 1375(b)(1)) is
On page 2681, line 7, strike ‘‘$7,200,000,000’’ able under any division of this Act, including amended by striking ‘‘(B) a detailed esti-
and insert ‘‘$6,200,000,000’’. an amendment made by any division of this mate, biennially revised, of the cost of con-
On page 2681, line 9, strike ‘‘$7,200,000,000’’ Act, that are apportioned to States by for- struction of all needed publicly owned treat-
and insert ‘‘$6,200,000,000’’. mula, the amounts shall be apportioned to ment works in all of the States and of the
On page 2681, line 11, strike ‘‘$7,200,000,000’’ States on a per capita basis using the most cost of construction of all needed publicly
and insert ‘‘$6,200,000,000’’. up to date estimates from the Bureau of the owned treatment works in each of the
On page 2681, line 12, strike ‘‘$7,200,000,000’’ Census; and States;’’ and inserting ‘‘(B) a detailed esti-
and insert ‘‘$6,200,000,000’’. (2) in the case of any amounts made avail- mate, biennially revised, of the cost of con-
On page 2681, line 14, strike ‘‘$7,200,000,000’’ able under any division of this Act, including struction of all planned publicly owned
and insert ‘‘$6,200,000,000’’. an amendment made by any division of this treatment works in all of the States and all
On page 2681, line 18, strike Act, that are made available to States and needed publicly owned treatment works in
‘‘$24,000,000,000’’ and insert ‘‘$20,666,666,667’’. other entities through discretionary grants all of the States, and the cost of construc-
and other financial assistance, in providing tion of all planned publicly owned treatment
those amounts, the applicable head of the works in each of the States and all needed
SA 2422. Mr. TUBERVILLE sub- Federal agency shall apportion those
mitted an amendment intended to be publicly owned treatment works in each of
amounts on the State per capita basis re- the States, which shall include (i) the cost of
proposed to amendment SA 2137 pro- ferred to in paragraph (1). construction to rehabilitate or upgrade all
posed by Mr. SCHUMER (for Ms. SINEMA existing publicly owned treatment works
(for herself, Mr. PORTMAN, Mr. SA 2425. Mr. SCOTT of Florida sub- (excluding any pipe or other device or sys-
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, mitted an amendment intended to be tem for the conveyance of wastewater),
Ms. COLLINS, Mr. TESTER, Ms. MUR- proposed to amendment SA 2137 pro- every 20 years, including the costs to imple-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) posed by Mr. SCHUMER (for Ms. SINEMA ment measures necessary to address the re-
to the bill H.R. 3684, to authorize funds (for herself, Mr. PORTMAN, Mr. silience and sustainability of publicly owned
dlhill on DSK120RN23PROD with SENATE
for Federal-aid highways, highway MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, treatment works to manmade or natural dis-
asters and (ii) the cost of construction to re-
safety programs, and transit programs, Ms. COLLINS, Mr. TESTER, Ms. MUR- place 10 percent of existing publicly owned
and for other purposes; which was or- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) pipes and other devices and systems for the
dered to lie on the table; as follows: to the bill H.R. 3684, to authorize funds conveyance of wastewater to such treatment
On page 2465, line 7, strike ‘‘$2,000,000,000’’ for Federal-aid highways, highway works over the 20-year period following the
and insert ‘‘$4,000,000,000’’. safety programs, and transit programs, date of the estimate;’’.
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S5774 CONGRESSIONAL RECORD — SENATE August 3, 2021
SA 2427. Mr. RUBIO submitted an Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (4) $200,000,000 for fiscal year 2025; and
amendment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (5) $ 135,000,000 for fiscal year 2026.
On page 2528, line 14, strike
amendment SA 2137 proposed by Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘$21,456,000,000’’ and insert ‘‘$22,456,000,000’’.
SCHUMER (for Ms. SINEMA (for herself, and Mr. ROMNEY)) to the bill H.R. 3684, On page 2534, line 17, insert ‘‘Provided fur-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- to authorize funds for Federal-aid high- ther, That of the amount provided under this
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ways, highway safety programs, and heading in this Act and in addition to
TESTER, Ms. MURKOWSKI, Mr. WARNER, transit programs, and for other pur- amounts otherwise made available for this
and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the purpose, $1,000,000,000 shall be to carry out
to authorize funds for Federal-aid high- table; as follows: the Milestone-Based Fusion Development
Program under section 307(i) of the Depart-
ways, highway safety programs, and At the end of the amendment, add the fol- ment of Energy Research and Innovation Act
transit programs, and for other pur- lowing: (42 U.S.C. 18645(i)):’’ after ‘‘2026:’’.
poses; which was ordered to lie on the DIVISION ll—REGULATIONS RELATING
table; as follows: TO THE TAKING OF DOUBLE-CRESTED SA 2431. Mrs. FEINSTEIN (for her-
At the appropriate place in division G, in- CORMORANTS self, Mr. BURR, and Mr. PADILLA) sub-
sert the following: SEC. ll. REGULATIONS RELATING TO THE TAK- mitted an amendment intended to be
SEC. lll. MAKING DAYLIGHT SAVING TIME ING OF DOUBLE-CRESTED COR- proposed to amendment SA 2137 pro-
PERMANENT. MORANTS.
posed by Mr. SCHUMER (for Ms. SINEMA
(a) REPEAL OF TEMPORARY PERIOD FOR DAY- (a) FORCE AND EFFECT.—
(for herself, Mr. PORTMAN, Mr.
LIGHT SAVING TIME.—Section 3 of the Uni- (1) IN GENERAL.—Subject to subsection (b),
sections 21.47 and 21.48 of title 50, Code of MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
form Time Act of 1966 (15 U.S.C. 260a) is here-
Federal Regulations (as in effect on January Ms. COLLINS, Mr. TESTER, Ms. MUR-
by repealed.
(b) ADVANCEMENT OF STANDARD TIME.— 1, 2016), shall have the force and effect of law. KOWSKI, Mr. WARNER, and Mr. ROMNEY))
(1) IN GENERAL.—The second sentence of (2) PUBLIC NOTICE.—The Secretary of the to the bill H.R. 3684, to authorize funds
subsection (a) of the first section of the Act Interior, acting through the Director of the for Federal-aid highways, highway
of March 19, 1918 (commonly known as the United States Fish and Wildlife Service (re- safety programs, and transit programs,
‘‘Calder Act’’) (15 U.S.C. 261), is amended— ferred to in this section as the ‘‘Secretary’’), and for other purposes; which was or-
(A) by striking ‘‘4 hours’’ and inserting ‘‘3 shall notify the public of the authority pro-
dered to lie on the table; as follows:
hours’’; vided by paragraph (1) in a manner deter-
mined to be appropriate by the Secretary. On page 2427, between lines 10 and 11, insert
(B) by striking ‘‘5 hours’’ and inserting ‘‘4 the following:
hours’’; (b) SUNSET.—The authority provided by
subsection (a)(1) shall terminate on the ef- SEC. 80505. EXCLUSION OF AMOUNTS RECEIVED
(C) by striking ‘‘6 hours’’ and inserting ‘‘5 FROM STATE-BASED CATASTROPHE
hours’’; fective date of a regulation promulgated by LOSS MITIGATION PROGRAMS.
(D) by striking ‘‘7 hours’’ and inserting ‘‘6 the Secretary after the date of enactment of (a) IN GENERAL.—Section 139 of the Inter-
hours’’; this Act to control depredation of double- nal Revenue Code of 1986 is amended by re-
(E) by striking ‘‘8 hours’’ and inserting ‘‘by crested cormorant populations. designating subsection (h) as subsection (i)
7 hours’’; (c) RULE OF CONSTRUCTION.—Nothing in
and by inserting after subsection (g) the fol-
(F) by striking ‘‘9 hours’’ and inserting ‘‘8 this section limits the authority of the Sec-
lowing new subsection:
hours’’; retary to promulgate regulations relating to ‘‘(h) STATE-BASED CATASTROPHE LOSS MITI-
(G) by striking ‘‘10 hours;’’ and inserting ‘‘9 the taking of double-crested cormorants GATION PROGRAMS.—
hours;’’; under any other law. ‘‘(1) IN GENERAL.—Gross income shall not
(H) by striking ‘‘11 hours’’ and inserting include any amount received by an indi-
‘‘10 hours’’; and SA 2429. Mr. SCOTT of Florida sub- vidual as a qualified catastrophe mitigation
(I) by striking ‘‘10 hours.’’ and inserting mitted an amendment intended to be payment under a program established by—
‘‘11 hours.’’. proposed to amendment SA 2137 pro- ‘‘(A) a State,
(2) STATE EXEMPTION.—The first section of posed by Mr. SCHUMER (for Ms. SINEMA ‘‘(B) a political subdivision or instrumen-
the Act of March 19, 1918 (commonly known (for herself, Mr. PORTMAN, Mr. tality thereof,
as the ‘‘Calder Act’’) (15 U.S.C. 261) is further MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ‘‘(C) a joint powers authority, or
amended by— ‘‘(D) an entity created by State law to en-
Ms. COLLINS, Mr. TESTER, Ms. MUR-
(A) redesignating subsection (b) as sub- sure the availability of an adequate market
section (c); and KOWSKI, Mr. WARNER, and Mr. ROMNEY))
of last resort for essential property insur-
(B) inserting after subsection (a) the fol- to the bill H.R. 3684, to authorize funds ance, over which a State agency or State de-
lowing: for Federal-aid highways, highway partment of insurance has regulatory over-
‘‘(b) STANDARD TIME FOR CERTAIN STATES safety programs, and transit programs, sight,
AND AREAS.—The standard time for a State and for other purposes; which was or- for the purpose of making such payments.
that has exempted itself from the provisions dered to lie on the table; as follows: ‘‘(2) QUALIFIED CATASTROPHE MITIGATION
of section 3(a) of the Uniform Time Act of PAYMENT.—For purposes of this section, the
In division I, strike sections 90001, 90004,
1966 (15 U.S.C. 260a(a)), as in effect on the day term ‘qualified catastrophe mitigation pay-
and 90006.
before the date of the enactment of the In- ment’ means any amount which is received
frastructure Investment and Jobs Act, pur- by the owner of any property to make im-
suant to such section or an area of a State
SA 2430. Mr. BOOKER submitted an
provements to such property for the sole
that has exempted such area from such pro- amendment intended to be proposed to purpose of reducing the damage that would
visions pursuant to such section shall be, as amendment SA 2137 proposed by Mr. be done to such property by a windstorm,
such State considers appropriate— SCHUMER (for Ms. SINEMA (for herself, earthquake, or wildfire.
‘‘(1) the standard time for such State or Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(3) NO INCREASE IN BASIS.—Rules similar
area, as the case may be, pursuant to sub- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to the rules of subsection (g)(3) shall apply in
section (a) of this section; or TESTER, Ms. MURKOWSKI, Mr. WARNER, the case of this subsection.’’.
‘‘(2) the standard time for such State or and Mr. ROMNEY)) to the bill H.R. 3684, (b) CONFORMING AMENDMENTS.—
area, as the case may be, pursuant to sub- (1) Section 139(d) is amended by striking
section (a) of this section as it was in effect
to authorize funds for Federal-aid high- ‘‘and qualified’’ and inserting ‘‘, qualified ca-
on the day before the date of the enactment ways, highway safety programs, and tastrophe mitigation payments, and quali-
of the Infrastructure Investment and Jobs transit programs, and for other pur- fied’’.
Act.’’. poses; which was ordered to lie on the (2) Section 139(i) (as redesignated by sub-
(3) CONFORMING AMENDMENT.—The first sec- table; as follows: section (a)) is amended by striking ‘‘or quali-
tion of the Act of March 19, 1918 (commonly On page 1873, between lines 19 and 20, insert fied’’ and inserting ‘‘, qualified catastrophe
known as the ‘‘Calder Act’’) (15 U.S.C. 261) is the following: mitigation payment, or qualified’’.
further amended, in the second sentence, by (c) EFFECTIVE DATE.—The amendments
SEC. 410ll. MILESTONE-BASED FUSION DEVEL-
striking ‘‘Except as provided in section 3(a) OPMENT PROGRAM. made by this section shall apply to taxable
of the Uniform Time Act of 1966 (15 U.S.C. years beginning after December 31, 2021.
There are authorized to be appropriated to
260a(a)), the’’ and inserting ‘‘Except as pro-
dlhill on DSK120RN23PROD with SENATE
the Secretary to carry out activities under SA 2432. Mrs. GILLIBRAND (for her-
vided in subsection (b),’’. section 307(i) of the Department of Energy
self, Mr. MARKEY, Ms. WARREN, Mr.
Research and Innovation Act (42 U.S.C.
SA 2428. Mr. COTTON submitted an 18645(i))— BLUMENTHAL, Mr. DURBIN, Mr.
amendment intended to be proposed to (1) $140,000,000 for fiscal year 2022; MERKLEY, Mr. PADILLA, Mr. CASEY, and
amendment SA 2137 proposed by Mr. (2) $200,000,000 for fiscal year 2023; Mrs. FEINSTEIN) submitted an amend-
SCHUMER (for Ms. SINEMA (for herself, (3) $325,000,000 for fiscal year 2024; ment intended to be proposed to
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5775
amendment SA 2137 proposed by Mr. EGORIES.—As soon as practicable, but not serial number of such bond, and any reason-
SCHUMER (for Ms. SINEMA (for herself, later than 4 years after the date of enact- ably available records or information—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ment of this section, the Administrator shall ‘‘(i) relating to the purchase or ownership
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
publish in the Federal Register a final rule of such bond, including any transactions in-
establishing, for each priority industry cat- volving such bond; or
TESTER, Ms. MURKOWSKI, Mr. WARNER, egory, effluent limitations guidelines and ‘‘(ii) which may provide other identifying
and Mr. ROMNEY)) to the bill H.R. 3684, standards, in accordance with the Federal information relating to such bond.
to authorize funds for Federal-aid high- Water Pollution Control Act (33 U.S.C. 1251 ‘‘(B) Any records or information provided
ways, highway safety programs, and et seq.), for the discharge (including a dis- to a State pursuant to subparagraph (A)
transit programs, and for other pur- charge into a publicly owned treatment shall be considered sufficient to enable the
poses; which was ordered to lie on the works) of each measurable perfluoroalkyl State to redeem the applicable savings bond
table; as follows: substance, polyfluoroalkyl substance, and for full value, regardless whether the bond is
class of such substances. lost, stolen, destroyed, mutilated, defaced, or
At the appropriate place in title II of divi-
sion E, insert the following: (c) NOTIFICATION.—The Administrator shall otherwise not in the State’s possession.
notify the Committee on Transportation and ‘‘(4)(A) Subject to subparagraph (C), a
SEC. 502ll. CLEAN WATER ACT EFFLUENT LIMI-
TATIONS GUIDELINES AND STAND- Infrastructure of the House of Representa- State may redeem and receive payment for
ARDS AND WATER QUALITY CRI- tives and the Committee on Environment an applicable savings bond for which the
TERIA FOR PFAS. and Public Works of the Senate of each pub- State has title pursuant to the same proce-
(a) DEFINITIONS.—In this section: lication made under this section. dures established pursuant to regulations
(1) EFFLUENT LIMITATION.—The term ‘‘efflu- (d) IMPLEMENTATION ASSISTANCE FOR PUB- which are available for payment or redemp-
ent limitation’’ has the meaning given that LICLY OWNED TREATMENT WORKS.— tion of a savings bond by any owner of such
term in section 502 of the Federal Water Pol- (1) IN GENERAL.—The Administrator shall bond.
lution Control Act (33 U.S.C. 1362). award grants to owners and operators of pub- ‘‘(B) The Secretary may not prescribe any
(2) MEASURABLE.—The term ‘‘measurable’’ licly owned treatment works, to be used to regulation which prevents or prohibits a
means, with respect to a chemical substance implement effluent limitations guidelines State from obtaining title to an applicable
or class of chemical substances, capable of and standards developed by the Adminis- savings bond or redeeming such bond pursu-
being measured using test procedures estab- trator for a perfluoroalkyl substance, ant to the procedures described in subpara-
lished under section 304(h) of the Federal polyfluoroalkyl substance, or class of such graph (A).
Water Pollution Control Act (33 U.S.C. ‘‘(C) In the case of an applicable savings
substances.
1314(h)). bond which is lost, stolen, destroyed, muti-
(2) AUTHORIZATION OF APPROPRIATIONS.—
(3) PERFLUOROALKYL SUBSTANCE.—The term lated, defaced, or otherwise not in the pos-
There is authorized to be appropriated to the
‘‘perfluoroalkyl substance’’ means a chem- session of the State, if the State has re-
Administrator to carry out this subsection
ical of which all of the carbon atoms are quested records and information under para-
$200,000,000 for each of fiscal years 2022
fully fluorinated carbon atoms. graph (3)(A), any applicable period of limita-
through 2026, to remain available until ex-
(4) POLYFLUOROALKYL SUBSTANCE.—The tion for payment or redemption of such bond
pended.
term ‘‘polyfluoroalkyl substance’’ means a shall not begin to run against the State until
(e) NO INCREASED BONDING AUTHORITY.—
chemical containing at least one fully the date on which the Secretary has provided
Amounts awarded to an owner or operator of
fluorinated carbon atom and at least one the State with the records and information
a publicly owned treatment works under this
carbon atom that is not a fully fluorinated described in such paragraph.
section may not be used as a source of pay-
carbon atom. ‘‘(5) If the United States Government
ment of, or security for (directly or indi-
(5) PRIORITY INDUSTRY CATEGORY.—The makes payment to a State for an applicable
rectly), in whole or in part, any obligation
term ‘‘priority industry category’’ means the savings bond pursuant to paragraph (4)—
the interest on which is exempt from the tax
following point source categories: ‘‘(A) that State shall attempt to locate the
imposed under chapter 1 of the Internal Rev-
(A) Organic chemicals, plastics, and syn- original owner of each such bond registered
enue Code of 1986.
thetic fibers, as identified in part 414 of title with an address in that State pursuant to
40, Code of Federal Regulations (or successor the same standards and requirements as
SA 2433. Mr. KENNEDY submitted an
regulations). exist under that State’s abandoned property
amendment intended to be proposed to rules and regulations;
(B) Pulp, paper, and paperboard, as identi-
amendment SA 2137 proposed by Mr. ‘‘(B) except as provided in subparagraph
fied in part 430 of title 40, Code of Federal
Regulations (or successor regulations). SCHUMER (for Ms. SINEMA (for herself, (C), the United States Government shall not
(C) Textile mills, as identified in part 410 Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- retain any further obligation or liability re-
of title 40, Code of Federal Regulations (or SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. lating to such bond, including any obligation
successor regulations). TESTER, Ms. MURKOWSKI, Mr. WARNER, or liability with respect to the registered
(D) Electroplating, as identified in part 413 and Mr. ROMNEY)) to the bill H.R. 3684, owner of such bond (as described in para-
of title 40, Code of Federal Regulations (or graph (6));
to authorize funds for Federal-aid high-
successor regulations). ‘‘(C) should a State that receives payment
ways, highway safety programs, and for an applicable savings bond pursuant to
(E) Metal finishing, as identified in part 433
of title 40, Code of Federal Regulations (or transit programs, and for other pur- paragraph (4) fail to make payment to a reg-
successor regulations). poses; which was ordered to lie on the istered owner of such bond (as described in
(F) Leather tanning and finishing, as iden- table; as follows: paragraph (6)(B)) after presentment of a
tified in part 425 of title 40, Code of Federal At the appropriate place in division I, in- valid claim of ownership pursuant to that
Regulations (or successor regulations). sert the following: State’s abandoned property rules and regula-
(G) Paint formulating, as identified in part SEC. lll. TRANSFER AND REDEMPTION OF tions, such owner may then seek redemption
446 of title 40, Code of Federal Regulations ABANDONED SAVINGS BONDS. of their bond through the Secretary or any
(or successor regulations). Section 3105 of title 31, United States Code, paying agent authorized by the United
(H) Electrical and electronic components, is amended by adding at the end the fol- States Government to make payments to re-
as identified in part 469 of title 40, Code of lowing: deem such bonds, and it shall be paid; and
Federal Regulations (or successor regula- ‘‘(f)(1) Notwithstanding any other Federal ‘‘(D) where the United States Government
tions). law, the ownership of an applicable savings has made payment of an applicable savings
(I) Plastics molding and forming, as identi- bond may be transferred pursuant to a valid bond under subparagraph (C), the respective
fied in part 463 of title 40, Code of Federal judgment of escheatment vesting a State State shall indemnify the United States for
Regulations (or successor regulations). with title to the bond. Nothing in this sec- payments made on such bond.
(6) TREATMENT WORKS.—The term ‘‘treat- tion, or in any regulation promulgated by ‘‘(6) For purposes of this subsection, the
ment works’’ has the meaning given that the Secretary to implement this section, term ‘applicable savings bond’ means any
term in section 212 of the Federal Water Pol- may be construed to preempt State law pro- United States savings bond that—
lution Control Act (33 U.S.C. 1292). viding for, or governing the escheatment of, ‘‘(A) matured on or before December 31,
(b) DEADLINES.— applicable savings bonds. 2017;
(1) WATER QUALITY CRITERIA.—Not later ‘‘(2) The Secretary shall recognize an order ‘‘(B) is registered to an owner with a last
than 3 years after the date of enactment of of a court of competent jurisdiction that known address within a State claiming title
this section, the Administrator shall publish vests title to an applicable savings bond with under a valid escheatment order entered
in the Federal Register human health water a State, regardless of whether the State has after December 31, 2012, and before January
dlhill on DSK120RN23PROD with SENATE
quality criteria under section 304(a)(1) of the possession of such bond if the State provides 2026; and
Federal Water Pollution Control Act (33 the Secretary with a certified copy of such ‘‘(C) has not been redeemed by such
U.S.C. 1314(a)(1)) for each measurable order. owner.’’.
perfluoroalkyl substance, polyfluoroalkyl ‘‘(3)(A) If a State has title or is seeking to
substance, and class of such substances. obtain title through a judicial proceeding to SA 2434. Mr. KENNEDY submitted an
(2) EFFLUENT LIMITATIONS GUIDELINES AND an applicable savings bond, the Secretary amendment intended to be proposed to
STANDARDS FOR PRIORITY INDUSTRY CAT- shall provide to the State, upon request, the amendment SA 2137 proposed by Mr.
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S5776 CONGRESSIONAL RECORD — SENATE August 3, 2021
SCHUMER (for Ms. SINEMA (for herself, SEC. 71203. POST-EMPLOYMENT WHISTLE- (d) RECOVERY OF COSTS.—Section 3806(g)(1)
BLOWER RETALIATION. of title 31, United States Code, is amended to
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
Section 3730(h)(1) of title 31, United States read as follows:
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Code, is amended by inserting ‘‘current or ‘‘(1)(A) Except as provided in paragraph
TESTER, Ms. MURKOWSKI, Mr. WARNER, former’’ after ‘‘Any’’. (2)—
and Mr. ROMNEY)) to the bill H.R. 3684, SEC. 71204. GAO REPORT. ‘‘(i) any amount collected under this chap-
to authorize funds for Federal-aid high- Not later than 18 months after the date of ter shall be credited first to reimburse the
ways, highway safety programs, and enactment of this Act, the Comptroller Gen- authority or other Federal entity that ex-
transit programs, and for other pur- eral of the United States shall submit a re- pended costs in support of the investigation
port to Congress on the effectiveness of the or prosecution of the action, including any
poses; which was ordered to lie on the
False Claims Act (31 U.S.C. 3729 et seq.) dur- court or hearing costs; and
table; as follows: ing the time period beginning on the date of ‘‘(ii) amounts reimbursed under clause (i)
On page 507, lines 4 and 5, strike ‘‘and the enactment of the False Claims Amendments shall—
Federal System Funding Alternative Advi- Act of 1986 (Public Law 99–562; 100 Stat. 3153) ‘‘(I) be deposited in—
sory Board established under section and ending on the date of enactment of this ‘‘(aa) the appropriations account of the au-
13002(g)(1)’’. Act, which shall include— thority or other Federal entity from which
On page 507, lines 11 and 12, strike ‘‘and the (1) a description of the benefits and chal- the costs described in subparagraph (A) were
national pilot program under section 13002’’. lenges of enforcement efforts under the False obligated;
On page 508, lines 1 and 2, strike ‘‘to the Claims Act (31 U.S.C. 3729 et seq.); and ‘‘(bb) a similar appropriations account of
national pilot program under section 13002 (2) information on the amounts recovered the authority or other Federal entity; or
or’’. by the Government under the False Claims ‘‘(cc) if the authority or other Federal en-
Strike section 13002. Act since the date of enactment of the False tity expended nonappropriated funds, an-
---
Claims Amendments Act of 1986 (Public Law other appropriate account; and
99–562; 100 Stat. 3153). ‘‘(II) remain available until expended.
SA 2435. Mr. GRASSLEY (for himself SEC. 71205. APPLICABILITY. ‘‘(B) Any amount remaining after reim-
and Mr. LEAHY) submitted an amend- The amendments made by sections 71201, bursements described in subparagraph (A)
ment intended to be proposed to 71202, and 71203 of this Act shall apply to any shall be deposited as miscellaneous receipts
amendment SA 2137 proposed by Mr. case under the False Claims Act (31 U.S.C. in the Treasury of the United States.’’.
SCHUMER (for Ms. SINEMA (for herself, 3729 et seq.) that is— (e) SEMIANNUAL REPORTING.—Section 5(b)
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (1) filed on or after the date of enactment of the Inspector General Act of 1978 (5 U.S.C.
of this Act; or App.) is amended—
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(2) pending on the date of enactment of (1) in paragraph (4), by striking ‘‘and’’ at
TESTER, Ms. MURKOWSKI, Mr. WARNER, this Act. the end;
and Mr. ROMNEY)) to the bill H.R. 3684, Subtitle B—Administrative False Claims (2) by redesignating paragraph (5) as para-
to authorize funds for Federal-aid high- SEC. 71211. ADMINISTRATIVE FALSE CLAIMS.
graph (6); and
ways, highway safety programs, and (3) by inserting after paragraph (4) the fol-
(a) CHANGE IN SHORT TITLE.—
transit programs, and for other pur- lowing:
(1) IN GENERAL.—Subtitle B of title VI of
poses; which was ordered to lie on the ‘‘(5) information relating to cases under
the Omnibus Budget Reconciliation Act of
chapter 38 of title 31, United States, includ-
table; as follows: 1986 (Public Law 99–509; 100 Stat. 1934) is
ing—
At the end of division G, insert the fol- amended—
‘‘(A) the number of reports submitted by
lowing: (A) in the subtitle heading, by striking
investigating officials to reviewing officials
‘‘Program Fraud Civil Remedies’’ and insert-
TITLE XII—ANTI-FRAUD AMENDMENTS under section 3803(a)(1) of title 31, United
ing ‘‘Administrative False Claims’’; and
ACT States Code;
(B) in section 6101 (31 U.S.C. 3801 note), by
‘‘(B) actions taken in response to reports
SEC. 71201. SHORT TITLE. striking ‘‘Program Fraud Civil Remedies Act
described in subparagraph (A), which shall
This title may be cited as the ‘‘Anti-Fraud of 1986’’ and inserting ‘‘Administrative False
include statistical tables showing—
Amendments Act’’. Claims Act’’.
‘‘(i) pending cases;
(2) REFERENCES.—Any reference to the Pro-
Subtitle A—False Claims Procedures ‘‘(ii) resolved cases;
gram Fraud Civil Remedies Act of 1986 in
‘‘(iii) the average length of time to resolve
SEC. 71201. FALSE CLAIMS PROCEDURE. any provision of law, regulation, map, docu-
each case;
(a) PROVING MATERIALITY.—Section 3729 of ment, record, or other paper of the United
‘‘(iv) the number of final agency decisions
title 31, United States Code, is amended by States shall be deemed a reference to the Ad-
that were appealed to a district court of the
adding at the end the following: ministrative False Claims Act.
United States or a higher court; and
‘‘(e) PROVING MATERIALITY.— (b) REVERSE FALSE CLAIMS.—Chapter 38 of
title 31, United States Code, is amended— ‘‘(v) if the total number of cases in a report
‘‘(1) IN GENERAL.—In an action under this is greater than 2—
section, the Government or relator may es- (1) in section 3801(a)(3), by amending sub-
‘‘(I) the number of cases that were settled;
tablish materiality by a preponderance of paragraph (C) to read as follows:
and
the evidence. ‘‘(C) made to an authority which has the
‘‘(II) the total penalty or assessment
‘‘(2) REBUTTAL.—A defendant may rebut effect of concealing or improperly avoiding
amount recovered in each case, including
evidence of materiality under paragraph (1) or decreasing an obligation to pay or trans-
through a settlement or compromise; and
only by clear and convincing evidence that mit property, services, or money to the au-
‘‘(C) instances in which the reviewing offi-
the Government regards the matter as im- thority.’’; and
cial declined to proceed on a case reported
material.’’. (2) in section 3802(a)(3)—
by an investigating official; and’’.
(A) by striking ‘‘An assessment’’ and in- (f) INCREASING EFFICIENCY OF DOJ PROC-
(b) COSTS.—Section 3731 of title 31, United
serting ‘‘(A) Except as provided in subpara- ESSING.—Title 31, United States Code, is
States Code, is amended by adding at the end
graph (B), an assessment’’; and amended—
the following:
(B) by adding at the end the following: (1) in section 3803(j)—
‘‘(f) If the Government elects not to inter- ‘‘(B) In the case of a claim described in sec-
vene in an action brought under section (A) by inserting ‘‘(1)’’ before ‘‘The review-
tion 3801(a)(3)(C), an assessment shall not be ing’’; and
3730(b), the court shall, upon a motion by the made under the second sentence of paragraph
Government, order the requesting party to (B) by adding at the end the following:
(1) in an amount that is more than double ‘‘(2) A reviewing official shall notify the
pay the Government’s expenses, including the value of the property, services, or money
costs and attorneys’ fees, for responding to Attorney General in writing not later than
that was wrongfully withheld from the au- 30 days before entering into any agreement
the party’s discovery requests, unless the thority.’’. to compromise or settle allegations of liabil-
party can demonstrate that the information (c) INCREASING DOLLAR AMOUNT OF ity under section 3802 of this title and before
sought is relevant and proportionate to the CLAIMS.—Section 3803(c) of title 31, United the date on which the reviewing official is
needs of the case.’’. States Code, is amended— permitted to refer allegations of liability to
SEC. 71202. RIGHTS OF THE PARTIES TO QUI TAM (1) in paragraph (1) by striking ‘‘$150,000’’ a presiding officer under subsection (b).’’;
ACTIONS. each place that term appears and inserting and
Section 3730(c)(2)(A) of title 31, United ‘‘$1,000,000’’; and (2) in section 3812—
States Code, is amended by inserting before (2) by adding at the end the following: (A) in the section heading, by striking
dlhill on DSK120RN23PROD with SENATE
the period at the end the following: ‘‘, at ‘‘(3) ADJUSTMENT FOR INFLATION.—The ‘‘Prohibition against delegation’’ and insert-
which the Government shall have the burden maximum amount in paragraph (1) shall be ing ‘‘Delegation authority’’; and
of demonstrating reasons for dismissal, and adjusted for inflation in the same manner (B) by striking ‘‘, shall not be delegated to,
the qui tam plaintiff shall have the oppor- and to the same extent as civil monetary or carried out by,’’ and inserting ‘‘may be
tunity to show that the reasons are fraudu- penalties under the Federal Civil Penalties delegated to’’.
lent, arbitrary and capricious, or contrary to Inflation Adjustment Act (28 U.S.C. 2461 (g) REVISION OF DEFINITION OF HEARING OF-
law’’. note).’’. FICIALS.—
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5777
(1) IN GENERAL.—Chapter 38 of title 31, necessary to implement the amendments employing the employee standby pay or any
United States Code, is amended— made by this subsection. other form of payment or compensation from
(A) in section 3801(a)(7)— (h) REVISION OF LIMITATIONS.—Section 3808 Department provided funds.
(i) in subparagraph (A), by striking ‘‘or’’ at of title 31, United States Code, is amended by (b) REPORTS.—
the end; striking subsection (a) and inserting the fol- (1) ANNUAL REPORT TO THE SECRETARY.—
(ii) in subparagraph (B)(vii), by adding lowing: Not later than 60 days after the last day of
‘‘or’’ at the end; and ‘‘(a) A notice to the person alleged to be each fiscal year, each individual or entity
(iii) by adding at the end the following: liable with respect to a claim or statement that receives Department provided funds
‘‘(C) a member of the board of contract ap- shall be mailed or delivered in accordance under this Act or any other law during that
with section 3803(d)(1) of this title not later fiscal year shall submit to the Secretary a
peals pursuant to section 7105 of title 41, if
than the later of— report describing all reportable nonworking
the authority does not employ an available
‘‘(1) 6 years after the date on which the vio- time of the employees of the individual or
presiding officer under subparagraph (A);’’;
lation of section 3802 of this title is com- entity during that fiscal year, including,
and
mitted; or with respect to each project associated with
(B) in section 3803(d)(2)—
‘‘(2) 3 years after the date on which facts that reportable nonworking time—
(i) in subparagraph (A), by striking ‘‘and’’
material to the action are known or reason- (A) the name and location of the project;
at the end;
ably should have been known by the author- (B) the number of employees compensated
(ii) in subparagraph (B)— ity head, but in no event more than 10 years
(I) by striking ‘‘the presiding’’ and insert- for reportable nonworking time;
after the date on which the violation is com- (C) the reason why each such employee was
ing ‘‘(i) in the case of a referral to a pre- mitted.’’.
siding officer described in subparagraph (A) not working;
(i) DEFINITIONS.—Section 3801 of title 31, (D) the quantity of reportable nonworking
or (B) of section 3801(a)(7), the presiding’’; United States Code, is amended—
(II) in clause (i), as so designated, by add- time for which each such employee was com-
(1) in subsection (a)— pensated; and
ing ‘‘or’’ at the end; and (A) in paragraph (8), by striking ‘‘and’’ at
(III) by adding at the end the following: (E) the amount of Department provided
the end; funds expended to compensate each such em-
‘‘(ii) in the case of a referral to a presiding (B) in paragraph (9), by striking the period
officer described in subparagraph (C) of sec- ployee for reportable nonworking time.
at the end and inserting a semicolon; and (2) ANNUAL REPORT TO CONGRESS.—Not later
tion 3801(a)(7)— (C) by adding at the end the following:
‘‘(I) the reviewing official shall submit a than 90 days after the last day of each fiscal
‘‘(10) ‘material’ has the meaning given the year, the Secretary shall submit to Congress
copy of the notice required by under para- term in section 3729(b) of this title; and
graph (1) and of the response of the person a report describing—
‘‘(11) ‘obligation’ has the meaning given (A) the information submitted to the Sec-
receiving such notice requesting a hearing— the term in section 3729(b) of this title.’’; and
‘‘(aa) to the board of contract appeals that retary under paragraph (1); and
(2) by adding at the end the following: (B) all reportable nonworking time of the
has jurisdiction over matters arising from ‘‘(d) For purposes of subsection (a)(10), ma-
the agency of the reviewing official pursuant employees of the Department during that fis-
teriality shall be determined in the same
to section 7105(e)(1) of title 41; or cal year, including information pertaining
manner as under section 3729 of this title.’’.
‘‘(bb) if the Chair of the board of contract (j) PROMULGATION OF REGULATIONS.—Not to—
appeals declines to accept the referral, to later than 180 days after the date of enact- (i) each of the matters described in sub-
any other board of contract appeals; and ment of this Act, each authority head, as de- paragraphs (B) through (E) of paragraph (1);
‘‘(II) the reviewing official shall simulta- fined in section 3801 of title 31, United States and
neously mail, by registered or certified mail, Code, shall— (ii) if the reportable nonworking time is
or shall deliver, notice to the person alleged (1) promulgate regulations and procedures associated with a project, the name and loca-
to be liable under section 3802 that the refer- to carry out this subtitle and the amend- tion of the project.
ments made by this subtitle; and (c) GUIDANCE.—Not later than 120 days
ral has been made to an agency board of con-
(2) review and update existing regulations after the date of enactment of this Act, the
tract appeals with an explanation as to
and procedures of the authority to ensure Secretary, in consultation with the Director
where the person may obtain the relevant
compliance with this subtitle and the of the Office of Management and Budget,
rules of procedure promulgated by the
amendments made by this subtitle. shall issue guidance to assist individuals and
board.’’; and
entities in determining whether an em-
(iii) by adding at the end the following:
SA 2436. Ms. ERNST submitted an ployee—
‘‘(C) in the case of a hearing conducted by
amendment intended to be proposed to (1) is not working for purposes of sub-
a presiding officer described in subparagraph
section (a)(3)(A); and
(C) of section 3801(a)(7)— amendment SA 2137 proposed by Mr.
(2) has received payment or compensation
‘‘(i) the presiding officer shall conduct the SCHUMER (for Ms. SINEMA (for herself, from Department provided funds for purposes
hearing according to the rules and proce- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- of subsection (a)(3)(B).
dures promulgated by the board of contract SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
appeals; and TESTER, Ms. MURKOWSKI, Mr. WARNER, SA 2437. Mr. COTTON submitted an
‘‘(ii) the hearing shall not be subject to the
and Mr. ROMNEY)) to the bill H.R. 3684, amendment intended to be proposed to
provisions in subsection (g)(2), (h), or (i).’’.
(2) AGENCY BOARDS.—Section 7105(e) of title
to authorize funds for Federal-aid high- amendment SA 2137 proposed by Mr.
41, United States Code, is amended— ways, highway safety programs, and SCHUMER (for Ms. SINEMA (for herself,
(A) in paragraph (1), by adding at the end transit programs, and for other pur- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
the following: poses; which was ordered to lie on the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(E) ADMINISTRATIVE FALSE CLAIMS ACT.— table; as follows: TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘(i) IN GENERAL.—The boards described in At the end of title VII of division B, add and Mr. ROMNEY)) to the bill H.R. 3684,
subparagraphs (B), (C), and (D) shall have ju- the following: to authorize funds for Federal-aid high-
risdiction to hear any case referred to a SEC. 27005. REPORT ON CERTAIN USES OF FED- ways, highway safety programs, and
board of contract appeals under section ERAL FUNDS.
3803(d) of title 31. (a) DEFINITIONS.—In this section: transit programs, and for other pur-
‘‘(ii) DECLINING REFERRAL.—If the Chair of (1) DEPARTMENT PROVIDED FUNDS.—The poses; which was ordered to lie on the
a board described in subparagraph (B), (C), or term ‘‘Department provided funds’’ means— table; as follows:
(D) determines that accepting a case under (A) amounts provided by the Department Beginning on page 2092, strike line 18 and
clause (i) would prevent adequate consider- as financial assistance or pursuant to a fi- all that follows through page 2093, line 10,
ation of other cases being handled by the nancial assistance agreement; and and insert the following:
board, the Chair may decline to accept the (B) amounts provided by the Department (8) COVERED POPULATIONS.—The term ‘‘cov-
referral.’’; and to any employee of the Department, includ- ered populations’’—
(B) in paragraph (2), by inserting ‘‘or, in ing wages, benefits, and any other compensa- (A) means—
the event that a case is filed under chapter tion. (i) individuals who live in covered house-
38 of title 31, any relief that would be avail- (2) FINANCIAL ASSISTANCE.—The term ‘‘fi- holds;
able to a litigant under that chapter’’ before nancial assistance’’ includes grants, sub- (ii) aging individuals;
the period at the end. grants, contracts, cooperative agreements, (iii) incarcerated individuals, other than
(3) REGULATIONS.—Not later than 180 days and any other form of financial assistance. individuals who are incarcerated in a Fed-
dlhill on DSK120RN23PROD with SENATE
after the date of enactment of this Act, each (3) REPORTABLE NONWORKING TIME.—The eral correctional facility;
authority head, as defined in section 3801 of term ‘‘reportable nonworking time’’ means (iv) veterans;
title 31, United States Code, and each board any time— (v) individuals with disabilities;
of contract appeals of a board described in (A) during which an employee is not work- (vi) individuals with a language barrier, in-
subparagraphs (B), (C), and (D) of section ing; and cluding individuals who—
7105(e) of title 41, United States Code, shall (B) for which the employee receives from (I) are English learners; and
amend procedures regarding proceedings as the Department or an individual or entity (II) have low levels of literacy;
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S5778 CONGRESSIONAL RECORD — SENATE August 3, 2021
(vii) individuals who are members of a ra- (iii) make resources available to provide At the appropriate place in title III of divi-
cial or ethnic minority group; and training to displaced and unemployed energy sion B, insert the following:
(viii) individuals who primarily reside in a sector workers to reenter the energy work- SEC. 23lll. EXEMPTIONS FOR COVERED FARM
rural area; and force; and VEHICLES.
(B) does not include aliens who are not In section 40211, strike subsection (e) and Section 32934 of MAP–21 (49 U.S.C. 31136
lawfully present in the United States. insert the following: note; Public Law 112–141) is amended—
(e) OUTREACH TO VETERANS AND DISPLACED (1) in subsection (a), by adding at the end
SA 2438. Mrs. BLACKBURN sub- AND UNEMPLOYED ENERGY WORKERS.—In de- the following:
mitted an amendment intended to be veloping the strategy under subsection (a), ‘‘(6) Any requirement relating to registra-
the Board shall— tion under section 31134 of title 49, United
proposed to amendment SA 2137 pro-
(1) give special consideration to increasing States Code, including any requirement re-
posed by Mr. SCHUMER (for Ms. SINEMA outreach to institutions of higher education,
(for herself, Mr. PORTMAN, Mr. lating to a USDOT number under that sec-
veterans, and displaced and unemployed en- tion.
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, ergy workers; ‘‘(7) Any requirement relating to registra-
Ms. COLLINS, Mr. TESTER, Ms. MUR- (2) make resources available to— tion under the unified carrier registration
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (A) institutions that serve veterans, with agreement (as defined in section 14504a(a) of
to the bill H.R. 3684, to authorize funds the objective of increasing the number vet- title 49, United States Code).’’;
for Federal-aid highways, highway erans in the energy industry by ensuring (2) in subsection (b)—
that veterans have the credentials and train- (A) in paragraph (1), by redesignating sub-
safety programs, and transit programs,
ing necessary to secure careers in the energy paragraphs (A) and (B) as clauses (i) and (ii),
and for other purposes; which was or- industry; and
dered to lie on the table; as follows: respectively, and indenting appropriately;
(B) institutions that serve displaced and (B) in paragraph (2), by striking ‘‘Para-
On page 1475, between lines 22 and 23, insert unemployed energy workers to increase the graph (1)’’ and inserting ‘‘Subparagraph (A)’’;
the following: number of individuals trained for jobs in the (C) by redesignating paragraphs (1) and (2)
(D) conducting activities to demonstrate energy industry; as subparagraphs (A) and (B), respectively,
and scale up existing technologies and meth- (3) encourage the energy industry to im- and indenting appropriately;
ods for recycling critical minerals at com- prove the opportunities for students of high- (D) by inserting before subparagraph (A)
mercial scale, including materials used in er education institutions, veterans, and dis- (as so designated) the following:
computer hard drives; placed and unemployed energy workers to ‘‘(1) FEDERAL TRANSPORTATION FUNDING.—’’;
On page 1475, line 23, strike ‘‘(D)’’ and in- participate in internships, and
sert ‘‘(E)’’. preapprenticeships, apprenticeships, and co- (E) by adding at the end the following:
On page 1476, line 3, strike ‘‘(E)’’ and insert operative work-study programs in the energy ‘‘(2) IFTA REQUIREMENTS.—A covered farm
‘‘(F)’’. industry; and vehicle and the individual operating that
On page 1476, line 7, strike ‘‘(F)’’ and insert (4) work with the National Laboratories to covered farm vehicle shall be exempt from
‘‘(G)’’. increase the participation of students, vet- any requirement relating to a license under
On page 1476, line 11, strike ‘‘(G)’’ and in- erans, and displaced and unemployed energy the International Fuel Tax Agreement (as
sert ‘‘(H)’’. workers in internships, fellowships, training defined in section 31701 of title 49, United
On page 1476, line 14, strike ‘‘(H)’’ and in- programs, and employment at the National States Code).’’; and
sert ‘‘(I)’’. Laboratories. (3) in subsection (c)(1)(B), by striking
‘‘26,001’’ each place it appears and inserting
SA 2439. Mr. LEE submitted an SA 2440. Mr. LEE submitted an ‘‘36,001’’.
amendment intended to be proposed to amendment intended to be proposed to
amendment SA 2137 proposed by Mr. amendment SA 2137 proposed by Mr. SA 2443. Mr. CARDIN (for himself,
SCHUMER (for Ms. SINEMA (for herself, SCHUMER (for Ms. SINEMA (for herself, Ms. MURKOWSKI, Mr. SULLIVAN, and Ms.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- HIRONO) submitted an amendment in-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. tended to be proposed to amendment
TESTER, Ms. MURKOWSKI, Mr. WARNER, TESTER, Ms. MURKOWSKI, Mr. WARNER, SA 2137 proposed by Mr. SCHUMER (for
and Mr. ROMNEY)) to the bill H.R. 3684, and Mr. ROMNEY)) to the bill H.R. 3684, Ms. SINEMA (for herself, Mr. PORTMAN,
to authorize funds for Federal-aid high- to authorize funds for Federal-aid high- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
ways, highway safety programs, and ways, highway safety programs, and HEEN, Ms. COLLINS, Mr. TESTER, Ms.
transit programs, and for other pur- transit programs, and for other pur- MURKOWSKI, Mr. WARNER, and Mr. ROM-
poses; which was ordered to lie on the poses; which was ordered to lie on the NEY)) to the bill H.R. 3684, to authorize
table; as follows: table; as follows: funds for Federal-aid highways, high-
In section 40211(a) of division D, strike Strike title II of division H. way safety programs, and transit pro-
paragraphs (3) through (6) and insert the fol- grams, and for other purposes; which
lowing: SA 2441. Mr. LEE submitted an was ordered to lie on the table; as fol-
(3) identifies areas in which the Depart- amendment intended to be proposed to lows:
ment can effectively utilize the technical ex- amendment SA 2137 proposed by Mr.
pertise of the Department to support the At the appropriate place in division I, in-
SCHUMER (for Ms. SINEMA (for herself, sert the following:
workforce activities of other Federal agen- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
cies; and SEC. 90lll. SMALL BUSINESS CONTRACTING.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(4) develops plans to support and retrain (a) DEFINITIONS.—In this section—
displaced and unemployed energy sector TESTER, Ms. MURKOWSKI, Mr. WARNER, (1) the terms ‘‘Administration’’ and ‘‘Ad-
workers. and Mr. ROMNEY)) to the bill H.R. 3684, ministrator’’ mean the Small Business Ad-
In section 40211(b) of division D, strike to authorize funds for Federal-aid high- ministration and the Administrator thereof,
paragraph (2) and insert the following: ways, highway safety programs, and respectively;
(2) REQUIREMENT.—The Board shall include transit programs, and for other pur- (2) the term ‘‘covered procurement’’ means
not more than 2 representatives of a labor poses; which was ordered to lie on the a procurement that the Administrator deter-
organization with significant energy experi- mines—
table; as follows:
ence, each of whom shall be nominated by a (A) is in a quantity or of an estimated dol-
national labor federation. Strike section 90005. lar value which makes the participation of a
In section 40211(b)(3) of division D, strike small business concern as a prime contractor
SA 2442. Mr. MARSHALL submitted
subparagraphs (D) through (F) and insert the unlikely;
following: an amendment intended to be proposed (B) in the case of a procurement for con-
(D) energy workforce development or ap- to amendment SA 2137 proposed by Mr. struction, seeks to bundle or consolidate dis-
prenticeship programs of States or units of SCHUMER (for Ms. SINEMA (for herself, crete construction projects; or
local government; or Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (C) is a solicitation that consolidates pro-
(E) relevant organized labor organizations. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. curement requirements for goods or services,
In section 40211(c)(1), strike subparagraph TESTER, Ms. MURKOWSKI, Mr. WARNER, 1 or more of which were previously provided
dlhill on DSK120RN23PROD with SENATE
(C) and insert the following: and Mr. ROMNEY)) to the bill H.R. 3684, or performed by a small business concern for
(C) identify ways in which the Department any Federal agency, into a solicitation of of-
to authorize funds for Federal-aid high-
and National Laboratories can— fers for a single contract, agreement, or
(i) increase outreach to institutions of ways, highway safety programs, and order that is likely to be unsuitable for
higher education; transit programs, and for other pur- award to a small business concern; and
(ii) increase outreach to displaced and un- poses; which was ordered to lie on the (3) the terms ‘‘Federal agency’’ and ‘‘small
employed energy sector workers; and table; as follows: business concern’’ have the meanings given
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5779
those terms in section 3 of the Small Busi- less such head issues a determination that ‘‘(B) the contracting officer does not have
ness Act (15 U.S.C. 632); and the benefit of the proposed covered procure- a reasonable expectation that 2 or more
(4) the term ‘‘procurement center rep- ment as compared to the alternative pro- small business concerns owned and con-
resentative’’ means— curement method exceeds the harm to small trolled by women described in paragraph
(A) a procurement center representative as business concerns. (2)(A) will submit offers for the contracting
described in section 15(l) of the Small Busi- (B) NONDELEGABLE.—The duties and au- opportunity;
ness Act (15 U.S.C. 644(l)); or thorities of the head of a Federal agency ‘‘(C) the anticipated award price of the
(B) if a procurement center representative under subparagraph (A) may not be dele- contract (including options and options peri-
described in subparagraph (A) is not assigned gated. ods) will not exceed—
to the procuring activity, the Office of Gov- (d) CONTRACT CAP AMOUNTS AND SOLE ‘‘(i) $10,000,000, in the case of a contract op-
ernment Contracting of the Administration SOURCE AWARD AUTHORITY.— portunity assigned a North American Indus-
serving the area of the procuring activity. (1) QUALIFIED HUBZONE SMALL BUSINESS try Classification System code for manufac-
(b) EXPANDING SURETY BOND PROGRAM.— CONCERNS.—Section 31(c)(2)(A) of the Small turing; or
Section 411(a)(1) of the Small Business In- Business Act (15 U.S.C. 657a(c)(2)(A)) is ‘‘(ii) $8,000,000, in the case of all other con-
vestment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended to read as follows: tract opportunities; and
amended— ‘‘(A) SOLE SOURCE CONTRACTS.—A con- ‘‘(D) in the estimation of the contracting
(1) in subparagraph (A), by striking tracting officer may award a sole source con- officer, the contract award can be made at a
‘‘$6,500,000’’ and inserting ‘‘$10,000,000’’; and tract under this section to any qualified fair and reasonable price.’’; and
(2) by amending subparagraph (B) to read HUBZone small business concern if— (B) by amending paragraph (8) to read as
as follows: ‘‘(i) the qualified HUBZone small business follows:
‘‘(B) The Administrator may guarantee a concern is determined to be a responsible ‘‘(8) AUTHORITY FOR SOLE SOURCE CON-
surety under subparagraph (A) for a total contractor with respect to performance of TRACTS FOR SMALL BUSINESS CONCERNS OWNED
work order or contract entered into by a the contract opportunity; AND CONTROLLED BY WOMEN IN SUBSTANTIALLY
Federal agency in an amount that does not ‘‘(ii) the contracting officer does not have UNDERREPRESENTED INDUSTRIES.—A con-
exceed $20,000,000.’’. a reasonable expectation that 2 or more tracting officer may award a sole source con-
(c) LARGE AND SMALL PRIME CONTRACT OP- qualified HUBZone small business concerns tract under this subsection to any small
PORTUNITIES.— will submit offers for the contracting oppor- business concern owned and controlled by
(1) NOTICE TO PROCUREMENT CENTER REP- tunity; women certified under paragraph (2)(E) that
RESENTATIVES.—Not later than 30 days before ‘‘(iii) the anticipated award price of the is in an industry in which small business
issuing a solicitation for a proposed covered contract (including options and options peri- concerns owned and controlled by women are
procurement, and concurrent with other ods) will not exceed— substantially underrepresented (as deter-
processing steps required before issuing the ‘‘(I) $10,000,000 in the case of a contract op- mined by the Administrator under paragraph
solicitation, a Federal agency shall provide portunity assigned a North American Indus- (3)) if—
to the procurement center representative of try Classification System code for manufac- ‘‘(A) the concern is determined to be a re-
the Federal agency the following: turing; or sponsible contractor with respect to per-
(A) A copy of the proposed covered pro- ‘‘(II) $8,000,000 in the case of any other con- formance of the contract opportunity;
curement. tract opportunity; and ‘‘(B) the contracting officer does not have
(B) A statement explaining, as applicable ‘‘(iv) in the estimation of the contracting a reasonable expectation that 2 or more
to the proposed covered procurement: officer, the contract award can be made at a small business concerns owned and con-
(i) Why the proposed covered procurement fair and reasonable price.’’. trolled by women that are certified under
cannot be divided into smaller quantities, (2) SMALL BUSINESS CONCERN OWNED AND paragraph (2)(E) and are in an industry that
lots, or tasks to permit offers on less than CONTROLLED BY SERVICE-DISABLED VET- has received a waiver under paragraph (3)
the total requirement. ERANS.—Section 36(c) of the Small Business will submit offers for the contract oppor-
(ii) Why delivery schedules cannot be es- Act (15 U.S.C. 657f(c)) is amended to read as tunity;
tablished on a realistic basis that will en- follows: ‘‘(C) the anticipated award price of the
courage the participation of small business ‘‘(c) SOLE SOURCE CONTRACTS.—A con- contract (including options and options peri-
concerns in a manner consistent with the ac- tracting officer may award a sole source con- ods) will not exceed—
tual requirements of the Federal agency. tract under this section to any small busi- ‘‘(i) $10,000,000, in the case of a contract op-
(iii) Why the proposed covered procure- ness concern owned and controlled by serv- portunity assigned a North American Indus-
ment cannot be offered to increase the likeli- ice-disabled veterans if— try Classification System code for manufac-
hood of the participation of small business ‘‘(1) the concern is determined to be a re- turing; or
concerns. sponsible contractor with respect to per- ‘‘(ii) $8,000,000, in the case of any other con-
(iv) In the case of a proposed covered pro- formance of the contract opportunity; tract opportunity; and
curement for construction, why the proposed ‘‘(2) the contracting officer does not have a ‘‘(D) in the estimation of the contracting
covered procurement cannot be offered as reasonable expectation that 2 or more small officer, the contract award can be made at a
separate, discrete projects. business concerns owned and controlled by fair and reasonable price.’’.
(v) Why the Federal agency has determined service-disabled veterans will submit offers (4) 8(a) CONTRACTS.—Section 8(a)(1)(D)(i) of
that consolidating contract requirements is for the contracting opportunity; the Small Business Act (15 U.S.C.
necessary and justified. ‘‘(3) the anticipated award price of the con- 637(a)(1)(D)(i)) is amended by striking sub-
(2) ALTERNATIVES TO INCREASE PRIME CON- tract (including options and options periods) clause (II) and inserting the following:
TRACTING OPPORTUNITIES FOR SMALL BUSINESS will not exceed— ‘‘(II) the anticipated award price of the
CONCERNS.—Not later than 15 days after the ‘‘(A) $10,000,000, in the case of a contract contract (including options and options peri-
date on which a procurement center rep- opportunity assigned a North American In- ods) will exceed—
resentative receives a statement described in dustry Classification System code for manu- ‘‘(aa) $10,000,000 in the case of a contract
paragraph (1)(B) with respect to a proposed facturing; or opportunity assigned a North American In-
covered procurement, and if the procurement ‘‘(B) $8,000,000, in the case of any other con- dustry Classification System code for manu-
center representative determines that the tract opportunity; and facturing; or
proposed covered procurement will make the ‘‘(4) in the estimation of the contracting ‘‘(bb) $8,000,000 in the case of any other
participation of small business concerns as officer, the contract award can be made at a contract opportunity.’’.
prime contractors unlikely, the procurement fair and reasonable price.’’. (e) GOVERNMENTWIDE CONTRACTING
center representative shall recommend to (3) CERTAIN SMALL BUSINESS CONCERNS GOALS.—Section 15(g)(1)(A) of the Small
the Federal agency 1 or more alternative OWNED AND CONTROLLED BY WOMEN.—Section Business Act (15 U.S.C. 644(g)(1)(A)) is
procurement methods for increasing prime 8(m) of the Small Business Act (15 U.S.C. amended—
contracting opportunities for small business 637(m)) is amended— (1) in clause (i), by striking ‘‘23 percent’’
concerns. (A) by amending paragraph (7) to read as and inserting ‘‘25 percent’’;
(3) FAILURE TO AGREE ON AN ALTERNATIVE follows: (2) in clause (ii), by striking ‘‘3 percent’’
PROCUREMENT METHOD.— ‘‘(7) AUTHORITY FOR SOLE SOURCE CON- and inserting ‘‘5 percent’’;
(A) IN GENERAL.—If a procurement center TRACTS FOR ECONOMICALLY DISADVANTAGED (3) in clause (iii), by striking ‘‘3 percent’’
representative proposes 1 or more alter- SMALL BUSINESS CONCERNS OWNED AND CON- and inserting ‘‘4 percent’’;
native procurement methods to a Federal TROLLED BY WOMEN.—A contracting officer (4) in clause (iv), by striking ‘‘at not less
agency under paragraph (2) and the procure- may award a sole source contract under this than’’ and all that follows and inserting the
dlhill on DSK120RN23PROD with SENATE
ment center representative and the Federal subsection to any small business concern following: ‘‘at not less than—
agency are unable to agree on an alternative owned and controlled by women described in ‘‘(I) 11 percent of the total value of all
procurement method, the Administrator paragraph (2)(A) and certified under para- prime contract and subcontract awards for
shall submit the matter to the head of the graph (2)(E) if— fiscal year 2022;
appropriate Federal agency, who shall adopt ‘‘(A) the concern is determined to be a re- ‘‘(II) 12 percent of the total value of all
the recommended alternative procurement sponsible contractor with respect to per- prime contract and subcontract awards for
method proposed by the Administrator un- formance of the contract opportunity; fiscal year 2023;
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S5780 CONGRESSIONAL RECORD — SENATE August 3, 2021
‘‘(III) 13 percent of the total value of all funds for Federal-aid highways, high- to carry out the requirements and oversight
prime contract and subcontract awards for way safety programs, and transit pro- of this section, including—
fiscal year 2024; grams, and for other purposes; which (1) penalties for noncompliance with the
‘‘(IV) 15 percent of the total value of all requirement of subsection (b)(1)(A);
was ordered to lie on the table; as fol-
prime contract and subcontract awards for (2) reporting requirements for recipients of
fiscal year 2025 and each fiscal year there- lows: covered grants; and
after.’’; and At the end of title I of division A, add the (3) guidance on—
(5) in clause (v), by striking ‘‘at not less following: (A) setting participation goals under sub-
than’’ and all that follows and inserting the Subtitle F—Apprenticeship Utilization, Re- section (b)(1)(C) that take into account the
following: ‘‘at not less than— spectful Workplaces, and Mandatory Sup- proportion of individuals in each population
‘‘(I) 6 percent of the total value of all portive Services in the relevant recruitment area that are
prime contract and subcontract awards for SEC. 11601. APPRENTICESHIP UTILIZATION. qualified for the apprenticeship or trade; and
each of fiscal years 2022 and 2023; and (a) DEFINITIONS.—In this section: (B) ensuring that the participation goals
‘‘(II) 7 percent of the total value of all (1) APPRENTICESHIP EMPLOYMENT GOAL.— under subsection (b)(1)(C) do not supersede
prime contract and subcontract awards for The term ‘‘apprenticeship employment goal’’ any higher goals otherwise required by law,
fiscal year 2024 and each fiscal year there- means the utilization of qualified appren- contract, or policy.
after.’’. tices for— (d) REPORT TO CONGRESS.—Not later than 3
(f) REPEAL OF BONA FIDE OFFICE RULE.— (A) not less than 15 percent of the total years after the date of enactment of this
(1) IN GENERAL.—Section 8(a) of the Small labor hours used for construction activities Act, the Secretary shall submit to the Com-
Business Act (15 U.S.C. 637(a)) is amended by for a project; or mittee on Transportation and Infrastructure
striking paragraph (11). (B) in any case where a higher qualified ap- of the House of Representatives and the
(2) CONFORMING AMENDMENTS.—The Small prentice utilization is locally stipulated by a Committee on Environment and Public
Business Act (15 U.S.C. 631 et seq.) is amend- labor agreement or local requirement, the Works of the Senate a report on the use of
ed— stipulated higher amount or percentage. qualified apprentices for projects carried out
(A) in section 8(a) (15 U.S.C. 637(a))— (2) COVERED GRANT.—The term ‘‘covered with covered grants that includes—
(i) in paragraph (9)(B)(iv), by striking grant’’ means a grant under section 117 or 173 (1) the total number of labor hours fulfilled
‘‘paragraph (21)(B)’’ and inserting ‘‘para- of title 23, United States Code. by qualified apprentices and historically
graph (20)(B)’’; and (3) QUALIFIED APPRENTICE.—The term underrepresented populations;
(ii) by redesignating paragraphs (12) ‘‘qualified apprentice’’ means an employee (2) the total number of qualified appren-
through (21) as paragraphs (11) through (20), participating in a registered apprenticeship tices and historically underrepresented pop-
respectively; program. ulations employed;
(B) in section 15(h)(2)(E)(v) (15 U.S.C. (4) REGISTERED APPRENTICESHIP PROGRAM.— (3) the total number of covered grant re-
644(h)(2)(E)(v)), in the matter preceding sub- The term ‘‘registered apprenticeship pro- cipients that met or exceeded the appren-
clause (I), by striking ‘‘section 8(a)(13)’’ and gram’’ means an apprenticeship program ticeship employment goal and the goals for
inserting ‘‘section 8(a)(12)’’; and that— the percentage of total workhours performed
(C) in section 31(b)(2)(D)(i) (15 U.S.C. (A) is registered with the Office of Appren- by historically underrepresented populations
657a(b)(2)(D)(i)), by striking ‘‘section ticeship of the Employment Training Admin- under subsection (b)(1)(C);
8(a)(15)’’ and inserting ‘‘section 8(a)(14)’’. istration of the Department of Labor or a (4) best practices used by covered grant re-
(g) 8(a) WAIVERS.—Section 8(a)(20) of the State apprenticeship agency recognized by cipients that met or exceeded the appren-
Small Business Act (15 U.S.C. 637(a)(20)), as such Office of Apprenticeship pursuant to ticeship employment goal and the goals for
redesignated subsection (f)(2) of this section, the Act of August 16, 1937 (commonly known the percentage of total workhours performed
is amended— as the ‘‘National Apprenticeship Act’’; 50 by historically underrepresented populations
(1) in subparagraph (A), in the first sen- Stat. 664, chapter 663; (29 U.S.C. 50 et seq.)); under subsection (b)(1)(C); and
tence, by striking ‘‘subparagraph (B)’’ and and (5) a summary of agency oversight of the
inserting ‘‘subparagraphs (B) and (F)’’; (B) satisfies the requirements of subpart A fulfillment of certification terms under this
(2) in subparagraph (B)— of part 29 and part 30 of title 29, Code of Fed- section by covered grant recipients.
(A) by striking clause (iii); and eral Regulations or any successor regula- (e) PUBLIC TRANSPARENCY.—
(B) by redesignating clauses (iv) and (v) as tions. (1) IN GENERAL.—At the end of each fiscal
clauses (iii) and (iv), respectively; (b) REQUIREMENT.— year, the Secretary shall make available on
(3) by striking subparagraph (C) and insert- (1) CERTIFICATION REQUIREMENT.—To be eli- a public website information on the use of
ing the following: gible to receive a covered grant, each appli- qualified apprentices in the preceding fiscal
‘‘(C) The Administrator may waive the re- cant shall include in a grant application a year for each covered grant program, includ-
quirements of subparagraph (A) if, in the certification that the applicant will ensure ing—
case of clauses (i), (ii), and (iii) of subpara- that any contractor or subcontractor uti- (A) the total number of covered grant ap-
graph (B), the Administrator is requested to lized in carrying out activities with the cov- plicants that certified that the covered grant
do so prior to the actual relinquishment of ered grant— applicant would be able to meet or exceed
ownership or control.’’; and (A) meets or exceeds the apprenticeship the apprenticeship employment goal under
(4) by adding at the end the following: employment goal; subsection (b);
‘‘(F) If a contract or ownership and control (B) to the extent practicable, employs (B) the total number of covered grants pro-
of the concern that initially received a con- qualified apprentices from traditionally vided for applicants described in subpara-
tract awarded pursuant to this subsection underrepresented populations in meeting or graph (A); and
passes to another small business concern exceeding the apprenticeship employment (C) for each covered grant provided, data
that is an eligible Program Participant, the goal; and on the progress of the grant recipient toward
requirements of subparagraph (A), including (C) notwithstanding any local-hire goals meeting the requirement under subsection
the termination described in the second sen- that apply, makes best efforts to meet (b)(1)(A) and achieving participation goals
tence of that subparagraph, shall not project-wide, annually updated participation under subsection (b)(1).
apply.’’. goals set by the applicant for the percentage (2) PROGRESS DATA.—The Secretary shall
(h) INTERIM RULES.—Not later than 90 days of total work-hours that are performed at make the information described in para-
after the date of enactment of this Act, the apprentice-level and journey-level by histori- graph (1)(C) available on a public website on
Administrator may issue rules, including in- cally underrepresented populations; and a monthly basis.
terim final rules, as necessary to carry out (D) tracks ongoing progress toward the SEC. 11602. RESPECTFUL WORKPLACES.
this section and the amendments made by participation goals described in subpara- (a) IN GENERAL.—Notwithstanding any
this section. graphs (A) and (C). other provision of law, a contractor or sub-
--- (2) EXCEPTIONS.—The Secretary may adjust contractor used in carrying out a project or
SA 2444. Mrs. GILLIBRAND (for her- the requirements under paragraph (1) for an activity that receives funds under section 117
self, Mr. MERKLEY, Mr. DURBIN, Mr. applicant for a covered grant if the applicant or 173 of title 23, United States Code, shall—
BOOKER, Mr. SANDERS, Mr. PADILLA, provides documentary evidence that— (1) make best efforts to institute respectful
Mr. MARKEY, Ms. WARREN, and Mrs. (A) demonstrates a lack of availability of workplace policies; and
FEINSTEIN) submitted an amendment qualified apprentices in a specific geographic (2) provide effective, ongoing workplace
intended to be proposed to amendment area; and training to create safe, respectful work sites
dlhill on DSK120RN23PROD with SENATE
SA 2137 proposed by Mr. SCHUMER (for (B) makes a good faith effort to comply that are free from bullying, hazing, discrimi-
with the requirements. nation, or harassment.
Ms. SINEMA (for herself, Mr. PORTMAN,
(c) REGULATIONS.—The Secretary, in col- (b) COORDINATION.—The Secretary shall co-
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- laboration with the Secretary of Labor, as ordinate as necessary with the Secretary of
HEEN, Ms. COLLINS, Mr. TESTER, Ms. appropriate, may issue such regulations or Labor to promote that contractors and sub-
MURKOWSKI, Mr. WARNER, and Mr. ROM- other guidance, forms, instructions, and pub- contractors described in subsection (a) com-
NEY)) to the bill H.R. 3684, to authorize lications as may be necessary or appropriate ply with that subsection.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5781
SEC. 11603. MANDATORY SUPPORTIVE SERVICES. poses; which was ordered to lie on the mowing heights and planting native grasses
Section 140 of title 23, United States Code, table; as follows: and pollinator-friendly habitats, along a
is amended by adding at the end the fol- right-of-way on a Federal-aid highway, if the
lowing: At the end of division I, add the following:
implementation of those practices—
‘‘(e) MANDATORY SUPPORTIVE SERVICES.— SEC. 90009. PROHIBITION ON RECONCILIATION.
‘‘(1) is in the public interest; and
‘‘(1) DEFINITIONS.—In this subsection: On and after the date of enactment of this
‘‘(2) will not impair the highway or inter-
‘‘(A) ELIGIBLE INDIVIDUAL.— Act, in the Senate and the House of Rep-
fere with the free and safe flow of traffic.’’.
‘‘(i) IN GENERAL.—The term ‘eligible indi- resentatives, it shall not be in order to con-
vidual’ means an individual described in sider a bill or joint resolution reported pur- SA 2447. Mr. CARPER (for himself,
clause (ii) that— suant to reconciliation instructions included
pursuant to section 310 of the Congressional
Mr. INHOFE, Mr. WICKER, and Ms.
‘‘(I) is participating in a project under this
title; and Budget Act of 1974 (2 U.S.C. 641) in a concur- DUCKWORTH) submitted an amendment
‘‘(II) can demonstrate a need for supportive rent resolution on the budget for fiscal year intended to be proposed to amendment
services, as determined by the State depart- 2022. SA 2137 proposed by Mr. SCHUMER (for
ment of transportation. Ms. SINEMA (for herself, Mr. PORTMAN,
‘‘(ii) INDIVIDUALS DESCRIBED.—An indi- SA 2446. Mr. OSSOFF submitted an Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
vidual referred to in clause (i) is— amendment intended to be proposed to HEEN, Ms. COLLINS, Mr. TESTER, Ms.
‘‘(I) a participant in a pre-apprenticeship amendment SA 2137 proposed by Mr. MURKOWSKI, Mr. WARNER, and Mr. ROM-
or apprenticeship-readiness program; SCHUMER (for Ms. SINEMA (for herself, NEY)) to the bill H.R. 3684, to authorize
‘‘(II) an apprentice; or Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
‘‘(III) a worker in a construction trade on funds for Federal-aid highways, high-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. way safety programs, and transit pro-
a project under this title.
‘‘(B) SUPPORTIVE SERVICE.—The term ‘sup- TESTER, Ms. MURKOWSKI, Mr. WARNER, grams, and for other purposes; which
portive service’ means— and Mr. ROMNEY)) to the bill H.R. 3684, was ordered to lie on the table; as fol-
‘‘(i) a pre-apprenticeship or apprenticeship- to authorize funds for Federal-aid high- lows:
readiness program that has a written agree- ways, highway safety programs, and On page 2486, line 14, strike ‘‘Provided’’ and
ment with one or more registered appren- transit programs, and for other pur- all that follows through ‘‘proviso:’’ on line 21
ticeship programs (as defined in section 11601 poses; which was ordered to lie on the and insert the following: ‘‘Provided further,
of the Infrastructure Investment and Jobs
Act);
table; as follows: That of the amount provided under this
On page 202, strike line 5 and insert the fol- heading in this Act, $2,500,000,000 shall be for
‘‘(ii) transportation;
lowing: construction, replacement, rehabilitation,
‘‘(iii) child care and dependent care;
(2) in subsection (l)— and expansion of inland waterways projects:
‘‘(iv) housing;
(A) by striking paragraph (2); Provided further, That section 102(a) of the
‘‘(v) food and nutrition services;
(B) by striking the subsection designation Water Resources Development Act of 1986
‘‘(vi) health and mental health care sup-
and all that follows through ‘‘In deter- (Public Law 99–662; 33 U.S.C. 2212(a)) and sec-
port, including substance use disorder treat-
mining’’ in paragraph (1) in the matter pre- tion 109 of the Water Resources Development
ment;
ceding subparagraph (A) and inserting the Act of 2020 (Public Law 116–260; 134 Stat. 2624)
‘‘(vii) access to the internet;
following: shall not apply to the extent that such
‘‘(viii) needs-related payments;
‘‘(l) ACCOMMODATING UTILITY FACILITIES IN projects are carried out using funds provided
‘‘(ix) tools;
THE RIGHT-OF-WAY.— in the preceding proviso: Provided further,
‘‘(x) workwear;
‘‘(1) DEFINITIONS.—In this subsection: That in using such funds referred to in the
‘‘(xi) retention services (including support
‘‘(A) RIGHT-OF-WAY.—The term ‘right-of- preceding proviso, the Secretary shall give
groups, mentoring, or peer networking); and
way’ means any real property, or interest priority to projects included in the Capital
‘‘(xii) support to pay the costs of applica-
therein, acquired, dedicated, or reserved for Investment Strategy of the Corps of Engi-
tion fees and other costs of entering reg-
the construction, operation, and mainte- neers:’’.
istered apprenticeship programs (as defined
nance of a highway. On page 2487, lines 9 through 11, strike ‘‘or
in section 11601 of the Infrastructure Invest-
‘‘(B) UTILITY FACILITY.— section 1135 of the Water Resources Develop-
ment and Jobs Act) and required pre-employ-
‘‘(i) IN GENERAL.—The term ‘utility facil- ment Act of 1986 (Public Law 99–662; 33 U.S.C.
ment training.
ity’ means any privately, publicly, or coop- 2309a),’’ and insert ‘‘section 1135 of the Water
‘‘(2) AUTHORIZATION.—The Secretary, in co-
eratively owned line, facility, or system for Resources Development Act of 1986 (Public
operation with the Secretary of Labor and
producing, transmitting, or distributing Law 99–662; 33 U.S.C. 2309a), or section 165(a)
any other Federal agency, State agency, au-
communications, power, electricity, light, of division AA of the Consolidated Appro-
thority, association, institution, Indian
heat, gas, oil, crude products, water, steam, priations Act, 2021 (Public Law 116–260),’’.
Tribe or Tribal organization, for-profit or
waste, storm water not connected with high- On page 2489, line 3, insert ‘‘Provided fur-
nonprofit corporation, and any other organi-
way drainage, or any other similar com- ther, That the amounts provided in the pre-
zation or person, shall establish and carry
modity, including any fire or police signal ceding proviso do not limit the Secretary of
out a program to provide supportive services
system or street lighting system, that di- the Army, acting through the Chief of Engi-
to eligible individuals in order to increase
rectly or indirectly serves the public. neers, from allotting additional funds from
State-wide capacity to provide opportunities
‘‘(ii) INCLUSIONS.—The term ‘utility facil- the amounts provided under this title in this
for underrepresented groups to work in infra-
ity’ includes— Act for additional shore protection
structure project construction jobs, with a
‘‘(I) alternative fueling infrastructure; projects:’’ after ‘‘2024:’’.
special emphasis on maximizing opportuni- On page 2489, line 9, insert ‘‘Provided fur-
ties for women, people of color, and individ- ‘‘(II) a renewable energy generation facil-
ity; ther, That in selecting projects under the
uals with barriers to employment. previous proviso, the Secretary of the Army
‘‘(3) STATE OBLIGATION.—For fiscal year ‘‘(III) electrical transmission and distribu-
tion infrastructure; and shall prioritize projects with overriding life-
2023 and each fiscal year thereafter, a State safety benefits: Provided further, That of the
shall obligate not less than 1⁄2 of 1 percent of ‘‘(IV) broadband infrastructure and con-
duit. funds in the proviso preceding the preceding
the amounts apportioned to the State under proviso, the Secretary of the Army shall, to
section 104(b) for supportive services for eli- ‘‘(2) ACCOMMODATION.—In determining’’;
and the maximum extent practicable, prioritize
gible individuals. projects in the work plan that directly ben-
‘‘(4) NONAPPLICABILITY OF TITLE 41.—Sec- (C) by adding at the end the following:
‘‘(3) STATE APPROVAL.—A State, on behalf efit economically disadvantaged commu-
tion 6101 of title 41 shall not apply to con- nities, and may take into consideration
tracts and agreements made under the au- of the Secretary, may approve accommo-
dating a utility facility described in para- prioritizing projects that benefit areas in
thority granted to the Secretary under this which the percentage of people that live in
subsection.’’. graph (1)(B)(ii) within a right-of-way on a
Federal-aid highway.’’; poverty or identify as belonging to a minor-
SA 2445. Ms. ERNST submitted an (3) in subsection (o)— ity group is greater than the average such
On page 202, line 23, strike ‘‘(3)’’ and insert percentage in the United States, based on
amendment intended to be proposed to data from the Bureau of the Census:’’ after
amendment SA 2137 proposed by Mr. ‘‘(4)’’.
On page 203, strike line 17 and insert the ‘‘purpose:’’.
SCHUMER (for Ms. SINEMA (for herself, On page 2496, between lines 2 and 3, insert
following:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the following:
dlhill on DSK120RN23PROD with SENATE
the project is located on a Federal-aid high-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. GENERAL PROVISIONS—CORPS OF ENGINEERS
way.
TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(t) VEGETATION MANAGEMENT.—Notwith- SEC. 300. For projects that are carried out
and Mr. ROMNEY)) to the bill H.R. 3684, standing any other provision of law, States with funds under this heading, the Secretary
to authorize funds for Federal-aid high- are encouraged to implement, or to enter of the Army and the Director of the Office of
ways, highway safety programs, and into partnerships to implement, vegetation Management and Budget shall consider other
transit programs, and for other pur- management practices, such as increased factors in addition to the benefit-cost ratio
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S5782 CONGRESSIONAL RECORD — SENATE August 3, 2021
when determining the economic benefits of On page 2608, line 21, strike ‘‘$587,000,000’’ ‘‘(B) may be renewed by the State for an
projects that benefit disadvantaged commu- and insert ‘‘$583,000,000’’. additional 4-year term at the end of each
nities. On page 2608, line 23, strike ‘‘$382,000,000’’ performance period if, in accordance with
and insert ‘‘$378,000,000’’. paragraph (4)—
SA 2448. Mr. DAINES submitted an On page 2613, line 18, strike ‘‘$696,200,000’’ ‘‘(i) the State submits another written ex-
amendment intended to be proposed to and insert ‘‘$771,200,000’’. planation; and
On page 2613, line 23, strike ‘‘$552,200,000’’ ‘‘(ii) the State continues to be included on
amendment SA 2137 proposed by Mr.
and insert ‘‘$567,200,000’’. the list of eligible States under paragraph
SCHUMER (for Ms. SINEMA (for herself, On page 2613, line 24, strike ‘‘$36,000,000’’
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (5).
and insert ‘‘$51,000,000’’.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. On page 2614, line 1, strike $36,000,000 and ‘‘(4) NOTIFICATION OF ELECTION OF EXEMP-
TION.—
TESTER, Ms. MURKOWSKI, Mr. WARNER, insert ‘‘$51,000,000’’.
On page 2614, line 3, strike ‘‘$36,000,000’’ and ‘‘(A) IN GENERAL.—To be eligible to make
and Mr. ROMNEY)) to the bill H.R. 3684, an election under paragraph (1), not later
insert ‘‘$51,000,000’’.
to authorize funds for Federal-aid high- On page 2614, line 4, strike ‘‘$36,000,000’’ and than September 1 of the calendar year pre-
ways, highway safety programs, and insert ‘‘$51,000,000’’. ceding the calendar year in which the next
transit programs, and for other pur- performance period promulgated by the Sec-
poses; which was ordered to lie on the SA 2450. Mr. BARRASSO (for him- retary under subsection (d) begins, a State
table; as follows: self, Mr. TESTER, Mr. DAINES, Mr. described in that paragraph—
On page 2153, line 6, insert ‘‘satellites,’’ THUNE, and Mr. CRAMER) submitted an ‘‘(i) shall submit to the Secretary—
after ‘‘fiber,’’. amendment intended to be proposed to ‘‘(I) identification of the 1 or more require-
ments described in paragraph (2)(A) for
amendment SA 2137 proposed by Mr.
SA 2449. Mr. DAINES submitted an which an exemption is elected; and
SCHUMER (for Ms. SINEMA (for herself, ‘‘(II) a written notice that includes an ex-
amendment intended to be proposed to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- planation advising the Secretary that the
amendment SA 2137 proposed by Mr. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. State is not experiencing significant per-
SCHUMER (for Ms. SINEMA (for herself, TESTER, Ms. MURKOWSKI, Mr. WARNER, formance issues on the surface transpor-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and Mr. ROMNEY)) to the bill H.R. 3684, tation system of the State with respect to
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to authorize funds for Federal-aid high- each requirement referred to in subclause (I);
TESTER, Ms. MURKOWSKI, Mr. WARNER, ways, highway safety programs, and and
and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- ‘‘(ii) may submit to the Secretary any
to authorize funds for Federal-aid high- other information or material that the State
poses; which was ordered to lie on the
ways, highway safety programs, and chooses to include in the notice.
table; as follows: ‘‘(B) SPECIAL RULE.—Notwithstanding the
transit programs, and for other pur- At the end of subtitle B of title I of divi- deadline described in subparagraph (A), a
poses; which was ordered to lie on the sion A, add the following: State described in paragraph (1) may submit
table; as follows: SEC. 112ll. EXEMPTIONS FOR LOW POPU- a notice under subparagraph (A) at any time
Beginning on page 1799, strike line 13 and LATION DENSITY STATES.
before September 1, 2022.
all that follows through page 1800, line 10, Section 150 of title 23, United States Code, ‘‘(5) ELIGIBLE STATES.—
and insert the following: is amended by adding at the end the fol- ‘‘(A) IN GENERAL.—Not later than 60 days
(15) $300,000,000 shall be made available for lowing: after the date of enactment of this sub-
post-fire restoration activities that are im- ‘‘(f) EXEMPTIONS FOR LOW POPULATION DEN- section and thereafter, on each September 1
plemented not later than 3 years after the SITY STATES.—
of the calendar year 2 years prior to the cal-
date that a wildland fire is contained, of ‘‘(1) IN GENERAL.—The Secretary shall
endar year in which the next performance
which— grant, on the election of and in consultation
period promulgated by the Secretary under
(A) $125,000,000 shall be made available to with a State, an exemption from 1 or more of
subsection (d) begins, the Secretary shall
the Secretary of the Interior; and the requirements described in paragraph
publish a list of States that may elect to re-
(B) $175,000,000 shall be made available to (2)(A) if the State—
ceive an exemption from a requirement de-
the Secretary of Agriculture; ‘‘(A) is on the list of eligible States under
scribed in paragraph (2)(A).
On page 1800, line 11, strike ‘‘(17)’’ and in- paragraph (5) for the applicable performance
‘‘(B) INCLUSIONS.—The Secretary shall in-
sert ‘‘(16)’’. period; and
clude on the list under subparagraph (A)—
On page 1800, line 17, strike ‘‘(18)’’ and in- ‘‘(B) provides a written notice of the elec-
‘‘(i) any State that—
sert ‘‘(17)’’. tion that includes an explanation under
paragraph (4)(A). ‘‘(I) has a population per square mile of
On page 1816, strike lines 1 through 12 and
‘‘(2) REQUIREMENTS DESCRIBED.— area that is less than the population per
insert the following:
‘‘(A) STATE REQUIREMENTS.—The require- square mile of area of the United States,
(2) $300,000,000 shall be made available to
ments from which a State described in para- based on the latest available Bureau of the
provide to States and Indian Tribes for im-
graph (1) may elect an exemption are— Census data at the time the Secretary pub-
plementing restoration projects on Federal
‘‘(i) requirements established under sub- lishes the list;
land pursuant to good neighbor agreements
clauses (IV) and (V) of subsection ‘‘(II) does not include an urbanized area
entered into under section 8206 of the Agri-
(c)(3)(A)(ii); with a population of over 200,000 within the
cultural Act of 2014 (16 U.S.C. 2113a) or agree-
‘‘(ii) requirements established under sub- State; and
ments entered into under section 2(b) of the
section (c)(5)(A); ‘‘(III) has no repeated delays or other per-
Tribal Forest Protection Act of 2004 (25
U.S.C. 3115a(b)), of which— ‘‘(iii) requirements established under sub- sistent impediments to travel reliability on
(A) $60,000,000 shall be made available to section (c)(6); and the portions of the National Highway Sys-
the Secretary of the Interior; and ‘‘(iv) targeting, data, reporting, or admin- tem in the State that the Secretary deter-
(B) $240,000,000 shall be made available to istrative requirements established under mines to be excessive; and
the Secretary of Agriculture; subsections (d) and (e) that are related to a ‘‘(ii) based on the latest available Bureau
On page 2568, line 12, strike ‘‘$905,000,000’’ requirement described in clause (i), (ii), or of the Census data at the time the Secretary
and insert ‘‘$925,000,000’’. (iii) from which the State elects to receive publishes the list, any State that—
On page 2568, line 15, strike ‘‘$337,000,000’’ an exemption. ‘‘(I) has a population density of less than 15
and insert ‘‘$341,000,000’’. ‘‘(B) METROPOLITAN PLANNING ORGANIZA- persons per square mile of area; and
On page 2568, line 17, strike ‘‘$142,000,000’’ TION REQUIREMENTS.—A metropolitan plan- ‘‘(II) does not include an urbanized area
and insert ‘‘$146,000,000’’. ning organization with a metropolitan plan- with a population of over 200,000.
On page 2568, line 18, strike ‘‘$142,000,000’’ ning area that is located entirely within a ‘‘(6) NATIONAL REPORTING.—
and insert ‘‘$146,000,000’’. State that is exempt shall be exempt from ‘‘(A) ELIGIBLE STATES.—For each State in-
On page 2568, line 20, strike ‘‘$142,000,000’’ the requirements under section 134(h)(2)(B) cluded on the list of eligible States under
and insert ‘‘$146,000,000’’. that relate to each measure described in sub- paragraph (5), the Secretary shall submit to
On page 2568, line 22, strike ‘‘$142,000,000’’ paragraph (A) from which the State of the the Committee on Environment and Public
and insert ‘‘$146,000,000’’. metropolitan planning organization is ex- Works of the Senate and the Committee on
On page 2570, line 19, strike ‘‘$1,055,000,000’’ empt. Transportation and Infrastructure of the
dlhill on DSK120RN23PROD with SENATE
and insert ‘‘$980,000,000’’. ‘‘(3) TERM.—An exemption applied under House of Representatives a report on the sta-
On page 2570, line 23, strike ‘‘$327,000,000’’ paragraph (1) — tus of traffic congestion, travel reliability,
and insert ‘‘$312,000,000’’. ‘‘(A) shall be in effect until the date that is truck travel reliability, and any other rel-
On page 2570, line 25, strike ‘‘$182,000,000’’ 4 years after the date on which the perform- evant performance metrics on the portions of
and insert ‘‘$167,000,000’’. ance period promulgated by the Secretary the National Highway System in the State,
On page 2608, line 17, strike ‘‘$2,115,000,000’’ under subsection (d) in effect at the time the including any delays or impediments that
and insert ‘‘$2,095,000,000’’. exemption is applied ends; and the Secretary determines to be excessive.
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5783
‘‘(B) EXEMPT STATES.—For each eligible (for herself, Mr. PORTMAN, Mr. SA 2455. Mrs. FEINSTEIN submitted
State under paragraph (5) that elects to re- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, an amendment intended to be proposed
ceive an exemption under paragraph (1), the Ms. COLLINS, Mr. TESTER, Ms. MUR- to amendment SA 2137 proposed by Mr.
Secretary shall— KOWSKI, Mr. WARNER, and Mr. ROMNEY)) SCHUMER (for Ms. SINEMA (for herself,
‘‘(i) submit to the Committee on Environ-
ment and Public Works of the Senate and
to the bill H.R. 3684, to authorize funds Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
the Committee on Transportation and Infra- for Federal-aid highways, highway SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
structure of the House of Representatives a safety programs, and transit programs, TESTER, Ms. MURKOWSKI, Mr. WARNER,
report on the results of performance meas- and for other purposes; which was or- and Mr. ROMNEY)) to the bill H.R. 3684,
ures for all exemptions applied to that State dered to lie on the table; as follows: to authorize funds for Federal-aid high-
under this subsection; and In section 40121(b)(1) of subtitle B of title I ways, highway safety programs, and
‘‘(ii) make publicly available as part of the of division D, in the matter preceding sub- transit programs, and for other pur-
State performance dashboard on the Depart- paragraph (A), insert ‘‘to develop and orga- poses; which was ordered to lie on the
ment of Transportation website information nize, based on the recommendations of the table; as follows:
on the performance of the State with respect National Infrastructure Advisory Council
On page 2699, between lines 19 and 20, insert
to any requirements from which the State is and the Cyberspace Solarium Commission, a
the following:
exempt.’’. pilot Critical Infrastructure Command Cen- SEC. 804. (a) FAA OUTREACH TO COMMUNITY
ter or Joint Collaboration Environment to AND ELECTED OFFICIALS WHEN PROPOSING
SA 2451. Mr. MORAN (for himself, facilitate and enable public-private partner- NEW OR MODIFIED FLIGHT PROCEDURES.—In
Mrs. MURRAY, and Mr. INHOFE) sub- ships to carry out relevant functions, includ- order to avoid having to subsequently mod-
mitted an amendment intended to be ing’’ after ‘‘carry out a program’’. ify products and services developed as a part
proposed to amendment SA 2137 pro- of the NextGen Performance Based Naviga-
SA 2454. Mrs. FEINSTEIN (for herself tion (PBN) Implementation Process—FAA
posed by Mr. SCHUMER (for Ms. SINEMA and Mr. PADILLA) submitted an amend-
(for herself, Mr. PORTMAN, Mr. Order JO7100.41A, the Administrator of the
ment intended to be proposed to Federal Aviation Administration shall com-
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, amendment SA 2137 proposed by Mr. ply with the requirements of this section.
Ms. COLLINS, Mr. TESTER, Ms. MUR- SCHUMER (for Ms. SINEMA (for herself, (b) NOTIFICATION TO OFFICIALS.—The Ad-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ministrator shall notify the public of any
to the bill H.R. 3684, to authorize funds proposed new PBN flight procedure or flight
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
for Federal-aid highways, highway procedure change affecting airspace at alti-
TESTER, Ms. MURKOWSKI, Mr. WARNER, tudes below 18,000 feet. This notification
safety programs, and transit programs, and Mr. ROMNEY)) to the bill H.R. 3684, shall be made not later than 30 days after
and for other purposes; which was or- to authorize funds for Federal-aid high- the date of the entry of the procedure into
dered to lie on the table; as follows: ways, highway safety programs, and the FAA Performance Based Navigation IFP
At the appropriate place, insert the fol- transit programs, and for other pur- Gateway to the elected governing body of
lowing: poses; which was ordered to lie on the each of the cities and counties within 5 miles
SEC. lll. ANNUITY SUPPLEMENT. table; as follows: of such a proposed new or modified flight
Section 8421a(c) of title 5, United States procedure, to any Member of Congress whose
At the end of section 30005 in division C, district is within 5 miles of such a proposed
Code, is amended— add the following:
(1) by striking ‘‘as an air traffic’’ and in- new or modified flight procedure, and to any
(c) FEDERAL SHARE ADJUSTMENTS.— Aviation Roundtable whose jurisdictional
serting the following: ‘‘as an— (1) IN GENERAL.—In addition to amounts
‘‘(1) air traffic’’; area is within 5 miles of such a proposed new
made available under section 5338 of title 49, or modified flight procedure.
(2) in paragraph (1), as so designated, by United States Code, there are authorized to (c) NOTIFICATION CONTENTS.—Notification
striking the period at the end and inserting be appropriated for fiscal year 2022 such shall be made with sufficient specificity for
‘‘; or’’; and sums as are necessary to increase the Fed- an official to determine if such new or modi-
(3) by adding at the end the following: eral share, at the request of a project spon- fied flight procedure being processed is like-
‘‘(2) air traffic controller pursuant to a sor, of a new fixed guideway capital project, ly to affect constituents of such official and
contract made with the Secretary of Trans- a core capacity improvement project, or a shall include—
portation under section 47124 of title 49.’’. small start project (as those terms are de- (1) name of flight procedure;
fined in section 5309(a) of that title) that— (2) name of the proponent of the flight pro-
SA 2452. Mr. JOHNSON (for himself, (A) is not open to revenue service; and cedure;
Ms. BALDWIN, and Ms. ERNST) sub- (B) has received an allocation of funding in (3) whether the flight procedure is a new or
mitted an amendment intended to be any of fiscal years 2019, 2020, and 2021. modified procedure and, if modified, the
proposed to amendment SA 2137 pro- (2) CRITERIA.—In allocating amounts made changes being proposed;
posed by Mr. SCHUMER (for Ms. SINEMA available under paragraph (1) to projects de- (4) name of existing procedure if the proce-
(for herself, Mr. PORTMAN, Mr. scribed in that subsection, the Secretary of dure substantially replaces an existing pro-
Transportation shall take into consideration cedure;
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
the extent to which a project sponsor dem- (5) approximate flight path including lati-
Ms. COLLINS, Mr. TESTER, Ms. MUR- onstrates a need for a higher Federal share, tude and longitude of the proposed procedure
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) including the extent to which— overlaid on a satellite map such as Google
to the bill H.R. 3684, to authorize funds (A) the project sponsor made a local finan- Earth or similar;
for Federal-aid highways, highway cial commitment that exceeded 20 percent of (6) approximate altitudes of proposed flight
safety programs, and transit programs, the cost of the project; and path; and
and for other purposes; which was or- (B) the project sponsor has experienced, as (7) contact person to provide additional in-
dered to lie on the table; as follows: a result of the public health emergency de- formation.
clared by the Secretary of Health and (d) DEFINITIONS.—In this section, the fol-
At the end of subtitle A of title I of divi-
Human Services under section 319 of the lowing definitions apply:
sion A, insert the following:
Public Health Service Act (42 U.S.C. 247d) on (1) AVIATION ROUNDTABLE.—The term
SEC. 111lll. STOP MOTORCYCLE CHECKPOINT January 31, 2020, with respect to COVID–19, a ‘‘Aviation Roundtable’’ means an organiza-
FUNDING.
loss of revenue that would otherwise be used tion designed to address community con-
Section 4007 of the FAST Act (23 U.S.C. 153 by the project sponsor to provide the non- cerns over a sustained period of time regard-
note; Public Law 114–94) is amended— Federal share for the project. ing aircraft operations often associated with
(1) in paragraph (1), by striking ‘‘or’’ at the (3) ADJUSTMENT.—Notwithstanding any a nearby airport.
end; other provision of law, if the project sponsor (2) FAA ORDER JO7100.41A.—The term ‘‘FAA
(2) in paragraph (2), by striking the period of a project described in subsection (a) meets Order JO7100.41A’’ means FAA Order
at the end and inserting ‘‘; or’’; and 1 or both of the criteria described in sub- JO7100.41A and any other successor versions
(3) by adding at the end the following: section (b), the Secretary of Transportation of such Order.
‘‘(3) otherwise to profile or stop any motor- shall increase the Federal share of the (3) FLIGHT PROCEDURE.—The term ‘‘flight
cycle operator or motorcycle passenger project by not more than 30 percent, up to a procedure’’ means a preplanned Instrument
using as a factor the clothing or mode of maximum of Federal share of 80 percent. Flight Rules (IFR) procedure published for
transportation of the operator or pas-
dlhill on DSK120RN23PROD with SENATE
(4) AMOUNT.—Amounts made available pilot use, in graphic or textual format, that
sengers.’’. under this section shall be provided to a provides obstruction clearance from the ter-
project described in subsection (a) notwith- minal area to the en route structure (depar-
SA 2453. Mrs. BLACKBURN sub- standing the limitation of any calculation of ture) or from the en route structure to the
mitted an amendment intended to be the maximum amount of Federal financial terminal area (arrival).
proposed to amendment SA 2137 pro- assistance that may be provided to that (4) IFP.—The term ‘‘IFP’’ means instru-
posed by Mr. SCHUMER (for Ms. SINEMA project. ment flight procedure.
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S5784 CONGRESSIONAL RECORD — SENATE August 3, 2021
(5) INSTRUMENT FLIGHT PROCEDURES GATE- to authorize funds for Federal-aid high- ligence, the EERE, and the NNSA, to provide
WAY.—The term ‘‘Instrument Flight Proce- ways, highway safety programs, and research, development, test and evaluation,
dures Gateway’’ means a centralized instru- transit programs, and for other pur- and response capabilities to respond to—
ment flight procedures data portal providing, (A) biological disasters and emergencies;
poses; which was ordered to lie on the (B) long-term biotechnology threats and
among others, current IFPs under Develop-
ment or Amendments with Tentative Publi- table; as follows: hazards impacting national security;
cation Date and Status. In section 40101(a)(2) of division D, strike (C) emerging and re-emerging diseases; and
(6) ELECTED GOVERNING BODY.—The term subparagraphs (F) and (G) and insert the fol- (D) any remaining threats posed by
‘‘elected governing body’’ means a municipal lowing: COVID–19.
body having legislative and administrative (F) a fuel supplier; (2) WORKING GROUP.—To carry out the Pro-
powers, such as passing ordinances and ap- (G) a community choice aggregator; and gram, the Secretary shall establish a work-
propriating funds, such as a City Council, (H) any other relevant entity, as deter- ing group, which shall comprise appropriate
Town Council, County Board of Supervisors, mined by the Secretary. leadership from the Office of Science, the
or similar. NNSA, and the National Laboratories.
(7) PBN.—The term ‘‘PBN’’ means perform- SA 2458. Mr. LUJÁN (for himself and (3) FUNCTIONS.—The working group shall—
ance based navigation. Mr. HEINRICH) submitted an amend- (A) oversee the development and operation
ment intended to be proposed to of major research activities of the Program;
SA 2456. Mrs. FEINSTEIN (for herself amendment SA 2137 proposed by Mr. (B) identify Department programs and ele-
and Mr. PADILLA) submitted an amend- ments that will participate in the research
SCHUMER (for Ms. SINEMA (for herself,
ment intended to be proposed to and development activities of the Program;
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (C) establish a formal process to engage
amendment SA 2137 proposed by Mr. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the capabilities of the National Labora-
SCHUMER (for Ms. SINEMA (for herself, TESTER, Ms. MURKOWSKI, Mr. WARNER, tories, including identifying a National Lab-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and Mr. ROMNEY)) to the bill H.R. 3684, oratory to be a coordinator for each research
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to authorize funds for Federal-aid high- project carried out under the Program;
TESTER, Ms. MURKOWSKI, Mr. WARNER, ways, highway safety programs, and (D) collaborate with the directors of re-
and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- search directorates of the Department, direc-
to authorize funds for Federal-aid high- tors of National Laboratories, and other sen-
poses; which was ordered to lie on the ior Department officials, as appropriate, to
ways, highway safety programs, and table; as follows: gain greater access to top researchers and
transit programs, and for other pur- On page 2520, line 5, insert ‘‘Provided fur- new and potentially transformative ideas;
poses; which was ordered to lie on the ther, That $31,500,000 of the amounts made (E) periodically review and recommend up-
table; as follows: available under this heading shall be used for dates as necessary to Program policies and
On page 2656, line 7, insert ‘‘Provided fur- highway improvements on the routes to and guidelines for the development and operation
ther, That notwithstanding section 111(a) or from the Waste Isolation Pilot Plant, includ- of major research activities, including by
(b) of title 23, United States Code, or the fee ing to make payments to the State of New taking into consideration how those updates
limitations in sections 137 or 142 of such Mexico for such improvements pursuant to fit into the broader Federal response frame-
title, the Secretary shall permit limited section 15 of the Waste Isolation Pilot Plant work;
commercial activities for charging of elec- Land Withdrawal Act (Public Law 102–579; (F)(i) disperse funds to entities partici-
tric vehicles on rights-of-way of any Federal- 106 Stat. 4791):’’ after ‘‘fiscal year:’’. pating in activities under the Program; and
aid highway, including highways on the (ii) conduct periodic reviews to adjust
Interstate System, including in: (1) a rest SA 2459. Mr. LUJÁN (for himself and funding allocations in response to changing
area; or (2) a fringe or corridor parking facil- Mr. HEINRICH) submitted an amend- biological disasters and emergencies, bio-
ity, including a park and ride facility: Pro- ment intended to be proposed to technology threats, biodefense needs, or
vided further, That, for purposes of this para- amendment SA 2137 proposed by Mr. emerging and re-emerging diseases;
graph in this Act, limited commercial activi- (G) enable access to broad scientific and
SCHUMER (for Ms. SINEMA (for herself, technical expertise and resources that will
ties for charging of electric vehicles at rest
areas described in the preceding proviso may Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- lead to the deployment of innovative prod-
be located as follows: (1) except as otherwise SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ucts, including through—
provided in this proviso, a State may permit TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) research and development, including
such limited commercial activity unless it is and Mr. ROMNEY)) to the bill H.R. 3684, proof of concept, technical development, and
located within 5 travel miles of an existing to authorize funds for Federal-aid high- compliance testing activities; and
facility that is located no more than 1 mile ways, highway safety programs, and (ii) early-stage product development, in-
from the Interstate and that, as determined cluding through—
transit programs, and for other pur- (I) computational modeling and simula-
by the Secretary, provides substantially the
poses; which was ordered to lie on the tion;
same services to the public in sufficient ca-
pacity at the time such determination is table; as follows: (II) molecular structural determination;
made; (2) if a State demonstrates to the Sec- At the appropriate place in title XII of di- (III) genomic sciences;
retary that there is insufficient capacity vision D, insert the following: (IV) epidemiological and logistics support;
providing substantially the same services to SEC. 412ll. NATIONAL LABORATORY BIO- (V) knowledge discovery infrastructure and
the public at an existing facility located no TECHNOLOGY PROGRAM. scalable protected data;
more than 1 mile from the Interstate and (a) DEFINITIONS.—In this section: (VI) advanced manufacturing to address
within 5 travel miles of a rest area, the Sec- (1) EERE.—The term ‘‘EERE’’ means the supply chain bottlenecks;
retary may authorize the State to permit Office of Energy Efficiency and Renewable (VII) new capabilities for testing of clinical
limited commercial activities for charging of Energy of the Department. and nonclinical samples;
electric vehicles within any distance of the (2) NNSA.—The term ‘‘NNSA’’ means the (VIII) understanding environmental fate
existing facility; and (3) for purposes of this National Nuclear Security Administration. and transport of viruses; and
proviso, the type and amount of the electric (3) OFFICE OF INTELLIGENCE AND COUNTER- (IX) discovery of potential therapeutics
vehicle service provided, including whether INTELLIGENCE.—The term ‘‘Office of Intel- through computation and molecular struc-
available technology meets current and pro- ligence and Counterintelligence’’ means the ture determination;
jected needs, are relevant to a demonstration Office of Intelligence and Counterintel- (H) support unclassified and classified re-
of sufficient capacity: Provided further, That ligence of the Department. search that harnesses the capabilities of the
nothing in the preceding two provisos shall (4) OFFICE OF SCIENCE.—The term ‘‘Office of National Laboratories to address advanced
permit commercial activities on rights-of- Science’’ means the Office of Science of the biological threats of national security sig-
way of the Interstate System, except as nec- Department. nificance through assessments and research
essary for the charging of electric vehicles in (5) PROGRAM.—The term ‘‘Program’’ means and development programs that—
accordance with this paragraph in this Act:’’ the National Laboratory Biotechnology Pro- (i) support the near- and long-term bio-
after ‘‘proviso:’’. gram established under subsection (b)(1). defense needs of the United States;
(6) WORKING GROUP.—The term ‘‘working (ii) support the national security commu-
SA 2457. Mrs. FEINSTEIN submitted group’’ means the working group established nity in reducing uncertainty and risk;
an amendment intended to be proposed under subsection (b)(2). (iii) enable greater access to top research-
dlhill on DSK120RN23PROD with SENATE
to amendment SA 2137 proposed by Mr. (b) NATIONAL LABORATORY BIOTECHNOLOGY ers and new and potentially transformative
PROGRAM.— ideas for biodefense of human, animal, plant,
SCHUMER (for Ms. SINEMA (for herself,
(1) IN GENERAL.—The Secretary shall estab- environment, and infrastructure assets (in-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- lish a National Laboratory Biotechnology cluding physical, cyber, and economic infra-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Program to integrate the resources of the structure); and
TESTER, Ms. MURKOWSKI, Mr. WARNER, Department, including the Office of Science, (iv) enable access to broad scientific and
and Mr. ROMNEY)) to the bill H.R. 3684, the Office of Intelligence and Counterintel- technical expertise and resources that will
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5785
lead to the development and deployment of ate and the Committee on Energy and Com- (c) FEDERAL POLICIES.—The Commission
innovative biodefense assessments and solu- merce of the House of Representatives. and the Attorney General shall ensure that
tions, including through— (B) CLASSIFIED INFORMATION.—If the stra- Federal policies promote equal access to ro-
(I) the accessing, monitoring, and evalua- tegic research plan developed under subpara- bust broadband internet access service by
tion of biological threats to reduce risk, in- graph (A)(ii) contains classified information, prohibiting deployment discrimination based
cluding through analysis and prioritization the plan— on—
of gaps and vulnerabilities across open- (i) shall be made publicly available and (1) the income level of an area;
source and classified data; submitted to the committees of Congress de- (2) the predominant race or ethnicity com-
(II) development of scientific and technical scribed in subparagraph (A)(ii) in an unclas- position of an area; or
roadmaps— sified format; and (3) other factors the Commission deter-
(aa) to address gaps and vulnerabilities; (ii) may, as part of the submission to those mines to be relevant based on the findings in
(bb) to inform analyses of technologies; committees of Congress only, include a clas- the record developed from the rulemaking
and sified annex containing any sensitive or clas- under subsection (b).
(cc) to accelerate the application of unclas- sified information, as necessary. (d) MODEL STATE AND LOCAL POLICIES.—
sified research to classified applications; and (6) INTERAGENCY COLLABORATION.—The The Commission shall develop model policies
(III) demonstration activities to enable de- working group may collaborate with the Sec- and best practices that can be adopted by
ployment, including— retary of Homeland Security, the Secretary States and localities to ensure that
(aa) threat signature development and val- of Health and Human Services, the Secretary broadband internet access service providers
idation; of Defense, the Secretary of Agriculture, the do not engage in digital redlining.
(bb) automated anomaly detection using Director, and the heads of other appropriate (e) COMPLAINTS.—
artificial intelligence and machine learning; Federal departments and agencies to ad- (1) IN GENERAL.—The Commission shall re-
(cc) fate and transport dynamics for pri- vance biotechnology research and develop- vise its public complaint process to accept
ority scenarios; ment under the Program. complaints from consumers or other mem-
(dd) data curation, access, storage, and se- (7) AUTHORIZATION OF APPROPRIATIONS.— bers of the public that relate to digital red-
curity at scale; and There are authorized to be appropriated to lining.
(ee) risk assessment tools; the Secretary to carry out this section, to (2) REPORTS.—The Commission shall pub-
(I) provide access to scientific user facili- remain available until expended— lish an annual report regarding complaints
ties and collaboration facilities with ad- (A) $30,000,000 for fiscal year 2022; that the Commission has received under
vanced or unique equipment, services, mate- (B) $40,000,000 for fiscal year 2023; paragraph (1) that identifies—
rials, and other resources to perform re- (C) $45,000,000 for fiscal year 2024; and (A) each provider of broadband internet ac-
search and testing; (D) $50,000,000 for each of fiscal years 2025 cess service that have been the subject of a
(J) establish a short-term exchange pro- and 2026. complaint;
gram under the Program for National Lab- (B) the status of each complaint; and
oratory staff and management to build con- SA 2460. Mr. LUJÁN (for himself, Mr. (C) any action taken by the Commission in
nections and awareness across the National response to a complaint.
Laboratory system;
PADILLA, Mr. BOOKER, Mrs. FEINSTEIN,
(K) support technology transfer and re- Mr. SCHATZ, Mr. BLUMENTHAL, and Mr.
SA 2461. Mr. MARSHALL (for himself
lated activities; and HEINRICH) submitted an amendment in-
and Mr. COTTON) submitted an amend-
(L) promote access and development across tended to be proposed to amendment
ment intended to be proposed to
the Federal Government and to United SA 2137 proposed by Mr. SCHUMER (for
States industry, including startup compa- amendment SA 2137 proposed by Mr.
Ms. SINEMA (for herself, Mr. PORTMAN,
nies, of early applications of the tech- SCHUMER (for Ms. SINEMA (for herself,
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
nologies, innovations, and expertise bene- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
ficial to the public that are derived from SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
Program activities. MURKOWSKI, Mr. WARNER, and Mr. ROM-
TESTER, Ms. MURKOWSKI, Mr. WARNER,
(4) STRENGTHENING INSTITUTIONAL RE- NEY)) to the bill H.R. 3684, to authorize
and Mr. ROMNEY)) to the bill H.R. 3684,
SEARCH AND PRIVATE PARTNERSHIPS.— funds for Federal-aid highways, high-
to authorize funds for Federal-aid high-
(A) IN GENERAL.—The working group shall, way safety programs, and transit pro-
to the maximum extent practicable, promote ways, highway safety programs, and
grams, and for other purposes; which
cooperative research and development ac- transit programs, and for other pur-
was ordered to lie on the table; as fol-
tivities under the Program, including col- poses; which was ordered to lie on the
lows:
laboration between appropriate industry and table; as follows:
academic institutions to promote innovation Strike section 60506 and insert the fol-
At the end of subtitle B of title I of divi-
and knowledge creation. lowing:
sion D add the following:
(B) ACCESSIBILITY OF INFORMATION.—The SEC. 60506. DIGITAL REDLINING.
SEC. 40128. FRAUD AND RELATED ACTIVITY IN
working group shall develop, maintain, and (a) STATEMENT OF POLICY.—It is the policy CONNECTION WITH CRITICAL IN-
publicize information on scientific user fa- of the United States that, insofar as tech- FRASTRUCTURE.
cilities and capabilities supported by labora- nically feasible— Section 1030(c) of title 18, United States
tories of the Department for combating bio- (1) subscribers should benefit from equal Code, is amended—
technology threats, which shall be accessible access to broadband internet access service (1) in paragraph (4)(G)(ii), by striking the
for use by individuals from academic institu- within the service area of a provider of such period at the end and inserting ‘‘; or’’; and
tions and industry. service; (2) by inserting after paragraph (4) the fol-
(C) ACADEMIC PARTICIPATION.—The working (2) the term ‘‘equal access’’, for purposes of lowing:
group shall, to the maximum extent prac- this section, means the equal opportunity to ‘‘(5) a fine under this title and imprison-
ticable— subscribe to an offered service that provides ment for not less than 30 years or for life, in
(i) conduct outreach about internship op- comparable speeds, capacities, latency, and the case of an offense that involves critical
portunities relating to activities under the other quality of service metrics in a given infrastructure (as defined in subsection (e) of
Program primarily to institutions of higher area, for comparable terms and conditions; the Critical Infrastructures Protection Act
education and minority-serving institutions and of 2001 (42 U.S.C. 5195c(e))).’’.
of higher education; (3) the Commission should take steps to
(ii) encourage the development of research ensure that all people of the United States SA 2462. Mr. MARKEY (for himself,
collaborations between research-intensive benefit from equal access to broadband inter- Mrs. GILLIBRAND, Mr. PADILLA, Mr.
universities and the institutions described in net access service. BLUMENTHAL, Mr. VAN HOLLEN, and Mr.
clause (i); and (b) ADOPTION OF RULES.—Not later than 2
MERKLEY) submitted an amendment in-
(iii) provide traineeships at the institu- years after the date of enactment of this
tions described in clause (i) to graduate stu- Act, the Commission shall adopt final rules tended to be proposed to amendment
dents who pursue a masters or doctoral de- to promote equal access to broadband inter- SA 2137 proposed by Mr. SCHUMER (for
gree in an academic field relevant to re- net access service, including— taking into Ms. SINEMA (for herself, Mr. PORTMAN,
search advanced under the Program. account the issue of technical feasibility pre- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
(5) EVALUATION AND PLAN.— sented by that objective, including— HEEN, Ms. COLLINS, Mr. TESTER, Ms.
(A) IN GENERAL.—Not less frequently than (1) identifying what constitutes digital red- MURKOWSKI, Mr. WARNER, and Mr. ROM-
dlhill on DSK120RN23PROD with SENATE
biennially, the Secretary shall— lining; NEY)) to the bill H.R. 3684, to authorize
(i) evaluate the activities carried out (2) identifying necessary steps for the Com-
funds for Federal-aid highways, high-
under the Program; and missions to take to eliminate digital red-
(ii) develop a strategic research plan under lining; and way safety programs, and transit pro-
the Program, which shall be made publicly (3) preventing discrimination of access grams, and for other purposes; which
available and submitted to the Committee based on income level, race, ethnicity, color, was ordered to lie on the table; as fol-
on Energy and Natural Resources of the Sen- religion, or national origin. lows:
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S5786 CONGRESSIONAL RECORD — SENATE August 3, 2021
At the end, add the following: paragraph (A), strike ‘‘consultation with the graph (A) that the Secretary determines to
DIVISION ll—IMPLEMENTATION Secretary of Homeland Security and’’ and in- be appropriate; and
SEC. ll00001. IMPLEMENTATION. sert ‘‘coordination with the Secretary of ‘‘(C) any other greenhouse gas emissions
Each Federal agency implementing a pro- Homeland Security and in consultation on public roads that the Secretary deter-
vision of this Act or an amendment made by with’’. mines to be appropriate.’’;
this Act (including any provision of any divi- In section 40121(c) of subtitle B of title I of (3) in subsection (d)—
sion of this Act or an amendment made by division D, in the matter preceding para- (A) in paragraph (1)—
any division of this Act) shall implement the graph (1), strike ‘‘consultation with the Sec- (i) by striking ‘‘Not later than 1 year after
provision or amendment— retary of Homeland Security and’’ and insert the Secretary has promulgated the final
(1) in a manner consistent with the best ‘‘coordination with the Secretary of Home- rulemaking under subsection (c), each’’ and
available scientific assessments of global cli- land Security and in consultation with’’. inserting ‘‘Each’’; and
mate change; and In section 40122(b) of subtitle B of title I of (ii) by striking ‘‘and (6)’’ and inserting ‘‘(6),
(2) to achieve appropriate greenhouse gas division D, strike ‘‘consultation with the and (7)’’; and
emission reductions. Secretary of Homeland Security and’’ and in-
(B) by adding at the end the following:
sert ‘‘coordination with the Secretary of
‘‘(3) IMPROVING TARGETS.—
SA 2463. Mr. MARKEY (for himself, Homeland Security and in consultation
‘‘(A) IN GENERAL.—A State shall establish
Mrs. GILLIBRAND, Mr. PADILLA, Mr. with’’.
In section 40122(c) of subtitle B of title I of an improving target for the measures de-
BLUMENTHAL, Mr. VAN HOLLEN, and Mr. division D, in the matter preceding para- scribed under paragraph (7) of subsection (c).
MERKLEY) submitted an amendment in- graph (1), strike ‘‘consultation with the Sec- ‘‘(B) IMPROVING TARGET DEFINED.—In this
tended to be proposed to amendment retary of Homeland Security and’’ and insert paragraph, the term ‘improving target’
SA 2137 proposed by Mr. SCHUMER (for ‘‘coordination with the Secretary of Home- means a target that represents an improve-
Ms. SINEMA (for herself, Mr. PORTMAN, land Security and in consultation with’’. ment over baseline conditions for a par-
In section 40124(b) of subtitle B of title I of ticular measure.
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
division D, strike ‘‘consultation with the ‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.—
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
Secretary of Homeland Security,’’ and insert In the case of a State that fails to make sig-
MURKOWSKI, Mr. WARNER, and Mr. ROM- ‘‘coordination with the Secretary of Home- nificant progress toward meeting the targets
NEY)) to the bill H.R. 3684, to authorize land Security and in consultation with’’. established under subsection (c)(7), the Sec-
funds for Federal-aid highways, high- In section 40125(b)(1) of subtitle B of title I retary shall limit the ability of that State to
way safety programs, and transit pro- of division D, in the matter preceding sub- apply the authority under section 126 with
grams, and for other purposes; which paragraph (A), strike ‘‘consultation with the respect to funds apportioned under section
was ordered to lie on the table; as fol- Secretary of Homeland Security and’’ and in- 104(b)(7).’’;
lows: sert ‘‘coordination with the Secretary of (4) in subsection (e), in the matter pre-
Homeland Security and in consultation ceding paragraph (1)—
At the end, at the following:
with’’. (A) by striking ‘‘Not later than 4 years
DIVISION l—REQUIRED REPORT In section 40125(d)(1) of subtitle B of title I after the date of enactment of the MAP–21
SEC. ll0001. REPORT. of division D, in the matter preceding sub- and biennially thereafter, a’’ and inserting
Not later than 18 months after the date of paragraph (A), strike ‘‘consultation’’ and in- ‘‘A’’; and
enactment of this Act, the Chair of the sert ‘‘coordination’’. (B) by inserting ‘‘biennial’’ after ‘‘the Sec-
Council on Environmental Quality, in con- retary a’’; and
sultation with the Federal agencies carrying SA 2465. Mr. CARDIN submitted an (5) by adding at the end the following:
out the provisions of this Act or an amend- amendment intended to be proposed to
ment made by this Act (including any provi- ‘‘(f) SAVINGS CLAUSE.—The requirement
amendment SA 2137 proposed by Mr.
sion of any division of this Act or an amend- under subsection (d)(3) shall apply to States
SCHUMER (for Ms. SINEMA (for herself,
ment made by any division of this Act) and beginning on the date that is 1 year before
the head of any other relevant Federal agen-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the subsequent State target and reporting
cy (as determined by the President), shall SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
deadlines related to safety performance man-
submit to Congress a report that describes— TESTER, Ms. MURKOWSKI, Mr. WARNER, agement established pursuant to this sec-
(1) the actual and estimated climate and and Mr. ROMNEY)) to the bill H.R. 3684, tion.’’.
economic benefits of full implementation of to authorize funds for Federal-aid high-
this Act or an amendment made by this Act ways, highway safety programs, and
(including any provision of any division of transit programs, and for other pur- SA 2466. Mr. CRUZ submitted an
this Act or an amendment made by any divi- poses; which was ordered to lie on the amendment intended to be proposed to
sion of this Act);
(2) how implementation of, and funding
table; as follows: amendment SA 2137 proposed by Mr.
provided under, this Act or an amendment At the end of subtitle B of title I of divi- SCHUMER (for Ms. SINEMA (for herself,
made by this Act (including any provision of sion A, add the following: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
any division of this Act or an amendment SEC. 11207. NATIONAL GOALS AND PERFORM-
ANCE MEASURES. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
made by any division of this Act) will help
the United States reach the climate goals of (a) IN GENERAL.—Section 150 of title 23, TESTER, Ms. MURKOWSKI, Mr. WARNER,
the United States; and United States Code, is amended— and Mr. ROMNEY)) to the bill H.R. 3684,
(3) any gaps in the Federal regulatory (1) in subsection (b)— to authorize funds for Federal-aid high-
framework and funding programs in exist- (A) in paragraph (1), by inserting ‘‘or elimi-
ways, highway safety programs, and
ence on the date of enactment of this Act nation’’ after ‘‘significant reduction’’;
(B) by redesignating paragraph (7) as para- transit programs, and for other pur-
that need to be modified to put the United
States on a pathway to achieve net-zero graph (8); and poses; which was ordered to lie on the
emissions of greenhouse gases by not later (C) by inserting after paragraph (6) the fol- table; as follows:
than 2050. lowing:
‘‘(7) COMBATING CLIMATE CHANGE.—To re- Strike section 80603.
SA 2464. Mr. PETERS (for himself, duce carbon dioxide and other greenhouse
Mr. ROUNDS, Mr. PORTMAN, and Mr. gas emissions and reduce the climate im-
pacts of the transportation system.’’; SA 2467. Mr. CRUZ submitted an
WARNER) submitted an amendment in-
(2) in subsection (c)— amendment intended to be proposed to
tended to be proposed to amendment
(A) in paragraph (1), by striking ‘‘Not later amendment SA 2137 proposed by Mr.
SA 2137 proposed by Mr. SCHUMER (for than 18 months after the date of enactment
Ms. SINEMA (for herself, Mr. PORTMAN, SCHUMER (for Ms. SINEMA (for herself,
of the MAP–21, the Secretary’’ and inserting
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- ‘‘The Secretary’’; and
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
HEEN, Ms. COLLINS, Mr. TESTER, Ms. (B) by adding at the end the following: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
MURKOWSKI, Mr. WARNER, and Mr. ROM- ‘‘(7) CARBON REDUCTION PROGRAM.—For the TESTER, Ms. MURKOWSKI, Mr. WARNER,
NEY)) to the bill H.R. 3684, to authorize purposes of carrying out section 175, the Sec- and Mr. ROMNEY)) to the bill H.R. 3684,
funds for Federal-aid highways, high- retary shall establish, in consultation with
to authorize funds for Federal-aid high-
dlhill on DSK120RN23PROD with SENATE
the Administrator of the Environmental
way safety programs, and transit pro- ways, highway safety programs, and
Protection Agency, measures for States to
grams, and for other purposes; which use to assess— transit programs, and for other pur-
was ordered to lie on the table; as fol- ‘‘(A) carbon dioxide emissions per capita poses; which was ordered to lie on the
lows: on public roads; table; as follows:
In section 40121(b)(1) of subtitle B of title I ‘‘(B) carbon dioxide emissions using dif-
of division D, in the matter preceding sub- ferent parameters than described in subpara- At the end of division I, add the following:
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August 3, 2021 CONGRESSIONAL RECORD — SENATE CORRECTION S5787
SEC. 90009. REVIEW BY COMMITTEE ON FOREIGN (3) by adding at the end the following: SA 2468. Mr. CRUZ submitted an
INVESTMENT IN THE UNITED ‘‘(VI) with respect to covered transactions amendment intended to be proposed to
STATES OF REAL ESTATE PUR- described in subsection (a)(4)(B)(vi), to the
CHASES OR LEASES NEAR MILITARY
amendment SA 2137 proposed by Mr.
members of the Senate from the State in SCHUMER (for Ms. SINEMA (for herself,
INSTALLATIONS OR MILITARY AIR-
which the military installation, military
SPACE.
training route, special use airspace, con-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(a) INCLUSION IN DEFINITION OF COVERED SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
trolled firing area, or military operations
TRANSACTION.—Section 721(a)(4) of the De- TESTER, Ms. MURKOWSKI, Mr. WARNER,
fense Production Act of 1950 (50 U.S.C. area is located, and the member from the
Congressional District in which such instal- and Mr. ROMNEY)) to the bill H.R. 3684,
4565(a)(4)) is amended—
(1) in subparagraph (A)— lation, route, airspace, or area is located.’’. to authorize funds for Federal-aid high-
(d) LIMITATION ON APPROVAL OF ENERGY ways, highway safety programs, and
(A) in clause (i), by striking ‘‘; and’’ and in-
PROJECTS RELATED TO REVIEWS CONDUCTED transit programs, and for other pur-
serting a semicolon;
BY COMMITTEE ON FOREIGN INVESTMENT IN poses; which was ordered to lie on the
(B) in clause (ii), by striking the period at
THE UNITED STATES.—
the end and inserting ‘‘; and’’; and table; as follows:
(1) REVIEW BY SECRETARY OF DEFENSE.—
(C) by adding at the end the following: On page 2675, line 21, strike the period and
Section 183a of title 10, United States Code,
‘‘(iii) any transaction described in subpara- insert the following: ‘‘: Provided further,
is amended—
graph (B)(vi) that is proposed, pending, or That, notwithstanding any other provision
(A) by redesignating subsections (f), (g),
completed on or after the date of the enact- of this Act, of the amounts made available
ment of the Protecting Military Installa- and (h) as subsections (g), (h), and (i), respec-
under this heading and under the heading
tions and Ranges Act of 2021.’’; and tively; and
‘National Network Grants to the National
(2) in subparagraph (B), by adding at the (B) by inserting after subsection (e) the fol-
Railroad Passenger Corporation’ in this Act,
end the following: lowing new subsection (f):
‘‘(f) SPECIAL RULE RELATING TO REVIEW BY $150,000,000 shall be made available to the
‘‘(vi) Notwithstanding clause (ii) or sub- Secretary of Defense to modify or improve
COMMITTEE ON FOREIGN INVESTMENT OF THE
paragraph (C), the purchase or lease by, or a the infrastructure necessary to expedite the
UNITED STATES.—(1) If, during the period
concession to, a foreign person of private or deployment of heavy armored divisions and
during which the Department of Defense is
public real estate— associated equipment from United States
reviewing an application for an energy
‘‘(I) that is located in the United States military installations to naval ports by
project filed with the Secretary of Transpor-
and within— rail.’’.
tation under section 44718 of title 49, the pur-
‘‘(aa) 100 miles of a military installation
chase, lease, or concession of real property
(as defined in section 2801(c)(4) of title 10, SA 2469. Mr. CRUZ submitted an
on which the project is planned to be located
United States Code); or amendment intended to be proposed to
is under review or investigation by the Com-
‘‘(bb) 50 miles of— amendment SA 2137 proposed by Mr.
mittee on Foreign Investment in the United
‘‘(AA) a military training route (as defined SCHUMER (for Ms. SINEMA (for herself,
States under section 721 of the Defense Pro-
in section 183a(h) of title 10, United States
duction Act of 1950 (50 U.S.C. 4565), the Sec- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
Code);
‘‘(BB) airspace designated as special use
retary of Defense— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(A) may not complete review of the TESTER, Ms. MURKOWSKI, Mr. WARNER,
airspace under part 73 of title 14, Code of
project until the Committee concludes ac- and Mr. ROMNEY)) to the bill H.R. 3684,
Federal Regulations (or a successor regula-
tion under such section 721 with respect to to authorize funds for Federal-aid high-
tion), and managed by the Department of De-
fense; the purchase, lease, or concession; and
‘‘(B) shall notify the Secretary of Trans-
ways, highway safety programs, and
‘‘(CC) a controlled firing area (as defined in transit programs, and for other pur-
section 1.1 of title 14, Code of Federal Regu- portation of the delay.
‘‘(2) If the Committee on Foreign Invest- poses; which was ordered to lie on the
lations (or a successor regulation)) used by
ment in the United States determines that table; as follows:
the Department of Defense; or
the purchase, lease, or concession of real Strike section 40436 of subtitle C of title IV
‘‘(DD) a military operations area (as de-
property on which an energy project de- of division D and insert the following:
fined in section 1.1 of title 14, Code of Fed-
scribed in paragraph (1) is planned to be lo- SEC. 40436.
STUDY ON IMPACT OF FORCED
eral Regulations (or a successor regulation));
cated threatens to impair the national secu- LABOR IN CHINA ON THE ELECTRIC
and
rity of the United States and refers the pur- VEHICLE SUPPLY CHAIN.
‘‘(II) if the foreign person is owned or con-
chase, lease, or concession to the President (a) IN GENERAL.—Not later than 120 days
trolled by, is acting for or on behalf of, or re-
for further action under section 721(d) of the after the date of enactment of this Act, the
ceives subsidies from—
Defense Production Act of 1950 (50 U.S.C. Secretary, in coordination with the Sec-
‘‘(aa) the Government of the Russian Fed-
4565(d)), the Secretary of Defense shall— retary of State and the Secretary of Com-
eration;
‘‘(A) find under subsection (e)(1) that the merce, shall study, and submit to Congress a
‘‘(bb) the Government of the People’s Re-
project would result in an unacceptable risk report describing, the impact of forced labor
public of China;
to the national security of the United in China on the electric vehicle supply chain.
‘‘(cc) the Government of the Islamic Re- (b) PROHIBITION.—Notwithstanding any
States; and
public of Iran; or other provision of law and subject to sub-
‘‘(dd) the Government of the Democratic ‘‘(B) transmit that finding to the Secretary
of Transportation for inclusion in the report section (c), no funds shall be expended for
People’s Republic of Korea.’’. the purchase or import of—
(b) MANDATORY UNILATERAL INITIATION OF required under section 44718(b)(2) of title
49.’’. (1) significant goods, wares, articles, or
REVIEWS.—Section 721(b)(1)(D) of the Defense
Production Act of 1950 (50 U.S.C. (2) REVIEW BY SECRETARY OF TRANSPOR- merchandise mined, produced, or manufac-
4565(b)(1)(D)) is amended— TATION.—Section 44718 of title 49, United tured wholly or in part in the Xinjiang
(1) in clause (iii), by redesignating sub- States Code, is amended— Uyghur Autonomous Region of the People’s
clauses (I), (II), and (III) as items (aa), (bb), (A) by redesignating subsection (h) as sub- Republic of China to be used for the produc-
and (cc), respectively, and by moving such section (i); and tion of electric vehicles; or
items, as so redesignated, 2 ems to the right; (B) by inserting after subsection (g) the (2) electric vehicles that incorporate, or
(2) by redesignating clauses (i), (ii), and following new subsection: are otherwise produced using, items de-
(iii) as subclauses (I), (II), and (III), respec- ‘‘(h) SPECIAL RULE RELATING TO REVIEW BY scribed in paragraph (1).
tively, and by moving such subclauses, as so COMMITTEE ON FOREIGN INVESTMENT OF THE (c) EXPIRATION OF PROHIBITION.—The prohi-
redesignated, 2 ems to the right; and UNITED STATES.—The Secretary of Transpor- bition described in subsection (b) shall expire
(3) by striking ‘‘Subject to’’ and inserting tation may not issue a determination pursu- on a date not earlier than the date on
the following: ant to this section with respect to a proposed which—
‘‘(i) IN GENERAL.—Subject to’’; and structure to be located on real property the (1) the report required by subsection (a) is
(4) by adding at the end the following: purchase, lease, or concession of which is submitted, if that report concludes that
‘‘(ii) MANDATORY UNILATERAL INITIATION OF under review or investigation by the Com- forced labor in China does not have a signifi-
cant impact on the electric vehicle supply
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
CERTAIN TRANSACTIONS.—The Committee mittee on Foreign Investment in the United
shall initiate a review under subparagraph States under section 721 of the Defense Pro- chain; and
(A) of a covered transaction described in sub- duction Act of 1950 (50 U.S.C. 4565) until— (2) the Secretary certifies to the relevant
section (a)(4)(B)(vi).’’. ‘‘(1) the Committee concludes action under committees of Congress that the report sub-
(c) CERTIFICATIONS TO CONGRESS.—Section such section 721 with respect to the pur- mitted under subsection (a) accurately as-
721(b)(3)(C)(iii) of the Defense Production Act chase, lease, or concession; and sesses the impact of forced labor in China on
of 1950 (50 U.S.C. 4565(b)(3)(C)(iii)) is amend- ‘‘(2) the Secretary of Defense— the electric vehicle supply chain.
ed— ‘‘(A) issues a finding under section 183a(e)
(1) in subclause (IV), by striking ‘‘; and’’ of title 10; or SA 2470. Mr. VAN HOLLEN (for him-
and inserting a semicolon; ‘‘(B) advises the Secretary of Transpor- self and Mr. KAINE) submitted an
(2) in subclause (V), by striking the period tation that no finding under section 183a(e) amendment intended to be proposed to
at the end and inserting ‘‘; and’’; and of title 10 will be forthcoming.’’. amendment SA 2137 proposed by Mr.
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S5788 CORRECTION CONGRESSIONAL RECORD — SENATE August 3, 2021
SCHUMER (for Ms. SINEMA (for herself, way safety programs, and transit pro- SCHUMER (for Ms. SINEMA (for herself,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- grams, and for other purposes; which Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. was ordered to lie on the table; as fol- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
TESTER, Ms. MURKOWSKI, Mr. WARNER, lows: TESTER, Ms. MURKOWSKI, Mr. WARNER,
and Mr. ROMNEY)) to the bill H.R. 3684, On page 2489, line 9, insert ‘‘Provided fur- and Mr. ROMNEY)) to the bill H.R. 3684,
to authorize funds for Federal-aid high- ther, That in selecting projects under the to authorize funds for Federal-aid high-
ways, highway safety programs, and previous proviso, the Secretary of the Army ways, highway safety programs, and
transit programs, and for other pur- shall prioritize projects with overriding life- transit programs, and for other pur-
poses; which was ordered to lie on the safety benefits:’’ after ‘‘purpose:’’. poses; which was ordered to lie on the
table; as follows: SA 2474. Mr. ROUNDS (for Mr. table; as follows:
At the appropriate place in title III of divi- INHOFE) submitted an amendment in- On page 2631, line 7, insert ‘‘:Provided fur-
sion B, insert the following: ther, That funds made available under this
tended to be proposed to amendment
SEC. 23lll. FEDERAL AUTHORITY OVER INTRA- paragraph may be used for projects to im-
STATE TRANSPORTATION. SA 2137 proposed by Mr. SCHUMER (for prove, construct, and rehabilitate aircraft
Section 14501(c)(2)(C) of title 49, United Ms. SINEMA (for herself, Mr. PORTMAN, hangars’’ after ‘‘this Act’’.
States Code, is amended by striking ‘‘per- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- f
formed without the prior consent or author- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
ization of the owner or operator of the motor MURKOWSKI, Mr. WARNER, and Mr. ROM- AUTHORITY FOR COMMITTEES TO
vehicle’’. NEY)) to the bill H.R. 3684, to authorize MEET
funds for Federal-aid highways, high- Mr. DURBIN. Mr. President, I have 12
SA 2471. Mr. ROUNDS (for Mr.
way safety programs, and transit pro- requests for committees to meet during
INHOFE) submitted an amendment in-
grams, and for other purposes; which today’s session of the Senate. They
tended to be proposed to amendment
was ordered to lie on the table; as fol- have the approval of the Majority and
SA 2137 proposed by Mr. SCHUMER (for
lows: Minority leaders.
Ms. SINEMA (for herself, Mr. PORTMAN,
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- At the end of section 11312, add the fol- Pursuant to rule XXVI, paragraph
lowing: 5(a), of the Standing Rules of the Sen-
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
(c) CATEGORICAL EXCLUSION DETERMINATION ate, the following committees are au-
MURKOWSKI, Mr. WARNER, and Mr. ROM- PROCESS.—
NEY)) to the bill H.R. 3684, to authorize thorized to meet during today’s session
(1) IN GENERAL.—Not later than 1 year after
funds for Federal-aid highways, high- the date of enactment of this Act, the Sec- of the Senate:
way safety programs, and transit pro- retary shall revise the process for deter- COMMITTEE ON ARMED SERVICES
grams, and for other purposes; which mining whether a project qualifies for a cat- The Committee on Armed Services is
was ordered to lie on the table; as fol- egorical exclusion under section 771.117 of authorized to meet during the session
lows: title 23, Code of Federal Regulations (or suc- of the Senate on Tuesday, August 03,
cessor regulations).
On page 2486, line 14, strike ‘‘Provided’’ and 2021, at 9:30 a.m., to conduct a hearing
(2) REQUIREMENT.—The revised process
all that follows through ‘‘proviso:’’ on line 21 under paragraph (1) shall minimize the pe- on nominations.
and insert the following: ‘‘Provided further, riod of review and quantity of paperwork re- COMMITTEE ON BANKING, HOUSING, AND URBAN
That of the amount provided under this quired to make a determination described in AFFAIRS
heading in this Act, $2,500,000,000 shall be for that paragraph. The Committee on Banking, Housing,
construction, replacement, rehabilitation,
and expansion of inland waterways projects: and Urban Affairs is authorized to
SA 2475. Mr. LANKFORD submitted meet during the session of the Senate
Provided further, That section 102(a) of the
an amendment intended to be proposed on Tuesday, August 03, 2021, at 10 a.m.,
Water Resources Development Act of 1986
(Public Law 99–662; 33 U.S.C. 2212(a)) and sec- to amendment SA 2137 proposed by Mr. to conduct a hearing on a nomination.
tion 109 of the Water Resources Development SCHUMER (for Ms. SINEMA (for herself, COMMITTEE ON BANKING, HOUSING, AND URBAN
Act of 2020 (Public Law 116–260; 134 Stat. 2624) Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- AFFAIRS
shall not apply to the extent that such SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
The Committee on Banking, Housing,
projects are carried out using funds provided TESTER, Ms. MURKOWSKI, Mr. WARNER,
in the preceding proviso:’’. and Urban Affairs is authorized to
and Mr. ROMNEY)) to the bill H.R. 3684, meet during the session of the Senate
to authorize funds for Federal-aid high- on Tuesday, August 03, 2021, at 10 a.m.,
SA 2472. Mr. ROUNDS (for Mr. ways, highway safety programs, and
INHOFE) submitted an amendment in- to conduct an oversight hearing.
transit programs, and for other pur-
tended to be proposed to amendment COMMITTEE ON ENERGY AND NATURAL
poses; which was ordered to lie on the RESOURCES
SA 2137 proposed by Mr. SCHUMER (for table; as follows:
Ms. SINEMA (for herself, Mr. PORTMAN, The Committee on Energy and Nat-
Strike section 40106 of subtitle A of title I
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- ural Resources is authorized to meet
of division D.
HEEN, Ms. COLLINS, Mr. TESTER, Ms. during the session of the Senate on
MURKOWSKI, Mr. WARNER, and Mr. ROM- SA 2476. Mr. LANKFORD submitted Tuesday, August 03, 2021, at 10 a.m., to
NEY)) to the bill H.R. 3684, to authorize an amendment intended to be proposed conduct a hearing nominations.
funds for Federal-aid highways, high- to amendment SA 2137 proposed by Mr. COMMITTEE ON FOREIGN RELATIONS
way safety programs, and transit pro- SCHUMER (for Ms. SINEMA (for herself, The Committee on Foreign Relations
grams, and for other purposes; which Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- is authorized to meet during the ses-
was ordered to lie on the table; as fol- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. sion of the Senate on Tuesday, August
lows: TESTER, Ms. MURKOWSKI, Mr. WARNER, 03, 2021, at 10 a.m., to conduct a hear-
On page 2627, line 19, insert ‘‘Provided fur- and Mr. ROMNEY)) to the bill H.R. 3684, ing.
ther, That the Secretary of Transportation to authorize funds for Federal-aid high- COMMITTEE ON HEALTH, EDUCATION, LABOR,
shall prioritize air traffic control facilities ways, highway safety programs, and AND PENSIONS
over 60 years of age and with over 300,000 transit programs, and for other pur- The Committee on Health, Edu-
total terminal operations handled in fiscal
poses; which was ordered to lie on the cation, Labor, and Pensions is author-
year 2019:’’ after ‘‘contract tower program:’’.
table; as follows: ized to meet during the session of the
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
SA 2473. Mr. ROUNDS (for Mr. On page 84, strike lines 12 through 24 and Senate on Tuesday, August 03, 2021, at
INHOFE) submitted an amendment in- insert the following: 12 p.m., to conduct a hearing nomina-
tended to be proposed to amendment ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside tions.
under this subsection may be obligated for
SA 2137 proposed by Mr. SCHUMER (for COMMITTEE ON HOMELAND SECURITY AND
repair of deficient bridges or other highway
Ms. SINEMA (for herself, Mr. PORTMAN, projects designated by a state as high pri-
GOVERNMENTAL AFFAIRS
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- ority safety projects.’’; The Committee on Homeland Secu-
HEEN, Ms. COLLINS, Mr. TESTER, Ms. rity and Governmental Affairs is au-
MURKOWSKI, Mr. WARNER, and Mr. ROM- SA 2477. Mr. LANKFORD submitted thorized to meet during the session of
NEY)) to the bill H.R. 3684, to authorize an amendment intended to be proposed the Senate on Tuesday, August 03, 2021,
funds for Federal-aid highways, high- to amendment SA 2137 proposed by Mr. at 10 a.m., to conduct a hearing.
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