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Congressional Record, Senate, August 5, 2021, Page S5960

Summary

A page of the Congressional Record, Senate, dated August 5, 2021, at page S5960, carrying amendment text intended to be proposed to the highway and transit authorization bill H.R. 3684. The text would allow registration under the Controlled Substances Act for medical research for drug development, with definitions of a drug and of medical research, and would require the Attorney General, not later than 60 days after receiving a complete application, to approve it or request supplemental information. The page also lists SA 2625, submitted by Mr. Schumer, and SA 2626, submitted by Mr. Schumer to amendment SA 2625.

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“Congressional Record, Senate, August 5, 2021, Page S5960.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-05-crec-2021-08-05-pt1-pgs5960-9f65131291/, SHA-256 fbdad3d38cf48ae826790fb46416e91f9b0170bcc89c74baabfeb0aa3f83f9f2.

Full text

                                               S5960                                             CONGRESSIONAL RECORD — SENATE                                                          August 5, 2021
                                               amendment SA 2137 proposed by Mr. SCHU-                   (ii) is an accredited medical school or an           or authority described in such subparagraph
                                               MER (for Ms. SINEMA (for herself, Mr.                   accredited school of osteopathic medicine;             (A).
                                               PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.                 and                                                       ‘‘(iii)(I) Not later than 60 days after the
                                               SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-                (B) is appropriately registered under the            date on which the Attorney General receives
                                               KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to                 Controlled Substances Act (21 U.S.C. 801 et            a complete application for registration under
                                               the bill H.R. 3684, supra; which was ordered            seq.);                                                 this subparagraph, the Attorney General
                                               to lie on the table.                                      (5) the term ‘‘drug’’ has the meaning given          shall—
                                                 SA 2625. Mr. SCHUMER submitted an                     the term in section 201(g)(1) of the Federal              ‘‘(aa) approve the application; or
                                               amendment intended to be proposed by him                Food, Drug, and Cosmetic Act (21 U.S.C.                   ‘‘(bb) request supplemental information.
                                               to the bill H.R. 3684, supra; which was or-             321(g)(1));                                               ‘‘(II) For purposes of subclause (I), an ap-
                                               dered to lie on the table.                                (6) the term ‘‘medical research for drug de-         plication shall be deemed complete when the
                                                 SA 2626. Mr. SCHUMER submitted an                     velopment’’ means medical research that                applicant has submitted documentation
                                               amendment intended to be proposed to                    is—                                                    showing that the requirements under clause
                                               amendment SA 2625 submitted by Mr. SCHU-                  (A) a preclinical study or clinical inves-           (i) are satisfied.
                                               MER and intended to be proposed to the bill             tigation conducted in accordance with sec-                ‘‘(iv) Not later than 30 days after the date
                                               H.R. 3684, supra; which was ordered to lie on           tion 505(i) of the Federal Food, Drug, and             on which the Attorney General receives sup-
                                               the table.                                              Cosmetic Act (21 U.S.C. 355(i)) or otherwise           plemental information as described in clause
                                                 SA 2627. Mr. WARNER (for himself, Mr.                 permitted by the Department of Health and              (iii)(I)(bb) in connection with an application
                                               PORTMAN, and Ms. SINEMA) submitted an                   Human Services to determine the potential              described in this subparagraph, the Attorney
                                               amendment intended to be proposed to                    medical      benefits   of    marihuana     or         General shall approve or deny the applica-
                                               amendment SA 2137 proposed by Mr. SCHU-                 cannabidiol as a drug; and                             tion.
                                               MER (for Ms. SINEMA (for herself, Mr.                     (B) conducted by a covered institution of               ‘‘(v) If an application described in this sub-
                                               PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.                 higher education, practitioner, or manufac-            paragraph is denied, the Attorney General
                                               SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-              turer that is appropriately registered under           shall provide a written explanation of the
                                               KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to                 the Controlled Substances Act (21 U.S.C. 801           basis of denial to the applicant.’’.
                                               the bill H.R. 3684, supra; which was ordered            et seq.); and                                          SEC. 25122. RESEARCH PROTOCOLS.
                                               to lie on the table.                                      (7) the term ‘‘State’’ means any State of              (a) IN GENERAL.—Paragraph (2)(B) of sec-
                                                                                                       the United States, the District of Columbia,           tion 303(f) of the Controlled Substances Act
                                                                f                                                                                             (21 U.S.C. 823(f)), as amended by section 25121
                                                                                                       and any territory of the United States.
                                                      TEXT OF AMENDMENTS                                    CHAPTER 1—REGISTRATIONS FOR                       of this Act, is further amended by adding at
                                                                                                                   MARIHUANA RESEARCH                         the end the following:
                                                 SA 2574. Mrs. FEINSTEIN (for her-                                                                              ‘‘(vi)(I) If the Attorney General grants an
                                               self, Mr. GRASSLEY, and Mr. SCHATZ)                     SEC. 25121. MARIHUANA RESEARCH APPLICA-                application for registration under clause (i),
                                                                                                                  TIONS.
                                               submitted an amendment intended to                                                                             the registrant may amend or supplement the
                                                                                                         Section 303(f) of the Controlled Substances          research protocol without reapplying if the
                                               be proposed to amendment SA 2137 pro-
                                                                                                       Act (21 U.S.C. 823(f)) is amended—                     registrant does not change—
                                               posed by Mr. SCHUMER (for Ms. SINEMA                      (1) by redesignating paragraphs (1) through
                                               (for   herself,   Mr.    PORTMAN,      Mr.                                                                       ‘‘(aa) the quantity or type of drug;
                                                                                                       (5) as subparagraphs (A) through (E), respec-            ‘‘(bb) the source of the drug; or
                                               MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,                     tively;                                                  ‘‘(cc) the conditions under which the drug
                                               Ms. COLLINS, Mr. TESTER, Ms. MUR-                         (2) by striking ‘‘(f) The Attorney General’’         is stored, tracked, or administered.
                                               KOWSKI, Mr. WARNER, and Mr. ROMNEY))                    and inserting ‘‘(f)(1) The Attorney General’’;           ‘‘(II)(aa) If a registrant under clause (i)
                                               to the bill H.R. 3684, to authorize funds                 (3) by striking ‘‘Registration applications’’        seeks to change the type of drug, the source
                                               for Federal-aid highways, highway                       and inserting the following:                           of the drug, or conditions under which the
                                                                                                         ‘‘(2)(A) Registration applications’’;                drug is stored, tracked, or administered, the
                                               safety programs, and transit programs,                    (4) by striking ‘‘Article 7’’ and inserting
                                               and for other purposes; which was or-                                                                          registrant shall notify the Attorney General
                                                                                                       the following:                                         via registered mail, or an electronic means
                                               dered to lie on the table; as follows:                    ‘‘(3) Article 7’’; and                               permitted by the Attorney General, not later
                                                 On page 1200, strike line 9, and all that fol-          (5) by inserting after paragraph (2)(A), as          than 30 days before implementing an amend-
                                               lows through page 1202, line 10, and insert             so designated, the following:                          ed or supplemental research protocol.
                                               the following:                                            ‘‘(B)(i) The Attorney General shall register           ‘‘(bb) A registrant may proceed with an
                                                  Subtitle B—Cannabidiol and Marihuana                 a practitioner to conduct research with mar-           amended or supplemental research protocol
                                                            Research Expansion                         ihuana if—                                             described in item (aa) if the Attorney Gen-
                                                                                                         ‘‘(I) the applicant’s research protocol—             eral does not explicitly object during the 30-
                                               SEC. 25101. SHORT TITLE.
                                                                                                         ‘‘(aa) has been reviewed and allowed—                day period beginning on the date on which
                                                 This subtitle may be cited as the                       ‘‘(AA) by the Secretary of Health and
                                               ‘‘Cannabidiol and Marihuana Research Ex-                                                                       the Attorney General receives the notice
                                                                                                       Human Services under section 505(i) of the             under item (aa).
                                               pansion Act’’.                                          Federal Food, Drug, and Cosmetic Act (21                 ‘‘(cc) The Attorney General may only ob-
                                               SEC. 25102. DEFINITIONS.                                U.S.C. 355(i));                                        ject to an amended or supplemental research
                                                 In this subtitle—                                       ‘‘(BB) by the National Institutes of Health          protocol under this subclause if additional
                                                 (1) the term ‘‘appropriately registered’’             or another Federal agency that funds sci-              security measures are needed to safeguard
                                               means that an individual or entity is reg-              entific research; or                                   against diversion or abuse.
                                               istered under the Controlled Substances Act               ‘‘(CC) pursuant to sections 1301.18 and                ‘‘(dd) If a registrant under clause (i) seeks
                                               (21 U.S.C. 801 et seq.) to engage in the type of        1301.32 of title 21, Code of Federal Regula-           to address additional security measures iden-
                                               activity that is carried out by the individual          tions, or any successors thereto; and                  tified by the Attorney General under item
                                               or entity with respect to a controlled sub-               ‘‘(II) the applicant has demonstrated to the         (cc), the registrant shall notify the Attorney
                                               stance on the schedule that is applicable to            Attorney General that there are effective              General via registered mail, or an electronic
                                               cannabidiol or marihuana, as applicable;                procedures in place to adequately safeguard            means permitted by the Attorney General,
                                                 (2) the term ‘‘cannabidiol’’ means—                   against diversion of the controlled substance          not later than 30 days before implementing
                                                 (A) the substance, cannabidiol, as derived            for legitimate medical or scientific use pur-          an amended or supplemental research pro-
                                               from marihuana that has a delta-9-                      suant to section 25125 of the Cannabidiol and          tocol.
                                               tetrahydrocannabinol level that is greater              Marihuana Research Expansion Act, includ-                ‘‘(ee) A registrant may proceed with an
                                               than 0.3 percent; and                                   ing demonstrating that the security meas-              amended or supplemental research protocol
                                                 (B) the synthetic equivalent of the sub-              ures are adequate for storing the quantity of          described in item (dd) if the Attorney Gen-
                                               stance described in subparagraph (A);                   marihuana the applicant would be author-               eral does not explicitly object during the 30-
                                                 (3) the terms ‘‘controlled substance’’, ‘‘dis-        ized to possess.                                       day period beginning on the date on which
                                               pense’’, ‘‘distribute’’, ‘‘manufacture’’, ‘‘mari-         ‘‘(ii) The Attorney General may deny an              the Attorney General receives the notice
                                               huana’’, and ‘‘practitioner’’ have the mean-            application for registration under this sub-           under item (dd).
                                               ings given such terms in section 102 of the             paragraph only if the Attorney General de-               ‘‘(III)(aa) If a registrant under clause (i)
                                               Controlled Substances Act (21 U.S.C. 802), as           termines that the issuance of the registra-            seeks to change the quantity of marihuana
                                               amended by this subtitle;                               tion would be inconsistent with the public             needed for research and the change in quan-




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                                                 (4) the term ‘‘covered institution of higher          interest. In determining the public interest,          tity does not impact the factors described in
                                               education’’ means an institution of higher              the Attorney General shall consider the fac-           item (bb) or (cc) of subclause (I) of this
                                               education (as defined in section 101 of the             tors listed in—                                        clause, the registrant shall notify the Attor-
                                               Higher Education Act of 1965 (20 U.S.C. 1001))            ‘‘(I) subparagraphs (B) through (E) of para-         ney General via registered mail or using an
                                               that—                                                   graph (1); and                                         electronic means permitted by the Attorney
                                                 (A)(i) has highest or higher research activ-            ‘‘(II) subparagraph (A) of paragraph (1), if         General.
                                               ity, as defined by the Carnegie Classification          the applicable State requires practitioners              ‘‘(bb) A notification under item (aa) shall
                                               of Institutions of Higher Education; or                 conducting research to register with a board           include—




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                       S5961
                                                 ‘‘(AA) the Drug Enforcement Administra-                  ‘‘(i) approve the application; or                      (D) in section 307(d)(2) (21 U.S.C. 827(d)(2)),
                                               tion registration number of the registrant;                ‘‘(ii) request supplemental information.            by striking ‘‘303(f)’’ and inserting ‘‘303(g)’’;
                                                 ‘‘(BB) the quantity of marihuana already                 ‘‘(B) For purposes of subparagraph (A), an             (E) in section 309A(a)(2) (21 U.S.C.
                                               obtained;                                               application shall be deemed complete when              829a(a)(2)), in the matter preceding subpara-
                                                 ‘‘(CC) the quantity of additional mari-               the applicant has submitted documentation              graph (A), by striking ‘‘303(g)(2)’’ and insert-
                                               huana needed to complete the research; and              showing each of the following:                         ing ‘‘303(h)(2)’’;
                                                 ‘‘(DD) an attestation that the change in                 ‘‘(i) The requirements designated in the no-           (F) in section 311(h) (21 U.S.C. 831(h)), by
                                               quantity does not impact the source of the              tice in the Federal Register are satisfied.            striking ‘‘303(f)’’ each place it appears and
                                               drug or the conditions under which the drug                ‘‘(ii) The requirements under this Act are          inserting ‘‘303(g)’’;
                                               is stored, tracked, or administered.                    satisfied.                                                (G) in section 401(h)(2) (21 U.S.C. 841(h)(2)),
                                                 ‘‘(cc) The Attorney General shall ensure                 ‘‘(iii) The applicant will limit the transfer       by striking ‘‘303(f)’’ each place it appears and
                                               that—                                                   and sale of any marihuana manufactured                 inserting ‘‘303(g)’’;
                                                 ‘‘(AA) any registered mail return receipt             under this subsection—                                    (H) in section 403(c)(2)(B) (21 U.S.C.
                                               with respect to a notification under item                  ‘‘(I) to researchers who are registered             843(c)(2)(B)), by striking ‘‘303(f)’’ and insert-
                                               (aa) is submitted for delivery to the reg-              under this Act to conduct research with con-           ing ‘‘303(g)’’; and
                                               istrant providing the notification not later            trolled substances in schedule I; and                     (I) in section 512(c)(1) (21 U.S.C. 882(c)(1))
                                               than 3 days after receipt of the notification              ‘‘(II) for purposes of use in preclinical re-       by striking ‘‘303(f)’’ and inserting ‘‘303(g)’’.
                                               by the Attorney General; and                            search or in a clinical investigation pursuant            (2) Section 1008(c) of the Controlled Sub-
                                                 ‘‘(BB) notice of receipt of a notification            to an investigational new drug exemption               stances Import and Export Act (21 U.S.C.
                                               using an electronic means permitted under               under 505(i) of the Federal Food, Drug, and            958(c)) is amended—
                                               item (aa) is provided to the registrant pro-            Cosmetic Act (21 U.S.C. 355(i)).                          (A) in paragraph (1), by striking ‘‘303(d)’’
                                               viding the notification not later than 3 days              ‘‘(iv) The applicant will transfer or sell any      and inserting ‘‘303(e)’’; and
                                               after receipt of the notification by the Attor-         marihuana manufactured under this sub-                    (B) in paragraph (2)(B), by striking
                                               ney General.                                            section only with prior, written consent for           ‘‘303(h)’’ and inserting ‘‘303(i)’’.
                                                 ‘‘(dd)(AA) On and after the date described            the transfer or sale by the Attorney General.             (3) Title V of the Public Health Service Act
                                               in subitem (BB), a registrant that submits a               ‘‘(v) The applicant has completed the ap-           (42 U.S.C. 290aa et seq.) is amended—
                                               notification in accordance with item (aa)               plication and review process under sub-                   (A) in section 520E–4(c) (42 U.S.C. 290bb–
                                               may proceed with the research as if the                 section (a) for the bulk manufacture of con-           36d(c)), by striking ‘‘303(g)(2)(B)’’ and insert-
                                               change in quantity has been approved on                 trolled substances in schedule I.                      ing ‘‘303(h)(2)(B)’’; and
                                               such date, unless the Attorney General noti-               ‘‘(vi) The applicant has established and               (B) in section 544(a)(3) (42 U.S.C. 290dd–
                                               fies the registrant of an objection described           begun operation of a process for storage and
                                               in item (ee).                                                                                                  3(a)(3)), by striking ‘‘303(g)’’ and inserting
                                                                                                       handling of controlled substances in schedule          ‘‘303(h)’’.
                                                 ‘‘(BB) The date described in this subitem is          I, including for inventory control and moni-
                                               the date on which a registrant submitting a                                                                       (4) Title XVIII of the Social Security Act
                                                                                                       toring security in accordance with section             (42 U.S.C. 1395 et seq.) is amended—
                                               notification under item (aa) receives the reg-          25125 of the Cannabidiol and Marihuana Re-
                                               istered mail return receipt with respect to                                                                       (A) in section 1833(bb)(3)(B) (42 U.S.C.
                                                                                                       search Expansion Act.                                  1395l(bb)(3)(B)), by striking ‘‘303(g)’’ and in-
                                               the notification or the date on which the                  ‘‘(vii) The applicant is licensed by each
                                               registrant receives notice that the notifica-                                                                  serting ‘‘303(h)’’;
                                                                                                       State in which the applicant will conduct op-             (B) in section 1834(o)(3)(C)(ii) (42 U.S.C.
                                               tion using an electronic means permitted                erations under this subsection, to manufac-
                                               under item (aa) was received by the Attorney                                                                   1395m(o)(3)(C)(ii)), by striking ‘‘303(g)’’ and
                                                                                                       ture marihuana, if that State requires such a          inserting ‘‘303(h)’’; and
                                               General, as the case may be.                            license.
                                                 ‘‘(ee) A notification submitted under item                                                                      (C) in section 1866F(c)(3)(C) (42 U.S.C.
                                                                                                          ‘‘(C) Not later than 30 days after the date         1395cc–6(c)(3)(C)), by striking ‘‘303(g)’’ and in-
                                               (aa) shall be deemed to be approved unless
                                                                                                       on which the Attorney General receives sup-            serting ‘‘303(h)’’.
                                               the Attorney General, not later than 10 days
                                                                                                       plemental information requested under sub-                (5) Section 1903(aa)(2)(C)(ii) of the Social
                                               after receiving the notification, explicitly
                                                                                                       paragraph (A)(ii) with respect to an applica-          Security Act (42 U.S.C. 1396b(aa)(2)(C)(ii)) is
                                               objects based on a finding that the change in
                                                                                                       tion, the Attorney General shall approve or            amended by striking ‘‘303(g)’’ each place it
                                               quantity—
                                                                                                       deny the application.
                                                 ‘‘(AA) does impact the source of the drug                                                                    appears and inserting ‘‘303(h)’’.
                                               or the conditions under which the drug is                  ‘‘(2) If an application described in this sub-
                                                                                                       section is denied, the Attorney General shall          SEC. 25124. ADEQUATE AND UNINTERRUPTED
                                               stored, tracked, or administered; or                                                                                      SUPPLY.
                                                 ‘‘(BB) necessitates that the registrant im-           provide a written explanation of the basis of
                                               plement additional security measures to                 denial to the applicant.’’;                              On an annual basis, the Attorney General
                                               safeguard against diversion or abuse.                      (3) in subsection (h)(2), as so redesignated,       shall assess whether there is an adequate and
                                                 ‘‘(IV) Nothing in this clause shall limit the         by striking ‘‘subsection (f)’’ each place it ap-
                                                                                                                                                              uninterrupted supply of marihuana, includ-
                                               authority of the Secretary of Health and                pears and inserting ‘‘subsection (g)’’;
                                                                                                          (4) in subsection (j)(1), as so redesignated,       ing of specific strains, for research purposes.
                                               Human Services over requirements related
                                               to research protocols, including changes in—            by striking ‘‘subsection (d)’’ and inserting           SEC. 25125. SECURITY REQUIREMENTS.
                                                 ‘‘(aa) the method of administration of mar-           ‘‘subsection (e)’’; and
                                                                                                          (5) in subsection (k), as so redesignated, by         (a) IN GENERAL.—An individual or entity
                                               ihuana;
                                                                                                       striking ‘‘subsection (f)’’ each place it ap-          engaged in researching marihuana or its
                                                 ‘‘(bb) the dosing of marihuana; and
                                                                                                       pears and inserting ‘‘subsection (g)’’.                components shall store it in a securely
                                                 ‘‘(cc) the number of individuals or patients
                                               involved in research.’’.                                   (b) TECHNICAL AND CONFORMING AMEND-                 locked, substantially constructed cabinet.
                                                 (b) REGULATIONS.—Not later than 1 year                MENTS.—                                                  (b) REQUIREMENTS FOR OTHER MEASURES.—
                                               after the date of enactment of this Act, the               (1) The Controlled Substances Act (21               Any other security measures required by the
                                               Attorney General shall promulgate regula-               U.S.C. 801 et seq.) is amended—
                                                                                                                                                              Attorney General to safeguard against diver-
                                               tions to carry out the amendment made by                   (A) in section 102 (21 U.S.C. 802)—
                                                                                                          (i) in paragraph (16)(B)—                           sion shall be consistent with those required
                                               this section.
                                                                                                          (I) in clause (i), by striking ‘‘or’’ at the        for practitioners conducting research on
                                               SEC. 25123. APPLICATIONS TO MANUFACTURE
                                                           MARIHUANA FOR RESEARCH.                     end;                                                   other controlled substances in schedules I
                                                 (a) IN GENERAL.—Section 303 of the Con-                  (II) by redesignating clause (ii) as (iii); and     and II in section 202(c) of the Controlled Sub-
                                               trolled Substances Act (21 U.S.C. 823) is                  (III) by inserting after clause (i) the fol-        stances Act (21 U.S.C. 812(c)) that have a
                                               amended—                                                lowing:                                                similar risk of diversion and abuse.
                                                 (1) by redesignating subsections (c)                     ‘‘(ii) the synthetic equivalent of hemp-de-
                                                                                                       rived cannabidiol that contains less than 0.3          SEC. 25126. PROHIBITION AGAINST REINSTATING
                                               through (k) as subsections (d) through (l), re-                                                                             INTERDISCIPLINARY REVIEW PROC-
                                               spectively;                                             percent tetrahydrocannabinol; or’’;                                 ESS  FOR   NON-NIH-FUNDED  RE-
                                                 (2) by inserting after subsection (b) the fol-           (ii) in paragraph (52)(B)—                                       SEARCHERS.
                                               lowing:                                                    (I) by striking ‘‘303(f)’’ each place it ap-
                                                 ‘‘(c)(1)(A) As it relates to applications to          pears and inserting ‘‘303(g)’’; and                      The Secretary of Health and Human Serv-
                                               manufacture marihuana for research pur-                    (II) in clause (i), by striking ‘‘(d), or (e)’’     ices may not—
                                               poses, if the Attorney General places a no-             and inserting ‘‘(e), or (f)’’; and                       (1) reinstate the Public Health Service




SSpencer on DSK126QN23PROD with SENATE
                                               tice in the Federal Register to increase the               (iii) in paragraph (54), by striking ‘‘303(f)’’     interdisciplinary review process described in
                                               number of entities registered under this Act            each place it appears and inserting ‘‘303(g)’’;        the guidance entitled ‘‘Guidance on Proce-
                                               to manufacture marihuana to supply appro-                  (B) in section 302(g)(5)(A)(iii)(I)(bb) (21         dures for the Provision of Marijuana for
                                               priately registered researchers in the United           U.S.C. 822(g)(5)(A)(iii)(I)(bb)), by striking          Medical Research’’ (issued on May 21, 1999);
                                               States, the Attorney General shall, not later           ‘‘303(f)’’ and inserting ‘‘303(g)’’;                   or
                                               than 60 days after the date on which the At-               (C) in section 304 (21 U.S.C. 824), by strik-         (2) require another review of scientific pro-
                                               torney General receives a completed applica-            ing ‘‘303(g)(1)’’ each place it appears and in-        tocols that is applicable only to research on
                                               tion—                                                   serting ‘‘303(h)(1)’’;                                 marihuana or its components.




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                                               S5962                                             CONGRESSIONAL RECORD — SENATE                                                          August 5, 2021
                                               CHAPTER 2—DEVELOPMENT OF FDA-AP-                          ‘‘(B) use by registered manufacturers to             mit to Congress a report describing the re-
                                                PROVED DRUGS USING CANNABIDIOL                         manufacture drugs containing marihuana or              sults of, a study on the potential societal
                                                AND MARIHUANA                                          cannabidiol that have been approved for use            benefits of improving the efficiency of traffic
                                               SEC.    25141.  MEDICAL          RESEARCH          ON   by the Commissioner of Food and Drugs                  systems.
                                                           CANNABIDIOL.                                under the Federal Food, Drug, and Cosmetic                                 ---
                                                 Notwithstanding any provision of the Con-             Act (21 U.S.C. 301 et seq.).’’.                          SA 2575. Mr. CORNYN (for himself
                                               trolled Substances Act (21 U.S.C. 801 et seq.),                CHAPTER 3—DOCTOR-PATIENT                        and Mr. PADILLA) submitted an amend-
                                               the Safe and Drug-Free Schools and Commu-                              RELATIONSHIP                            ment intended to be proposed to
                                               nities Act (20 U.S.C. 7101 et seq.), chapter 81         SEC. 25161. DOCTOR-PATIENT RELATIONSHIP.               amendment SA 2137 proposed by Mr.
                                               of title 41, United States Code, or any other              It shall not be a violation of the Controlled       SCHUMER (for Ms. SINEMA (for herself,
                                               Federal law, an appropriately registered cov-           Substances Act (21 U.S.C. 801 et seq.) for a           Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               ered institution of higher education, a prac-           State-licensed physician to discuss—                   SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               titioner, or a manufacturer may manufac-                   (1) the currently known potential harms             TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               ture, distribute, dispense, or possess mari-            and benefits of marihuana derivatives, in-             and Mr. ROMNEY)) to the bill H.R. 3684,
                                               huana or cannabidiol if the marihuana or                cluding cannabidiol, as a treatment with the
                                               cannabidiol is manufactured, distributed,                                                                      to authorize funds for Federal-aid high-
                                                                                                       legal guardian of the patient of the physician
                                               dispensed, or possessed, respectively, for pur-                                                                ways, highway safety programs, and
                                                                                                       if the patient is a child; or
                                               poses of medical research for drug develop-                (2) the currently known potential harms             transit programs, and for other pur-
                                               ment or subsequent commercial production                and benefits of marihuana and marihuana                poses; which was ordered to lie on the
                                               in accordance with section 25142.                       derivatives, including cannabidiol, as a               table; as follows:
                                               SEC. 25142. REGISTRATION FOR THE COMMER-                treatment with the patient or the legal                  At the appropriate place in division I, in-
                                                           CIAL PRODUCTION AND DISTRIBU-               guardian of the patient of the physician if            sert the following:
                                                           TION OF FOOD AND DRUG ADMINIS-              the patient is a legal adult.                          SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-
                                                           TRATION-APPROVED DRUGS.                                                                                       LIEF FUNDS FOR INFRASTRUCTURE
                                                                                                             CHAPTER 4—FEDERAL RESEARCH
                                                 The Attorney General shall register an ap-                                                                              PROJECTS.
                                               plicant   to  manufacture     or   distribute           SEC. 25181. FEDERAL RESEARCH.                            (a) IN GENERAL.—Title VI of the Social Se-
                                               cannabidiol or marihuana for the purpose of               (a) IN GENERAL.—Not later than 1 year                curity Act (42 U.S.C. 801 et seq.) is amend-
                                               commercial production of a drug containing              after the date of enactment of this Act, the           ed—
                                               or derived from marihuana that is approved              Secretary of Health and Human Services, in               (1) in section 602—
                                               by the Secretary of Health and Human Serv-              coordination with the Director of the Na-                (A) in subsection (a)(1), by inserting ‘‘(ex-
                                               ices under section 505 of the Federal Food,             tional Institutes of Health and the heads of           cept as provided in subsection (c)(4))’’ after
                                               Drug, and Cosmetic Act (21 U.S.C. 355), in ac-          other relevant Federal agencies, shall sub-            ‘‘December 31, 2024’’; and
                                               cordance with the applicable requirements               mit to the Caucus on International Narcotics             (B) in subsection (c)—
                                               under subsection (a) or (b) of section 303 of           Control, the Committee on the Judiciary,                 (i) in paragraph (1), in the matter pre-
                                               the Controlled Substances Act (21 U.S.C.                and the Committee on Health, Education,                ceding subparagraph (A), by striking ‘‘para-
                                               823).                                                   Labor, and Pensions of the Senate and the              graph (3)’’ and inserting ‘‘paragraphs (3) and
                                               SEC. 25143. IMPORTATION OF CANNABIDIOL FOR              Committee on Energy and Commerce and the               (4)’’; and
                                                            RESEARCH PURPOSES.                         Committee on the Judiciary of the House of               (ii) by adding at the end the following new
                                                 The Controlled Substances Import and Ex-              Representatives a report on—                           paragraph:
                                               port Act (21 U.S.C. 951 et seq.) is amended—              (1) the potential therapeutic effects of               ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN
                                                 (1) in section 1002(a) (21 U.S.C. 952(a))—            cannabidiol or marihuana on serious medical            INFRASTRUCTURE PROJECTS.—
                                                 (A) in paragraph (1), by striking ‘‘and’’ at          conditions, including intractable epilepsy;              ‘‘(A) IN GENERAL.—Subject to subparagraph
                                               the end;                                                  (2) the potential effects of marihuana, in-          (C), notwithstanding any other provision of
                                                 (B) in paragraph (2)(C), by inserting ‘‘and’’         cluding—                                               law, a State, territory, or Tribal government
                                               after ‘‘uses,’’; and                                      (A) the effect of increasing delta-9-                receiving a payment under this section may
                                                 (C) inserting before the undesignated mat-            tetrahydrocannabinol levels on the human               use funds provided under such payment for
                                               ter following paragraph (2)(C) the following:           body and developing adolescent brains; and             projects described in subparagraph (B), in-
                                                 ‘‘(3) such amounts of marihuana or                      (B)    the   effect   of   various   delta-9-        cluding—
                                               cannabidiol (as defined in section 25102 of the         tetrahydrocannabinol levels on cognitive                 ‘‘(i) in the case of a project receiving a
                                               Cannabidiol and Marihuana Research Expan-               abilities, such as those that are required to          grant under section 117 of title 23, United
                                               sion Act) as are—                                       operate motor vehicles or other heavy equip-           States Code, section 5309 or 6701 of title 49,
                                                 ‘‘(A) approved for medical research for               ment; and                                              United States Code, or section 3005(b) of the
                                               drug development (as such terms are defined               (3) the barriers associated with researching         FAST Act (49 U.S.C. 5309 note; Public Law
                                               in section 25102 of the Cannabidiol and Mari-           marihuana or cannabidiol in States that                114-94), to satisfy a non-Federal share re-
                                               huana Research Expansion Act), or                       have legalized the use of such substances,             quirement applicable to such a project; and
                                                 ‘‘(B) necessary for registered manufactur-            which shall include—                                     ‘‘(ii) in the case of a project receiving cred-
                                               ers to manufacture drugs containing mari-                 (A) recommendations as to how such bar-              it assistance under the TIFIA program under
                                               huana or cannabidiol that have been ap-                 riers might be overcome, including whether             chapter 6 of title 23, United States Code—
                                               proved for use by the Commissioner of Food              public-private partnerships or Federal-State             ‘‘(I) to satisfy a non-Federal share require-
                                               and Drugs under the Federal Food, Drug, and             research partnerships may or should be im-             ment applicable to such a project; and
                                               Cosmetic Act (21 U.S.C. 301 et seq.),’’; and            plemented to provide researchers with access             ‘‘(II) to repay a loan provided under such
                                                 (2) in section 1007 (21 U.S.C. 957), by amend-        to additional strains of marihuana and                 program.
                                               ing subsection (a) to read as follows:                  cannabidiol; and                                         ‘‘(B) PROJECTS DESCRIBED.—A project re-
                                                 ‘‘(a)(1) Except as provided in paragraph (2),           (B) recommendations as to what safe-                 ferred to in subparagraph (A) is any of the
                                               no person may—                                          guards must be in place to verify—                     following:
                                                 ‘‘(A) import into the customs territory of              (i) the levels of tetrahydrocannabinol,                ‘‘(i) A project that receives a grant under
                                               the United States from any place outside                cannabidiol, or other cannabinoids contained           section 117 of title 23, United States Code.
                                               thereof (but within the United States), or              in products obtained from such States is ac-             ‘‘(ii) A project eligible under section 119 of
                                               import into the United States from any                  curate; and                                            title 23, United States Code.
                                               place outside thereof, any controlled sub-                (ii) that such products do not contain                 ‘‘(iii) A project eligible under section 124 of
                                               stance or list I chemical, or                           harmful or toxic components.                           title 23, United States Code, as added by the
                                                 ‘‘(B) export from the United States any                 (b) ACTIVITIES.—To the extent practicable,           Infrastructure Investment and Jobs Act.
                                               controlled substance or list I chemical,                the Secretary of Health and Human Services,              ‘‘(iv) A project eligible under section 133 of
                                               unless there is in effect with respect to such          either directly or through awarding grants,            title 23, United States Code.
                                               person a registration issued by the Attorney            contacts, or cooperative agreements, shall               ‘‘(v) An activity to carry out section 134 of
                                               General under section 1008, or unless such              expand and coordinate the activities of the            title 23, United States Code.
                                               person is exempt from registration under                National Institutes of Health and other rel-             ‘‘(vi) A project eligible under section 148 of
                                               subsection (b).                                         evant Federal agencies to better determine             title 23, United States Code.
                                                 ‘‘(2) Paragraph (1) shall not apply to the            the effects of cannabidiol and marihuana, as             ‘‘(vii) A project eligible under section 149




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                                               import      or    export   of   marihuana     or        outlined in the report submitted under para-           of title 23, United States Code.
                                               cannabidiol (as defined in section 25102 of the         graphs (1) and (2) of subsection (a).                    ‘‘(viii) A project eligible under section 151
                                               Cannabidiol and Marihuana Research Expan-                            Subtitle C—GAO Study                      of title 23, United States Code, as added by
                                               sion Act) that has been approved for—                   SEC. 25201. GAO STUDY ON IMPROVING THE EFFI-           the Infrastructure Investment and Jobs Act.
                                                 ‘‘(A) medical research for drug develop-                           CIENCY OF TRAFFIC SYSTEMS.                  ‘‘(ix) A project eligible under section 165 of
                                               ment authorized under section 25141 of the                Not later than 1 year after the date of en-          title 23, United States Code.
                                               Cannabidiol and Marihuana Research Expan-               actment of this Act, the Comptroller General             ‘‘(x) A project eligible under section 167 of
                                               sion Act; or                                            of the United States shall carry out, and sub-         title 23, United States Code.




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5963
                                                 ‘‘(xi) A project eligible under section 173 of          ‘‘(II) The projects involved would enhance             ‘‘(i) in the case of a project receiving a
                                               title 23, United States Code, as added by the           employment opportunities for the State, ter-           grant under section 117 of title 23, United
                                               Infrastructure Investment and Jobs Act.                 ritory, or Tribal government.                          States Code, section 5309 or 6701 of title 49,
                                                 ‘‘(xii) A project eligible under section 175            ‘‘(III) The projects involved would enhance          United States Code, or section 3005(b) of the
                                               of title 23, United States Code, as added by            the health and safety of the public.                   FAST Act (49 U.S.C. 5309 note; Public Law
                                               the Infrastructure Investment and Jobs Act.               ‘‘(IV) The projects involved would enhance           114-94), to satisfy a non-Federal share re-
                                                 ‘‘(xiii) A project eligible under section 176         protections for the environment.                       quirement applicable to such a project; and
                                               of title 23, United States Code, as added by              ‘‘(V) The projects involved would enhance              ‘‘(ii) in the case of a project receiving cred-
                                               the Infrastructure Investment and Jobs Act.             the capacity of the metropolitan city, State,          it assistance under the TIFIA program under
                                                 ‘‘(xiv) A project eligible under section 202          territory, or Tribal government to respond             chapter 6 of title 23, United States Code—
                                               of title 23, United States Code.                        to the COVID–19 crisis.                                  ‘‘(I) to satisfy a non-Federal share require-
                                                 ‘‘(xv) A project eligible under section 203 of          ‘‘(VI) The State, territory, or Tribal gov-          ment applicable to such a project; and
                                               title 23, United States Code.                           ernment suffered a reduction in revenue (as              ‘‘(II) to repay a loan provided under such
                                                 ‘‘(xvi) A project eligible under section 204          determined under the interim final rule                program.
                                               of title 23, United States Code.                        issued by the Secretary on May 17, 2021, enti-           ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
                                                 ‘‘(xvii) A project that receives a grant                                                                     MENTS.—
                                                                                                       tled ‘Coronavirus State and Local Fiscal Re-
                                               under the program for national infrastruc-              covery Funds’ (86 Fed. Reg. 26786)) of greater           ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
                                               ture investments (commonly known as the                                                                        INFRASTRUCTURE PROJECTS.—
                                                                                                       than 10 percent in calendar year 2020.
                                               ‘Rebuilding American Infrastructure with                                                                         ‘‘(I) IN GENERAL.—Subject to clause (ii), the
                                                                                                         ‘‘(iii) LIMITATION ON OPERATING EXPENSES.—
                                               Sustainability and Equity (RAISE) grant                                                                        total amount that a metropolitan city, non-
                                                                                                       Funds provided under a payment made under
                                               program’).                                                                                                     entitlement unit of local government, or
                                                                                                       this section shall not be used for operating
                                                 ‘‘(xviii) A project that receives credit as-                                                                 county may use from a payment made under
                                                                                                       expenses of a project described in clauses
                                               sistance under the TIFIA program under                                                                         this section for uses described in subpara-
                                                                                                       (xx) through (xxiv) of subparagraph (B).
                                               chapter 6 of title 23, United States Code.                                                                     graph (A) shall not exceed the greater of—
                                                                                                         ‘‘(iv) APPLICATION OF REQUIREMENTS.—Ex-
                                                 ‘‘(xix) A project that furthers the comple-                                                                    ‘‘(aa) ø$10,000,000¿; and
                                                                                                       cept as otherwise provided in this section—
                                               tion of a designated route of the Appalachian                                                                    ‘‘(bb) ø25 percent¿ of such payment.
                                               Development Highway System under section                  ‘‘(I) the requirements of section 60102 of             ‘‘(II) RULE OF APPLICATION.—The spending
                                               14501 of title 40, United States Code.                  the Infrastructure Investment and Jobs Act             limitation under subclause (I) shall not
                                                 ‘‘(xx) A project that receives a grant under          shall apply to funds provided under a pay-             apply to any use of funds permitted under
                                               section 5307 of title 49, United States Code.           ment made under this section that are used             paragraph (1)(D), and any such use of funds
                                                 ‘‘(xxi) A project that receives a grant               pursuant to subparagraph (A) for a project             shall be disregarded for purposes of applying
                                               under section 5309 of title 49, United States           described in clause (xxvi) of subparagraph             such spending limitation.
                                               Code.                                                   (B) that relates to broadband infrastructure;            ‘‘(ii) WAIVER OF LIMITATION.—At the re-
                                                 ‘‘(xxii) A project that receives a grant                ‘‘(II) the requirements of titles 23, 40, and        quest of a metropolitan city, nonentitlement
                                               under section 5311 of title 49, United States           49 of the United States Code, title I of the           unit of local government, or county, the Sec-
                                               Code.                                                   Housing and Community Development Act of               retary may allow the metropolitan city, non-
                                                 ‘‘(xxiii) A project that receives a grant             1974 (42 U.S.C. 5301 et seq.), and the National        entitlement unit of local government, or
                                               under section 5337 of title 49, United States           Environmental Policy Act of 1969 (42 U.S.C.            county to use up to 50 percent of a payment
                                               Code.                                                   4321 et. seq) shall apply to funds provided            made under this section for uses described in
                                                 ‘‘(xxiv) A project that receives a grant              under a payment made under this section                subparagraph (A) if any of the following cri-
                                               under section 5339 of title 49, United States           that are used for projects described in sub-           teria are met (as determined by the Sec-
                                               Code.                                                   paragraph (B); and                                     retary):
                                                 ‘‘(xxv) A project that receives a grant                 ‘‘(III) a State government receiving a pay-            ‘‘(I) The projects involved are of signifi-
                                               under section 6703 of title 49, United States           ment under this section may use funds pro-             cant economic importance to the metropoli-
                                               Code, as added by the Infrastructure Invest-            vided under such payment for projects de-              tan city, nonentitlement unit of local gov-
                                               ment and Jobs Act.                                      scribed in clause (i) of subparagraph (B)              ernment, or county.
                                                 ‘‘(xxvi) A project that receives a grant              that—                                                    ‘‘(II) The projects involved would enhance
                                               under title I of the Housing and Community                ‘‘(aa) demonstrate progress in achieving a           employment opportunities for the metropoli-
                                               Development Act of 1974 (42 U.S.C. 5301 et              state of good repair as required by the                tan city, nonentitlement unit of local gov-
                                               seq.).                                                  State’s asset management plan under section            ernment, or county.
                                                 ‘‘(xxvii) A project eligible under the bridge         119(e) of title 23, United States Code; and              ‘‘(III) The projects involved would enhance
                                               replacement, rehabilitation, preservation,                ‘‘(bb) support the achievement of 1 or more          the health and safety of the public.
                                               protection, and construction program under              performance targets of the State established             ‘‘(IV) The projects involved would enhance
                                               paragraph (1) under the heading ‘HIGHWAY IN-            under section 150 of title 23, United States           protections for the environment.
                                               FRASTRUCTURE PROGRAM’ under the heading                 Code.                                                    ‘‘(V) The projects involved would enhance
                                               ‘FEDERAL HIGHWAY ADMINISTRATION’ under                    ‘‘(v) OVERSIGHT.—The Secretary may dele-             the capacity of the metropolitan city, non-
                                               the heading ‘DEPARTMENT OF TRANS-                       gate oversight and administration of the re-           entitlement unit of local government, or
                                               PORTATION’ under title VIII of division J of            quirements described in clause (iv) to the ap-         county to respond to the COVID–19 crisis.
                                               the Infrastructure Investment and Jobs Act.             propriate Federal agency.                                ‘‘(VI) The metropolitan city, nonentitle-
                                                 ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE-              ‘‘(D) AVAILABILITY.—Funds provided under             ment unit of local government, or county
                                               MENTS.—                                                 a payment made under this section to a                 suffered a reduction in revenue (as deter-
                                                 ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR            State, territory, or Tribal government shall           mined under the interim final rule issued by
                                               INFRASTRUCTURE PROJECTS.—                               remain available for obligation for a use de-          the Secretary on May 17, 2021, entitled
                                                 ‘‘(I) IN GENERAL.—Subject to clause (ii), the         scribed in subparagraph (A) through Decem-             ‘Coronavirus State and Local Fiscal Recov-
                                               total amount that a State, territory, or                ber 31, 2024, except that no amount of such            ery Funds’ (86 Fed. Reg. 26786)) of greater
                                               Tribal government may use from a payment                funds may be expended after September 30,              than 10 percent in calendar year 2020.
                                               made under this section for uses described in           2026.’’; and                                             ‘‘(iii) LIMITATION ON OPERATING EXPENSES.—
                                               subparagraph (A) shall not exceed the great-              (2) in subsection 603—                               Funds provided under a payment made under
                                               er of—                                                    (A) in subsection (a), by inserting ‘‘(except        this section shall not be used for operating
                                                 ‘‘(aa) ø$10,000,000¿; and                             as provided in subsection (c)(5))’’ after ‘‘De-        expenses of a project described in clauses
                                                 ‘‘(bb) ø25¿ percent of such payment.                  cember 31, 2024’’; and                                 (xx) through (xxiv) of section 602(c)(4)(B).
                                                 ‘‘(II) RULE OF APPLICATION.—The spending                (B) in subsection (c)—                                 ‘‘(iv) APPLICATION OF REQUIREMENTS.—Ex-
                                               limitation under subclause (I) shall not                  (i) in paragraph (1), in the matter pre-             cept as otherwise provided in this section—
                                               apply to any use of funds permitted under               ceding subparagraph (A), by striking ‘‘para-             ‘‘(I) the requirements of section 60102 of
                                               paragraph (1)(D), and any such use of funds             graphs (3) and (4)’’ and inserting ‘‘paragraphs        the Infrastructure Investment and Jobs Act
                                               shall be disregarded for purposes of applying           (3), (4), and (5)’’; and                               shall apply to funds provided under a pay-
                                               such spending limitation.                                 (ii) by adding at the end the following new          ment made under this section that are used
                                                 ‘‘(ii) WAIVER OF LIMITATION.—At the re-               paragraph:                                             pursuant to subparagraph (A) for a project
                                               quest of a State, territory, or Tribal govern-            ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN             described in clause (xxvi) of section
                                               ment, the Secretary may allow the State,                INFRASTRUCTURE PROJECTS.—                              602(c)(4)(B) that relates to broadband infra-




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                                               territory, or Tribal government to use up to              ‘‘(A) IN GENERAL.—Subject to subparagraph            structure; and
                                               50 percent of a payment made under this sec-            (B), notwithstanding any other provision of              ‘‘(II) the requirements of titles 23, 40, and
                                               tion for a use described in subparagraph (A)            law, a metropolitan city, nonentitlement               49 of the United States Code, title I of the
                                               if any of the following criteria are met (as            unit of local government, or county receiv-            Housing and Community Development Act of
                                               determined by the Secretary):                           ing a payment under this section may use               1974 (42 U.S.C. 5301 et seq.), and the National
                                                 ‘‘(I) The projects involved are of signifi-           funds provided under such payment for                  Environmental Policy Act of 1969 (42 U.S.C.
                                               cant economic importance to the State, ter-             projects described in subparagraph (B) of sec-         4321 et. seq) shall apply to funds provided
                                               ritory, or Tribal government.                           tion 602(c)(4), including—                             under a payment made under this section




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                                               S5964                                             CONGRESSIONAL RECORD — SENATE                                                        August 5, 2021
                                               that are used for projects described in sec-            SEC. 90009. SAFETY REQUIREMENTS FOR AM-                    (A) concerning whether personal flota-
                                               tion 602(c)(4)(B).                                                  PHIBIOUS PASSENGER VESSELS.                tion devices should be required for the dura-
                                                 ‘‘(v) OVERSIGHT.—The Secretary may dele-                   (a) SAFETY IMPROVEMENTS.—                         tion of an amphibious passenger vessel’s wa-
                                               gate oversight and administration of the re-                 (1) BUOYANCY REQUIREMENTS.—Not later              terborne transit, which shall be considered
                                               quirements described in clause (iv) to the ap-          than 1 year after the date of completion of a          and determined by the Secretary;
                                               propriate Federal agency.                               Coast Guard contracted assessment by the                   (B) that operators of amphibious pas-
                                                 ‘‘(C) AVAILABILITY.—Funds provided under              National Academies of Sciences, Engineer-              senger vessels inform passengers that seat
                                               a payment made under this section to a met-             ing, and Medicine of the technical feasi-              belts may not be worn during waterborne op-
                                               ropolitan city, nonentitlement unit of local            bility, practicality, and safety benefits of           erations;
                                               government, or county shall remain avail-               providing reserve buoyancy through passive                 (C) that before the commencement of wa-
                                               able for obligation for a use described in sub-         means on amphibious passenger vessels, the             terborne operations, a crew member visually
                                               paragraph (A) through December 31, 2024, ex-            Secretary of the department in which the               check that each passenger has unbuckled the
                                               cept that no amount of such funds may be                Coast Guard is operating may initiate a rule-          passenger’s seatbelt; and
                                               expended after September 30, 2026.’’.                   making to prescribe in regulations that oper-              (D) that operators or crew maintain a log
                                                 (b)    TECHNICAL      AMENDMENTS.—Sections            ators of amphibious passenger vessels pro-             recording the actions described in subpara-
                                               602(c)(3) and 603(c)(3) of title VI of the Social       vide reserve buoyancy for such vessels                 graphs (B) and (C).
                                               Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are       through passive means, including watertight                (3) TRAINING.—Requirement for annual
                                               each amended by striking ‘‘paragraph (17)               compartmentalization, built-in flotation, or           training for operators and crew of amphib-
                                               of’’.                                                   such other means as the Secretary may                  ious passengers vessels, including—
                                                 (c) GUIDANCE AND EFFECTIVE DATE.—                     specify in the regulations, in order to ensure             (A) training for personal flotation and
                                                 (1) GUIDANCE OR RULE.—Within 60 days of               that such vessels remain afloat and upright            seat belt requirements, verifying the integ-
                                               the date of enactment of this Act, the Sec-             in the event of flooding, including when car-          rity of the vessel at the onset of each water-
                                               retary of the Treasury, in consultation with            rying a full complement of passengers and              borne departure, identification of weather
                                               the Secretary of Transportation, shall issue            crew.                                                  hazards, and use of National Weather Service
                                               guidance or promulgate a rule to carry out                   (2) INTERIM REQUIREMENTS.—Not later               resources prior to operation; and
                                               this section.                                           than 90 days after the date of enactment of                (B) training for crewmembers to respond
                                                 (2) EFFECTIVE DATE.—The amendments                    this Act, the Secretary of the department in           to emergency situations, including flooding,
                                               made by this section shall take effect upon             which the Coast Guard is operating shall ini-          engine compartment fires, man overboard
                                               the issuance of guidance or the promulgation            tiate a rulemaking to implement interim                situations, and in water emergency egress
                                               of a rule described in paragraph (1).                   safety policies or other measures to require           procedures.
                                                 (d) DEPARTMENT OF THE TREASURY ADMINIS-               that operators of amphibious passenger ves-                (4) RECOMMENDATIONS FROM REPORTS.—
                                               TRATIVE EXPENSES.—                                      sels operating in waters subject to the juris-         Requirements to address recommendations
                                                 (1) IN GENERAL.—Notwithstanding any                   diction of the United States, as defined in            from the following reports, as practicable
                                               other provision of law, the unobligated bal-            section 2.38 of title 33, Code of Federal Regu-        and to the extent that such recommenda-
                                               ances from amounts made available to the                lations (or a successor regulation) comply             tions are under the jurisdiction of the Coast
                                               Secretary of the Treasury (referred to in this          with the following:                                    Guard:
                                               subsection as the ‘‘Secretary’’) for adminis-                (A) Remove the canopies of such vessels               (A) The National Transportation Safety
                                               trative expenses pursuant to the provisions             for waterborne operations, or install in such          Board’s Safety Recommendation Reports on
                                               specified in paragraph (2) shall be available           vessels a canopy that does not restrict either         the Amphibious Passenger Vessel incidents
                                               to the Secretary (in addition to any other              horizontal or vertical escape by passengers            in Table Rock, Missouri, Hot Springs, Ar-
                                               appropriations provided for such purpose) for           in the event of flooding or sinking.                   kansas, and Seattle, Washington.
                                               any administrative expenses of the Depart-                   (B) If the canopy is removed from such                (B) The Coast Guard’s Marine Investiga-
                                               ment of the Treasury determined by the Sec-             vessel pursuant to subparagraph (A), require           tion Board reports on the Stretch Duck 7
                                               retary to be necessary to respond to the                that all passengers don a Coast Guard type-            sinkings at Table Rock, Missouri, and the
                                               coronavirus emergency, including any ex-                approved personal flotation device before the          Miss Majestic sinking near Hot Springs, Ar-
                                               penses necessary to implement any provision             onset of waterborne operations of such ves-            kansas.
                                               of—                                                     sel.                                                       (5) INTERIM REQUIREMENTS.—The interim
                                                 (A) the Coronavirus Aid, Relief, and Eco-                  (C) Install in such vessels at least one          requirements described in subsection (a)(2),
                                               nomic Security Act (Public Law 116–136);                independently powered electric bilge pump              as appropriate.
                                                 (B) division N of the Consolidated Appro-             that is capable of dewatering such vessels at              (c) PROHIBITION ON OPERATION OF NON-
                                                                                                       the volume of the largest remaining penetra-           COMPLIANT VESSELS.—Commencing as of the
                                               priations Act, 2021 (Public Law 116–260);
                                                 (C) the American Rescue Plan Act (Public              tion in order to supplement the vessel’s ex-           date specified by the Secretary of the depart-
                                               Law 117–2); or                                          isting bilge pump required under section               ment in which the Coast Guard is operating
                                                                                                       182.520 of title 46, Code of Federal Regula-           pursuant to subsection (d), any amphibious
                                                 (D) title VI of the Social Security Act (42
                                                                                                       tions (or a successor regulation).                     passenger vessel whose configuration or op-
                                               U.S.C. 801 et seq.).
                                                                                                            (D) Verify the watertight integrity of            eration does not comply with the require-
                                                 (2) PROVISIONS SPECIFIED.—The provisions
                                                                                                       such vessel in the water at the outset of each         ments under subsection (a)(2) (or subsection
                                               specified in this paragraph are the following:
                                                                                                                                                              (a)(1), if prescribed) may not operate in
                                                 (A) Sections 4003(f) and 4112(b) of the               waterborne departure of such vessel.
                                                                                                                                                              waters subject to the jurisdiction of the
                                               Coronavirus Aid, Relief, and Economic Secu-                  (b) REGULATIONS REQUIRED.—Not later               United States, as defined in section 2.38 of
                                               rity Act (Public Law 116–136).                          than 2 years after the date of enactment of            title 33, Code of Federal Regulations (or a
                                                 (B) Section 421(f)(2) of division N of the            this Act, the Secretary of the department in           successor regulation).
                                               Consolidated Appropriations Act, 2021 (Pub-             which the Coast Guard is operating shall ini-              (d) DEADLINE FOR COMPLIANCE.—The reg-
                                               lic Law 116–260).                                       tiate a rulemaking for amphibious passenger            ulations and interim requirements described
                                                 (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and        vessels operating in waters subject to the ju-         in subsections (a) and (b) shall require com-
                                               7301(b)(5) of the American Rescue Plan Act of           risdiction of the United States, as defined in         pliance with the requirements in the regula-
                                               2021 (Public Law 117–2).                                section 2.38 of title 33, Code of Federal Regu-        tions not later than 2 years after the date of
                                                 (D) Section 602(a)(2) of the Social Security          lations (or a successor regulation). The regu-         enactment of this Act, as the Secretary of
                                               Act (42 U.S.C. 802(a)(2)).                              lations shall include, at a minimum, the fol-          the department in which the Coast Guard is
                                                                                                       lowing:                                                operating may specify in the regulations.
                                                 SA 2576. Mr. HAWLEY (for himself,                          (1) SEVERE WEATHER EMERGENCY PRE-                     (e) REPORT.—Not later than 180 days
                                               Mr. BLUNT, and Mr. COTTON) submitted                    PAREDNESS.—Requirements that an operator               after the promulgation of the regulations re-
                                                                                                       of an amphibious passenger vessel—                     quired under subsection (a), the Com-
                                               an amendment intended to be proposed
                                                                                                            (A) check and notate in the vessel’s log-         mandant of the Coast Guard shall provide a
                                               to amendment SA 2137 proposed by Mr.                                                                           report to the Committee on Commerce,
                                                                                                       book the National Weather Service forecast
                                               SCHUMER (for Ms. SINEMA (for herself,                   before getting underway and periodically               Science, and Transportation of the Senate
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      while underway;                                        and the Committee on Transportation and
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                         (B) in the case of a watch or warning             Infrastructure of the House of Representa-
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                      issued for wind speeds exceeding the wind              tives regarding the status of the implemen-
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 speed equivalent used to certify the stability         tation of the requirements included in such




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       of an amphibious passenger vessel, proceed             regulations.
                                               to authorize funds for Federal-aid high-
                                               ways, highway safety programs, and                      to the nearest harbor or safe refuge; and
                                                                                                                                                                SA 2577. Mr. CARDIN submitted an
                                                                                                            (C) maintain and monitor a weather
                                               transit programs, and for other pur-                                                                           amendment intended to be proposed to
                                                                                                       monitor radio receiver at the operator sta-
                                               poses; which was ordered to lie on the                  tion that may be automatically activated by            amendment SA 2137 proposed by Mr.
                                               table; as follows:                                      the warning alarm device of the National               SCHUMER (for Ms. SINEMA (for herself,
                                                  At the end of division I, add the fol-               Weather Service.                                       Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               lowing:                                                      (2) PASSENGER SAFETY.—Requirements—               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.




                                         VerDate Sep 11 2014   06:40 Aug 06, 2021   Jkt 019060   PO 00000   Frm 00074   Fmt 0637   Sfmt 0634   E:\CR\FM\A05AU6.008   S05AUPT1
                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5965
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                        ‘‘(C) the agency proposes to lease a build-          or technical assistance provided to that les-
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 ing or space in a building of historical, archi-       sor under that pilot program; and
                                               to authorize funds for Federal-aid high-                tectural, or cultural significance (as defined           ‘‘(II) if subclause (I) is carried out, extend
                                                                                                       in section 3306(a) of title 40, United States          the deadline required under subparagraph
                                               ways, highway safety programs, and
                                                                                                       Code); or                                              (A)(ii)(I).
                                               transit programs, and for other pur-                                                                             ‘‘(d) REVISION OF FEDERAL REGULATIONS.—
                                                                                                         ‘‘(D) the lease is for not more than 10,000
                                               poses; which was ordered to lie on the                  gross square feet of space in a building less          Not later than 1 year after the date of enact-
                                               table; as follows:                                      than 50 percent of the leasable space of               ment of the GREEN Building Jobs Act of
                                                 At the end of division D, add the following:          which is leased by the Federal Government.             2021, the Administrator shall revise Part 102-
                                                 TITLE XIII—ENERGY AND RESILIENCY                        ‘‘(2) WAIVER APPROVAL.—                              73(c) of the Federal Management Regulation
                                                        FOR FEDERAL BUILDINGS                            ‘‘(A) IN GENERAL.—A Federal agency may               and Part 570 of the General Services Admin-
                                                                                                       enter into a contract under paragraph (1) if—          istration Acquisition Manual, as appro-
                                               SEC. 41301. SHORT TITLE.
                                                                                                                                                              priate, to reflect the requirements of this
                                                 This title may be cited as the ‘‘GSA Resil-             ‘‘(i)(I) the agency submits a request to the
                                                                                                                                                              section.
                                               ient, Energy Efficient, and Net-Zero Build-             Federal Director of the Office of Federal                ‘‘(e) REPORT.—The Administrator shall an-
                                               ing Jobs Act of 2021’’ or the ‘‘GREEN Build-            High-Performance Green Buildings indi-                 nually publish on the website of the General
                                               ing Jobs Act of 2021’’.                                 cating the basis for the request under para-           Services Administration a report on the ag-
                                               SEC. 41302. FEDERAL BUILDING LEASING.                   graph (1); and                                         gregate compliance of all leased buildings
                                                 (a) IN GENERAL.—Section 435 of the Energy               ‘‘(II) the Federal Director of that Office ap-       and spaces in buildings held by the General
                                               Independence and Security Act of 2007 (42               proves the request; and                                Services Administration with the most re-
                                               U.S.C. 17091) is amended to read as follows:              ‘‘(ii) in the case of a waiver under subpara-        cent version of the Guiding Principles for
                                               ‘‘SEC. 435. LEASING.                                    graph (A), (B), or (C) of paragraph (1), the           Sustainable Federal Buildings.
                                                  ‘‘(a) DEFINITION OF LESSOR.—In this sec-             contract includes the requirements described             ‘‘(f) COMPLIANCE IMPROVEMENT.—Not later
                                               tion, the term ‘lessor’ means any individual,           in subparagraph (B)(ii), which—                        than 180 days after the date of enactment of
                                               firm, partnership, limited liability company,             ‘‘(I) in the case of a waiver under subpara-         the GREEN Building Jobs Act of 2021, the
                                               trust, association, State, unit of local gov-           graph (A) of that paragraph, shall be re-              Administrator shall develop and implement
                                               ernment, or legal entity that is the rightful           quired to be implemented prior to occupancy            a policy to improve lessor compliance with
                                               owner of a property leased to the Federal               of the building or space in the building by            energy efficiency provisions of leases, includ-
                                               Government.                                             the Federal agency; and                                ing by considering a variety of approaches.
                                                 ‘‘(b) LEASING REQUIREMENTS.—                            ‘‘(II) in the case of a waiver under subpara-          ‘‘(g) INCENTIVE PILOT PROGRAM.—
                                                 ‘‘(1) IN GENERAL.—Except as provided in               graph (B) or (C) of that paragraph, shall be             ‘‘(1) IN GENERAL.—The Administrator shall
                                               subsection (c), effective beginning on the              required to be implemented not later than 1            establish a pilot program to provide finan-
                                               date that is 1 year after the date of enact-            year after the Federal agency signs the con-           cial incentives for lessors to achieve an En-
                                               ment of the GREEN Building Jobs Act of                  tract.                                                 ergy Star label under the Energy Star pro-
                                               2021, no Federal agency shall enter into a                ‘‘(B) CONTRACT REQUIREMENTS.—                        gram established by section 324A of the En-
                                               contract to lease space unless—                           ‘‘(i)    DEFINITION    OF   NONBENCHMARKED           ergy Policy and Conservation Act (42 U.S.C.
                                                 ‘‘(A) the space is for a building or space in         SPACE.—In this subparagraph, the term                  6294a) in a building—
                                               a building that—                                        ‘nonbenchmarked space’ means a building or               ‘‘(A) in which space is leased to a Federal
                                                 ‘‘(i) in the most recent year, has earned the                                                                agency; and
                                                                                                       space in a building for which owners cannot
                                               Energy Star label under the Energy Star                                                                          ‘‘(B)(i) in which the total space leased by
                                                                                                       access whole building utility consumption
                                               program established by section 324A of the                                                                     the Federal Government is less than 50 per-
                                                                                                       data, including buildings—
                                               Energy Policy and Conservation Act (42                                                                         cent of the leasable space of the building;
                                                                                                         ‘‘(I) that are located in States that do not
                                               U.S.C. 6294a); and                                                                                               ‘‘(ii) that is of historical, architectural, or
                                                                                                       require utilities to provide, and utilities do
                                                 ‘‘(ii) has obtained or will obtain as a re-                                                                  cultural significance (as defined in section
                                                                                                       not provide, such aggregated information to
                                               quired performance specification a green                                                                       3306(a) of title 40, United States Code); or
                                                                                                       multitenant building owners; and
                                               building certification consistent with rec-                                                                      ‘‘(iii) for which a waiver is granted under
                                                                                                         ‘‘(II) the tenants of which do not provide
                                               ommendations of the Administrator based on                                                                     subsection (c)(1)(A).
                                                                                                       energy consumption information to the com-
                                               the review of high-performance building cer-                                                                     ‘‘(2) DIVERSITY.—In carrying out the pilot
                                               tification systems carried out by the Admin-            mercial building owner in response to a re-
                                                                                                                                                              program established under paragraph (1), the
                                               istrator pursuant to section 436(h); and                quest from that owner.
                                                                                                                                                              Administrator shall ensure—
                                                 ‘‘(B) the contract includes—                            ‘‘(ii) REQUIREMENTS.—The requirements re-
                                                                                                                                                                ‘‘(A) a diversity in the buildings and spaces
                                                 ‘‘(i) a requirement for the lessor of the             ferred to in subparagraph (A)(ii) are the fol-
                                                                                                                                                              owned by lessors provided financial assist-
                                               building to disclose data on consumption of             lowing:
                                                                                                                                                              ance under that paragraph, including build-
                                               utilities (energy and water)—                             ‘‘(I) The building or space in a building—
                                                                                                                                                              ings with multiple, separate leases that indi-
                                                 ‘‘(I) for the portion of the building occu-             ‘‘(aa) meets the requirement described in
                                                                                                                                                              vidually do not trigger requirements under
                                               pied by the agency; and                                 subsection (b)(1)(A)(i); or
                                                                                                                                                              this Act; and
                                                 ‘‘(II) that is provided by the lessor through           ‘‘(bb) is renovated for all feasible energy
                                                                                                                                                                ‘‘(B) geographical diversity, including the
                                               submetering or an alternative method iden-              efficiency and conservation improvements               representation of rural areas.
                                               tified by the Administrator for buildings               that will be cost effective over the life of the         ‘‘(3) TECHNICAL ASSISTANCE.—As part of the
                                               lacking submeters; and                                  lease (including any optional and reasonably           pilot program established under paragraph
                                                 ‘‘(ii) 1 or more mechanisms to ensure that            anticipated extensions or renewals of the              (1), the Administrator may provide technical
                                               the lessor of the building takes reasonable             lease), including improvements in lighting,            assistance, directly or through contracts, to
                                               steps to maintain the requirements of the               windows, heating, ventilation, and air condi-          lessors receiving financial assistance under
                                               building described in subparagraph (A).                 tioning systems and controls.                          that pilot program.
                                                 ‘‘(2) LOCATION.—In determining the geo-                 ‘‘(II) The building or space in a building             ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
                                               graphic location of a space to lease under              is—                                                    There is authorized to be appropriated to the
                                               paragraph (1), the Administrator shall not                ‘‘(aa) benchmarked under a nationally rec-           Administrator $50,000,000 to carry out this
                                               use as a criterion the presence or absence of           ognized, online, and free benchmarking pro-            subsection, to remain available until ex-
                                               buildings in that location that have an En-             gram, and the benchmark is publicly dis-               pended.’’.
                                               ergy Star label described in paragraph                  closed; or                                               (b) REPORT ON REALTY SERVICES.—Section
                                               (1)(A)(i) or a green building certification de-           ‘‘(bb) a nonbenchmarked space.                       102(b) of the Better Buildings Act of 2015 (42
                                               scribed in paragraph (1)(A)(ii).                          ‘‘(III) In the case of a building or space in        U.S.C. 17062(b)) is amended by adding at the
                                                 ‘‘(c) WAIVER.—                                        a building that is a nonbenchmarked space,             end the following:
                                                 ‘‘(1) IN GENERAL.—Subject to paragraph (2),           the Federal agency provides to the building              ‘‘(5) REPORT.—Not later than 90 days after
                                               a Federal agency may enter into a contract              owner, or authorizes the owner to obtain               the date of enactment of the GREEN Build-
                                               to lease space that does not meet a require-            from the utility, the energy consumption               ing Jobs Act of 2021, the Administrator shall
                                               ment described in clause (i) or (ii) of sub-            data of the space to enable benchmarking of            submit to Congress, and make publicly avail-
                                               section (b)(1)(A) if—                                   the building.                                          able on the website of the General Services
                                                 ‘‘(A) no other space is available that can              ‘‘(C) INCORPORATION OF ASSISTANCE INTO               Administration, a report on the implementa-
                                               meet that requirement within a reasonable               LEASE.—In the case of a contract to lease              tion of paragraph (3), including—
                                               period and meet the functional requirements             space that receives a waiver under paragraph             ‘‘(A) the results of the policies and prac-




SSpencer on DSK126QN23PROD with SENATE
                                               of the agency, including locational needs;              (1)(A), the Administrator may—                         tices described in that paragraph, including
                                                 ‘‘(B) the agency proposes to remain in a                ‘‘(i) include in the relevant lease procure-         the number of leases implementing the
                                               building or a space in a building—                      ment documents a statement about the                   measures described in that paragraph;
                                                 ‘‘(i) that the agency has occupied pre-               availability of financial incentives and tech-           ‘‘(B) a description of any barriers to
                                               viously; and                                            nical assistance under the pilot program es-           achieving greater energy and water effi-
                                                 ‘‘(ii) less than 50 percent of the leasable           tablished under subsection (g); or                     ciency; and
                                               space of which is leased by the Federal Gov-              ‘‘(ii)(I) incorporate into the terms of the            ‘‘(C) recommendations to address those
                                               ernment;                                                lease with the lessor any financial incentive          barriers.’’.




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                                               S5966                                             CONGRESSIONAL RECORD — SENATE                                                        August 5, 2021
                                               SEC. 41303. ENERGY AND WATER EFFICIENCY,                through energy savings performance con-                efficient building (as determined by the Ad-
                                                           NET-ZERO, AND ZERO EMISSION VE-             tracts and other mechanisms.                           ministrator in consultation with the Admin-
                                                           HICLE INFRASTRUCTURE GOALS.                   ‘‘(2) ANALYSIS.—The Administrator shall              istrator of the Environmental Protection
                                                 (a) IN GENERAL.—Subtitle C of title IV of             select priority projects under paragraph (1)           Agency), a building for which, on a source
                                               the Energy Independence and Security Act of             on the basis of analysis that ensures a max-           energy basis, the annual delivered energy is
                                               2007 (Public Law 110–140; 121 Stat. 1607) is            imum beneficial use of private finance for             less than or equal to the sum obtained by
                                               amended by adding at the end the following:             the project.                                           adding the onsite renewable exported energy
                                               ‘‘SEC. 442. ENERGY AND WATER EFFICIENCY                   ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—              and the allowed offsite renewable energy
                                                           GOALS.                                      There is authorized to be appropriated to the          sources, as substantiated with renewable en-
                                                  ‘‘(a) ESTABLISHMENT.—Subject to sub-                 Administrator $500,000,000 to carry out this           ergy certificates.
                                               sections (b), (c), and (d), the Administrator           section and section 443, to remain available              ‘‘(B) INCLUSION.—A highly energy-efficient
                                               shall, for each of fiscal years 2021 through            until expended, including—                             building is net-zero energy if it is located
                                               2030—                                                     ‘‘(1) to supplement project budgets beyond           within a group of buildings for which, when
                                                 ‘‘(1) reduce average building energy inten-           cost-effective and minimum efficiency re-              treated as a unit, on a source energy basis,
                                               sity (as measured in British thermal units              quirements;                                            the annual delivered energy is less than or
                                               per gross square foot) at GSA facilities by 2.5           ‘‘(2) for onsite or community renewable en-          equal to the sum obtained by adding the on-
                                               percent each fiscal year so that the average            ergy and energy storage and other ap-                  site renewable exported energy and the al-
                                               building energy intensity of GSA facilities is          proaches to reduce total carbon footprints of          lowed offsite renewable energy sources, as
                                               reduced by 25 percent or greater by 2030, rel-          GSA facilities;                                        substantiated with renewable energy certifi-
                                               ative to the average building energy inten-               ‘‘(3) to achieve embodied carbon reductions          cates.
                                               sity of GSA facilities in fiscal year 2018;             on new construction and major renovation                  ‘‘(5) NET-ZERO WASTE BUILDING.—Unless
                                                 ‘‘(2) improve water use efficiency and man-           projects; and                                          otherwise defined by the Federal Director of
                                               agement at GSA facilities by reducing aver-               ‘‘(4) for pilot testing of new construction          the Office of Federal High-Performance
                                               age potable water consumption intensity (as             and retrofit technologies that may help                Green Buildings, the term ‘net-zero waste
                                               measured in gallons per gross square foot)—             achieve net-zero energy and net-zero carbon            building’ means a building operated to re-
                                                 ‘‘(A) by 54 percent by fiscal year 2030, rel-         (as those terms are defined in section 443(a)).        duce, reuse, recycle, compost, or recover
                                               ative to the average water consumption of               ‘‘SEC. 443. NET-ZERO GOALS.                            solid waste streams that result in zero waste
                                               GSA facilities in fiscal year 2007; and                    ‘‘(a) DEFINITIONS.—In this section:                 disposal to landfills or incinerators (except
                                                 ‘‘(B) through reductions of 2 percent each               ‘‘(1) ALLOWED CARBON OFFSET.—The term               for hazardous and medical waste).
                                               fiscal year;                                            ‘allowed carbon offset’ means an allowed car-             ‘‘(6) NET-ZERO WATER BUILDING.—
                                                 ‘‘(3) reduce industrial, landscaping, and ag-         bon offset as defined by the Federal Director             ‘‘(A) IN GENERAL.—Unless otherwise defined
                                               ricultural water consumption at GSA facili-             of the Office of Federal High-Performance              by the Federal Director of the Office of Fed-
                                               ties (as measured in gallons)—                          Green Buildings in consultation with the Ad-           eral High-Performance Green Buildings, the
                                                 ‘‘(A) by 20 percent by fiscal year 2030, rel-         ministrator of the Environmental Protection            term ‘net-zero water building’ means a build-
                                               ative to the industrial, landscaping, and ag-           Agency.                                                ing that—
                                               ricultural water consumption of GSA facili-               ‘‘(2) ALLOWED OFFSITE RENEWABLE ENERGY                  ‘‘(i) maximizes alternative water sources;
                                               ties in fiscal year 2018; and                           SOURCE.—The term ‘allowed offsite renew-                  ‘‘(ii) minimizes wastewater discharge; and
                                                 ‘‘(B) through reductions of 2 percent each            able energy source’ means an allowed offsite              ‘‘(iii) returns water to the original water
                                               fiscal year; and                                        renewable energy source as defined by the              source such that, for a 1-year period, the
                                                 ‘‘(4) to the maximum extent practicable,              Federal Director of the Office of Federal              water consumption volume is equivalent to
                                               carry out paragraphs (1) through (3) in a               High-Performance Green Buildings in con-               the sum obtained by adding the volume of al-
                                               manner that is lifecycle cost effective.                sultation with the Administrator of the En-            ternative water use and the water returned
                                                 ‘‘(b) ENERGY AND WATER INTENSIVE FACIL-               vironmental Protection Agency—                         to the original source during that 1-year pe-
                                               ITY EXCLUSIONS.—                                          ‘‘(A) including requirements for district            riod.
                                                 ‘‘(1) IN GENERAL.—The Administrator may               energy systems, community sources, and                    ‘‘(B) INCLUSION.—A building is a net-zero
                                               exclude from the requirements under para-               purchase options; and                                  water building if it is located within a group
                                               graph (1) or (2) of subsection (a), as applica-           ‘‘(B) taking into consideration an effi-             of buildings that, when treated as a unit,
                                               ble, any GSA facility in which energy- or               ciency-first strategy, optimization of carbon          meet the requirements described in clauses
                                               water-intensive activities are carried out.             impact, and ensuring accountability.                   (i) through (iii) of subparagraph (A).
                                                 ‘‘(2) REPORT.—The Administrator shall in-               ‘‘(3) NET-ZERO CARBON.—                                 ‘‘(7) SCOPE 1 GREENHOUSE GAS EMISSIONS.—
                                               clude in the report submitted to the Sec-                 ‘‘(A) IN GENERAL.—The term ‘net-zero car-            The term ‘scope 1 greenhouse gas emissions’
                                               retary under section 548(a) of the National             bon’ means, with respect to a highly energy-           means direct emissions from sources that are
                                               Energy Conservation Policy Act (42 U.S.C.               efficient building (as determined by the Ad-           owned or controlled by a Federal agency, in-
                                               8258(a)) a list identifying each GSA facility           ministrator in consultation with the Admin-            cluding—
                                               excluded under paragraph (1) and a state-               istrator of the Environmental Protection                  ‘‘(A) emissions from generation of elec-
                                               ment of whether the exclusion is on the basis           Agency) or group of highly energy-efficient            tricity;
                                               of energy-intensive activities, water-inten-            buildings, a building or group of buildings of            ‘‘(B) emissions from combustion of fuel for
                                               sive activities, or both energy- and water-in-          which, for not less than 1 year, the carbon            heating, cooling, or steam;
                                               tensive activities.                                     emissions resulting from building oper-                   ‘‘(C) emissions from mobile sources;
                                                 ‘‘(c) ALTERNATIVE METRIC FOR MEASURING                ations, as described in subparagraph (B), are             ‘‘(D) fugitive emissions; and
                                               POTABLE WATER CONSUMPTION INTENSITY.—                   equal to or less than the carbon emissions                ‘‘(E) process emissions.
                                                 ‘‘(1) IN GENERAL.—The Administrator may               reduced or offset, as described in subpara-               ‘‘(8) SCOPE 2 GREENHOUSE GAS EMISSIONS.—
                                               develop an alternative metric for measuring             graph (C).                                             The term ‘scope 2 greenhouse gas emissions’
                                               potable water consumption intensity under                 ‘‘(B) CARBON EMISSIONS FROM BUILDING OP-             means indirect emissions resulting from the
                                               subsection (a)(2), including by using occu-             ERATIONS.—Carbon emissions resulting from              generation of electricity, heat, or steam pur-
                                               pancy, building use type, or other attributes           building operations—                                   chased by a Federal agency.
                                               relevant to potable water use and potential               ‘‘(i) shall include carbon related to energy            ‘‘(b) ESTABLISHMENT.—Subject to sub-
                                               for efficiency.                                         consumption from onsite and offsite sources;           section (c), the Administrator shall—
                                                 ‘‘(2) ORIGINAL METRIC.—If the Adminis-                and                                                       ‘‘(1) for each of fiscal years 2021 through
                                               trator develops an alternative metric under               ‘‘(ii) may include other sources of emis-            2030, reduce aggregate portfolio-wide scope 1
                                               paragraph (1), the Administrator shall not              sions, such as occupant transportation,                greenhouse gas emissions and scope 2 green-
                                               cease tracking and reporting potable water              water, waste, refrigerants, and embodied car-          house gas emissions (as measured in MTCO2-
                                               consumption intensity in gallons per gross              bon of materials.                                      equivalents) at GSA facilities by at least 4
                                               square foot.                                              ‘‘(C) CARBON EMISSIONS REDUCED OR OFF-               percent each fiscal year, so that the aggre-
                                                 ‘‘(d) STRINGENT GOALS.—In the case of a               SET.—Carbon emissions reduced or offset—               gate portfolio-wide scope 1 greenhouse gas
                                               conflict between a goal established under                 ‘‘(i) shall include carbon—                          emissions and scope 2 greenhouse gas emis-
                                               subsection (a) and a Federal energy or water              ‘‘(I) associated with exports of renewable           sions are reduced by not less than 40 percent
                                               intensity goal established pursuant to any              energy generated on site; and                          by fiscal year 2030 relative to the aggregate
                                               other Federal law with respect to GSA facili-             ‘‘(II) substantiated with ownership of re-           portfolio-wide scope 1 greenhouse gas emis-
                                               ties, the Administrator shall apply the more            newable energy certificates; and                       sions and scope 2 greenhouse gas emissions




SSpencer on DSK126QN23PROD with SENATE
                                               stringent goal.                                           ‘‘(ii) may include—                                  at GSA facilities in fiscal year 2018; and
                                                 ‘‘(e) PRIVATE SECTOR FINANCING PRI-                     ‘‘(I) allowed offsite renewable energy                  ‘‘(2) ensure that, in the case of the con-
                                               ORITY.—                                                 sources substantiated with renewable energy            struction of a new GSA facility with more
                                                 ‘‘(1) IN GENERAL.—In carrying out this sec-           certificates; and                                      than 10,000 gross square feet—
                                               tion, the Administrator shall prioritize                  ‘‘(II) allowed carbon offsets.                          ‘‘(A) for which a prospectus is submitted
                                               projects in which Federal funds will be used              ‘‘(4) NET-ZERO ENERGY.—                              during the period of fiscal years 2021 through
                                               to leverage private sector financing using                ‘‘(A) IN GENERAL.—The term ‘net-zero en-             2025, not less than 50 percent of cumulative
                                               public-private      partnerships,      including        ergy’ means, with respect to a highly energy-          gross floor area and not less than 25 percent




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5967
                                               of cumulative building projects are designed            tablished by section 324A of the Energy Pol-           ‘‘Sec. 444. Zero emission vehicle infrastruc-
                                               to perform as net-zero energy buildings in              icy and Conservation Act (42 U.S.C. 6294a).                          ture goals.
                                               operation, and, if feasible, net-zero carbon              ‘‘(c) INCLUSION IN PROJECTS.—The Adminis-            ‘‘Sec. 445. Deep energy retrofit goals.’’.
                                               buildings, net-zero water buildings, and net-           trator shall, to the maximum extent prac-              SEC. 41304. RESILIENT AND HEALTHY BUILDINGS.
                                               zero waste buildings;                                   ticable, ensure that appropriate zero emis-              (a) IN GENERAL.—Subtitle C of title IV of
                                                 ‘‘(B) for which a prospectus is submitted             sion vehicle infrastructure, including elec-           the Energy Independence and Security Act of
                                               during the period of fiscal years 2026 through          tric vehicle supply equipment and electric             2007 (Public Law 110–140; 121 Stat. 1607) (as
                                               2030, not less than 90 percent of cumulative            vehicle infrastructure, are included in, with          amended by section 41303(a)) is amended by
                                               gross floor area and not less than 45 percent           respect to a GSA facility—                             adding at the end the following:
                                               of cumulative building projects are designed              ‘‘(1) any prospectus for a construction, al-         ‘‘SEC. 446. RESILIENT AND HEALTHY BUILDINGS.
                                               to perform as net-zero energy buildings in              teration, or lease project;                               ‘‘(a) DEFINITIONS.—In this section:
                                               operation and, if feasible, net-zero carbon               ‘‘(2) any prospectus for an alteration of a             ‘‘(1) FLOOD RISK AREA.—
                                               buildings, net-zero water buildings, and net-           leased building;                                          ‘‘(A) IN GENERAL.—Subject to subparagraph
                                               zero waste buildings; and                                 ‘‘(3) any contract for parking lot paving or         (B), the term ‘flood risk area’ means—
                                                 ‘‘(C) for which a prospectus is submitted in          repaving; and                                            ‘‘(i) an area delineated by an elevation of 2
                                               fiscal year 2031 or any fiscal year thereafter,           ‘‘(4) any other appropriate project.                 feet above the 100-year floodplain; and
                                               not less than 100 percent of cumulative gross             ‘‘(d) PRIVATE SECTOR FINANCING.—In car-                ‘‘(ii) an area delineated by an elevation
                                               floor area and not less than 100 percent of cu-         rying out this section, the Administrator is           equal to the 500-year floodplain.
                                               mulative building projects are designed to              encouraged to use funds to leverage private              ‘‘(B) CLIMATE SCIENCE.—In applying the
                                               perform as net-zero energy buildings in oper-           sector financing if doing so is advantageous           definition of the term ‘flood risk area’ for
                                               ation and, if feasible, net-zero carbon build-          to the General Services Administration.                purposes of carrying out this section, the Ad-
                                               ings, net-zero water buildings, and net-zero              ‘‘(e) REPORT.—Not later than 2 years after           ministrator shall consider current climate
                                               waste buildings.                                        the date of enactment of this section, the             science in identifying the elevation of the
                                                 ‘‘(c) BUILDING EXCLUSION.—                            Administrator shall submit to Congress a re-           100-year and 500-year floodplain.
                                                 ‘‘(1) IN GENERAL.—The Administrator may               port describing the progress made in meeting             ‘‘(2) RESILIENCE.—The term ‘resilience’
                                               exclude from the requirements of subsection             the goals described in subsection (a)(1).              means the ability to adapt to changing con-
                                               (b)(1) any new GSA facility for which net-                ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                                                                              ditions and withstand and rapidly recover
                                               zero energy is technically infeasible.                  There is authorized to be appropriated to the
                                                                                                                                                              from disruption due to an emergency.
                                                 ‘‘(2) REPORT.—The Administrator shall in-             Administrator $50,000,000—                               ‘‘(b) FLOOD PROTECTION.—For any con-
                                               clude in the report submitted to the Sec-                 ‘‘(1) to achieve the zero emission vehicle           struction or rehabilitation project adminis-
                                               retary under section 548(a) of the National             infrastructure goals developed under sub-              tered by the Administrator, the Adminis-
                                               Energy Conservation Policy Act (42 U.S.C.               section (a)(1), including through projects in          trator shall—
                                               8258(a)) a list identifying each GSA facility           support of those goals; and                              ‘‘(1) determine whether there is a flood risk
                                               excluded under paragraph (1).                             ‘‘(2) for the cost of any additional employ-         area in the location of the project; and
                                                 ‘‘(d) INNOVATIVE BUILDING TECHNOLOGIES.—              ees, contractors, and training needed to sup-            ‘‘(2) in the case of a positive determination
                                               In carrying out subsection (b), the Adminis-            port those goals.                                      under paragraph (1)—
                                               trator may use lifecycle cost effective (in-            ‘‘SEC. 445. DEEP ENERGY RETROFIT GOALS.
                                               cluding the cost of carbon) innovative build-                                                                    ‘‘(A) to the extent possible, avoid new con-
                                                                                                          ‘‘(a) DEFINITION OF DEEP ENERGY RETROFIT            struction in the flood risk area; and
                                               ing technologies, including onsite energy               PROJECT.—In this section, the term ‘deep en-
                                               storage, all-electric buildings, building-grid                                                                   ‘‘(B) if new construction cannot be avoided
                                                                                                       ergy retrofit project’ means a project that—           under subparagraph (A)—
                                               integration technologies, electric construc-              ‘‘(1) reduces the energy consumption of a
                                               tion vehicles, and other technologies.                                                                           ‘‘(i) ensure that the new construction
                                                                                                       GSA facility by not less than 35 percent as            will—
                                                 ‘‘(e) PRIVATE SECTOR FINANCING PRI-
                                                                                                       compared to the energy consumption of the                ‘‘(I) raise all essential services 5 feet above
                                               ORITY.—In carrying out renovation projects
                                                                                                       GSA facility before the project;                       the applicable floodplain; and
                                               under this section, the Administrator shall
                                                                                                         ‘‘(2) moves a facility toward net-zero en-             ‘‘(II) include a design for quick recovery in
                                               prioritize projects in which Federal funds
                                                                                                       ergy (as defined in section 443(a)); and               a flooding event;
                                               will be used to leverage private sector fi-
                                                                                                         ‘‘(3) may include water efficiency and dis-            ‘‘(ii) rehabilitate existing buildings located
                                               nancing using public-private partnerships,
                                               including through energy savings perform-               tributed energy resources.                             in the flood risk area to better withstand
                                                                                                         ‘‘(b) ESTABLISHMENT.—Subject to the avail-           flood risk; and
                                               ance contracts and other mechanisms.
                                                 ‘‘(f) FUNDS.—The Administrator shall use a            ability of appropriated funds, the Adminis-              ‘‘(iii) develop a flood vulnerability assess-
                                               portion of the funds made available under               trator shall, for each of fiscal years 2021            ment and mitigation plan to protect life and
                                               section 442(f) to carry out this section.               through 2030, obligate funds for deep energy           property.
                                               ‘‘SEC.   444.
                                                          ZERO EMISSION VEHICLE INFRA-                 retrofit projects that, in total, are carried            ‘‘(c) RESILIENCE METRICS.—The Adminis-
                                                          STRUCTURE GOALS.                             out at not less than 3 percent of GSA facili-          trator shall—
                                                 ‘‘(a) ANNUAL GOALS.—The Administrator                 ties, which shall represent not less than 5              ‘‘(1) pilot test metrics to measure and im-
                                               shall—                                                  percent of the total square footage of all             prove the resilience of GSA facilities, includ-
                                                 ‘‘(1) develop annual goals for deployment of          GSA facilities.                                        ing the physical aspects of the facilities, the
                                               zero emission vehicle infrastructure, includ-             ‘‘(c)   RENOVATIONS.—The      Administrator          health and wellness of occupants of the fa-
                                               ing electric vehicle supply equipment, at               shall—                                                 cilities, and communities and systems serv-
                                               GSA facilities such that by December 31,                  ‘‘(1) seek to coordinate deep energy retrofit        ing or served by the facilities; and
                                               2030, at least 50 percent of GSA facilities             projects with other building renovations and             ‘‘(2) in carrying out paragraph (1), consider
                                               with 200 or more daily employees and visi-              capital projects; and                                  emerging resilience tools and rating systems
                                               tors offer zero emission vehicle charging or              ‘‘(2) in conducting preplanning for a pro-           for resilience, including building-grid opti-
                                               fueling; and                                            spective capital project, evaluate the appro-          mization.
                                                 ‘‘(2) develop guidance to ensure progress             priateness, and the costs and benefits, of in-           ‘‘(d) GREEN INFRASTRUCTURE.—The Admin-
                                               towards those annual goals.                             cluding a deep energy retrofit project.                istrator shall prioritize the use of appro-
                                                 ‘‘(b) PLAN.—The Administrator shall pre-                ‘‘(d) PRIVATE SECTOR FINANCING PRI-                  priate green infrastructure features on feder-
                                               pare a detailed plan—                                   ORITY.—                                                ally owned property—
                                                 ‘‘(1) to achieve the goals described in sub-            ‘‘(1) IN GENERAL.—In carrying out this sec-            ‘‘(1) to improve stormwater and waste-
                                               section (a)(1); and                                     tion, the Administrator shall prioritize               water management;
                                                 ‘‘(2) that—                                           projects in which Federal funds will be used             ‘‘(2) to alleviate onsite and offsite flooding
                                                 ‘‘(A) identifies particular GSA facilities or         to leverage private sector financing using             and water quality impacts; and
                                               campuses as priority facilities or campuses,            public-private      partnerships,     including          ‘‘(3) to reduce and mitigate risks of cli-
                                               as applicable, at which to achieve those                through energy savings performance con-                mate change to GSA facilities and proximate
                                               goals, including by considering demand for              tracts and other mechanisms.                           communities.
                                               zero emission vehicle charging and fueling,               ‘‘(2) ANALYSIS.—The Administrator shall                ‘‘(e) OPERATING BUILDINGS FOR HEALTH.—
                                               locations of zero emission vehicle fleets of            select priority projects under paragraph (1)             ‘‘(1) METRICS AND DATA.—The Adminis-
                                               the General Services Administration and                 on the basis of analysis that ensures a max-           trator shall—
                                               tenant Federal agencies, locations relevant             imum beneficial use of private finance for               ‘‘(A) implement human-centric metrics




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                                               to State zero emission vehicle charging and             the project.’’.                                        and measurement tools to improve the in-
                                               fueling needs, geographical gaps in zero                  (b) CLERICAL AMENDMENT.—The table of                 door environmental qualities, including air
                                               emission vehicle charging infrastructure,               contents for the Energy Independence and               and water quality, that support improved
                                               availability of incentives, and other factors;          Security Act of 2007 (Public Law 110–140; 121          health and wellness of Federal employees;
                                               and                                                     Stat. 1494) is amended by adding after the             and
                                                 ‘‘(B) includes a requirement that all appli-          item relating to section 441 the following:              ‘‘(B) collect, manage, and analyze the data
                                               cable electric vehicle supply equipment is              ‘‘Sec. 442. Energy and water efficiency goals.         generated by the metrics and tools imple-
                                               certified under the Energy Star program es-             ‘‘Sec. 443. Net-zero goals.                            mented under subparagraph (A).




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                                               S5968                                             CONGRESSIONAL RECORD — SENATE                                                          August 5, 2021
                                                 ‘‘(2) STRATEGIC PLAN.—Not later than 1                  (A) IN GENERAL.—In carrying out improve-             ministrator of the Environmental Protection
                                               year after the date of enactment of the                 ments under paragraph (1) in a fiscal-year             Agency, the Director of the Federal Energy
                                               GREEN Building Jobs Act of 2021, the Ad-                period, the Administrator shall, to the max-           Management Program, and the Chair of the
                                               ministrator shall develop and make publicly             imum extent practicable, use not less than             Council on Environmental Quality, shall de-
                                               available a strategic plan for the design, con-         the amount made available under paragraph              velop recommendations for systems, includ-
                                               struction, and operation of GSA facilities              (3) for that fiscal year to leverage private           ing customized Energy Star Portfolio Man-
                                               that—                                                   sector financing using public-private part-            ager fields and dashboards, for use by Fed-
                                                 ‘‘(A) is based on the data described in para-         nerships, including through energy savings             eral facilities in tracking compliance and
                                               graph (1)(B);                                           performance contracts and other mecha-                 progress of new and existing buildings with
                                                 ‘‘(B) provides for implementation of pri-             nisms.                                                 the Guiding Principles for Sustainable Fed-
                                               ority practices by the end of fiscal year 2022;           (B) PERFORMANCE REQUIREMENT.—Any pub-                eral Buildings, including by considering—
                                               and                                                     lic-private partnership entered into pursuant            (1) campus, installation, and portfolio ap-
                                                 ‘‘(C) may provide for phased implementa-              to subparagraph (A) shall include a perform-           proaches;
                                               tion of additional effective practices.                 ance component that ensures effective use of             (2) suggested targets; and
                                                 ‘‘(3) ADMINISTRATION.—In carrying out                 funds, lasting energy and cost savings, and              (3) relevant metrics.
                                               paragraphs (1) and (2), the Administrator               job creation.                                          SEC.   41308.    STUDY ON FEDERAL BUILDINGS
                                               shall—                                                    (3) AUTHORIZATION OF APPROPRIATIONS.—                                FUND LENDING PROGRAM.
                                                 ‘‘(A) consider emerging occupant-centric              There is authorized to be appropriated to the            Not later than 1 year after the date of en-
                                               environmental health monitoring tools and               Administrator to carry out this subsection             actment of this Act, the Administrator of
                                               building control systems for improved health            $1,000,000,000, to remain available until ex-          General Services, acting through the Federal
                                               and wellness, including approaches such as              pended.                                                Director of the Office of High-Performance
                                               measurement of accumulated daily circadian              SEC. 41306. LONG-TERM CONTRACTS FOR RENEW-             Green Buildings (referred to in this section
                                               light dosage, surveys of occupant satisfac-                          ABLE ENERGY.                              as the ‘‘Administrator’’), shall make publicly
                                               tion and perceptions, assessments of physical             (a) DEFINITIONS.—In this section:                    available a report that evaluates and de-
                                               activity, social interaction, and mobility,               (1) COGENERATION FACILITY.—The term ‘‘co-            scribes the potential efficacy, costs, and ben-
                                               and measurement of reduced exposure to                  generation facility’’ has the meaning given            efits of a program under which the Adminis-
                                               contaminants in air and drinking water;                 the term in section 3 of the Federal Power             trator would—
                                                 ‘‘(B) incorporate strategies to reduce risk           Act (16 U.S.C. 796).                                     (1) borrow funds from the Federal Build-
                                               of transmission of viruses and other patho-                (2) RENEWABLE ENERGY SOURCE.—The term               ings Fund for building energy and water effi-
                                               gens; and                                               ‘‘renewable energy source’’ has the meaning            ciency and resilience retrofits, including
                                                 ‘‘(C)(i) benchmark health and well-being              given the term ‘‘renewable energy’’ in sec-            through projects that use funds to leverage
                                               management performance to leadership                    tion 203(b) of the Energy Policy Act of 2005           private sector financing, including through
                                               standards; and                                          (42 U.S.C. 15852(b)).                                  energy savings performance contracts; and
                                                 ‘‘(ii) include in certification activities the           (b) CONTRACTS.—                                       (2) repay the Federal Buildings Fund from
                                               strategies and performance measures consid-                (1) IN GENERAL.—The Administrator of                utility savings.
                                               ered and used under this subsection as tools            General Services may enter into a contract             SEC. 41309. ANNUAL REPORTING ON LEVERAGED
                                               to monitor and improve outcomes.                        for the acquisition of energy generated from                        PRIVATE FINANCING.
                                                 ‘‘(f) GUIDANCE; TRAINING.—The Adminis-                renewable energy sources or from cogenera-               (a) IN GENERAL.—For each of fiscal years
                                               trator, acting through the Federal Director             tion facilities.                                       2021 through 2030, the Administrator of Gen-
                                               of the Office of Federal High-Performance                  (2) RENEWABLE ENERGY CERTIFICATES.—In               eral Services, acting through the Federal Di-
                                               Green Buildings, may issue guidance and                 entering into a contract under paragraph (1),          rector of the Office of High-Performance
                                               provide training to implement this section.             the Administrator of General Services                  Green Buildings (referred to in this section
                                                 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—               shall—                                                 as the ‘‘Administrator’’), shall include the
                                               There is authorized to be appropriated to the              (A) include in the contract the acquisition         information described in subsection (b)—
                                               Administrator $300,000,000 to carry out this            of renewable energy certificates; or                     (1) in the annual report submitted to the
                                               section, to remain available until ex-                     (B) secure by other means renewable en-             Secretary pursuant to section 548(a) of the
                                               pended.’’.                                              ergy certificates of equal term and quantity           National Energy Conservation Policy Act (42
                                                 (b) CLERICAL AMENDMENT.—The table of                  to the term and quantity of energy procured            U.S.C. 8258(a));
                                               contents for the Energy Independence and                under the contract.                                      (2) as a summary in the annual report pre-
                                               Security Act of 2007 (Public Law 110–140; 121              (3) TERM OF CONTRACT.—Notwithstanding               pared by the Administrator pursuant to sec-
                                               Stat. 1494) (as amended by section 41303(b)) is         section 501(b)(1)(B) of title 40, United States        tion 527 of the Energy Independence and Se-
                                               amended by adding after the item relating to            Code, the term of a contract entered into              curity Act of 2007 (42 U.S.C. 17143); and
                                               section 445 the following:                              under this subsection shall be not more than             (3) as a summary in the annual General
                                               ‘‘Sec. 446. Resilient and healthy buildings.’’.         30 years.                                              Services Administration Sustainability Re-
                                               SEC. 41305. FEDERAL BUILDING IMPROVEMENTS.              SEC. 41307. RECOMMENDATIONS.                           port and Implementation Plan.
                                                 (a) DEFINITIONS.—In this section:                       (a) DEFINITION OF ADMINISTRATOR.—In this               (b) INFORMATION.—The information re-
                                                 (1) ADMINISTRATOR.—The term ‘‘Adminis-                section, the term ‘‘Administrator’’ means              ferred to in subsection (a) is, with respect to
                                               trator’’ means the Administrator of General             the Administrator of General Services, act-            the fiscal year covered by a report—
                                               Services.                                               ing through the Federal Director of the Of-              (1) the investment value and number of en-
                                                 (2) GSA FACILITY.—The term ‘‘GSA facil-               fice of High-Performance Green Buildings.              ergy savings performance contracts entered
                                               ity’’ has the meaning given the term in sec-              (b) SUSTAINABILITY AND RESILIENCE.—The               into by the Administrator;
                                               tion 401 of the Energy Independence and Se-             Administrator, in consultation with the Sec-             (2) the investment value and number of
                                               curity Act of 2007 (42 U.S.C. 17061).                   retary of Health and Human Services, the               other forms of public-private partnerships
                                                 (b) ENERGY EFFICIENCY IMPROVEMENTS.—                  Secretary of Homeland Security, the Admin-             that leverage private sector financing en-
                                                 (1) IN GENERAL.—The Administrator shall               istrator of the Federal Emergency Manage-              tered into by the Administrator for energy
                                               carry out energy efficiency improvements to             ment Agency, the Secretary of Veterans Af-             efficiency projects;
                                               GSA facilities, including—                              fairs, the Administrator of the Environ-                 (3) for each of the 2 fiscal years following
                                                 (A) actionable energy projects—                       mental Protection Agency, the Secretary,               the fiscal year covered by the report, the
                                                 (i) identified in the most recent energy and          and the Chair of the Council on Environ-               projected value and number described in
                                               water evaluation for a facility conducted—              mental Quality, shall develop recommenda-              each of paragraphs (1) and (2);
                                                 (I) under section 543(f)(3) of the National           tions for sustainability and resilience at hos-          (4) the total estimated implementation
                                               Energy Conservation Policy Act (42 U.S.C.               pitals and health care facilities, including           costs and estimated lifecycle cost savings of
                                               8253(f)(3)); and                                        by—                                                    outstanding energy conservation measures
                                                 (II) prior to 2020; and                                 (1) incorporating building and health                at facilities that meet the criteria described
                                                 (ii) that are life-cycle cost-effective;              sciences research related to health and                in section 543(f)(2)(B) of the National Energy
                                                 (B) additional measures to support the                wellness;                                              Conservation       Policy    Act   (42    U.S.C.
                                               goals of each of sections 442 through 444 of              (2) identifying relevant metrics;                    8253(f)(2)(B)); and
                                               the Energy Independence and Security Act of               (3) prioritizing proven strategies;                    (5) recommendations to increase the aggre-
                                               2007 (Public Law 110–140);                                (4) referencing, as appropriate, criteria in         gate benefits and value provided to the Gen-




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                                                 (C) additional measures to support activi-            the Guiding Principles for Sustainable Fed-            eral Services Administration through public-
                                               ties under section 445 of the Energy Inde-              eral Buildings; and                                    private partnerships with respect to energy
                                               pendence and Security Act of 2007 (Public                 (5) developing corresponding recommended             efficiency, renewable energy, and energy re-
                                               Law 110–140); and                                       contract provisions and other templates for            silience.
                                                 (D) combining projects to reduce cost, ad-            use in procurement.                                    SEC. 41310. COORDINATION WITH STATES.
                                               ministration, or implementation time, or                  (c) COMPLIANCE WITH GUIDING PRINCIPLES                 The Administrator of General Services,
                                               otherwise add value.                                    FOR SUSTAINABLE FEDERAL BUILDINGS.—The                 acting through the Federal Director of the
                                                 (2) LEVERAGING PRIVATE SECTOR FUNDS.—                 Administrator, in consultation with the Ad-            Office of High-Performance Green Buildings,




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5969
                                               is encouraged to carry out this title and the           ‘‘2513. Confiscation of wire, oral, or elec-              ‘‘(d) DEFINITIONS.—In this section—
                                               amendments made by this title in coordina-                               tronic communication inter-              ‘‘(1) the terms ‘computer’ and ‘damage’
                                               tion with States, including by—                                          cepting devices and other prop-       have the meanings given the terms in sec-
                                                 (1) sharing resources and providing tech-                              erty.’’.                              tion 1030; and
                                               nical advice to States regarding net-zero                  (c) SHUTTING DOWN BOTNETS.—                            ‘‘(2) the term ‘critical systems and assets’
                                               buildings and carbon reducing technologies;                (1) AMENDMENT.—Section 1345 of title 18,            means systems and assets, whether physical
                                                 (2) coordinating with multistate organiza-            United States Code, is amended—                        or virtual, so vital to the United States that
                                               tions on charging infrastructure technology,               (A) in the heading, by inserting ‘‘and              the incapacity or destruction of such sys-
                                               procurement, and strategic locations relat-             abuse’’ after ‘‘fraud’’;                               tems and assets would have catastrophic re-
                                               ing to zero-emission vehicles;                             (B) in subsection (a)—                              gional or national effects on public health or
                                                 (3) allowing State officials to participate              (i) in paragraph (1)—                               safety, economic security, or national secu-
                                               in appropriate training opportunities; and                 (I) in subparagraph (B), by striking ‘‘or’’ at      rity, including voter registration databases,
                                                 (4) coordinating with States on renewable             the end;                                               voting machines, and other communications
                                               energy procurement benefitting a Federal fa-               (II) in subparagraph (C), by inserting ‘‘or’’       systems that manage the election process or
                                               cility and local communities.                           after the semicolon; and                               report and display results on behalf of State
                                                                     ---                                  (III) by inserting after subparagraph (C)           and local governments.’’.
                                                 SA 2578. Mr. WHITEHOUSE (for him-                     the following:                                            (2) TABLE OF SECTIONS.—The table of sec-
                                               self and Mr. GRAHAM) submitted an                          ‘‘(D) violating or about to violate section         tions for chapter 47 of title 18, United States
                                                                                                       1030(a)(5) of this title where such conduct has        Code, is amended by inserting after the item
                                               amendment intended to be proposed to
                                                                                                       caused or would cause damage (as defined in            relating to section 1030 the following:
                                               amendment SA 2137 proposed by Mr.                       section 1030) without authorization to 100 or          ‘‘1030A. Aggravated damage to computers
                                               SCHUMER (for Ms. SINEMA (for herself,                   more protected computers (as defined in sec-                            used to operate or access crit-
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      tion 1030) during any 1-year period, including                          ical systems and assets.’’.
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    by—                                                       (e) STOPPING DEALING IN BOTNETS; FOR-
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                         ‘‘(i) impairing the availability or integrity       FEITURE.—Section 1030 of title 18, United
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 of the protected computers without author-             States Code, is amended—
                                               to authorize funds for Federal-aid high-                ization; or                                               (1) in subsection (a)—
                                                                                                          ‘‘(ii) installing or maintaining control over          (A) in paragraph (7), by adding ‘‘or’’ at the
                                               ways, highway safety programs, and
                                                                                                       malicious software on the protected com-               end; and
                                               transit programs, and for other pur-                    puters that, without authorization, has                   (B) by inserting after paragraph (7) the fol-
                                               poses; which was ordered to lie on the                  caused or would cause damage to the pro-               lowing:
                                               table; as follows:                                      tected computers;’’; and                                  ‘‘(8) intentionally deals in the means of ac-
                                                 At the end, add the following:                           (ii) in paragraph (2), in the matter pre-           cess to a protected computer, if—
                                               SEC.   lll.   PREVENTING   INTERNATIONAL                ceding subparagraph (A), by inserting ‘‘, a               ‘‘(A) the dealer knows or has reason to
                                                          CYBERCRIME.                                  violation described in subsection (a)(1)(D),’’         know the protected computer has been dam-
                                                 (a) PREDICATE OFFENSES.—Part I of title 18,           before ‘‘or a Federal’’; and                           aged in a manner prohibited by this section;
                                               United States Code, is amended—                            (C) by adding at the end the following:             and
                                                  (1) in section 1956(c)(7)(D)—                           ‘‘(c) A restraining order, prohibition, or             ‘‘(B) the promise or agreement to pay for
                                                  (A) by striking ‘‘or section 2339D’’ and in-         other action by a court described in sub-              the means of access is made by, or on behalf
                                               serting ‘‘section 2339D’’; and                          section (b), if issued in circumstances de-            of, a person the dealer knows or has reason
                                                  (B) by striking ‘‘of this title, section 46502’’     scribed in subsection (a)(1)(D), may, upon ap-         to know intends to use the means of access
                                               and inserting ‘‘, or section 2512 (relating to          plication of the Attorney General—                     to—
                                               the manufacture, distribution, possession,                 ‘‘(1) specify that no cause of action shall            ‘‘(i) damage a protected computer in a
                                               and advertising of wire, oral, or electronic            lie in any court against a person for com-             manner prohibited by this section; or
                                               communication intercepting devices) of this             plying with the restraining order, prohibi-               ‘‘(ii) violate section 1037 or 1343;’’;
                                               title, section 46502’’; and                             tion, or other action by a court; and                     (2) in subsection (c)(3)—
                                                  (2) in section 1961(1), by inserting ‘‘section          ‘‘(2) provide that the United States shall             (A) in subparagraph (A), by striking ‘‘(a)(4)
                                               1030 (relating to fraud and related activity in         pay to such person a fee for reimbursement             or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or
                                               connection with computers) if the act indict-           for such costs as are reasonably necessary             (a)(8)’’; and
                                               able under section 1030 is felonious,’’ before          and which have been directly incurred in                  (B) in subparagraph (B), by striking ‘‘(a)(4),
                                               ‘‘section 1084’’.                                       complying with the restraining order, prohi-           or (a)(7)’’ and inserting ‘‘(a)(4), (a)(7), or
                                                  (b) FORFEITURE.—                                     bition, or other action by a court.’’.                 (a)(8)’’; and
                                                  (1) IN GENERAL.—Section 2513 of title 18,               (2) TECHNICAL AND CONFORMING AMEND-                    (3) in subsection (e)—
                                               United States Code, is amended to read as               MENT.—The table of sections for chapter 63 of             (A) in paragraph (13), by striking ‘‘and’’ at
                                               follows:                                                title 18, United States Code, is amended by            the end;
                                                                                                       striking the item relating to section 1345 and            (B) in paragraph (14), by striking the pe-
                                               ‘‘§ 2513. Confiscation of wire, oral, or elec-                                                                 riod at the end and inserting ‘‘; and’’; and
                                                                                                       inserting the following:
                                                  tronic communication intercepting devices                                                                      (C) by adding at the end the following:
                                                  and other property                                   ‘‘1345. Injunctions against fraud and abuse.’’.
                                                                                                          (d) AGGRAVATED DAMAGE TO COMPUTERS                     ‘‘(15) the term ‘deal’ means transfer, or
                                                  ‘‘(a) IN GENERAL.—The court, in imposing a           USED TO OPERATE OR ACCESS CRITICAL SYS-                otherwise dispose of, to another as consider-
                                               sentence on any person convicted of a viola-            TEMS AND ASSETS.—                                      ation for the receipt of, or as consideration
                                               tion of section 2511 or 2512, or convicted of              (1) IN GENERAL.—Chapter 47 of title 18,             for a promise or agreement to pay, anything
                                               conspiracy to violate section 2511 or 2512,             United States Code, is amended by inserting            of pecuniary value.’’;
                                               shall order, in addition to any other sentence          after section 1030 the following:                         (4) in subsection (g), in the first sentence,
                                               imposed and irrespective of any provision of            ‘‘§ 1030A. Aggravated damage to computers              by inserting ‘‘, except for a violation of sub-
                                               State law, that such person forfeit to the                 used to operate or access critical systems          section (a)(8),’’ after ‘‘of this section’’; and
                                               United States—                                             and assets                                             (5) by striking subsection (i) and inserting
                                                  ‘‘(1) such person’s interest in any property,                                                               the following:
                                                                                                          ‘‘(a) OFFENSE.—It shall be unlawful, during
                                               real or personal, that was used or intended to                                                                    ‘‘(i) CRIMINAL FORFEITURE.—
                                                                                                       and in relation to a felony violation of sec-
                                               be used to commit or to facilitate the com-                                                                       ‘‘(1) IN GENERAL.—The court, in imposing a
                                                                                                       tion 1030, to knowingly cause or attempt to
                                               mission of a violation of section 2511 or 2512;                                                                sentence on any person convicted of a viola-
                                                                                                       cause damage to a computer used to operate
                                               and                                                                                                            tion of this section, or convicted of con-
                                                                                                       or access critical systems and assets, if such
                                                  ‘‘(2) any property, real or personal, consti-                                                               spiracy to violate this section, shall order, in
                                                                                                       damage results in (or, in the case of an at-
                                               tuting or derived from any gross proceeds, or           tempted offense, would, if completed, have             addition to any other sentence imposed and
                                               any property traceable to such property,                resulted in) the substantial impairment—               irrespective of any provision of State law,
                                               that such person obtained or retained di-                  ‘‘(1) of the operation of the computer; or          that such person forfeit to the United
                                               rectly or indirectly as a result of a violation            ‘‘(2) of the critical systems and assets asso-      States—
                                               of section 2511 or 2512.                                ciated with such computer.                                ‘‘(A) such person’s interest in any prop-
                                                  ‘‘(b) FORFEITURE PROCEDURES.—Pursuant                   ‘‘(b) PENALTY.—Any person who violates              erty, real or personal, that was used or in-
                                               to section 2461(c) of title 28, the procedures                                                                 tended to be used to commit or to facilitate




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       subsection (a) shall, in addition to the term
                                               of section 413 of the Controlled Substances             of punishment provided for the felony viola-           the commission of such violation; and
                                               Act (21 U.S.C. 853), other than subsection (d)          tion of section 1030, be fined under this title,          ‘‘(B) any property, real or personal, consti-
                                               thereof, shall apply to criminal forfeitures            imprisoned for not more than 20 years, or              tuting or derived from any gross proceeds, or
                                               under this section.’’.                                  both.                                                  any property traceable to such property,
                                                  (2) TECHNICAL AND CONFORMING AMEND-                     ‘‘(c) PROHIBITION ON PROBATION.—Notwith-            that such person obtained, directly or indi-
                                               MENT.—The table of sections for chapter 119             standing any other provision of law, a court           rectly, as a result of such violation.
                                               is amended by striking the item relating to             shall not place any person convicted of a vio-            ‘‘(2) APPLICABLE PROVISIONS.—The criminal
                                               section 2513 and inserting the following:               lation of this section on probation;                   forfeiture of property under this subsection,




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                                               S5970                                             CONGRESSIONAL RECORD — SENATE                                                          August 5, 2021
                                               including any seizure and disposition of the            amendment SA 2137 proposed by Mr.                       amendment SA 2137 proposed by Mr.
                                               property, and any related judicial pro-                 SCHUMER (for Ms. SINEMA (for herself,                   SCHUMER (for Ms. SINEMA (for herself,
                                               ceeding, shall be governed by the procedures            Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               of section 413 of the Controlled Substances
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               Act (21 U.S.C. 853), except subsection (d) of
                                               that section.’’.                                        TESTER, Ms. MURKOWSKI, Mr. WARNER,                      TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                                                                       and Mr. ROMNEY)) to the bill H.R. 3684,                 and Mr. ROMNEY)) to the bill H.R. 3684,
                                                 SA 2579. Mr. PADILLA (for himself                     to authorize funds for Federal-aid high-                to authorize funds for Federal-aid high-
                                               and Mrs. FEINSTEIN) submitted an                        ways, highway safety programs, and                      ways, highway safety programs, and
                                               amendment intended to be proposed to                    transit programs, and for other pur-                    transit programs, and for other pur-
                                               amendment SA 2137 proposed by Mr.                       poses; which was ordered to lie on the                  poses; which was ordered to lie on the
                                               SCHUMER (for Ms. SINEMA (for herself,                   table; as follows:                                      table; as follows:
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                        On page 50, lines 20 and 21, strike ‘‘(32), (33),       On page 2486, line 12, insert ‘‘Provided fur-
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    (34), (35), and (36)’’ and insert ‘‘(33), (34), (35),
                                                                                                                                                               ther, That in allocating funds under the pre-
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                      (36), and (37)’’.
                                                                                                                                                               vious proviso, the Secretary of the Army
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                   On page 52, strike lines 7 through 9 and in-          shall prioritize ship channel deepening
                                               to authorize funds for Federal-aid high-                sert the following:                                     projects:’’ after ‘‘322):’’.
                                                                                                       natural disasters.’’;
                                               ways, highway safety programs, and
                                                                                                         (5) by inserting after paragraph (31) (as so
                                               transit programs, and for other pur-                    redesignated) the following:                              SA 2583. Mr. DAINES submitted an
                                               poses; which was ordered to lie on the                    ‘‘(32) TRANSPORTATION DEMAND MANAGE-                  amendment intended to be proposed to
                                               table; as follows:                                      MENT.—The term ‘transportation demand                   amendment SA 2137 proposed by Mr.
                                                 On page 63, line 17, strike ‘‘and’’.                  management’ means the use of strategies to              SCHUMER (for Ms. SINEMA (for herself,
                                                 On page 65, line 24, strike the period at the         inform and encourage travelers to maximize              Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               end and insert ‘‘; and’’.                               the efficiency of a transportation system,              SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                 On page 65, after line 24, insert the fol-            leading to improved mobility, reduced con-
                                               lowing:                                                                                                         TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                                                                       gestion, and lower vehicle emissions, includ-
                                                 (4) by adding at the end the following:                                                                       and Mr. ROMNEY)) to the bill H.R. 3684,
                                                                                                       ing strategies that use planning, programs,
                                                 ‘‘(h) IMPOSITION OF DEADLINE.—
                                                                                                       policies, marketing, communications, incen-             to authorize funds for Federal-aid high-
                                                 ‘‘(1) IN GENERAL.—Notwithstanding any                                                                         ways, highway safety programs, and
                                                                                                       tives, pricing, data, and technology.’’; and
                                               other provision of law, the Secretary may                                                                       transit programs, and for other pur-
                                                                                                         (6) in subparagraph (A) of paragraph (33)
                                               not require any project funded under this
                                                                                                       (as                                                     poses; which was ordered to lie on the
                                               section to advance to the construction obli-
                                               gation stage before the date that is the last             On page 126, line 17, strike ‘‘or’’.                  table; as follows:
                                               day of the sixth fiscal year after the later              On page 127, strike line 3 and insert the fol-          At the end of title VIII of division D, add
                                                                                                       lowing:                                                 the following:
                                               of—
                                                 ‘‘(A) the date on which the Governor de-              a national ambient air quality standard; or
                                                                                                                                                               SEC. 408llll. TREATMENT OF CERTAIN LAND
                                               clared the emergency, as described in sub-                ‘‘(12) if the project or program shifts traffic
                                                                                                                                                                         AND    RESOURCE    MANAGEMENT
                                               section (d)(1)(A); and                                  demand through the use of transportation                          PLANS AND LAND USE PLANS.
                                                 ‘‘(B) the date on which the President de-             demand management strategies.’’;
                                                                                                         On page 242, line 22, strike ‘‘and’’.                   (a) NATIONAL FOREST SYSTEM LAND AND
                                               clared the emergency to be a major disaster,              On page 242, between lines 23 and 24, insert          RESOURCE MANAGEMENT PLAN.—Section 6 of
                                               as described in that subsection.                        the following:                                          the Forest and Rangeland Renewable Re-
                                                 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec-                (iv) travel demand impacts from State and             sources Planning Act of 1974 (16 U.S.C. 1604)
                                               retary imposes a deadline for advancement                                                                       is amended by adding at the end the fol-
                                                                                                       local transportation demand management
                                               to the construction obligation stage pursu-                                                                     lowing:
                                                                                                       strategies; and
                                               ant to paragraph (1), the Secretary may—                  On page 341, line 17, strike ‘‘and’’.                   ‘‘(n) COMPLETED FEDERAL ACTION.—A land
                                                 ‘‘(A) on the request of the Governor of the             On page 341, strike line 21 and insert the            and resource management plan for a unit of
                                               State, issue an extension of not more than 1            following:                                              the National Forest System approved,
                                               year to complete the advancement; and                   nonpeak periods; and                                    amended, or revised under this section shall
                                                 ‘‘(B) issue additional extensions after the             ‘‘(E) transportation demand management                not—
                                               expiration of any extension, if the Secretary           strategies.                                               ‘‘(1) be considered to be a continuing Fed-
                                               determines the Governor of the State has                                                                        eral agency action; or
                                               provided suitable justification to warrant                SA 2581. Mr. PADILLA (for himself                       ‘‘(2) constitute a discretionary Federal in-
                                               such an extension.’’.                                   and Mrs. FEINSTEIN) submitted an                        volvement or control for a distinct Federal
                                                 On page 1266, strike lines 4 and 5 and insert
                                               the following:
                                                                                                       amendment intended to be proposed to                    purpose.’’.
                                                                                                       amendment SA 2137 proposed by Mr.                         (b) BUREAU OF LAND MANAGEMENT LAND
                                               has insurance required under State law for                                                                      USE PLANS.—Section 202 of the Federal Land
                                                                                                       SCHUMER (for Ms. SINEMA (for herself,
                                               all structures related to the grant applica-                                                                    Policy and Management Act of 1976 (43
                                               tion.                                                   Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    U.S.C. 1712) is amended by adding at the end
                                                 ‘‘(g) IMPOSITION OF DEADLINE.—
                                                                                                       TESTER, Ms. MURKOWSKI, Mr. WARNER,                      the following:
                                                 ‘‘(1) IN GENERAL.—Notwithstanding any
                                                                                                                                                                 ‘‘(g) COMPLETED FEDERAL ACTION.—A land
                                               other provision of law, the Secretary may               and Mr. ROMNEY)) to the bill H.R. 3684,
                                               not require any project funded pursuant to                                                                      management plan approved, amended, or re-
                                                                                                       to authorize funds for Federal-aid high-                vised under this section shall not—
                                               this section to advance to the construction             ways, highway safety programs, and
                                               obligation stage before the date that is the                                                                      ‘‘(1) be considered to be a continuing Fed-
                                                                                                       transit programs, and for other pur-                    eral agency action; or
                                               last day of the sixth fiscal year after the
                                                                                                       poses; which was ordered to lie on the                    ‘‘(2) constitute a discretionary Federal in-
                                               later of—
                                                 ‘‘(A) the date on which the Governor de-              table; as follows:                                      volvement or control for a distinct Federal
                                               clared the emergency, as described in sub-                 On page 1253, strike line 23 and insert the          purpose.’’.
                                               section (a)(1); or                                      following:
                                                 ‘‘(B) the date on which the President de-                (1) in subsection (a)(1)—                              SA 2584. Mr. CORNYN (for himself
                                               clared the emergency to be a major disaster,               (A) by striking ‘‘means a State’’ and in-            and Mr. PADILLA) submitted an amend-
                                               as described in that subsection.                        serting the following: ‘‘means—                         ment intended to be proposed to
                                                 ‘‘(2) EXTENSION OF DEADLINE.—If the Sec-                 ‘‘(A) a State’’;
                                                                                                                                                               amendment SA 2137 proposed by Mr.
                                               retary imposes a deadline for advancement                  (B) by striking ‘‘Government.’’ and insert-
                                                                                                       ing ‘‘Government; or’’; and                             SCHUMER (for Ms. SINEMA (for herself,
                                               to the construction obligation stage pursu-
                                               ant to paragraph (1), the Secretary may—                   (C) by adding at the end the following:              Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                 ‘‘(A) on the request of the Governor of the              ‘‘(B) a State or local governmental entity           SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               State, issue an extension of not more than 1            that operates a public transportation service           TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               year to complete the advancement, and                   and receives and administers Federal transit            and Mr. ROMNEY)) to the bill H.R. 3684,




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(B) issue additional extensions after the           program grant funds for both rural and                  to authorize funds for Federal-aid high-
                                               expiration of any extension, if the Secretary           urban areas.’’;                                         ways, highway safety programs, and
                                               determines the Governor of the State has                   (2) in subsection (c)—
                                                                                                                                                               transit programs, and for other pur-
                                               provided suitable justification to warrant                 On page 1254, line 23, strike ‘‘(2)’’ and insert
                                                                                                                                                               poses; which was ordered to lie on the
                                               such an extension.’’.                                   ‘‘(3)’’.
                                                                                                                                                               table; as follows:
                                                SA 2580. Mr. PADILLA submitted an                       SA 2582. Mr. CRUZ submitted an                           At the appropriate place in division I, in-
                                               amendment intended to be proposed to                    amendment intended to be proposed to                    sert the following:




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5971
                                               SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-                 ‘‘(xviii) A project that receives credit as-         under section 150 of title 23, United States
                                                          LIEF FUNDS FOR INFRASTRUCTURE                sistance under the TIFIA program under                 Code.
                                                          PROJECTS.                                    chapter 6 of title 23, United States Code.               ‘‘(iv) OVERSIGHT.—The Secretary may dele-
                                                 (a) IN GENERAL.—Title VI of the Social Se-              ‘‘(xix) A project that furthers the comple-          gate oversight and administration of the re-
                                               curity Act (42 U.S.C. 801 et seq.) is amend-            tion of a designated route of the Appalachian          quirements described in clause (iii) to the
                                               ed—                                                     Development Highway System under section               appropriate Federal agency.
                                                 (1) in section 602—                                   14501 of title 40, United States Code.                   ‘‘(D) AVAILABILITY.—Funds provided under
                                                 (A) in subsection (a)(1), by inserting ‘‘(ex-           ‘‘(xx) A project that receives a grant under         a payment made under this section to a
                                               cept as provided in subsection (c)(4))’’ after          section 5307 of title 49, United States Code.          State, territory, or Tribal government shall
                                               ‘‘December 31, 2024’’; and                                ‘‘(xxi) A project that receives a grant              remain available for obligation for a use de-
                                                 (B) in subsection (c)—                                under section 5309 of title 49, United States          scribed in subparagraph (A) through Decem-
                                                 (i) in paragraph (1), in the matter pre-              Code.                                                  ber 31, 2024, except that no amount of such
                                               ceding subparagraph (A), by striking ‘‘para-              ‘‘(xxii) A project that receives a grant             funds may be expended after September 30,
                                               graph (3)’’ and inserting ‘‘paragraphs (3) and          under section 5311 of title 49, United States          2026.’’; and
                                               (4)’’; and                                              Code.                                                    (2) in subsection 603—
                                                 (ii) by adding at the end the following new             ‘‘(xxiii) A project that receives a grant              (A) in subsection (a), by inserting ‘‘(except
                                               paragraph:                                              under section 5337 of title 49, United States          as provided in subsection (c)(5))’’ after ‘‘De-
                                                 ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN              Code.                                                  cember 31, 2024’’; and
                                               INFRASTRUCTURE PROJECTS.—                                 ‘‘(xxiv) A project that receives a grant               (B) in subsection (c)—
                                                 ‘‘(A) IN GENERAL.—Subject to subparagraph             under section 5339 of title 49, United States            (i) in paragraph (1), in the matter pre-
                                               (C), notwithstanding any other provision of             Code.                                                  ceding subparagraph (A), by striking ‘‘para-
                                               law, a State, territory, or Tribal government             ‘‘(xxv) A project that receives a grant              graphs (3) and (4)’’ and inserting ‘‘paragraphs
                                               receiving a payment under this section may              under section 6703 of title 49, United States          (3), (4), and (5)’’; and
                                               use funds provided under such payment for               Code, as added by the Infrastructure Invest-             (ii) by adding at the end the following new
                                               projects described in subparagraph (B), in-             ment and Jobs Act.                                     paragraph:
                                               cluding—                                                  ‘‘(xxvi) A project that receives a grant               ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN
                                                 ‘‘(i) in the case of a project receiving a            under title I of the Housing and Community             INFRASTRUCTURE PROJECTS.—
                                               grant under section 117 of title 23, United             Development Act of 1974 (42 U.S.C. 5301 et               ‘‘(A) IN GENERAL.—Subject to subparagraph
                                               States Code, section 5309 or 6701 of title 49,          seq.).                                                 (B), notwithstanding any other provision of
                                               United States Code, or section 3005(b) of the             ‘‘(xxvii) A project eligible under the bridge        law, a metropolitan city, nonentitlement
                                                                                                       replacement, rehabilitation, preservation,             unit of local government, or county receiv-
                                               FAST Act (49 U.S.C. 5309 note; Public Law
                                                                                                       protection, and construction program under             ing a payment under this section may use
                                               114-94), to satisfy a non-Federal share re-
                                                                                                       paragraph (1) under the heading ‘HIGHWAY IN-           funds provided under such payment for
                                               quirement applicable to such a project; and
                                                                                                       FRASTRUCTURE PROGRAM’ under the heading                projects described in subparagraph (B) of sec-
                                                 ‘‘(ii) in the case of a project receiving cred-
                                                                                                       ‘FEDERAL HIGHWAY ADMINISTRATION’ under                 tion 602(c)(4), including—
                                               it assistance under the TIFIA program under
                                                                                                       the heading ‘DEPARTMENT OF TRANS-                        ‘‘(i) in the case of a project receiving a
                                               chapter 6 of title 23, United States Code—
                                                                                                       PORTATION’ under title VIII of division J of           grant under section 117 of title 23, United
                                                 ‘‘(I) to satisfy a non-Federal share require-
                                                                                                       the Infrastructure Investment and Jobs Act.            States Code, section 5309 or 6701 of title 49,
                                               ment applicable to such a project; and
                                                                                                         ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE-           United States Code, or section 3005(b) of the
                                                 ‘‘(II) to repay a loan provided under such
                                                                                                       MENTS.—                                                FAST Act (49 U.S.C. 5309 note; Public Law
                                               program.
                                                                                                         ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR           114-94), to satisfy a non-Federal share re-
                                                 ‘‘(B) PROJECTS DESCRIBED.—A project re-
                                                                                                       INFRASTRUCTURE PROJECTS.—                              quirement applicable to such a project; and
                                               ferred to in subparagraph (A) is any of the               ‘‘(I) IN GENERAL.—The total amount that a              ‘‘(ii) in the case of a project receiving cred-
                                               following:                                              State, territory, or Tribal government may             it assistance under the TIFIA program under
                                                 ‘‘(i) A project that receives a grant under           use from a payment made under this section             chapter 6 of title 23, United States Code—
                                               section 117 of title 23, United States Code.            for uses described in subparagraph (A) shall             ‘‘(I) to satisfy a non-Federal share require-
                                                 ‘‘(ii) A project eligible under section 119 of        not exceed 30 percent of such payment.                 ment applicable to such a project; and
                                               title 23, United States Code.                             ‘‘(II) RULE OF APPLICATION.—The spending               ‘‘(II) to repay a loan provided under such
                                                 ‘‘(iii) A project eligible under section 124 of       limitation under subclause (I) shall not               program.
                                               title 23, United States Code, as added by the           apply to any use of funds permitted under                ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
                                               Infrastructure Investment and Jobs Act.                 paragraph (1)(D), and any such use of funds            MENTS.—
                                                 ‘‘(iv) A project eligible under section 133 of        shall be disregarded for purposes of applying            ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
                                               title 23, United States Code.                           such spending limitation.                              INFRASTRUCTURE PROJECTS.—
                                                 ‘‘(v) An activity to carry out section 134 of           ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—              ‘‘(I) IN GENERAL.—The total amount that a
                                               title 23, United States Code.                           Funds provided under a payment made under              metropolitan city, nonentitlement unit of
                                                 ‘‘(vi) A project eligible under section 148 of        this section shall not be used for operating           local government, or county may use from a
                                               title 23, United States Code.                           expenses of a project described in clauses             payment made under this section for uses de-
                                                 ‘‘(vii) A project eligible under section 149          (xx) through (xxiv) of subparagraph (B).               scribed in subparagraph (A) shall not exceed
                                               of title 23, United States Code.                          ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-             30 percent of such payment.
                                                 ‘‘(viii) A project eligible under section 151         cept as otherwise provided in this section—              ‘‘(II) RULE OF APPLICATION.—The spending
                                               of title 23, United States Code, as added by              ‘‘(I) the requirements of section 60102 of           limitation under subclause (I) shall not
                                               the Infrastructure Investment and Jobs Act.             the Infrastructure Investment and Jobs Act             apply to any use of funds permitted under
                                                 ‘‘(ix) A project eligible under section 165 of        shall apply to funds provided under a pay-             paragraph (1)(D), and any such use of funds
                                               title 23, United States Code.                           ment made under this section that are used             shall be disregarded for purposes of applying
                                                 ‘‘(x) A project eligible under section 167 of         pursuant to subparagraph (A) for a project             such spending limitation.
                                               title 23, United States Code.                           described in clause (xxvi) of subparagraph               ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—
                                                 ‘‘(xi) A project eligible under section 173 of        (B) that relates to broadband infrastructure;          Funds provided under a payment made under
                                               title 23, United States Code, as added by the             ‘‘(II) the requirements of titles 23, 40, and        this section shall not be used for operating
                                               Infrastructure Investment and Jobs Act.                 49 of the United States Code, title I of the           expenses of a project described in clauses
                                                 ‘‘(xii) A project eligible under section 175          Housing and Community Development Act of               (xx) through (xxiv) of section 602(c)(4)(B).
                                               of title 23, United States Code, as added by            1974 (42 U.S.C. 5301 et seq.), and the National          ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
                                               the Infrastructure Investment and Jobs Act.             Environmental Policy Act of 1969 (42 U.S.C.            cept as otherwise provided in this section—
                                                 ‘‘(xiii) A project eligible under section 176         4321 et. seq) shall apply to funds provided              ‘‘(I) the requirements of section 60102 of
                                               of title 23, United States Code, as added by            under a payment made under this section                the Infrastructure Investment and Jobs Act
                                               the Infrastructure Investment and Jobs Act.             that are used for projects described in sub-           shall apply to funds provided under a pay-
                                                 ‘‘(xiv) A project eligible under section 202          paragraph (B); and                                     ment made under this section that are used
                                               of title 23, United States Code.                          ‘‘(III) a State government receiving a pay-          pursuant to subparagraph (A) for a project
                                                 ‘‘(xv) A project eligible under section 203 of        ment under this section may use funds pro-             described in clause (xxvi) of section
                                               title 23, United States Code.                           vided under such payment for projects de-              602(c)(4)(B) that relates to broadband infra-




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(xvi) A project eligible under section 204          scribed in clause (i) of subparagraph (B)              structure; and
                                               of title 23, United States Code.                        that—                                                    ‘‘(II) the requirements of titles 23, 40, and
                                                 ‘‘(xvii) A project that receives a grant                ‘‘(aa) demonstrate progress in achieving a           49 of the United States Code, title I of the
                                               under the program for national infrastruc-              state of good repair as required by the                Housing and Community Development Act of
                                               ture investments (commonly known as the                 State’s asset management plan under section            1974 (42 U.S.C. 5301 et seq.), and the National
                                               ‘Rebuilding American Infrastructure with                119(e) of title 23, United States Code; and            Environmental Policy Act of 1969 (42 U.S.C.
                                               Sustainability and Equity (RAISE) grant                   ‘‘(bb) support the achievement of 1 or more          4321 et. seq) shall apply to funds provided
                                               program’).                                              performance targets of the State established           under a payment made under this section




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                                               S5972                                             CONGRESSIONAL RECORD — SENATE                                                           August 5, 2021
                                               that are used for projects described in sec-            analysis of the economic effects of this Act           years 2022 through 2026, to remain available
                                               tion 602(c)(4)(B).                                      and the amendments made by this Act with               until expended.
                                                 ‘‘(iv) OVERSIGHT.—The Secretary may dele-             respect to each of fiscal years 2021 through
                                               gate oversight and administration of the re-            2031, which shall include an analysis of the             SA 2588. Ms. CANTWELL submitted
                                               quirements described in clause (iii) to the             effects on the gross domestic product of, em-          an amendment intended to be proposed
                                               appropriate Federal agency.                             ployment in, wages in, and inflation in the            to amendment SA 2137 proposed by Mr.
                                                 ‘‘(C) AVAILABILITY.—Funds provided under              United States.                                         SCHUMER (for Ms. SINEMA (for herself,
                                               a payment made under this section to a met-
                                               ropolitan city, nonentitlement unit of local              SA 2586. Mr. SULLIVAN (for himself,                  Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               government, or county shall remain avail-                                                                      SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                                                                       Ms. MURKOWSKI, Ms. HIRONO, and Mr.
                                               able for obligation for a use described in sub-         SCHATZ) submitted an amendment in-                     TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               paragraph (A) through December 31, 2024, ex-            tended to be proposed to amendment                     and Mr. ROMNEY)) to the bill H.R. 3684,
                                               cept that no amount of such funds may be                                                                       to authorize funds for Federal-aid high-
                                               expended after September 30, 2026.’’.
                                                                                                       SA 2137 proposed by Mr. SCHUMER (for
                                                                                                       Ms. SINEMA (for herself, Mr. PORTMAN,                  ways, highway safety programs, and
                                                 (b)    TECHNICAL      AMENDMENTS.—Sections
                                                                                                       Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-                    transit programs, and for other pur-
                                               602(c)(3) and 603(c)(3) of title VI of the Social
                                               Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are       HEEN, Ms. COLLINS, Mr. TESTER, Ms.
                                                                                                                                                              poses; which was ordered to lie on the
                                               each amended by striking ‘‘paragraph (17)               MURKOWSKI, Mr. WARNER, and Mr. ROM-                    table; as follows:
                                               of’’.                                                   NEY)) to the bill H.R. 3684, to authorize                 On page 1379, line 6, strike ‘‘and’’.
                                                 (c) GUIDANCE AND EFFECTIVE DATE.—                                                                               Beginning on page 1379, strike line 7 and
                                                 (1) GUIDANCE OR RULE.—Within 60 days of               funds for Federal-aid highways, high-                  all that follows through page 1380, line 2, and
                                               the date of enactment of this Act, the Sec-             way safety programs, and transit pro-                  insert the following:
                                               retary of the Treasury, in consultation with            grams, and for other purposes; which                      (B)     establish   financial     performance
                                               the Secretary of Transportation, shall issue            was ordered to lie on the table; as fol-               metrics; and
                                               guidance or promulgate a rule to carry out              lows:                                                     (C) comply with all applicable Federal laws
                                               this section.                                             At the appropriate place in division I, in-          and applicable Federal Tribal trust and trea-
                                                 (2) EFFECTIVE DATE.—The amendments                    sert the following:                                    ty responsibilities.
                                               made by this section shall take effect upon                                                                       (3) ENGAGEMENT.—Prior to issuing the up-
                                                                                                       SEC.    ll.    EXTENSION OF COVERAGE OF
                                               the issuance of guidance or the promulgation                          CORONAVIRUS RELIEF FUND PAY-             dated financial plan required under para-
                                               of a rule described in paragraph (1).                                 MENTS TO TRIBAL GOVERNMENTS.             graph (1), the Administrator shall, in a man-
                                                 (d) DEPARTMENT OF THE TREASURY ADMINIS-                  Section 601(d)(3) of the Social Security Act        ner determined by the Administrator—
                                               TRATIVE EXPENSES.—                                                                                                (A) engage with Indian Tribes, power and
                                                                                                       (42 U.S.C. 801(d)(3)) is amended by inserting
                                                 (1) IN GENERAL.—Notwithstanding any                   ‘‘(or, in the case of a Tribal government, De-         transmission customers, and other stake-
                                               other provision of law, the unobligated bal-                                                                   holders with respect to a draft of the updated
                                                                                                       cember 31, 2022)’’ after ‘‘December 31, 2021’’.
                                               ances from amounts made available to the                                                                       plan; and
                                               Secretary of the Treasury (referred to in this            SA 2587. Ms. CANTWELL submitted                         (B) consider as a relevant factor any rec-
                                               subsection as the ‘‘Secretary’’) for adminis-                                                                  ommendations from Indian Tribes, power
                                               trative expenses pursuant to the provisions
                                                                                                       an amendment intended to be proposed
                                                                                                       to amendment SA 2137 proposed by Mr.                   and transmission customers, and other
                                               specified in paragraph (2) shall be available                                                                  stakeholders regarding prioritization of
                                               to the Secretary (in addition to any other              SCHUMER (for Ms. SINEMA (for herself,
                                                                                                                                                              asset investments.
                                               appropriations provided for such purpose) for           Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                        (c)    CONSULTATION.—The        Administrator
                                               any administrative expenses of the Depart-              SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                   shall, in a manner determined by the Admin-
                                               ment of the Treasury determined by the Sec-             TESTER, Ms. MURKOWSKI, Mr. WARNER,                     istrator, use periodic program reviews to en-
                                               retary to be necessary to respond to the                and Mr. ROMNEY)) to the bill H.R. 3684,                gage with Indian Tribes, power and trans-
                                               coronavirus emergency, including any ex-
                                                                                                       to authorize funds for Federal-aid high-               mission customers, and other stakeholders
                                               penses necessary to implement any provision                                                                    with respect to the financial and cost man-
                                               of—                                                     ways, highway safety programs, and
                                                                                                       transit programs, and for other pur-                   agement efforts of the Administrator.
                                                 (A) the Coronavirus Aid, Relief, and Eco-                                                                       (d) USE OF FUNDS.—In using funds derived
                                               nomic Security Act (Public Law 116–136);                poses; which was ordered to lie on the
                                                                                                                                                              from the borrowing authority made available
                                                 (B) division N of the Consolidated Appro-             table; as follows:                                     by subsection (a), the Administrator shall, in
                                               priations Act, 2021 (Public Law 116–260);                 At the end of section 40113 of division D,           a manner determined by the Administrator
                                                 (C) the American Rescue Plan Act (Public              add the following:                                     and consistent with all applicable laws, im-
                                               Law 117–2); or                                            (e) CROSS BORDER FLOOD PROTECTION.—                  plement policies that are consistent with—
                                                 (D) title VI of the Social Security Act (42             (1) DEFINITIONS.—In this subsection:                    (1) applicable Tribal trust and treaty re-
                                               U.S.C. 801 et seq.).                                      (A) ASSISTANT SECRETARY.—The term ‘‘As-              sponsibilities;
                                                 (2) PROVISIONS SPECIFIED.—The provisions              sistant Secretary’’ means the Assistant Sec-              (2) obtaining the widest possible diversified
                                               specified in this paragraph are the following:          retary of the Army for Civil Works.                    use of electric energy at the lowest possible
                                                 (A) Sections 4003(f) and 4112(b) of the                 (B) COLUMBIA RIVER TREATY.—The term                  power and transmission rates consistent
                                               Coronavirus Aid, Relief, and Economic Secu-             ‘‘Columbia River Treaty’’ means the Treaty             with sound business principles; and
                                               rity Act (Public Law 116–136).                          Relating to Cooperative Development of the                (3) protecting, mitigating, and enhancing
                                                 (B) Section 421(f)(2) of division N of the            Water Resources of the Columbia River                  the fish and wildlife, including related
                                               Consolidated Appropriations Act, 2021 (Pub-             Basin, signed at Washington January 17, 1961           spawning grounds and habitat, of the Colum-
                                               lic Law 116–260).                                       (15 UST 1555; TIAS 5638).                              bia River and its tributaries, particularly
                                                 (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and          (2) AUTHORIZATION.—To maintain and en-               anadromous fish.
                                               7301(b)(5) of the American Rescue Plan Act of           sure the current level of domestic flood pro-             On page 1380, line 3, strike ‘‘(d)’’ and insert
                                               2021 (Public Law 117–2).                                tection provided under the Columbia River              ‘‘(e)’’.
                                                 (D) Section 602(a)(2) of the Social Security          Treaty, the Assistant Secretary may make                  On page 1385, line 21, insert ‘‘, affected In-
                                               Act (42 U.S.C. 802(a)(2)).                              expenditures for the purpose of—                       dian Tribes,’’ after ‘‘Canada’’.
                                                                                                         (A) constructing, enhancing, or maintain-               On page 1386, line 14, strike ‘‘and’’.
                                                 SA 2585. Mr. DAINES submitted an                      ing Columbia River Basin flood risk manage-               On page 1386, line 19, strike the period and
                                               amendment intended to be proposed to                    ment projects in the United States; and                insert a semicolon.
                                               amendment SA 2137 proposed by Mr.                         (B) acquiring flood risk management serv-               On page 1386, between lines 19 and 20, insert
                                               SCHUMER (for Ms. SINEMA (for herself,                   ices from the Province of British Columbia,            the following:
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      or a crown corporation owned by the Prov-                 (E) to mitigate impacts to fish resources
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    ince of British Columbia.                              and water quality resulting from the reha-
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                        (3)   CRITERIA.—Expenditures     authorized          bilitation and enhancement under this sub-
                                                                                                       under paragraph (2) shall—                             section; and
                                               and Mr. ROMNEY)) to the bill H.R. 3684,
                                                                                                         (A) take into account changing water cy-                (F) to avoid or alternatively minimize any
                                               to authorize funds for Federal-aid high-                cles and the likelihood of more frequent and           reduction in the payments required by—
                                               ways, highway safety programs, and                      intense severe weather events;                            (i) section 4(b) of the Confederated Tribes




SSpencer on DSK126QN23PROD with SENATE
                                               transit programs, and for other pur-                      (B) be included in the annual budget for             of the Colville Reservation Grand Coulee
                                               poses; which was ordered to lie on the                  civil works submitted by the Assistant Sec-            Dam Settlement Act (Public Law 103–436; 108
                                               table; as follows:                                      retary to Congress; and                                Stat. 4578); and
                                                 At the end of division I, add the following:            (C) occur after September 16, 2024.                     (ii) section 5 of the Spokane Tribe of Indi-
                                               SEC. 90009. CBO ANALYSIS OF ECONOMIC EF-                  (4) AUTHORIZATION OF APPROPRIATIONS.—                ans of the Spokane Reservation Equitable
                                                           FECTS.                                      There is authorized to be appropriated to the          Compensation Act (Public Law 116–100; 133
                                                The Congressional Budget Office shall sub-             Assistant Secretary to carry out this sub-             Stat. 3258).
                                               mit to Congress a report that provides an               section $800,000,000 for the period of fiscal             On page 1387, line 24, strike ‘‘and’’.




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5973
                                                 On page 1388, line 3, strike the period and           for establishing ports of entry and stations),         2869; 16 U.S.C. 825s–7) (as in effect on the day
                                               insert the following: ‘‘; and’’.                        as revised by Treasury Decisions 86–14 (51             before the date of enactment of this Act).
                                                 On page 1388, between lines 3 and 4, insert           Fed. Reg. 4559) and 87–65 (52 Fed. Reg. 16328);          (d) AVAILABILITY.—Amounts in the Fund
                                               the following:                                          or                                                     shall remain available until expended.
                                                 (E) affected Indian Tribes.                             (B) any successor guidance or regulation.              (e) USE.—Amounts in the Fund shall be
                                                                                                         On page 443, lines 4 and 5, strike ‘‘in the          used by the Secretary, acting through the
                                                 SA 2589. Ms. CANTWELL submitted                       first sentence by striking’’ and insert the fol-       Administrator, for expenses necessary for—
                                               an amendment intended to be proposed                    lowing: ‘‘in the first sentence—                         (1) operation and maintenance of power
                                               to amendment SA 2137 proposed by Mr.                      (1)by inserting ‘‘clauses (i) and (iv) of sub-       transmission facilities;
                                               SCHUMER (for Ms. SINEMA (for herself,                   section      (c)(38)(A),’’ after   ‘‘subsection          (2) marketing electric power and energy;
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      (c)(37),’’; and                                          (3) construction and acquisition of trans-
                                                                                                         (2) by striking                                      mission lines, substations, and appurtenant
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                                                                                                                              facilities; and
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                        SA 2591. Mr. MORAN submitted an                        (4) administrative expenses in carrying out
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 amendment intended to be proposed to                   the duties of the Secretary under—
                                               to authorize funds for Federal-aid high-                amendment SA 2137 proposed by Mr.                        (A) section 5 of the Act of December 22,
                                               ways, highway safety programs, and                      SCHUMER (for Ms. SINEMA (for herself,                  1944 (commonly known as the ‘‘Flood Control
                                               transit programs, and for other pur-                    Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     Act of 1944’’) (58 Stat. 890, chapter 665; 16
                                               poses; which was ordered to lie on the                                                                         U.S.C. 825s); and
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               table; as follows:                                                                                               (B) section 1232 of the Energy Policy Act of
                                                                                                       TESTER, Ms. MURKOWSKI, Mr. WARNER,                     2005 (42 U.S.C.16431).
                                                 On page 1463, line 3, strike ‘‘maritime’’ and         and Mr. ROMNEY)) to the bill H.R. 3684,                  (f) OBLIGATIONS.—The Secretary, acting
                                               insert ‘‘recreational or commercial marine’’.           to authorize funds for Federal-aid high-               through the Administrator, may incur obli-
                                                 On page 1463, line 6, strike ‘‘maritime’’ and
                                               insert ‘‘recreational or commercial marine’’.
                                                                                                       ways, highway safety programs, and                     gations for authorized purposes in advance of
                                                 On page 1463, lines 9 and 10, strike ‘‘mari-          transit programs, and for other pur-                   appropriations to be liquidated by the Fund.
                                                                                                       poses; which was ordered to lie on the                   (g) EXCESS FUNDS.—Annually, the Sec-
                                               time’’ and insert ‘‘recreational or commer-
                                                                                                                                                              retary, acting through the Administrator,
                                               cial marine’’.                                          table; as follows:
                                                 On page 1548, line 18, strike ‘‘maritime’’                                                                   shall transfer excess amounts in the Fund to
                                                                                                         At the end of subtitle A of title I of divi-         the Treasury of the United States as mis-
                                               and insert ‘‘recreational or commercial ma-             sion D, add the following:
                                               rine’’.                                                                                                        cellaneous receipts.
                                                                                                       SEC. 40114. SOUTHWESTERN POWER ADMINIS-                  (h) APPLICABLE LAW.—The provisions of
                                                 On page 1548, line 23, strike ‘‘maritime’’                        TRATION FUND.
                                               and insert ‘‘recreational or commercial ma-                                                                    chapter 91 of title 31, United States Code,
                                                                                                         (a) DEFINITIONS.—In this section:                    shall apply to the Administrator in carrying
                                               rine’’.                                                   (1) ADMINISTRATOR.—The term ‘‘Adminis-
                                                 On page 1549, line 3, strike ‘‘maritime’’ and                                                                out this section in the same manner as the
                                                                                                       trator’’ means the Administrator of the                provisions apply to a wholly owned Govern-
                                               insert ‘‘recreational or commercial marine’’.           Southwestern Power Administration.
                                                 On page 1549, line 6, strike ‘‘maritime’’ and                                                                ment corporation (as defined in section 9101
                                                                                                          (2) FUND.—The term ‘‘Fund’’ means the               of that title).
                                               insert ‘‘recreational or commercial marine’’.
                                                                                                       Southwestern Power Administration Fund                   (i) CONFORMING AMENDMENTS.—
                                                 On page 1549, line 25, strike ‘‘maritime’’
                                                                                                       established by subsection (b).                           (1) The first proviso in the matter under
                                               and insert ‘‘recreational or commercial ma-
                                                                                                          (b) ESTABLISHMENT OF FUND.—There is es-             the heading ‘‘OPERATION AND MAINTENANCE,
                                               rine’’.
                                                                                                       tablished in the Treasury of the United                SOUTHWESTERN        POWER      ADMINISTRATION’’
                                                 On page1621, line 19, strike ‘‘maritime’’ and
                                                                                                       States a fund, to be known as the ‘‘South-             under the heading ‘‘POWER MARKETING
                                               insert ‘‘recreational or commercial marine’’.
                                                                                                       western Power Administration Fund’’, con-              ADMINISTRATIONS’’ under the heading
                                                 SA 2590. Mr. CRUZ submitted an                        sisting of—                                            ‘‘Department of Energy’’ in title III of the
                                                                                                          (1) all receipts, collections, and recoveries       Energy and Water Development Appropria-
                                               amendment intended to be proposed to
                                                                                                       of the Southwestern Power Administration,              tions Act, 2005 (118 Stat. 2956; 16 U.S.C. 825s–
                                               amendment SA 2137 proposed by Mr.                       including trust funds;
                                               SCHUMER (for Ms. SINEMA (for herself,                                                                          4) is amended—
                                                                                                          (2) appropriations to the Fund; and                   (A) by striking ‘‘in fiscal year 2005’’ and in-
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                         (3) amounts transferred to the Fund under           serting ‘‘on the date of enactment of the In-
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    subsection (c); and                                    frastructure Investment and Jobs Act’’; and
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                         (4) amounts deposited in the Fund under               (B) by striking ‘‘credited to this account’’
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 the first proviso in the matter under the              and inserting ‘‘deposited in the South-
                                               to authorize funds for Federal-aid high-                heading ‘‘OPERATION AND MAINTENANCE,                   western Power Administration Fund estab-
                                                                                                       SOUTHWESTERN         POWER     ADMINISTRATION’’        lished by section 40114(b) of the Infrastruc-
                                               ways, highway safety programs, and
                                                                                                       under the heading ‘‘POWER MARKETING                    ture Investment and Jobs Act’’.
                                               transit programs, and for other pur-                    ADMINISTRATIONS’’ under the heading
                                               poses; which was ordered to lie on the                                                                           (2) The fourth and fifth provisos in the
                                                                                                       ‘‘DEPARTMENT OF ENERGY’’ in title III of               matter under the heading ‘‘OPERATION AND
                                               table; as follows:                                      the Energy and Water Development Appro-                MAINTENANCE, SOUTHWESTERN POWER ADMIN-
                                                 At the end of division I, add the following:          priations Act, 2005 (118 Stat. 2956; 16 U.S.C.         ISTRATION’’ under the heading ‘‘POWER
                                               SEC. 90009. DESIGNATION OF CERTAIN AIRPORTS             825s–4).                                               MARKETING ADMINISTRATIONS’’ under
                                                            AS PORTS OF ENTRY.                            (c) TRANSFERS TO FUND.—There are trans-
                                                                                                                                                              the heading ‘‘Department of Energy’’ in title
                                                 (a) IN GENERAL.—The President shall—                  ferred to the Fund—
                                                                                                                                                              III of the Energy and Water Development
                                                 (1) pursuant to the Act of August 1, 1914 (38            (1) unexpended balances in the continuing
                                                                                                                                                              and Related Agencies Appropriations Act,
                                               Stat. 623, chapter 223; 19 U.S.C. 2), designate         fund pursuant to the 11th paragraph under
                                                                                                                                                              2010 (123 Stat. 2869; 16 U.S.C. 825s–7) are re-
                                               each airport described in subsection (b) as a           the heading ‘‘OFFICE OF THE SEC-
                                                                                                                                                              pealed.
                                               port of entry; and                                      RETARY’’ in title I of the Act of October 12,
                                                 (2) terminate the application of the user             1949 (63 Stat. 767, chapter 680; 16 U.S.C. 825s–         SA 2592. Mr. HEINRICH (for himself
                                               fee requirement under section 236 of the                1);
                                                                                                          (2) unexpended balances in the advanced
                                                                                                                                                              and Mr. CORNYN) submitted an amend-
                                               Trade and Tariff Act of 1984 (19 U.S.C. 58b)
                                               with respect to the airport.                            payment fund pursuant to the first proviso             ment intended to be proposed to
                                                 (b) AIRPORTS DESCRIBED.—An airport de-                in the matter under the heading ‘‘OPERATION            amendment SA 2137 proposed by Mr.
                                               scribed in this subsection is an airport that—          AND MAINTENANCE, SOUTHWESTERN POWER                    SCHUMER (for Ms. SINEMA (for herself,
                                                 (1) is a primary airport (as defined in sec-          ADMINISTRATION’’        under     the   heading        Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               tion 47102 of title 49, United States Code);            ‘‘POWER        MARKETING          ADMINISTRA-          SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                 (2) is located not more than 30 miles from            TIONS’’ under the heading ‘‘Department of              TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               the northern or southern international land             Energy’’ in title III of the Energy and Water          and Mr. ROMNEY)) to the bill H.R. 3684,
                                               border of the United States;                            Development Appropriations Act, 2005 (118
                                                 (3) is associated, through a formal, legal            Stat. 2956; 16 U.S.C. 825s–4); and
                                                                                                                                                              to authorize funds for Federal-aid high-
                                               instrument, including a valid contract or                  (3) unexpended balances in the offsetting           ways, highway safety programs, and
                                               governmental ordinance, with a land border              collections fund pursuant to the fourth and            transit programs, and for other pur-




SSpencer on DSK126QN23PROD with SENATE
                                               crossing or a seaport not more than 30 miles            fifth provisos in the matter under the head-           poses; which was ordered to lie on the
                                               from the airport; and                                   ing ‘‘OPERATION AND MAINTENANCE, SOUTH-                table; as follows:
                                                 (4) through such association, meets the nu-           WESTERN POWER ADMINISTRATION’’ under the                 On page 2585, line 5, insert ‘‘Provided fur-
                                               merical criteria considered by U.S. Customs             heading ‘‘POWER MARKETING ADMINIS-                     ther, That the Administrator shall use not
                                               and Border Protection for establishing a port           TRATIONS’’ under the heading ‘‘DEPART-                 less than $25,000,000 of the amounts made
                                               of entry, as set forth in—                              MENT OF ENERGY’’ in title III of the En-               available under this paragraph in this Act in
                                                 (A) Treasury Decision 82–37 (47 Fed. Reg.             ergy and Water Development and Related                 each of fiscal years 2022 through 2026 to pro-
                                               10137; relating to revision of customs criteria         Agencies Appropriations Act, 2010 (123 Stat.           vide wastewater assistance under section 307




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                                               S5974                                             CONGRESSIONAL RECORD — SENATE                                                         August 5, 2021
                                               of the Safe Drinking Water Act Amendments               of the facility, to include the safety, geo-             (II) an Urban Waters partnership location
                                               of 1996 (33 U.S.C. 1281 note; Public Law 104–           metric, capacity, or operational needs of the          workplan.
                                               182) to eligible communities (as defined in             facility, as determined by the State depart-             (6) URBAN WATERS PARTNERSHIP LOCATION.—
                                               subsection (a) of that section):’’ after                ment of transportation, in consultation with           The term ‘‘Urban Waters partnership loca-
                                               ‘‘1383):’’.                                             the Federal Highway Administration’’;                  tion’’ means an urban or municipal site and
                                                  On page 2587, line 3, insert ‘‘Provided fur-            (2) in subsection (d)—                              the associated watershed or waterbody of the
                                               ther, That the Administrator shall use not                 On page 202, line 5, strike ‘‘(2)’’ and insert      site for which—
                                               less than $25,000,000 of the amounts made               ‘‘(3)’’.                                                 (A) the Administrator, in collaboration
                                               available under this paragraph in this Act in              On page 202, line 23, strike ‘‘(3)’’ and insert     with the heads of the other member agen-
                                               each of fiscal years 2022 through 2026 to pro-          ‘‘(4)’’.                                               cies, has formally designated as a partner-
                                               vide drinking water assistance under section                                                                   ship location under the Urban Waters pro-
                                               1456 of the Safe Drinking Water Act (42                   SA 2595. Mr. KELLY (for himself and                  gram; and
                                               U.S.C. 300j–16) to eligible communities (as             Mr. CORNYN) submitted an amendment                       (B) an active partnership with an Urban
                                               defined in subsection (a) of that section):’’           intended to be proposed to amendment                   Waters ambassador is maintained.
                                               after ‘‘300j–12):’’.                                    SA 2137 proposed by Mr. SCHUMER (for                     (7) URBAN WATERS PARTNERSHIP LOCATION
                                                                                                                                                              WORKPLAN.—The term ‘‘Urban Waters part-
                                                                                                       Ms. SINEMA (for herself, Mr. PORTMAN,
                                                 SA 2593. Mr. MARKEY submitted an                                                                             nership location workplan’’ means the plan
                                                                                                       Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-                    for projects and actions that is coordinated
                                               amendment intended to be proposed to                    HEEN, Ms. COLLINS, Mr. TESTER, Ms.                     across an Urban Waters partnership location.
                                               amendment SA 2137 proposed by Mr.                       MURKOWSKI, Mr. WARNER, and Mr. ROM-                      (8) URBAN WATERS PROGRAM.—The term
                                               SCHUMER (for Ms. SINEMA (for herself,                   NEY)) to the bill H.R. 3684, to authorize              ‘‘Urban Waters program’’ means the program
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      funds for Federal-aid highways, high-                  established under subsection (b)(1).
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    way safety programs, and transit pro-                    (b) URBAN WATERS FEDERAL PARTNERSHIP
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                                                                             PROGRAM.—
                                                                                                       grams, and for other purposes; which
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                                                                          (1) AUTHORIZATION.—There is authorized a
                                                                                                       was ordered to lie on the table; as fol-               program, to be known as the ‘‘Urban Waters
                                               to authorize funds for Federal-aid high-                lows:                                                  Federal Partnership Program’’, administered
                                               ways, highway safety programs, and                        At the appropriate place in title II of divi-        by the partnership of the member agencies—
                                               transit programs, and for other pur-                    sion E, insert the following:                            (A) to jointly support and execute the
                                               poses; which was ordered to lie on the                  SEC. 502ll. URBAN WATERS FEDERAL PART-                 goals of the Urban Waters program through
                                               table; as follows:                                                 NERSHIP PROGRAM.                            the independent authorities and appro-
                                                  On page 1956, strike lines 14 through 23 and           (a) DEFINITIONS.—In this section:                    priated funding of the member agencies; and
                                               insert the following:                                     (1) ADMINISTRATOR.—The term ‘‘Adminis-                 (B) to advance the purpose described in
                                                  ‘‘(1) IN GENERAL.—Subject to paragraph               trator’’ means the Administrator of the En-            paragraph (2) within designated Urban
                                               (2)(A), the Federal’’; and                              vironmental Protection Agency.                         Waters partnership locations and other
                                                  (C) by inserting after paragraph (1) (as so            (2) MEMBER AGENCIES.—The term ‘‘member               urban and suburban communities in the
                                               designated) the following:                              agencies’’ means each of—                              United States.
                                                  ‘‘(2) RURAL AND FINANCIALLY DISTRESSED                 (A) the Environmental Protection Agency;               (2) PROGRAM PURPOSE.—The purpose of the
                                               COMMUNITIES.—                                             (B) the Department of the Interior;                  Urban Waters program is to reconnect urban
                                                  ‘‘(A) FEDERAL SHARE FOR FINANCIALLY DIS-               (C) the Department of Agriculture;                   communities, particularly urban commu-
                                               TRESSED COMMUNITIES.—The Federal share of                 (D) the Corps of Engineers;                          nities that are overburdened or economically
                                               the cost of activities using amounts from a               (E) the National Oceanic and Atmospheric             distressed, with associated waterways by im-
                                               grant made to a financially distressed com-             Administration;                                        proving coordination among Federal agen-
                                               munity (as defined in subsection (c)(1)) under            (F) the Economic Development Adminis-                cies.
                                               subsection (a) shall be not less than 75 per-           tration;                                                 (3) PROGRAM REQUIREMENTS.—
                                               cent of the cost.                                         (G) the Department of Housing and Urban                (A) IN GENERAL.—Subject to the avail-
                                                  ‘‘(B) REQUIREMENT.—To the maximum ex-                Development;                                           ability of appropriations, the Administrator,
                                               tent practicable, the Administrator shall                 (H) the Department of Transportation;                in coordination with the Secretaries and, as
                                               work with States to prevent the non-Federal               (I) the Department of Energy;                        appropriate, the heads of the other member
                                               share requirements under this subsection                  (J) the Department of Education;                     agencies, shall maintain the Urban Waters
                                               from being passed on to rural communities                 (K) the National Institute for Environ-              program in accordance with this paragraph.
                                               and financially distressed communities (as              mental Health Sciences;                                  (B) URBAN WATERS FEDERAL PARTNERSHIP
                                               those terms are defined in subsection                     (L) the Community Development Financial              STEERING COMMITTEE.—
                                               (f)(2)(B)(i).’’;                                        Institutions Fund;                                       (i) ESTABLISHMENT.—
                                                  On page 1957, line 4, strike ‘‘$280,000,000’’          (M) the Federal Emergency Management                   (I) IN GENERAL.—The Administrator shall
                                               and insert ‘‘$400,000,000’’.                            Agency;                                                establish a steering committee for the Urban
                                                                                                         (N) the Corporation for National and Com-            Waters program (referred to in this subpara-
                                                 SA 2594. Mr. REED (for himself and                    munity Service; and                                    graph as the ‘‘steering committee’’).
                                               Mr. SULLIVAN) submitted an amend-                         (O) such other agencies, departments, and              (II) CHAIR.—The Administrator shall serve
                                               ment intended to be proposed to                         bureaus that elect to participate in the               as chairperson of the steering committee.
                                                                                                       Urban Waters program as the missions, au-                (III) VICE-CHAIRS.—The Secretaries shall
                                               amendment SA 2137 proposed by Mr.                       thorities, and appropriated funding of those           serve as vice-chairpersons of the steering
                                               SCHUMER (for Ms. SINEMA (for herself,                   agencies, departments, and bureaus allow.              committee.
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                        (3) SECRETARIES.—The term ‘‘Secretaries’’              (IV) MEMBERSHIP.—In addition to the Ad-
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    means the Secretary of the Interior and the            ministrator and the Secretaries, the mem-
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                      Secretary of Agriculture.                              bers of the steering committee shall be the
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                   (4) URBAN WATERS AMBASSADOR.—The term                senior officials (or their designees) from such
                                               to authorize funds for Federal-aid high-                ‘‘Urban Waters ambassador’’ means a person             member agencies as the Administrator shall
                                               ways, highway safety programs, and                      who—                                                   designate.
                                                                                                         (A) is locally based near the applicable               (ii) DUTIES.—The steering committee shall
                                               transit programs, and for other pur-                    Urban Waters partnership location; and                 provide general guidance to the member
                                               poses; which was ordered to lie on the                    (B) serves in a central coordinating role for        agencies with respect to the Urban Waters
                                               table; as follows:                                      the work carried out in the applicable Urban           program, including guidance with respect
                                                  On page 201, strike line 13 and insert the           Waters partnership location with respect to            to—
                                               following:                                              the Urban Waters program.                                (I) the identification of annual priority
                                                  (1) in subsection (b)—                                 (5) URBAN WATERS NONPARTNERSHIP LOCA-                issues for special emphasis within Urban
                                                  (A) by striking ‘‘(b) The geometric’’ and in-        TION.—The term ‘‘Urban Waters nonpartner-              Waters partnership locations; and
                                               serting the following:                                  ship location’’ means an urban or municipal              (II) the identification of funding opportuni-
                                                  ‘‘(b) DESIGN CRITERIA FOR THE INTERSTATE             site and the associated watershed or                   ties, which shall be communicated to all
                                               SYSTEM.—The geometric’’; and                            waterbody of the site—                                 Urban Waters partnership locations.




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                                                  (B) in the second sentence, by striking                (A) that receives Federal support for ac-              (iii) INTERAGENCY FINANCING.—Notwith-
                                               ‘‘the types and volumes of traffic anticipated          tivities that advance the purpose of the               standing section 1346 of title 31, United
                                               for such project for the twenty-year period             Urban Waters program; but                              States Code, section 708 of division E of the
                                               commencing on the date of approval by the                 (B)(i) that is not formally designated as an         Consolidated Appropriations Act, 2021 (Pub-
                                               Secretary, under section 106 of this title, of          Urban Waters partnership location; and                 lic Law 116–260), or any other similar provi-
                                               the plans, specifications, and estimates for              (ii) for which is not maintained—                    sion of law, member agencies may—
                                               actual construction of such project’’ and in-             (I) an active partnership with an Urban                (I) provide interagency financing to the
                                               serting ‘‘the existing and future performance           Waters ambassador; or                                  steering committee; and




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5975
                                                 (II) directly transfer such amounts as are            pose described in paragraph (2) within Urban           poses; which was ordered to lie on the
                                               necessary to support the activities of the              Waters partnership locations and in Urban              table; as follows:
                                               steering committee.                                     Waters nonpartnership locations.
                                                                                                                                                                At the appropriate place, insert the fol-
                                                 (C) AUTHORITY.—                                         (III) TRANSFER OF FUNDS.—In carrying out
                                                                                                                                                              lowing:
                                                 (i) PARTNERSHIP LOCATIONS.—                           the Urban Waters program, a member agency
                                                                                                                                                              SEC. lllll. PROHIBITION ON USE OF CER-
                                                 (I) PARTNERSHIP LOCATIONS.—The Adminis-               may transfer funds to or enter into inter-                      TAIN TYPES OF CENSUS DATA.
                                               trator and the Secretaries shall maintain an            agency agreements with other member agen-
                                               active partnership program under the Urban                                                                       Notwithstanding any other provision of
                                                                                                       cies as necessary to carry out the Urban
                                               Waters program at each Urban Waters part-                                                                      this Act or an amendment made by this Act,
                                                                                                       Waters program.
                                               nership location, including each Urban                                                                         the most recent standard 1-year estimate of
                                                                                                         (iii) URBAN WATERS LEARNING NETWORK.—
                                               Waters partnership location in existence on                                                                    the American Community Survey of the Bu-
                                                                                                       The Administrator and the Secretaries shall
                                               the date of enactment of this Act, by pro-                                                                     reau of the Census may not be used to allo-
                                                                                                       maintain an Urban Waters Learning Net-
                                               viding—                                                                                                        cate funds under this Act or an amendment
                                                                                                       work—
                                                 (aa) technical assistance for projects to be                                                                 made by this Act.
                                                                                                         (I) to share information, resources, and
                                               carried out within the Urban Waters partner-            tools between Urban Waters partnership lo-
                                               ship location;                                          cations and with other interested commu-
                                                                                                                                                                SA 2598. Mr. LANKFORD submitted
                                                 (bb) funding for projects to be carried out           nities; and                                            an amendment intended to be proposed
                                               within the Urban Waters partnership loca-                 (II) to carry out community-based capacity           to amendment SA 2137 proposed by Mr.
                                               tion;                                                   building that advances the goals of the                SCHUMER (for Ms. SINEMA (for herself,
                                                 (cc) funding for an Urban Waters ambas-               Urban Waters program.                                  Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               sador for the Urban Waters partnership loca-              (iv) WORKPLAN PROGRESS.—Progress in ad-              SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               tion; and                                               dressing the goals of the Urban Waters part-
                                                 (dd) coordination support with other mem-
                                                                                                                                                              TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                                                                       nership location workplan of an Urban                  and Mr. ROMNEY)) to the bill H.R. 3684,
                                               ber agencies with respect to activities car-            Waters partnership location shall be shared
                                               ried out at the Urban Waters partnership lo-            with the Urban Waters program at regular
                                                                                                                                                              to authorize funds for Federal-aid high-
                                               cation.                                                 intervals, as determined by the Adminis-               ways, highway safety programs, and
                                                 (II) NEW PARTNERSHIP LOCATIONS.—                      trator and the Secretaries.                            transit programs, and for other pur-
                                                 (aa) IN GENERAL.—The Administrator and                  (4) REPORTS TO CONGRESS.—The Adminis-                poses; which was ordered to lie on the
                                               the Secretaries may, in consultation with               trator and the Secretaries shall annually              table; as follows:
                                               the heads of other member agencies, estab-              submit to the appropriate committees of
                                               lish new Urban Waters partnership locations.                                                                      On page 98, line 8, strike ‘‘2010’’ and insert
                                                                                                       Congress a report describing the progress in           ‘‘2020’’.
                                                 (bb) NONPARTNERSHIP LOCATIONS.—A com-                 carrying out the Urban Waters program,
                                               munity with an Urban Waters nonpartner-                                                                           On page 123, line 13, strike ‘‘2010’’ and in-
                                                                                                       which shall include—                                   sert ‘‘2020’’.
                                               ship location may, at the discretion of the               (A) a description of the use of funds under
                                               community, seek to have the Urban Waters                the Urban Waters program;
                                               nonpartnership location designated as an                                                                         SA 2599. Mr. DAINES (for himself
                                                                                                         (B) a description of the progress made in            and Ms. LUMMIS) submitted an amend-
                                               Urban Waters partnership location.
                                                                                                       carrying out Urban Waters partnership loca-
                                                 (ii) AUTHORIZED ACTIVITIES.—                                                                                 ment intended to be proposed to
                                                                                                       tion workplans; and
                                                 (I) DEFINITION OF ELIGIBLE ENTITY.—In this
                                                                                                         (C) any additional information that the              amendment SA 2137 proposed by Mr.
                                               clause, the term ‘‘eligible entity’’ means—                                                                    SCHUMER (for Ms. SINEMA (for herself,
                                                                                                       Administrator and the Secretaries determine
                                                 (aa) a State;                                                                                                Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                                                                       to be appropriate.
                                                 (bb) a territory or possession of the United
                                                                                                         (5) AUTHORIZATION OF APPROPRIATIONS.—                SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               States;
                                                                                                         (A) IN GENERAL.—There is authorized to be            TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                 (cc) the District of Columbia;
                                                                                                       appropriated to the Administrator to carry             and Mr. ROMNEY)) to the bill H.R. 3684,
                                                 (dd) an Indian Tribe;
                                                                                                       out the Urban Waters program $10,000,000 for           to authorize funds for Federal-aid high-
                                                 (ee) a unit of local government;
                                                                                                       each of fiscal years 2022 through 2026.
                                                 (ff) a public or private institution of higher                                                               ways, highway safety programs, and
                                               education;                                                (B) USE OF FUNDS.—Notwithstanding any
                                                                                                       other provision of law, activities carried out         transit programs, and for other pur-
                                                 (gg) a public or private nonprofit institu-                                                                  poses; which was ordered to lie on the
                                               tion;                                                   using amounts made available to the Admin-
                                                                                                       istrator under subparagraph (A) may be used            table; as follows:
                                                 (hh) an intertribal consortium;
                                                 (ii) an interstate agency; and                        in conjunction with amounts made available               At the end of division I, add the following:
                                                 (jj) any other entity determined to be ap-            from—                                                  SEC. 90009. REDUCTION OF SPENDING.
                                               propriate by the Administrator.                           (i) other member agencies; and                         (a) DEFINITIONS.—In this section—
                                                 (II) ACTIVITIES.—In carrying out the Urban              (ii) non-Federal entities that participate in          (1) the term ‘‘amount of the shortfall’’
                                               Waters program, a member agency may en-                 the Urban Waters program.                              means the difference, as of the date on which
                                               courage, cooperate with, and render tech-                                                                      this Act is last passed by the Senate, and
                                               nical services to and provide financial assist-
                                                                                                         SA 2596. Mr. MARKEY (for himself                     based on estimates submitted as of that date
                                               ance to support—                                        and Ms. CORTEZ MASTO) submitted an                     by the Congressional Budget Office, be-
                                                 (aa) Urban Water ambassadors to conduct               amendment intended to be proposed to                   tween—
                                               activities with respect to the applicable               amendment SA 2137 proposed by Mr.                        (A) the sum of the amounts made available
                                               Urban Waters partnership location, includ-              SCHUMER (for Ms. SINEMA (for herself,                  under each provision of this Act, or an
                                               ing—                                                    Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     amendment made by this Act; and
                                                 (AA) convening the appropriate Federal                SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                     (B) the sum of the amounts of the increase
                                               and non-Federal partners for the Urban                  TESTER, Ms. MURKOWSKI, Mr. WARNER,                     in revenue or decrease in spending under
                                               Waters partnership location;                            and Mr. ROMNEY)) to the bill H.R. 3684,                each provision of this Act, or an amendment
                                                 (BB) developing and carrying out an Urban                                                                    made by this Act; and
                                                                                                       to authorize funds for Federal-aid high-
                                               Waters partnership location workplan;                                                                            (2) notwithstanding section 2 of this Act,
                                                 (CC) leveraging available Federal and non-            ways, highway safety programs, and                     the term ‘‘this Act’’ means each division of
                                               Federal resources for projects within the               transit programs, and for other pur-                   this Act.
                                               Urban Waters partnership location; and                  poses; which was ordered to lie on the                   (b) REDUCTION IN SPENDING.—Each amount
                                                 (DD) sharing information and best prac-               table; as follows:                                     made available under this Act, or an amend-
                                               tices with the Urban Waters Learning Net-                 On page 2648, line 20, insert ‘‘or there is          ment made by this Act, shall be reduced, on
                                               work established under clause (iii); and                unmet need in other locations’’ after ‘‘built          a pro rata basis, by the amount necessary to
                                                 (bb) an eligible entity in carrying out—              out’’.                                                 reduce the total amount made available
                                                 (AA) projects at Urban Water partnership                                                                     under this Act by the amount of the short-
                                               locations that provide habitat or water qual-             SA 2597. Mr. LANKFORD submitted                      fall.
                                               ity improvements, increase river recreation,            an amendment intended to be proposed
                                               enhance community resiliency, install infra-            to amendment SA 2137 proposed by Mr.                     SA 2600. Mr. BLUMENTHAL (for
                                               structure, strengthen community engage-                                                                        himself and Mr. WICKER) submitted an




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                                                                                                       SCHUMER (for Ms. SINEMA (for herself,
                                               ment with and education with respect to                 Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     amendment intended to be proposed to
                                               water resources, or support planning, coordi-           SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                   amendment SA 2137 proposed by Mr.
                                               nation, and execution of projects identified
                                                                                                       TESTER, Ms. MURKOWSKI, Mr. WARNER,                     SCHUMER (for Ms. SINEMA (for herself,
                                               in the applicable Urban Waters partnership
                                               location workplan; and                                  and Mr. ROMNEY)) to the bill H.R. 3684,                Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                 (BB) planning, research, experiments, dem-            to authorize funds for Federal-aid high-               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               onstrations, surveys, studies, monitoring,              ways, highway safety programs, and                     TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               training, and outreach to advance the pur-              transit programs, and for other pur-                   and Mr. ROMNEY)) to the bill H.R. 3684,



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                                               S5976                                             CONGRESSIONAL RECORD — SENATE                                                          August 5, 2021
                                               to authorize funds for Federal-aid high-                form replacement of a pole under subsection            Ms. CORTEZ MASTO, Ms. LUMMIS, Mrs.
                                               ways, highway safety programs, and                      (f)(2)(B) if the utility is unable to comply           MURRAY, Mr. TILLIS, Mr. CASEY, Ms.
                                               transit programs, and for other pur-                    with the deadline under clause (i) of this sub-        CANTWELL, Mr. KENNEDY, and Mr.
                                                                                                       paragraph;
                                               poses; which was ordered to lie on the                                                                         YOUNG) submitted an amendment in-
                                                                                                          ‘‘(iii) prohibit a utility from unreasonably
                                               table; as follows:                                      withholding consent to designate, in accord-           tended to be proposed to amendment
                                                 At the appropriate place in division F, in-           ance with clause (ii), contractors proposed            SA 2137 proposed by Mr. SCHUMER (for
                                               sert the following:                                     by the attaching entity that are qualified             Ms. SINEMA (for herself, Mr. PORTMAN,
                                               SEC. lllll. REGULATION OF POLE ATTACH-                  and authorized to safely perform replace-              Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
                                                        MENTS.
                                                                                                       ment of a pole under subsection (f)(2)(B); and         HEEN, Ms. COLLINS, Mr. TESTER, Ms.
                                                  Section 224 of the Communications Act of                ‘‘(iv) provide that an attaching entity
                                               1934 (47 U.S.C. 224) is amended—                                                                               MURKOWSKI, Mr. WARNER, and Mr. ROM-
                                                                                                       may—                                                   NEY)) to the bill H.R. 3684, to authorize
                                                  (1) in subsection (a), by adding at the end             ‘‘(I) engage and direct contractors that are
                                               the following:                                                                                                 funds for Federal-aid highways, high-
                                                                                                       qualified and authorized to safely perform
                                                  ‘‘(6) The term ‘broadband service’ has the                                                                  way safety programs, and transit pro-
                                                                                                       replacement of a pole under subsection
                                               meaning given the term ‘broadband internet                                                                     grams, and for other purposes; which
                                                                                                       (f)(2)(B) designated by the utility to com-
                                               access service’ in section 8.1 of title 47, Code                                                               was ordered to lie on the table; as fol-
                                                                                                       plete any make-ready work if the utility is
                                               of Federal Regulations, or any successor reg-
                                               ulation.’’;
                                                                                                       unable to complete the work by the deadline            lows:
                                                                                                       under clause (i) of this subparagraph; and               At the appropriate place in division I, in-
                                                  (2) in subsection (b), by adding at the end
                                                                                                          ‘‘(II) recover from the utility any costs re-       sert the following:
                                               the following:
                                                  ‘‘(3) Not later than 180 days after the date         lated to work completed under subclause (I)            SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-
                                               of enactment of this paragraph, the Commis-             for which the utility is responsible.’’; and                      LIEF FUNDS FOR INFRASTRUCTURE
                                               sion shall prescribe regulations that—                     (3) in subsection (f), by striking paragraph                   PROJECTS.
                                                  ‘‘(A) include an expedited complaint and             (2) and inserting the following:                         (a) IN GENERAL.—Title VI of the Social Se-
                                               dispute resolution process to resolve, in not              ‘‘(2)(A) Notwithstanding paragraph (1), and         curity Act (42 U.S.C. 801 et seq.) is amend-
                                               more than 90 days, disagreements involving              subject to subparagraph (B) of this para-              ed—
                                               access to poles for purposes of providing               graph, a utility providing electric service              (1) in section 602—
                                               broadband service, including pole replace-              may deny a cable television system or any                (A) in subsection (a)(1), by inserting ‘‘(ex-
                                               ments and the terms, conditions, and                    telecommunications carrier access to its               cept as provided in subsection (c)(4))’’ after
                                               charges for pole replacements;                          poles, ducts, conduits, or rights-of-way, on a         ‘‘December 31, 2024’’; and
                                                  ‘‘(B) provide that the pendency of an ap-            non-discriminatory basis for reasons of rea-             (B) in subsection (c)—
                                               peal from any decision in favor of an attach-           sons of safety, reliability, and generally ap-           (i) in paragraph (1), in the matter pre-
                                               ing entity shall not prevent the attaching              plicable engineering purposes.                         ceding subparagraph (A), by striking ‘‘para-
                                               entity from proceeding with any disputed at-               ‘‘(B) If a utility denies access to a cable         graph (3)’’ and inserting ‘‘paragraphs (3) and
                                               tachment; and                                           television system or telecommunications                (4)’’; and
                                                  ‘‘(C) provide that the regulations pre-              carrier under subparagraph (A), upon the re-             (ii) by adding at the end the following new
                                               scribed under this paragraph take prece-                quest of the cable television system or tele-          paragraph:
                                               dence, when in conflict, over any agreement             communications carrier, the utility shall on             ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN
                                               between a utility and an attaching entity en-           a nondiscriminatory basis expand the capac-            INFRASTRUCTURE PROJECTS.—
                                               tered into before the date on which the regu-           ity of, or replace, any pole, duct, conduit, or          ‘‘(A) IN GENERAL.—Subject to subparagraph
                                               lations are prescribed.                                 right-of-way owned or controlled by the util-          (C), notwithstanding any other provision of
                                                  ‘‘(4) Not later than 180 days after the date         ity to enable the requesting entity to pro-            law, a State, territory, or Tribal government
                                               of enactment of this paragraph, the Commis-             vide broadband service if the requesting enti-         receiving a payment under this section may
                                               sion shall prescribe regulations to govern the          ty agrees to pay a proportionate share of the          use funds provided under such payment for
                                               charges for any pole attachments used by                costs of the expansion or replacement in ac-           projects described in subparagraph (B), in-
                                               any entity, in whole or in part, to provide             cordance with the regulations prescribed by            cluding—
                                               broadband service that—                                 the Commission under subsection (b)(4).’’.               ‘‘(i) in the case of a project receiving a
                                                  ‘‘(A) ensure that a charge for the replace-                                                                 grant under section 117 of title 23, United
                                               ment of a pole shall not be considered just               SA 2601. Ms. DUCKWORTH (for her-                     States Code, or section 5309 or 6701 of title 49,
                                               and reasonable unless—                                  self and Ms. LUMMIS) submitted an                      United States Code, to satisfy a non-Federal
                                                  ‘‘(i) the responsibility of the attaching en-        amendment intended to be proposed to                   share requirement applicable to such a
                                               tity is limited to compensating the utility             amendment SA 2137 proposed by Mr.                      project; and
                                               for—                                                    SCHUMER (for Ms. SINEMA (for herself,                    ‘‘(ii) in the case of a project receiving cred-
                                                  ‘‘(I) the remaining accounting value of the          Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     it assistance under the TIFIA program under
                                               pole being replaced;                                                                                           chapter 6 of title 23, United States Code—
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                  ‘‘(II) any incremental costs from increas-                                                                    ‘‘(I) to satisfy a non-Federal share require-
                                               ing the capacity of the pole; and                       TESTER, Ms. MURKOWSKI, Mr. WARNER,                     ment applicable to such a project; and
                                                  ‘‘(III) any costs of advancing the replace-          and Mr. ROMNEY)) to the bill H.R. 3684,                  ‘‘(II) to repay a loan provided under such
                                               ment of the pole by its remaining service               to authorize funds for Federal-aid high-               program.
                                               life, as measured by the difference between             ways, highway safety programs, and                       ‘‘(B) PROJECTS DESCRIBED.—A project re-
                                               the age of the pole and the utility’s average           transit programs, and for other pur-                   ferred to in subparagraph (A) is any of the
                                               service life for a pole; and                            poses; which was ordered to lie on the                 following:
                                                  ‘‘(ii) any recovery by the utility of its            table; as follows:                                       ‘‘(i) A project that receives a grant under
                                               share of such costs through recurring rates                                                                    section 117 of title 23, United States Code.
                                               excludes amounts recovered through non-re-                At the appropriate place in title III of divi-         ‘‘(ii) A project eligible under section 119 of
                                               curring charges to attaching entities per-              sion B, insert the following:                          title 23, United States Code.
                                               mitted under this subsection, including                 SEC. 230ll. UNIVERSAL ELECTRONIC VEHICLE                 ‘‘(iii) A project eligible under section 124 of
                                                                                                                  IDENTIFIER.
                                               under clause (i), and through depreciation;                                                                    title 23, United States Code, as added by the
                                               and                                                       Not later than 4 years after the date of en-         Infrastructure Investment and Jobs Act.
                                                  ‘‘(B) ensure that terms and conditions for           actment of this Act, the Secretary shall                 ‘‘(iv) A project eligible under section 133 of
                                               pole attachments—                                       issue a final regulation that requires a com-          title 23, United States Code.
                                                  ‘‘(i) require all work to facilitate replace-        mercial motor vehicle manufactured after                 ‘‘(v) An activity to carry out section 134 of
                                               ment of a pole under subsection (f)(2)(B) to            the effective date of such regulation to be            title 23, United States Code.
                                               be completed by the utility or its designee             equipped with a universal electronic vehicle             ‘‘(vi) A project eligible under section 148 of
                                               not later than 90 days after the receipt by             identifier that provides a single point of             title 23, United States Code.
                                               the utility, from the attaching entity, of a            data, such as the Vehicle Identification                 ‘‘(vii) A project eligible under section 149
                                               complete application and payment con-                   Number, that—                                          of title 23, United States Code.
                                               sistent with regulations implemented under                (1) identifies the vehicle for compliance,             ‘‘(viii) A project eligible under section 151
                                               paragraph (3) of this subsection, unless the            inspection, or enforcement purposes;                   of title 23, United States Code, as added by




SSpencer on DSK126QN23PROD with SENATE
                                               Commission finds that unforeseeable exigent               (2) does not transmit personally identifi-           the Infrastructure Investment and Jobs Act.
                                               circumstances prevent completion of com-                able information regarding operators; and                ‘‘(ix) A project eligible under section 165 of
                                               plex make-ready projects within that period,              (3) does not create an undue cost burden             title 23, United States Code.
                                               in which case the work shall be completed               for operators and carriers.                              ‘‘(x) A project eligible under section 167 of
                                               not later than 120 days after the receipt of                                                                   title 23, United States Code.
                                               the complete application and payment;                    SA 2602. Mr. CORNYN (for himself,                       ‘‘(xi) A project eligible under section 173 of
                                                  ‘‘(ii) require a utility to designate contrac-       Mr. PADILLA, Mr. LUJÁN, Ms. HASSAN,                   title 23, United States Code, as added by the
                                               tors qualified and authorized to safely per-            Ms. BALDWIN, Mr. WICKER, Mr. KELLY,                    Infrastructure Investment and Jobs Act.




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5977
                                                 ‘‘(xii) A project eligible under section 175            ‘‘(II) the requirements of titles 23, 40, and        this section shall not be used for operating
                                               of title 23, United States Code, as added by            49 of the United States Code, title I of the           expenses of a project described in clauses
                                               the Infrastructure Investment and Jobs Act.             Housing and Community Development Act of               (xx) through (xxiv) of section 602(c)(4)(B).
                                                 ‘‘(xiii) A project eligible under section 176         1974 (42 U.S.C. 5301 et seq.), and the National          ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
                                               of title 23, United States Code, as added by            Environmental Policy Act of 1969 (42 U.S.C.            cept as otherwise provided in this section—
                                               the Infrastructure Investment and Jobs Act.             4321 et. seq) shall apply to funds provided              ‘‘(I) the requirements of section 60102 of
                                                 ‘‘(xiv) A project eligible under section 202          under a payment made under this section                the Infrastructure Investment and Jobs Act
                                               of title 23, United States Code.                        that are used for projects described in sub-           shall apply to funds provided under a pay-
                                                 ‘‘(xv) A project eligible under section 203 of        paragraph (B); and                                     ment made under this section that are used
                                               title 23, United States Code.                             ‘‘(III) a State government receiving a pay-          pursuant to subparagraph (A) for a project
                                                 ‘‘(xvi) A project eligible under section 204          ment under this section may use funds pro-             described in clause (xxvi) of section
                                               of title 23, United States Code.                        vided under such payment for projects de-              602(c)(4)(B) that relates to broadband infra-
                                                 ‘‘(xvii) A project that receives a grant              scribed in clauses (i) through (xxvii) of sub-         structure; and
                                               under the program for national infrastruc-              paragraph (B), as applicable, that—                      ‘‘(II) the requirements of titles 23, 40, and
                                               ture investments (commonly known as the                   ‘‘(aa) demonstrate progress in achieving a           49 of the United States Code, title I of the
                                               ‘Rebuilding American Infrastructure with                state of good repair as required by the                Housing and Community Development Act of
                                               Sustainability and Equity (RAISE) grant                 State’s asset management plan under section            1974 (42 U.S.C. 5301 et seq.), and the National
                                               program’).                                              119(e) of title 23, United States Code; and            Environmental Policy Act of 1969 (42 U.S.C.
                                                                                                         ‘‘(bb) support the achievement of 1 or more          4321 et. seq) shall apply to funds provided
                                                 ‘‘(xviii) A project that receives credit as-
                                                                                                       performance targets of the State established           under a payment made under this section
                                               sistance under the TIFIA program under
                                                                                                       under section 150 of title 23, United States           that are used for projects described in sec-
                                               chapter 6 of title 23, United States Code.
                                                                                                       Code.                                                  tion 602(c)(4)(B).
                                                 ‘‘(xix) A project that furthers the comple-
                                                                                                         ‘‘(iv) OVERSIGHT.—The Secretary may dele-              ‘‘(iv) OVERSIGHT.—The Secretary may dele-
                                               tion of a designated route of the Appalachian
                                                                                                       gate oversight and administration of the re-           gate oversight and administration of the re-
                                               Development Highway System under section
                                                                                                       quirements described in clause (iii) to the            quirements described in clause (iii) to the
                                               14501 of title 40, United States Code.
                                                                                                       appropriate Federal agency.                            appropriate Federal agency.
                                                 ‘‘(xx) A project that receives a grant under            ‘‘(D) AVAILABILITY.—Funds provided under               ‘‘(C) AVAILABILITY.—Funds provided under
                                               section 5307 of title 49, United States Code.           a payment made under this section to a                 a payment made under this section to a met-
                                                 ‘‘(xxi) A project that receives a grant               State, territory, or Tribal government shall           ropolitan city, nonentitlement unit of local
                                               under section 5309 of title 49, United States           remain available for obligation for a use de-          government, or county shall remain avail-
                                               Code.                                                   scribed in subparagraph (A) through Decem-             able for obligation for a use described in sub-
                                                 ‘‘(xxii) A project that receives a grant              ber 31, 2024, except that no amount of such            paragraph (A) through December 31, 2024, ex-
                                               under section 5311 of title 49, United States           funds may be expended after September 30,              cept that no amount of such funds may be
                                               Code.                                                   2026.’’; and                                           expended after September 30, 2026.’’.
                                                 ‘‘(xxiii) A project that receives a grant               (2) in subsection 603—                                 (b)     TECHNICAL     AMENDMENTS.—Sections
                                               under section 5337 of title 49, United States             (A) in subsection (a), by inserting ‘‘(except        602(c)(3) and 603(c)(3) of title VI of the Social
                                               Code.                                                   as provided in subsection (c)(5))’’ after ‘‘De-        Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
                                                 ‘‘(xxiv) A project that receives a grant              cember 31, 2024’’; and                                 each amended by striking ‘‘paragraph (17)
                                               under section 5339 of title 49, United States             (B) in subsection (c)—                               of’’.
                                               Code.                                                     (i) in paragraph (1), in the matter pre-               (c) GUIDANCE AND EFFECTIVE DATE.—
                                                 ‘‘(xxv) A project that receives a grant               ceding subparagraph (A), by striking ‘‘para-             (1) GUIDANCE OR RULE.—Within 60 days of
                                               under section 6703 of title 49, United States           graphs (3) and (4)’’ and inserting ‘‘paragraphs        the date of enactment of this Act, the Sec-
                                               Code, as added by the Infrastructure Invest-            (3), (4), and (5)’’; and                               retary of the Treasury, in consultation with
                                               ment and Jobs Act.                                        (ii) by adding at the end the following new          the Secretary of Transportation, shall issue
                                                 ‘‘(xxvi) A project that receives a grant              paragraph:                                             guidance or promulgate a rule to carry out
                                               under title I of the Housing and Community                ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN             this section.
                                               Development Act of 1974 (42 U.S.C. 5301 et              INFRASTRUCTURE PROJECTS.—                                (2) EFFECTIVE DATE.—The amendments
                                               seq.).                                                    ‘‘(A) IN GENERAL.—Subject to subparagraph            made by this section shall take effect upon
                                                 ‘‘(xxvii) A project eligible under the bridge         (B), notwithstanding any other provision of            the issuance of guidance or the promulgation
                                               replacement, rehabilitation, preservation,              law, a metropolitan city, nonentitlement               of a rule described in paragraph (1).
                                               protection, and construction program under              unit of local government, or county receiv-              (d) DEPARTMENT OF THE TREASURY ADMINIS-
                                               paragraph (1) under the heading ‘HIGHWAY IN-            ing a payment under this section may use               TRATIVE EXPENSES.—
                                               FRASTRUCTURE PROGRAM’ under the heading                 funds provided under such payment for                    (1) IN GENERAL.—Notwithstanding any
                                               ‘FEDERAL HIGHWAY ADMINISTRATION’ under                  projects described in subparagraph (B) of sec-         other provision of law, the unobligated bal-
                                               the heading ‘DEPARTMENT OF TRANS-                       tion 602(c)(4), including—                             ances from amounts made available to the
                                               PORTATION’ under title VIII of division J of              ‘‘(i) in the case of a project receiving a           Secretary of the Treasury (referred to in this
                                               the Infrastructure Investment and Jobs Act.             grant under section 117 of title 23, United            subsection as the ‘‘Secretary’’) for adminis-
                                                 ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE-            States Code, or section 5309 or 6701 of title 49,      trative expenses pursuant to the provisions
                                               MENTS.—                                                 United States Code, to satisfy a non-Federal           specified in paragraph (2) shall be available
                                                 ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR            share requirement applicable to such a                 to the Secretary (in addition to any other
                                               INFRASTRUCTURE PROJECTS.—                               project; and                                           appropriations provided for such purpose) for
                                                 ‘‘(I) IN GENERAL.—The total amount that a               ‘‘(ii) in the case of a project receiving cred-      any administrative expenses of the Depart-
                                               State, territory, or Tribal government may              it assistance under the TIFIA program under            ment of the Treasury determined by the Sec-
                                               use from a payment made under this section              chapter 6 of title 23, United States Code—             retary to be necessary to respond to the
                                               for uses described in subparagraph (A) shall              ‘‘(I) to satisfy a non-Federal share require-        coronavirus emergency, including any ex-
                                               not exceed the greater of—                              ment applicable to such a project; and                 penses necessary to implement any provision
                                                 ‘‘(aa) $10,000,000; and                                 ‘‘(II) to repay a loan provided under such           of—
                                                 ‘‘(bb) 30 percent of such payment.                    program.                                                 (A) the Coronavirus Aid, Relief, and Eco-
                                                 ‘‘(II) RULE OF APPLICATION.—The spending                ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-           nomic Security Act (Public Law 116–136);
                                               limitation under subclause (I) shall not                MENTS.—                                                  (B) division N of the Consolidated Appro-
                                               apply to any use of funds permitted under                 ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR           priations Act, 2021 (Public Law 116–260);
                                               paragraph (1), and any such use of funds shall          INFRASTRUCTURE PROJECTS.—                                (C) the American Rescue Plan Act (Public
                                               be disregarded for purposes of applying such              ‘‘(I) IN GENERAL.—The total amount that a            Law 117–2); or
                                               spending limitation.                                    metropolitan city, nonentitlement unit of                (D) title VI of the Social Security Act (42
                                                 ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—             local government, or county may use from a             U.S.C. 801 et seq.).
                                               Funds provided under a payment made under               payment made under this section for uses de-             (2) PROVISIONS SPECIFIED.—The provisions
                                               this section shall not be used for operating            scribed in subparagraph (A) shall not exceed           specified in this paragraph are the following:
                                               expenses of a project described in clauses              the greater of—                                          (A) Sections 4003(f) and 4112(b) of the
                                               (xx) through (xxiv) of subparagraph (B).                  ‘‘(aa) $10,000,000; and                              Coronavirus Aid, Relief, and Economic Secu-
                                                 ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-                ‘‘(bb) 30 percent of such payment.                   rity Act (Public Law 116–136).




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                                               cept as otherwise provided in this section—               ‘‘(II) RULE OF APPLICATION.—The spending               (B) Section 421(f)(2) of division N of the
                                                 ‘‘(I) the requirements of section 60102 of            limitation under subclause (I) shall not               Consolidated Appropriations Act, 2021 (Pub-
                                               the Infrastructure Investment and Jobs Act              apply to any use of funds permitted under              lic Law 116–260).
                                               shall apply to funds provided under a pay-              paragraph (1), and any such use of funds shall           (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and
                                               ment made under this section that are used              be disregarded for purposes of applying such           7301(b)(5) of the American Rescue Plan Act of
                                               pursuant to subparagraph (A) for a project              spending limitation.                                   2021 (Public Law 117–2).
                                               described in clause (xxvi) of subparagraph                ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—              (D) Section 602(a)(2) of the Social Security
                                               (B) that relates to broadband infrastructure;           Funds provided under a payment made under              Act (42 U.S.C. 802(a)(2)).




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                                               S5978                                             CONGRESSIONAL RECORD — SENATE                                                           August 5, 2021
                                                 SA 2603. Mr. WYDEN (for himself,                      within the boundaries of the eligible revenue          the boundary of a unit of general local gov-
                                               Mr. CRAPO, Mr. SCHATZ, Mr. RISCH, Mr.                   sharing county for which the payment was               ernment described in subparagraph (A).
                                               MERKLEY, Ms. MURKOWSKI, and Mr.                         received.                                                ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV-
                                                                                                         ‘‘(C) PRO RATA ADJUSTMENT AUTHORITY.—                ERNMENT.—The term ‘eligible revenue shar-
                                               SULLIVAN) submitted an amendment
                                                                                                       The amounts otherwise determined for allo-             ing local government’ means a unit of gen-
                                               intended to be proposed to amendment                    cation and payment under subparagraphs (A)             eral local government (as defined in section
                                               SA 2137 proposed by Mr. SCHUMER (for                    and (B) may be adjusted by the Secretary on            6901(2) of title 31, United States Code) in
                                               Ms. SINEMA (for herself, Mr. PORTMAN,                   a pro rata basis to the extent necessary to            which entitlement land is located that is not
                                               Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-                     ensure that all available funds are allocated          a county or territory and which is eligible
                                               HEEN, Ms. COLLINS, Mr. TESTER, Ms.                      and paid to eligible revenue sharing recipi-           for a payment under section 6902(a) of title
                                               MURKOWSKI, Mr. WARNER, and Mr. ROM-                     ents in accordance with the requirements               31, United States Code.
                                               NEY)) to the bill H.R. 3684, to authorize               specified in each such subparagraph.                     ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI-
                                                                                                         ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI-             ENTS.—The term ‘eligible revenue sharing re-
                                               funds for Federal-aid highways, high-                   BLE TRIBAL GOVERNMENTS.—For each of fiscal             cipients’ means, collectively, eligible rev-
                                               way safety programs, and transit pro-                   years 2022 and 2023, the Secretary shall re-           enue sharing counties and eligible revenue
                                               grams, and for other purposes; which                    serve $250,000,000 of the total amount appro-          sharing local governments.
                                               was ordered to lie on the table; as fol-                priated under subsection (a) to allocate and             ‘‘(6) ELIGIBLE TRIBAL GOVERNMENT.—The
                                               lows:                                                   pay to eligible Tribal governments in                  term ‘eligible Tribal government’ means the
                                                 At the appropriate place in division I, in-           amounts that are determined by the Sec-                recognized governing body of an eligible
                                               sert the following:                                     retary taking into account economic condi-             Tribe.
                                               SEC. lll. CORONAVIRUS RELIEF AND FISCAL                 tions of each eligible Tribe.                            ‘‘(7) ELIGIBLE TRIBE.—The term ‘eligible
                                                          RECOVERY FUNDS.                                ‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI-             Tribe’ means any Indian or Alaska Native
                                                 (a) LOCAL ASSISTANCE AND TRIBAL CONSIST-              TORIES.—For each of fiscal years 2022 and              tribe, band, nation, pueblo, village, commu-
                                               ENCY FUND.—Section 605 of the Social Secu-              2023, the Secretary shall reserve $7,500,000 of        nity, component band, or component res-
                                               rity Act (42 U.S.C. 805) is amended to read as          the total amount appropriated under sub-               ervation, individually identified (including
                                               follows:                                                section (a) to allocate and pay to each terri-         parenthetically) in the list published most
                                               ‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CON-            tory an amount which bears the same pro-               recently as of March 11, 2021, pursuant to
                                                            SISTENCY FUND.                             portion to the amount reserved in this para-           section 104 of the Federally Recognized In-
                                                  ‘‘(a)   APPROPRIATION.—In   addition   to            graph as the population of such territory              dian Tribe List Act of 1994 (25 U.S.C. 5131).
                                               amounts otherwise available, there is appro-            bears to the total population of all such ter-           ‘‘(8) ENTITLEMENT LAND.—The term ‘enti-
                                               priated for fiscal year 2021, out of any money          ritories.                                              tlement land’ has the meaning given to such
                                               in the Treasury not otherwise appropriated,               ‘‘(c) USE OF PAYMENTS.—An eligible rev-              term in section 6901(1) of title 31, United
                                               $2,000,000,000 to remain available until Sep-           enue sharing recipient, an eligible Tribal             States Code.
                                               tember 30, 2023, with amounts to be obligated           government, or a territory may use funds                 ‘‘(9) REVENUE SHARING COUNTY.—The term
                                               for each of fiscal years 2022 and 2023 in ac-           provided under a payment made under this               ‘revenue sharing county’ means—
                                               cordance with subsection (b), for making                section for any governmental purpose other               ‘‘(A) an eligible revenue sharing county; or
                                               payments under this section to eligible rev-            than a lobbying activity.                                ‘‘(B) a county with limited government
                                               enue sharing recipients, eligible Tribal gov-             ‘‘(d) REPORTING REQUIREMENT.—Any eligi-              functions.
                                               ernments, and territories.                              ble revenue sharing recipient and any terri-             ‘‘(10) SECRETARY.—The term ‘Secretary’
                                                  ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—                   tory receiving a payment under this section            means the Secretary of the Treasury.
                                                  ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI-             shall provide to the Secretary periodic re-              ‘‘(11) TERRITORY.—The term ‘territory’
                                               BLE REVENUE SHARING RECIPIENTS.—                        ports providing a detailed accounting of the           means—
                                                  ‘‘(A) ALLOCATIONS TO REVENUE SHARING                 uses of fund by such eligible revenue sharing            ‘‘(A) the Commonwealth of Puerto Rico;
                                               COUNTIES.—For each of fiscal years 2022 and             recipient or territory, as applicable, and               ‘‘(B) the United States Virgin Islands;
                                               2023, the Secretary shall reserve $742,500,000          such other information as the Secretary may              ‘‘(C) Guam;
                                               of the total amount appropriated under sub-             require for the administration of this sec-              ‘‘(D) the Commonwealth of the Northern
                                               section (a) to allocate to each revenue shar-           tion.                                                  Mariana Islands; or
                                               ing county and, except as provided in sub-                ‘‘(e) RECOUPMENT.—Any eligible revenue                 ‘‘(E) American Samoa.’’.
                                               paragraph (B), pay to each revenue sharing              sharing recipient or any territory that has              (b)    EXTENSION     OF   AVAILABILITY      OF
                                               county that is an eligible revenue sharing              failed to submit a report required under sub-          CORONAVIRUS RELIEF FUND PAYMENTS TO
                                               county amounts that are determined by the               section (d) or failed to comply with sub-              TRIBAL GOVERNMENTS.—Section 601(d)(3) of
                                               Secretary taking into account the amount of             section (c), shall be required to repay to the         the Social Security Act (42 U.S.C. 801(d)(3)) is
                                               entitlement land in each revenue sharing                Secretary an amount equal to—                          amended by inserting ‘‘(or, in the case of
                                               county and the economic conditions of each                ‘‘(1) in the case of a failure to comply with        costs incurred by a Tribal government, dur-
                                               revenue sharing county, using such measure-             subsection (c), the amount of funds used in            ing the period that begins on March 1, 2020,
                                               ments of poverty, household income, and un-             violation of such subsection; and                      and ends on December 31, 2022)’’ before the
                                               employment over the most recent 20-year pe-               ‘‘(2) in the case of a failure to submit a re-       period.
                                               riod as of September 30, 2021, to the extent            port required under subsection (d), such
                                                                                                                                                                                   ---
                                                                                                                                                                SA 2604. Mr. GRASSLEY (for himself
                                               data are available, as well as other economic           amount as the Secretary determines appro-
                                               indicators the Secretary determines appro-              priate, but not to exceed 5 percent of the             and Mr. CORNYN) submitted an amend-
                                               priate.                                                 amount paid to the eligible revenue sharing            ment intended to be proposed to
                                                  ‘‘(B) SPECIAL ALLOCATION RULES.—                     recipient or the territory under this section          amendment SA 2137 proposed by Mr.
                                                  ‘‘(i) REVENUE SHARING COUNTIES WITH LIM-             for all fiscal years.                                  SCHUMER (for Ms. SINEMA (for herself,
                                               ITED GOVERNMENT FUNCTIONS.—In the case of                 ‘‘(f) DEFINITIONS.—In this section:                  Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               an amount allocated to a revenue sharing                  ‘‘(1) COUNTY.—The term ‘county’ means a              SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               county under subparagraph (A) that is a                 county, parish, or other equivalent county             TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               county with limited government functions,               division (as defined by the Bureau of the              and Mr. ROMNEY)) to the bill H.R. 3684,
                                               the Secretary shall allocate and pay such               Census) in 1 of the 50 States.
                                               amount to each eligible revenue sharing                   ‘‘(2) COUNTY WITH LIMITED GOVERNMENT
                                                                                                                                                              to authorize funds for Federal-aid high-
                                               local government within such county with                FUNCTIONS.—The term ‘county with limited               ways, highway safety programs, and
                                               limited government functions in an amount               government functions’ means a county in                transit programs, and for other pur-
                                               determined by the Secretary taking into ac-             which entitlement land is located that is not          poses; which was ordered to lie on the
                                               count the amount of entitlement land in                 an eligible revenue sharing county.                    table; as follows:
                                               each eligible revenue sharing local govern-               ‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.—                 On page 2642, line 20, strike ‘‘National
                                               ment and the population of such eligible rev-           The term ‘eligible revenue sharing county’             Electric Vehicle Formula Program’’ and in-
                                               enue sharing local government relative to               means—                                                 sert ‘‘National Electric Vehicle and Alter-
                                               the total population of such county with                  ‘‘(A) a unit of general local government (as         native Infrastructure Formula Program’’.
                                               limited government functions.                           defined in section 6901(2) of title 31, United            On page 2642, line 23, insert ‘‘, biofuel fuel-
                                                  ‘‘(ii) ELIGIBLE REVENUE SHARING COUNTY IN            States Code) that is a county in which enti-           ing infrastructure, hydrogen fueling infra-




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                                               ALASKA.—In the case of the eligible revenue             tlement land is located and which is eligible          structure, propane fueling infrastructure, or
                                               sharing county described in subparagraph                for a payment under section 6902(a) of title           natural gas fueling infrastructure’’ after
                                               (f)(3)(C), the Secretary shall pay the amount           31, United States Code;                                ‘‘charging infrastructure’’.
                                               allocated to such eligible revenue sharing                ‘‘(B) the District of Columbia; or                      On page 2643, line 3, insert ‘‘, biofuel fuel-
                                               county to the State of Alaska. The State of               ‘‘(C) the combined area in Alaska that is            ing infrastructure, hydrogen fueling infra-
                                               Alaska shall distribute such payment to                 within the boundaries of a census area used            structure, propane fueling infrastructure, or
                                               home rule cities and general law cities (as             by the Secretary of Commerce in the decen-             natural gas fueling infrastructure’’ after
                                               such cities are defined by the State) located           nial census, but that is not included within           ‘‘charging infrastructure’’.




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                       S5979
                                                  On page 2643, line 8, insert ‘‘, biofuel fuel-       structure, propane fueling infrastructure, or             On page 2651, line 25, insert ‘‘and biofuel,
                                               ing infrastructure, hydrogen fueling infra-             natural gas fueling infrastructure’’ after             hydrogen, propane, and natural gas fueling’’
                                               structure, propane fueling infrastructure, or           ‘‘charging infrastructure’’.                           after ‘‘charging’’.
                                               natural gas fueling infrastructure’’ after ‘‘in-           On page 2649, line 14, insert ‘‘, biofuel fuel-        On page 2652, line 21, insert ‘‘, biofuel fuel-
                                               frastructure’’.                                         ing infrastructure, hydrogen fueling infra-            ing infrastructure, hydrogen fueling infra-
                                                  On page 2643, line 9, insert ‘‘, biofuel fuel-       structure, propane fueling infrastructure, or          structure, propane fueling infrastructure, or
                                               ing infrastructure, hydrogen fueling infra-             natural gas fueling infrastructure’’ after             natural gas fueling infrastructure’’ after
                                               structure, propane fueling infrastructure, or           ‘‘charging infrastructure’’.                           ‘‘charging infrastructure’’.
                                               natural gas fueling infrastructure’’ after                 On page 2649, line 17, insert ‘‘, biofuel fuel-        On page 2654, line 4, insert ‘‘, biofuel vehi-
                                               ‘‘charging infrastructure’’.                            ing infrastructure, hydrogen fueling infra-            cle, hydrogen vehicle, propane vehicle, or
                                                  On page 2643, line 22, insert ‘‘Provided fur-        structure, propane fueling infrastructure, or          natural gas vehicle’’ after ‘‘electric vehicle’’.
                                               ther, That of the funds distributed to each             natural gas fueling infrastructure’’ after                On page 2655, line 7, insert ‘‘, biofuel fuel-
                                               State under the previous proviso, each State            ‘‘charging infrastructure’’.                           ing stations, hydrogen fueling stations, pro-
                                               may determine how to allocate such funds                   On page 2649, line 21, insert ‘‘, biofuel fuel-     pane fueling stations, or natural gas fueling
                                               for electric vehicle charging infrastructure,           ing infrastructure, hydrogen fueling infra-            stations’’ after ‘‘stations’’.
                                               biofuel fueling infrastructure, hydrogen fuel-          structure, propane fueling infrastructure, or             On page 2655, line 8, insert ‘‘, biofuel fuel-
                                               ing infrastructure, propane fueling infra-              natural gas fueling infrastructure’’ before            ing stations, hydrogen fueling stations, pro-
                                               structure, or natural gas fueling infrastruc-           the comma.                                             pane fueling stations, or natural gas fueling
                                               ture projects, respectively:’’ after ‘‘Code:’’.            On page 2649, line 25, insert ‘‘, biofuel vehi-     stations’’ after ‘‘stations’’.
                                                  On page 2644, line 19, insert ‘‘, biofuel fuel-      cle owners, hydrogen vehicle owners, pro-                 On page 2655, line 11, insert ‘‘, biofuel fuel-
                                               ing infrastructure, hydrogen fueling infra-             pane vehicle owners, or natural gas vehicle            ing stations, hydrogen fueling stations, pro-
                                               structure, propane fueling infrastructure, or           owners’’ after ‘‘owners’’.                             pane fueling stations, or natural gas fueling
                                               natural gas fueling infrastructure’’ after                 On page 2650, line 1, insert ‘‘, biofuel vehi-      stations’’ after ‘‘stations’’.
                                               ‘‘charging infrastructure’’.                            cles, hydrogen vehicles, propane vehicles, or
                                                  On page 2646, line 15, insert ‘‘, biofuel fuel-      natural gas vehicles’’ after ‘‘electric vehi-            SA 2605. Mrs. HYDE-SMITH (for her-
                                               ing infrastructure, hydrogen fueling infra-             cles’’.
                                                                                                          On page 2650, line 2, insert ‘‘, biofuel, hy-       self, Mr. LEAHY, Ms. BALDWIN, Ms. LUM-
                                               structure, propane fueling infrastructure, or                                                                  MIS, and Mr. PADILLA) submitted an
                                               natural gas fueling infrastructure’’ after              drogen, propane, or natural gas’’ before ‘‘re-
                                                                                                       quired’’.                                              amendment intended to be proposed to
                                               ‘‘charging infrastructure’’.
                                                                                                          On page 2650, line 3, insert ‘‘, biofuel fuel-      amendment SA 2137 proposed by Mr.
                                                  On page 2646, line 20, insert ‘‘or fueling’’
                                                                                                       ing stations, hydrogen fueling stations, pro-          SCHUMER (for Ms. SINEMA (for herself,
                                               after ‘‘the charging’’.
                                                  On page 2646, line 21, insert ‘‘, biofuel fuel-      pane fueling stations, or natural gas fueling          Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                                                                       stations’’ before the comma.
                                               ing infrastructure, hydrogen fueling infra-                                                                    SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                                                                          On page 2650, line 4, insert ‘‘, biofuel fuel-
                                               structure, propane fueling infrastructure, or                                                                  TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                                                                       ing stations, hydrogen fueling stations, pro-
                                               natural gas fueling infrastructure’’ after                                                                     and Mr. ROMNEY)) to the bill H.R. 3684,
                                                                                                       pane fueling stations, or natural gas fueling
                                               ‘‘charging infrastructure’’.
                                                                                                       stations’’ after ‘‘charging stations’’.                to authorize funds for Federal-aid high-
                                                  On page 2646, line 25, insert ‘‘, biofuel fuel-
                                                                                                          On page 2650, line 5, insert ‘‘, biofuel, pro-      ways, highway safety programs, and
                                               ing infrastructure, hydrogen fueling infra-
                                                                                                       pane, hydrogen, or natural gas’’ after ‘‘elec-         transit programs, and for other pur-
                                               structure, propane fueling infrastructure, or
                                                                                                       tric’’.                                                poses; which was ordered to lie on the
                                               natural gas fueling infrastructure’’ after                 On page 2650, line 6, insert ‘‘, biofuel fuel-
                                               ‘‘charging infrastructure’’.                            ing stations, hydrogen fueling stations, pro-          table; as follows:
                                                  On page 2647, line 8, insert ‘‘, biofuel fuel-                                                                Under the heading ‘‘RURAL UTILITIES SERV-
                                                                                                       pane fueling stations, or natural gas fueling
                                               ing infrastructure, hydrogen fueling infra-                                                                    ICE’’ under the heading ‘‘RURAL DEVELOP-
                                                                                                       stations’’ after ‘‘charging stations’’.
                                               structure, propane fueling infrastructure, or              On page 2650, line 7, insert ‘‘, biofuel, pro-      MENT PROGRAMS’’ under the heading ‘‘DE-
                                               natural gas fueling infrastructure’’ after              pane, hydrogen, or natural gas’’ after ‘‘elec-         PARTMENT OF AGRICULTURE’’ in title I
                                               ‘‘charging infrastructure’’.                            tric’’.                                                of division J, add at the end the following:
                                                  On page 2647, line 14, insert ‘‘, biofuel fuel-         On page 2650, strike lines 13 and 14 and in-        RURAL WATER AND WASTE DISPOSAL PROGRAMS
                                               ing infrastructure, hydrogen fueling infra-             sert ‘‘scenarios for electric vehicles and elec-
                                               structure, propane fueling infrastructure, or                                                                    For an additional amount for gross obliga-
                                                                                                       tric vehicle charging stations, biofuel vehi-
                                               natural gas fueling infrastructure’’ after                                                                     tions for the principal amount of direct loans
                                                                                                       cles and biofuel fueling stations, hydrogen
                                               ‘‘charging infrastructure’’.                                                                                   authorized by section 306 of the Consolidated
                                                                                                       vehicles and hydrogen fueling stations, pro-
                                                  On page 2647, line 24, insert ‘‘, biofuel fuel-                                                             Farm and Rural Development Act (7 U.S.C.
                                                                                                       pane vehicles and propane fueling stations,
                                               ing infrastructure, hydrogen fueling infra-                                                                    1926) and described in section 381E(d)(2) of
                                                                                                       or natural gas vehicles and natural gas fuel-
                                               structure, propane fueling infrastructure, or                                                                  that Act (7 U.S.C. 2009d(d)(2)), $2,000,000,000.
                                                                                                       ing stations: Provided further, That not
                                               natural gas fueling infrastructure’’ after                                                                       For an additional amount for the cost of
                                                                                                       later’’.
                                               ‘‘charging infrastructure’’.                               On page 2650, line 22, insert ‘‘, biofuel fuel-     grants for rural water, wastewater, and
                                                  On page 2648, line 1, insert ‘‘, biofuel fuel-       ing infrastructure, hydrogen fueling infra-            waste disposal programs authorized by sec-
                                               ing infrastructure, hydrogen fueling infra-             structure, propane fueling infrastructure, or          tion 306 of the Consolidated Farm and Rural
                                               structure, propane fueling infrastructure, or           natural gas fueling infrastructure’’ before            Development        Act    (7     U.S.C.     1926),
                                               natural gas fueling infrastructure’’ after              ‘‘under’’.                                             $1,000,000,000, to remain available until ex-
                                               ‘‘charging infrastructure’’.                               On page 2650, line 24, insert ‘‘, biofuel fuel-     pended: Provided, That of the amount made
                                                  On page 2648, line 5, insert ‘‘, biofuel fuel-       ing infrastructure, hydrogen fueling infra-            available under this heading in this Act,
                                               ing infrastructure, hydrogen fueling infra-             structure, propane fueling infrastructure, or          $40,000,000 shall be for technical assistance
                                               structure, propane fueling infrastructure, or           natural gas fueling infrastructure’’ before            grants for rural water and waste systems
                                               natural gas fueling infrastructure’’ after ‘‘in-        ‘‘under’’.                                             pursuant to section 306(a)(14) of that Act (7
                                               frastructure’’.                                            On page 2651, line 6, insert ‘‘, biofuel fuel-      U.S.C. 1926(a)(14)): Provided further, That of
                                                  On page 2648, line 12, insert ‘‘, biofuel fuel-      ing infrastructure, hydrogen fueling infra-            the amounts made available under this head-
                                               ing infrastructure, hydrogen fueling infra-             structure, propane fueling infrastructure, or          ing in this Act, up to 3 percent may be avail-
                                               structure, propane fueling infrastructure, or           natural gas fueling infrastructure’’ after             able for administrative expenses: Provided
                                               natural gas fueling infrastructure’’ before             ‘‘charging infrastructure’’.                           further, That such funds shall be transferred
                                               the semicolon.                                             On page 2651, line 8, insert ‘‘, biofuel fuel-      to, and merged with, the appropriation for
                                                  On page 2648, line 14, insert ‘‘, biofuel fuel-      ing infrastructure, hydrogen fueling infra-            ‘‘Rural Development, Salaries and Ex-
                                               ing infrastructure, hydrogen fueling infra-             structure, propane fueling infrastructure, or          penses’’: Provided further, That such amount
                                               structure, propane fueling infrastructure, or           natural gas fueling infrastructure’’ before            is designated by the Congress as being for an
                                               natural gas fueling infrastructure’’ before             ‘‘locations’’.                                         emergency requirement pursuant to section
                                               the comma.                                                 On page 2651, line 12, insert ‘‘and biofuel,        251(b)(2)(A)(i) of the Balanced Budget and
                                                  On page 2648, line 22, insert ‘‘, biofuel fuel-      hydrogen, propane, and natural gas fueling’’           Emergency Deficit Control Act of 1985 (2
                                               ing infrastructure, hydrogen fueling infra-             after ‘‘charging’’.                                    U.S.C. 901(b)(2)(A)(i)).
                                               structure, propane fueling infrastructure, or              On page 2651, line 15, insert ‘‘, biofuel fuel-
                                               natural gas fueling infrastructure’’ after              ing infrastructure, hydrogen fueling infra-              SA 2606. Mrs. HYDE–SMITH sub-




SSpencer on DSK126QN23PROD with SENATE
                                               ‘‘charging infrastructure’’.                            structure, propane fueling infrastructure, or          mitted an amendment intended to be
                                                  On page 2649, line 7, insert ‘‘, biofuel fuel-       natural gas fueling infrastructure’’ before            proposed to amendment SA 2137 pro-
                                               ing infrastructure, hydrogen fueling infra-             ‘‘to support’’.                                        posed by Mr. SCHUMER (for Ms. SINEMA
                                               structure, propane fueling infrastructure, or              On page 2651, line 24, insert ‘‘, biofuel fuel-
                                               natural gas fueling infrastructure’’ after              ing infrastructure, hydrogen fueling infra-            (for  herself, Mr.   PORTMAN,    Mr.
                                               ‘‘charging infrastructure’’.                            structure, propane fueling infrastructure, or          MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
                                                  On page 2649, line 9, insert ‘‘, biofuel fuel-       natural gas fueling infrastructure’’ after             Ms. COLLINS, Mr. TESTER, Ms. MUR-
                                               ing infrastructure, hydrogen fueling infra-             ‘‘charging infrastructure’’.                           KOWSKI, Mr. WARNER, and Mr. ROMNEY))




                                         VerDate Sep 11 2014   07:25 Aug 06, 2021   Jkt 019060   PO 00000   Frm 00089   Fmt 0637   Sfmt 0634   E:\CR\FM\A05AU6.027   S05AUPT1
                                               S5980                                             CONGRESSIONAL RECORD — SENATE                                                           August 5, 2021
                                               to the bill H.R. 3684, to authorize funds               ters into a partnership under the program               way safety programs, and transit pro-
                                               for Federal-aid highways, highway                       may assist the Secretary in identifying, cat-           grams, and for other purposes; which
                                               safety programs, and transit programs,                  egorizing, and prioritizing orphaned and                was ordered to lie on the table; as fol-
                                                                                                       abandoned wells that are the greatest risk to
                                               and for other purposes; which was or-                                                                           lows:
                                                                                                       public health and safety on Federal land and
                                               dered to lie on the table; as follows:                  Tribal land.                                              On page 63, strike line 4 and insert the fol-
                                                 On page 1890, line 25, strike ‘‘$2,400,000,000’’                                                              lowing:
                                               and insert ‘‘$2,000,000,000’’.                            SA 2608. Ms. ERNST submitted an                       funds apportioned under section 104(b)(1).
                                                 On page 2014, between lines 10 and 11, insert         amendment intended to be proposed to                      ‘‘(l) TRUCK PARKING.—
                                               the following:                                                                                                    ‘‘(1) IN GENERAL.—To address the shortage
                                                                                                       amendment SA 2137 proposed by Mr.
                                               TITLE III—WATER RESOURCES PROJECTS                                                                              of parking for commercial motor vehicles,
                                                                                                       SCHUMER (for Ms. SINEMA (for herself,
                                               SEC. 50301. ENVIRONMENTAL INFRASTRUCTURE                                                                        for each fiscal year, a State shall use not less
                                                                                                       Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      than 0.7 percent of the amounts provided to
                                                           PROJECTS.
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    the State under section 104(b)(1) for that fis-
                                                 (a) IN GENERAL.—The Secretary of the
                                               Army shall provide design and construction              TESTER, Ms. MURKOWSKI, Mr. WARNER,                      cal year for projects eligible for funding
                                               assistance for environmental infrastructure             and Mr. ROMNEY)) to the bill H.R. 3684,                 under section 1401 of MAP–21 (23 U.S.C. 137
                                               projects authorized under section 219 of the            to authorize funds for Federal-aid high-                note; Public Law 112–141) to expand truck
                                               Water Resources Development Act of 1992                 ways, highway safety programs, and                      parking capacity.
                                               (Public Law 102–580; 106 Stat. 4835).                   transit programs, and for other pur-                      ‘‘(2) WAIVER.—The Secretary may waive
                                                 (b) AUTHORIZATION OF APPROPRIATIONS.—                                                                         the requirement under paragraph (1), in
                                                                                                       poses; which was ordered to lie on the
                                               There is authorized to be appropriated to                                                                       whole or in part, with respect to a State for
                                                                                                       table; as follows:                                      a fiscal year if the State demonstrates to the
                                               carry out this section $400,000,000 for fiscal
                                               year 2022, to remain available until ex-                  At the appropriate place, insert the fol-             satisfaction of the Secretary that the State
                                               pended.                                                 lowing:                                                 has met the commercial motor vehicle park-
                                                 On page 2496, between lines 2 and 3, insert           SEC.    lllll. DISCLOSURE REQUIREMENTS                  ing needs of the State.’’.
                                               the following:                                                     FOR RECIPIENTS OF FUNDS FROM
                                                                                                                  THE DEPARTMENT OF ENERGY.                      SA 2610. Mr. OSSOFF (for himself
                                                      ENVIRONMENTAL INFRASTRUCTURE
                                                                                                         An awardee or subawardee carrying out an              and Mr. WHITEHOUSE) submitted an
                                                  For an additional amount for design and              award or subaward or project that is, in
                                               construction assistance for environmental               whole or in part, carried out using funds pro-
                                                                                                                                                               amendment intended to be proposed to
                                               infrastructure projects authorized under sec-           vided by the Department of Energy shall                 amendment SA 2137 proposed by Mr.
                                               tion 219 of the Water Resources Development             clearly state, to the extent possible, in any           SCHUMER (for Ms. SINEMA (for herself,
                                               Act of 1992 (Public Law 102–580; 106 Stat.              statement, press release, request for pro-              Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               4835), $400,000,000 for fiscal year 2022, to re-        posals, bid solicitation, or other document             SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               main available until expended: Provided,                describing the award or subaward or project,            TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               That such amount is designated by the Con-              other than a communication containing not
                                               gress as being for an emergency requirement
                                                                                                                                                               and Mr. ROMNEY)) to the bill H.R. 3684,
                                                                                                       more than 280 characters—                               to authorize funds for Federal-aid high-
                                               pursuant to section 4112(a) of H. Con. Res. 71            (1) the percentage of the total costs of the
                                               (115th Congress), the concurrent resolution             award or subaward or project that will be fi-
                                                                                                                                                               ways, highway safety programs, and
                                               on the budget for fiscal year 2018, and to sec-         nanced with funds provided by the Depart-               transit programs, and for other pur-
                                               tion 251(b) of the Balanced Budget and Emer-            ment of Energy;                                         poses; which was ordered to lie on the
                                               gency Deficit Control Act of 1985.                        (2) the dollar amount of the funds provided           table; as follows:
                                                  On     page       2583,   line     22,     strike    by the Department of Energy made available                On page 202, strike line 5 and insert the fol-
                                               ‘‘$55,426,000,000’’ and insert ‘‘$55,026,000,000’’.     for the award or subaward or project; and               lowing:
                                                  On     page       2585,   line     24,     strike                                                              (2) in subsection (l)—
                                                                                                         (3) whether the activities funded by the
                                               ‘‘$11,713,000,000’’ and insert ‘‘$11,313,000,000’’.                                                               (A) by striking paragraph (2);
                                                                                                       award or subaward or project will be fi-
                                                  On page 2586, line 2, strike ‘‘$1,902,000,000’’                                                                (B) by striking the subsection designation
                                                                                                       nanced by nongovernmental sources.
                                               and insert ‘‘$1,502,000,000’’.                                                                                  and all that follows through ‘‘In deter-
                                                                                                       SEC.      lllll. DISCLOSURE REQUIREMENTS
                                                                                                                     FOR RECIPIENTS OF FUNDS FROM              mining’’ in paragraph (1) in the matter pre-
                                                 SA 2607. Mrs. HYDE-SMITH sub-                                       THE DEPARTMENT OF TRANSPOR-               ceding subparagraph (A) and inserting the
                                               mitted an amendment intended to be                                    TATION.                                   following:
                                               proposed to amendment SA 2137 pro-                           (a) IN GENERAL.—A grantee or subgrantee              ‘‘(l) ACCOMMODATING UTILITY FACILITIES IN
                                               posed by Mr. SCHUMER (for Ms. SINEMA                    carrying out a program, project, or activity            THE RIGHT-OF-WAY.—
                                               (for   herself,   Mr.    PORTMAN,      Mr.              that is, in whole or in part, carried out using           ‘‘(1) DEFINITIONS.—In this subsection:
                                               MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,                     funds provided by the Department of Trans-                ‘‘(A) FEDERAL LAND.—The term ‘Federal
                                               Ms. COLLINS, Mr. TESTER, Ms. MUR-                       portation shall clearly state, to the extent            land’ means any land or interest in land
                                                                                                       possible, in any statement, press release, re-          owned by the United States.
                                               KOWSKI, Mr. WARNER, and Mr. ROMNEY))
                                                                                                       quest for proposals, bid solicitation, or other           ‘‘(B) INDIAN LAND.—The term ‘Indian land’
                                               to the bill H.R. 3684, to authorize funds               document describing the program, project, or            means—
                                               for Federal-aid highways, highway                       activity, other than a communication con-                 ‘‘(i) land located within the boundaries of—
                                               safety programs, and transit programs,                  taining not more than 280 characters—                     ‘‘(I) an Indian reservation, pueblo, or
                                               and for other purposes; which was or-                     (1) the percentage of the total costs of the          rancheria; or
                                               dered to lie on the table; as follows:                  program, project, or activity that will be fi-            ‘‘(II) a former reservation within Okla-
                                                 At the end of title VIII of division D, add           nanced with funds provided by the Depart-               homa; and
                                               the following:                                          ment of Transportation under this Act;                    ‘‘(ii) land not located within the bound-
                                               SEC. 408lll. PILOT PROGRAM ON FEDERAL                     (2) the dollar amount of the funds provided           aries of an Indian reservation, pueblo, or
                                                          LAND DATA AND ANALYSIS CONSOR-               by the Department of Transportation under               rancheria—
                                                          TIUM.                                        this Act made available for the program,                  ‘‘(I) the title to which is held in trust by
                                                 (a) IN GENERAL.—Not later than 120 days               project, or activity; and                               the United States for the benefit of an Indian
                                               after the date of enactment of this Act, the              (3) the percentage of the total costs of, and         Tribe or an individual Indian;
                                               Secretary of the Interior (referred to in this          dollar amount for, the program, project, or               ‘‘(II) the title to which is held by an Indian
                                               section as the ‘‘Secretary’’), in partnership           activity that will be financed by non-Federal           Tribe or an individual Indian, subject to re-
                                               with eligible partners described in sub-                sources.                                                striction against alienation under laws of
                                               section (b), shall carry out a pilot program              (b) APPLICATION.—This section shall not               the United States; or
                                               (referred to in this section as the ‘‘program’’)        apply to awards of Federal funds less than                ‘‘(III) the title to which is held by a de-
                                               to develop a Federal Land Data and Analysis             $50,000.                                                pendent Indian community.
                                               Consortium for Orphaned and Abandoned                                                                             ‘‘(C) RIGHT-OF-WAY.—The term ‘right-of-
                                               Wells.                                                    SA 2609. Mr. KELLY (for himself and                   way’ means any real property, or interest
                                                 (b) ELIGIBLE PARTNERS.—An eligible part-              Ms. LUMMIS) submitted an amendment                      therein, acquired, dedicated, or reserved for
                                               ner referred to in subsection (a) is an institu-        intended to be proposed to amendment                    the construction, operation, and mainte-




SSpencer on DSK126QN23PROD with SENATE
                                               tion of higher education or a private sector            SA 2137 proposed by Mr. SCHUMER (for                    nance of a highway.
                                               partner that has demonstrated research ca-              Ms. SINEMA (for herself, Mr. PORTMAN,                     ‘‘(D) UTILITY FACILITY.—
                                               pabilities in the area of remote sensing,                                                                         ‘‘(i) IN GENERAL.—The term ‘utility facil-
                                                                                                       Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
                                               mesh networking, data visualization moni-                                                                       ity’ means any privately, publicly, or coop-
                                                                                                       HEEN, Ms. COLLINS, Mr. TESTER, Ms.                      eratively owned line, facility, or system for
                                               toring, machine learning or artificial intel-
                                               ligence, data capture, or data analysis.                MURKOWSKI, Mr. WARNER, and Mr. ROM-                     producing, transmitting, or distributing
                                                 (c) AUTHORIZED ACTIVITIES.—Eligible part-             NEY)) to the bill H.R. 3684, to authorize               communications, power, electricity, light,
                                               ners with respect to which the Secretary en-            funds for Federal-aid highways, high-                   heat, gas, water, steam, waste, storm water




                                         VerDate Sep 11 2014   06:40 Aug 06, 2021   Jkt 019060   PO 00000    Frm 00090   Fmt 0637   Sfmt 0634   E:\CR\FM\A05AU6.043   S05AUPT1
                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                       S5981
                                               not connected with highway drainage, or any             ways, highway safety programs, and                         (b) LIMITATION ON INCREASES.—
                                               other similar commodity, including any fire             transit programs, and for other pur-                       (1) LIMITATION.—
                                               or police signal system or street lighting              poses; which was ordered to lie on the                     (A) IN GENERAL.—During the 5-year period
                                               system, that directly or indirectly serves the                                                                   beginning on the date of enactment of this
                                                                                                       table; as follows:
                                               public.                                                                                                          Act, notwithstanding section 1308(e) of the
                                                  ‘‘(ii) INCLUSIONS.—The term ‘utility facil-            On page 1612, between lines 15 and 16, insert          National Flood Insurance Act of 1968 (42
                                               ity’ includes—                                          the following:                                           U.S.C. 4015(e)), and subject to subparagraph
                                                  ‘‘(I) a renewable energy generation facil-             (H) Wind.                                              (B), the Administrator may not, in any year,
                                               ity;                                                                                                             increase the amount of any covered cost by
                                                                                                         SA 2613. Mr. VAN HOLLEN (for him-
                                                  ‘‘(II) electrical transmission and distribu-                                                                  an amount that is more than 9 percent, as
                                               tion infrastructure; and
                                                                                                       self, Mr. CARDIN, Mr. KAINE, Mr. WAR-                    compared with the amount of the covered
                                                  ‘‘(III) broadband infrastructure and con-            NER, Mr. REED, Ms. WARREN, and Ms.                       cost during the previous year, except where
                                               duit.                                                   HIRONO) submitted an amendment in-                       the increase in the covered cost relates to an
                                                  ‘‘(2) ACCOMMODATION.—In determining’’;               tended to be proposed to amendment                       exception under paragraph (1)(C)(iii) of such
                                               and                                                     SA 2137 proposed by Mr. SCHUMER (for                     section 1308(e).
                                                  (C) by adding at the end the following:              Ms. SINEMA (for herself, Mr. PORTMAN,                      (B) DECREASE OF AMOUNT OF DEDUCTIBLE OR
                                                  ‘‘(3) STATE APPROVAL.—A State, on behalf             Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-                      INCREASE IN AMOUNT OF COVERAGE.—In the
                                               of the Secretary, may approve accommo-                  HEEN, Ms. COLLINS, Mr. TESTER, Ms.                       case of a policyholder described in section
                                               dating a utility facility described in para-                                                                     1308(e)(1)(C)(ii) of the National Flood Insur-
                                               graph (1)(D)(ii) within a right-of-way on a
                                                                                                       MURKOWSKI, Mr. WARNER, and Mr. ROM-                      ance Act of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)),
                                               Federal-aid highway.                                    NEY)) to the bill H.R. 3684, to authorize                the Administrator shall establish a process
                                                  ‘‘(4) LIMITATIONS.—Paragraph (3) shall not           funds for Federal-aid highways, high-                    by which the Administrator determines an
                                               apply to—                                               way safety programs, and transit pro-                    increase in covered costs for the policyholder
                                                  ‘‘(A) a utility facility on Indian land; or          grams, and for other purposes; which                     that is—
                                                  ‘‘(B) a utility facility on Federal land,            was ordered to lie on the table; as fol-                   (i) proportional to the relative change in
                                               other than for the purpose of deployment of             lows:                                                    risk based on the action taken by the policy-
                                               broadband infrastructure located within a                 On page 1152, strike lines 4 through 7 and             holder; and
                                               right-of-way available to a State.                      insert the following:                                      (ii) in compliance with subparagraph (A).
                                                  ‘‘(5) SAVINGS PROVISION.—Nothing in this               ‘‘(A) IN GENERAL.—The Director may, with-                (2) NEW RATING SYSTEMS.—
                                               subsection alters or affects any prohibition            out regard to any provision of title 5 gov-                (A) CLASSIFICATION.—With respect to a
                                               relating to commercial activity under sec-              erning the appointment of employees in the               property, the limitation under paragraph (1)
                                               tion 111(a).’’;                                         civil service—                                           shall remain in effect for each year until the
                                                  (3) in subsection (o)—                                 ‘‘(i) appoint a total of not more than 140             covered costs with respect to the property
                                                  On page 202, line 23, strike ‘‘(3)’’ and insert      scientific and engineering personnel to posi-            reflect full actuarial rates, without regard to
                                               ‘‘(4)’’.                                                tions in ARPA–I, in order to facilitate the              whether, at any time until the year in which
                                                  On page 203, strike line 17 and insert the           recruitment of eminent experts to support                those covered costs reflect full actuarial
                                               following:                                              the goals described in subsection (c);                   rates, the property is rated or classified
                                               the project is located on a Federal-aid high-             On page 1152, lines 11 and 12, strike ‘‘, with-        under the Risk Rating 2.0 methodology (or
                                               way.                                                    out regard to the civil service laws’’.                  any substantially similar methodology).
                                                  ‘‘(t) VEGETATION MANAGEMENT.—States are                                                                         (B) NEW POLICYHOLDER.—If a property to
                                               encouraged to implement, or to enter into                 SA 2614. Mr. MENENDEZ (for him-                        which the limitation under paragraph (1) ap-
                                               partnerships to implement, vegetation man-                                                                       plies is sold before the covered costs for the
                                                                                                       self, Mr. KENNEDY, Mrs. HYDE-SMITH,                      property reflect full actuarial rates deter-
                                               agement practices, such as increased mowing             Mr. CASSIDY, and Mr. RUBIO) submitted
                                               heights and planting native grasses and pol-                                                                     mined under the Risk Rating 2.0 method-
                                                                                                       an amendment intended to be proposed                     ology (or any substantially similar method-
                                               linator-friendly habitats, along a right-of-
                                               way on a Federal-aid highway, if the imple-             to amendment SA 2137 proposed by Mr.                     ology), that limitation shall remain in effect
                                               mentation of those practices—                           SCHUMER (for Ms. SINEMA (for herself,                    for each year until the year in which those
                                                  ‘‘(1) is in the public interest; and                 Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                       full actuarial rates takes effect.
                                                  ‘‘(2) will not impair the highway or inter-          SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                       (c) RULE OF CONSTRUCTION.—Nothing in
                                                                                                                                                                subsection (b) may be construed as prohib-
                                               fere with the free and safe flow of traffic.’’.         TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                                                                                                                                iting the Administrator from reducing, in
                                                                                                       and Mr. ROMNEY)) to the bill H.R. 3684,                  any year, the amount of any covered cost, as
                                                 SA 2611. Mr. HEINRICH submitted an                    to authorize funds for Federal-aid high-                 compared with the amount of the covered
                                               amendment intended to be proposed to                    ways, highway safety programs, and                       cost during the previous year.
                                               amendment SA 2137 proposed by Mr.                       transit programs, and for other pur-                       (d) AVERAGE HISTORICAL LOSS YEAR.—Sec-
                                               SCHUMER (for Ms. SINEMA (for herself,                   poses; which was ordered to lie on the                   tion 1308 of the National Flood Insurance Act
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      table; as follows:                                       of 1968 (42 U.S.C. 4015) is amended by striking
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                      At the appropriate place, insert the fol-              subsection (h) and inserting the following:
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                      lowing:                                                    ‘‘(h) RULE OF CONSTRUCTION.—For purposes
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 SEC.    lll.    CAP ON ANNUAL PREMIUM              IN-
                                                                                                                                                                of this section, the calculation of an ‘average
                                               to authorize funds for Federal-aid high-                              CREASES.                                   historical loss year’ shall be computed in ac-
                                                                                                            (a) DEFINITIONS.—In this section—                   cordance with generally accepted actuarial
                                               ways, highway safety programs, and
                                                                                                         (1) the term ‘‘Administrator’’ means the               principles.’’.
                                               transit programs, and for other pur-                                                                               (e) DISCLOSURE WITH RESPECT TO THE AF-
                                               poses; which was ordered to lie on the                  Administrator of the Federal Emergency
                                                                                                       Management Agency; and                                   FORDABILITY STANDARD.—Section 1308(j) of
                                               table; as follows:                                        (2) the term ‘‘covered cost’’—                         the National Flood Insurance Act of 1968 (42
                                                 At the end of title XII of division D, add              (A) means—                                             U.S.C. 4015(j)) is amended, in the second sen-
                                               the following:                                            (i) the amount of an annual premium with               tence, by inserting ‘‘and shall include in the
                                               SEC. 412lll. HISTORIC PRESERVATION FUND.                respect to any policy for flood insurance                report the number of those exceptions as of
                                                  Section 303102 of title 54, United States            under the National Flood Insurance Pro-                  the date on which the Administrator submits
                                               Code, is amended by—                                    gram;                                                    the report and the location of each policy-
                                                  (1) striking ‘‘of fiscal years 2012 to 2023’’          (ii) any surcharge imposed with respect to             holder insured under those exceptions, orga-
                                               and inserting ‘‘fiscal year’’; and                      a policy described in clause (i) (other than a           nized by county and State’’ after ‘‘of the
                                                  (2) striking ‘‘$150,000,000’’ and inserting          surcharge imposed under section 1304(b) of               Senate’’.
                                               ‘‘$300,000,000’’.                                       the National Flood Insurance Act of 1968 (42             SEC.   lll. MEANS TESTED AFFORDABILITY
                                                                                                       U.S.C. 4011(b))), including a surcharge im-                        VOUCHER.
                                                 SA 2612. Mr. BENNET (for himself                      posed under section 1308A(a) of that Act (42              (a) IN GENERAL.—Chapter I of the National
                                               and Mr. HICKENLOOPER) submitted an                      U.S.C. 4015a(a)); and                                    Flood Insurance Act of 1968 (42 U.S.C. 4011 et
                                               amendment intended to be proposed to                      (iii) a fee described in paragraph (1)(B)(iii)         seq.) is amended by adding at the end the fol-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       or (2) of section 1307(a) of the National Flood          lowing:
                                               amendment SA 2137 proposed by Mr.
                                                                                                       Insurance Act of 1968 (42 U.S.C. 4014(a)); and           ‘‘SEC. 1326. AFFORDABILITY ASSISTANCE.
                                               SCHUMER (for Ms. SINEMA (for herself,
                                                                                                         (B) does not include any cost associated                  ‘‘(a) AFFORDABILITY ASSISTANCE FUND.—
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                                                                       with the purchase of insurance under section                ‘‘(1) ESTABLISHMENT.—The Administrator
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    1304(b) of the National Flood Insurance Act              shall establish in the Treasury of the United
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                      of 1968 (42 U.S.C. 4011(b)), including any sur-          States an Affordability Assistance Fund (re-
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 charge that relates to insurance purchased               ferred to in this section as the ‘Fund’), which
                                               to authorize funds for Federal-aid high-                under such section 1304(b).                              shall be—




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                                               S5982                                             CONGRESSIONAL RECORD — SENATE                                                        August 5, 2021
                                                 ‘‘(A) an account separate from any other              that refinance debts that existed before the           mitted an amendment intended to be
                                               accounts or funds available to the Adminis-             date of enactment of this Act.                         proposed to amendment SA 2137 pro-
                                               trator; and                                               (b) USE OF SAVED AMOUNTS.—There shall be
                                                                                                                                                              posed by Mr. SCHUMER (for Ms. SINEMA
                                                 ‘‘(B) available without fiscal year limita-           deposited into the National Flood Mitigation
                                                                                                       Fund an amount equal to the interest that              (for   herself,   Mr.    PORTMAN,      Mr.
                                               tion.
                                                 ‘‘(2) USE OF FUNDS.—Amounts from the                  would have accrued on the borrowed                     MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
                                               Fund shall be available to provide financial            amounts during the 5-year period described             Ms. COLLINS, Mr. TESTER, Ms. MUR-
                                               assistance under subsection (b).                        in subsection (a) at the time at which those           KOWSKI, Mr. WARNER, and Mr. ROMNEY))
                                                 ‘‘(b) FINANCIAL ASSISTANCE.—                          interest payments would have otherwise                 to the bill H.R. 3684, to authorize funds
                                                 ‘‘(1) DEFINITIONS.—In this subsection—                been paid, which, notwithstanding any provi-           for Federal-aid highways, highway
                                                 ‘‘(A) the term ‘adjusted gross income’ has            sion of section 1367 of the National Flood In-         safety programs, and transit programs,
                                               the meaning given the term in section 62 of             surance Act of 1968 (42 U.S.C. 4104d), the Ad-         and for other purposes; which was or-
                                               the Internal Revenue Code of 1986;                      ministrator shall use to carry out the pro-
                                                                                                       gram established under section 1366 of the
                                                                                                                                                              dered to lie on the table; as follows:
                                                 ‘‘(B) the term ‘eligible household’ means a
                                                                                                       National Flood Insurance Act of 1968 (42                 On page 2437, strike lines 9 through 18 and
                                               household—
                                                                                                       U.S.C. 4104c).                                         insert the following:
                                                 ‘‘(i) for which housing expenses exceed 30                                                                     (d) RULES OF CONSTRUCTION.—
                                               percent of the adjusted gross income of the               (c) NO RETROACTIVE ACCRUAL.—After the 5-
                                                                                                       year period described in subsection (a), the             (1) DEFINITION OF BROKER.—Nothing in this
                                               household in a year; and                                                                                       section or the amendments made by this sec-
                                                 ‘‘(ii)(I) for which the total assets owned by         Secretary of the Treasury shall not require
                                                                                                       the Administrator to repay any interest                tion shall be construed to create any infer-
                                               the household are in an amount that is not                                                                     ence that a person described in section
                                               greater than 220 percent of the median                  that, but for that subsection, would have ac-
                                                                                                       crued on the borrowed amounts described in             6045(c)(1)(D) of the Internal Revenue Code of
                                               household income for the State in which the                                                                    1986, as added by this section, includes any
                                               household is located; or                                that subsection during that 5-year period.
                                                                                                                                                              person solely engaged in the business of—
                                                 ‘‘(II) that has a total household income                SA 2615. Mr. KELLY (for himself and                    (A) validating distributed ledger trans-
                                               that is not greater than 120 percent of the                                                                    actions through proof of work (mining), or
                                               area median income for the area in which
                                                                                                       Ms. LUMMIS) submitted an amendment
                                                                                                       intended to be proposed to amendment                     (B) selling hardware or software the sole
                                               the household is located; and                                                                                  function of which is to permit persons to
                                                 ‘‘(C) the term ‘housing expenses’ means,              SA 2137 proposed by Mr. SCHUMER (for
                                                                                                                                                              control a private key (used for accessing dig-
                                               with respect to a household, the total                  Ms. SINEMA (for herself, Mr. PORTMAN,                  ital assets on a distributed ledger).
                                               amount that the household spends in a year              Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-                      (2) BROKERS AND TREATMENT OF DIGITAL AS-
                                               on—                                                     HEEN, Ms. COLLINS, Mr. TESTER, Ms.                     SETS.—Nothing in this section or the amend-
                                                 ‘‘(i) mortgage payments;                              MURKOWSKI, Mr. WARNER, and Mr. ROM-                    ments made by this section shall be con-
                                                 ‘‘(ii) property taxes;                                NEY)) to the bill H.R. 3684, to authorize              strued to create any inference, for any period
                                                 ‘‘(iii) homeowners insurance; and                                                                            prior to the effective date of such amend-
                                                                                                       funds for Federal-aid highways, high-
                                                 ‘‘(iv) premiums for flood insurance under                                                                    ments, with respect to—
                                               the national flood insurance program.
                                                                                                       way safety programs, and transit pro-
                                                                                                       grams, and for other purposes; which                     (A) whether any person is a broker under
                                                 ‘‘(2) AUTHORITY.—                                                                                            section 6045(c)(1) of the Internal Revenue
                                                 ‘‘(A) OTHER FINANCIAL ASSISTANCE.—The                 was ordered to lie on the table; as fol-
                                                                                                                                                              Code of 1986, or
                                               Administrator shall provide a voucher,                  lows:                                                    (B) whether any digital asset is property
                                               grant, or premium credit to an eligible                   On page 63, strike line 4 and insert the fol-        which is a specified security under section
                                               household for a year in an amount that, sub-            lowing:                                                6045(g)(3)(B) of such Code.
                                               ject to subparagraph (B), is equal to the less-         funds apportioned under section 104(b)(1).
                                               er of—                                                    ‘‘(l) TRUCK PARKING.—                                  SA 2618. Mr. INHOFE submitted an
                                                 ‘‘(i) the difference between—                           ‘‘(1) IN GENERAL.—0.7 percent of the                 amendment intended to be proposed to
                                                 ‘‘(I) the housing expenses of the household           amounts provided to each State under sec-
                                                                                                                                                              amendment SA 2137 proposed by Mr.
                                               for the year; and                                       tion 104(b)(1) for each fiscal year shall be re-
                                                 ‘‘(II) 30 percent of the adjusted gross in-           served for projects eligible for funding under         SCHUMER (for Ms. SINEMA (for herself,
                                               come of the household for the year; and                 section 1401 of MAP–21 (23 U.S.C. 137 note;            Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                 ‘‘(ii) the cost of premiums for the house-            Public Law 112–141) to create, expand, or im-          SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               hold for flood insurance under the national             prove truck parking capacity.                          TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               flood insurance program for the year.                     ‘‘(2) WAIVER.—The Secretary may waive                and Mr. ROMNEY)) to the bill H.R. 3684,
                                                 ‘‘(B) REDUCTION.—The amount of the as-                the requirement under paragraph (1), in                to authorize funds for Federal-aid high-
                                               sistance provided under subparagraph (A) to             whole or in part, with respect to a State for          ways, highway safety programs, and
                                               an eligible household shall be reduced by 1             a fiscal year if the State demonstrates to the         transit programs, and for other pur-
                                               percent for each percent that the income of             satisfaction of the Secretary that the State
                                                                                                                                                              poses; which was ordered to lie on the
                                               the eligible household exceeds 120 percent of           has met the commercial motor vehicle park-
                                               the median household income for the State               ing needs of the State.’’.                             table; as follows:
                                               in which the property that is the subject of                                                                     At the end of subtitle E of title I of divi-
                                               the assistance is located.                                SA 2616. Ms. KLOBUCHAR (for her-                     sion A, add the following:
                                                 ‘‘(3) RELATIONSHIPS WITH OTHER AGENCIES.—             self and Mr. RISCH) submitted an                       SEC. 115ll. DRY BULK WEIGHT TOLERANCE.
                                               The Administrator may enter into a memo-                amendment intended to be proposed to                     Section 127 of title 23, United States Code
                                               randum of understanding with the head of                amendment SA 2137 proposed by Mr.                      (as amended by section 11515(2)), is amended
                                               any other Federal agency to administer                                                                         by adding at the end the following:
                                                                                                       SCHUMER (for Ms. SINEMA (for herself,                    ‘‘(x) DRY BULK WEIGHT TOLERANCE.—
                                               paragraph (2)(A).’’.                                    Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                                 (b) DIRECT APPROPRIATION.—Out of any                                                                           ‘‘(1) DEFINITION OF DRY BULK GOODS.—In
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                   this subsection, the term ‘dry bulk goods’
                                               money in the Treasury not otherwise appro-
                                               priated, there is appropriated to the Afford-           TESTER, Ms. MURKOWSKI, Mr. WARNER,                     means any homogeneous unmarked non-
                                               ability Assistance Fund established under               and Mr. ROMNEY)) to the bill H.R. 3684,                liquid cargo being transported in a trailer
                                               section 1326 of the National Flood Insurance            to authorize funds for Federal-aid high-               specifically designed for that purpose.
                                               Act of 1968, as added by subsection (a) of this         ways, highway safety programs, and                       ‘‘(2) WEIGHT TOLERANCE.—Notwithstanding
                                               section, $800,000,000 for each of fiscal years          transit programs, and for other pur-                   any other provision of this section, except
                                               2022 through 2025 to provide financial assist-                                                                 for the maximum gross vehicle weight limi-
                                                                                                       poses; which was ordered to lie on the                 tation, a commercial motor vehicle trans-
                                               ance under subsection (b) of such section
                                               1326.                                                   table; as follows:                                     porting dry bulk goods may not exceed 110
                                               SEC. lll. FORBEARANCE ON NFIP INTEREST                     On page 80, strike lines 11 and 12 and insert       percent of the maximum weight on any axle
                                                          PAYMENTS.                                    the following:                                         or axle group described in subsection (a), in-
                                                 (a) IN GENERAL.—During the 5-year period              ignated under section 167(e).’’;                       cluding any enforcement tolerance.’’.
                                               beginning on the date of enactment of this                 (7) in subsection (h)(5)(A), by striking ‘‘the
                                               Act, the Secretary of the Treasury may not              amount of the funds apportioned to the                   SA 2619. Mr. WYDEN (for himself,
                                                                                                       State for fiscal year 2009 under section




SSpencer on DSK126QN23PROD with SENATE
                                               charge the Administrator of the Federal                                                                        Ms. LUMMIS, and Mr. TOOMEY) sub-
                                               Emergency Management Agency (referred to                104(h)(2), as in effect on the day before the          mitted an amendment intended to be
                                               in this section as the ‘‘Administrator’’) in-           date of enactment of MAP–21,’’ and inserting           proposed to amendment SA 2137 pro-
                                               terest on amounts borrowed by the Adminis-              ‘‘9 percent of the amount reserved under this
                                                                                                       subsection’’; and
                                                                                                                                                              posed by Mr. SCHUMER (for Ms. SINEMA
                                               trator under section 1309(a) of the National
                                               Flood Insurance Act of 1968 (42 U.S.C. 4016(a))            (8) by adding at the end the following:             (for  herself, Mr.   PORTMAN,    Mr.
                                               that were outstanding as of the date of en-                                                                    MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
                                               actment of this Act, including amounts bor-              SA 2617. Mr. WARNER (for himself,                     Ms. COLLINS, Mr. TESTER, Ms. MUR-
                                               rowed after the date of enactment of this Act           Mr. PORTMAN, and Ms. SINEMA) sub-                      KOWSKI, Mr. WARNER, and Mr. ROMNEY))




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                       S5983
                                               to the bill H.R. 3684, to authorize funds                  ‘‘(4)(A) is in compliance with all applicable       sector, with preference given to non-Federal
                                               for Federal-aid highways, highway                       Federal, Tribal, and State requirements; or            stakeholders from high-risk States and high-
                                               safety programs, and transit programs,                     ‘‘(B) would be constructed or brought into          risk Indian tribal governments.
                                                                                                       compliance with the requirements described                (2) STATE AND INDIAN TRIBAL GOVERNMENT
                                               and for other purposes; which was or-
                                                                                                       in subparagraph (A) as a result of the capital         LIMITATION.—Each member of the Commis-
                                               dered to lie on the table; as follows:                  improvements or investment carried out                 sion appointed under clauses (i) and (ii) of
                                                 On page 2437, strike lines 9 through 18 and           using an incentive payment under this sec-             paragraph (1)(C) shall represent a different
                                               insert the following:                                   tion.                                                  State or Indian tribal government.
                                                 (d) RULE OF CONSTRUCTION.—                               On page 1593, line 15, insert ‘‘subject to             On page 2410, line 10, strike ‘‘project
                                                 (1) DEFINITION OF BROKER.—Nothing in this             subsection (c),’’ before ‘‘environmental’’.            which’’ and insert ‘‘project’’.
                                               section or the amendments made by this sec-                On page 1594, between lines 8 and 9, insert            On page 2410, line 11, insert ‘‘which’’ before
                                               tion shall be construed to create any infer-            the following:                                         ‘‘is’’.
                                               ence that a person described in section                    ‘‘(c) CONDITION.—Incentive payments may                On page 2410, line 17, strike ‘‘and’’.
                                               6045(c)(1)(D) of the Internal Revenue Code of           only be made for environmental improve-                   Beginning on page 2410, strike line 18 and
                                               1986, as added by this section, includes any            ments under subsection (b)(3) on the condi-            all that follows through page 2411, line 2, and
                                               person solely engaged in the business of—               tion that the improvements, including any              insert the following:
                                                 (A) validating distributed ledger trans-              related physical or operational changes,                  (B) which results in internet access
                                               actions,                                                have been authorized under applicable Fed-             which—
                                                 (B) selling hardware or software for which            eral, State, and Tribal permitting or licens-             (i) is provided at speeds not less than 100
                                               the sole function is to permit a person to              ing processes that include appropriate miti-           megabits per second for downloads and 20
                                               control private keys which are used for ac-             gation conditions arising from consultation            megabits per second for uploads; and
                                               cessing digital assets on a distributed ledger,         and environmental review under the proc-                  (ii) is provided to residential households;
                                               or                                                      esses.                                                 and
                                                 (C) developing digital assets or their cor-              On page 1594, line 9, strike ‘‘(c)’’ and insert        (C) under which not less than 90 percent of
                                               responding protocols for use by other per-              ‘‘(d)’’.                                               the residential households and commercial
                                               sons, provided that such other persons are                 On page 1594, line 18, strike ‘‘(d)’’ and in-       locations provided internet access are house-
                                               not customers of the person developing such             sert ‘‘(e)’’.                                          holds and locations where, before the
                                               assets or protocols.                                       In section 40541(a) of division D, strike           project, a broadband service provider—
                                                 (2) BROKERS AND TREATMENT OF DIGITAL AS-              paragraph (7) and insert the following:                   In the eighth proviso under the heading
                                               SETS.—Nothing in this section or the amend-
                                                                                                          (7) NONPROFIT ORGANIZATION.—The term                ‘‘DISTANCE LEARNING, TELEMEDICINE, AND
                                               ments made by this section shall be con-                ‘‘nonprofit organization’’ means—                      BROADBAND PROGRAM’’ under the heading
                                               strued to create any inference, for any period             (A) an organization described in section            ‘‘RURAL UTILITIES SERVICE’’ under the head-
                                               prior to the effective date of such amend-              501(c)(3) of the Internal Revenue Code of 1986         ing ‘‘RURAL DEVELOPMENT PROGRAMS’’
                                               ments, with respect to—                                 that is exempt from tax under section 501(a)           under the heading ‘‘DEPARTMENT OF AG-
                                                 (A) whether any person is a broker under              of such Code;                                          RICULTURE’’ in title I of division J, strike
                                               section 6045(c)(1) of the Internal Revenue                 (B) a mutual or cooperative electric com-           ‘‘electric cooperatives’’ and insert ‘‘pole
                                               Code of 1986, or                                        pany described in section 501(c)(12) of such           owners’’.
                                                 (B) whether any digital asset is property             Code that is exempt from tax under section                On page 2467, line 2, insert a comma after
                                               which is a specified security under section             501(a) of such Code; or                                ‘‘Corporations’’.
                                               6045(g)(3)(B) of such Code.                                (C) an organization which is engaged in                On page 2474, line 8, insert ‘‘until’’ after
                                                                     ---                               furnishing electric energy described in sec-           ‘‘available’’.
                                                 SA 2620. Ms. SINEMA submitted an                      tion 1381(a)(2)(C) of such Code.                          On page 2478, line 25, strike ‘‘an institu-
                                                                                                          On page 2195, strike lines 3 through 14 and         tion’’ and insert ‘‘institutions’’.
                                               amendment intended to be proposed to                    insert the following:
                                               amendment SA 2137 proposed by Mr.                                                                                 On page 2479, line 1, strike ‘‘non-profit,’’
                                                                                                          (F) the Committee on Indian Affairs of the          and insert ‘‘non-profit or’’.
                                               SCHUMER (for Ms. SINEMA (for herself,                   Senate;                                                   On page 2552, strike lines 17 through 20 and
                                               Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                         (G) the Committee on Natural Resources of           insert the following:
                                               SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                    the House of Representatives;                          made available in fiscal years 2022 through
                                               TESTER, Ms. MURKOWSKI, Mr. WARNER,                         (H) the Committee on Agriculture of the             2026 under this paragraph
                                               and Mr. ROMNEY)) to the bill H.R. 3684,                 House of Representatives;                                 On page 2572, lines 3 and 4, strike ‘‘salaries,
                                               to authorize funds for Federal-aid high-                   (I) the Committee on Homeland Security              expenses, and’’.
                                                                                                       of the House of Representatives;                          On page 2585, line 6, strike ‘‘three’’ and in-
                                               ways, highway safety programs, and                         (J) the Committee on Appropriations of              sert ‘‘four’’.
                                               transit programs, and for other pur-                    the House of Representatives;                             On page 2587, line 3, strike ‘‘three’’ and in-
                                               poses; which was ordered to lie on the                     (K) the Committee on Ways and Means of              sert ‘‘four’’.
                                               table; as follows:                                      the House of Representatives; and                         On page 2589, line 2, strike ‘‘three’’ and in-
                                                  On page 125, line 8, insert a semicolon at              (L) the Committee on Natural Resources of           sert ‘‘four’’.
                                               the end.                                                the House of Representatives.                             On page 2590, line 15, strike ‘‘three’’ and in-
                                                  On page 419, line 6, strike ‘‘1109(a)(1)(C)’’           Beginning on page 2200, strike line 6 and           sert ‘‘four’’.
                                               and insert ‘‘11109(a)(1)(C)’’.                          all that follows through page 2201, line 17,              On page 2592, line 6, strike ‘‘three’’ and in-
                                                  On page 443, line 12, strike ‘‘is amended by         and insert the following:                              sert ‘‘four’’.
                                               adding’’ and insert the following: ‘‘is amend-             (III) a county government, with preference             On page 2597, line 4, strike ‘‘three’’ and in-
                                               ed—                                                     given to counties at least a portion of which          sert ‘‘five’’.
                                                  (1) by striking the seventh, eighth, and             is in the wildland-urban interface;                       On page 2604, line 5, strike the period at
                                               ninth sentences; and                                       (IV) a municipal government, with pref-             the end and insert ‘‘: Provided, That the
                                                  (2) by adding                                        erence given to municipalities at least a por-         amount provided by this section is des-
                                                  On page 650, line 6, strike ‘‘a State’’ and in-      tion of which is in the wildland-urban inter-          ignated by the Congress as being for an
                                               sert ‘‘a State (including the District of Co-           face; and                                              emergency requirement pursuant to section
                                               lumbia)’’.                                                 (V) an Indian tribal government;                    4112(a) of H. Con. Res. 71 (115th Congress), the
                                                  On page 659, line 1, strike ‘‘a State’’ and in-         (iii) with preference given to representa-          concurrent resolution on the budget for fis-
                                               sert ‘‘a State (including the District of Co-           tives from high-risk States and high-risk In-          cal year 2018, and to section 251(b) of the Bal-
                                               lumbia)’’.                                              dian tribal governments, not fewer than 1              anced Budget and Emergency Deficit Control
                                                  On page 699, line 25, strike ‘‘22306’’ and in-       representative from each of—                           Act of 1985.’’.
                                               sert ‘‘22308’’.                                            (I) the public utility industry;                       On page 2616, line 24, insert ‘‘Federal’’ be-
                                                  On page 721, line 14, strike ‘‘category’’ and           (II) the property development industry;             fore ‘‘salaries’’.
                                               insert ‘‘categories’’.                                     (III) wildland firefighters; and                       On page 2621, line 2, insert ‘‘until’’ after
                                                  On page 797, line 21, strike ‘‘22210’’ and in-          (IV) an organization—                               ‘‘available’’.
                                               sert ‘‘22910’’.                                            (aa) described in section 501(c)(3) of the In-         On page 2624, strike lines 13 through 15 and
                                                  On page 1025, line 13, strike ‘‘40’’ and insert      ternal Revenue Code of 1986 and exempt from            insert the following:
                                               ‘‘25’’.                                                 taxation under section 501(a) of that Code;            the programs administered by the Office of




SSpencer on DSK126QN23PROD with SENATE
                                                  On page 1287, line 16, insert ‘‘5334,’’ after        and                                                    Multimodal Freight Infrastructure and Pol-
                                               ‘‘5318,’’.                                                 (bb) with expertise in forest management            icy may be transferred to an ‘‘Office of
                                                  On page 1592, strike lines 6 through 13 and          and environmental conservation;                        Multimodal Freight Infrastructure and Pol-
                                               insert the following:                                      (iv) not greater than 2 other appropriate           icy’’ account,
                                                  ‘‘(2) is placed in service on or after the date      non-Federal stakeholders, which may in-                   On page 2625, lines 8 and 9, strike ‘‘Office of
                                               of enactment of this section;                           clude the private sector; and                          Multimodal Infrastructure and Freight’’ and
                                                  ‘‘(3) meets the requirements of subclauses              (v) any other appropriate non-Federal               insert ‘‘Office of Multimodal Freight Infra-
                                               (I) and (III) of section 242(b)(1)(B)(ii); and          stakeholders, which may include the private            structure and Policy’’.




                                         VerDate Sep 11 2014   06:40 Aug 06, 2021   Jkt 019060   PO 00000   Frm 00093   Fmt 0637   Sfmt 0634   E:\CR\FM\A05AU6.052   S05AUPT1
                                                         S5984               CORRECTION                    CONGRESSIONAL RECORD — SENATE                                                            August 5, 2021
                                                            On page 2625, line 23, strike ‘‘section 6203’’       poses; which was ordered to lie on the                 funds for Federal-aid highways, high-
                                                         and insert ‘‘section 6703’’.                            table; as follows:                                     way safety programs, and transit pro-
                                                            On page 2626, lines 3 and 4, strike ‘‘Office of                                                             grams, and for other purposes; which
                                                                                                                   On page 1463, line 3, strike ‘‘maritime’’.
                                                         Multimodal Infrastructure and Freight’’ and
                                                         insert ‘‘Office of Multimodal Freight Infra-
                                                                                                                   On page 1463, line 6, strike ‘‘maritime’’.           was ordered to lie on the table; as fol-
                                                                                                                   On page 1463, lines 9 and 10, strike ‘‘mari-         lows:
                                                         structure and Policy’’.                                 time’’.
                                                            On page 2637, line 12, strike ‘‘PROGRAM’’ and                                                                 At the end add the following:
                                                                                                                   On page 1548, line 18, strike ‘‘maritime’’.
                                                         inserting ‘‘PROGRAMS’’.                                                                                        SEC. ll. EFFECTIVE DATE.
                                                                                                                   On page 1548, line 23, strike ‘‘maritime’’.
                                                            On page 2638, line 13, strike ‘‘administra-                                                                   This Act shall take effect on the date that
                                                                                                                   On page 1549, line 3, strike ‘‘maritime’’.
                                                         tions’’ and insert ‘‘administration’’.                    On page 1549, line 6, strike ‘‘maritime’’.           is 4 days after the date of enactment of this
                                                            On page 2639, line 8, strike ‘‘further’’.              On page 1549, line 25, strike ‘‘maritime ap-         Act.
                                                            On page 2645, line 21, strike ‘‘preceding pro-       plications’’ and insert ‘‘vessels’’.
                                                         viso’’ and insert ‘‘sixth proviso of this para-           On page 1621, line 19, strike ‘‘maritime’’.
                                                                                                                                                                          SA 2626. Mr. SCHUMER submitted an
                                                         graph in this Act’’.                                                                                           amendment intended to be proposed to
                                                            On page 2645, line 23, strike ‘‘the pre-               SA 2622. Mr. SCHATZ (for Mrs. MUR-                   amendment SA 2625 submitted by Mr.
                                                         ceding’’ and insert ‘‘such’’.                                                                                  SCHUMER and intended to be proposed
                                                            On page 2646, line 3, strike ‘‘the preceding’’
                                                                                                                 RAY   (for herself and Mr. BURR)) pro-
                                                                                                                 posed an amendment to the bill S. 610,                 to the bill H.R. 3684, to authorize funds
                                                         and insert ‘‘such’’.
                                                            On page 2646, line 5, strike ‘‘under’’ and in-       to address behavioral health and well-                 for Federal-aid highways, highway
                                                         sert ‘‘of’’.                                            being among health care professionals;                 safety programs, and transit programs,
                                                            On page 2646, line 8, strike ‘‘preceding pro-        as follows:                                            and for other purposes; which was or-
                                                         viso’’ and insert ‘‘sixth proviso of this para-           In section 5(b), strike paragraph (1) and in-        dered to lie on the table; as follows:
                                                         graph in this Act’’.                                    sert the following:                                      On page 1, line 3, strike ‘‘4’’ and insert ‘‘5’’.
                                                            On page 2648, line 23, strike ‘‘publically’’           (1) the prevalence and severity of mental
                                                         and insert ‘‘publicly’’.                                health conditions among health profes-                   SA 2627. Mr. WARNER (for himself,
                                                            On page 2648, line 25, strike ‘‘publically’’         sionals, and factors that contribute to those          Mr. PORTMAN, and Ms. SINEMA) sub-
                                                         and insert ‘‘publicly’’.                                mental health conditions;                              mitted an amendment intended to be
                                                            On page 2652, line 9, strike ‘‘twenty-fourth’’         At the end, add the following:                       proposed to amendment SA 2137 pro-
                                                         and insert ‘‘twenty-sixth’’.
                                                            On page 2653, line 4, strike ‘‘nineteenth’’
                                                                                                                 SEC. 6. GAO REPORT.                                    posed by Mr. SCHUMER (for Ms. SINEMA
                                                         and insert ‘‘twenty-first’’.                              Not later than 4 years after the date of en-         (for   herself,   Mr.    PORTMAN,      Mr.
                                                            On page 2656, line 7, strike ‘‘previous’’ and        actment of this Act, the Comptroller General           MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
                                                         insert ‘‘preceding’’.                                   of the United States shall report to Congress          Ms. COLLINS, Mr. TESTER, Ms. MUR-
                                                            On page 2661, line 16, strike ‘‘third proviso        on the extent to which Federal substance use
                                                                                                                                                                        KOWSKI, Mr. WARNER, and Mr. ROMNEY))
                                                         in this’’ and insert ‘‘third proviso of this’’.         disorder and mental health grant programs
                                                                                                                 address the prevalence and severity of men-            to the bill H.R. 3684, to authorize funds
                                                            On page 2661, line 20, strike ‘‘under this
                                                                                                                 tal health conditions and substance use dis-           for Federal-aid highways, highway
                                                         heading’’ and insert ‘‘under this paragraph in
                                                         this Act’’.                                             orders among health professionals. Such re-            safety programs, and transit programs,
                                                            On page 2661, line 22, strike ‘‘in’’ and insert      port shall include an analysis of available            and for other purposes; which was or-
                                                         ‘‘of’’.                                                 evidence and data related to such conditions           dered to lie on the table; as follows:
                                                            On page 2673, line 3, insert ‘‘appropriate           and programs, and shall assess whether there             On page 2437, after line 8, insert the fol-
                                                         costs required for’’ after ‘‘available for’’.           are duplicative goals and objectives among             lowing:
                                                            On page 2673, line 19, insert ‘‘, in consulta-       such grant programs.                                     (d) RULES OF CONSTRUCTION.—
                                                         tion with Amtrak,’’ before ‘‘shall submit’’.                                                                     (1) DEFINITION OF BROKER.—Nothing in this
                                                            On page 2674, line 1, strike ‘‘shall’’ and in-         SA 2623. Mr. SCHUMER submitted an                    section or the amendments made by this sec-
                                                         sert ‘‘, in consultation with Amtrak, shall             amendment intended to be proposed to                   tion shall be construed to create any infer-
                                                         prepare and’’.                                          amendment SA 2137 proposed by Mr.                      ence that a person described in section
                                                            On page 2674, line 11, strike ‘‘capital’’.           SCHUMER (for Ms. SINEMA (for herself,                  6045(c)(1)(D) of the Internal Revenue Code of
                                                            On page 2676, line 19, insert ‘‘appropriate          Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     1986, as added by this section, includes any
                                                         costs required for’’ after ‘‘available for’’.                                                                  person solely engaged in the business of—
                                                                                                                 SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                            On page 2677, line 16, insert ‘‘, in consulta-                                                                (A) validating distributed ledger trans-
                                                         tion with Amtrak,’’ before ‘‘shall submit’’.            TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                                                                                                                                                        actions through proof of work (mining), or
                                                            On page 2677, line 23, strike ‘‘shall’’ and in-      and Mr. ROMNEY)) to the bill H.R. 3684,                  (B) selling hardware or software the sole
                                                         sert ‘‘, in consultation with Amtrak, shall             to authorize funds for Federal-aid high-               function of which is to permit persons to
                                                         prepare and’’.                                          ways, highway safety programs, and                     control a private key (used for accessing dig-
                                                            On      page     2683,    line     20,     strike    transit programs, and for other pur-                   ital assets on a distributed ledger).
                                                         ‘‘$10,250,000,000’’ and insert ‘‘$11,500,000,000’’.     poses; which was ordered to lie on the                   (2) BROKERS AND TREATMENT OF DIGITAL AS-
                                                            On page 2683, line 21, strike ‘‘$2,050,000,000’’     table; as follows:                                     SETS.—Nothing in this section or the amend-
                                                         and insert ‘‘$2,300,000,000’’.                               At the end add the following:                     ments made by this section shall be con-
                                                            On page 2683, line 23, strike ‘‘$2,050,000,000’’                                                            strued to create any inference, for any period
                                                         and insert ‘‘$2,300,000,000’’.                          SEC. ll. EFFECTIVE DATE.
                                                                                                                                                                        prior to the effective date of such amend-
                                                            On page 2683, line 25, strike ‘‘$2,050,000,000’’       This Act shall take effect on the date that          ments, with respect to—
                                                         and insert ‘‘$2,300,000,000’’.                          is 1 day after the date of enactment of this             (A) whether any person is a broker under
                                                            On page 2684, line 1, strike ‘‘$2,050,000,000’’      Act.                                                   section 6045(c)(1) of the Internal Revenue
                                                         and insert ‘‘$2,300,000,000’’.                                                                                 Code of 1986, or
                                                            On page 2684, line 3, strike ‘‘$2,050,000,000’’        SA 2624. Mr. SCHUMER submitted an                      (B) whether any digital asset is property
                                                         and insert ‘‘$2,300,000,000’’.                          amendment intended to be proposed to                   which is a specified security under section
                                                            On page 2684, line 24, strike ‘‘and’’.               amendment SA 2623 submitted by Mr.                     6045(g)(3)(B) of such Code.
                                                            On page 2685, line 4, strike the colon and           SCHUMER and intended to be proposed
                                                         insert ‘‘; and’’.                                                                                                               f
                                                            On page 2685, between lines 4 and 5, insert
                                                                                                                 to the amendment SA 2137 proposed by
                                                                                                                 Mr. SCHUMER (for Ms. SINEMA (for her-                   AUTHORITY FOR COMMITTEES TO
                                                         the following:                                                                                                                  MEET
                                                            (4) $1,250,000,000 shall be to carry out pas-        self, Mr. PORTMAN, Mr. MANCHIN, Mr.
                                                         senger ferry grants under section 5307(h) of            CASSIDY, Mrs. SHAHEEN, Ms. COLLINS,                      Mr. PETERS. Mr. President, I have 7
                                                         title 49, United States Code:                           Mr. TESTER, Ms. MURKOWSKI, Mr. WAR-                    requests for committees to meet during
                                                                                                                 NER, and Mr. ROMNEY)) to the bill H.R.                 today’s session of the Senate. They
                                                           SA 2621. Ms. CANTWELL submitted                                                                              have the approval of the Majority and




sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
                                                                                                                 3684, to authorize funds for Federal-aid
                                                         an amendment intended to be proposed                    highways, highway safety programs,                     Minority leaders.
                                                         to amendment SA 2137 proposed by Mr.                    and transit programs, and for other                      Pursuant to rule XXVI, paragraph
                                                         SCHUMER (for Ms. SINEMA (for herself,                   purposes; which was ordered to lie on                  5(a), of the Standing Rules of the Sen-
                                                         Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                      the table; as follows:                                 ate, the following committees are au-
                                                         SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.                       On page 1, line 3, strike ‘‘1 day’’ and insert      thorized to meet during today’s session
                                                         TESTER, Ms. MURKOWSKI, Mr. WARNER,                      ‘‘2 days’’.                                            of the Senate:
                                                         and Mr. ROMNEY)) to the bill H.R. 3684,                                                                         COMMITTEE ON AGRICULTURE, NUTRITION, AND
                                                         to authorize funds for Federal-aid high-                  SA 2625. Mr. SCHUMER submitted an                                    FORESTRY
                                                         ways, highway safety programs, and                      amendment intended to be proposed by                     The Committee on Agriculture, Nu-
                                                         transit programs, and for other pur-                    him to the bill H.R. 3684, to authorize                trition, and Forestry is authorized to



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