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.”
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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
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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
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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.
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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-
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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
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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-
SSpencer on DSK126QN23PROD with SENATE
(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-
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‘‘(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
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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-
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‘‘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))
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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
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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’’.
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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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