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Home Source documents Text of Amendments to SA 2137 to H.R. 3684, August 5, 2021 — Congressional Record, Senate

Text of Amendments to SA 2137 to H.R. 3684, August 5, 2021 — Congressional Record, Senate

Summary

This is S5970 of the Congressional Record, Senate, August 5, 2021, with interleaved columns of submitted amendments to H.R. 3684, the highway bill. The page lists amendments intended to be proposed to amendment SA 2137, including SA 2579 by Mr. Padilla and Mrs. Feinstein and SA 2583 by Mr. Daines. The printed text includes provisions on a definition of transportation demand management, a deadline for projects to advance to the construction obligation stage, prioritization of ship channel deepening projects, and seizure and disposition of property under the Controlled Substances Act.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Text of Amendments to SA 2137 to H.R. 3684, August 5, 2021 — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-05-crec-2021-08-05-pt1-pgs5970-6-8931bebf30/, SHA-256 3fd2f379632c884587dae3562a3ba7a21e6995d63d6e104ea9aa98a7c30c2b3f.

Full text

                                               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,




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                                                 ‘‘(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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