House Report 117-74 — Providing for Consideration of the Bill
Summary
House Report 117–74, a report of the Committee on Rules to accompany House Resolution 504, dated June 28, 2021, in the 117th Congress, 1st Session. The Committee reports the resolution with the recommendation that it be adopted, by a record vote of 9 to 4. The resolution provides for consideration of the IG Independence and Empowerment Act under a structured rule, a bill on the bust of Roger Brooke Taney in the Old Supreme Court Chamber, the INVEST in America Act, and a resolution establishing the Select Committee to Investigate the January 6th Attack on the United States Capitol. The report explains waivers, lists record votes, and prints amendment text.
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“House Report 117-74 — Providing for Consideration of the Bill.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–74
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2662) TO AMEND THE
INSPECTOR GENERAL ACT OF 1978, AND FOR OTHER PURPOSES; PRO-
VIDING FOR CONSIDERATION OF THE BILL (H.R. 3005) TO DIRECT THE
JOINT COMMITTEE ON THE LIBRARY TO REPLACE THE BUST OF ROGER
BROOKE TANEY IN THE OLD SUPREME COURT CHAMBER OF THE
UNITED STATES CAPITOL WITH A BUST OF THURGOOD MARSHALL TO
BE OBTAINED BY THE JOINT COMMITTEE ON THE LIBRARY AND TO RE-
MOVE CERTAIN STATUES FROM AREAS OF THE UNITED STATES CAP-
ITOL WHICH ARE ACCESSIBLE TO THE PUBLIC, TO REMOVE ALL STAT-
UES OF INDIVIDUALS WHO VOLUNTARILY SERVED THE CONFEDERATE
STATES OF AMERICA FROM DISPLAY IN THE UNITED STATES CAPITOL,
AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE
BILL (H.R. 3684) TO AUTHORIZE FUNDS FOR FEDERAL-AID HIGHWAYS,
HIGHWAY SAFETY PROGRAMS, AND TRANSIT PROGRAMS, AND FOR
OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE RESOLU-
TION (H. RES. 503) ESTABLISHING THE SELECT COMMITTEE TO INVES-
TIGATE THE JANUARY 6TH ATTACK ON THE UNITED STATES CAPITOL;
AND FOR OTHER PURPOSES
JUNE 28, 2021.—Referred to the House Calendar and ordered to be printed
Ms. SCANLON, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 504]
The Committee on Rules, having had under consideration House
Resolution 504, by a record vote of 9 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2662, the IG
Independence and Empowerment Act, under a structured rule. The
resolution provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the Com-
mittee on Oversight and Reform or their designees. The resolution
waives all points of order against consideration of the bill. The res-
olution provides that the amendment in the nature of a substitute
recommended by the Committee on Oversight and Reform now
printed in the bill shall be considered as adopted and the bill, as
amended, shall be considered as read. The resolution waives all
points of order against provisions in the bill, as amended.
19–008
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The resolution provides that following debate, each further
amendment printed in part A of this report not earlier considered
as part of amendments en bloc pursuant to section 3 shall be con-
sidered only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report equally di-
vided and controlled by the proponent and an opponent, may be
withdrawn by the proponent at any time before the question is put
thereon, shall not be subject to amendment, and shall not be sub-
ject to a demand for division of the question. The resolution pro-
vides that at any time after debate the chair of the Committee on
Oversight and Reform or her designee may offer amendments en
bloc consisting of further amendments printed in part A of this re-
port not earlier disposed of. Amendments en bloc shall be consid-
ered as read, shall be debatable for 20 minutes equally divided and
controlled by the chair and ranking minority member of the Com-
mittee on Oversight and Reform or their designees, shall not be
subject to amendment, and shall not be subject to a demand for di-
vision of the question. The resolution waives all points of order
against the amendments printed in part A of the Rules Committee
report or amendments en bloc described in section 3 of the resolu-
tion. The resolution provides one motion to recommit. The resolu-
tion provides for consideration of H.R. 3005, To direct the Joint
Committee on the Library to replace the bust of Roger Brooke
Taney in the Old Supreme Court Chamber of the United States
Capitol with a bust of Thurgood Marshall to be obtained by the
Joint Committee on the Library and to remove certain statues from
areas of the United States Capitol which are accessible to the pub-
lic, to remove all statues of individuals who voluntarily served the
Confederate States of America from display in the United States
Capitol, and for other purposes, under a closed rule. The resolution
provides one hour of general debate equally divided and controlled
by the chair and ranking minority member of the Committee on
House Administration or their designees. The resolution waives all
points of order against consideration of the bill. The resolution pro-
vides that the bill shall be considered as read.
The resolution waives all points of order against provisions in the
bill. The resolution provides one motion to recommit. The resolu-
tion further provides for consideration of H.R. 3684, the INVEST
in America Act. The resolution provides ninety minutes of general
debate with sixty minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Transpor-
tation and Infrastructure or their designees and thirty minutes
equally divided and controlled by the chair and ranking minority
member of the Committee on Energy and Commerce or their des-
ignees.
The resolution waives all points of order against consideration of
the bill. The resolution provides that in lieu of the amendment in
the nature of a substitute recommended by the Committee on
Transportation and Infrastructure now printed in the bill, an
amendment in the nature of a substitute consisting of the text of
Rules Committee Print 117–8, modified by Rules Committee Print
117–9 and the amendment printed in part B of the report of the
Committee on Rules accompanying this resolution, shall be consid-
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3
ered as adopted and the bill, as amended, shall be considered as
read.
The resolution waives all points of order against provisions in the
bill, as amended.
The resolution provides one motion to recommit. The resolution
provides for consideration of H.Res. 503, Establishing the Select
Committee to Investigate the January 6th Attack on the United
States Capitol, under a closed rule.
The resolution provides one hour of general debate equally di-
vided and controlled by the chair and ranking minority member of
the Committee on Rules or their designees.
The resolution waives all points of order against consideration of
the resolution. The resolution provides that the resolution shall be
considered as read.
The resolution provides that at any time through the legislative
day of Thursday, July 1, 2021, the Speaker may entertain motions
offered by the Majority Leader or a designee that the House sus-
pend the rules with respect to multiple measures that were the ob-
ject of motions to suspend the rules on the legislative days of June
28 or 29, 2021, and on which the yeas and nays were ordered and
further proceedings postponed. The Chair shall put the question on
any such motion without debate or intervening motion, and the or-
dering of the yeas and nays on postponed motions to suspend the
rules with respect to such measures is vacated.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against consid-
eration of H.R. 2662, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against provi-
sions of H.R. 2662, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against the
amendments printed in part A of this report or against amend-
ments en bloc described in section 3 of the resolution, the Com-
mittee is not aware of any points of order. The waiver is prophy-
lactic in nature.
The waiver of all points of order against consideration of H.R.
3005 includes a waiver of clause 12 of rule XXI, which prohibits
consideration of a bill pursuant to a special order of business re-
ported by the Committee on Rules that has not been reported by
a committee.
Although the resolution waives all points of order against provi-
sions of H.R. 3005, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of H.R.
3684 includes waivers of the following:
• Clause 3(d) of rule XIII, which requires the inclusion of a
committee cost estimate in a committee report.
• Clause 10 of rule XXI, which prohibits consideration of a
measure that has a net effect of increasing the deficit or reduc-
ing the surplus over the five- or 10-year period.
• Section 302(f) of the Congressional Budget Act, which pro-
hibits consideration of legislation providing new budget author-
ity in excess of a 302(a) or 302(b) allocation of such authority.
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• Section 311 of the Congressional Budget Act, which pro-
hibits consideration of legislation that would cause the level of
total new budget authority for the first fiscal year to be exceed-
ed, or would cause revenues to be less than the level of total
revenues for the first fiscal year or for the total of that first
fiscal year and the ensuing fiscal years for which allocations
are provided, except when a declaration of war by the Congress
is in effect.
• Section 401 of the Congressional Budget Act, which pro-
hibits consideration of any bill that provides new authority to
enter into contracts under which the United States is obligated
to make outlays.
The waiver of all points of order against provisions of H.R. 3684,
as amended, includes waivers of the following:
• Clause 4 of rule XXI, which prohibits reporting a bill car-
rying an appropriation from a committee not having jurisdic-
tion to report an appropriation.
• Clause 5(a) of rule XXI, which prohibits a bill or joint reso-
lution carrying a tax or tariff measure from being reported by
a committee not having jurisdiction to report tax or tariff
measures.
Although the resolution waives all points of order against consid-
eration of H.Res. 503, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
TARIFF BENEFITS
Although not required under clause 9 of rule XXI, the following
is a list of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI that
are self-executed by the resolution. Although these projects were
not reported out of committee, they comply with House rules and
were subject to the rigorous vetting process put in place by the
Committee on Transportation and Infrastructure.
Rules Committee Print 117–8
Project No. 731 (replacing the original Project No. 731): Rep.
Rashida Tlaib, Joe Louis Greenway Phase One (Conrail 1/May
Creek), Detroit, MI, $2,000,000. The project sponsor is the City of
Detroit.
Project No. 1474: Rep. Lauren Underwood, Fox River Regional
Trail: Hoover Forest Preserve-Fox River Bluffs Connecting Trail
Segment, Yorkville, IL, $240,000. The project sponsor is Kendall
County Forest Preserve District.
Amendment printed in Part B of this report:
Project No. 1475: Rep. Angie Craig, City of Red Wing Levee Road
Realignment Project, Red Wing, MN, $3,124,521. The project spon-
sor is the City of Red Wing.
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
report, together with the names of those voting for and against, are
printed below:
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Rules Committee record vote No. 100
Motion by Mr. Cole to report an open rule for H.R. 3684 and H.R.
2662. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 101
Motion by Mr. Cole to amend the rule to H.R. 3005 to make in
order amendment #1, offered by Rep. Davis (IL), which revises the
deadline for response by the Joint Committee on the Library to no
later than 30 days after the AOC forwards the request to the JCL.
Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 102
Motion by Mr. Burgess to amend the rule to H.R. 2662 to make
in order and provide the appropriate waivers to amendment #3, of-
fered by Rep. Burgess (TX), which replaces Titles I and III of the
bill with language to require a detailed rationale to be provided to
Congress prior to the removal of an IG and to allow a limited ex-
ception for the President to name a non-first assistant Inspector
General as Acting Inspector General in the case of a vacancy, and
makes the new IG subpoena power prospective. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 103
Motion by Ms. Scanlon to report the rule. Adopted: 9–4
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Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Yea Mr. Cole ........................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mr. Reschenthaler ............................................ Nay
Ms. Scanlon ...................................................... Yea Mrs. Fischbach ................................................ Nay
Mr. Morelle ....................................................... Yea
Mr. DeSaulnier .................................................. Yea
Ms. Ross ........................................................... Yea
Mr. Neguse ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENTS TO H.R. 2662 IN PART A MADE IN
ORDER
1. Axne (IA): Requiring more detailed rationale for firing an In-
spector General. (10 minutes)
2. Bourdeaux (GA): Ensures Inspectors General receive training
on the use of, and process for, the suspension or debarment of per-
sons for eligibility for Federal contracts. (10 minutes)
3. Carter, Troy (LA): Increases the pay of IGs to ensure that sen-
ior advisors do not make more than the IGs they work for. (10 min-
utes)
4. Comer (KY): Strikes Titles I, III, and V of the bill. (10 min-
utes)
5. Malinowski (NJ): Provides an exception to the requirement
that IGs provide notice 30 days before placing an IG on non-duty
status if the IG poses a threat to the workplace or threatens an in-
vestigation. (10 minutes)
6. Torres, Ritchie (NY): Requires GAO to conduct a review and
issue a report evaluating processes for investigating wrongdoing by
Inspectors General, including processes of the Integrity Committee
of the Council of the Inspectors General on Integrity and Efficiency
and processes of Inspector General offices. (10 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 3684 IN PART B CONSIDERED
AS ADOPTED
1. DeFazio (OR): Makes technical changes to Divisions A, B, and
D; amends the Territorial Highway Program to peg program fund-
ing to state apportionments; amends the federal share under the
Federal Lands Access Program; further modifies rules on charter
bus service; modifies Capital Investment Grants warrants and rat-
ings adjustments; makes the federal share payable under the
CMAQ program up to 100 percent for any project that benefits an
environmental justice community; adds a provision on the relation-
ship between labor and employment laws and motor carrier safety;
provides certainty to engineering firms that received PPP loan for-
giveness; and amends the Household Decentralized Wastewater
program to ensure that projects are constructed by licensed and
bonded contractors, in accordance with industry standards and
state and local requirements.
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PART A—TEXT OF AMENDMENTS TO H.R. 2662 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AXNE OF
IOWA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 6, after line 16, add the following new section (and amend
the table of contents accordingly):
SEC. 103. REMOVAL OR TRANSFER REQUIREMENTS.
(a) REASONS FOR REMOVAL OR TRANSFER.—Section 3(b) of the In-
spector General Act of 1978 (5 U.S.C. App.), as amended by section
102, is further amended—
(1) in paragraph (1), by striking ‘‘reasons’’ and inserting
‘‘substantive rationale, including detailed and case-specific rea-
sons,’’; and
(2) by inserting at the end the following new paragraph:
‘‘(3) If there is an open or completed inquiry into an Inspec-
tor General that relates to the removal or transfer of the In-
spector General under paragraph (1), the written communica-
tion required under that paragraph shall—
‘‘(A) identify each entity that is conducting, or that con-
ducted, the inquiry; and
‘‘(B) in the case of a completed inquiry, contain the find-
ings made during the inquiry.’’.
(b) REASONS FOR REMOVAL OR TRANSFER FOR DESIGNATED FED-
ERAL ENTITIES.—Section 8G(e) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended—
(1) in paragraph (2), by striking ‘‘reasons’’ and inserting
‘‘substantive rationale, including detailed and case-specific rea-
sons,’’; and
(2) by inserting at the end the following new paragraph:
‘‘(3) If there is an open or completed inquiry into an Inspec-
tor General that relates to the removal or transfer of the In-
spector General under paragraph (2), the written communica-
tion required under that paragraph shall—
‘‘(A) identify each entity that is conducting, or that con-
ducted, the inquiry; and
‘‘(B) in the case of a completed inquiry, contain the find-
ings made during the inquiry.’’.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
BOURDEAUX OF GEORGIA OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 34, line 1, strike ‘‘and’’ and insert ‘‘,’’.
Page 34, line 3, insert ‘‘, and on the use of and process for the
suspension or debarment of persons for eligibility for Federal con-
tracts’’ after ‘‘Council’’.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CARTER OF
LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 34, after line 3, insert the following (and amend the table
of contents and redesignate the subsequent titles accordingly):
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TITLE XII—EQUITABLE PAY FOR
INSPECTORS GENERAL
SEC. 1201. EQUITABLE PAY FOR INSPECTORS GENERAL.
Section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App)
is amended by inserting after ‘‘3 percent’’ the following: ‘‘or the rate
of pay that is equal to the highest rate of basic pay of any other
employee of the Office of such Inspector General, whichever is
higher’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COMER OF
KENTUCKY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 4, strike line 1 and all that follows through page 6, line 16.
Page 9, strike line 3 and all that follows through page 10, line
10.
Page 22, strike line 20 and all that follows through page 27, line
14.
Redesignate and renumber the remaining titles and sections and
amend the table of contents accordingly.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE
MALINOWSKI OF NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR
10 MINUTES
Page 7, line 4, strike ‘‘OFFICES’’ and insert ‘‘OFFICE’’.
Page 7, line 13, strike ‘‘ENTITIES’’ and insert ‘‘ENTITY’’.
Page 7, after line 21, insert the following:
(c) EXCEPTION TO REQUIREMENT TO SUBMIT COMMUNICATION RE-
LATING TO CERTAIN CHANGES IN STATUS.—
(1) COMMUNICATION RELATING TO CHANGE IN STATUS OF IN-
SPECTOR GENERAL OF OFFICE.—Section 3(b) of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended by section
102(1), is further amended—
(A) in paragraph (1), by striking ‘‘If’’ and inserting ‘‘Ex-
cept as provided in paragraph (3), if’’; and
(B) by adding at the end the following:
‘‘(3) If an Inspector General is placed on paid or unpaid non-
duty status, the President may submit the communication de-
scribed in paragraph (1) to Congress later than 30 days before
the Inspector General is placed on paid or unpaid non-duty sta-
tus, but in any case not later than the date on which the place-
ment takes effect, if—
‘‘(A) the President determines that a delay in placing the
Inspector General on paid or unpaid non-duty status
would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property;
‘‘(B) in the communication, the President includes—
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9
‘‘(i) a specification of which clause the President re-
lied on to make the determination under subpara-
graph (A);
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the President relied on an inquiry to make
such determination, an identification of each entity
that is conducting, or that conducted, such inquiry;
and
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.
‘‘(4) The President may not place an Inspector General on
paid or unpaid non-duty status during the 30-day period pre-
ceding the date on which the Inspector General is removed or
transferred under paragraph (1) unless the President—
‘‘(A) determines that not placing the Inspector General
on paid or unpaid non-duty status would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property; and
‘‘(B) on or before the date on which the placement takes
effect, submits to the Committee in the House of Rep-
resentatives and the Committee in the Senate that has ju-
risdiction over the Inspector General involved, the Com-
mittee on Oversight and Reform of the House of Rep-
resentatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate, a written commu-
nication that contains the following information—
‘‘(i) a specification of which clause under subpara-
graph (A) the President relied on to make the deter-
mination under such subparagraph;
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the President relied on an inquiry to make
such determination, an identification of each entity
that is conducting, or that conducted, such inquiry;
and
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.’’.
(2) COMMUNICATION RELATING TO CHANGE IN STATUS OF IN-
SPECTOR GENERAL OF DESIGNATED FEDERAL ENTITY.—Section
8G(e) of the Inspector General Act Inspector General Act of
1978 (5 U.S.C. App.) is amended—
(A) in paragraph (1), by striking ‘‘If’’ and inserting ‘‘Ex-
cept as provided in paragraph (3), if’’; and
(B) by adding at the end the following:
‘‘(3) If an Inspector General is placed on paid or unpaid non-
duty status, the head of a designated Federal entity may sub-
mit the communication described in paragraph (1) to Congress
later than 30 days before the Inspector General is placed on
paid or unpaid non-duty status, but in any case not later than
the date on which the placement takes effect, if—
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10
‘‘(A) the head determines that a delay in placing the In-
spector General on paid or unpaid non-duty status would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property;
‘‘(B) in the communication, the head includes—
‘‘(i) a specification of which clause under subpara-
graph (A) the head relied on to make the determina-
tion under such subparagraph;
‘‘(ii) the substantive rationale, including detailed
and case-specific reasons, for such determination;
‘‘(iii) if the head relied on an inquiry to make such
determination, an identification of each entity that is
conducting, or that conducted, such inquiry; and
‘‘(iv) if an inquiry described in clause (iii) is com-
pleted, the findings of that inquiry.
‘‘(4) The head may not place an Inspector General on paid or
unpaid non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (1) unless the head—
‘‘(A) determines that not placing the Inspector General
on paid or unpaid non-duty status would—
‘‘(i) pose a threat to the Inspector General or others;
‘‘(ii) result in the destruction of evidence relevant to
an investigation; or
‘‘(iii) result in loss of or damage to Government
property; and
‘‘(B) on or before the date on which the placement takes
effect, submits to the Committee in the House of Rep-
resentatives and the Committee in the Senate that has ju-
risdiction over the Inspector General involved, the Com-
mittee on Oversight and Reform of the House of Rep-
resentatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate, a written commu-
nication that contains the following information—
‘‘(i) a specification of which clause under subparagraph
(A) the head relied on to make the determination under
such subparagraph;
‘‘(ii) the substantive rationale, including detailed and
case-specific reasons, for such determination;
‘‘(iii) if the head relied on an inquiry to make such deter-
mination, an identification of each entity that is con-
ducting, or that conducted, such inquiry; and
‘‘(iv) if an inquiry described in clause (iii) is completed,
the findings of that inquiry.’’.
Page 7, strike line 22 and all that follows through line 24 and
insert the following:
(d) APPLICATION.—The amendments made by this section shall
apply with respect to removals, transfers, and changes of status oc-
curring on or after the date that is 30 days after the date of the
enactment of this Act.
Page 29, line 20, strike ‘‘ESTABLISHMENT’’ and insert ‘‘OFFICE’’.
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11
Page 30, line 10, strike ‘‘is’’ and insert ‘‘, as amended by section
202(c)(2), is further’’.
Page 30, line 12, strike ‘‘(3)’’ and insert ‘‘(5)’’.
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TORRES OF
NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 34, after line 3, insert the following (and amend the table
of contents and redesignate the subsequent titles accordingly):
TITLE XII—REPORT
SEC. 1201. GAO REVIEW AND REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General shall—
(1) conduct a review that evaluates the effectiveness of the
processes of the Integrity Committee of the Council of the In-
spectors General on Integrity and Efficiency, and the processes
of Offices of Inspector General, respectively, for ensuring that
Inspectors General—
(A) are held accountable through the investigation of al-
legations of wrongdoing, including allegations of mis-
conduct, abuse of authority, or other malfeasance, that are
made against such Inspectors General; and
(B) meet relevant standards for integrity and independ-
ence;
(2) identify recommendations with respect to—
(A) enhancing accountability for Inspectors General; and
(B) ensuring that Inspectors General meet relevant
standards for integrity and independence; and
(3) issue a report—
(A) on the results of the review required by paragraph
(l); and
(B) that contains any recommendations identified under
paragraph (2).
PART B—TEXT OF AMENDMENT TO H.R. 3684 CONSIDERED AS ADOPTED
Page 42, beginning on line 4, strike ‘‘the required non-Federal
share’’ and insert ‘‘20 percent’’.
In the table contained in section 107(c) of the bill, in the third
column of the item numbered 204, strike ‘‘lameda’’ and insert ‘‘Ala-
meda’’.
At the end of the table contained in section 107(c) of the bill, add
a new item as follows:
(1) In the first column, add the appropriate table number.
(2) In the second column, insert the project name as ‘‘City of Red
Wing Levee Road Realignment Project’’.
(3) In the third column, insert the city as ‘‘Red Wing’’.
(4) In the fourth column, insert the State/Territory as ‘‘MN’’.
(5) In the fifth column, insert the amount as ‘‘$3,124,521’’.
Page 208, line 20, strike ‘‘paragraph (21)’’ and insert ‘‘paragraph
(22)’’.
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12
Page 212, line 14, strike ‘‘paragraph (36)’’ and insert ‘‘paragraph
(39)’’.
Page 254, line 18, strike ‘‘INNOVATIVE PROJECT DELIVERY’’.
Page 256, after line 5, insert the following (and redesignate the
subsequent subsection accordingly):
(b) ENVIRONMENTAL JUSTICE COMMUNITIES.—Section 120(c) of
title 23, United States Code, is amended by adding at the end the
following:
‘‘(4) ENVIRONMENTAL JUSTICE COMMUNITIES.—The Federal
share payable on account of a project, program, or activity car-
ried out with funds apportioned under section 104(b)(5) may be
increased by up to 10 percent, up to 100 percent of the total
project cost of any such project, program, or activity that the
Secretary determines benefits an environmental justice com-
munity through reducing adverse environmental exposures
that may disproportionately impact such communities.’’.
Page 280, line 24, strike ‘‘research’’ and insert ‘‘study’’.
Page 281, strike line 18 and insert the following:
(1) ESTABLISHMENT OF REQUIREMENTS.
(A) IN GENERAL.—The
Page 281, line 20, insert ‘‘by’’ after ‘‘amendment made’’.
Page 281, after line 24, insert the following:
(B) CONSIDERATIONS.—The regulations issued pursuant
to subparagraph (A) shall—
(i) ensure the continued availability of construction
materials to carry out projects under title 23, United
States Code;
(ii) include authority for the Secretary to waive the
applicability of the requirement under section 313(a)
of title 23, United States Code, to procure domestic
construction materials if the study conducted under
subsection (c)(l) determines that the domestic supply
of construction materials is insufficient to meet the de-
mand for activities covered under section 313 of title
23, United States Code; and
(iii) provide for efficient and timely—
(I) project delivery for project sponsors; and
(II) administration for the Secretary.
(C) FINAL RULE.—The regulations issued pursuant to
subparagraph (A) shall not be finalized until the study
under subsection (c) has been completed and considered by
the Secretary in the rulemaking process under such sub-
paragraph.
Page 282, line 7, insert ‘‘that are less than 100 percent and’’ be-
fore ‘‘that increase’’.
Page 282, strike lines 10 through 11 and insert the following:
(C) shall take into consideration the study conducted
under subsection (c), including any potential—
(i) disruption in the supply of construction materials
to any State or isolated geographic region; and
(ii) impacts on the price of covered items.
Page 282, beginning on line 14, strike ‘‘requirements’’ and insert
‘‘regulations’’.
Page 282, line 16, strike ‘‘RESEARCH’’ and insert ‘‘STUDY’’.
Page 282, line 18, strike ‘‘research’’ and insert ‘‘study’’.
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13
Page 283, line 1, strike ‘‘research’’ and insert ‘‘study’’.
Page 283, strike lines 3 through 15 and insert the following:
(A) the current domestic availability of covered items of
sufficient and reasonably available quantity and of a satis-
factory quality (including any specific impacts in a State or
isolated geographic region, as applicable) necessary to
meet the demand for activities covered under section 313
of title 23, United States Code;
(B) the current supply chain for covered items including
the impacts of extracting, refining, manufacturing, and
transporting domestically available covered items;
(C) anticipated impacts to the environment, public
health, and safety from transportation of domestically
available covered items;
(D) the estimated demand, in relation to total domestic
demand from all sources, for covered items from—
(i) procurement under the Federal-aid highway pro-
gram;
(ii) procurement under other programs administered
by the Secretary of Transportation; and
(iii) other Federal procurement; and
(E) the delivery cost differential of domestic covered
items, as compared to non-domestic alternatives, including
any specific impacts in a State or isolated geographic re-
gion, as applicable.
Page 283, after line 15, insert the following (and redesignate the
subsequent paragraphs accordingly):
(3) INSPECTOR GENERAL REVIEW.—Not later than 120 days
after the Secretary completes the study in paragraph (1), the
Inspector General of the Department of Transportation shall—
(A) review the extent to which the study under para-
graph (1) addresses the considerations under paragraph
(2); and
(B) submit to the Committee on Transportation and In-
frastructure of the House of Representatives and Com-
mittee on Environment and Public Works of the Senate a
report on the findings of the review under subparagraph
(A).
Page 284, beginning on line 3, strike ‘‘This section, and the
amendments made by this section’’ and insert ‘‘Subsections (b) and
(c)’’.
Page 284, after line 6, insert the following (and redesignate the
subsequent subsection accordingly):
(e) CONSTRUCTION MATERIALS DEFINED.—In this section, the
term ‘‘construction materials’’ has the meaning given such term in
section 313 of title 23, United States Code.
Page 298, line 9, strike ‘‘resilience;’’ and insert ‘‘resilience’’.
Page 341, line 2, strike ‘‘104(b)’’ and insert ‘‘104(b).’’.
Page 388, line 25, strike ‘‘carsharing’’ and insert ‘‘carsharing,’’.
Page 393, line 17, insert ‘‘and sections 137 and 142’’ after ‘‘(a) or
(b)’’.
Page 393, line 18, insert ‘‘limited commercial activities for’’ after
‘‘155,’’.
Page 436, line 22, strike ‘‘paragraph’’ and insert ‘‘subsection’’.
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14
Page 536, line 15, strike ‘‘paragraphs (2)’’ and insert ‘‘paragraph
(2)’’.
Page 574, strike lines 9 through 13 and insert the following:
‘‘(A) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(A) of the INVEST in
America Act for fiscal year 2023;
‘‘(B) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(B) of the INVEST in
America Act for fiscal year 2024;
‘‘(C) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(C) of the INVEST in
America Act for fiscal year 2025; and
‘‘(D) an amount equivalent to 0.002 of the amount made
available under section 1101(a)(1)(D) of the INVEST in
America Act for fiscal year 2026.’’;
Page 595, strike lines 4 through 5 and insert the following:
(a) IN GENERAL.—Section 204(a) of title 23, United States Code,
is amended—
Page 596, after line 8, insert the following:
(b) FEDERAL SHARE.—Section 201(b)(7)(B) of title 23, United
States Code, is amended by striking ‘‘determined in accordance
with section 120’’, and inserting ‘‘up to 100 percent’’.
Page 653, after line 8, insert the following (and redesignate ac-
cordingly):
(2) INDIAN TRIBES.—The term ‘‘Indian Tribes’’ has the mean-
ing given such term in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 5304).
Page 664, line 15, insert a comma after ‘‘low-income commu-
nities’’.
Page 699, line 2, strike ‘‘101(a)(16)(C), as amended,’’ and insert
‘‘101(a)(17)(C), as redesignated by section 1103(1)(A) of this Act,’’.
Page 699, strike lines 12 through 15 and insert the following:
(B) in the paragraph heading, by striking ‘‘FEDERAL
HIGHWAY ADMINISTRATION’’ and inserting ‘‘AN OPERATING
ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION’’.
Page 705, after line 3, add the following:
SEC. 1640. CREDIT ADJUSTMENTS FOR PAYCHECK PROTECTION PRO-
GRAM LOAN FORGIVENESS UNDER HIGHWAY AND PUBLIC
TRANSPORTATION PROJECT COST REIMBURSEMENT
CONTRACTS.
(a) IN GENERAL.—Notwithstanding section 112 of title 23, United
States Code, a covered contractor shall only make credit adjust-
ments to the indirect cost rate applied to such contractor to reflect
the portion of loan forgiveness attributable to the receipt of Federal
funds. For purposes of this section, beginning on the date on which
the credit attributable to Federal funds is recovered fully, no fur-
ther indirect cost rate credit shall be applied or otherwise provided.
(b) COVERED CONTRACTOR DEFINED.—For purposes of this sec-
tion, the term ‘‘covered contractor’’ means a contractor or subcon-
tractor at any tier that—
(1) provides architectural and engineering services under a
federally-funded Federal-aid highway program or Federal
lands highway program cost reimbursement contract under
title 23, United States Code;
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15
(2) received loan forgiveness in accordance with section 1106
of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116–136), for a loan provided under paragraph
(36) of section 7(a) of the Small Business Act (15 U.S.C.
636(a)); and
(3) applied such loan proceeds to indirect costs that were re-
imbursed, in whole or in part, with Federal funds.
Page 721, line 12, strike ‘‘30’’ and insert ‘‘15’’.
Page 721, line 16, strike ‘‘and’’ at the end.
Page 721, line 19, strike the period and insert ‘‘; and’’.
Page 721, after line 19, insert the following:
‘‘(v) limited to the service area in which the recipient
provides regularly scheduled public transportation
service.
Page 747, line 6, strike ‘‘in carrying’’ and insert ‘‘In carrying’’.
Page 863, line 16, strike ‘‘(4)’’ and insert ‘‘(5)’’.
Page 874, line 12, strike ‘‘and/or’’ and insert ‘‘or’’.
Page 875, line 24, insert ‘‘up to’’ before ‘‘5’’.
Page 876, line 1, insert ‘‘or land use’’ before ‘‘criterion’’.
Page 876, line 1, insert ‘‘up to’’ before ‘‘5 percentage’’.
Page 876, line 16, insert ‘‘or land use’’ after ‘‘development’’.
Page 1003, after line 7, insert the following:
SEC. 4208. REVIEW OF LABOR LAWS.
(a) REGISTRATION.—Section 13902(a)(1)(A) of title 49, United
States Code, is amended—
(1) in clause (v) by striking ‘‘and’’ at the end;
(2) in clause (vi) by striking the semicolon and inserting ‘‘;
and’’; and
(3) by adding at the end the following:
‘‘(vii) applicable labor and employment laws and reg-
ulations, including wage and hour and workplace safe-
ty laws and regulations, relevant to the safe operation
of a motor carrier;’’.
(b) AGENCY REVIEW.—Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation and the Sec-
retary of Labor shall initiate a process to—
(1) review the relationship between labor and employment
laws and regulations and motor carrier safety laws and regula-
tions, including hours of service rules;
(2) evaluate labor and employment laws and regulations like-
ly to be relevant to the safe operation of a motor carrier;
(3) assess the availability of datasets, gaps in available data,
and opportunities to gather and share useful data to better un-
derstand the relationship between labor and employment laws
and regulations and the safety performance of a motor carrier;
and
(4) assess the feasibility of utilizing available data, including
data on violations of labor and employment laws and regula-
tions, to improve the Secretary’s safety oversight of a motor
carrier.
(c) REPORT.—No later than 18 months after initiation of the proc-
ess under subsection (b), the Secretary of Transportation and Sec-
retary of Labor shall submit to Congress a report containing—
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16
(1) the findings of the process undertaken under subsection
(b);
(2) any proposed actions to be taken by either the Secretary
of Transportation or the Secretary of Labor as a result of such
findings; and
(3) any recommendations to Congress to implement such pro-
posed actions.
(d) UPDATES.—Following completion of the agency review under
subsection (b), the Secretary of Transportation may initiate a rule-
making addressing the periodic monitoring of information to ensure
compliance with section 13902(a)(1)(A)(vii) of title 49, United
States Code, including any required documentation that a motor
carrier is required to submit.
Page 1043, beginning on line 12, strike ‘‘, benefits, and costs as-
sociated with’’ and insert ‘‘of’’.
Page 1056, line 9, insert ‘‘that provides a single point of data,
such as the vehicle identification number,’’ after ‘‘identifier’’.
Page 1056, line 10, strike ‘‘to roadside inspectors’’.
Page 1056, line 11, insert ‘‘compliance, inspection, or’’ after ‘‘for’’.
Page 1125, beginning on line 13, strike ‘‘INTERAGENCY IN-
NOVATIVE MATERIALS STANDARDS TASK FORCE’’ and in-
sert ‘‘INTERAGENCY INNOVATIVE MATERIALS STAND-
ARDS TASK FORCE’’.
Page 1126, beginning on line 8, strike ‘‘Interagency Innovative
Materials Standards Task Force’’ and insert ‘‘Interagency innova-
tive materials standards task force’’.
Page 1147, after line 20, insert the following (and redesignate ac-
cordingly):
‘‘(G) a representative from academia;
Page 1147, after line 22, insert the following (and redesignate
the subsequent subparagraphs accordingly):
(E) in subparagraph (K) by striking ‘‘; and’’ and inserting
a period;
Page 1147, line 24, strike ‘‘subparagraph (H)’’ and insert ‘‘sub-
paragraph (I)’’.
Page 1185, line 21, insert ‘‘data’’ after ‘‘include’’.
Page 1185, beginning on line 21, insert a comma after ‘‘interoper-
ability’’.
Page 1227, line 12, insert ‘‘Administration’’ after ‘‘Safety’’.
Page 1270, line 15, strike ‘‘may’’ and insert ‘‘shall’’.
Page 1402, after line 16, insert the following:
SEC. 9520. FRA SAFETY INSPECTOR AND SPECIALIST REVIEW.
(a) REVIEW.—The Administrator of the Federal Railroad Admin-
istration shall review the position descriptions and pay grades of
railroad safety inspection personnel and railroad safety specialists
employed by the Office of Railroad Safety.
(b) CONTENTS OF REVIEW.—The review under subsection (a)
shall—
(1) consider whether the descriptions of the positions de-
scribed in subsection (a) accurately reflect the scope of work
and duties of the personnel and specialists described in such
subsection, including any technological advancements that im-
pact the scope of work and duties;
(2) compare the pay grades of such positions to the pay
grades of personnel employed by other Department of Trans-
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17
portation agencies and the National Transportation Safety
Board who have scopes of work and duties comparable to those
of railroad safety inspection personnel and railroad safety spe-
cialists; and
(3) assess whether the Administration experiences difficulty
in recruiting or retaining such personnel and specialists and
identify the reasons for such difficulty.
(c) REPORT.—Not later than 180 days after the date of enactment
of this Act, the Administrator shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report that—
(1) summarizes the findings of the review required by this
section;
(2) describes how the Administration plans to update the po-
sition descriptions of such personnel and specialists to accu-
rately reflect the scope of work and duties, including any tech-
nological advancements that impact the scope of work and du-
ties; and
(3) describes how pay grades may be updated to retain and
recruit such personnel and specialists.
At the end of division D, add the following:
SEC. 9608. EXTENSION.
Section 1246 of the Disaster Recovery Reform Act of 2018 is
amended—
(1) by striking ‘‘3 years’’ and inserting ‘‘41⁄2 years’’; and
(2) by inserting ‘‘and every 3 months thereafter,’’ before ‘‘the
Administrator shall’’.
Page 1524, line 20, strike ‘‘under subsection (h)’’ and insert
‘‘under subsection (i)’’.
Page 1525, insert after subsection (e) the following (and redesig-
nate the subsequent subsections accordingly):
‘‘(f) RULEMAKING.—Not later than 180 days after the date of en-
actment of this section, the Administrator shall issue a rule requir-
ing that, with respect to any decentralized wastewater treatment
system constructed pursuant to this section or section 603(c)—
‘‘(1) such system complies with any applicable State and
local requirements;
‘‘(2) such system complies with any applicable American Na-
tional Standard approved by the American National Standards
Institute; and
‘‘(3) the design and construction of such system is carried out
by persons or entities licensed and bonded, by the State in
which such system is constructed, to carry out such design and
construction.
Æ
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