[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1378-S1379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1354. Ms. LUMMIS submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. 
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, 
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. 
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant 
to title II of S. Con. Res. 5; which was ordered to lie on the table; 
as follows:

       Beginning on page 231, strike line 6 and all that follows 
     through page 242, line 17, and insert the following:

     SEC. 7101. GRANTS TO THE NATIONAL RAILROAD PASSENGER 
                   CORPORATION.

       (a) Northeast Corridor Appropriation.--In addition to 
     amounts otherwise available, there is appropriated for fiscal 
     year 2021, out of any money in the Treasury not otherwise 
     appropriated, $220,388,160, to remain available until 
     September 30, 2024, for grants as authorized under section 
     11101(a) of the FAST Act (Public Law 114-94) to prevent, 
     prepare for, and respond to coronavirus.
       (b) National Network Appropriation.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2021, out of any money in the Treasury not otherwise 
     appropriated, $729,611,840, to remain available until 
     September 30, 2024, for grants as authorized under section 
     11101(b) of the FAST Act (Public Law 114-94) to prevent, 
     prepare for, and respond to coronavirus.
       (c) Long-distance Service Restoration and Employee 
     Recalls.--Not less than $165,926,000 of the aggregate amounts 
     made available under subsections (a) and (b) shall be for use 
     by the National Railroad Passenger Corporation to--
       (1) restore, not later than 90 days after the date of 
     enactment of this Act, the frequency of rail service on long-
     distance routes (as defined in section 24102 of title 49, 
     United States Code) that the National Railroad Passenger 
     Corporation reduced the frequency of on or after July 1, 
     2020, and continue to operate such service at such frequency; 
     and
       (2) recall and manage employees furloughed on or after 
     October 1, 2020, as a result of efforts to prevent, prepare 
     for, and respond to coronavirus.
       (d) Use of Funds in Lieu of Capital Payments.--Not less 
     than $109,805,000 of the aggregate amounts made available 
     under subsections (a) and (b)--
       (1) shall be for use by the National Railroad Passenger 
     Corporation in lieu of capital payments from States and 
     commuter rail passenger transportation providers that are 
     subject to the cost allocation policy under section 24905(c) 
     of title 49, United States Code; and
       (2) notwithstanding sections 24319(g) and 24905(c)(1)(A)(i) 
     of title 49, United States Code, such amounts do not 
     constitute cross-subsidization of commuter rail passenger 
     transportation.
       (e) Use of Funds for State Payments for State-supported 
     Routes.--
       (1) In general.--Of the amounts made available under 
     subsection (b), $174,850,000 shall be for use by the National 
     Railroad

[[Page S1379]]

     Passenger Corporation to offset amounts required to be paid 
     by States for covered State-supported routes.
       (2) Funding share.--The share of funding provided under 
     paragraph (1) with respect to a covered State-supported route 
     shall be distributed as follows:
       (A) Each covered State-supported route shall receive 7 
     percent of the costs allocated to the route in fiscal year 
     2019 under the cost allocation methodology adopted pursuant 
     to section 209 of the Passenger Rail Investment and 
     Improvement Act of 2008 (Public Law 110-432).
       (B) Any remaining amounts after the distribution described 
     in subparagraph (A) shall be apportioned to each covered 
     State-supported route in proportion to the passenger revenue 
     of such route and other revenue allocated to such route in 
     fiscal year 2019 divided by the total passenger revenue and 
     other revenue allocated to all covered State-supported routes 
     in fiscal year 2019.
       (3) Covered state-supported route defined.--In this 
     subsection, the term ``covered State-supported route'' means 
     a State-supported route, as such term is defined in section 
     24102 of title 49, United States Code, but does not include a 
     State-supported route for which service was terminated on or 
     before February 1, 2020.
       (f) Use of Funds for Debt Repayment or Prepayment.--Not 
     more than $100,885,000 of the aggregate amounts made 
     available under subsections (a) and (b) shall be--
       (1) for the repayment or prepayment of debt incurred by the 
     National Railroad Passenger Corporation under financing 
     arrangements entered into prior to the date of enactment of 
     this Act; and
       (2) to pay required reserves, costs, and fees related to 
     such debt, including for loans from the Department of 
     Transportation and loans that would otherwise have been paid 
     from National Railroad Passenger Corporation revenues.
       (g) Project Management Oversight.--Not more than $2,000,000 
     of the aggregate amounts made available under subsections (a) 
     and (b) shall be for activities authorized under section 
     11101(c) of the FAST Act (Public Law 114-94).

     SEC. 7102. RELIEF FOR AIRPORTS.

       (a) In General.--
       (1) In general.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any funds in the Treasury not otherwise appropriated, 
     $8,750,000,000, to remain available until September 30, 2024, 
     for assistance to sponsors of airports, as such terms are 
     defined in section 47102 of title 49, United States Code, to 
     be made available to prevent, prepare for, and respond to 
     coronavirus.
       (2) Requirements and limitations.--Amounts made available 
     under this section--
       (A) may not be used for any purpose not directly related to 
     the airport; and
       (B) may not be provided to any airport that was allocated 
     in excess of 4 years of operating funds to prevent, prepare 
     for, and respond to coronavirus in fiscal year 2020.
       (b) Allocations.--The following terms shall apply to the 
     amounts made available under this section:
       (1) Operating expenses and debt service payments.--
       (A) In general.--Not more than $6,642,000,000 shall be made 
     available for primary airports, as such term is defined in 
     section 47102 of title 49, United States Code, and certain 
     cargo airports, for costs related to operations, personnel, 
     cleaning, sanitization, janitorial services, combating the 
     spread of pathogens at the airport, and debt service 
     payments.
       (B) Distribution.-- Amounts made available under this 
     paragraph--
       (i) shall not be subject to the reduced apportionments 
     under section 47114(f) of title 49, United States Code;
       (ii) shall first be apportioned as set forth in sections 
     47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 
     47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 
     49, United States Code; and
       (iii) shall not be subject to a maximum apportionment limit 
     set forth in section 47114(c)(1)(B) of title 49, United 
     States Code.
       (C) Remaining amounts.--Any amount remaining after 
     distribution under subparagraph (B) shall be distributed to 
     the sponsor of each primary airport (as such term is defined 
     in section 47102 of title 49, United States Code) based on 
     each such primary airport's passenger enplanements compared 
     to the total passenger enplanements of all such primary 
     airports in calendar year 2019.
       (2) Federal share for development projects.--
       (A) In general.--Not more than $608,000,000 allocated under 
     subsection (a)(1) shall be available to pay a Federal share 
     of 100 percent of the costs for any grant awarded in fiscal 
     year 2021, or in fiscal year 2020 with less than a 100-
     percent Federal share, for an airport development project (as 
     such term is defined in section 47102 of title 49).
       (B) Remaining amounts.--Any amount remaining under this 
     paragraph shall be distributed as described in paragraph 
     (1)(C).
       (3) Nonprimary airports.--
       (A) In general.--Not more than $500,000,000 shall be made 
     available for general aviation and commercial service 
     airports that are not primary airports (as such terms are 
     defined in section 47102 of title 49, United States Code) for 
     costs related to operations, personnel, cleaning, 
     sanitization, janitorial services, combating the spread of 
     pathogens at the airport, and debt service payments.
       (B) Distribution.--Amounts made available under this 
     paragraph shall be apportioned to each non-primary airport 
     based on the categories published in the most current 
     National Plan of Integrated Airport Systems, reflecting the 
     percentage of the aggregate published eligible development 
     costs for each such category, and then dividing the allocated 
     funds evenly among the eligible airports in each category, 
     rounding up to the nearest thousand dollars.
       (C) Remaining amounts.--Any amount remaining under this 
     paragraph shall be distributed as described in paragraph 
     (1)(C).
       (4) Airport concessions.--
       (A) In general.--Not more than $1,000,000,000 shall be made 
     available for sponsors of primary airports to provide relief 
     from rent and minimum annual guarantees to airport 
     concessions.
       (B) Distribution.--The amounts made available for each set-
     aside in this paragraph shall be distributed to the sponsor 
     of each primary airport (as such term is defined in section 
     47102 of title 49, United States Code) based on each such 
     primary airport's passenger enplanements compared to the 
     total passenger enplanements of all such primary airports in 
     calendar year 2019.
       (C) Conditions.--As a condition of approving a grant under 
     this paragraph--
       (i) the sponsor shall provide such relief from the date of 
     enactment of this Act until the sponsor has provided relief 
     equaling the total grant amount, to the extent practicable 
     and to the extent permissible under State laws, local laws, 
     and applicable trust indentures; and
       (ii) for each set-aside, the sponsor shall provide relief 
     from rent and minimum annual guarantee obligations to each 
     eligible airport concession in an amount that reflects each 
     eligible airport concession's proportional share of the total 
     amount of the rent and minimum annual guarantees of those 
     eligible airport concessions at such airport.
       (c) Administration.--
       (1) Administrative expenses.--The Administrator of the 
     Federal Aviation Administration may retain up to 0.1 percent 
     of the funds provided under this section to fund the award 
     of, and oversight by the Administrator of, grants made under 
     this section.
       (2) Workforce retention requirements.--
       (A) Required retention.--As a condition for receiving funds 
     provided under this section, an airport shall continue to 
     employ, through September 30, 2021, at least 90 percent of 
     the number of individuals employed (after making adjustments 
     for retirements or voluntary employee separations) by the 
     airport as of March 27, 2020.
       (B) Waiver of retention requirement.--The Secretary shall 
     waive the workforce retention requirement if the Secretary 
     determines that--
       (i) the airport is experiencing economic hardship as a 
     direct result of the requirement; or
       (ii) the requirement reduces aviation safety or security.
       (C) Exception.--The workforce retention requirement shall 
     not apply to nonhub airports or nonprimary airports receiving 
     funds under this section.
       (D) Noncompliance.--Any financial assistance provided under 
     this section to an airport that fails to comply with the 
     workforce retention requirement described in subparagraph 
     (A), and does not otherwise qualify for a waiver or exception 
     under this paragraph, shall be subject to clawback by the 
     Secretary.
                                 ______