[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5569-S5682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2138. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        In section 40901(4)(A) of division D, strike clause (ii) 
     and insert the following:
       (ii) selected for funding under the competitive grant 
     program authorized pursuant to section 1602(f) of the 
     Reclamation Wastewater and Groundwater Study and Facilities 
     Act (43 U.S.C. 390h(f)), with funding under this subparagraph 
     to be provided in accordance with that section, 
     notwithstanding section 4013 of the Water Infrastructure 
     Improvements for the Nation Act (43 U.S.C. 390b note; Public 
     Law 114-322), except that--

       (I) section 1602(g)(2) of the Reclamation Wastewater and 
     Groundwater Study and Facilities Act (43 U.S.C. 390h(g)(2)) 
     shall not apply to amounts made available under this 
     subparagraph; and
       (II) the amounts made available under this subparagraph 
     shall not exceed the lesser of--

       (aa) notwithstanding section 1631(d) of the Reclamation 
     Wastewater and Groundwater Study and Facilities Act (43 
     U.S.C. 390h-13(d)), $30,000,000 for each water recycling and 
     reuse project provided funding under this subparagraph; and
       (bb) the amount that is equal to 25 percent of the costs of 
     the water recycling and reuse project provided funding under 
     this subparagraph; and
                                 ______
                                 
  SA 2139. Mrs. FEINSTEIN (for herself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        In division D, strike section 40909 and insert the 
     following:

     SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS 
                   FISCAL RECOVERY FUNDS TO MEET A NON-FEDERAL 
                   MATCHING REQUIREMENT FOR AUTHORIZED WATER 
                   PROJECTS.

       (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) 
     of the Social Security Act (42 U.S.C. 802(c)) is amended by 
     adding at the end the following:
       ``(4) Use of funds to satisfy non-federal matching 
     requirements for authorized water projects.--Funds provided 
     under this section for a project undertaken or funded by the 
     Bureau of Reclamation pursuant to an Act of Congress may be 
     used for purposes of satisfying any non-Federal matching 
     requirement required for the project.''.
       (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) 
     of the Social Security Act (42 U.S.C. 803(c)) is amended by 
     adding at the end the following:
       ``(5) Use of funds to satisfy non-federal matching, 
     maintenance of effort, or other expenditure requirement.--
     Funds provided under this section for a project undertaken or 
     funded by the Bureau of Reclamation pursuant to an Act of 
     Congress may be used for purposes of satisfying any non-
     Federal matching requirement required for the project.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     9901 of the American Rescue Plan Act of 2021 (Public Law 117-
     2; 135 Stat. 223).
                                 ______
                                 
  SA 2140. Ms. DUCKWORTH (for herself, Mr. Casey, and Mr. Brown) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 2690, line 11, insert after ``et seq.):'' the 
     following: ``Provided further, That an eligible entity that 
     receives a grant under this heading in this Act shall adopt a 
     plan under which the entity commits to pursuing public 
     transportation accessibility projects that: (1) enhance the 
     customer experience and maximize accessibility of rolling 
     stock and stations or facilities for passenger use for 
     individuals with disabilities, including accessibility for 
     individuals with physical disabilities, including those who 
     use wheelchairs, accessibility for individuals with sensory 
     disabilities, and accessibility for individuals with 
     intellectual or developmental disabilities; (2) improve the 
     operations of, provide efficiencies of service to, and 
     enhance the public transportation system for individuals with 
     disabilities; and (3) address equity of service to all riders 
     regardless of income, age, race, or ability, taking into 
     account historical and current service gaps for low-income 
     riders, older individuals, riders from communities of color, 
     and riders with disabilities:''.
                                 ______
                                 
  SA 2141. Mr. KAINE (for himself, Mr. Portman, and Mr. Ossoff) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the end of title III of division A, insert the 
     following:

     SEC. 13011. ESTABLISHING JOB TRAINING FEDERAL PELL GRANTS; 
                   ELIMINATING SHORT-TERM EDUCATION LOAN PROGRAMS; 
                   TECHNICAL CORRECTIONS.

       (a) Eliminating Short-term Education Loan Programs.--
     Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1088(b)) is amended by adding at the end the following:
       ``(5) The Secretary shall eliminate the short-term 
     education loan program, as authorized under paragraph (2), on 
     the date that is 120 days after the date the Secretary 
     establishes the application for Job Training Federal Pell 
     Grants under section 401(k).''.
       (b) Technical Corrections.--Section 481(d) of the Higher 
     Education Act of 1965 (20 U.S.C. 1088(d)) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A), by striking ``under section 
     12301(a), 12301(g), 12302, 12304, or 12306 of title 10, 
     United States Code, or any retired member of an Armed Force 
     ordered to active duty under section 688 of such title,'' and 
     inserting ``, or any retired member of an Armed Force ordered 
     to active duty,''; and
       (B) in subparagraph (B), by striking ``an Armed Force'' and 
     inserting ``a Uniformed Service''; and
       (2) in paragraph (5), by striking ``and supported by 
     Federal funds''.
       (c) Current Enactment of Job Training Federal Pell Grant 
     Program.--Section 401 of the Higher Education Act of 1965 (20 
     U.S.C. 1070a) is amended by adding at the end the following:
       ``(k) Job Training Federal Pell Grant Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Career and technical education.--The term `career and 
     technical education' has the meaning given the term in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act.
       ``(B) Eligible job training program.--
       ``(i) In general.--The term `eligible job training program' 
     means a career and technical education program at an eligible 
     institution of higher education that--

       ``(I) provides not less than 150, and not more than 600, 
     clock hours of instructional time over a period of not less 
     than 8 weeks and not more than 15 weeks;
       ``(II) provides training aligned with the requirements of 
     high-skill, high-wage, or in-demand industry sectors or 
     occupations in the State or local area in which the job 
     training program is provided, as determined by--

       ``(aa) a State board or local board;
       ``(bb) a State plan, as described in section 122(d)(13)(C) 
     of the Carl D. Perkins Career and Technical Education Act of 
     2006; or
       ``(cc) a comprehensive local needs assessment, as described 
     in section 134(c) of the Carl D. Perkins Career and Technical 
     Education Act of 2006;

       ``(III) is a program--

       ``(aa) provided through an eligible training provider, as 
     described under section 122(d) of the Workforce Innovation 
     and Opportunity Act; and

[[Page S5570]]

       ``(bb) subject to the reporting requirements of section 
     116(d)(4) of the Workforce Innovation and Opportunity Act, or 
     would be subject to such requirements except for a waiver 
     issued to a State under section 189(i) of the Workforce 
     Innovation and Opportunity Act;

       ``(IV) provides a student, upon completion of the program, 
     with a degree or recognized postsecondary credential that is 
     stackable and portable across multiple employers and 
     geographical areas;
       ``(V) has demonstrated that the median change in total 
     earnings for students who complete the program is an increase 
     of not less than 20 percent, in accordance with paragraph 
     (2);
       ``(VI) publishes prominently on the website of the 
     institution, and provides a written disclosure to each 
     prospective student prior to entering into an enrollment 
     agreement for such program (which each such student shall 
     confirm receiving through a written affirmation prior to 
     entering such enrollment agreement) containing, at a minimum, 
     the following information calculated, as applicable, in 
     accordance with paragraph (8)--

       ``(aa) the required tuition and fees of the program;
       ``(bb) the difference between required tuition and fees 
     described in item (aa) and any grant aid (which does not need 
     to be repaid) provided to the student;
       ``(cc) the completion rate of the program;
       ``(dd) the percentage of students placed or retained in 
     employment, measured at not less than 6 months and 1 year, 
     respectively, after completion of the program;
       ``(ee) total earnings of students who complete the program 
     not less than 6 months after completion of the program;
       ``(ff) total earnings of students who do not complete the 
     program;
       ``(gg) the ratio of the amount that is the difference 
     between required tuition and fees and any grant aid provided 
     to the student described in item (bb) to the total earnings 
     of students who complete the program not less than 6 months 
     after completion of the program described in item (ee);
       ``(hh) an explanation, in clear and plain language, of the 
     ratio described in item (gg); and
       ``(ii) in the case of a job training program that prepares 
     students for a professional license or certification exam, 
     the share of such students who pass such exams;

       ``(VII) has been determined by the eligible institution of 
     higher education (after validation of that determination by 
     an industry or sector partnership or State board or local 
     board) to provide academic content, an amount of 
     instructional time, and competencies to satisfy any 
     applicable educational requirement for professional licensure 
     or certification, so that the student who completes the 
     program and seeks employment is qualified to take any 
     licensure or certification examination needed to practice or 
     find employment in such sectors or occupations that the 
     program prepares students to enter;
       ``(VIII) has been in operation for not less than 1 year 
     prior to becoming an eligible job training program under this 
     subsection;
       ``(IX) does not exceed by more than 50 percent the minimum 
     number of clock hours required by a State to receive a 
     professional license or certification in the State, if the 
     State has established such a requirement;
       ``(X) includes institutional credit articulation for a 
     student enrolled in a noncredit job training program;
       ``(XI) is not offered exclusively through distance 
     education or a correspondence course, except as determined by 
     the Secretary to be necessary, on a temporary basis, in 
     connection with a--

       ``(aa) major disaster or emergency declared by the 
     President under section 401 or 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
     and 5191); or
       ``(bb) national emergency declared by the President under 
     section 201 of the National Emergencies Act (50 U.S.C. 1601 
     et seq.);

       ``(XII) is provided not less than 50 percent directly by 
     the eligible institution of higher education;
       ``(XIII) may include integrated education and training; and
       ``(XIV) may be offered as part of a program that--

       ``(aa) meets the requirements of section 484(d)(2);
       ``(bb) is part of a career pathway, as defined in section 3 
     of the Workforce Innovation and Opportunity Act; and
       ``(cc) is aligned to a program of study, as defined in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006.
       ``(ii) Approval by the secretary.--

       ``(I) In general.--In the case of a program that is seeking 
     to establish initial eligibility as an eligible job training 
     program under this subparagraph, the Secretary shall make a 
     determination whether the program meets the requirements of 
     this subparagraph not more than 120 days after the date on 
     which such program is submitted for consideration as an 
     eligible job training program. If the Secretary determines 
     the program meets the requirements of this paragraph, the 
     Secretary shall grant an initial period of approval of 2 
     years. The Secretary shall enable institutions to apply for 
     eligible job training program approval not later than 1 year 
     after the date of enactment of the Infrastructure Investment 
     and Jobs Act.
       ``(II) Publication of application.--Not later than 1 year 
     after the date of enactment of the Infrastructure Investment 
     and Jobs Act, the Secretary shall publish the application for 
     job training programs to submit for approval as eligible job 
     training programs. The information required to determine 
     eligibility in such application shall be consistent with the 
     requirements described in this subparagraph.

       ``(iii) Renewal of approval by the secretary.--An eligible 
     job training program that desires to continue eligibility as 
     an eligible job training program after the period of initial 
     approval described in clause (ii), or the subsequent period 
     described in this clause, shall submit a renewal application 
     to the Secretary (with such information as the Secretary may 
     require), not more than 270 days and not less than 180 days 
     before the end of the previous approval period. If the 
     Secretary determines the program meets such requirements, the 
     Secretary shall grant another period of approval for 3 years.
       ``(iv) Periodic review by the secretary.--The Secretary 
     shall periodically review a program previously approved under 
     clause (ii) or (iii) to determine whether such program is 
     meeting the requirements of an eligible job training program 
     described in this subsection.
       ``(v) Revocation of approval by the secretary.--If at any 
     time the Secretary determines that a program previously 
     approved under clause (ii) or (iii) is no longer meeting any 
     of the requirements of an eligible job training program 
     described in this subsection, the Secretary--

       ``(I) shall deny a subsequent renewal of approval in 
     accordance with clause (iii) for such program after the 
     expiration of the approval period;
       ``(II) may withdraw approval for such program before the 
     expiration of the approval period;
       ``(III) shall ensure students who enrolled in such programs 
     have access to transcripts for completed coursework without a 
     fee or monetary charge and without regard to any balance owed 
     to the institution; and
       ``(IV) shall prohibit such program and any substantially 
     similar program, from being considered an eligible job 
     training described in this subsection for a period of not 
     less than 5 years.

       ``(vi) Additional assurance by state board.--The Secretary 
     shall not determine that a program is an eligible job 
     training program in accordance with clause (ii) unless the 
     Secretary receives a certification from the State board 
     representing the State in which the eligible job training 
     program is provided, containing an assurance that the program 
     meets the requirements of clause (i).
       ``(C) Total earnings.--For the purposes of this subsection, 
     the term `total earnings' means the median annual earnings.
       ``(D) Eligible institution of higher education.--For the 
     purposes of this subsection, the term `eligible institution 
     of higher education' means--
       ``(i) an institution of higher education, as defined in 
     section 101;
       ``(ii) a postsecondary vocational institution, as defined 
     in section 102(c); and
       ``(iii) an institution of higher education--

       ``(I) approved by an accrediting agency or association that 
     meets the requirements of section 496(a)(4)(C);
       ``(II) that has not been a proprietary institution of 
     higher education, as defined in section 102(b), within the 
     previous 3 years; and
       ``(III) that has not been subject, during any of the 
     preceding 5 years, to--

       ``(aa) any suspension, emergency action, or termination of 
     programs under this title;
       ``(bb) any adverse action by the institution's accrediting 
     agency or association; or
       ``(cc) any action by the State to revoke a license or other 
     authority to operate.
       ``(E) Institutional credit articulation.--The term 
     `institutional credit articulation' means the situation where 
     an institution of higher education provides a student who has 
     completed a noncredit program with the equivalent academic 
     credit that may be applied to a subsequent credit-bearing 
     certificate or degree program upon enrollment in such program 
     at such institution.
       ``(F) WIOA definitions.--The terms `industry or sector 
     partnership', `in-demand industry sector or occupation', 
     `recognized postsecondary credential', `local board', and 
     `State board' have the meanings given such terms in section 3 
     of the Workforce Innovation and Opportunity Act.
       ``(2) Total earnings increase requirement.--
       ``(A) In general.--Subject to subparagraph (B), as a 
     condition of participation under this subsection, the 
     Secretary shall, using the data collected under paragraph (8) 
     and such other information as the Secretary may require, 
     determine whether such job training program meets the 
     requirements of paragraph (1)(B)(i)(V) with respect to 
     whether the median change in annual earnings for students who 
     complete the program is an increase of not less than 20 
     percent of the total earnings of such students before 
     enrollment in the program. For the purposes of this 
     paragraph, the Secretary shall determine such percentage 
     change by calculating the difference between the total 
     earnings of students who enroll in such programs not more 
     than 6 months prior to enrollment, and the total earnings of 
     students who complete such program not more than 6 months 
     after completing such program.
       ``(B) Date of effect.--The requirement under this paragraph 
     shall take effect beginning on the date that is 1 year after 
     the date the program has been approved as an eligible job 
     training program under this subsection.

[[Page S5571]]

       ``(3) Appeal of earnings information.--The Secretary's 
     determination under paragraph (2) may include an appeals 
     process to permit job training programs to submit alternate 
     discretionary or total earnings data, respectively, provided 
     that such data are statistically rigorous, accurate, 
     comparable, and representative of students who complete the 
     program.
       ``(4) Authorization of awards.--The Secretary shall award 
     Federal Pell Grants to students in eligible job training 
     programs (referred to as a `job training Federal Pell 
     Grant'). Each eligible job training Federal Pell Grant 
     awarded under this subsection shall have the same terms and 
     conditions, and be awarded in the same manner, as other 
     Federal Pell Grants awarded under subsection (b), except a 
     student who is eligible to receive a job training Federal 
     Pell Grant under this subsection is a student who--
       ``(A) has not yet attained a postbaccalaureate degree;
       ``(B) is enrolled, or accepted for enrollment, in an 
     eligible job training program at an eligible institution of 
     higher education; and
       ``(C) meets all other eligibility requirements for a 
     Federal Pell Grant (except with respect to the type of 
     program of study, as provided in subparagraph (B)).
       ``(5) Amount of award.--The amount of a job training 
     Federal Pell Grant for an eligible student shall be 
     determined under subsection (b), except that a student who is 
     eligible for less than the minimum Federal Pell Grant because 
     the eligible job training program is less than an academic 
     year (in clock-hours and weeks of instructional time) may 
     still be eligible for a Federal Pell Grant.
       ``(6) Inclusion in total eligibility period.--Any period 
     during which a student receives a job training Federal Pell 
     Grant under this subsection shall be included in calculating 
     the student's period of eligibility for Federal Pell Grants 
     under subsection (d), and the eligibility requirements 
     regarding students who are enrolled in an undergraduate 
     program on less than a full-time basis shall similarly apply 
     to students who are enrolled in an eligible job training 
     program at an eligible institution of higher education on 
     less than a full-time basis.
       ``(7) Same payment period.--No student may for the same 
     payment period receive both a job training Federal Pell Grant 
     under this subsection and a Federal Pell Grant under this 
     section.
       ``(8) Interagency data sharing and data collection.--
       ``(A) Interagency data sharing.--The Secretary shall 
     coordinate and enter into a data sharing agreement with the 
     Secretary of Labor to ensure access to data necessary to 
     implement this paragraph, including such data related to 
     indicators of performance collected under section 116 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3141).
       ``(B) Data on eligible job training programs.--Except as 
     provided under subparagraph (C), each institution of higher 
     education offering an eligible job training program for which 
     the Secretary awards job training Federal Pell Grants under 
     this subsection, the Secretary shall, on at least an annual 
     basis, collect and publish data with respect to each such 
     eligible job training program, including the following:
       ``(i) The number and demographics of students who enroll in 
     the program, including, at a minimum, disaggregated by--

       ``(I) sex;
       ``(II) race and ethnicity;
       ``(III) classification as a student with a disability;
       ``(IV) income quintile, as defined by the Secretary;
       ``(V) recipients of assistance under a tuition assistance 
     program conducted by the Department of Defense under section 
     1784a or 2007 of title 10, United States Code (or other 
     authorities available to the Department of Defense), or 
     status as a veteran;
       ``(VI) status as a first-time student or transfer student 
     from another institution;
       ``(VII) status as a first-generation student;
       ``(VIII) status as parent or guardian of 1 or more 
     dependent children; and
       ``(IX) status as a confined or incarcerated individual, as 
     defined under section 484(t)(1)(A).

       ``(ii) The number and demographics, disaggregated by the 
     categories listed in clause (i), including, at a minimum, 
     of--

       ``(I) students who complete the program; and
       ``(II) students who do not complete the program.

       ``(iii) The required tuition and fees of the program.
       ``(iv) The earnings of students, disaggregated by the 
     categories listed in clause (i), including, at a minimum--

       ``(I) total earnings of students who complete the program; 
     and
       ``(II) total earnings of students who do not complete the 
     program.

       ``(v) Additional outcomes of the students who complete the 
     program, disaggregated by the categories listed in clause 
     (i), including, at a minimum--

       ``(I) the completion rate of such students;
       ``(II) the percentage of such students placed or retained 
     in employment, measured at not less than 6 months and 1 year, 
     respectively, after completion of the program;
       ``(III) in the case of a job training program that prepares 
     students for a professional license or certification exam, 
     the share of such students who pass such exams;
       ``(IV) the share of such students who continue enrollment 
     at the institution of higher education offering the program 
     within 1 year;
       ``(V) the share of such students who transfer to another 
     institution of higher education within 1 year; and
       ``(VI) the share of such students who complete a subsequent 
     certificate or degree program within 6 years.

       ``(C) Exceptions.--Notwithstanding any other provision of 
     this paragraph--
       ``(i) if disclosure of disaggregated data under 
     subparagraph (B) is prohibited from disclosure due to 
     applicable privacy restrictions, the Secretary may take such 
     steps as the Secretary determines necessary to provide 
     meaningful disaggregated student demographic or outcome 
     information, including by combining categories; and
       ``(ii) an institution may submit, and the Secretary may 
     publish, data required to be collected under subparagraph (B) 
     that is obtained through a State Unemployment Insurance 
     Agency or through other supplemental means, in lieu of any 
     additional data collection, provided that such data are 
     statistically rigorous, accurate, comparable, and 
     representative.
       ``(D) Report.--Not later than July 1, 2025, the Secretary 
     shall--
       ``(i) submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives a report on the impact 
     of an eligible job training program for which the Secretary 
     awards job training Federal Pell Grants under this 
     subsection, based on the most recent data collected under 
     subparagraph (B); and
       ``(ii) make the report described in clause (i) available 
     publicly on the website of the Department.''.
       (d) Future Enactment of Job Training Federal Pell Grant 
     Program.--
       (1) In general.--Section 401 of the Higher Education Act of 
     1965 (20 U.S.C. 1070a), as amended by section 703 of the 
     FAFSA Simplification Act (title VII of division FF of Public 
     Law 116-260), is further amended by adding at the end the 
     following:
       ``(k) Job Training Federal Pell Grant Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Career and technical education.--The term `career and 
     technical education' has the meaning given the term in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006.
       ``(B) Eligible job training program.--
       ``(i) In general.--The term `eligible job training program' 
     means a career and technical education program at an eligible 
     institution of higher education that--

       ``(I) provides not less than 150, and not more than 600, 
     clock hours of instructional time over a period of not less 
     than 8 weeks and not more than 15 weeks;
       ``(II) provides training aligned with the requirements of 
     high-skill, high-wage, or in-demand industry sectors or 
     occupations in the State or local area in which the job 
     training program is provided, as determined by--

       ``(aa) a State board or local board;
       ``(bb) a State plan, as described in section 122(d)(13)(C) 
     of the Carl D. Perkins Career and Technical Education Act of 
     2006; or
       ``(cc) a comprehensive local needs assessment, as described 
     in section 134(c) of the Carl D. Perkins Career and Technical 
     Education Act of 2006;

       ``(III) is a program--

       ``(aa) provided through an eligible training provider, as 
     described under section 122(d) of the Workforce Innovation 
     and Opportunity Act; and
       ``(bb) subject to the reporting requirements of section 
     116(d)(4) of the Workforce Innovation and Opportunity Act, or 
     would be subject to such requirements except for a waiver 
     issued to a State under section 189(i) of the Workforce 
     Innovation and Opportunity Act;

       ``(IV) provides a student, upon completion of the program, 
     with a degree or recognized postsecondary credential that is 
     stackable and portable across multiple employers and 
     geographical areas;
       ``(V) has demonstrated that the median change in total 
     earnings for students who complete the program is an increase 
     of not less than 20 percent, in accordance with paragraph 
     (2);
       ``(VI) publishes prominently on the website of the 
     institution, and provides a written disclosure to each 
     prospective student prior to entering into an enrollment 
     agreement for such program (which each such student shall 
     confirm receiving through a written affirmation prior to 
     entering such enrollment agreement) containing, at a minimum, 
     the following information calculated, as applicable, in 
     accordance with paragraph (8)--

       ``(aa) the required tuition and fees of the program;
       ``(bb) the difference between required tuition and fees 
     described in item (aa) and any grant aid (which does not need 
     to be repaid) provided to the student;
       ``(cc) the completion rate of the program;
       ``(dd) the percentage of students placed or retained in 
     employment, measured at not less than 6 months and 1 year, 
     respectively, after completion of the program;
       ``(ee) total earnings of students who complete the program 
     not less than 6 months after completion of the program;
       ``(ff) total earnings of students who do not complete the 
     program;
       ``(gg) the ratio of the amount that is the difference 
     between required tuition and fees and any grant aid provided 
     to the student described in item (bb) to the total earnings 
     of students who complete the program not less

[[Page S5572]]

     than 6 months after completion of the program described in 
     item (ee);
       ``(hh) an explanation, in clear and plain language, of the 
     ratio described in item (gg); and
       ``(ii) in the case of a job training program that prepares 
     students for a professional license or certification exam, 
     the share of such students who pass such exams;

       ``(VII) has been determined by the eligible institution of 
     higher education (after validation of that determination by 
     an industry or sector partnership or State board or local 
     board) to provide academic content, an amount of 
     instructional time, and competencies to satisfy any 
     applicable educational requirement for professional licensure 
     or certification, so that the student who completes the 
     program and seeks employment is qualified to take any 
     licensure or certification examination needed to practice or 
     find employment in such sectors or occupations that the 
     program prepares students to enter;
       ``(VIII) has been in operation for not less than 1 year 
     prior to becoming an eligible job training program under this 
     subsection;
       ``(IX) does not exceed by more than 50 percent the minimum 
     number of clock hours required by a State to receive a 
     professional license or certification in the State, if the 
     State has established such a requirement;
       ``(X) includes institutional credit articulation for a 
     student enrolled in a noncredit job training program;
       ``(XI) is not offered exclusively through distance 
     education or a correspondence course, except as determined by 
     the Secretary to be necessary, on a temporary basis, in 
     connection with a--

       ``(aa) major disaster or emergency declared by the 
     President under section 401 or 501 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
     and 5191); or
       ``(bb) national emergency declared by the President under 
     section 201 of the National Emergencies Act (50 U.S.C. 1601 
     et seq.);

       ``(XII) is provided not less than 50 percent directly by 
     the eligible institution of higher education;
       ``(XIII) may include integrated education and training; and
       ``(XIV) may be offered as part of a program that--

       ``(aa) meets the requirements of section 484(d)(2);
       ``(bb) is part of a career pathway, as defined in section 3 
     of the Workforce Innovation and Opportunity Act; and
       ``(cc) is aligned to a program of study, as defined in 
     section 3 of the Carl D. Perkins Career and Technical 
     Education Act of 2006.
       ``(ii) Approval by the secretary.--

       ``(I) In general.--In the case of a program that is seeking 
     to establish initial eligibility as an eligible job training 
     program under this subparagraph, the Secretary shall make a 
     determination whether the program meets the requirements of 
     this subparagraph not more than 120 days after the date on 
     which such program is submitted for consideration as an 
     eligible job training program. If the Secretary determines 
     the program meets the requirements of this paragraph, the 
     Secretary shall grant an initial period of approval of 2 
     years. The Secretary shall enable institutions to apply for 
     eligible job training program approval not later than 1 year 
     after the date of enactment of the Infrastructure Investment 
     and Jobs Act.
       ``(II) Publication of application.--Not later than 1 year 
     after the date of enactment of the Infrastructure Investment 
     and Jobs Act, the Secretary shall publish the application for 
     job training programs to submit for approval as eligible job 
     training programs. The information required to determine 
     eligibility in such application shall be consistent with the 
     requirements described in this subparagraph.

       ``(iii) Renewal of approval by the secretary.--An eligible 
     job training program that desires to continue eligibility as 
     an eligible job training program after the period of initial 
     approval described in clause (ii), or the subsequent period 
     described in this clause, shall submit a renewal application 
     to the Secretary (with such information as the Secretary may 
     require), not more than 270 days and not less than 180 days 
     before the end of the previous approval period. If the 
     Secretary determines the program meets such requirements, the 
     Secretary shall grant another period of approval for 3 years.
       ``(iv) Periodic review by the secretary.--The Secretary 
     shall periodically review a program previously approved under 
     clause (ii) or (iii) to determine whether such program is 
     meeting the requirements of an eligible job training program 
     described in this subsection.
       ``(v) Revocation of approval by the secretary.--If at any 
     time the Secretary determines that a program previously 
     approved under clause (ii) or (iii) is no longer meeting any 
     of the requirements of an eligible job training program 
     described in this subsection, the Secretary--

       ``(I) shall deny a subsequent renewal of approval in 
     accordance with clause (iii) for such program after the 
     expiration of the approval period;
       ``(II) may withdraw approval for such program before the 
     expiration of the approval period;
       ``(III) shall ensure students who enrolled in such programs 
     have access to transcripts for completed coursework without a 
     fee or monetary charge and without regard to any balance owed 
     to the institution; and
       ``(IV) shall prohibit such program and any substantially 
     similar program, from being considered an eligible job 
     training described in this subsection for a period of not 
     less than 5 years.

       ``(vi) Additional assurance by state board.--The Secretary 
     shall not determine that a program is an eligible job 
     training program in accordance with clause (ii) unless the 
     Secretary receives a certification from the State board 
     representing the State in which the eligible job training 
     program is provided, containing an assurance that the program 
     meets the requirements of clause (i).
       ``(C) Total earnings.--For the purposes of this subsection, 
     the term `total earnings' means the median annual earnings.
       ``(D) Eligible institution of higher education.--For the 
     purposes of this subsection, the term `eligible institution 
     of higher education' means--
       ``(i) an institution of higher education, as defined in 
     section 101;
       ``(ii) a postsecondary vocational institution, as defined 
     in section 102(c); and
       ``(iii) an institution of higher education--

       ``(I) approved by an accrediting agency or association that 
     meets the requirements of section 496(a)(4)(C);
       ``(II) that has not been a proprietary institution of 
     higher education, as defined in section 102(b), within the 
     previous 3 years; and
       ``(III) that has not been subject, during any of the 
     preceding 5 years, to--

       ``(aa) any suspension, emergency action, or termination of 
     programs under this title;
       ``(bb) any adverse action by the institution's accrediting 
     agency or association; or
       ``(cc) any action by the State to revoke a license or other 
     authority to operate.
       ``(E) Institutional credit articulation.--The term 
     `institutional credit articulation' means the situation where 
     an institution of higher education provides a student who has 
     completed a noncredit program with the equivalent academic 
     credit that may be applied to a subsequent credit-bearing 
     certificate or degree program upon enrollment in such program 
     at such institution.
       ``(F) WIOA definitions.--The terms `industry or sector 
     partnership', `in-demand industry sector or occupation', 
     `recognized postsecondary credential', `local board', and 
     `State board' have the meanings given such terms in section 3 
     of the Workforce Innovation and Opportunity Act.
       ``(2) Total earnings increase requirement.--
       ``(A) In general.--Subject to subparagraph (B), as a 
     condition of participation under this subsection, the 
     Secretary shall, using the data collected under paragraph (8) 
     and such other information as the Secretary may require, 
     determine whether such job training program meets the 
     requirements of paragraph (1)(B)(i)(V) with respect to 
     whether the median change in annual earnings for students who 
     complete the program is an increase of not less than 20 
     percent of the total earnings of such students before 
     enrollment in the program. For the purposes of this 
     paragraph, the Secretary shall determine such percentage 
     increase by calculating the difference between the total 
     earnings of students who enroll in such programs not more 
     than 6 months prior to enrollment, and the earnings of 
     students who complete such program not more than 6 months 
     after completing such program.
       ``(B) Date of effect.--The requirement under this paragraph 
     shall take effect beginning on the date that is 1 year after 
     the date the program has been approved as an eligible job 
     training program under this subsection.
       ``(3) Appeal of earnings information.--The Secretary's 
     determination under paragraph (2) may include an appeals 
     process to permit job training programs to submit alternate 
     discretionary or total earnings data, respectively, provided 
     that such data are statistically rigorous, accurate, 
     comparable, and representative of students who complete the 
     program.
       ``(4) Authorization of awards.--The Secretary shall award 
     Federal Pell Grants to students in eligible job training 
     programs (referred to as a `job training Federal Pell 
     Grant'). Each eligible job training Federal Pell Grant 
     awarded under this subsection shall have the same terms and 
     conditions, and be awarded in the same manner, as other 
     Federal Pell Grants awarded under subsection (b), except a 
     student who is eligible to receive a job training Federal 
     Pell Grant under this subsection is a student who--
       ``(A) has not yet attained a postbaccalaureate degree;
       ``(B) is enrolled, or accepted for enrollment, in an 
     eligible job training program at an eligible institution of 
     higher education; and
       ``(C) meets all other eligibility requirements for a 
     Federal Pell Grant (except with respect to the type of 
     program of study, as provided in subparagraph (B)).
       ``(5) Amount of award.--The amount of a job training 
     Federal Pell Grant for an eligible student shall be 
     determined under subsection (b), except that a student who is 
     eligible for less than the minimum Federal Pell Grant because 
     the eligible job training program is less than an academic 
     year (in clock-hours and weeks of instructional time) may 
     still be eligible for a Federal Pell Grant.
       ``(6) Inclusion in total eligibility period.--Any period 
     during which a student receives a job training Federal Pell 
     Grant under this subsection shall be included in calculating 
     the student's period of eligibility for Federal Pell Grants 
     under subsection (d), and the eligibility requirements 
     regarding

[[Page S5573]]

     students who are enrolled in an undergraduate program on less 
     than a full-time basis shall similarly apply to students who 
     are enrolled in an eligible job training program at an 
     eligible institution of higher education on less than a full-
     time basis.
       ``(7) Same payment period.--No student may for the same 
     payment period receive both a job training Federal Pell Grant 
     under this subsection and a Federal Pell Grant under this 
     section.
       ``(8) Interagency data sharing and data collection.--
       ``(A) Interagency data sharing.--The Secretary shall 
     coordinate and enter into a data sharing agreement with the 
     Secretary of Labor to ensure access to data necessary to 
     implement this paragraph, including such data related to 
     indicators of performance collected under section 116 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3141).
       ``(B) Data on eligible job training programs.--Except as 
     provided under subparagraph (C), each institution of higher 
     education offering an eligible job training program for which 
     the Secretary awards job training Federal Pell Grants under 
     this subsection, the Secretary shall, on at least an annual 
     basis, collect and publish data with respect to each such 
     eligible job training program, including the following:
       ``(i) The number and demographics of students who enroll in 
     the program, including, at a minimum, disaggregated by--

       ``(I) sex;
       ``(II) race and ethnicity;
       ``(III) classification as a student with a disability;
       ``(IV) income quintile, as defined by the Secretary;
       ``(V) recipients of assistance under a tuition assistance 
     program conducted by the Department of Defense under section 
     1784a or 2007 of title 10, United States Code (or other 
     authorities available to the Department of Defense), or 
     status as a veteran;
       ``(VI) status as a first-time student or transfer student 
     from another institution;
       ``(VII) status as a first-generation student;
       ``(VIII) status as parent or guardian of 1 or more 
     dependent children; and
       ``(IX) status as a confined or incarcerated individual, as 
     defined under section 484(t)(1)(A).

       ``(ii) The number and demographics, disaggregated by the 
     categories listed in clause (i), including, at a minimum, 
     of--

       ``(I) students who complete the program; and
       ``(II) students who do not complete the program.

       ``(iii) The required tuition and fees of the program.
       ``(iv) The earnings of students, disaggregated by the 
     categories listed in clause (i), including, at a minimum--

       ``(I) total earnings of students who complete the program; 
     and
       ``(II) total earnings of students who do not complete the 
     program.

       ``(v) Additional outcomes of the students who complete the 
     program, disaggregated by the categories listed in clause 
     (i), including, at a minimum--

       ``(I) the completion rate of such students;
       ``(II) the percentage of such students placed or retained 
     in employment, measured at not less than 6 months and 1 year, 
     respectively, after completion of the program;
       ``(III) in the case of a job training program that prepares 
     students for a professional license or certification exam, 
     the share of such students who pass such exams;
       ``(IV) the share of such students who continue enrollment 
     at the institution of higher education offering the program 
     within 1 year;
       ``(V) the share of such students who transfer to another 
     institution of higher education within 1 year; and
       ``(VI) the share of such students who complete a subsequent 
     certificate or degree program within 6 years.

       ``(C) Exceptions.--Notwithstanding any other provision of 
     this paragraph--
       ``(i) if disclosure of disaggregated data under 
     subparagraph (B) is prohibited from disclosure due to 
     applicable privacy restrictions, the Secretary may take such 
     steps as the Secretary determines necessary to provide 
     meaningful disaggregated student demographic or outcome 
     information, including by combining categories; and
       ``(ii) an institution may submit, and the Secretary may 
     publish, data required to be collected under subparagraph (B) 
     that is obtained through a State Unemployment Insurance 
     Agency or through other supplemental means, in lieu of any 
     additional data collection, provided that such data are 
     statistically rigorous, accurate, comparable, and 
     representative.
       ``(D) Report.--Not later than July 1, 2025, the Secretary 
     shall--
       ``(i) submit to the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on Education and 
     Labor of the House of Representatives a report on the impact 
     of an eligible job training program for which the Secretary 
     awards job training Federal Pell Grants under this 
     subsection, based on the most recent data collected under 
     subparagraph (B); and
       ``(ii) make the report described in clause (i) available 
     publicly on the website of the Department.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in section 703 of the FAFSA 
     Simplification Act (title VII of division FF of Public Law 
     116-260).
       (e) Workforce Innovation and Opportunity Act Amendment.--
     Section 116(i) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3141(i)) is amended by adding at the end the 
     following:
       ``(4) Interagency data sharing for job training federal 
     pell grant program.--The Secretary of Labor shall coordinate 
     and enter into a data sharing agreement with the Secretary of 
     Education to ensure access to data necessary to implement 
     section 401(k) of the Higher Education Act of 1965 (20 U.S.C. 
     1070a(k)), as added by section 13011 of the Infrastructure 
     Investment and Jobs Act, including such applicable data 
     related to unemployment insurance, wage information, 
     employment-related outcomes, and indicators of performance 
     collected under this section.''.
       (f) Accrediting Agency Recognition of Eligible Job Training 
     Programs.--Section 496(a)(4) of the Higher Education Act of 
     1965 (20 U.S.C. 1099b(a)(4)) is amended--
       (1) in subparagraph (A), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (B)(ii), by inserting ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(C) if such agency or association has or seeks to include 
     within its scope of recognition the evaluation of the quality 
     of institutions of higher education participating in the job 
     training Federal Pell Grant program under section 401(k), 
     such agency or association shall, in addition to meeting the 
     other requirements of this subpart, demonstrate to the 
     Secretary that, with respect to such eligible job training 
     programs (as defined in that subsection)--
       ``(i) the agency or association's standards include a 
     process for determining if the institution has the capability 
     to effectively offer an eligible job training program; and
       ``(ii) the agency or association requires a demonstration 
     that the program--

       ``(I) has identified each recognized postsecondary 
     credential offered in the relevant industry in the State or 
     local area where the industry is located; and
       ``(II) provides academic content, an amount of 
     instructional time, and competencies to satisfy any 
     applicable educational requirement for professional licensure 
     or certification, so that a student who completes the program 
     and seeks employment is qualified to take any licensure or 
     certification examination needed to practice or find 
     employment in the sectors or occupations that the program 
     prepares students to enter.''.

       (g) Rescission.--Of the amounts appropriated under section 
     401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 
     U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, 
     $120,000,000 are rescinded.
       (h) Effective Date.--Except as otherwise provided, this 
     section and the amendments made by this section shall take 
     effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2142. Mr. MARKEY (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NORTH ATLANTIC RAIL INTERSTATE COMPACT.

       (a) In General.--Chapter 249 of title 49, United States 
     Code, is amended by inserting after section 24905 the 
     following:

     ``Sec. 24905A. North Atlantic Rail Interstate Compact; North 
       Atlantic Rail Network

       ``(a) North Atlantic Rail Interstate Compact.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of the enactment of this section, the Secretary of 
     Transportation shall appoint a director for the North 
     Atlantic Rail Interstate Compact (referred to in this section 
     as the `Compact') in collaboration with states identified in 
     paragraph (2)(A).
       ``(2) Board of directors.--
       ``(A) Composition.--The Compact shall be governed by a 
     board of directors, which shall be composed of directors, of 
     whom--
       ``(i) 2 directors shall be appointed by the Secretary of 
     Transportation;
       ``(ii) 1 director shall be appointed by the Chief Executive 
     Officer of Amtrak;
       ``(iii) 2 directors shall be appointed by the Governor of 
     Connecticut;
       ``(iv) 2 directors shall be appointed by the Governor of 
     Maine;
       ``(v) 2 directors shall be appointed by the Governor of 
     Massachusetts;
       ``(vi) 2 directors shall be appointed by the Governor of 
     New Hampshire;
       ``(vii) 2 directors shall be appointed by the Governor of 
     New York;
       ``(viii) 2 directors shall be appointed by the Governor of 
     Rhode Island; and
       ``(ix) 2 directors shall be appointed by the Governor of 
     Vermont.
       ``(B) Term; qualifications.--Of the individuals appointed 
     pursuant to each of the clauses (iii) through (ix) of 
     paragraph (1)--
       ``(i) 1 shall be the head of the respective State 
     department of transportation; and
       ``(ii) the other director appointed by the respective 
     governor--

       ``(I) shall serve for a 5-year term;
       ``(II) shall be a resident of the appointing governor's 
     State;

[[Page S5574]]

       ``(III) may not be an employee of the government of such 
     State; and
       ``(IV) shall be an expert in transportation policy, 
     finance, public policy, planning or a related discipline 
     associated with the purpose and mission of the Compact.

       ``(C) No compensation.--Directors shall serve without pay, 
     but shall receive travel expenses, including per diem in lieu 
     of subsistence, in accordance with applicable provisions of 
     subchapter I of chapter 57 of title 5, United States Code.
       ``(3) Purpose.--The purpose of the Compact shall be to 
     construct, on an accelerated basis, a North Atlantic Rail 
     Network in order--
       ``(A) to provide clean, safe, coordinated and efficient 
     high-speed and high-performance passenger rail transportation 
     in the 7-State North Atlantic Rail Network region; including 
     the improvement of existing intercity passenger rail 
     services;
       ``(B) to reduce carbon emissions from auto and air 
     transportation in such region in order to meet the greenhouse 
     gas performance targets established under section 150(d) of 
     title 23; and
       ``(C) to provide employment opportunities and economic 
     development in the cities and regions served by a North 
     Atlantic Rail Network.
       ``(4) Staffing.--The directors and officers of the Compact 
     may appoint and fix the pay of such personnel, as they 
     consider necessary and appropriate, to advance the design and 
     construction of a North Atlantic Rail Network.
       ``(5) Coordination.--The Compact, in designing and 
     constructing a North Atlantic Rail Network, shall coordinate 
     and cooperate with--
       ``(A) the Secretary of Transportation;
       ``(B) the Northeast Corridor Commission;
       ``(C) Amtrak;
       ``(D) State departments of transportation, regional 
     transportation authorities, and other State-established 
     entities, responsible for the provision of passenger rail in 
     the North Atlantic Rail Network region; and
       ``(E) freight railroads that host passenger trains or 
     operate freight trains over passenger rail lines within the 
     territory.
       ``(b) North Atlantic Rail Network.--
       ``(1) Creation.--Notwithstanding the existing service along 
     the Northeast Corridor, the Compact shall construct a North 
     Atlantic Rail Network, which may include--
       ``(A) additional high-speed rail service between Boston and 
     New York;
       ``(B) a high-performance network of intercity passenger 
     rail transportation throughout the 7-State region; and
       ``(C) an integrated network of metropolitan passenger rail 
     transportation coordinated with the high-speed rail service 
     referred to in subparagraph (A).
       ``(2) Authorizations.--The Compact shall have the same 
     authorities provided to interstate compacts in section 410 of 
     the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 
     24101 note), including--
       ``(A) receiving appropriations--
       ``(i) to plan, design, engineer, and acquire property 
     (including railroad rights-of-way);
       ``(ii) to conduct competitive procurements;
       ``(iii) to enter into construction contracts;
       ``(iv) to form project labor agreements; and
       ``(v) to construct a North Atlantic Rail Network;
       ``(B) utilizing all design-build and other alternative 
     procurement policies and practices approved by the Department 
     of Transportation;
       ``(C) utilizing existing authorities to expedite reviews 
     for infrastructure investment within existing rights of way 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(D) contracting with Amtrak, State departments of 
     transportation, or related operating entities within the 7-
     State North Atlantic Rail Network region to design or 
     construct elements of a North Atlantic Rail Network.
       ``(3) Commencement of operations.--The Compact shall 
     commence operations and be eligible for appropriated funding 
     in any State that has ratified the Compact, upon the 
     ratification of a minimum of 2 states of the Compact.
       ``(4) Responsibilities.--If a State department of 
     transportation or its related operating entity owns the 
     right-of-way for a rail line segment within a North Atlantic 
     Rail Network, such department or entity shall be responsible 
     for the design and construction of improvements on such 
     segment of a North Atlantic Rail Network.
       ``(5) Work performed on right-of-way.--Notwithstanding 
     paragraph (2)(D), all work done in existing rail right-of-way 
     shall be performed only in accordance with the rail 
     collective bargaining agreements applicable to work performed 
     on such right-of-way.''.
       (b) Clerical Amendment.--The analysis for chapter 249 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 24905 the following:
``24905A. North Atlantic Rail Interstate Compact; North Atlantic Rail 
              Network.''.
       (c) Sunset.--Upon the earlier of the completion of the 
     construction of all of the elements of a North Atlantic Rail 
     Network created pursuant to subsection (b)(1) of section 
     24905A of title 49, United States Code, as added by this Act, 
     or the date that is 20 years after the date of the enactment 
     of this Act--
       (1) the North Atlantic Rail Interstate Compact established 
     pursuant to subsection (a)(1) of such section shall be 
     dissolved; and
       (2) the assets of the North Atlantic Rail Interstate 
     Compact shall be transferred to Amtrak.
                                 ______
                                 
  SA 2143. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 203, strike line 17 and insert the following:
     the project is located on a Federal-aid highway.
       ``(t) State of Good Repair.--
       ``(1) In general.--The Secretary shall not approve any 
     project funded, in whole or in part, with funds apportioned 
     pursuant to section 104(b) that will result in new through 
     travel lanes for single occupancy vehicles, excluding 
     auxiliary lanes and high occupancy vehicle toll lanes 
     pursuant to section 166, unless the State or project 
     sponsor--
       ``(A) has demonstrated progress in achieving a state of 
     good repair as required by the State's asset management plan 
     under section 119(e) of this title;
       ``(B) demonstrates that the project--
       ``(i) supports the achievement of performance targets of 
     the State established under section 150; and
       ``(ii) is more cost effective, as determined by benefit-
     cost analysis, than--

       ``(I) an operational improvement to the facility or 
     corridor;
       ``(II) the construction of a public transportation project 
     eligible for assistance under chapter 53 of title 49; and
       ``(III) the construction of a non-single occupancy 
     passenger vehicle project that improves freight movement; and

       ``(C) has a public plan for maintaining and operating the 
     new asset while continuing progress of the State or project 
     sponsor in achieving a state of good repair under 
     subparagraph (A).
       ``(2) Benefit-cost analysis.--In carrying out paragraph 
     (1)(B)(ii), the Secretary shall establish a process for 
     analyzing the cost and benefits of projects under that 
     paragraph, ensuring that--
       ``(A) the benefit-cost analysis includes a calculation of 
     all the benefits addressed in the performance measures 
     established under section 150;
       ``(B) the benefit-cost analysis includes a consideration of 
     the total maintenance cost of an asset over the lifecycle of 
     the asset; and
       ``(C) the State demonstrates that any transportation demand 
     modeling used to calculate the benefit-cost analysis is based 
     on retrospective analysis of the accuracy of past forecasting 
     and calibration to real-word conditions or has a documented 
     record of accuracy.
       ``(3) Savings clause.--The provisions of this subsection 
     shall not apply to any project that is fully funded in an 
     adopted State transportation improvement program as of the 
     date of enactment of this subsection.''.
                                 ______
                                 
  SA 2144. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2160, between lines 17 and 18, insert the 
     following:
       (F) The eligible entity has demonstrated that the middle 
     mile infrastructure will connect historically black colleges 
     and universities and minority service institutions with other 
     such colleges, universities, and institutions for 
     collaboration and resource sharing.
                                 ______
                                 
  SA 2145. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 2173, strike line 24 and all that follows 
     through page 2174, line 11, and insert the following:
       ``(A) In general.--A participating provider shall allow an 
     eligible household to apply the affordable connectivity 
     benefit to any internet service offering of the participating 
     provider at the same terms available to households that are 
     not eligible households.
                                 ______
                                 
  SA 2146. Mr. WICKER submitted an amendment intended to be proposed to

[[Page S5575]]

amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2081, strike line 3 and all that follows through 
     ``(3)'' on line 7 and insert the following:
     Act''); and
       (2)
                                 ______
                                 
  SA 2147. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 90008.
                                 ______
                                 
  SA 2148. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 2191, strike line 6 and all that follows 
     through page 2192, line 12, and insert the following:
       (b) Notice of Inquiry.--Not later than 2 years after the 
     date of enactment of this Act, the Commission shall initiate 
     a notice of inquiry examining obstacles to equal access to 
     broadband internet access service, taking into account the 
     issues of technical and economic feasibility presented by 
     that objective, including--
       (1) preventing digital discrimination of access based on 
     income level, race, ethnicity, color, religion, or national 
     origin; and
       (2) identifying necessary steps for the Commissions to take 
     to eliminate discrimination described in paragraph (1).
                                 ______
                                 
  SA 2149. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 2162, strike line 10 and all that follows 
     through page 2163, line 19, and insert the following:
       (i) Use of most recent data.--In mapping out gaps in 
     broadband coverage, an eligible entity that uses a middle 
     mile grant to build out terrestrial or fixed wireless middle 
     mile infrastructure shall use the most recent broadband 
     mapping data available from the FCC fixed broadband map.
                                 ______
                                 
  SA 2150. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 2052, strike line 15 and all that 
     follows through page 2053, line 16, and insert the following:
       (f) Use of Funds.--An eligible entity may use grant funds 
     received under this section to competitively award subgrants 
     for--
       (1) unserved service projects and underserved service 
     projects;
       (2) connecting eligible community anchor institutions; and
       (3) installing internet and Wi-Fi infrastructure or 
     providing reduced-cost broadband within a multi-family 
     residential building, with priority given to a residential 
     building that--
       (A) has a substantial share of unserved households; or
       (B) is in a location in which the percentage of individuals 
     with a household income that is at or below 150 percent of 
     the poverty line applicable to a family of the size involved 
     (as determined under section 673(2) of the Community Services 
     Block Grant Act (42 U.S.C. 9902(2)) is higher than the 
     national percentage of such individuals.
       Beginning on page 2053, strike line 18 and all that follows 
     through page 2054, line 23, and insert the following:
       (1) Subgrantee obligations.--A subgrantee, in carrying out 
     activities using amounts received from an eligible entity 
     under this section--
       (A) shall adhere to quality-of-service standards, as 
     established by the Assistant Secretary;
       (B) shall incorporate best practices, as defined by the 
     Assistant Secretary, for ensuring reliability and resilience 
     of broadband infrastructure; and
       (C) may not use the amounts to purchase or support--
       (i) any covered communications equipment or service, as 
     defined in section 9 of the Secure and Trusted Communications 
     Networks Act of 2019 (47 U.S.C. 1608); or
       (ii) fiber optic cable and optical transmission equipment 
     manufactured in the People's Republic of China.
       Beginning on page 2060, strike line 17 and all that follows 
     through page 2061, line 2, and insert the following:
       (D) NTIA authority.--The Assistant Secretary may modify the 
     challenge process required under subparagraph (A) as 
     necessary.
       On page 2071, strike lines 1 through 7 and insert the 
     following:
       (6) Return of funds.--An entity that receives a subgrant 
     from an eligible entity under subsection (f) and fails to 
     comply with any requirement under this subsection during the 
     pendency of the grant shall, after being provided a 
     reasonable opportunity to cure the violation, return an 
     amount of the subgrant that is proportional to the gravity of 
     the violation, up to the entire amount of the subgrant, to 
     the eligible entity, at the discretion of the eligible entity 
     or the Assistant Secretary.
       On page 2080, strike lines 3 through 21 and insert the 
     following:
       (n) Judicial Review.--The United States District Court for 
     the District of Columbia shall have exclusive jurisdiction to 
     review a decision of the Assistant Secretary made under this 
     section.
                                 ______
                                 
  SA 2151. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. GRANTS FOR BROADCAST INTERNET AND PUBLIC 
                   TELEVISION.

       (a) Definitions.--In this section:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) Construction permit.--The term ``construction permit'' 
     has meaning given the term in section 3 of the Communications 
     Act of 1934 (47 U.S.C. 153).
       (4) Covered grant.--The term ``covered grant'' means a 
     grant awarded under subsection (b).
       (5) Eligible broadcaster.--The term ``eligible 
     broadcaster'' means a commercial or noncommercial broadcast 
     television licensee or permittee that was, before the date of 
     enactment of this Act--
       (A) licensed by the Commission; or
       (B) granted a construction permit for a station.
       (6) Licensee.--The term ``licensee'' has the meaning given 
     the term in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).
       (7) Permittee.--The term ``permitee'' means the holder of a 
     television construction permit granted by the Commission.
       (8) Public telecommunications entity; public 
     telecommunications facilities; public telecommunications 
     services.--The terms ``public telecommunications entity'', 
     ``public telecommunications facilities'', and ``public 
     telecommunications services'' have the meanings given those 
     terms in section 397 of the Communications Act of 1934 (47 
     U.S.C. 397).
       (b) Broadcast Internet and Public Broadcasting Grants.--
       (1) In general.--The Assistant Secretary shall establish a 
     program, to be known as the ``Broadcast Internet and Public 
     Broadcasting Grant Program'', under which the Assistant 
     Secretary makes grants--
       (A) to eligible broadcasters to facilitate the construction 
     of or reasonable upgrades to facilities of those eligible 
     broadcasters to enable the offering of broadcast services 
     utilizing the ATSC 3.0 broadcast television standard, 
     including datacasting enabled by ATSC 3.0, as permitted under 
     section 336 of the Communications Act of 1934 (47 U.S.C. 336) 
     and parts 73 and 74 of title 47, Code of Federal Regulations;
       (B) to eligible broadcasters to facilitate the construction 
     of or reasonable upgrades to facilities of those eligible 
     broadcasters to

[[Page S5576]]

     enable the deployment of distributed transmission systems 
     (also known as ``single frequency networks''), as permitted 
     under section 73.626 of title 47, Code of Federal 
     Regulations; and
       (C) in consultation with the Corporation for Public 
     Broadcasting, to public telecommunications entities to 
     facilitate the construction, updates, replacement, and repair 
     of public telecommunications facilities to maintain or 
     improve public telecommunications services provided by those 
     public telecommunications entities to the American public 
     through broadcast and digital distribution technologies.
       (2) Application for grant.--
       (A) In general.--The Assistant Secretary shall establish an 
     application process for covered grants.
       (B) Selection priority.--In selecting projects to be funded 
     by a covered grant, the Assistant Secretary shall apply the 
     criteria established by the rules promulgated under 
     subsection (c).
       (c) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Assistant Secretary shall 
     promulgate rules that--
       (1) establish the requirements for applications for covered 
     grants;
       (2) identify the criteria to be used by the Assistant 
     Secretary in prioritizing projects;
       (3) identify reasonable eligible costs to be presumptively 
     approved by the Assistant Secretary in awarding covered 
     grants; and
       (4) establish procedures for the submission and review of 
     cost estimates and other materials related to those costs 
     consistent with the rules promulgated under this subsection.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $5,000,000,000 for fiscal year 2022, 
     to remain available until expended, of which--
       (A) not more than $3,700,000,000 may be used for grants 
     under subsection (b)(1)(A);
       (B) not more than $1,000,000,000 maybe used for grants 
     under subsection (b)(1)(B); and
       (C) not more than $300,000,000 may be used for grants under 
     subsection (b)(1)(C).
       (2) Administration.--The Assistant Secretary may reserve 
     not more than 4 percent of the funds made available under 
     paragraph (1) for reasonable administrative costs associated 
     with the grant program established under subsection (b).
                                 ______
                                 
  SA 2152. Mr. GRASSLEY (for himself and Ms. Klobuchar) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of division F, add the following:

     TITLE VI--STATE FUNDING UNDER RURAL UTILITIES SERVICE PROGRAMS

     SEC. 60601. STATE FUNDING UNDER RURAL UTILITIES SERVICE 
                   PROGRAMS.

       (a) Eligibility of Projects That Receive State Funding.--
     Title VII of the Rural Electrification Act of 1936 (7 U.S.C. 
     950cc et seq.) is amended by adding at the end the following:

     ``SEC. 704. ELIGIBILITY OF PROJECTS THAT RECEIVE STATE 
                   FUNDING.

       ``In administering any broadband or telecommunications 
     program, the Secretary, acting through the Administrator of 
     the Rural Utilities Service, shall not determine that a 
     project is ineligible for funding because the project has 
     received funding from a State.''.
       (b) State Funds to Satisfy Matching Requirements.--For 
     purposes of any matching funds requirement under any program 
     administered by the Secretary of Agriculture, acting through 
     the Administrator of the Rural Utilities Service, an 
     applicant for funding under that program may use funds 
     received from a State program (including funds received by a 
     State from the Federal Government) to satisfy the matching 
     funds requirement.
                                 ______
                                 
  SA 2153. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF FUNDS.

       A grantee or subgrantee carrying out a program, project, or 
     activity that is, in whole or in part, carried out using 
     funds provided by the Department of Energy or the Department 
     of Transportation shall clearly state, to the extent 
     possible, in any statement, press release, request for 
     proposals, bid solicitation, or other document describing the 
     program, project, or activity, other than a communication 
     containing not more than 280 characters--
       (1) the percentage of the total costs of the program, 
     project, or activity that will be financed with funds 
     provided by the Department of Energy or the Department of 
     Transportation;
       (2) the dollar amount of the funds provided by the 
     Department of Energy or the Department of Transportation made 
     available for the program, project, or activity; and
       (3) the percentage of the total costs of, and dollar amount 
     for, the program, project, or activity that will be financed 
     by nongovernmental sources.
                                 ______
                                 
  SA 2154. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division C, insert the 
     following:

     SEC. ____. PROHIBITION ON USE OF FEDERAL FUNDS FOR CERTAIN 
                   TRANSIT AND RAIL PROJECTS.

       Notwithstanding any other provision of law, the Secretary 
     of Transportation shall not provide any new assistance for a 
     transit or rail project if--
       (1) the overall cost projection to complete the project 
     exceeds the original cost projection by at least 
     $1,000,000,000; and
       (2) the operational and administrative costs of the service 
     provided by the project are projected to exceed the revenues 
     generated from ridership annually over the next decade.
                                 ______
                                 
  SA 2155. Mr. CORNYN (for himself, Mr. Padilla, and Ms. Lummis) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. __. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR 
                   INFRASTRUCTURE PROJECTS.

       (a) In General.--Title VI of the Social Security Act (42 
     U.S.C. 801 et seq.) is amended--
       (1) in section 601(d)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and adjusting 
     the margins accordingly;
       (B) by striking ``A State, Tribal government, and unit of 
     local government'' and inserting the following:
       ``(1) In general.--A State, Tribal government, and unit of 
     local government''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a State, Tribal government, or unit of local government 
     may use funds provided under a payment made under this 
     section for a project described in subparagraph (B), 
     including--
       ``(i) in the case of a project described in clause (xi), 
     (xii), or (xiii) of that subparagraph, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project described in clause (xiii) 
     of that subparagraph, to repay a loan provided under the 
     program described in that clause.
       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 133 of title 23, 
     United States Code.
       ``(ii) A project eligible under section 119 of title 23, 
     United States Code.
       ``(iii) A project eligible under section 148 of title 23, 
     United States Code.
       ``(iv) A project eligible under section 167 of title 23, 
     United States Code.
       ``(v) A project eligible under section 149 of title 23, 
     United States Code.
       ``(vi) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 202 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 204 of title 23, 
     United States Code.
       ``(x) A project eligible under section 165 of title 23, 
     United States Code.
       ``(xi) A project that receives a grant under section 117 of 
     title 23, United States Code.
       ``(xii) A project that receives a grant under the program 
     for national infrastructure investments (commonly known as 
     the `Rebuilding American Infrastructure with Sustainability 
     and Equity (RAISE) grant program').

[[Page S5577]]

       ``(xiii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xiv) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xv) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xvi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xvii) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xviii) A project that receives a grant under section 
     5311 of title 49, United States Code.
       ``(xix) A project carried out using funds made available 
     under title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.).
       ``(C) Non-federal share.--Notwithstanding any other 
     provision of law, in the case of a project described in 
     clauses (i) through (x) of subparagraph (B) that is carried 
     out with funds provided under a payment made under this 
     section, the State, Tribal government, or unit of local 
     government shall not be required to provide a non-Federal 
     share.
       ``(D) Availability.--Funds provided under a payment made 
     under this section to a State, Tribal government, or unit of 
     local government shall remain available for the use described 
     in subparagraph (A) after December 31, 2021, to the extent 
     that, not later than 1 year after the date of enactment of 
     this paragraph, the State, Tribal government, or unit of 
     local government allocates such funds (in accordance with a 
     process to be established by the Secretary) to a project 
     described in subparagraph (B).'';
       (2) in section 602--
       (A) in subsection (a)(1), by inserting ``(except as 
     provided in subsection (c)(4))'' after ``December 31, 2024''; 
     and
       (B) in subsection (c)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraph (3)'' and inserting ``paragraphs 
     (3) and (4)''; and
       (ii) by adding at the end the following new paragraph:
       ``(4) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a State, territory, or Tribal government receiving a 
     payment under this section may use funds provided under such 
     payment for a project described in subparagraph (B), 
     including--
       ``(i) in the case of a project described in clause (xi), 
     (xii), or (xiii) of that subparagraph, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project described in clause (xiii) 
     of that subparagraph, to repay a loan provided under the 
     program described in that clause.
       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 133 of title 23, 
     United States Code.
       ``(ii) A project eligible under section 119 of title 23, 
     United States Code.
       ``(iii) A project eligible under section 148 of title 23, 
     United States Code.
       ``(iv) A project eligible under section 167 of title 23, 
     United States Code.
       ``(v) A project eligible under section 149 of title 23, 
     United States Code.
       ``(vi) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 202 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 204 of title 23, 
     United States Code.
       ``(x) A project eligible under section 165 of title 23, 
     United States Code.
       ``(xi) A project that receives a grant under section 117 of 
     title 23, United States Code.
       ``(xii) A project that receives a grant under the program 
     for national infrastructure investments (commonly known as 
     the `Rebuilding American Infrastructure with Sustainability 
     and Equity (RAISE) grant program').
       ``(xiii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xiv) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xv) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xvi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xvii) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xviii) A project that receives a grant under section 
     5311 of title 49, United States Code.
       ``(xix) A project that receives a grant under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.).
       ``(C) Non-federal share.--Notwithstanding any other 
     provision of law, in the case of a project described in 
     clauses (i) through (x) of subparagraph (B) that is carried 
     out with funds provided under a payment made under this 
     section, the State, territory, or Tribal government shall not 
     be required to provide a non-Federal share.
       ``(D) Availability.--Funds provided under a payment made 
     under this section to a State, territory, or Tribal 
     government shall remain available for the use described in 
     subparagraph (A) after December 31, 2024, to the extent that, 
     not later than such date, the State, territory, or Tribal 
     government allocates such funds (in accordance with a process 
     to be established by the Secretary) to a project described in 
     subparagraph (B).''; and
       (C) in subsection (g)(1)(B), by striking ``have been 
     expended or returned to, or recovered by, the Secretary.'' 
     and inserting the following: ``have been--
       ``(i) expended or returned to, or recovered by, the 
     Secretary; or
       ``(ii) allocated by the State, territory, or Tribal 
     government for a project described in subparagraph (B) of 
     subsection (c)(4) in accordance with subparagraph (D) of such 
     subsection.''; and
       (3) in subsection 603--
       (A) in subsection (a), by inserting ``(except as provided 
     in subsection (c)(5))'' after ``December 31, 2024''; and
       (B) in subsection (c)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraphs (3), (4), and (5)''; and
       (ii) by adding at the end the following new paragraph:
       ``(5) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a metropolitan city, nonentitlement unit of local 
     government, or county receiving a payment under this section 
     may use funds provided under such payment for a project 
     described in subparagraph (B), including--
       ``(i) in the case of a project described in clause (xi), 
     (xii), or (xiii) of that subparagraph, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project described in clause (xiii) 
     of that subparagraph, to repay a loan provided under the 
     program described in that clause.
       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 133 of title 23, 
     United States Code.
       ``(ii) A project eligible under section 119 of title 23, 
     United States Code.
       ``(iii) A project eligible under section 148 of title 23, 
     United States Code.
       ``(iv) A project eligible under section 167 of title 23, 
     United States Code.
       ``(v) A project eligible under section 149 of title 23, 
     United States Code.
       ``(vi) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 202 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 204 of title 23, 
     United States Code.
       ``(x) A project eligible under section 165 of title 23, 
     United States Code.
       ``(xi) A project that receives a grant under section 117 of 
     title 23, United States Code.
       ``(xii) A project that receives a grant under the program 
     for national infrastructure investments (commonly known as 
     the `Rebuilding American Infrastructure with Sustainability 
     and Equity (RAISE) grant program').
       ``(xiii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xiv) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xv) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xvi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xvii) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xviii) A project that receives a grant under section 
     5311 of title 49, United States Code.
       ``(xix) A project that receives a grant under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.).
       ``(C) Non-federal share.--Notwithstanding any other 
     provision of law, in the case of a project described in 
     clauses (i) through (x) of subparagraph (B) that is carried 
     out with funds provided under a payment made under this 
     section, the metropolitan city, nonentitlement unit of local 
     government, or county shall not be required to provide a non-
     Federal share.
       ``(D) Availability.--Funds provided under a payment made 
     under this section to a metropolitan city, nonentitlement 
     unit of local government, or county shall remain available 
     for the use described in subparagraph (A) after December 31, 
     2024, to the extent that, not later than such date, the 
     metropolitan city, nonentitlement unit of local government, 
     or county allocates such funds (in accordance with a process 
     to be established by the Secretary) to a project described in 
     subparagraph (B).''.
       (b) Technical Amendments.--Sections 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 each amended by striking ``paragraph (17) 
     of''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in--
       (1) in the case of the amendments made by subsection 
     (a)(1), the enactment of the CARES Act (Public Law 116-136); 
     and
       (2) in the case of the amendments made by paragraphs (2) 
     and (3) of subsection (a) and

[[Page S5578]]

     subsection (b), the enactment of the American Rescue Plan Act 
     of 2021 (Public Law 117-2).
                                 ______
                                 
  SA 2156. Mr. GRAHAM (for himself and Mr. Lujan) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. _____. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.

       (a) Definition.--In this section, the term ``school bus'' 
     means a passenger motor vehicle that is--
       (1) designed to carry a driver and not less than 5 
     passengers; and
       (2) used significantly to transport early child education, 
     elementary school, or secondary school students to or from 
     school or an event related to school.
       (b) Rulemaking.--Notwithstanding the limitations under 
     paragraphs (1)(B) and (2)(A) of section 254(h) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)) regarding the 
     authorized recipients and uses of discounted 
     telecommunications services, not later than 180 days after 
     the date of enactment of this Act, the Federal Communications 
     Commission shall commence a rulemaking to make the provision 
     of Wi-Fi access on school buses eligible for support under 
     the E-rate program of the Commission set forth under subpart 
     F of part 54 of title 47, Code of Federal Regulations.
                                 ______
                                 
  SA 2157. Mr. CRAPO (for himself, Mr. Wyden, and Mr. Risch) submitted 
an amendment intended to be proposed to amendment SA 2137 proposed by 
Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 41202 of division D and insert the 
     following:

     SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY 
                   SELF-DETERMINATION ACT OF 2000.

       (a) Definition of Full Funding Amount.--Section 3(11) of 
     the Secure Rural Schools and Community Self-Determination Act 
     of 2000 (16 U.S.C. 7102(11)) is amended by striking 
     subparagraphs (D) and (E) and inserting the following:
       ``(D) for fiscal year 2017, the amount that is equal to 95 
     percent of the full funding amount for fiscal year 2015;
       ``(E) for each of fiscal years 2018 through 2020, the 
     amount that is equal to 95 percent of the full funding amount 
     for the preceding fiscal year; and
       ``(F) for fiscal year 2021 and each fiscal year thereafter, 
     the amount that is equal to the full funding amount for 
     fiscal year 2017.''.
       (b) Secure Payments for States and Counties Containing 
     Federal Land.--
       (1) Secure payments.--Section 101 of the Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 7111) is amended, in subsections (a) and (b), by 
     striking ``2015, 2017, 2018, 2019, and 2020'' each place it 
     appears and inserting ``2015 and 2017 through 2023''.
       (2) County payment elections.--Section 102(b) of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7112(b)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``and August 1 of each 
     second fiscal year thereafter'' and inserting ``by August 1 
     of each second fiscal year thereafter through fiscal year 
     2021, and by September 30, 2022, for the payment for fiscal 
     year 2022''; and
       (ii) in subparagraph (D)--

       (I) in the subparagraph heading, by striking ``2020'' and 
     inserting ``2021''; and
       (II) by striking ``2020'' and inserting ``2021''; and

       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``2020'' and inserting 
     ``2021''; and
       (ii) in subparagraph (B)--

       (I) by striking ``2013, the election'' and inserting 
     ``2013'';
       (II) by striking ``2020'' and inserting ``2021'';
       (III) by striking ``If a county elects'' and inserting the 
     following:

       ``(i) Election for fiscal year 2013.--A county election''; 
     and

       (IV) by adding at the end the following:

       ``(ii) Election for fiscal year 2022.--A county election to 
     receive a share of the State payment or county payment for 
     fiscal year 2022 shall be effective for each of fiscal years 
     2022 and 2023.''.
       (3) County allocation elections.--Section 102(d) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000 (16 U.S.C. 7112(d)) is amended--
       (A) in subparagraph (F) of paragraph (1)--
       (i) in the subparagraph heading, by striking ``2020'' and 
     inserting ``2021''; and
       (ii) by striking ``2020'' and inserting ``2021''; and
       (B) in subparagraph (D) of paragraph (3)--
       (i) in the subparagraph heading, by striking ``2020'' and 
     inserting ``2021''; and
       (ii) by striking ``2020'' and inserting ``2021''.
       (4) Distribution of payments to eligible counties.--Section 
     103(d)(2) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended 
     by striking ``2020'' and inserting ``2023''.
       (c) Pilot Program To Streamline Nomination of Members of 
     Resource Advisory Committees.--Section 205 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7125) is amended by striking subsection (g) and 
     inserting the following:
       ``(g) Resource Advisory Committee Appointment Pilot 
     Programs.--
       ``(1) Definitions.--In this subsection:
       ``(A) Applicable designee.--The term `applicable designee' 
     means the applicable regional forester.
       ``(B) National pilot program.--The term `national pilot 
     program' means the national pilot program established under 
     paragraph (4)(A).
       ``(C) Regional pilot program.--The term `regional pilot 
     program' means the regional pilot program established under 
     paragraph (3)(A).
       ``(2) Establishment of pilot programs.--In accordance with 
     paragraphs (3) and (4), the Secretary concerned shall carry 
     out 2 pilot programs to appoint members of resource advisory 
     committees.
       ``(3) Regional pilot program.--
       ``(A) In general.--The Secretary concerned shall carry out 
     a regional pilot program to allow an applicable designee to 
     appoint members of resource advisory committees.
       ``(B) Geographic limitation.--The regional pilot program 
     shall only apply to resource advisory committees chartered 
     in--
       ``(i) the State of Montana; and
       ``(ii) the State of Arizona.
       ``(C) Responsibilities of applicable designee.--
       ``(i) Review.--Before appointing a member of a resource 
     advisory committee under the regional pilot program, an 
     applicable designee shall conduct the review and analysis 
     that would otherwise be conducted for an appointment to a 
     resource advisory committee if the regional pilot program was 
     not in effect, including any review and analysis with respect 
     to civil rights and budgetary requirements.
       ``(ii) Savings clause.--Nothing in this paragraph relieves 
     an applicable designee from any requirement developed by the 
     Secretary concerned for making an appointment to a resource 
     advisory committee that is in effect on December 20, 2018, 
     including any requirement for advertising a vacancy.
       ``(4) National pilot program.--
       ``(A) In general.--The Secretary concerned shall carry out 
     a national pilot program to allow the Chief of the Forest 
     Service or the Director of the Bureau of Land Management, as 
     applicable, to submit to the Secretary concerned nominations 
     of individuals for appointment as members of resource 
     advisory committees.
       ``(B) Appointment.--Under the national pilot program, 
     subject to subparagraph (C), not later than 30 days after the 
     date on which a nomination is transmitted to the Secretary 
     concerned under subparagraph (A), the Secretary concerned 
     shall--
       ``(i) appoint the nominee to the applicable resource 
     advisory committee; or
       ``(ii) reject the nomination.
       ``(C) Automatic appointment.--If the Secretary concerned 
     does not act on a nomination in accordance with subparagraph 
     (B) by the date described in that subparagraph, the nominee 
     shall be deemed appointed to the applicable resource advisory 
     committee.
       ``(D) Geographic limitation.--The national pilot program 
     shall apply to a resource advisory committee chartered in any 
     State other than--
       ``(i) the State of Montana; or
       ``(ii) the State of Arizona.
       ``(E) Savings clause.--Nothing in this paragraph relieves 
     the Secretary concerned from any requirement relating to an 
     appointment to a resource advisory committee, including any 
     requirement with respect to civil rights or advertising a 
     vacancy.
       ``(5) Termination of effectiveness.--The authority provided 
     under this subsection terminates on October 1, 2023.
       ``(6) Report to congress.--Not later 180 days after the 
     date described in paragraph (5), the Secretary concerned 
     shall submit to Congress a report that includes--
       ``(A) with respect to appointments made under the regional 
     pilot program compared to appointments made under the 
     national pilot program, a description of the extent to 
     which--
       ``(i) appointments were faster or slower; and
       ``(ii) the requirements described in paragraph (3)(C)(i) 
     differ; and
       ``(B) a recommendation with respect to whether Congress 
     should terminate, continue, modify, or expand the pilot 
     programs.''.
       (d) Extension of Authority To Conduct Special Projects on 
     Federal Land.--
       (1) Existing advisory committees.--Section 205(a)(4) of the 
     Secure Rural Schools and Community Self-Determination Act of 
     2000

[[Page S5579]]

     (16 U.S.C. 7125(a)(4)) is amended by striking ``December 20, 
     2021'' each place it appears and inserting ``December 20, 
     2023''.
       (2) Extension of authority.--Section 208 of the Secure 
     Rural Schools and Community Self-Determination Act of 2000 
     (16 U.S.C. 7128) is amended--
       (A) in subsection (a), by striking ``2022'' and inserting 
     ``2025''; and
       (B) in subsection (b), by striking ``2023'' and inserting 
     ``2026''.
       (e) Access to Broadband and Other Technology.--Section 
     302(a) of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) to provide or expand access to--
       ``(A) broadband telecommunications services at local 
     schools; or
       ``(B) the technology and connectivity necessary for 
     students to use a digital learning tool at or outside of a 
     local school campus.''.
       (f) Extension of Authority To Expend County Funds.--Section 
     304 of the Secure Rural Schools and Community Self-
     Determination Act of 2000 (16 U.S.C. 7144) is amended--
       (1) in subsection (a), by striking ``2022'' and inserting 
     ``2025''; and
       (2) in subsection (b), by striking ``2023'' and inserting 
     ``2026''.
       (g) Amounts Obligated but Unspent; Prohibition on Use of 
     Funds.--Title III of the Secure Rural Schools and Community 
     Self-Determination Act of 2000 (16 U.S.C. 7141 et seq.) is 
     amended--
       (1) by redesignating section 304 as section 305; and
       (2) by inserting after section 303 the following:

     ``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE 
                   OF FUNDS.

       ``(a) Amounts Obligated but Unspent.--Any county funds that 
     were obligated by the applicable participating county before 
     October 1, 2017, but are unspent on October 1, 2020--
       ``(1) may, at the option of the participating county, be 
     deemed to have been reserved by the participating county on 
     October 1, 2020, for expenditure in accordance with this 
     title; and
       ``(2)(A) may be used by the participating county for any 
     authorized use under section 302(a); and
       ``(B) on a determination by the participating county under 
     subparagraph (A) to use the county funds, shall be available 
     for projects initiated after October 1, 2020, subject to 
     section 305.
       ``(b) Prohibition on Use of Funds.--Notwithstanding any 
     other provision of law, effective beginning on the date of 
     enactment of the Infrastructure Investment and Jobs Act, no 
     county funds made available under this title may be used by 
     any participating county for any lobbying activity, 
     regardless of the purpose for which the funds are obligated 
     on or before that date.''.
                                 ______
                                 
  SA 2158. Ms. ERNST (for herself and Mr. Moran) submitted an amendment 
intended to be proposed to amendment SA 2137 proposed by Mr. Schumer 
(for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, 
Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and 
Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        On page 2386, strike lines 14 through 19 and insert the 
     following:
       ``(3) Clean school bus.--The term `clean school bus' means 
     a school bus that the Administrator certifies reduces 
     emissions and is operated entirely or in part using an 
     alternative fuel.
       On page 2390, line 6, insert ``cost'' before 
     ``competitive''.
       On page 2390, lines 23 and 24, strike ``and zero-emission 
     school buses''.
       On page 2392, line 7, strike ``or''.
       On page 2392, strike line 14 and insert the following:
       ``(iii) issuance of school bonds; or
       ``(D) propose to replace school buses with clean school 
     buses that utilize alternative fuels created in the United 
     States.
       On page 2397, lines 5 and 6, strike ``and zero-emission 
     school buses''.
                                 ______
                                 
  SA 2159. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division F, add the following:

               TITLE VI--NO REGULATION OF RATES PERMITTED

     SEC. 60601. NO REGULATION OF RATES PERMITTED.

       Nothing in this division may be construed to authorize any 
     Federal or State agency or entity to regulate the rates 
     charged for broadband service.
                                 ______
                                 
  SA 2160. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. ___. TELECOMMUNICATIONS WORKFORCE TRAINING GRANT 
                   PROGRAM.

       (a) Short Title.--This section may be cited as the 
     ``Improving Minority Participation And Careers in 
     Telecommunications Act'' or the ``IMPACT Act''.
       (b) Definitions.--In this section:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Covered grant.--The term ``covered grant'' means a 
     grant awarded under subsection (c).
       (3) Eligible entity.--The term ``eligible entity'' means a 
     historically Black college or university, Tribal College or 
     University, or minority-serving institution, or a consortium 
     of such entities, that forms a partnership with 1 or more of 
     the following entities to carry out a training program:
       (A) A member of the telecommunications industry, such as a 
     company or industry association.
       (B) A labor or labor-management organization with 
     experience working in the telecommunications industry or a 
     similar industry.
       (C) The Telecommunications Industry Registered 
     Apprenticeship Program.
       (D) A nonprofit organization dedicated to helping 
     individuals gain employment in the telecommunications 
     industry.
       (E) A community or technical college with experience in 
     providing workforce development for individuals seeking 
     employment in the telecommunications industry or a similar 
     industry.
       (F) A Federal agency laboratory specializing in 
     telecommunications technology.
       (4) Fund.--The term ``Fund'' means the Telecommunications 
     Workforce Training Grant Program Fund established under 
     subsection (d)(1).
       (5) Grant program.--The term ``Grant Program'' means the 
     Telecommunications Workforce Training Grant Program 
     established under subsection (c).
       (6) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       (7) Industry field activities.--The term ``industry field 
     activities'' means activities at active telecommunications, 
     cable, and broadband network worksites, such as towers, 
     construction sites, and network management hubs.
       (8) Industry partner.--The term ``industry partner'' means 
     an entity described in subparagraphs (A) through (F) of 
     paragraph (3) with which an eligible entity forms a 
     partnership to carry out a training program.
       (9) Minority-serving institution.--The term ``minority-
     serving institution'' means an institution described in 
     section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       (10) Training program.--The term ``training program'' means 
     a credit or non-credit program developed by an eligible 
     entity, in partnership with an industry partner, that--
       (A) is designed to educate and train students to 
     participate in the telecommunications workforce; and
       (B) includes a curriculum and apprenticeship or internship 
     opportunities that can also be paired with--
       (i) a degree program; or
       (ii) stacked credentialing toward a degree.
       (11) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given the term in 
     section 316(b)(3) of the Higher Education Act of 1965 (20 
     U.S.C. 1059c(b)(3)).
       (c) Program.--The Assistant Secretary, acting through the 
     Office of Minority Broadband Initiatives established under 
     section 902(b)(1) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260), shall 
     establish a program, to be known as the ``Telecommunications 
     Workforce Training Grant Program'', under which the Assistant 
     Secretary awards grants to eligible entities to develop 
     training programs.
       (d) Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the 
     ``Telecommunications Workforce Training Grant Program Fund''.
       (2) Availability.--Amounts in the Fund shall be available 
     to the Assistant Secretary to carry out the Grant Program.
       (e) Application.--
       (1) In general.--An eligible entity desiring a covered 
     grant shall submit an application to the Assistant Secretary 
     at such time, in such manner, and containing such information 
     as the Assistant Secretary may require.

[[Page S5580]]

       (2) Contents.--An eligible entity shall include in an 
     application under paragraph (1)--
       (A) a commitment from the industry partner of the eligible 
     entity to collaborate with the eligible entity to develop a 
     training program, including curricula and internships or 
     apprenticeships;
       (B) a description of how the eligible entity plans to use 
     the covered grant, including the type of training program the 
     eligible entity plans to develop;
       (C) a plan for recruitment of students and potential 
     students to participate in the training program;
       (D) a plan to increase female student participation in the 
     training program of the eligible entity; and
       (E) a description of potential jobs to be secured through 
     the training program, including jobs in the communities 
     surrounding the eligible entity.
       (f) Use of Funds.--An eligible entity may use a covered 
     grant, with respect to the training program of the eligible 
     entity, to--
       (1) hire faculty members to teach courses in the training 
     program;
       (2) train faculty members to prepare students for 
     employment in jobs related to the deployment of next-
     generation wired and wireless communications networks, 
     including 5G networks, hybrid fiber-coaxial networks, and 
     fiber infrastructure, particularly in--
       (A) broadband and wireless network engineering;
       (B) network deployment and maintenance;
       (C) industry field activities; and
       (D) cybersecurity;
       (3) design and develop curricula and other components 
     necessary for degrees, courses, or programs of study, 
     including certificate programs and credentialing programs, 
     that comprise the training program;
       (4) pay for costs associated with instruction under the 
     training program, including the costs of equipment, 
     telecommunications training towers, laboratory space, 
     classroom space, and instructional field activities;
       (5) fund scholarships, student internships, 
     apprenticeships, and pre-apprenticeship opportunities;
       (6) recruit students for the training program; and
       (7) support the enrollment in the training program of 
     individuals working in the telecommunications industry in 
     order to advance professionally in the industry.
       (g) Grant Awards.--
       (1) Deadline.--Not later than 2 years after the date on 
     which amounts are appropriated to the Fund pursuant to 
     subsection (m), the Assistant Secretary shall award all 
     covered grants.
       (2) Minimum allocation to certain entities.--The Assistant 
     Secretary shall award not less than--
       (A) 30 percent of covered grant amounts to historically 
     Black colleges or universities; and
       (B) 30 percent of covered grant amounts to Tribal Colleges 
     or Universities.
       (3) Evaluation criteria.--As part of the final rules issued 
     under subsection (h), the Assistant Secretary shall develop 
     criteria for evaluating applications for covered grants.
       (4) Coordination.--The Assistant Secretary shall ensure 
     that grant amounts awarded under paragraph (2) are 
     coordinated with grant amounts provided under section 902 of 
     division N of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260).
       (5) Construction.--In awarding covered grants for training 
     or education relating to construction, the Assistant 
     Secretary may prioritize applicants that partner with--
       (A) apprenticeship programs;
       (B) pre-apprenticeship programs; or
       (C) public 2-year community or technical colleges that have 
     a written agreement with 1 or more apprenticeship programs.
       (h) Rules.--Not later than 180 days after the date of 
     enactment of this Act, after providing public notice and an 
     opportunity to comment, the Assistant Secretary, in 
     consultation with the Secretary of Labor and the Secretary of 
     Education, shall issue final rules governing the Grant 
     Program.
       (i) Term.--The Assistant Secretary shall establish the term 
     of a covered grant, which may not be less than 5 years.
       (j) Grantee Reports.--During the term of a covered grant 
     received by an eligible entity, the eligible entity shall 
     submit to the Assistant Secretary a semiannual report that, 
     with respect to the preceding 6-month period--
       (1) describes how the eligible entity used the covered 
     grant amounts;
       (2) describes the progress the eligible entity made in 
     developing and executing the training program of the eligible 
     entity;
       (3) describes the number of faculty and students 
     participating in the training program of the eligible entity;
       (4) describes the partnership with the industry partner of 
     the eligible entity, including--
       (A) the commitments and in-kind contributions made by the 
     industry partner; and
       (B) the role of the industry partner in curriculum 
     development, the degree program, and internships and 
     apprenticeships; and
       (5) includes data on internship, apprenticeship, and 
     employment opportunities and placements.
       (k) Oversight.--
       (1) Audits.--The Inspector General of the Department of 
     Commerce shall audit the Grant Program in order to--
       (A) ensure that eligible entities use covered grant amounts 
     in accordance with--
       (i) the requirements of this section; and
       (ii) the overall purpose of the Grant Program, as described 
     in subsection (c); and
       (B) prevent waste, fraud, and abuse in the operation of the 
     Grant Program.
       (2) Revocation of funds.--The Assistant Secretary shall 
     revoke a grant awarded to an eligible entity that is not in 
     compliance with the requirements of this section or the 
     overall purpose of the Grant Program, as described in 
     subsection (c).
       (l) Annual Report to Congress.--Each year, until all 
     covered grants have expired, the Assistant Secretary shall 
     submit to Congress a report that--
       (1) identifies each eligible entity that received a covered 
     grant and the amount of the covered grant;
       (2) describes the progress each eligible entity described 
     in paragraph (1) has made toward accomplishing the overall 
     purpose of the Grant Program, as described in subsection (c);
       (3) summarizes the job placement status or apprenticeship 
     opportunities of students who have participated in the 
     training program of the eligible entity; and
       (4) includes the findings of any audits conducted by the 
     Inspector General of the Department of Commerce under 
     subsection (k)(1) that were not included in the previous 
     report submitted under this subsection.
       (m) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Fund a total of $100,000,000 for fiscal years 2022 
     through 2027, to remain available until expended.
       (2) Administration.--The Assistant Secretary may use not 
     more than 2 percent of the amounts appropriated to the Fund 
     for the administration of the Grant Program.
                                 ______
                                 
  SA 2161. Mr. CRAMER (for himself and Mr. Hoeven) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division D, insert the 
     following:

     SEC. ____. ELIGIBILITY OF CERTAIN AREAS TO RECEIVE PICK-SLOAN 
                   MISSOURI BASIN PROGRAM PUMPING POWER.

       Section 5(a) of Public Law 89-108 (79 Stat. 435; 100 Stat. 
     419; 114 Stat. 2763A-284) is amended by adding at the end the 
     following:
       ``(6) Eligibility of certain irrigation districts to 
     receive pumping power.--
       ``(A) Definition of eligible irrigation district.--In this 
     paragraph, the term `eligible irrigation district' means an 
     irrigation district that is located in--
       ``(i) the test area referred to in paragraph (1); or
       ``(ii) an area within the 28,000-acre area described in 
     paragraph (3) that is analyzed by the Secretary but not 
     developed under that paragraph.
       ``(B) Eligibility.--An eligible irrigation district shall 
     be eligible to receive Pick-Sloan Missouri Basin Program 
     pumping power--
       ``(i) subject to any terms and at any rates established by 
     the Secretary; and
       ``(ii) in accordance with a contract entered into under 
     subparagraph (C).
       ``(C) Contract.--
       ``(i) In general.--Subject to clause (ii), the Secretary 
     may enter into a contract with an eligible irrigation 
     district to provide Pick-Sloan Missouri Basin Program pumping 
     power to the eligible irrigation district.
       ``(ii) Requirement.--No Pick-Sloan Missouri Basin Program 
     pumping power may be delivered to an eligible irrigation 
     district under this paragraph until the date on which a 
     contract authorizing the delivery to the irrigation district 
     is executed under clause (i).''.
                                 ______
                                 
  SA 2162. Mr. THUNE (for himself, Mr. Tester, Mr. Moran, Mr. Peters, 
and Mr. King) submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; as follows:

        At the end of division F, insert the following:

            TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

     SEC. 60601. SHORT TITLE.

       This title may be cited as the ``Telecommunications Skilled 
     Workforce Act''.

     SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.

       (a) In General.--Part I of title III of the Communications 
     Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.

       ``(a) Definition.--In this section, the term 
     `telecommunications interagency working

[[Page S5581]]

     group' means the interagency working group established under 
     subsection (b)(1).
       ``(b) Establishment.--
       ``(1) In general.--Not later than 60 days after the date of 
     enactment of this section, the Chairman of the Commission, in 
     partnership with the Secretary of Labor, shall establish 
     within the Commission an interagency working group to develop 
     recommendations to address the workforce needs of the 
     telecommunications industry, including the safety of that 
     workforce.
       ``(2) Date of establishment.--The telecommunications 
     interagency working group shall be considered established on 
     the date on which a majority of the members of the working 
     group have been appointed, consistent with subsection (d).
       ``(c) Duties.--In developing recommendations under 
     subsection (b), the telecommunications interagency working 
     group shall--
       ``(1) determine whether, and if so how, any Federal laws, 
     regulations, guidance, policies, or practices, or any 
     budgetary constraints, may be amended to strengthen the 
     ability of institutions of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)) or for-profit businesses to establish, adopt, or 
     expand programs intended to address the workforce needs of 
     the telecommunications industry, including the workforce 
     needed to build and maintain the 5G wireless infrastructure 
     necessary to support 5G wireless technology;
       ``(2) identify potential policies and programs that could 
     encourage and improve coordination among Federal agencies, 
     between Federal agencies and States, and among States, on 
     telecommunications workforce needs;
       ``(3) identify ways in which existing Federal programs, 
     including programs that help facilitate the employment of 
     veterans and military personnel transitioning into civilian 
     life, could be leveraged to help address the workforce needs 
     of the telecommunications industry;
       ``(4) identify ways to improve recruitment in workforce 
     development programs in the telecommunications industry;
       ``(5) identify Federal incentives that could be provided to 
     institutions of higher education, for-profit businesses, 
     State workforce development boards established under section 
     101 of the Workforce Innovation and Opportunity Act (29 
     U.S.C. 3111), or other relevant stakeholders to establish or 
     adopt new programs, expand current programs, or partner with 
     registered apprenticeship programs, to address the workforce 
     needs of the telecommunications industry, including such 
     needs in rural areas;
       ``(6) identify ways to improve the safety of 
     telecommunications workers, including tower climbers; and
       ``(7) identify ways that trends in wages, benefits, and 
     working conditions in the telecommunications industry impact 
     recruitment of employees in the sector.
       ``(d) Members.--The telecommunications interagency working 
     group shall be composed of the following representatives of 
     Federal agencies and relevant non-Federal industry and labor 
     stakeholder organizations:
       ``(1) A representative of the Department of Education, 
     appointed by the Secretary of Education.
       ``(2) A representative of the National Telecommunications 
     and Information Administration, appointed by the Assistant 
     Secretary of Commerce for Communications and Information.
       ``(3) A representative of the Commission, appointed by the 
     Chairman of the Commission.
       ``(4) A representative of a registered apprenticeship 
     program in construction or maintenance, appointed by the 
     Secretary of Labor.
       ``(5) A representative of a telecommunications industry 
     association, appointed by the Chairman of the Commission.
       ``(6) A representative of an Indian Tribe or Tribal 
     organization, appointed by the Chairman of the Commission.
       ``(7) A representative of a rural telecommunications 
     carrier, appointed by the Chairman of the Commission.
       ``(8) A representative of a telecommunications contractor 
     firm, appointed by the Chairman of the Commission.
       ``(9) A representative of an institution of higher 
     education described in section 371(a) of the Higher Education 
     Act of 1965 (20 U.S.C. 1067q(a)), appointed by the Secretary 
     of Education.
       ``(10) A public interest advocate for tower climber safety, 
     appointed by the Secretary of Labor.
       ``(11) A representative of the Directorate of Construction 
     of the Occupational Safety and Health Administration, 
     appointed by the Secretary of Labor.
       ``(12) A representative of a labor organization 
     representing the telecommunications workforce, appointed by 
     the Secretary of Labor.
       ``(e) No Compensation.--A member of the telecommunications 
     interagency working group shall serve without compensation.
       ``(f) Other Matters.--
       ``(1) Chair and vice chair.--The telecommunications 
     interagency working group shall name a chair and a vice 
     chair, who shall be responsible for organizing the business 
     of the working group.
       ``(2) Subgroups.--The chair and vice chair of the 
     telecommunications interagency working group, in consultation 
     with the other members of the telecommunications interagency 
     working group, may establish such subgroups as necessary to 
     help conduct the work of the telecommunications interagency 
     working group.
       ``(3) Support.--The Commission and the Secretary of Labor 
     may detail employees of the Commission and the Department of 
     Labor, respectively, to assist and support the work of the 
     telecommunications interagency working group, though such a 
     detailee shall not be considered to be a member of the 
     working group.
       ``(g) Report to Congress.--
       ``(1) Report to congress.--Not later than 1 year after the 
     date on which the telecommunications interagency working 
     group is established, the working group shall submit a report 
     containing its recommendations to address the workforce needs 
     of the telecommunications industry to--
       ``(A) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(B) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       ``(C) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(D) the Committee on Education and Labor of the House of 
     Representatives;
       ``(E) the Department of Labor; and
       ``(F) the Commission.
       ``(2) Majority support.--The telecommunications interagency 
     working group may not submit the report under paragraph (1) 
     unless the report has the support of not less than the 
     majority of the members of the working group.
       ``(3) Views.--The telecommunications interagency working 
     group shall--
       ``(A) include with the report submitted under paragraph (1) 
     any concurring or dissenting view offered by a member of the 
     working group; and
       ``(B) identify each member to whom each concurring or 
     dissenting view described in subparagraph (A) should be 
     attributed.
       ``(4) Public posting.--The Commission and the Secretary of 
     Labor shall make a copy of the report submitted under 
     paragraph (1) available to the public on the websites of the 
     Commission and the Department of Labor, respectively.
       ``(h) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     telecommunications interagency working group.''.
       (b) Sunset.--Section 344 of the Communications Act of 1934, 
     as added by subsection (a), shall be repealed on the day 
     after the date on which the interagency working group 
     established under subsection (b)(1) of that section submits 
     the report to Congress under subsection (g) of that section.

     SEC. 60603. TELECOMMUNICATIONS WORKFORCE GUIDANCE.

        Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Labor, in partnership with the Chairman 
     of the Federal Communications Commission, shall establish and 
     issue guidance on how States can address the workforce needs 
     and safety of the telecommunications industry, including 
     guidance on how a State workforce development board 
     established under section 101 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3111) can--
       (1) utilize Federal resources available to States to meet 
     the workforce needs of the telecommunications industry;
       (2) promote and improve recruitment in workforce 
     development programs in the telecommunications industry; and
       (3) ensure the safety of the telecommunications workforce, 
     including tower climbers.

     SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE 
                   TELECOMMUNICATIONS INDUSTRY.

       (a) Definitions.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (2) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (3) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (4) the Committee on Education and Labor of the House of 
     Representatives.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the appropriate congressional 
     committees a report that estimates the number of skilled 
     telecommunications workers that will be required to build and 
     maintain--
       (1) broadband infrastructure in rural areas, including 
     estimates based on--
       (A) current need; and
       (B) projected need, if Congress enacts legislation that 
     accelerates broadband infrastructure construction in the 
     United States; and
       (2) the wireless infrastructure needed to support 5G 
     wireless technology.
                                 ______
                                 
  SA 2163. Mr. CARDIN (for himself, Mr. Scott of South Carolina, Mr. 
Wicker, and Ms. Cantwell) submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

[[Page S5582]]

  


              DIVISION ___--MINORITY BUSINESS DEVELOPMENT

     SEC. ____01. SHORT TITLE.

       This division may be cited as the ``Minority Business 
     Development Act of 2021''.

     SEC. ____02. DEFINITIONS.

       In this division:
       (1) Agency.--The term ``Agency'' means the Minority 
     Business Development Agency of the Department of Commerce.
       (2) Community-based organization.--The term ``community-
     based organization'' has the meaning given the term in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       (3) Eligible entity.--Except as otherwise expressly 
     provided, the term ``eligible entity''--
       (A) means--
       (i) a private sector entity;
       (ii) a public sector entity; or
       (iii) a Native entity; and
       (B) includes an institution of higher education.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (5) Federally recognized area of economic distress.--The 
     term ``federally recognized area of economic distress'' 
     means--
       (A) a HUBZone, as that term is defined in section 31(b) of 
     the Small Business Act (15 U.S.C. 657a(b));
       (B) an area that--
       (i) has been designated as--

       (I) an empowerment zone under section 1391 of the Internal 
     Revenue Code of 1986; or
       (II) a Promise Zone by the Secretary of Housing and Urban 
     Development; or

       (ii) is a low or moderate income area, as determined by the 
     Department of Housing and Urban Development;
       (C) a qualified opportunity zone, as that term is defined 
     in section 1400Z-1 of the Internal Revenue Code of 1986; or
       (D) any other political subdivision or unincorporated area 
     of a State determined by the Under Secretary to be an area of 
     economic distress.
       (6) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (7) MBDA business center.--The term ``MBDA Business 
     Center'' means a business center that--
       (A) is established by the Agency; and
       (B) provides technical business assistance to minority 
     business enterprises consistent with the requirements of this 
     division.
       (8) MBDA business center agreement.--The term ``MBDA 
     Business Center agreement'' means a legal instrument--
       (A) reflecting a relationship between the Agency and the 
     recipient of a Federal assistance award that is the subject 
     of the instrument; and
       (B) that establishes the terms by which the recipient 
     described in subparagraph (A) shall operate an MBDA Business 
     Center.
       (9) Minority business enterprise.--
       (A) In general.--The term ``minority business enterprise'' 
     means a business enterprise--
       (i) that is not less than 51 percent-owned by 1 or more 
     socially or economically disadvantaged individuals; and
       (ii) the management and daily business operations of which 
     are controlled by 1 or more socially or economically 
     disadvantaged individuals.
       (B) Rule of construction.--Nothing in subparagraph (A) may 
     be construed to exclude a business enterprise from qualifying 
     as a ``minority business enterprise'' under that subparagraph 
     because of--
       (i) the status of the business enterprise as a for-profit 
     or not-for-profit enterprise; or
       (ii) the annual revenue of the business enterprise.
       (10) Native entity.--The term ``Native entity'' means--
       (A) a Tribal Government;
       (B) an Alaska Native village or Regional or Village 
     Corporation, as defined in or established pursuant to the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
       (C) a Native Hawaiian organization, as that term is defined 
     in section 6207 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7517);
       (D) the Department of Hawaiian Home Lands; and
       (E) the Office of Hawaiian Affairs.
       (11) Private sector entity.--The term ``private sector 
     entity''--
       (A) means an entity that is not a public sector entity; and
       (B) does not include--
       (i) the Federal Government;
       (ii) any Federal agency; or
       (iii) any instrumentality of the Federal Government.
       (12) Public sector entity.--The term ``public sector 
     entity'' means--
       (A) a State;
       (B) an agency of a State;
       (C) a political subdivision of a State;
       (D) an agency of a political subdivision of a State; or
       (E) a Native entity.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (14) Socially or economically disadvantaged business 
     concern.--The term ``socially or economically disadvantaged 
     business concern'' means a for-profit business enterprise--
       (A)(i) that is not less than 51 percent owned by 1 or more 
     socially or economically disadvantaged individuals; or
       (ii) that is socially or economically disadvantaged; or
       (B) the management and daily business operations of which 
     are controlled by 1 or more socially or economically 
     disadvantaged individuals.
       (15) Socially or economically disadvantaged individual.--
       (A) In general.--The term ``socially or economically 
     disadvantaged individual'' means an individual who has been 
     subjected to racial or ethnic prejudice or cultural bias (or 
     the ability of whom to compete in the free enterprise system 
     has been impaired due to diminished capital and credit 
     opportunities, as compared to others in the same line of 
     business and competitive market area) because of the identity 
     of the individual as a member of a group, without regard to 
     any individual quality of the individual that is unrelated to 
     that identity.
       (B) Presumption.--In carrying out this division, the Under 
     Secretary shall presume that the term ``socially or 
     economically disadvantaged individual'' includes any 
     individual who is--
       (i) Black or African American;
       (ii) Hispanic or Latino;
       (iii) American Indian or Alaska Native;
       (iv) Asian;
       (v) Native Hawaiian or other Pacific Islander; or
       (vi) a member of a group that the Agency determines under 
     part 1400 of title 15, Code of Federal Regulations, as in 
     effect on November 23, 1984, is a socially disadvantaged 
     group eligible to receive assistance.
       (16) Specialty center.--The term ``specialty center'' means 
     an MBDA Business Center that provides specialty services 
     focusing on specific business needs, including assistance 
     relating to--
       (A) capital access;
       (B) Federal procurement;
       (C) entrepreneurship;
       (D) technology transfer; or
       (E) any other area determined necessary or appropriate 
     based on the priorities of the Agency.
       (17) State.--The term ``State'' means--
       (A) each of the States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) the United States Virgin Islands;
       (E) Guam;
       (F) American Samoa;
       (G) the Commonwealth of the Northern Mariana Islands; and
       (H) each Tribal Government.
       (18) Tribal government.--The term ``Tribal Government'' 
     means the recognized governing body of any Indian or Alaska 
     Native tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of enactment of this division 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).
       (19) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Minority Business 
     Development, who is appointed as described in section ___3(b) 
     to administer this division.

     SEC. ____03. MINORITY BUSINESS DEVELOPMENT AGENCY.

       (a) In General.--There is within the Department of Commerce 
     the Minority Business Development Agency.
       (b) Under Secretary.--
       (1) Appointment and duties.--The Agency shall be headed by 
     the Under Secretary of Commerce for Minority Business 
     Development, who shall--
       (A) be appointed by the President, by and with the advice 
     and consent of the Senate;
       (B) except as otherwise expressly provided, be responsible 
     for the administration of this division; and
       (C) report directly to the Secretary.
       (2) Compensation.--
       (A) In general.--The Under Secretary shall be compensated 
     at an annual rate of basic pay prescribed for level III of 
     the Executive Schedule under section 5314 of title 5, United 
     States Code.
       (B) Technical and conforming amendment.--Section 5314 of 
     title 5, United States Code, is amended by striking ``and 
     Under Secretary of Commerce for Travel and Tourism'' and 
     inserting ``Under Secretary of Commerce for Travel and 
     Tourism, and Under Secretary of Commerce for Minority 
     Business Development''.
       (3) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Director of the Agency shall be deemed to be a reference to 
     the Under Secretary.
       (c) Report to Congress.--Not later than 120 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a report that describes--
       (1) the organizational structure of the Agency;
       (2) the organizational position of the Agency within the 
     Department of Commerce; and
       (3) a description of how the Agency shall function in 
     relation to the operations carried out by each other 
     component of the Department of Commerce.
       (d) Office of Business Centers.--
       (1) Establishment.--There is established within the Agency 
     the Office of Business Centers.
       (2) Director.--The Office of Business Centers shall be 
     administered by a Director, who shall be appointed by the 
     Under Secretary.
       (e) Offices of the Agency.--

[[Page S5583]]

       (1) In general.--In addition to the regional offices that 
     the Under Secretary is required to establish under paragraph 
     (2), the Under Secretary shall establish such other offices 
     within the Agency as are necessary to carry out this 
     division.
       (2) Regional offices.--
       (A) In general.--In order to carry out this division, the 
     Under Secretary shall establish a regional office of the 
     Agency for each of the regions of the United States, as 
     determined by the Under Secretary.
       (B) Duties.--Each regional office established under 
     subparagraph (A) shall expand the reach of the Agency and 
     enable the Federal Government to better serve the needs of 
     minority business enterprises in the region served by the 
     office, including by--
       (i) understanding and participating in the business 
     environment of that region;
       (ii) working with--

       (I) MBDA Business Centers that are located in that region;
       (II) resource and lending partners of other appropriate 
     Federal agencies that are located in that region; and
       (III) Federal, State, and local procurement offices that 
     are located in that region;

       (iii) being aware of business retention or expansion 
     programs that are specific to that region;
       (iv) seeking out opportunities to collaborate with regional 
     public and private programs that focus on minority business 
     enterprises; and
       (v) promoting business continuity and preparedness.

                     TITLE I--EXISTING INITIATIVES

       Subtitle A--Market Development, Research, and Information

     SEC. ___101. PRIVATE SECTOR DEVELOPMENT.

       The Under Secretary shall, whenever the Under Secretary 
     determines such action is necessary or appropriate--
       (1) provide Federal assistance to minority business 
     enterprises operating in domestic and foreign markets by 
     making available to those business enterprises, either 
     directly or in cooperation with private sector entities, 
     including community-based organizations and national 
     nonprofit organizations--
       (A) resources relating to management;
       (B) technological and technical assistance;
       (C) financial, legal, and marketing services; and
       (D) services relating to workforce development;
       (2) encourage minority business enterprises to establish 
     joint ventures and projects--
       (A) with other minority business enterprises; or
       (B) in cooperation with public sector entities or private 
     sector entities, including community-based organizations and 
     national nonprofit organizations, to increase the share of 
     any market activity being performed by minority business 
     enterprises; and
         
       (3) facilitate the efforts of private sector entities and 
     Federal agencies to advance the growth of minority business 
     enterprises.

     SEC. ___102. PUBLIC SECTOR DEVELOPMENT.

       The Under Secretary shall, whenever the Under Secretary 
     determines such action is necessary or appropriate--
       (1) consult and cooperate with public sector entities for 
     the purpose of leveraging resources available in the 
     jurisdictions of those public sector entities to promote the 
     position of minority business enterprises in the local 
     economies of those public sector entities, including by 
     assisting public sector entities to establish or enhance--
       (A) programs to procure goods and services through minority 
     business enterprises and goals for that procurement;
       (B) programs offering assistance relating to--
       (i) management;
       (ii) technology;
       (iii) law;
       (iv) financing, including accounting;
       (v) marketing; and
       (vi) workforce development; and
       (C) informational programs designed to inform minority 
     business enterprises located in the jurisdictions of those 
     public sector entities about the availability of programs 
     described in this section;
       (2) meet with leaders and officials of public sector 
     entities for the purpose of recommending and promoting local 
     administrative and legislative initiatives needed to advance 
     the position of minority business enterprises in the local 
     economies of those public sector entities; and
       (3) facilitate the efforts of public sector entities and 
     Federal agencies to advance the growth of minority business 
     enterprises.

     SEC. ___103. RESEARCH AND INFORMATION.

       (a) In General.--In order to achieve the purposes of this 
     division, the Under Secretary--
       (1) shall--
       (A) collect and analyze data, including data relating to 
     the causes of the success or failure of minority business 
     enterprises;
       (B) conduct research, studies, and surveys of--
       (i) economic conditions generally in the United States; and
       (ii) how the conditions described in clause (i) 
     particularly affect the development of minority business 
     enterprises; and
       (C) provide outreach, educational services, and technical 
     assistance in, at a minimum, the 5 most commonly spoken 
     languages in the United States to ensure that limited English 
     proficient individuals receive culturally and linguistically 
     appropriate access to the services and information provided 
     by the Agency; and
       (2) may perform an evaluation of programs carried out by 
     the Under Secretary that are designed to assist the 
     development of minority business enterprises.
       (b) Information Clearinghouse.--The Under Secretary shall--
       (1) establish and maintain an information clearinghouse for 
     the collection and dissemination to relevant parties 
     (including business owners and researchers) of demographic, 
     economic, financial, managerial, and technical data relating 
     to minority business enterprises; and
       (2) take such steps as the Under Secretary may determine to 
     be necessary and desirable to--
       (A) search for, collect, classify, coordinate, integrate, 
     record, and catalog the data described in paragraph (1); and
       (B) in a manner that is consistent with section 552a of 
     title 5, United States Code, protect the privacy of the 
     minority business enterprises to which the data described in 
     paragraph (1) relates.

   Subtitle B--Minority Business Development Agency Business Center 
                                Program

     SEC. ___111. DEFINITION.

       In this subtitle, the term ``MBDA Business Center Program'' 
     means the program established under section ___113.

     SEC. ___112. PURPOSE.

       The purpose of the MBDA Business Center Program shall be to 
     create a national network of public-private partnerships 
     that--
       (1) assist minority business enterprises in--
       (A) accessing capital, contracts, and grants; and
       (B) creating and maintaining jobs;
       (2) provide counseling and mentoring to minority business 
     enterprises; and
       (3) facilitate the growth of minority business enterprises 
     by promoting trade.

     SEC. ___113. ESTABLISHMENT.

       (a) In General.--There is established in the Agency a 
     program--
       (1) that shall be known as the MBDA Business Center 
     Program;
       (2) that shall be separate and distinct from the efforts of 
     the Under Secretary under section ___101; and
       (3) under which the Under Secretary shall make Federal 
     assistance awards to eligible entities to operate MBDA 
     Business Centers, which shall, in accordance with section 
     ___114, provide technical assistance and business development 
     services, or specialty services, to minority business 
     enterprises.
       (b) Coverage.--The Under Secretary shall take all necessary 
     actions to ensure that the MBDA Business Center Program, in 
     accordance with section ___114, offers the services described 
     in subsection (a)(3) in all regions of the United States.

     SEC. ___114. GRANTS AND COOPERATIVE AGREEMENTS.

       (a) Requirements.--An MBDA Business Center (referred to in 
     this subtitle as a ``Center''), with respect to the Federal 
     financial assistance award made to operate the Center under 
     the MBDA Business Center Program--
       (1) shall--
         
       (A) provide to minority business enterprises programs and 
     services determined to be appropriate by the Under Secretary, 
     which may include--
       (i) referral services to meet the needs of minority 
     business enterprises; and
       (ii) programs and services to accomplish the goals 
     described in section ___101(1);
       (B) develop, cultivate, and maintain a network of strategic 
     partnerships with organizations that foster access by 
     minority business enterprises to economic markets, capital, 
     or contracts;
       (C) continue to upgrade and modify the services provided by 
     the Center, as necessary, in order to meet the changing and 
     evolving needs of the business community;
       (D) establish or continue a referral relationship with not 
     less than 1 community-based organization; and
       (E) collaborate with other Centers; and
       (2) in providing programs and services under the applicable 
     MBDA Business Center agreement, may--
       (A) operate on a fee-for-service basis; or
       (B) generate income through the collection of--
       (i) client fees;
       (ii) membership fees; and
       (iii) any other appropriate fees proposed by the Center in 
     the application submitted by the Center under subsection (e).
       (b) Term.--Subject to subsection (g)(3), the term of an 
     MBDA Business Center agreement shall be not less than 3 
     years.
       (c) Financial Assistance.--
       (1) In general.--The amount of financial assistance 
     provided by the Under Secretary under an MBDA Business Center 
     agreement shall be not less than $250,000 for the term of the 
     agreement.
       (2) Matching requirement.--
       (A) In general.--A Center shall match not less than \1/3\ 
     of the amount of the financial assistance awarded to the 
     Center under the terms of the applicable MBDA Business Center 
     agreement, unless the Under Secretary determines that a 
     waiver of that requirement is necessary after a demonstration 
     by the Center of a substantial need for that waiver.
       (B) Form of funds.--A Center may meet the matching 
     requirement under subparagraph (A) by using--
       (i) cash or in-kind contributions, without regard to 
     whether the contribution is made by a third party; or
       (ii) Federal funds received from other Federal programs.

[[Page S5584]]

       (3) Use of financial assistance and program income.--A 
     Center shall use--
       (A) all financial assistance awarded to the Center under 
     the applicable MBDA Business Center agreement to carry out 
     subsection (a); and
       (B) all income that the Center generates in carrying out 
     subsection (a)--
       (i) to meet the matching requirement under paragraph (2) of 
     this subsection; and
       (ii) if the Center meets the matching requirement under 
     paragraph (2) of this subsection, to carry out subsection 
     (a).
       (d) Criteria for Selection.--The Under Secretary shall--
       (1) establish criteria that--
       (A) the Under Secretary shall use in determining whether to 
     enter into an MBDA Business Center agreement with an eligible 
     entity; and
       (B) may include criteria relating to whether an eligible 
     entity is located in--
       (i) an area, the population of which is composed of not 
     less than 51 percent socially or economically disadvantaged 
     individuals, as determined in accordance with data collected 
     by the Bureau of the Census;
       (ii) a federally recognized area of economic distress; or
       (iii) a State that is underserved with respect to the MBDA 
     Business Center Program, as defined by the Under Secretary; 
     and
       (2) make the criteria and standards established under 
     paragraph (1) publicly available, including--
       (A) on the website of the Agency; and
       (B) in each Notice of Funding Opportunity soliciting MBDA 
     Business Center agreements.
       (e) Applications.--An eligible entity desiring to enter 
     into an MBDA Business Center agreement shall submit to the 
     Under Secretary an application that includes--
       (1) a statement of--
       (A) how the eligible entity will carry out subsection (a); 
     and
       (B) any experience or plans of the eligible entity with 
     respect to--
       (i) assisting minority business enterprises to--

       (I) obtain--

       (aa) large-scale contracts, grants, or procurements;
       (bb) financing; or
       (cc) legal assistance;

       (II) access established supply chains; and
       (III) engage in--

       (aa) joint ventures, teaming arrangements, and mergers and 
     acquisitions; or
       (bb) large-scale transactions in global markets;
       (ii) supporting minority business enterprises in increasing 
     the size of the workforces of those enterprises, including, 
     with respect to a minority business enterprise that does not 
     have employees, aiding the minority business enterprise in 
     becoming an enterprise that has employees; and
       (iii) advocating for minority business enterprises; and
       (2) the budget and corresponding budget narrative that the 
     eligible entity will use in carrying out subsection (a) 
     during the term of the applicable MBDA Business Center 
     agreement.
       (f) Notification.--If the Under Secretary grants an 
     application of an eligible entity submitted under subsection 
     (e), the Under Secretary shall notify the eligible entity 
     that the application has been granted not later than 150 days 
     after the last day on which an application may be submitted 
     under that subsection.
       (g) Program Examination; Accreditation; Extensions.--
       (1) Examination.--Not later than 180 days after the date of 
     enactment of this Act, and biennially thereafter, the Under 
     Secretary shall conduct a programmatic financial examination 
     of each Center.
       (2) Accreditation.--The Under Secretary may provide 
     financial support, by contract or otherwise, to an 
     association, not less than 51 percent of the members of which 
     are Centers, to--
       (A) pursue matters of common concern with respect to 
     Centers; and
       (B) develop an accreditation program with respect to 
     Centers.
       (3) Extensions.--
       (A) In general.--The Under Secretary may extend the term 
     under subsection (b) of an MBDA Business Center agreement to 
     which a Center is a party, if the Center consents to the 
     extension.
       (B) Financial assistance.--If the Under Secretary extends 
     the term of an MBDA Business Center agreement under paragraph 
     (1), the Under Secretary shall, in the same manner and amount 
     in which financial assistance was provided during the initial 
     term of the agreement, provide financial assistance under the 
     agreement during the extended term of the agreement.
       (h) MBDA Involvement.--The Under Secretary may take actions 
     to ensure that the Agency is substantially involved in the 
     activities of Centers in carrying out subsection (a), 
     including by--
       (1) providing to each Center training relating to the MBDA 
     Business Center Program;
       (2) requiring that the operator and staff of each Center--
       (A) attend--
       (i) a conference with the Agency to establish the services 
     and programs that the Center will provide in carrying out the 
     requirements before the date on which the Center begins 
     providing those services and programs; and
       (ii) training provided under paragraph (1);
       (B) receive necessary guidance relating to carrying out the 
     requirements under subsection (a); and
       (C) work in coordination and collaboration with the Under 
     Secretary to carry out the MBDA Business Center Program and 
     other programs of the Agency;
       (3) facilitating connections between Centers and--
       (A) Federal agencies other than the Agency, as appropriate; 
     and
       (B) other institutions or entities that use Federal 
     resources, such as--
       (i) small business development centers, as that term is 
     defined in section 3(t) of the Small Business Act (15 U.S.C. 
     632(t));
       (ii) women's business centers described in section 29 of 
     the Small Business Act (15 U.S.C. 656);
       (iii) eligible entities, as that term is defined in section 
     2411 of title 10, United States Code, that provide services 
     under the program carried out under chapter 142 of that 
     title; and
       (iv) entities participating in the Hollings Manufacturing 
     Extension Partnership Program established under section 25 of 
     the National Institute of Standards and Technology Act (15 
     U.S.C. 278k);
       (4) monitoring projects carried out by each Center; and
       (5) establishing and enforcing administrative and reporting 
     requirements for each Center to carry out subsection (a).
       (i) Regulations.--The Under Secretary shall issue and 
     publish regulations that establish minimum standards 
     regarding verification of minority business enterprise status 
     for clients of entities operating under the MBDA Business 
     Center Program.

     SEC. ___115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS 
                   CENTER PROGRAM.

       The Under Secretary shall ensure that each Federal 
     assistance award made under the Business Centers program of 
     the Agency, as is in effect on the day before the date of 
     enactment of this Act, is carried out in a manner that, to 
     the greatest extent practicable, prevents disruption of any 
     activity carried out under that award.

     SEC. ___116. PUBLICITY.

       In carrying out the MBDA Business Center Program, the Under 
     Secretary shall widely publicize the MBDA Business Center 
     Program, including--
       (1) on the website of the Agency;
       (2) via social media outlets; and
       (3) by sharing information relating to the MBDA Business 
     Center Program with community-based organizations, including 
     interpretation groups where necessary, to communicate in the 
     most common languages spoken by the groups served by those 
     organizations.

 TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY 
                               BUSINESSES

     SEC. ___201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL 
                   FORMATION.

       (a) Responsibility of Agency.--Not later than 18 months 
     after the date of enactment of this Act, and annually 
     thereafter, the Under Secretary shall conduct a Government-
     business forum to review the current status of problems and 
     programs relating to capital formation by minority business 
     enterprises.
       (b) Participation in Forum Planning.--The Under Secretary 
     shall invite the heads of other Federal agencies, such as the 
     Chairman of the Securities and Exchange Commission, the 
     Secretary of the Treasury, and the Chairman of the Board of 
     Governors of the Federal Reserve System, organizations 
     representing State securities commissioners, representatives 
     of leading minority chambers of commerce, not less than 1 
     certified owner of a minority business enterprise, business 
     organizations, and professional organizations concerned with 
     capital formation to participate in the planning of each 
     forum conducted under subsection (a).
       (c) Preparation of Statements and Reports.--
       (1) Requests.--The Under Secretary may request that any 
     head of a Federal agency, department, or organization, 
     including those described in subsection (b), or any other 
     group or individual, prepare a statement or report to be 
     delivered at any forum conducted under subsection (a).
       (2) Cooperation.--Any head of a Federal agency, department, 
     or organization who receives a request under paragraph (1) 
     shall, to the greatest extent practicable, cooperate with the 
     Under Secretary to fulfill that request.
       (d) Transmittal of Proceedings and Findings.--The Under 
     Secretary shall--
       (1) prepare a summary of the proceedings of each forum 
     conducted under subsection (a), which shall include the 
     findings and recommendations of the forum; and
       (2) transmit the summary described in paragraph (1) with 
     respect to each forum conducted under subsection (a) to--
       (A) the participants in the forum;
       (B) Congress; and
       (C) the public, through a publicly available website.
       (e) Review of Findings and Recommendations; Public 
     Statements.--
       (1) In general.--A Federal agency to which a finding or 
     recommendation described in subsection (d)(1) relates shall--
       (A) review that finding or recommendation; and
       (B) promptly after the finding or recommendation is 
     transmitted under subsection (d)(2)(C), issue a public 
     statement--
       (i) assessing the finding or recommendation; and

[[Page S5585]]

       (ii) disclosing the action, if any, the Federal agency 
     intends to take with respect to the finding or 
     recommendation.
       (2) Joint statement permitted.--If a finding or 
     recommendation described in subsection (d)(1) relates to more 
     than 1 Federal agency, the applicable Federal agencies may, 
     for the purposes of the public statement required under 
     paragraph (1)(B), issue a joint statement.

     SEC. ___202. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.

       (a) Purpose.--The purpose of this section is to provide 
     information relating to alternative financing solutions to 
     minority business enterprises, as those business enterprises 
     are more likely to struggle in accessing, particularly at 
     affordable rates, traditional sources of capital.
       (b) Study and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Under Secretary shall--
       (1) conduct a study on opportunities for providing 
     alternative financing solutions to minority business 
     enterprises; and
       (2) submit to Congress, and publish on the website of the 
     Agency, a report describing the findings of the study carried 
     out under paragraph (1).

     SEC. ___203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT 
                   AND ENTREPRENEURSHIP.

       (a) Duties.--The Under Secretary shall, whenever the Under 
     Secretary determines such action is necessary or 
     appropriate--
       (1) promote the education and training of socially or 
     economically disadvantaged individuals in subjects directly 
     relating to business administration and management;
       (2) encourage institutions of higher education, leaders in 
     business and industry, and other public sector entities and 
     private sector entities, particularly minority business 
     enterprises, to--
       (A) develop programs to offer scholarships and fellowships, 
     apprenticeships, and internships relating to business to 
     socially or economically disadvantaged individuals; and
       (B) sponsor seminars, conferences, and similar activities 
     relating to business for the benefit of socially or 
     economically disadvantaged individuals;
       (3) stimulate and accelerate curriculum design and 
     improvement in support of development of minority business 
     enterprises; and
       (4) encourage and assist private institutions and 
     organizations and public sector entities to undertake 
     activities similar to the activities described in paragraphs 
     (1), (2), and (3).
       (b) Parren J. Mitchell Entrepreneurship Education Grants.--
       (1) Definition.--In this subsection, the term ``eligible 
     institution'' means an institution of higher education 
     described in any of paragraphs (1) through (7) of section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       (2) Grants.--The Under Secretary shall award grants to 
     eligible institutions to develop and implement 
     entrepreneurship curricula.
       (3) Requirements.--An eligible institution to which a grant 
     is awarded under this subsection shall use the grant funds 
     to--
       (A) develop a curriculum that includes training in various 
     skill sets needed by contemporary successful entrepreneurs, 
     including--
       (i) business management and marketing;
       (ii) financial management and accounting;
       (iii) market analysis;
       (iv) competitive analysis;
       (v) innovation;
       (vi) strategic and succession planning;
       (vii) marketing; and
       (viii) any other skill set that the eligible institution 
     determines is necessary for the students served by the 
     eligible institution and the community in which the eligible 
     institution is located; and
       (B) implement the curriculum developed under subparagraph 
     (A) at the eligible institution.
       (4) Implementation timeline.--The Under Secretary shall 
     establish and publish a timeline under which an eligible 
     institution to which a grant is awarded under this section 
     shall carry out the requirements under paragraph (3).
       (5) Reports.--Each year, the Under Secretary shall submit 
     to all applicable committees of Congress, and as part of the 
     annual budget submission of the President under section 
     1105(a) of title 31, United States Code, a report evaluating 
     the awarding and use of grants under this subsection during 
     the fiscal year immediately preceding the fiscal year in 
     which the report is submitted, which shall include, with 
     respect to the fiscal year covered by the report--
       (A) a description of each curriculum developed and 
     implemented under each grant awarded under this section;
       (B) the date on which each grant awarded under this section 
     was awarded; and
       (C) the number of eligible entities that were recipients of 
     grants awarded under this section.

           TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

     SEC. ___301. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Financial Services of the House of 
     Representatives.
       (2) Eligible entity.--The term ``eligible entity'' means--
       (A) a part B institution; or
       (B) a consortium of institutions of higher education that 
     is led by a part B institution.
       (3) MBDA rural business center.--The term ``MBDA Rural 
     Business Center'' means an MBDA Business Center that provides 
     technical business assistance to minority business 
     enterprises located in rural areas.
       (4) MBDA rural business center agreement.--The term ``MBDA 
     Rural Business Center agreement'' means an MBDA Business 
     Center agreement that establishes the terms by which the 
     recipient of the Federal assistance award that is the subject 
     of the agreement shall operate an MBDA Rural Business Center.
       (5) Part b institution.--The term ``part B institution'' 
     has the meaning given the term in section 322 of the Higher 
     Education Act of 1965 (20 U.S.C. 1061).
       (6) Rural area.--The term ``rural area'' has the meaning 
     given the term in section 343(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1991(a)).
       (7) Rural minority business enterprise.--The term ``rural 
     minority business enterprise'' means a minority business 
     enterprise located in a rural area.

     SEC. ___302. BUSINESS CENTERS.

       (a) In General.--The Under Secretary may establish MBDA 
     Rural Business Centers.
       (b) Partnership.--
       (1) In general.--With respect to an MBDA Rural Business 
     Center established by the Under Secretary, the Under 
     Secretary shall establish the MBDA Rural Business Center in 
     partnership with an eligible entity in accordance with 
     paragraph (2).
       (2) MBDA agreement.--
       (A) In general.--With respect to each MBDA Rural Business 
     Center established by the Under Secretary, the Under 
     Secretary shall enter into a cooperative agreement with an 
     eligible entity that provides that--
       (i) the eligible entity shall provide space, facilities, 
     and staffing for the MBDA Rural Business Center;
       (ii) the Under Secretary shall provide funding for, and 
     oversight with respect to, the MBDA Rural Business Center; 
     and
       (iii) subject to subparagraph (B), the eligible entity 
     shall match 20 percent of the amount of the funding provided 
     by the Under Secretary under clause (ii), which may be 
     calculated to include the costs of providing the space, 
     facilities, and staffing under clause (i).
       (B) Lower match requirement.--Based on the available 
     resources of an eligible entity, the Under Secretary may 
     enter into a cooperative agreement with the eligible entity 
     that provides that--
       (i) the eligible entity shall match less than 20 percent of 
     the amount of the funding provided by the Under Secretary 
     under subparagraph (A)(ii); or
       (ii) if the Under Secretary makes a determination, upon a 
     demonstration by the eligible entity of substantial need, the 
     eligible entity shall not be required to provide any match 
     with respect to the funding provided by the Under Secretary 
     under subparagraph (A)(ii).
       (C) Eligible funds.--An eligible entity may provide 
     matching funds required under an MBDA Rural Business Center 
     agreement with Federal funds received from other Federal 
     programs.
       (3) Term.--The initial term of an MBDA Rural Business 
     Center agreement shall be not less than 3 years.
       (4) Extension.--The Under Secretary and an eligible entity 
     may agree to extend the term of an MBDA Rural Business Center 
     agreement with respect to an MBDA Rural Business Center.
       (c) Functions.--An MBDA Rural Business Center shall--
       (1) primarily serve clients that are--
       (A) rural minority business enterprises; or
       (B) minority business enterprises that are located more 
     than 50 miles from an MBDA Business Center (other than that 
     MBDA Rural Business Center);
       (2) focus on--
       (A) issues relating to--
       (i) the adoption of broadband internet access service (as 
     defined in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation), digital literacy 
     skills, and e-commerce by rural minority business 
     enterprises;
       (ii) advanced manufacturing;
       (iii) the promotion of manufacturing in the United States;
       (iv) ways in which rural minority business enterprises can 
     meet gaps in the supply chain of critical supplies and 
     essential goods and services for the United States;
       (v) improving the connectivity of rural minority business 
     enterprises through transportation and logistics;
       (vi) promoting trade and export opportunities by rural 
     minority business enterprises;
       (vii) securing financial capital;
       (viii) facilitating entrepreneurship in rural areas; and
       (ix) creating jobs in rural areas; and
       (B) any other issue relating to the unique challenges faced 
     by rural minority business enterprises; and
       (3) provide education, training, and legal, financial, and 
     technical assistance to minority business enterprises.
       (d) Applications.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Under Secretary shall issue a 
     Notice of Funding Opportunity requesting applications from 
     eligible entities that desire to enter into MBDA Rural 
     Business Center agreements.

[[Page S5586]]

       (2) Criteria and priority.--In selecting an eligible entity 
     with which to enter into an MBDA Rural Business Center 
     agreement, the Under Secretary shall--
       (A) select an eligible entity that demonstrates--
       (i) the ability to collaborate with governmental and 
     private sector entities to leverage capabilities of minority 
     business enterprises through public-private partnerships;
       (ii) the research and extension capacity to support 
     minority business enterprises;
       (iii) knowledge of the community that the eligible entity 
     serves and the ability to conduct effective outreach to that 
     community to advance the goals of an MBDA Rural Business 
     Center;
       (iv) the ability to provide innovative business solutions, 
     including access to contracting opportunities, markets, and 
     capital;
       (v) the ability to provide services that advance the 
     development of science, technology, engineering, and math 
     jobs within minority business enterprises;
       (vi) the ability to leverage resources from within the 
     eligible entity to advance an MBDA Rural Business Center;
       (vii) that the mission of the eligible entity aligns with 
     the mission of the Agency;
       (viii) the ability to leverage relationships with rural 
     minority business enterprises; and
       (ix) a referral relationship with not less than 1 
     community-based organization; and
       (B) give priority to an eligible entity that is located in 
     a State or region that has a significant population of 
     socially or economically disadvantaged individuals.

     SEC. ___303. REPORT TO CONGRESS.

       Not later than 1 year after the date of enactment of this 
     Act, the Under Secretary shall submit to the appropriate 
     congressional committees a report that includes--
       (1) a summary of the efforts of the Under Secretary to 
     provide services to minority business enterprises located in 
     States that lack an MBDA Business Center, as of the date of 
     enactment of this Act, and especially in those States that 
     have significant minority populations; and
       (2) recommendations for extending the outreach of the 
     Agency to underserved areas.

     SEC. ___304. STUDY AND REPORT.

       (a) In General.--The Under Secretary, in coordination with 
     relevant leadership of the Agency and relevant individuals 
     outside of the Department of Commerce, shall conduct a study 
     that addresses the ways in which minority business 
     enterprises can meet gaps in the supply chain of the United 
     States, with a particular focus on the supply chain of 
     advanced manufacturing and essential goods and services.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Under Secretary shall submit to 
     the appropriate congressional committees a report that 
     includes the results of the study conducted under subsection 
     (a), which shall include recommendations regarding the ways 
     in which minority business enterprises can meet gaps in the 
     supply chain of the United States.

             TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

     SEC. ___401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT 
                   MINORITY BUSINESS ENTERPRISES.

       (a) Definition.--In this section, the term ``covered 
     entity'' means a private nonprofit organization that--
       (1) is described in paragraph (3), (4), (5), or (6) of 
     section 501(c) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code; and
       (2) can demonstrate that a primary activity of the 
     organization is to provide services to minority business 
     enterprises, whether through education, making grants or 
     loans, or other similar activities.
       (b) Purpose.--The purpose of this section is to make grants 
     to covered entities to help those covered entities continue 
     the necessary work of supporting minority business 
     enterprises.
       (c) Establishment of Office.--Not later than 180 days after 
     the date of enactment of this Act, the Under Secretary shall 
     establish within the Agency an office that has adequate 
     staffing to make and administer grants under this section.
       (d) Application.--A covered entity desiring a grant under 
     this section shall submit to the Under Secretary an 
     application at such time, in such manner, and containing such 
     information as the Under Secretary may require.
       (e) Priority.--The Under Secretary shall, in carrying out 
     this section, prioritize granting an application submitted by 
     a covered entity that is located in a federally recognized 
     area of economic distress.
       (f) Use of Funds.--A covered entity to which a grant is 
     made under this section may use the grant funds to support 
     the development, growth, or retention of minority business 
     enterprises.
       (g) Procedures.--The Under Secretary shall establish 
     procedures to--
       (1) discourage and prevent waste, fraud, and abuse by 
     applicants for, and recipients of, grants made under this 
     section; and
       (2) ensure that grants are made under this section to a 
     diverse array of covered entities, which may include--
       (A) covered entities with a national presence;
       (B) community-based covered entities;
       (C) covered entities with annual budgets below $1,000,000; 
     or
       (D) covered entities that principally serve low-income and 
     rural communities.
       (h) Inspector General Audit.--Not later than 180 days after 
     the date on which the Under Secretary begins making grants 
     under this section, the Inspector General of the Department 
     of Commerce shall--
       (1) conduct an audit of grants made under this section, 
     which shall seek to identify any discrepancies or 
     irregularities with respect to those grants; and
       (2) submit to Congress a report regarding the audit 
     conducted under paragraph (1).
       (i) Updates to Congress.--Not later than 90 days after the 
     date on which the Under Secretary establishes the office 
     described in subsection (c), and once every 30 days 
     thereafter, the Under Secretary shall submit to Congress a 
     report that contains--
       (1) the number of grants made under this section during the 
     period covered by the report; and
       (2) with respect to the grants described in paragraph (1)--
       (A) the geographic distribution of those grants by State 
     and county;
       (B) if applicable, demographic information with respect to 
     the minority business enterprises served by the covered 
     entities to which the grants were made; and
       (C) information regarding the industries of the minority 
     business enterprises served by the covered entities to which 
     the grants were made.

        TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

     SEC. ___501. PURPOSE.

       The Under Secretary shall establish the Minority Business 
     Enterprises Advisory Council (referred to in this title as 
     the ``Council'') to advise and assist the Agency.

     SEC. ___502. COMPOSITION AND TERM.

       (a) Composition.--The Council shall be composed of 9 
     members of the private sector and 1 representative from each 
     of not fewer than 10 Federal agencies that support or 
     otherwise have duties that relate to business formation, 
     including duties relating to labor development, monetary 
     policy, national security, energy, agriculture, 
     transportation, and housing.
       (b) Chair.--The Under Secretary shall designate 1 of the 
     private sector members of the Council as the Chair of the 
     Council for a 1-year term.
       (c) Term.--The Council shall meet at the request of the 
     Under Secretary and members shall serve for a term of 2 
     years. Members of the Council may be reappointed.

     SEC. ___503. DUTIES.

       (a) In General.--The Council shall provide advice to the 
     Under Secretary by--
       (1) serving as a source of knowledge and information on 
     developments in areas of the economic and social life of the 
     United States that affect socially or economically 
     disadvantaged business concerns;
       (2) providing the Under Secretary with information 
     regarding plans, programs, and activities in the public and 
     private sectors that relate to socially or economically 
     disadvantaged business concerns; and
       (3) advising the Under Secretary regarding--
       (A) any measures to better achieve the objectives of this 
     division; and
       (B) problems and matters the Under Secretary refers to the 
     Council.
       (b) Capacity.--Members of the Council shall not be 
     compensated for service on the Council but may be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in accordance with subchapter I of chapter 57 of title 5, 
     United States Code.
       (c) Termination.--Notwithstanding section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.), the Council shall 
     terminate on the date that is 5 years after the date of 
     enactment of this Act.

      TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

     SEC. ___601. GENERAL DUTIES.

       The Under Secretary may coordinate, as consistent with law, 
     the plans, programs, and operations of the Federal Government 
     that affect, or may contribute to, the establishment, 
     preservation, and strengthening of socially or economically 
     disadvantaged business concerns.

     SEC. ___602. PARTICIPATION OF FEDERAL DEPARTMENTS AND 
                   AGENCIES.

       The Under Secretary shall--
       (1) consult with other Federal agencies and departments as 
     appropriate to--
       (A) develop policies, comprehensive plans, and specific 
     program goals for the programs carried out under subtitle B 
     of title I and title III;
       (B) establish regular performance monitoring and reporting 
     systems to ensure that goals established by the Under 
     Secretary with respect to the implementation of this division 
     are being achieved; and
       (C) evaluate the impact of Federal support of socially or 
     economically disadvantaged business concerns in achieving the 
     objectives of this division;
       (2) conduct a coordinated review of all proposed Federal 
     training and technical assistance activities in direct 
     support of the programs carried out under subtitle B of title 
     I and title III to ensure consistency with program goals and 
     to avoid duplication; and
       (3) convene, for purposes of coordination, meetings of the 
     heads of such Federal agencies and departments, or their 
     designees, the programs and activities of which may affect or 
     contribute to the carrying out of this division.

     TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS 
                               PROVISIONS

     SEC. ___701. ADMINISTRATIVE POWERS.

       (a) In General.--In carrying out this division, the Under 
     Secretary may--

[[Page S5587]]

       (1) adopt and use a seal for the Agency, which shall be 
     judicially noticed;
       (2) hold hearings, sit and act, and take testimony as the 
     Under Secretary may determine to be necessary or appropriate 
     to carry out this division;
       (3) acquire, in any lawful manner, any property that the 
     Under Secretary determines to be necessary or appropriate to 
     carry out this division;
       (4) with the consent of another Federal agency, enter into 
     an agreement with that Federal agency to utilize, with or 
     without reimbursement, any service, equipment, personnel, or 
     facility of that Federal agency; and
       (5) coordinate with the heads of the Offices of Small and 
     Disadvantaged Business Utilization of Federal agencies.
       (b) Use of Property.--
       (1) In general.--Subject to paragraph (2), in carrying out 
     this division, the Under Secretary may, without cost (except 
     for costs of care and handling), allow any public sector 
     entity, or any recipient nonprofit organization, for the 
     purpose of the development of minority business enterprises, 
     to use any real or tangible personal property acquired by the 
     Agency in carrying out this division.
       (2) Terms, conditions, reservations, and restrictions.--The 
     Under Secretary may impose reasonable terms, conditions, 
     reservations, and restrictions upon the use of any property 
     under paragraph (1).

     SEC. ___702. FEDERAL ASSISTANCE.

       (a) In General.--
       (1) Provision of federal assistance.--To carry out sections 
     ___101, ___102, and ___103(a), the Under Secretary may 
     provide Federal assistance to public sector entities and 
     private sector entities in the form of grants or cooperative 
     agreements.
       (2) Notice.--Not later than 120 days after the date on 
     which amounts are appropriated to carry out this section, the 
     Under Secretary shall, in accordance with subsection (b), 
     broadly publish a statement regarding Federal assistance that 
     will, or may, be provided under paragraph (1) during the 
     fiscal year for which those amounts are appropriated, 
     including--
       (A) the actual, or anticipated, amount of Federal 
     assistance that will, or may, be made available;
       (B) the types of Federal assistance that will, or may, be 
     made available;
       (C) the manner in which Federal assistance will be 
     allocated among public sector entities and private sector 
     entities, as applicable; and
       (D) the methodology used by the Under Secretary to make 
     allocations under subparagraph (C).
       (3) Consultation.--The Under Secretary shall consult with 
     public sector entities and private sector entities, as 
     applicable, in deciding the amounts and types of Federal 
     assistance to make available under paragraph (1).
       (b) Publicity.--In carrying out this section, the Under 
     Secretary shall broadly publicize all opportunities for 
     Federal assistance available under this section, including 
     through the means required under section ___116.

     SEC. ___703. RECORDKEEPING.

       (a) In General.--Each recipient of assistance under this 
     division shall keep such records as the Under Secretary shall 
     prescribe, including records that fully disclose, with 
     respect to the assistance received by the recipient under 
     this division--
       (1) the amount and nature of that assistance;
       (2) the disposition by the recipient of the proceeds of 
     that assistance;
       (3) the total cost of the undertaking for which the 
     assistance is given or used;
       (4) the amount and nature of the portion of the cost of the 
     undertaking described in paragraph (3) that is supplied by a 
     source other than the Agency; and
       (5) any other record that will facilitate an effective 
     audit with respect to the assistance.
       (b) Access by Government Officials.--The Under Secretary, 
     the Inspector General of the Department of Commerce, and the 
     Comptroller General of the United States, or any duly 
     authorized representative of any such individual, shall have 
     access, for the purpose of audit, investigation, and 
     examination, to any book, document, paper, record, or other 
     material of the Agency or an MBDA Business Center.

     SEC. ___704. REVIEW AND REPORT BY COMPTROLLER GENERAL.

       Not later than 4 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall--
       (1) conduct a thorough review of the programs carried out 
     under this division; and
       (2) submit to Congress a detailed report of the findings of 
     the Comptroller General of the United States under the review 
     carried out under paragraph (1), which shall include--
       (A) an evaluation of the effectiveness of the programs in 
     achieving the purposes of this division;
       (B) a description of any failure by any recipient of 
     assistance under this division to comply with the 
     requirements under this division; and
       (C) recommendations for any legislative or administrative 
     action that should be taken to improve the achievement of the 
     purposes of this division.

     SEC. ___705. BIANNUAL REPORTS; RECOMMENDATIONS.

       (a) Biannual Report.--Not later than 1 year after the date 
     of enactment of this Act, and 90 days after the last day of 
     each odd-numbered year thereafter, the Under Secretary shall 
     submit to Congress, and publish on the website of the Agency, 
     a report of each activity of the Agency carried out under 
     this division during the period covered by the report.
       (b) Recommendations.--The Under Secretary shall 
     periodically submit to Congress and the President 
     recommendations for legislation or other actions that the 
     Under Secretary determines to be necessary or appropriate to 
     promote the purposes of this division.

     SEC. ___706. SEPARABILITY.

       If a provision of this division, or the application of a 
     provision of this division to any person or circumstance, is 
     held by a court of competent jurisdiction to be invalid, that 
     judgment--
       (1) shall not affect, impair, or invalidate--
       (A) any other provision of this division; or
       (B) the application of this division to any other person or 
     circumstance; and
       (2) shall be confined in its operation to--
       (A) the provision of this division with respect to which 
     the judgment is rendered; or
       (B) the application of the provision of this division to 
     each person or circumstance directly involved in the 
     controversy in which the judgment is rendered.

     SEC. ___707. EXECUTIVE ORDER 11625.

       The powers and duties of the Agency shall be determined--
       (1) in accordance with this division and the requirements 
     of this division; and
       (2) without regard to Executive Order 11625 (36 Fed. Reg. 
     19967; relating to prescribing additional arrangements for 
     developing and coordinating a national program for minority 
     business enterprise).

     SEC. ___708. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Under 
     Secretary $100,000,000 for each of fiscal years 2021 through 
     2025 to carry out this division, of which--
       (1) a majority shall be used in each such fiscal year to 
     carry out the MBDA Business Center Program under subtitle B 
     of title I, including the component of that program relating 
     to specialty centers; and
       (2) $10,000,000 shall be used in each such fiscal year to 
     carry out title III.
                                 ______
                                 
  SA 2164. Mrs. FISCHER (for herself and Ms. Cortez Masto) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. 60___. BROADBAND DEPLOYMENT LOCATIONS MAP.

       (a) Definitions.--In this section:
       (1) Broadband infrastructure.--The term ``broadband 
     infrastructure'' means any cables, fiber optics, wiring, or 
     other permanent (integral to the structure) infrastructure, 
     including wireless infrastructure, that--
       (A) is capable of providing access to internet connections 
     in individual locations; and
       (B) is an advanced telecommunications capability, as 
     defined in section 706(d) of the Telecommunications Act of 
     1996 (47 U.S.C. 1302(d)).
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (3) Deployment locations map.--The term ``Deployment 
     Locations Map'' means the mapping tool required to be 
     established under subsection (b).
       (b) Establishment of Deployment Locations Map.--Not later 
     than 18 months after the date of enactment of this Act, the 
     Commission shall, in consultation with all relevant Federal 
     agencies, establish an online mapping tool to provide a 
     locations overview of the overall geographic footprint of 
     each broadband infrastructure deployment project funded by 
     the Federal Government.
       (c) Requirements.--The Deployment Locations Map shall be--
       (1) the centralized, authoritative source of information on 
     funding made available by the Federal Government for 
     broadband infrastructure deployment in the United States; and
       (2) made publicly available on the website of the 
     Commission.
       (d) Functions.--In establishing the Deployment Locations 
     Map, the Commission shall ensure that the Deployment 
     Locations Map--
       (1) compiles data related to Federal funding for broadband 
     infrastructure deployment provided by the Commission, the 
     National Telecommunications and Information Administration, 
     the Department of Agriculture, the Department of Health and 
     Human Services, the Department of the Treasury, the 
     Department of Housing and Urban Development, the Institute of 
     Museum and Library Sciences, and any other Federal agency 
     that provides such data relating to broadband infrastructure 
     deployment funding to the Commission, including funding 
     under--

[[Page S5588]]

       (A) this Act;
       (B) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (C) the Consolidated Appropriations Act, 2021 (Public Law 
     116-260);
       (D) American Rescue Plan Act of 2021 (Public Law 117-2); or
       (E) any Federal amounts appropriated or any Federal program 
     authorized after the date of enactment of this Act to fund 
     broadband infrastructure deployment;
       (2) contains data, with respect to each broadband 
     infrastructure deployment program, relating to--
       (A) the Federal agency of jurisdiction;
       (B) the program title; and
       (C) the network type, including wired, terrestrial fixed, 
     wireless, mobile, and satellite broadband infrastructure 
     deployment;
       (3) allows users to manipulate the Deployment Locations Map 
     to identify, search, and filter broadband infrastructure 
     deployment projects by--
       (A) company name;
       (B) duration timeline, including the dates of a project's 
     beginning and ending, or anticipated beginning or ending 
     date;
       (C) total number of locations to which a project makes 
     service available; and
       (D) relevant download and upload speeds; and
       (4) incorporates broadband service availability data as 
     depicted in the Broadband Map created under section 802(c)(1) 
     of the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
       (e) Periodic Updates.--
       (1) In general.--The Commission shall, in consultation with 
     relevant Federal agencies, ensure the Deployment Locations 
     Map is maintained and up to date on a periodic basis, but not 
     less frequently than once every 180 days.
       (2) Other federal agencies.--Each Federal agency providing 
     funding for broadband infrastructure deployment shall report 
     relevant data to the Commission on a periodic basis.
       (f) No Effect on Programmatic Missions.--Nothing in this 
     section shall be construed to affect the programmatic 
     missions of Federal agencies providing funding for broadband 
     infrastructure development.
       (g) Nonduplication.--The requirements in this section shall 
     be consistent with and avoid duplication with the provisions 
     of section 903 of division FF of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).
       (h) Funding.--Of the amounts appropriated to carry out this 
     division under this Act, $10,000,000 shall be made available 
     to carry out this section.
                                 ______
                                 
  SA 2165. Mr. WARNOCK submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division C, insert the 
     following:

     SEC. 30___. HELPING OBTAIN PROSPERITY FOR EVERYONE PROGRAM.

       (a) In General.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5307 the 
     following:

     ``Sec. 5308. Helping Obtain Prosperity for Everyone program

       ``(a) Definitions.--In this section:
       ``(1) Area of persistent poverty.--The term `area of 
     persistent poverty' means--
       ``(A) a county that has consistently had greater than or 
     equal to 20 percent of the population living in poverty 
     during the most recent 30-year period for which data is 
     available, as measured by the 1990 and 2000 decennial 
     censuses and the most recent Small Area Income and Poverty 
     Estimates, as estimated by the Bureau of the Census;
       ``(B) a census tract with a poverty rate of at least 20 
     percent as measured by the most recent 5-year data series 
     available from the American Community Survey of the Bureau of 
     the Census for all States and Puerto Rico; or
       ``(C) any other territory or possession of the United 
     States of which at least 20 percent of the population has 
     consistently lived in poverty over the most recent 30-year 
     period for which data is available, as measured by the 1990, 
     2000, and 2010 decennial censuses or equivalent data of the 
     Bureau of the Census.
       ``(2) Covered project.--The term `covered project' means 
     any project eligible under this chapter carried out by an 
     eligible entity that would serve an area of persistent 
     poverty.
       ``(3) Eligible entity.--The term `eligible entity' means an 
     eligible recipient or subrecipient under section 5307, 5310, 
     or 5311 that seeks to carry out a covered project.
       ``(4) Program.--The term `program' means the Helping Obtain 
     Prosperity for Everyone program established under subsection 
     (b).
       ``(b) Establishment.--The Secretary shall carry out a 
     program, to be known as the `Helping Obtain Prosperity for 
     Everyone' program, to award grants to eligible entities--
       ``(1) to carry out planning or engineering work for covered 
     projects, which may include studies or analyses to assess the 
     transit needs of an area of persistent poverty; and
       ``(2) to develop technical or financing plans for covered 
     projects.
       ``(c) Application.--An eligible entity seeking a grant 
     under the program, or a State department of transportation 
     acting on behalf of an eligible entity seeking a grant under 
     the program, shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(d) Federal Share.--The Federal share of the cost of an 
     activity described in subsection (b) shall be not less than 
     90 percent.
       ``(e) Outreach.--Not later than 1 year after the date on 
     which the Secretary establishes the program, the Secretary 
     shall conduct outreach, including through personal contact, 
     webinars, online materials, and other appropriate methods 
     determined by the Secretary, to eligible entities with 
     respect to grant opportunities under the program.
       ``(f) Partnerships.--
       ``(1) In general.--The recipient of a grant under the 
     program may enter into a partnership with a nonprofit 
     organization or other entity to assist the recipient in 
     carrying out the activities described in subsection (b).
       ``(2) Encouragement.--The Secretary shall encourage 
     recipients of grants under the program to enter into 
     partnerships with nonprofit organizations that could assist 
     the recipient in ensuring that a covered project results in 
     lower emissions or no emissions.
       ``(g) Rural Areas.--Of the amounts made available to carry 
     out the program each fiscal year, the Secretary shall ensure 
     that not less than 20 percent is used to carry out covered 
     projects in rural areas.
       ``(h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000 for 
     each of fiscal year 2022 through 2026.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     53 of title 49, United States Code, is amended by inserting 
     after the item relating to section 5307 the following:

``5308. Helping Obtain Prosperity for Everyone program.''.
                                 ______
                                 
  SA 2166. Mr. WARNOCK submitted an amendment intended to be proposed 
by him to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        In section 30005, add at the end the following:
       (c) Commuter or Destination-based Bus Rapid Transit 
     Projects.--Section 5309 of title 49, United States Code, is 
     amended--
       (1) in subsection (a) (as amended by subsection (a))--
       (A) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7);
       (B) by inserting after paragraph (1) the following:
       ``(2) Commuter or destination-based bus rapid transit 
     project.--The term `commuter or destination-based bus rapid 
     transit project' means a small start project utilizing 
     buses--
       ``(A) in which the project represents a substantial 
     investment in a defined corridor, as demonstrated by features 
     that emulate the services provided by commuter rail or other 
     rail fixed guideway public transportation systems, 
     including--
       ``(i) defined stations;
       ``(ii) traffic signal or access to managed lanes for public 
     transportation vehicles;
       ``(iii) short headway services for a substantial part of 
     weekdays; and
       ``(iv) any other features the Secretary may determine 
     support a long-term corridor investment; and
       ``(B) in which--
       ``(i) the majority of the project does not operate in a 
     separated right-of-way dedicated for public transportation 
     use during peak periods; and
       ``(ii) a substantial portion of the project operates in a 
     highway right-of-way.'';
       (2) in subsection (h), by adding at the end the following:
       ``(8) Commuter or destination-based bus rapid transit 
     project ratings.--In issuing policy guidance under subsection 
     (g)(5), the Secretary may establish alternative evaluation 
     criteria for commuter or destination-based bus rapid transit 
     projects for--
       ``(A) economic development effects associated with those 
     projects; or
       ``(B) policies and land use patterns that support public 
     transportation.''; and
       (3) in subsection (m), by adding at the end the following:
       ``(3) Cost of carrying out planning and activities required 
     under the national environmental policy act of 1969.--
       ``(A) In general.--Subject to subparagraph (B), the cost of 
     carrying out the planning and activities required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), including planning and activities carried out prior to 
     a project entering into the project development phase, shall 
     be counted toward the net capital project cost for purposes 
     of paragraph (1).
       ``(B) Guidance.--The Secretary shall provide guidance to 
     applicants on the costs of planning and activities required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) that are eligible to be counted under 
     subparagraph (A).''.

[[Page S5589]]

  

                                 ______
                                 
  SA 2167. Mr. WARNOCK (for himself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 2637, line 15, strike ``$47,272,000,000'' and 
     insert ``$51,772,000,000''.
       On page 2637, line 18, strike ``$9,454,400,000'' and insert 
     ``$10,354,400,000''.
       On page 2637, line 20, strike ``$9,454,400,000'' and insert 
     ``$10,354,400,000''.
       On page 2637, line 22, strike ``$9,454,400,000'' and insert 
     ``$10,354,400,000''.
       On page 2637, line 24, strike ``$9,454,400,000'' and insert 
     ``$10,354,400,000''.
       On page 2638, line 1, strike ``$9,454,400,000'' and insert 
     ``$10,354,400,000''.
       On page 2658, line 14, strike ``$500,000,000'' and insert 
     ``$5,000,000,000''.
       On page 2658, line 20, strike ``$100,000,000'' and insert 
     ``$1,000,000,000''.
       On page 2658, line 22, strike ``$400,000,000'' and insert 
     ``$4,000,000,000''.
       On page 2659, line 2, strike ``$15,000,000'' and insert 
     ``$150,000,000''.
                                 ______
                                 
  SA 2168. Mr. WARNOCK submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. 60___. ACCESS TO DEVICES.

       (a) Short Title.--This section may be cited as the ``Device 
     Access for Every American Act''.
       (b) Findings.--Congress finds that--
       (1) approximately 25 percent of adults in the United States 
     do not own a computer;
       (2) 4,400,000 households with students still lack 
     consistent access to a computer, which prevents those 
     students from completing schoolwork;
       (3) there are no reliable estimates about the number of 
     students forced to share a computer with another member of 
     their household, potentially forcing the household to choose 
     between important online activities such as work and 
     learning;
       (4) for those households without a computer or tablet, most 
     cannot afford one; and
       (5) while computer access is nearly ubiquitous among high-
     income households, 40 percent of low-income adults lack a 
     computer.
       (c) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Connected device.--The term ``connected device'' means 
     any of the following:
       (A) A desktop computer.
       (B) A laptop computer.
       (C) A tablet computer.
       (D) Any similar device (except for a telephone or 
     smartphone) that the Commission determines should be eligible 
     for the use of a voucher under the program.
       (3) Eligible expenses.--The term ``eligible expenses'' 
     means, with respect to a connected device--
       (A) the retail price of the connected device;
       (B) any sales taxes collected by the retailer with respect 
     to the sale of the connected device;
       (C) any shipping charges assessed by the retailer with 
     respect to the connected device; and
       (D) any reasonable (as defined by the Commission) product 
     warranty and technical support services.
       (4) Eligible individual.--The term ``eligible individual'' 
     means an individual who is a member of an eligible household, 
     as defined in section 904(a)(6) of division N of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260), 
     except that--
       (A) in determining under subparagraph (A) of such section 
     904(a)(6) for purposes of this paragraph whether at least 1 
     member of the household meets the qualifications in 
     subsection (a) or (b) of section 54.409 of title 47, Code of 
     Federal Regulations, or any successor regulation, paragraph 
     (1) of such subsection (a) shall be applied by striking ``135 
     percent'' and inserting ``150 percent''; and
       (B) subparagraphs (C) and (E) of such section 904(a)(6) 
     shall not apply for purposes of this paragraph.
       (5) Program.--The term ``Program'' means the program 
     established under subsection (d).
       (d) Connected Device Voucher Program.--
       (1) Establishment; regulations.--Not later than 180 days 
     after the date of enactment of this Act, the Commission shall 
     establish, and promulgate regulations to implement in 
     accordance with this section, a program through which--
       (A) an eligible individual may obtain a voucher that can be 
     applied toward the purchase of a connected device from a 
     retailer; and
       (B) the Commission reimburses the retailer in an amount 
     equal to the lesser of--
       (i) the amount of the voucher; or
       (ii) the eligible expenses with respect to the connected 
     device.
       (2) Amount of voucher.--
       (A) In general.--The amount of a voucher under the Program 
     shall be $400, as such amount may be adjusted by the 
     Commission under subparagraph (B).
       (B) Reevaluation; adjustment.--Not later than 3 years after 
     the date on which the Commission promulgates regulations 
     under paragraph (1), and every 3 years thereafter, the 
     Commission shall--
       (i) reevaluate the amount of the voucher; and
       (ii) after conducting such reevaluation, if necessary to 
     ensure that the voucher reflects the average amount of 
     eligible expenses with respect to a connected device, adjust 
     the amount of the voucher.
       (C) Price of connected device exceeding amount of 
     voucher.--If the eligible expenses with respect to a 
     connected device exceed the amount of the voucher, an 
     eligible individual may--
       (i) apply the voucher to such expenses; and
       (ii) pay the remainder of such expenses to the retailer 
     from other funds available to the individual.
       (3) Number and frequency of vouchers.--An eligible 
     individual may obtain 1 voucher under the Program every 4 
     years, except that not more than 2 eligible individuals per 
     household may obtain a voucher under the Program every 4 
     years.
       (4) Minimum standards for connected devices.--
       (A) In general.--A voucher under the Program may not be 
     applied toward the purchase of a connected device unless the 
     connected device meets minimum standards to ensure that 
     connected devices meet the needs of the average user, which 
     the Commission shall establish in the regulations promulgated 
     under paragraph (1).
       (B) Reevaluation; revision.--Not later than 3 years after 
     the date on which the Commission promulgates regulations 
     under paragraph (1), and every 3 years thereafter, the 
     Commission shall--
       (i) reevaluate the minimum standards established under 
     subparagraph (A); and
       (ii) after conducting such reevaluation, if necessary to 
     ensure that connected devices continue to meet the needs of 
     the average user, revise such minimum standards.
       (C) Standards for new and refurbished devices.--The 
     Commission may establish separate minimum standards under 
     subparagraph (A) for new connected devices and for 
     refurbished connected devices.
       (5) Collaboration with retailers.--
       (A) In general.--The Commission shall collaborate with 
     retailers to ensure the wide acceptance of vouchers and the 
     wide availability of covered devices that will be free of 
     charge to consumers after applying a voucher.
       (B) Website.--The Commission shall establish a website, 
     which shall--
       (i) link to offerings by retailers of connected devices 
     eligible for the use of a voucher under the Program so that a 
     consumer may initiate the purchase of such a device using the 
     voucher through the website; and
       (ii) if the number of vouchers available over a particular 
     time period is limited, indicate the number of vouchers 
     remaining.
       (C) Catalog.--The Commission shall establish a catalog, 
     which shall--
       (i) be accessible to consumers without internet access and 
     include offerings by retailers of connected devices eligible 
     for the use of a voucher under the Program; and
       (ii) if the number of vouchers available over a particular 
     time period is limited, indicate the number of vouchers 
     remaining.
       (6) Advertisement of program.--The Commission shall 
     advertise the availability of the Program, including by 
     carrying out advertising campaigns in collaboration with 
     retailers of connected devices.
       (7) Technical assistance.--The Commission shall provide 
     technical assistance to retailers, eligible individuals, and 
     community-based organizations regarding participation in the 
     Program.
       (8) Authorization of appropriations.--There is authorized 
     to be appropriated to the Commission for fiscal year 2022, to 
     remain available until September 30, 2026, $2,000,000,000 to 
     carry out this section, of which not more than 3 percent may 
     be used to administer and promote the Program.
       (e) Enforcement.--
       (1) Violations.--A violation of this section or a 
     regulation promulgated under this section shall be treated as 
     a violation of the Communications Act of 1934 (47 U.S.C. 151 
     et seq.) or a regulation promulgated under such Act.
       (2) Enforcement manner.--The Commission shall enforce this 
     section and the regulations promulgated under this section in 
     the same manner, by the same means, and with the same 
     jurisdiction, powers, and duties as though all applicable 
     terms and provisions of the Communications Act of 1934 (47 
     U.S.C. 151 et seq.) were incorporated into and made a part of 
     this section.
       (3) Use of universal service administrative company 
     permitted.--The Commission shall have the authority to avail 
     itself of the services of the Universal Service 
     Administrative Company to implement the Program,

[[Page S5590]]

     including developing and processing reimbursements and 
     distributing funds.
       (f) Paperwork Reduction Act Requirements.--A collection of 
     information conducted or sponsored under the regulations 
     required under subsection (d) shall not constitute a 
     collection of information for the purposes of subchapter I of 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act'').
       (g) Privacy Act.--The requirement to publish notices 
     related to system of records notices or computer matching 
     agreements of the agency before implementation required under 
     paragraphs (4), (11), and (12) of section 552a(e) and to 
     provide adequate advanced notice under section 552a(r) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974'') shall not apply when the matching program is 
     necessary to determine eligibility under the Program, except 
     that the notices shall be--
       (1) sent to the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Oversight and Reform of the House of Representatives, and the 
     Office of Management and Budget; and
       (2) simultaneously submitted for publication in the Federal 
     Register.
                                 ______
                                 
  SA 2169. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

               DIVISION K--BUILD AMERICA'S LIBRARIES ACT

     SEC. 100001. SHORT TITLE.

       This division may be cited as the ``Build America's 
     Libraries Act''.

     SEC. 100002. PURPOSE.

       The purpose of this division is to support long-term 
     improvements to library facilities (including addressing 
     needs that have arisen due to COVID-19) in order for 
     libraries to better serve underserved and distressed 
     communities, low-income and rural areas, and people with 
     disabilities and vulnerable library users including children 
     and seniors.

     SEC. 100003. DEFINITIONS.

       In this division:
       (1) Director.--The term ``Director'' has the meaning given 
     the term in section 202 of the Museum and Library Services 
     Act (20 U.S.C. 9101).
       (2) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 202 of the 
     Museum and Library Services Act (20 U.S.C. 9101).
       (3) Library.--The term ``library'' has the meaning given 
     the term in section 213 of the Library Services and 
     Technology Act (20 U.S.C. 9122).
       (4) State.--The term ``State'' has the meaning given the 
     term in section 213 of the Library Services and Technology 
     Act (20 U.S.C. 9122).
       (5) State library administrative agency.--The term ``State 
     library administrative agency'' has the meaning given the 
     term in section 213 of the Library Services and Technology 
     Act (20 U.S.C. 9122).

     SEC. 100004. BUILD AMERICA'S LIBRARIES FUND.--

       (a) Establishment.--From the amount appropriated under 
     section 100009, there is established a Build America's 
     Libraries Fund for the purpose of supporting long-term 
     improvements to library facilities in accordance with this 
     division.
       (b) Reservations.--From the amount available in the Build 
     America's Libraries Fund, the Director shall reserve 3 
     percent to award grants to Indian Tribes and to organizations 
     that primarily serve and represent Native Hawaiians, in the 
     same manner as the Director makes grants under section 261 of 
     the Library Services and Technology Act (20 U.S.C. 9161) to 
     enable such Indian Tribes and organizations to carry out the 
     activities described in paragraphs (1) through (9) of section 
     100005(c).

     SEC. 100005. ALLOCATION TO STATES.

       (a) Allocation to States.--
       (1) State-by-state allocation.--
       (A) In general.--From the amount available in the Build 
     America's Libraries Fund and not reserved under section 
     100004(b), each State that has a plan approved by the 
     Director under subsection (b) shall be allocated an amount in 
     the same manner as the Director makes allotments to States 
     under section 221(b) of the Library Services and Technology 
     Act (20 U.S.C. 9131(b)), except that, for purposes of this 
     section, the minimum allotment for each State shall be 
     $10,000,000, except that the minimum allotment shall be 
     $500,000 in the case of the United States Virgin Islands, 
     Guam, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau.
       (B) Reallocation of remaining funds.--
       (i) In general.--From the remainder of any amounts not 
     reserved or allocated under subparagraph (A), on the date 
     that is 1 year after the date of enactment of this division, 
     the Director shall allocate to each State that has a plan 
     approved by the Director under subsection (b), an amount that 
     bears the same relation to such remainder as the population 
     of the State bears to the population of all States.
       (ii) Data.--For the purposes of clause (i), the population 
     of each State and of all the States shall be determined by 
     the Director on the basis of the most recent data available 
     from the Bureau of the Census.
       (2) State reservations.--A State shall reserve not more 
     than 4 percent of its allocation under paragraph (1) for 
     administrative costs and to provide technical assistance to 
     libraries that are eligible to apply for a grant under 
     section 100006.
       (b) State Plan.--
       (1) In general.--To be eligible to receive an allocation 
     under this section, a State library administrative agency 
     shall submit to the Director a plan that includes such 
     information as the Director may require, including at a 
     minimum--
       (A) a description of how the State will use the allocation 
     to make long-term improvements to library facilities with a 
     focus on underserved and marginalized communities;
       (B) a description regarding how the State will carry out 
     its responsibility to provide technical assistance under 
     subsection (a)(2), including providing, as appropriate, 
     training and resources to help library staff maximize the 
     use, functionality, and accessibility of library facilities 
     improved under this section;
       (C) a description regarding how the State will make the 
     determinations of eligibility and priority under subsections 
     (b) and (d) of section 100006;
       (D) a certification that the State has met the maintenance 
     of effort requirements under section 223(c) of the Library 
     Services and Technology Act (20 U.S.C. 9133(c)); and
       (E) an assurance that the State will meet the supplement 
     not supplant requirement under section 100007(c).
       (2) Approval.--
       (A) In general.--The Director shall approve a State plan 
     submitted under paragraph (1) that meets the requirements of 
     paragraph (1) and provides satisfactory assurances that the 
     provisions of such plan will be carried out.
       (B) Public availability.--Each State library administrative 
     agency receiving an allocation under this section shall make 
     the State plan available to the public, including through 
     electronic means.
       (C) Administration.--If the Director determines that the 
     State plan does not meet the requirements of this section, 
     the Director shall--
       (i) immediately notify the State library administrative 
     agency of such determination and the reasons for such 
     determination;
       (ii) offer the State library administrative agency the 
     opportunity to revise its State plan;
       (iii) provide technical assistance in order to assist the 
     State library administrative agency in meeting the 
     requirements of this section; and
       (iv) provide the State library administrative agency the 
     opportunity for a hearing.
       (c) Uses of Funds.--Each State receiving an allocation 
     under this section shall use the funds for any 1 or more of 
     the following:
       (1) Constructing, renovating, modernizing, or retrofitting 
     library facilities in the State, which may include--
       (A) financing new library facilities;
       (B) making capital improvements to existing library 
     facilities, including buildings, facilities, grounds, and 
     bookmobiles;
       (C) enhancing library facilities to improve the overall 
     safety and health of library patrons and staff, including 
     improvements directly related to reducing the risk of 
     community spread of COVID-19; and
       (D) addressing the vulnerability of library facilities to 
     natural disasters and hazards.
       (2) Investing in infrastructure projects related to 
     improving internet access and connectivity in library 
     facilities and for library patrons, including projects 
     related to high-speed broadband, technology hardware, and 
     mobile hotspots and similar equipment.
       (3) Improving energy and water efficiency and addressing 
     the environmental impacts of library facilities.
       (4) Improving indoor air quality and ventilation in library 
     facilities, including mechanical and non-mechanical heating, 
     ventilation, and air conditioning systems, filtering and 
     other air cleaning, fans, control systems, and window and 
     door repair and replacement.
       (5) Reducing or eliminating the presence in library 
     facilities of potential hazards to library staff and patrons, 
     including--
       (A) toxic substances, including mercury, radon, PCBs, lead, 
     and asbestos; or
       (B) mold and mildew.
       (6) Ensuring the safety of drinking water at the tap in 
     library facilities, which may include testing of the 
     potability of water at the tap for the presence of lead and 
     other contaminants.
       (7) Ensuring that library facilities are--
       (A) accessible to people with disabilities, including by 
     implementing universal and inclusive design; and
       (B) in compliance with the Architectural Barriers Act of 
     1968 (42 U.S.C. 4151 et seq.), the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794).
       (8) Improving library facilities for the purposes of 
     supporting place-based services or community-based 
     partnerships that provide library patrons with access to 
     educational, workforce, behavioral health, mental health, and 
     social services.

[[Page S5591]]

       (9) Assessing the condition of existing library facilities 
     and the need for new or improved library facilities and 
     developing facilities master plans.

     SEC. 100006. NEED-BASED GRANTS TO LIBRARIES.

       (a) Grants to Libraries.--From the amounts allocated to a 
     State under section 100005(a), the State library 
     administrative agency shall award grants to libraries, on a 
     competitive basis, to carry out the activities described in 
     paragraphs (1) through (9) of section 100005(c).
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, a library shall be--
       (1) a public library;
       (2) a tribal library; or
       (3) a State library or a State archive, with respect to 
     outlets and facilities that provide library service directly 
     to the general public.
       (c) Application.--A library described in subsection (b) 
     that desires to receive a grant under this section shall 
     submit an application to the State library administrative 
     agency at such time, in such manner, and containing such 
     information as the State library administrative agency may 
     require, including--
       (1) the information necessary for the State to make a 
     determination of the library's eligibility for the grant and 
     priority under subsection (d); and
       (2) a description of the projects that the library plans to 
     carry out with the grant, in accordance with paragraphs (1) 
     through (9) of section 100005(c), including--
       (A) the rationale the library used to select such project; 
     and
       (B) a description of how the library took into 
     consideration the impacts of such projects on underserved or 
     marginalized communities, including families with incomes 
     below the poverty line (as defined under section 673(2) of 
     the Community Services Block Grant Act (42 U.S.C. 9902(2)).
       (d) Priority of Grants.--In awarding grants under this 
     section, the State--
       (1) shall give first priority to eligible libraries that 
     demonstrate the greatest need for such a grant in order to 
     plan for, and make long-term improvements to, library 
     facilities that predominantly provide service to underserved 
     or marginalized communities, including families with incomes 
     below the poverty line (as defined under section 673(2) of 
     the Community Services Block Grant Act (42 U.S.C. 9902(2)); 
     and
       (2) may additionally give priority to eligible libraries 
     that will use the grant to replace, renovate, modernize, or 
     retrofit existing library facilities in order to--
       (A) make health, safety, resiliency, hazard mitigation, or 
     emergency preparedness improvements to existing library 
     facilities that pose a severe health or safety threat to 
     library patrons or staff, which may include a threat posed by 
     the proximity of the facilities to toxic sites or the 
     vulnerability of the facilities to natural disasters;
       (B) install or upgrade hardware that will improve access to 
     high-speed broadband for library patrons of the library 
     facilities;
       (C) improve access for library patrons or staff with 
     disabilities to use the library facilities and its equipment; 
     or
       (D) improve the energy efficiency of or reduce the carbon 
     emissions or negative environmental impacts resulting from 
     the existing library facilities.
       (e) Supplement Not Supplant.--A library shall use a grant 
     received under this section only to supplement the level of 
     Federal, State, and local public funds that would, in the 
     absence of such grant, be made available for the activities 
     supported by the grant, and not to supplant such funds.

     SEC. 100007. ADMINISTRATION AND OVERSIGHT.

       (a) No Prohibition Against Construction.--Section 210A of 
     the Museum and Library Services Act (20 U.S.C. 9109) shall 
     not apply to this division.
       (b) No Matching Requirement or Non-Federal Share.--
     Notwithstanding any other provision of law, a State, Indian 
     Tribe, organization, library, or other entity that receives 
     funds under this division shall not be required to provide 
     matching funds or a non-Federal share toward the cost of the 
     activities carried out with the funds.
       (c) Supplement Not Supplant.--A State shall use an 
     allocation received under section 100005 only to supplement 
     the level of Federal, State, and local public funds that 
     would, in absence of such allocation, be made available for 
     the activities supported by the allocation, and not to 
     supplant such funds.
       (d) Administrative Costs.--From the amount appropriated 
     under section 100009, the Director may allocate not more than 
     3 percent of such amount for program administration, 
     oversight activities, research, analysis, and data collection 
     related to the purposes of the Build America's Libraries 
     Fund.
       (e) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this division and annually thereafter until all 
     funds provided under this division have been expended, the 
     Director shall issue reports to the Committee on 
     Appropriations and the Committee on Health, Education, Labor, 
     and Pensions of the Senate and the Committee on 
     Appropriations and the Committee on Education and Labor of 
     the House of Representatives detailing how funding under this 
     division has been spent and its impact on improving library 
     services in communities that are served, including 
     underserved and marginalized populations, Indian Tribes, and 
     Native Hawaiian communities, and shall make such reports 
     publicly available on the website of the Institute of Museum 
     and Library Services.
       (2) State report.--A State that receives funds under this 
     division shall, not later than 1 year after the date of 
     enactment of this division, and annually thereafter until all 
     funds have been expended, submit a report to the Director at 
     such time and in such manner as the Director may require.
       (f) American Iron and Steel Products.--
       (1) In general.--As a condition on receipt of funds under 
     this division for a project, an entity shall ensure that all 
     of the iron and steel products used in the project are 
     produced in the United States.
       (2) Application.--Paragraph (1) shall be waived in any case 
     or category of cases in which the Director finds that--
       (A) applying subparagraph (A) would be inconsistent with 
     the public interest;
       (B) iron and steel products are not produced in the United 
     States in sufficient and reasonably available quantities and 
     of a satisfactory quality; or
       (C) inclusion of iron and steel products produced in the 
     United States will increase the cost of the overall project 
     by more than 25 percent.
       (3) Waiver.--If the Director receives a request for a 
     waiver under this subsection, the Director shall make 
     available to the public, on an informal basis, a copy of the 
     request and information available to the Director concerning 
     the request, and shall allow for informal public input on the 
     request for at least 15 days prior to making a finding based 
     on the request. The Director shall make the request and 
     accompanying information available by electronic means.
       (4) International agreements.--This subsection shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
       (5) Management and oversight.--The Director may retain up 
     to 0.25 percent of the funds appropriated for this division 
     for management and oversight of the requirements of this 
     subsection.
       (6) Effective date.--This paragraph does not apply with 
     respect to a project if a State agency approves the 
     engineering plans and specifications for the project, in that 
     agency's capacity to approve such plans and specifications 
     prior to a project requesting bids, prior to the date of 
     enactment of this division.

     SEC. 100008. OTHER REQUIREMENTS.

       For fiscal year 2022 and each succeeding fiscal year, with 
     respect to each contract or subcontract funded, in whole or 
     in part, under this division--
       (1) the provisions of subchapter IV of chapter 31 of title 
     40, United States Code, shall apply with respect to laborers 
     or mechanics for each construction contract or subcontract 
     funded, in whole or in part, under this division; and
       (2) the provisions of chapter 67 of title 41, United States 
     Code, shall apply with respect to service employees for each 
     contract or subcontract funded, in whole or in part, under 
     this division, except that, for purposes of such chapter, the 
     term ``service employee'' shall--
       (A) have the meaning given the term in section 6701 of such 
     title;
       (B) include employees that are routine operations workers 
     or routine maintenance workers; and
       (C) not include any employee covered under paragraph (1).

     SEC. 100009. APPROPRIATION OF FUNDS.

       There is authorized to be appropriated, and there is 
     appropriated, to carry out this division, $5,000,000,000, for 
     the period of fiscal years 2022 through 2024, to remain 
     available until expended.
                                 ______
                                 
  SA 2170. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division G, add the following:

            TITLE XII--REOPEN AND REBUILD AMERICA'S SCHOOLS

     SEC. 72001. SHORT TITLE.

       This title may be cited as the ``Reopen and Rebuild 
     America's Schools Act of 2021''.

     SEC. 72002. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Education and Labor of the House of Representatives and 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate.
       (2) Bureau-funded school.--The term ``Bureau-funded 
     school'' has the meaning given that term in section 1141 of 
     the Education Amendments of 1978 (25 U.S.C. 2021).
       (3) Covered funds.--The term ``covered funds'' means funds 
     received--
       (A) under subtitle A of this Act;
       (B) from a school infrastructure bond; or
       (C) from a qualified zone academy bond (as such term is 
     defined in section 54E of the Internal Revenue Code of 1986 
     (as restored by section 72111)).
       (4) ESEA terms.--The terms ``elementary school'', 
     ``outlying area'', and ``secondary school'' have the meanings 
     given those terms in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (5) Local educational agency.--The term ``local educational 
     agency'' has the meaning

[[Page S5592]]

     given that term in section 8101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801) except that 
     such term does not include a Bureau-funded school.
       (6) Public school facilities.--The term ``public school 
     facilities'' means the facilities of a public elementary 
     school or a public secondary school.
       (7) Qualified local educational agency.--The term 
     ``qualified local educational agency'' means a local 
     educational agency that receives funds under part A of title 
     I of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.).
       (8) School infrastructure bond.--The term ``school 
     infrastructure bond'' has the meaning given such term in 
     section 54BB of the Internal Revenue Code of 1986 (as added 
     by section 72112).
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (10) State.--The term ``State'' means each of the 50 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       (11) Zero energy school.--The term ``zero energy school'' 
     means a public elementary school or public secondary school 
     that--
       (A) generates renewable energy on-site; and
       (B) on an annual basis, exports an amount of such renewable 
     energy that equals or exceeds the total amount of renewable 
     energy that is delivered to the school from outside sources.

   Subtitle A--Grants for the Long-term Improvement of Public School 
                               Facilities

     SEC. 72101. PURPOSE AND RESERVATION.

       (a) Purpose.--Funds made available under this subtitle 
     shall be for the purpose of supporting long-term improvements 
     to public school facilities in accordance with this title.
       (b) Reservation for Outlying Areas and Bureau-Funded 
     Schools.--
       (1) In general.--For each of fiscal years 2022 through 
     2026, the Secretary shall reserve, from the amount 
     appropriated to carry out this subtitle--
       (A) one-half of 1 percent, to make allocations to the 
     outlying areas in accordance with paragraph (3); and
       (B) one-half of 1 percent, for payments to the Secretary of 
     the Interior to provide assistance to Bureau-funded schools.
       (2) Use of reserved funds.--
       (A) In general.--Funds reserved under paragraph (1) shall 
     be used in accordance with subtitle C.
       (B) Special rules for bureau-funded schools.--
       (i) Applicability.--The provisions of subtitle C shall 
     apply to a Bureau-funded school that receives assistance 
     under paragraph (1)(B) in the same manner that such 
     provisions apply to a qualified local educational agency that 
     receives covered funds. The facilities of a Bureau-funded 
     school shall be treated as public school facilities for 
     purposes of the application of such provisions.
       (ii) Treatment of tribally operated schools.--The Secretary 
     of the Interior shall provide assistance to Bureau-funded 
     schools under paragraph (1)(B) without regard to whether such 
     schools are operated by the Bureau of Indian Education or by 
     an Indian Tribe. In the case of a Bureau-funded school that 
     is a contract or grant school (as that term is defined in 
     section 1141 of the Education Amendments of 1978 (25 U.S.C. 
     2021)) operated by an Indian Tribe, the Secretary of the 
     Interior shall provide assistance under such paragraph to the 
     Indian Tribe concerned.
       (3) Allocation to outlying areas.--From the amount reserved 
     under paragraph (1)(A) for a fiscal year, the Secretary shall 
     allocate to each outlying area an amount in proportion to the 
     amount received by the outlying area under part A of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6311 et seq.) for the previous fiscal year relative to 
     the total such amount received by all outlying areas for such 
     previous fiscal year.

     SEC. 72102. ALLOCATION TO STATES.

       (a) Allocation to States.--
       (1) State-by-state allocation.--
       (A) Fiscal year 2022.--Of the amount appropriated to carry 
     out this subtitle for fiscal year 2022 and not reserved under 
     section 72101(b), not later than 30 days after such funds are 
     appropriated, each State that provides an assurance to the 
     Secretary that the State will comply with the requirements of 
     subsection (c) shall be allocated an amount in proportion to 
     the amount received by all local educational agencies in the 
     State under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.) for the 
     previous fiscal year relative to the total amount received 
     under such part for such fiscal year by all local educational 
     agencies in every State that provides such an assurance to 
     the Secretary.
       (B) Other fiscal years.--Of the amount appropriated to 
     carry out this subtitle for each fiscal year other than 
     fiscal year 2022 and not reserved under section 72101(b), 
     each State that has a plan approved by the Secretary under 
     subsection (b) shall be allocated an amount in proportion to 
     the amount received by all local educational agencies in the 
     State under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.) for the 
     previous fiscal year relative to the total amount received 
     under such part for such fiscal year by all local educational 
     agencies in every State that has a plan approved by the 
     Secretary under subsection (b).
       (2) State reservation.--A State may reserve not more than 1 
     percent of its allocation under paragraph (1) to carry out 
     its responsibilities under this title, which--
       (A) shall include--
       (i) providing technical assistance to local educational 
     agencies, including by--

       (I) identifying which State agencies have programs, 
     resources, and expertise relevant to the activities supported 
     by the allocation under this section; and
       (II) coordinating the provision of technical assistance 
     across such agencies;

       (ii) in accordance with the guidance issued by the 
     Secretary under section 72103, developing an online, publicly 
     searchable database that contains an inventory of the 
     infrastructure of all public school facilities in the State 
     (including the facilities of Bureau-funded schools, as 
     appropriate), including, with respect to each such facility, 
     an identification of--

       (I) the information described in subclauses (I) through 
     (VII) of clause (vi);
       (II) the age (including an identification of the date of 
     any retrofits or recent renovations) of--

       (aa) the facility;
       (bb) its roof;
       (cc) its lighting system;
       (dd) its windows;
       (ee) its ceilings;
       (ff) its plumbing; and
       (gg) its heating, ventilation, and air conditioning system;

       (III) fire safety inspection results;
       (IV) the proximity of the facilities to toxic sites or the 
     vulnerability of the facilities to natural disasters, 
     including the extent to which facilities that are vulnerable 
     to seismic natural disasters are seismically retrofitted;
       (V) any previous inspections showing the presence of toxic 
     substances; and
       (VI) any improvements that are needed to support indoor and 
     outdoor social distancing, personal hygiene, and building 
     hygiene (including with respect to heating, ventilation, and 
     air conditioning usage) in school facilities, consistent with 
     guidance issued by the Centers for Disease Control and 
     Prevention;

       (iii) updating the database developed under clause (ii) not 
     less frequently than once every 2 years;
       (iv) ensuring that the information in the database 
     developed under clause (ii)--

       (I) is posted on a publicly accessible State website; and
       (II) is regularly distributed to local educational agencies 
     and Tribal governments in the State;

       (v) issuing and reviewing regulations to ensure the health 
     and safety of students and staff during construction or 
     renovation projects;
       (vi) issuing or reviewing regulations to ensure safe, 
     healthy, and high-performing school buildings, including 
     regulations governing--

       (I) indoor environmental quality and ventilation, including 
     exposure to carbon monoxide, carbon dioxide, lead-based 
     paint, and other combustion by-products such as oxides of 
     nitrogen;
       (II) mold, mildew, and moisture control;
       (III) the safety of drinking water at the tap and water 
     used for meal preparation, including regulations that--

       (aa) address the presence of lead and other contaminants in 
     such water; and
       (bb) require the regular testing of the potability of water 
     at the tap;

       (IV) energy and water efficiency;
       (V) excessive classroom noise due to activities allowable 
     under section 72101;
       (VI) the levels of maintenance work, operational spending, 
     and capital investment needed to maintain the quality of 
     public school facilities; and
       (VII) the construction or renovation of such facilities, 
     including applicable building codes; and

       (vii) creating a plan to reduce or eliminate exposure to 
     toxic substances, including mercury, radon, PCBs, lead, vapor 
     intrusions, and asbestos; and
       (B) may include the development of a plan to increase the 
     number of zero energy schools in the State.
       (b) State Plan.--
       (1) In general.--Except as provided in paragraph (2), to be 
     eligible to receive an allocation under this section, a State 
     shall submit to the Secretary a plan that--
       (A) describes how the State will use the allocation to make 
     long-term improvements to public school facilities;
       (B) explains how the State will carry out each of its 
     responsibilities under subsection (a)(2);
       (C) explains how the State will make the determinations 
     under subsections (b) through (d) of section 72103;
       (D) identifies how long, and at what levels, the State will 
     maintain fiscal effort for the activities supported by the 
     allocation after the State no longer receives the allocation; 
     and
       (E) includes such other information as the Secretary may 
     require.
       (2) Expedited process for fiscal year 2022.--
       (A) Assurance to secretary.--To be eligible to receive an 
     allocation for fiscal year 2022 under section 72101(a)(1)(A), 
     a State shall provide to the Secretary an assurance that the 
     State will comply with the requirements of section 72103(c).
       (B) Submittal of state plan.--A State shall not be required 
     to submit a State plan

[[Page S5593]]

     under paragraph (1) before receiving an allocation for fiscal 
     year 2022 under subsection (a)(1)(A). A State that receives 
     an allocation under such section for such fiscal year shall 
     submit to the Secretary the State plan described in paragraph 
     (1) not later than 90 days after the date on which such 
     allocation is received.
       (3) Approval and disapproval.--The Secretary shall have the 
     authority to approve or disapprove a State plan submitted 
     under paragraph (1).
       (c) Conditions.--As a condition of receiving an allocation 
     under this section, a State shall agree to the following:
       (1) Matching requirement.--
       (A) In general.--The State shall contribute, from non-
     Federal sources, an amount equal to 10 percent of the amount 
     of the allocation received under this section to carry out 
     the activities supported by the allocation.
       (B) Deadline.--The State shall provide any contribution 
     required under subparagraph (A) not later than September 30, 
     2030.
       (C) Certain fiscal years.--With respect to a fiscal year 
     for which more than $7,000,000,000 are appropriated to carry 
     out this subtitle, subparagraph (A) shall be applied as if 
     ``, from non-Federal sources,'' were struck.
       (D) Commitment to proportional state investment in school 
     facilities.--
       (i) In general.--The State shall provide an assurance to 
     the Secretary that for each fiscal year that the State 
     receives an allocation under this section, the State's share 
     of school facilities capital outlay will be not less than 90 
     percent of the average of the State's share of school 
     facilities capital outlay for the 5 years preceding the 
     fiscal year for which the allocation is received.
       (ii) State's share of school facilities capital outlay.--In 
     this subparagraph, the term ``State's share of school 
     facilities capital outlay'' means--

       (I) the total State expenditures on school facilities 
     capital outlay projects; divided by
       (II) the total school facilities capital expenditures in 
     the State on school facilities capital outlay projects.

       (iii) Total state expenditures.--In this subparagraph, the 
     term ``total State expenditures'' means the State's total 
     expenditures (from funds other than an allocation under this 
     section) on school facilities capital outlay projects, 
     including--

       (I) any direct expenditures by the State for the purpose of 
     school facilities capital outlay projects; and
       (II) funds provided by the State to local educational 
     agencies for the purpose of school facilities capital outlay 
     projects.

       (iv) Total school facilities capital expenditures in the 
     state.--In this subparagraph, the term ``total school 
     facilities capital expenditures in the State'', means the sum 
     of--

       (I) the total State expenditures calculated under clause 
     (iii); plus
       (II) all additional expenditures (from funds other than an 
     allocation under this section) on school facilities capital 
     outlay projects by local educational agencies in the State 
     that were not included in the calculation of total State 
     expenditures under clause (iii).

       (2) Supplement not supplant.--The State shall use an 
     allocation under this section only to supplement the level of 
     Federal, State, and local public funds that would, in absence 
     of such allocation, be made available for the activities 
     supported by the allocation, and not to supplant such funds.

     SEC. 72103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDUCATIONAL 
                   AGENCIES.

       (a) Grants to Local Educational Agencies.--
       (1) In general.--Subject to paragraph (2), from the amounts 
     allocated to a State under section 72102(a) and contributed 
     by the State under section 72102(c)(1), the State shall award 
     grants to qualified local educational agencies, on a 
     competitive basis, to carry out the activities described in 
     section 72101(a).
       (2) Allowance for digital learning.--A State may use up to 
     10 percent of the amount described in paragraph (1) to make 
     grants to qualified local educational agencies carry out 
     activities to improve digital learning in accordance with 
     section 72101(b).
       (b) Eligibility.--
       (1) In general.--To be eligible to receive a grant under 
     this section a qualified local educational agency--
       (A) shall be among the local educational agencies in the 
     State with the highest numbers or percentages of students 
     counted under section 1124(c) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6333(c));
       (B) shall agree to prioritize the improvement of the 
     facilities of public schools that serve the highest 
     percentages of students who are eligible for a free or 
     reduced price lunch under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case 
     of a high school, may be calculated using comparable data 
     from the schools that feed into the high school), as compared 
     to other public schools in the jurisdiction of the agency; 
     and
       (C) shall be among the local educational agencies in the 
     State with the most limited capacity to raise funds for the 
     long-term improvement of public school facilities, as 
     determined by an assessment of--
       (i) the current and historic ability of the agency to raise 
     funds for construction, renovation, modernization, and major 
     repair projects for schools;
       (ii) whether the agency has been able to issue bonds or 
     receive other funds to support school construction projects; 
     and
       (iii) the bond rating of the agency.
       (2) Equitable distribution.--
       (A) Numbers and percentages of certain students.--In making 
     the determination under paragraph (1)(A), the State shall 
     ensure that grants under this section are equitably 
     distributed among--
       (i) qualified local educational agencies in the State with 
     the highest numbers of students counted under section 1124(c) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6333(c)); and
       (ii) qualified local educational agencies in the State with 
     the highest percentages of students counted under such 
     section.
       (B) Geographic diversity.--The State shall ensure that 
     grants under this section are awarded to qualified local 
     educational agencies that represent the geographic diversity 
     of the State.
       (3) Statewide thresholds.--The State shall establish 
     reasonable thresholds for determining whether a local 
     educational agency is among agencies in the State with the 
     highest numbers or percentages of students counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)) as required under paragraph 
     (1)(A).
       (c) Priority of Grants for Fiscal Year 2022.--In awarding 
     grants under this section for fiscal year 2022--
       (1) the State shall first award grants to qualified local 
     educational agencies that meet the requirements of subsection 
     (d)(1) that will use the grant to improve the facilities of 
     schools described in subsection (d)(1)(B) to support indoor 
     and outdoor social distancing, personal hygiene, and building 
     hygiene (including with respect to heating, ventilation, and 
     air conditioning usage) in school facilities, consistent with 
     guidance issued by the Centers for Disease Control and 
     Prevention; and
       (2) from any funds remaining after making grants to 
     qualified local educational agencies that meet the 
     requirements of paragraph (1), the State may award grants to 
     other qualified local educational agencies in accordance with 
     the priorities established under subsection (d).
       (d) Priority of Grants for Other Fiscal Years.--Except as 
     provided in subsection (c), in awarding grants under this 
     section, the State shall give priority to qualified local 
     educational agencies that--
       (1)(A) demonstrate the greatest need for such a grant, as 
     determined by a comparison of the factors described in 
     subsection (b)(1) and other indicators of need in the public 
     school facilities of such local educational agencies, 
     including--
       (i) the median age of facilities;
       (ii) the extent to which student enrollment exceeds 
     physical and instructional capacity;
       (iii) the condition of major building systems such as 
     heating, ventilation, air conditioning, electrical, water, 
     and sewer systems;
       (iv) the condition of roofs, windows, and doors; and
       (v) other critical health and safety conditions;
       (B) will use the grant to improve the facilities of--
       (i) elementary schools or middle schools that have an 
     enrollment of students who are eligible for a free or reduced 
     price lunch under the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1751 et seq.) that constitutes not less 
     than 40 percent of the total student enrollment at such 
     schools; or
       (ii) high schools that have an enrollment of students who 
     are eligible for a free or reduced price lunch under such Act 
     that constitutes not less than 30 percent of the total 
     student enrollment at such schools (which may be calculated 
     using comparable data from the schools that feed into the 
     high school); and
       (C) operate public school facilities that pose a severe 
     health and safety threat to students and staff, which may 
     include consideration of threats posed by the proximity of 
     the facilities to toxic sites or brownfield sites or the 
     vulnerability of the facilities to natural disasters; or
       (2)(A) will use the grant to improve access to high-speed 
     broadband sufficient to support digital learning in 
     accordance with section 72101(b);
       (B) serve elementary schools or secondary schools, 
     including rural schools, that lack such access; and
       (C) meet one or more of the requirements set forth in 
     subparagraphs (A) through (C) of paragraph (1).
       (e) Application.--To be considered for a grant under this 
     section, a qualified local educational agency shall submit an 
     application to the State at such time, in such manner, and 
     containing such information as the State may require. Such 
     application shall include, at minimum--
       (1) the information necessary for the State to make the 
     determinations under subsections (b) through (d);
       (2) a description of the projects that the agency plans to 
     carry out with the grant;
       (3) an explanation of how such projects will reduce risks 
     to the health and safety of staff and students at schools 
     served by the agency; and
       (4) in the case of a local educational agency that proposes 
     to fund a repair, renovation, or construction project for a 
     public charter school, the extent to which--
       (A) the public charter school lacks access to funding for 
     school repair, renovation, and construction through the 
     financing methods

[[Page S5594]]

     available to other public schools or local educational 
     agencies in the State; and
       (B) the charter school operator owns or has care and 
     control of the facility that is to be repaired, renovated, or 
     constructed.
       (f) Facilities Master Plan.--
       (1) Plan required.--Not later than 180 days after receiving 
     a grant under this section, a qualified local educational 
     agency shall submit to the State a comprehensive 10-year 
     facilities master plan.
       (2) Elements.--The facilities master plan required under 
     paragraph (1) shall include, with respect to all public 
     school facilities of the qualified local educational agency, 
     a description of--
       (A) the extent to which public school facilities meet 
     students' educational needs and support the agency's 
     educational mission and vision;
       (B) the physical condition of the public school facilities;
       (C) the current health, safety, and environmental 
     conditions of the public school facilities, including--
       (i) indoor air quality;
       (ii) the presence of toxic substances;
       (iii) the safety of drinking water at the tap and water 
     used for meal preparation, including the level of lead and 
     other contaminants in such water;
       (iv) energy and water efficiency;
       (v) excessive classroom noise; and
       (vi) other health, safety, and environmental conditions 
     that would impact the health, safety, and learning ability of 
     students;
       (D) how the local educational agency will address any 
     conditions identified under subparagraph (C);
       (E) the impact of current and future student enrollment 
     levels (as of the date of application) on the design of 
     current and future public school facilities, as well as the 
     financial implications of such enrollment levels;
       (F) the dollar amount and percentage of funds the local 
     educational agency will dedicate to capital construction 
     projects for public school facilities, including--
       (i) any funds in the budget of the agency that will be 
     dedicated to such projects; and
       (ii) any funds not in the budget of the agency that will be 
     dedicated to such projects, including any funds available to 
     the agency as the result of a bond issue; and
       (G) the dollar amount and percentage of funds the local 
     educational agency will dedicate to the maintenance and 
     operation of public school facilities, including--
       (i) any funds in the budget of the agency that will be 
     dedicated to the maintenance and operation of such 
     facilities; and
       (ii) any funds not in the budget of the agency that will be 
     dedicated to the maintenance and operation of such 
     facilities.
       (3) Consultation.--In developing the facilities master plan 
     required under paragraph (1)--
       (A) a qualified local educational agency shall consult with 
     teachers, principals and other school leaders, custodial and 
     maintenance staff, emergency first responders, school 
     facilities directors, students and families, community 
     residents, and Indian Tribes; and
       (B) in addition to the consultation required under 
     subparagraph (A), a Bureau-funded school shall consult with 
     the Bureau of Indian Education.
       (g) Supplement Not Supplant.--A qualified local educational 
     agency shall use a grant received under this section only to 
     supplement the level of Federal, State, and local public 
     funds that would, in the absence of such grant, be made 
     available for the activities supported by the grant, and not 
     to supplant such funds.

     SEC. 72104. ANNUAL REPORT ON GRANT PROGRAM.

       (a) In General.--Not later than September 30 of each fiscal 
     year beginning after the date of the enactment of this Act, 
     the Secretary shall submit to the appropriate congressional 
     committees a report on the projects carried out with funds 
     made available under this subtitle.
       (b) Elements.--The report under subsection (a) shall 
     include, with respect to the fiscal year preceding the year 
     in which the report is submitted, the following:
       (1) An identification of each local educational agency that 
     received a grant under this subtitle.
       (2) With respect to each such agency, a description of--
       (A) the demographic composition of the student population 
     served by the agency, disaggregated by--
       (i) race;
       (ii) the number and percentage of students counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)); and
       (iii) the number and percentage of students who are 
     eligible for a free or reduced price lunch under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.);
       (B) the population density of the geographic area served by 
     the agency;
       (C) the projects for which the agency used the grant 
     received under this subtitle, described using measurements of 
     school facility quality from the most recent available 
     version of the Common Education Data Standards published by 
     the National Center for Education Statistics;
       (D) the demonstrable or expected benefits of the projects; 
     and
       (E) the estimated number of jobs created by the projects.
       (3) The total dollar amount of all grants received by local 
     educational agencies under this subtitle.
       (c) LEA Information Collection.--A local educational agency 
     that receives a grant under this subtitle shall--
       (1) annually compile the information described in 
     subsection (b)(2);
       (2) make the information available to the public, including 
     by posting the information on a publicly accessible agency 
     website; and
       (3) submit the information to the State.
       (d) State Information Distribution.--A State that receives 
     information from a local educational agency under subsection 
     (c) shall--
       (1) compile the information and report it annually to the 
     Secretary at such time and in such manner as the Secretary 
     may require;
       (2) make the information available to the public, including 
     by posting the information on a publicly accessible State 
     website; and
       (3) regularly distribute the information to local 
     educational agencies and Tribal governments in the State.

     SEC. 72105. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated, and there are 
     appropriated, $20,000,000,000 for each of fiscal years 2022 
     through 2026 to carry out this subtitle. Amounts so 
     appropriated are authorized to remain available through 
     fiscal year 2031.

                Subtitle B--School Infrastructure Bonds

     SEC. 72111. RESTORATION OF CERTAIN QUALIFIED TAX CREDIT 
                   BONDS.

       (a) Allowance of Credit.--
       (1) In general.--Section 54A of the Internal Revenue Code 
     of 1986, as in effect on the day before repeal by Public Law 
     115-97, is revived.
       (2) Credit limited to certain bonds.--
       (A) In general.--Section 54A(d)(1) of such Code, as revived 
     by paragraph (1), is amended by striking ``means--'' and all 
     that follows through ``which is part'' and inserting ``means 
     a qualified zone academy bond which is part''.
       (B) Conforming amendment.--Section 54A(c)(2)(C) of such 
     Code, as revived by paragraph (1), is amended by striking 
     ``means--'' and all that follows and inserting ``a purpose 
     specified in section 54E(a)(1)''.
       (3) Conforming amendments.--
       (A) The Internal Revenue Code of 1986 is amended by 
     inserting before section 54A (as revived by paragraph (1)) 
     the following:

                ``Subpart I--Qualified Tax Credit Bonds

``Sec. 54A. Credit to holder of qualified tax credit bonds.''.
       (B) Section 6401(b)(1) of such Code is amended by striking 
     ``and G'' and inserting ``G, and I''.
       (C) The table of subparts for part IV of subchapter A of 
     chapter 1 of such Code is amended by adding at the end the 
     following:

               ``subpart i--qualified tax credit bonds''.

       (b) Credit Allowed to Issuer.--
       (1) In general.--Section 6431 of the Internal Revenue Code 
     of 1986, as in effect on the day before repeal by Public Law 
     115-97, is revived.
       (2) Conforming amendment.--Section 6211(b)(4) of such Code 
     is amended by striking ``and 6428A'' and inserting ``6428A, 
     and 6431''.
       (c) Qualified Zone Academy Bonds.--
       (1) In general.--Section 54E of the Internal Revenue Code 
     of 1986, as in effect on the day before repeal by Public Law 
     115-97, is revived.
       (2) Extension of limitation.--Section 54E(c)(1) of such 
     Code is amended--
       (A) by striking ``and $400,000,000'' and inserting 
     ``$400,000,000'', and
       (B) by striking ``and, except as provided'' and all that 
     follows through the period at the end and inserting ``, and 
     $1,400,000,000 for 2022 and each calendar year thereafter.''.
       (3) Removal of private business contribution requirement.--
     Section 54E of the Internal Revenue Code of 1986, as revived 
     by paragraph (1) and amended by paragraph (2), is amended--
       (A) in subsection (a)(3), by inserting ``and'' at the end 
     of subparagraph (A), by striking subparagraph (B), and by 
     redesignating subparagraph (C) as subparagraph (B),
       (B) by striking subsection (b), and
       (C) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively.
       (4) Construction of a public school facility.--Section 
     54E(c)(3)(A) of the Internal Revenue Code of 1986, as revived 
     by paragraph (1) and redesignated in paragraph (3)(C), is 
     amended by striking ``rehabilitating or repairing'' and 
     inserting ``constructing, rehabilitating, retrofitting, or 
     repairing''.
       (d) Conforming Amendment Related to Application of Certain 
     Labor Standards.--
       (1) In general.--Subchapter IV of chapter 31 of the title 
     40, United States Code, shall apply to projects financed with 
     the proceeds of any qualified zone academy bond (as defined 
     in section 54E of the Internal Revenue Code of 1986) issued 
     after the date of the enactment of the American Recovery and 
     Reinvestment Tax Act of 2009.
       (2) Conforming amendment.--Section 1601 of the American 
     Recovery and Reinvestment Tax Act of 2009 is amended by 
     striking paragraph (3) and redesignating paragraphs (4) and 
     (5) as paragraphs (3) and (4), respectively.
       (e) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2022.

[[Page S5595]]

  


     SEC. 72112. SCHOOL INFRASTRUCTURE BONDS.

       (a) In General.--The Internal Revenue Code of 1986 is 
     amended by inserting after subpart I (as revived by section 
     72111) of part IV of subchapter A of chapter 1 the following 
     new subpart:

                ``Subpart J--School Infrastructure Bonds

``Sec. 54BB. School infrastructure bonds.

     ``SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS.

       ``(a) In General.--If a taxpayer holds a school 
     infrastructure bond on one or more interest payment dates of 
     the bond during any taxable year, there shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of the credits 
     determined under subsection (b) with respect to such dates.
       ``(b) Amount of Credit.--The amount of the credit 
     determined under this subsection with respect to any interest 
     payment date for a school infrastructure bond is 100 percent 
     of the amount of interest payable by the issuer with respect 
     to such date.
       ``(c) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability of the taxpayer 
     (as defined in section 26(b)) plus the tax imposed by section 
     55, over
       ``(B) the sum of the credits allowable under this part 
     (other than subpart C and this subpart).
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year 
     (determined before the application of paragraph (1) for such 
     succeeding taxable year).
       ``(d) School Infrastructure Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `school infrastructure bond' means any bond issued as part of 
     an issue if--
       ``(A) 100 percent of the available project proceeds of such 
     issue are to be used for the purposes described in section 
     72101 of the Reopen and Rebuild America's Schools Act of 
     2021,
       ``(B) the interest on such obligation would (but for this 
     section) be excludable from gross income under section 103,
       ``(C) the issue meets the requirements of paragraph (3), 
     and
       ``(D) the issuer designates such bond for purposes of this 
     section.
       ``(2) Applicable rules.--For purposes of applying paragraph 
     (1)--
       ``(A) for purposes of section 149(b), a school 
     infrastructure bond shall not be treated as federally 
     guaranteed by reason of the credit allowed under section 
     6431(a),
       ``(B) for purposes of section 148, the yield on a school 
     infrastructure bond shall be determined without regard to the 
     credit allowed under subsection (a), and
       ``(C) a bond shall not be treated as a school 
     infrastructure bond if the issue price has more than a de 
     minimis amount (determined under rules similar to the rules 
     of section 1273(a)(3)) of premium over the stated principal 
     amount of the bond.
       ``(3) 6-year expenditure period.--
       ``(A) In general.--An issue shall be treated as meeting the 
     requirements of this paragraph if, as of the date of 
     issuance, the issuer reasonably expects 100 percent of the 
     available project proceeds to be spent for purposes described 
     in section 72101 of the Reopen and Rebuild America's Schools 
     Act of 2021 within the 6-year period beginning on such date 
     of issuance.
       ``(B) Failure to spend required amount of bond proceeds 
     within 6 years.--To the extent that less than 100 percent of 
     the available project proceeds of the issue are expended at 
     the close of the period described in subparagraph (A) with 
     respect to such issue, the issuer shall redeem all of the 
     nonqualified bonds within 90 days after the end of such 
     period. For purposes of this paragraph, the amount of the 
     nonqualified bonds required to be redeemed shall be 
     determined in the same manner as under section 142.
       ``(e) Limitation on Amount of Bonds Designated.--The 
     maximum aggregate face amount of bonds issued during any 
     calendar year which may be designated under subsection 
     (d)(1)(D) by any issuer shall not exceed the limitation 
     amount allocated under subsection (g) for such calendar year 
     to such issuer.
       ``(f) National Limitation on Amount of Bonds Designated.--
     The national qualified school infrastructure bond limitation 
     for each calendar year is--
       ``(1) $10,000,000,000 for 2022,
       ``(2) $10,000,000,000 for 2023, and
       ``(3) $10,000,000,000 for 2024.
       ``(g) Allocation of Limitation.--
       ``(1) Allocations.--
       ``(A) States.--After application of subparagraph (B) and 
     paragraph (3)(A), the limitation applicable under subsection 
     (f) for a calendar year shall be allocated by the Secretary 
     among the States in proportion to the respective amounts 
     received by all local educational agencies in each State 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.) for the 
     previous fiscal year relative to the total such amount 
     received by all local educational agencies for the most 
     recent fiscal year ending before such calendar year.
       ``(B) Certain possessions.--One-half of 1 percent of the 
     amount of the limitation applicable under subsection (f) for 
     a calendar year shall be allocated by the Secretary to 
     possessions of the United States other than Puerto Rico for 
     such calendar year.
       ``(2) Allocations to schools.--The limitation amount 
     allocated to a State or possession under paragraph (1) shall 
     be allocated by the State educational agency (or such other 
     agency as is authorized under State law to make such 
     allocation) to issuers within such State or possession in 
     accordance with the priorities described in subsections (c) 
     and (d) of section 72103 the of the Reopen and Rebuild 
     America's Schools Act of 2021 and the eligibility 
     requirements described in section 72103(b) of such Act, 
     except that paragraph (1)(C) of such section shall not apply 
     to the determination of eligibility for such allocation.
       ``(3) Allocations for indian schools.--
       ``(A) In general.--One-half of 1 percent of the amount of 
     the limitation applicable under subsection (f) for any 
     calendar year shall be allocated by the Secretary to the 
     Secretary of the Interior for schools funded by the Bureau of 
     Indian Affairs for such calendar year.
       ``(B) Allocation to schools.--The limitation amount 
     allocated to the Secretary of the Interior under paragraph 
     (1) shall be allocated by such Secretary to issuers or 
     schools funded as described in paragraph (2). In the case of 
     amounts allocated under the preceding sentence, Indian tribal 
     governments shall be treated as qualified issuers for 
     purposes of this subchapter.
       ``(4) Digital learning.--Up to 10 percent of the limitation 
     amount allocated under paragraph (1) or (3)(A) may be 
     allocated by the State to issuers within such State (in the 
     case of an amount allocated under paragraph (1)) or by the 
     Secretary of the Interior to issuers or schools funded by the 
     Bureau of Indian Affairs (in the case of an amount allocated 
     under paragraph (3)(A)) to carry out activities to improve 
     digital learning in accordance with section 72101(b) of the 
     Reopen and Rebuild America's Schools Act of 2021.
       ``(h) Interest Payment Date.--For purposes of this section, 
     the term `interest payment date' means any date on which the 
     holder of record of the school infrastructure bond is 
     entitled to a payment of interest under such bond.
       ``(i) Special Rules.--
       ``(1) Interest on school infrastructure bonds includible in 
     gross income for federal income tax purposes.--For purposes 
     of this title, interest on any school infrastructure bond 
     shall be includible in gross income.
       ``(2) Application of certain rules.--Rules similar to the 
     rules of subsections (f), (g), (h), and (i) of section 54A 
     shall apply for purposes of the credit allowed under 
     subsection (a).''.
       (b) Credit Allowed to Issuer.--Section 6431(f)(3)(A) of 
     such Code, as revived by section 201(b)(1), is amended by 
     striking ``means any qualified tax credit bond'' and all that 
     follows through the end of subparagraph (A) and inserting 
     ``means any bond if--
       ``(A) such bond is--
       ``(i) qualified tax credit bond which is a qualified zone 
     academy bond (as defined in section 54E) determined without 
     regard to any allocation relating to the national zone 
     academy bond limitation for years after 2010 or any 
     carryforward of any such allocation, or
       ``(ii) any school infrastructure bond (as defined in 
     section 54BB), and''.
       (c) Application of Certain Labor Standards.--Subchapter IV 
     of chapter 31 of the title 40, United States Code, shall 
     apply to projects financed with the proceeds of any qualified 
     zone academy bond (as defined in section 54E of the Internal 
     Revenue Code of 1986) issued after the date of the enactment 
     of this Act.
       (d) Conforming Amendments.--
       (1) Section 6401(b)(1) of the Internal Revenue Code of 
     1986, as amended by section 72111(a), is amended by striking 
     ``and I'' and inserting ``I, and J''.
       (2) The table of subparts for part IV of subchapter A of 
     chapter 1 of such Code, as amended by section 72111(a), is 
     amended by adding at the end the following:

              ``subpart j--school infrastructure bonds''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2022.

     SEC. 72113. ANNUAL REPORT ON BOND PROGRAM.

       (a) In General.--Not later than September 30 of each fiscal 
     year beginning after the date of the enactment of this Act, 
     the Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report on the amendments made by 
     sections 72111 and 72112.
       (b) Elements.--The report under paragraph (1) shall 
     include, with respect to the fiscal year preceding the year 
     in which the report is submitted, the following:
       (1) An identification of--
       (A) each local educational agency (if any) that received an 
     allocation under section 54E(b)(2) or 54BB(g) of the Internal 
     Revenue Code of 1986, and
       (B) each local educational agency (if any) that was 
     eligible to receive such funds but did not receive such 
     funds.
       (2) With respect to each local educational agency described 
     in paragraph (1)--
       (A) an assessment of the capacity of the agency to raise 
     funds for the long-term improvement of public school 
     facilities, as determined by an assessment of--
       (i) the current and historic ability of the agency to raise 
     funds for construction, renovation, modernization, and major 
     repair

[[Page S5596]]

     projects for schools, including the ability of the agency to 
     raise funds through imposition of property taxes,
       (ii) whether the agency has been able to issue bonds to 
     fund construction projects, including--

       (I) qualified zone academy bonds under section 54E of the 
     Internal Revenue Code of 1986, and
       (II) school infrastructure bonds under section 54BB of the 
     Internal Revenue Code of 1986, and

       (iii) the bond rating of the agency,
       (B) the demographic composition of the student population 
     served by the agency, disaggregated by--
       (i) race,
       (ii) the number and percentage of students counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)), and
       (iii) the number and percentage of students who are 
     eligible for a free or reduced price lunch under the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1751 et 
     seq.),
       (C) the population density of the geographic area served by 
     the agency,
       (D) a description of the projects carried out with funds 
     received from school infrastructure bonds,
       (E) a description of the demonstrable or expected benefits 
     of the projects, and
       (F) the estimated number of jobs created by the projects.
       (3) The total dollar amount of all funds received by local 
     educational agencies from school infrastructure bonds.
       (4) Any other factors that the Secretary of the Treasury 
     determines to be appropriate.
       (c) Information Collection.--A State or local educational 
     agency that receives an allocation under section 54E(b)(2) or 
     54BB(g) of the Internal Revenue Code of 1986 shall--
       (1) annually compile the information necessary for the 
     Secretary of the Treasury to determine the elements described 
     in subsection (b), and
       (2) report the information to the Secretary of the Treasury 
     at such time and in such manner as the Secretary of the 
     Treasury may require.
       (d) Secretary of the Treasury.--For purposes of this 
     section, the term ``Secretary of the Treasury'' includes the 
     Secretary's delegate.

                       Subtitle C--Uses of Funds

     SEC. 72211. ALLOWABLE USES OF FUNDS.

       (a) In General.--Except as provided in section 72212, a 
     local educational agency that receives covered funds may use 
     such funds to--
       (1) develop the facilities master plan required under 
     section 72213(f);
       (2) construct, modernize, renovate, or retrofit public 
     school facilities, which may include seismic retrofitting for 
     schools vulnerable to seismic natural disasters;
       (3) carry out major repairs of public school facilities;
       (4) install furniture or fixtures with at least a 10-year 
     life in public school facilities;
       (5) construct new public school facilities;
       (6) acquire and prepare sites on which new public school 
     facilities will be constructed;
       (7) extend the life of basic systems and components of 
     public school facilities;
       (8) ensure current or anticipated enrollment does not 
     exceed the physical and instructional capacity of public 
     school facilities;
       (9) ensure the building envelopes and interiors of public 
     school facilities protect occupants from natural elements and 
     human threats, and are structurally sound and secure;
       (10) compose building design plans that strengthen the 
     safety and security on school premises by utilizing design 
     elements, principles, and technology that--
       (A) guarantee layers of security throughout the school 
     premises; and
       (B) uphold the aesthetics of the school premises as a 
     learning and teaching environment;
       (11) improve energy and water efficiency to lower the costs 
     of energy and water consumption in public school facilities;
       (12) improve indoor air quality in public school 
     facilities;
       (13) reduce or eliminate the presence of--
       (A) toxic substances, including mercury, radon, PCBs, lead, 
     and asbestos;
       (B) mold and mildew; or
       (C) rodents and pests;
       (14) ensure the safety of drinking water at the tap and 
     water used for meal preparation in public school facilities, 
     which may include testing of the potability of water at the 
     tap for the presence of lead and other contaminants;
       (15) bring public school facilities into compliance with 
     applicable fire, health, and safety codes;
       (16) make public school facilities accessible to people 
     with disabilities through compliance with the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794);
       (17) provide instructional program space improvements for 
     programs relating to early learning (including early learning 
     programs operated by partners of the agency), special 
     education, science, technology, career and technical 
     education, physical education, music, the arts, and literacy 
     (including library programs);
       (18) increase the use of public school facilities for the 
     purpose of community-based partnerships that provide students 
     with academic, health, and social services;
       (19) ensure the health of students and staff during the 
     construction or modernization of public school facilities; or
       (20) reduce or eliminate excessive classroom noise due to 
     activities allowable under this section.
       (b) Allowance for Digital Learning.--A local educational 
     agency may use covered funds to leverage existing public 
     programs or public-private partnerships to expand access to 
     high-speed broadband sufficient for digital learning.

     SEC. 72212. PROHIBITED USES.

       (a) In General.--A local educational agency that receives 
     covered funds may not use such funds for--
       (1) payment of routine and predictable maintenance costs 
     and minor repairs;
       (2) any facility that is primarily used for athletic 
     contests or exhibitions or other events for which admission 
     is charged to the general public;
       (3) vehicles; or
       (4) central offices, operation centers, or other facilities 
     that are not primarily used to educate students.
       (b) Additional Prohibitions Relating to Charter Schools.--
     No covered funds may be used--
       (1) for the facilities of a public charter school that is 
     operated by a for-profit entity; or
       (2) for the facilities of a public charter school if--
       (A) the school leases the facilities from an individual or 
     private sector entity; and
       (B) such individual, or an individual with a direct or 
     indirect financial interest in such entity, has a management 
     or governance role in such school.

     SEC. 72213. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND 
                   WATER CONSERVATION.

       A local educational agency that receives covered funds 
     shall ensure that any new construction, modernization, or 
     renovation project carried out with such funds meets or 
     exceeds the requirements of the following:
       (1) Requirements for such projects set forth in the most 
     recent published edition of a nationally recognized, 
     consensus-based model building code.
       (2) Requirements for such projects set forth in the most 
     recent published edition of a nationally recognized, 
     consensus-based model energy conservation code.
       (3) Performance criteria under the WaterSense program, 
     established under section 324B of the of the Energy Policy 
     and Conservation Act (42 U.S.C. 6294b), applicable to such 
     projects within a nationally recognized, consensus-based 
     model code.
       (4) Indoor environmental air quality requirements 
     applicable to such projects as set forth in the most recent 
     published edition of a nationally recognized, consensus-based 
     standard.

     SEC. 72214. GREEN PRACTICES.

       (a) In General.--In a given fiscal year, a local 
     educational agency that uses covered funds for a new 
     construction project or renovation project shall use not less 
     than the applicable percentage (as described in subsection 
     (b)) of the funds used for such project for construction or 
     renovation that is certified, verified, or consistent with 
     the applicable provisions of--
       (1) the United States Green Building Council Leadership in 
     Energy and Environmental Design green building rating 
     standard (commonly known as the ``LEED Green Building Rating 
     System'');
       (2) the Living Building Challenge developed by the 
     International Living Future Institute;
       (3) a green building rating program developed by the 
     Collaborative for High-Performance Schools (commonly known as 
     ``CHPS'') that is CHPS-verified; or
       (4) a program that--
       (A) has standards that are equivalent to or more stringent 
     than the standards of a program described in paragraphs (1) 
     through (3);
       (B) is adopted by the State or another jurisdiction with 
     authority over the agency; and
       (C) includes a verifiable method to demonstrate compliance 
     with such program.
       (b) Applicable Percentage.--The applicable percentage 
     described in this subsection is--
       (1) for fiscal year 2022, 60 percent;
       (2) for fiscal year 2023, 70 percent;
       (3) for fiscal year 2024; 80 percent;
       (4) for fiscal year 2025, 90 percent; and
       (5) for each of fiscal years 2026 through 2031, 100 
     percent.

     SEC. 72215. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED 
                   PRODUCTS.

       (a) In General.--A local educational agency that receives 
     covered funds shall ensure that any iron, steel, and 
     manufactured products used in projects carried out with such 
     funds are produced in the United States.
       (b) Waiver Authority.--
       (1) In general.--The Secretary may waive the requirement of 
     subsection (a) if the Secretary determines that--
       (A) applying subsection (a) would be inconsistent with the 
     public interest;
       (B) iron, steel, and manufactured products produced in the 
     United States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality; or
       (C) using iron, steel, and manufactured products produced 
     in the United States will increase the cost of the overall 
     project by more than 25 percent.

[[Page S5597]]

       (2) Publication.--Before issuing a waiver under paragraph 
     (1), the Secretary shall publish in the Federal Register a 
     detailed written explanation of the waiver determination.
       (c) Consistency With International Agreements.--This 
     section shall be applied in a manner consistent with the 
     obligations of the United States under international 
     agreements.
       (d) Definitions.--In this section:
       (1) Produced in the united states.--The term ``produced in 
     the United States'' means the following:
       (A) When used with respect to a manufactured product, the 
     product was manufactured in the United States and the cost of 
     the components of such product that were mined, produced, or 
     manufactured in the United States exceeds 60 percent of the 
     total cost of all components of the product.
       (B) When used with respect to iron or steel products, or an 
     individual component of a manufactured product, all 
     manufacturing processes for such iron or steel products or 
     components, from the initial melting stage through the 
     application of coatings, occurred in the United States, 
     except that the term does not include--
       (i) steel or iron material or products manufactured abroad 
     from semi-finished steel or iron from the United States; and
       (ii) steel or iron material or products manufactured in the 
     United States from semi-finished steel or iron of foreign 
     origin.
       (2) Manufactured product.--The term ``manufactured 
     product'' means any construction material or end product (as 
     such terms are defined in part 25.003 of the Federal 
     Acquisition Regulation) that is not an iron or steel product, 
     including--
       (A) electrical components; and
       (B) non-ferrous building materials, including, aluminum and 
     polyvinylchloride (PVC), glass, fiber optics, plastic, wood, 
     masonry, rubber, manufactured stone, any other non-ferrous 
     metals, and any unmanufactured construction material.

                 Subtitle D--Reports and Other Matters

     SEC. 72311. COMPTROLLER GENERAL REPORT.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate congressional 
     committees a report on the projects carried out with covered 
     funds.
       (b) Elements.--The report under subsection (a) shall 
     include an assessment of--
       (1) State activities, including--
       (A) the types of public school facilities data collected by 
     each State, if any;
       (B) technical assistance with respect to public school 
     facilities provided by each State, if any;
       (C) future plans of each State with respect to public 
     school facilities;
       (D) criteria used by each State to determine high-need 
     students and facilities for purposes of the projects carried 
     out with covered funds; and
       (E) whether the State issued new regulations to ensure the 
     health and safety of students and staff during construction 
     or renovation projects or to ensure safe, healthy, and high-
     performing school buildings;
       (2) the types of projects carried out with covered funds, 
     including--
       (A) the square footage of the improvements made with 
     covered funds;
       (B) the total cost of each such project; and
       (C) the cost described in subparagraph (B), disaggregated 
     by, with respect to such project, the cost of planning, 
     design, construction, site purchase, and improvements;
       (3) the geographic distribution of the projects;
       (4) the demographic composition of the student population 
     served by the projects, disaggregated by--
       (A) race;
       (B) the number and percentage of students counted under 
     section 1124(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6333(c)); and
       (C) the number and percentage of students who are eligible 
     for a free or reduced price lunch under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
       (5) an assessment of the impact of the projects on the 
     health and safety of school staff and students; and
       (6) how the Secretary or States could make covered funds 
     more accessible--
       (A) to schools with the highest numbers and percentages of 
     students counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and
       (B) to schools with fiscal challenges in raising capital 
     for school infrastructure projects.
       (c) Updates.--The Comptroller General shall update and 
     resubmit the report to the appropriate congressional 
     committees--
       (1) on a date that is between 5 and 6 years after the date 
     of the enactment of this Act; and
       (2) on a date that is between 10 and 11 years after such 
     date of enactment.

     SEC. 72312. STUDY AND REPORT ON PHYSICAL CONDITION OF PUBLIC 
                   SCHOOLS.

       (a) Study and Report.--Not less frequently than once in 
     each 5-year period beginning after the date of the enactment 
     of this Act, the Secretary, acting through the Director of 
     the Institute of Education Sciences, shall--
       (1) carry out a comprehensive study of the physical 
     conditions of all public schools in each State and outlying 
     area; and
       (2) submit a report to the appropriate congressional 
     committees that includes the results of the study.
       (b) Elements.--Each study and report under subsection (a) 
     shall include--
       (1) an assessment of--
       (A) the effect of school facility conditions on student and 
     staff health and safety;
       (B) the effect of school facility conditions on student 
     academic outcomes;
       (C) the condition of school facilities, set forth 
     separately by geographic region;
       (D) the condition of school facilities for economically 
     disadvantaged students as well as students from major racial 
     and ethnic subgroups;
       (E) the accessibility of school facilities for students and 
     staff with disabilities;
       (F) the prevalence of school facilities at which student 
     enrollment exceeds the physical and instructional capacity of 
     the facility and the effect of such excess enrollment on 
     instructional quality and delivery of school wraparound 
     services;
       (G) the condition of school facilities affected by natural 
     disasters;
       (H) the effect that projects carried out with covered funds 
     have on the communities in which such projects are conducted, 
     including the vitality, jobs, population, and economy of such 
     communities; and
       (I) the ability of building envelopes and interiors of 
     public school facilities to protect occupants from natural 
     elements and human threats;
       (2) an explanation of any differences observed with respect 
     to the factors described in subparagraphs (A) through (I) of 
     paragraph (1); and
       (3) a cost estimate for bringing school facilities to a 
     state of good repair, as determined by the Secretary.

     SEC. 72313. DEVELOPMENT OF DATA STANDARDS.

       (a) Data Standards.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary, in consultation 
     with the officials described in subsection (b), shall--
       (1) identify the data that States should collect and 
     include in the databases developed under section 
     72312(a)(2)(A)(ii);
       (2) develop standards for the measurement of such data; and
       (3) issue guidance to States concerning the collection and 
     measurement of such data.
       (b) Officials.--The officials described in this subsection 
     are--
       (1) the Administrator of the Environmental Protection 
     Agency;
       (2) the Secretary of Energy;
       (3) the Director of the Centers for Disease Control and 
     Prevention; and
       (4) the Director of the National Institute for Occupational 
     Safety and Health.

     SEC. 72314. INFORMATION CLEARINGHOUSE.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall establish a 
     clearinghouse to disseminate information on Federal programs 
     and financing mechanisms that may be used to assist schools 
     in initiating, developing, and financing--
       (1) energy efficiency projects;
       (2) distributed generation projects; and
       (3) energy retrofitting projects.
       (b) Elements.--In carrying out subsection (a), the 
     Secretary shall--
       (1) consult with the officials described in section 
     72313(b) to develop a list of Federal programs and financing 
     mechanisms to be included in the clearinghouse; and
       (2) coordinate with such officials to develop a 
     collaborative education and outreach effort to streamline 
     communications and promote the Federal programs and financing 
     mechanisms included in the clearinghouse, which may include 
     the development and maintenance of a single online resource 
     that includes contact information for relevant technical 
     assistance that may be used by States, outlying areas, local 
     educational agencies, and Bureau-funded schools effectively 
     access and use such Federal programs and financing 
     mechanisms.

                  Subtitle E--Impact Aid Construction

     SEC. 72411. TEMPORARY INCREASE IN FUNDING FOR IMPACT AID 
                   CONSTRUCTION.

       Section 7014(d) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7714(d)) is amended to read as 
     follows:
       ``(d) Construction.--For the purpose of carrying out 
     section 7007, there are authorized to be appropriated, and 
     there are appropriated, $100,000,000 for each of fiscal years 
     2022 through 2026.''.

  Subtitle F--Assistance for Repair of School Foundations Affected by 
                               Pyrrhotite

     SEC. 72511. ALLOCATIONS TO STATES.

       (a) In General.--Beginning not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     carry out a program under which the Secretary makes 
     allocations to States to pay the Federal share of the costs 
     of making grants to local educational agencies under section 
     72512.
       (b) Website.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall publish, on a 
     publicly accessible website of the Department of Education, 
     instructions describing how a State may receive an allocation 
     under this section.

     SEC. 72512. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       (a) In General.--From the amounts allocated to a State 
     under section 72511(a) and contributed by the State under 
     subsection (e)(2), the State shall award grants to local 
     educational agencies--
       (1) to pay the future costs of repairing concrete school 
     foundations damaged by the presence of pyrrhotite; or
       (2) to reimburse such agencies for costs incurred by the 
     agencies in making such repairs in the five-year period 
     preceding the date of enactment of this Act.

[[Page S5598]]

       (b) Local Educational Agency Eligibility.--
       (1) Eligibility for grants for future repairs.--To be 
     eligible to receive a grant under subsection (a)(1), a local 
     educational agency shall--
       (A) with respect to each school for which the agency seeks 
     to use grant funds, demonstrate to the State that--
       (i) the school is a pyrrhotite-affected school; and
       (ii) any laboratory tests, core tests, and visual 
     inspections of the school's foundation used to determine that 
     the school is a pyrrhotite-affected school were conducted--

       (I) by a professional engineer licensed in the State in 
     which the school is located; and
       (II) in accordance with applicable State standards or 
     standards approved by any independent, nonprofit, or private 
     entity authorized by the State to oversee construction, 
     testing, or financial relief efforts for damaged building 
     foundations; and

       (B) provide an assurance that--
       (i) the local educational agency will use the grant only 
     for the allowable uses described in subsection (f)(1); and
       (ii) all work funded with the grant will be conducted by a 
     qualified contractor or architect licensed in the State.
       (2) Eligibility for reimbursement grants.--To be eligible 
     to receive a grant under subsection (a)(2), a local 
     educational agency shall demonstrate that it met the 
     requirements of paragraph (1) at the time it carried out the 
     project for which the agency seeks reimbursement.
       (c) Application.--
       (1) In general.--A local educational agency that seeks a 
     grant under this section shall submit to the State an 
     application at such time, in such manner, and containing such 
     information as the State may require, which upon approval by 
     the State under subsection (d)(1)(A), the State shall submit 
     to the Secretary for approval under subsection (d)(1)(B).
       (2) Contents.--At minimum, each application shall include--
       (A) information and documentation sufficient to enable the 
     State to determine if the local educational agency meets the 
     eligibility criteria under subsection (b);
       (B) in the case of an agency seeking a grant under 
     subsection (a)(1), an estimate of the costs of carrying out 
     the activities described in subsection (f);
       (C) in the case of an agency seeking a grant under 
     subsection (a)(2)--
       (i) an itemized explanation of--

       (I) the costs incurred by the agency in carrying out any 
     activities described subsection (f); and
       (II) any amounts contributed from other Federal, State, 
     local, or private sources for such activities; and

       (ii) the amount for which the local educational agency 
     seeks reimbursement; and
       (D) the percentage of any costs described in subparagraph 
     (B) or (C) that are covered by an insurance policy.
       (d) Approval and Disbursement.--
       (1) Approval.--
       (A) State.--The State shall approve the application of each 
     local educational agency for submission to the Secretary 
     that--
       (i) submits a complete and correct application under 
     subsection (c); and
       (ii) meets the criteria for eligibility under subsection 
     (b).
       (B) Secretary.--Not later than 60 days after receiving an 
     application of a local educational agency submitted by a 
     State under subsection (c)(1), the Secretary shall--
       (i) approve such application, in a case in which the 
     Secretary determines that such application meets the 
     requirements of subparagraph (A); or
       (ii) deny such application, in the case of an application 
     that does not meet such requirements.
       (2) Disbursement.--
       (A) Allocation.--The Secretary shall disburse an allocation 
     to a State not later than 60 days after the date on which the 
     Secretary approves an application under paragraph (1)(B).
       (B) Grant.--The State shall disburse grant funds to a local 
     educational agency not later than 60 days after the date on 
     which the State receives an allocation under subparagraph 
     (A).
       (e) Federal and State Share.--
       (1) Federal share.--The Federal share of each grant under 
     this section shall be an amount that is not more than 50 
     percent of the total cost of the project for which the grant 
     is awarded.
       (2) State share.--
       (A) In general.--Subject to subparagraph (B), the State 
     share of each grant under this section shall be an amount 
     that is not less than 40 percent of the total cost of the 
     project for which the grant is awarded, which the State shall 
     contribute from non-Federal sources.
       (B) Special rule for reimbursement grants.--In the case of 
     a reimbursement grant made to a local educational agency 
     under subsection (a)(2), a State shall be treated as meeting 
     the requirement of subparagraph (A) if the State demonstrates 
     that it contributed, from non-Federal sources, not less than 
     40 percent of the total cost of the project for which the 
     reimbursement grant is awarded.
       (f) Uses of Funds.--
       (1) Allowable uses of funds.--A local educational agency 
     that receives a grant under this section shall use such grant 
     only for costs associated with--
       (A) the repair or replacement of the concrete foundation or 
     other affected areas of a pyrrhotite-affected school in the 
     jurisdiction of such agency to the extent necessary--
       (i) to restore the structural integrity of the school to 
     the safety and health standards established by the 
     professional licensed engineer or architect associated with 
     the project; and
       (ii) to restore the school to the condition it was in 
     before the school's foundation was damaged due to the 
     presence of pyrrhotite; and
       (B) engineering reports, architectural design, core tests, 
     and other activities directly related to the repair or 
     replacement project.
       (2) Prohibited uses of funds.--A local educational agency 
     that receives a grant under this section may not use the 
     grant for any costs associated with--
       (A) work done to outbuildings, sheds, or barns, swimming 
     pools (whether in-ground or above-ground), playgrounds or 
     ballfields, or any ponds or water features;
       (B) the purchase of items not directly associated with the 
     repair or replacement of the school building or its systems, 
     including items such as desks, chairs, electronics, sports 
     equipment, or other school supplies; or
       (C) any other activities not described in paragraph (1).
       (g) Limitation.--A local educational agency may not, for 
     the same project, receive a grant under both--
       (1) this section; and
       (2) subtitle A.

     SEC. 72513. DEFINITIONS.

       In this subtitle:
       (1) Pyrrhotite-affected school.--The term ``pyrrhotite-
     affected school'' means an elementary school or a secondary 
     school that meets the following criteria:
       (A) The school has a concrete foundation.
       (B) Pyrrhotite is present in the school's concrete 
     foundation, as demonstrated by a petrographic or other type 
     of laboratory core analysis or core inspection.
       (C) A visual inspection of the school's concrete foundation 
     indicates that the presence of pyrrhotite is causing the 
     foundation to deteriorate at an unsafe rate.
       (D) A qualified engineer determined that the deterioration 
     of the school's foundation, due to the presence of 
     pyrrhotite--
       (i) caused the school to become structurally unsound; or
       (ii) will result in the school becoming structurally 
     unsound within the next five years.
       (2) Qualified contractor.--The term ``qualified 
     contractor'' means a contractor who is qualified under State 
     law, or approved by any State agency or other State-
     sanctioned independent or nonprofit entity, to repair or 
     replace residential or commercial building foundations that 
     are deteriorating due to the presence of pyrrhotite.

     SEC. 72514. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     subtitle such sums as may be necessary for fiscal year 2022 
     and each fiscal year thereafter.
                                 ______
                                 
  SA 2171. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division B, insert the 
     following:

     SEC. ____. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY 
                   STANDARDS.

       (a) Limousine Standards.--
       (1) Safety belt and seating system standards for 
     limousines.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall prescribe a final 
     rule that--
       (A) amends Federal Motor Vehicle Safety Standard Numbers 
     208, 209, and 210 to require to be installed in limousines on 
     each designated seating position, including on side-facing 
     seats--
       (i) an occupant restraint system consisting of integrated 
     lap-shoulder belts; or
       (ii) an occupant restraint system consisting of a lap belt, 
     if an occupant restraint system described in clause (i) does 
     not meet the need for motor vehicle safety; and
       (B) amends Federal Motor Vehicle Safety Standard Number 207 
     to require limousines to meet standards for seats (including 
     side-facing seats), seat attachment assemblies, and seat 
     installation to minimize the possibility of failure by forces 
     acting on the seats, attachment assemblies, and installations 
     as a result of motor vehicle impact.
       (2) Report on retrofit assessment for limousines.--Not 
     later than 2 years after the date of enactment of this Act, 
     the Secretary shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that assesses the feasibility, benefits, and costs 
     with respect to the application of any requirement 
     established under paragraph (1) to a limousine introduced 
     into

[[Page S5599]]

     interstate commerce before the date on which the requirement 
     takes effect.
       (b) Safety Regulation of Limousines.--
       (1) In general.--Section 30102(a)(6) of title 49, United 
     States Code, is amended--
       (A) in subparagraph (A), by striking ``or'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) modifying a passenger motor vehicle (as defined in 
     section 32101) that has already been purchased by the first 
     purchaser (as defined in subsection (b)(1)) by increasing the 
     wheelbase of the passenger motor vehicle so that the 
     passenger motor vehicle has increased seating capacity.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply beginning on the date that is 1 year after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2172. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle E of title I of division A, insert 
     the following:

     SEC. 115__. TRANSPORTATION ASSISTANCE FOR OLYMPIC, 
                   PARALYMPIC, AND SPECIAL OLYMPICS CITIES.

       (a) Purpose.--The purpose of this section is to prioritize 
     and support State and local efforts on surface transportation 
     issues necessary to obtain the national recognition and 
     economic benefits of participation in the international 
     Olympic, Paralympic, and Special Olympics movement by hosting 
     international Olympic, Paralympic, and Special Olympics 
     events in the United States.
       (b) Priority for Transportation Projects Relating to 
     Olympic, Paralympic, and Special Olympics Events.--
       (1) In general.--Notwithstanding any other provision of 
     law, in providing grants for transportation projects 
     described in paragraph (2), the Secretary may give priority 
     to a transportation project relating to an international 
     Olympic, Paralympic, or Special Olympics event.
       (2) Grants described.--A grant referred to in paragraph (1) 
     is a discretionary grant--
       (A) under title 23 or 49, United States Code, beginning on 
     the date of enactment of this Act; or
       (B) otherwise administered by the Secretary for 
     transportation projects.
       (c) Transportation Planning Activities.--The Secretary 
     shall take all reasonable efforts to provide assistance to an 
     international Olympic, Paralympic, or Special Olympics event, 
     including--
       (1) by providing assistance for planning activities of 
     States and metropolitan planning organizations under sections 
     134 and 135 of title 23, United States Code, for 
     transportation projects relating to an international Olympic, 
     Paralympic, or Special Olympics event;
       (2) by developing intermodal transportation plans in 
     coordination with States and local transportation agencies;
       (3) by expediting review and comment of any required 
     submissions to the Secretary relating to an international 
     Olympic, Paralympic, or Special Olympics event; and
       (4) by providing technical assistance.
       (d) Transportation Projects Relating to Olympic, 
     Paralympic, and Special Olympics Events.--
       (1) In general.--The Secretary may provide assistance, 
     including planning, capital, and operating assistance, to a 
     State or unit of local government in carrying out 
     transportation projects relating to an international Olympic, 
     Paralympic, or Special Olympics event.
       (2) Use of funds.--Notwithstanding any other provision of 
     law, any funding provided in accordance with this section may 
     be used for any temporary facility, equipment, operations, 
     and maintenance that meets the extraordinary needs associated 
     with hosting an international Olympic, Paralympic, or Special 
     Olympics event.
       (e) Funding.--
       (1) In general.--The Secretary shall carry out this section 
     using amounts otherwise available to the Secretary to carry 
     out titles 23 and 49, United States Code.
       (2) Supplement, not supplant.--Any amounts provided to a 
     State or unit of local government in accordance with this 
     section shall be in addition to any Federal funds otherwise 
     available to the State or unit of local government for the 
     transportation project.
                                 ______
                                 
  SA 2173. Mr. PADILLA (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 493, strike lines 8 through 22 and insert the 
     following:
       (b) Eligibility.--Section 602(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Letter of interest.--
       ``(A) In general.--A project shall be eligible to receive 
     credit assistance under the TIFIA program if--
       ``(i) the entity proposing to carry out the project submits 
     a letter of interest prior to submission of a formal 
     application for the project; and
       ``(ii) the project meets the criteria described in this 
     subsection.
       ``(B) Certain projects.--In the case of a project that 
     outlines a proposed financial plan to repay the loan 
     primarily with State or local tax revenue, the review of the 
     letter of interest shall be limited to a legal compliance 
     check to ensure the project meets the criteria described in 
     this subsection, except to the extent that the Secretary 
     determines that the complexity of the project requires 
     further review.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A)(iv)--
       (i) by striking ``a rating'' and inserting ``an investment-
     grade rating''; and
       (ii) by striking ``$75,000,000'' and inserting 
     ``$150,000,000''; and
       (B) in subparagraph (B)--
       (i) by striking ``the senior debt'' and inserting ``senior 
     debt''; and
       (ii) by striking ``credit instrument is for an amount less 
     than $75,000,000'' and inserting ``total amount of other 
     senior debt and the Federal credit instrument is less than 
     $150,000,000''.
                                 ______
                                 
  SA 2174. Mrs. FEINSTEIN (for herself, Mr. Burr, and Mr. Padilla) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 2427, between lines 10 and 11, insert the 
     following:

     SEC. 80505. EXCLUSION OF AMOUNTS RECEIVED FROM STATE-BASED 
                   CATASTROPHE LOSS MITIGATION PROGRAMS.

       (a) In General.--Section 139 of the Internal Revenue Code 
     of 1986 is amended by redesignating subsection (h) as 
     subsection (i) and by inserting after subsection (g) the 
     following new subsection:
       ``(h) State-Based Catastrophe Loss Mitigation Programs.--
       ``(1) In general.--Gross income shall not include any 
     amount received by an individual as a qualified catastrophe 
     mitigation payment under a program established by--
       ``(A) a State,
       ``(B) a political subdivision or instrumentality thereof,
       ``(C) a joint powers authority, or
       ``(D) an entity created by State law which is exempt from 
     taxation under section 501(a) and is overseen by a State 
     agency or State department of insurance,
     for the purpose of making such payments.
       ``(2) Qualified catastrophe mitigation payment.--For 
     purposes of this section, the term `qualified catastrophe 
     mitigation payment' means any amount which is received by the 
     owner of any property to make improvements to such property 
     for the sole purpose of reducing the damage that would be 
     done to such property by a windstorm, earthquake, or 
     wildfire.
       ``(3) No increase in basis.--Rules similar to the rules of 
     subsection (g)(3) shall apply in the case of this 
     subsection.''.
       (b) Conforming Amendments.--
       (1) Section 139(d) is amended by striking ``and qualified'' 
     and inserting ``, qualified catastrophe mitigation payments, 
     and qualified''.
       (2) Section 139(i) (as redesignated by subsection (a)) is 
     amended by striking ``or qualified'' and inserting ``, 
     qualified catastrophe mitigation payment, or qualified''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.
                                 ______
                                 
  SA 2175. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division H, insert the 
     following:

[[Page S5600]]

  


     SEC. ___. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION 
                   SUBSIDIES.

       (a) In General.--Subsection (a) of section 136 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``any subsidy provided'' and inserting 
     ``any subsidy--
       ``(1) provided'',
       (2) by striking the period at the end and inserting a 
     comma, and
       (3) by adding at the end the following new paragraphs:
       ``(2) provided (directly or indirectly) by a public utility 
     to a customer, or by a State or local government to a 
     resident of such State or locality, for the purchase or 
     installation of any water conservation or efficiency measure, 
     or
       ``(3) provided (directly or indirectly) by a storm water 
     management provider to a customer, or by a State or local 
     government to a resident of such State or locality, for the 
     purchase or installation of any storm water management 
     measure.''.
       (b) Conforming Amendments.--
       (1) Definition of water conservation or efficiency measure 
     and storm water management measure.--Section 136(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``Energy Conservation Measure'' in the 
     heading thereof and inserting ``Definitions'',
       (B) by striking ``In general'' in the heading of paragraph 
     (1) and inserting ``Energy conservation measure'', and
       (C) by redesignating paragraph (2) as paragraph (4) and by 
     inserting after paragraph (1) the following:
       ``(2) Water conservation or efficiency measure.--For 
     purposes of this section, the term `water conservation or 
     efficiency measure' means any evaluation of water use, or any 
     installation or modification of property, the primary purpose 
     of which is to reduce consumption of water or to improve the 
     management of water demand with respect to one or more 
     dwelling units.
       ``(3) Storm water management measure.--For purposes of this 
     section, the term `storm water management measure' means any 
     installation or modification of property primarily designed 
     to reduce or manage amounts of storm water with respect to 
     one or more dwelling units.''.
       (2) Definition of public utility.--Section 136(c)(4) of 
     such Code (as redesignated by paragraph (1)(C)) is amended by 
     striking subparagraph (B) and inserting the following:
       ``(B) Public utility.--The term `public utility' means a 
     person engaged in the sale of electricity, natural gas, or 
     water to residential, commercial, or industrial customers for 
     use by such customers.
       ``(C) Storm water management provider.--The term `storm 
     water management provider' means a person engaged in the 
     provision of storm water management measures to the public.
       ``(D) Person.--For purposes of subparagraphs (B) and (C), 
     the term `person' includes the Federal Government, a State or 
     local government or any political subdivision thereof, or any 
     instrumentality of any of the foregoing.''.
       (3) Clerical amendments.--
       (A) The heading of section 136 of such Code is amended--
       (i) by inserting ``and water'' after ``energy'', and
       (ii) by striking ``provided by public utilities''.
       (B) The item relating to section 136 in the table of 
     sections of part III of subchapter B of chapter 1 of such 
     Code is amended--
       (i) by inserting ``and water'' after ``energy'', and
       (ii) by striking ``provided by public utilities''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2021.
       (d) No Inference.--Nothing in this Act or the amendments 
     made by this Act shall be construed to create any inference 
     with respect to the proper tax treatment of any subsidy 
     received directly or indirectly from a public utility, a 
     storm water management provider, or a State or local 
     government for any water conservation measure or storm water 
     management measure before January 1, 2022.
                                 ______
                                 
  SA 2176. Mr. CARDIN (for himself, Mr. Padilla, and Mr. Warnock) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 35, lines 10 and 11, strike ``pilot''.
       On page 35, line 14, strike ``pilot''.
       On page 35, line 19, strike ``pilot''.
       Strike section 11509 and insert the following:

     SEC. 11509. RECONNECTING COMMUNITIES PROGRAM.

       (a) Definitions.--In this section:
       (1) Anti-displacement policy.--The term ``anti-displacement 
     policy'' means a policy that limits the displacement of low-
     income, disadvantaged, and underserved communities from 
     neighborhoods due to new investments in housing, businesses, 
     and infrastructure.
       (2) Area of persistent poverty.--The term ``area of 
     persistent poverty'' means--
       (A) any county that has had 20 percent or more of the 
     population of the county living in poverty over the past 30 
     years, as measured by the 1990 and 2000 decennial censuses 
     and the most recent Small Area Income and Poverty Estimates 
     as estimated by the Bureau of the Census;
       (B) any census tract with a poverty rate of at least 20 
     percent, as measured by the most recent 5-year data series 
     available from the American Community Survey of the Bureau of 
     the Census for all States and Puerto Rico; or
       (C) any other territory of the United States that has had 
     20 percent or more of its population living in poverty over 
     the past 30 years, as measured by the 1990, 2000, and 2010 
     decennial censuses, or equivalent data, of the Bureau of the 
     Census.
       (3) Community land trust.--The term ``community land 
     trust'' means a nonprofit organization established or with 
     the responsibility, as applicable--
       (A) to develop the real estate created by the removal or 
     capping of an eligible facility; and
       (B) to carry out anti-displacement or community development 
     strategies, including--
       (i) affordable housing preservation and development;
       (ii) homeownership and property improvement programs;
       (iii) the development or rehabilitation of park space or 
     recreation facilities; and
       (iv) community revitalization and economic development 
     projects.
       (4) Eligible facility.--
       (A) In general.--The term ``eligible facility'' means a 
     highway or other transportation facility that creates a 
     barrier to community connectivity, including barriers to 
     mobility, access, or economic development, due to high 
     speeds, grade separations, or other design factors.
       (B) Inclusions.--The term ``eligible facility'' may 
     include--
       (i) a limited access highway;
       (ii) a railway;
       (iii) a viaduct;
       (iv) a principal arterial facility; or
       (v) any other transportation facility for which the high 
     speeds, grade separation, or other design factors create an 
     obstacle to connectivity.
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a 
     reconnecting communities program under which an eligible 
     entity may apply for funding, in order to identify, remove, 
     replace, retrofit, mitigate, or remediate the effects from 
     eligible facilities and restore or improve community 
     connectivity, mobility, and access in disadvantaged and 
     underserved communities--
       (A) to study the feasibility and impacts of removing, 
     retrofitting, mitigating, or remediating the effects on 
     community connectivity from an existing eligible facility;
       (B) to conduct planning activities, including preliminary 
     engineering and final design activities, for a project to 
     remove, retrofit, mitigate, or remediate the effects on 
     community connectivity from an existing eligible facility; 
     and
       (C) to conduct construction activities necessary to carry 
     out a project to remove, retrofit, mitigate, or remediate the 
     effects on community connectivity from an existing eligible 
     facility.
       (2) Focus.--The Secretary shall ensure that any activities 
     carried out under this section--
       (A) focus on improvements that will benefit the populations 
     impacted by or previously displaced by the eligible facility; 
     and
       (B) emphasize equity by garnering community engagement, 
     avoiding future displacement, and ensuring local 
     participation in the planning process.
       (c) Planning Grants.--
       (1) Eligible entities.--
       (A) In general.--The Secretary may award a grant (referred 
     to in this section as a ``planning grant'') to carry out 
     planning activities described in paragraph (2) to--
       (i) a State;
       (ii) a unit of local government;
       (iii) a Tribal government;
       (iv) a territory;
       (v) a metropolitan planning organization;
       (vi) a transit agency;
       (vii) a special purpose district with a transportation 
     function; and
       (viii) a group of entities described in this subparagraph.
       (B) Partnerships.--An eligible entity may enter into an 
     agreement with the following entities to carry out the 
     eligible activities under this subsection:
       (i) A nonprofit organization.
       (ii) An institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)), including minority serving institutions and 
     historically Black colleges and universities (which shall 
     have the meaning given the term ``Predominantly Black 
     institution'' as defined in section 371(c) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(c))).
       (2) Eligible activities described.--The planning activities 
     referred to in paragraph (1) are--
       (A) planning studies to evaluate the feasibility of 
     removing, retrofitting, mitigating, or remediating an 
     existing eligible facility

[[Page S5601]]

     to restore community connectivity, including evaluations of--
       (i) current traffic patterns on the eligible facility 
     proposed for removal, retrofit, mitigation, or remediation 
     and the surrounding street network;
       (ii) the capacity of existing transportation networks to 
     maintain mobility needs;
       (iii) an analysis of alternative roadway designs or other 
     uses for the right-of-way of the eligible facility, including 
     an analysis of whether the available right-of-way would 
     suffice to create an alternative roadway design;
       (iv) the effect of the removal, retrofit, mitigation, or 
     remediation of the eligible facility on the mobility of 
     freight and people;
       (v) the effect of the removal, retrofit, mitigation, or 
     remediation of the eligible facility on the safety of the 
     traveling public;
       (vi) the cost to remove, retrofit, mitigate, or remediate 
     the eligible facility--

       (I) to restore community connectivity; and
       (II) to convert the eligible facility to a roadway design 
     or use that increases safety, mobility, and access for all 
     users, compared to any expected costs for necessary 
     maintenance or reconstruction of the eligible facility;

       (vii) the anticipated economic impact of removing, 
     retrofitting, mitigating, or remediating and converting the 
     eligible facility and any economic development opportunities 
     that would be created by removing, retrofitting, mitigating, 
     or remediating and converting the eligible facility;
       (viii) the environmental impacts of retaining or 
     reconstructing the eligible facility and the anticipated 
     effect of the proposed alternative use or roadway design; and
       (ix) the community impacts and equity analyses of retaining 
     or reconstructing the eligible facility on the surrounding 
     communities, including--

       (I) the demographic breakdown of the impacted community by 
     race and socioeconomic status; and
       (II) the displacement or disconnection that occurred within 
     the community as a result of the existing facility;

       (B) public engagement activities to provide opportunities 
     for public input into a plan to remove, replace, retrofit, 
     mitigate, or remediate the effects from an eligible facility, 
     including--
       (i) building organizational or community capacity to, and 
     educating community members on how to, engage in and 
     contribute to eligible planning activities described in this 
     paragraph;
       (ii) identifying community needs and desires for community 
     improvements and developing community-driven solutions in 
     carrying out eligible planning activities described in this 
     paragraph;
       (iii) conducting assessments of equity, mobility and 
     access, environmental justice, affordability, economic 
     opportunity, health outcomes, and other local goals to be 
     used in carrying out eligible planning activities described 
     in this paragraph; and
       (iv) forming a community advisory board in accordance with 
     subsection (d)(7);
       (C) other transportation planning activities required in 
     advance of a project to remove, retrofit, mitigate, or 
     remediate an existing eligible facility to restore community 
     connectivity, as determined by the Secretary;
       (D) evaluating land use and zoning changes necessary to 
     improve equity and maximize transit-oriented development in 
     connection with a project eligible for a capital construction 
     grant; and
       (E) establishment of anti-displacement and equitable 
     neighborhood revitalization strategies in connection with a 
     project eligible for a capital construction grant, including 
     establishment of a community land trust for land acquisition, 
     land banking, and equitable transit-oriented development.
       (3) Technical assistance program.--
       (A) In general.--The Secretary may provide technical 
     assistance described in subparagraph (B) to an eligible 
     entity described in paragraph (1).
       (B) Technical assistance described.--The technical 
     assistance referred to in subparagraph (A) is technical 
     assistance in building organizational or community capacity--
       (i) to engage in transportation planning; and
       (ii) to identify innovative solutions to challenges posed 
     by existing eligible facilities, including reconnecting 
     communities that--

       (I) are bifurcated by eligible facilities; or
       (II) lack safe, reliable, and affordable transportation 
     choices.

       (C) Priorities.--In selecting recipients of technical 
     assistance under subparagraph (A), the Secretary shall give 
     priority to an application from--
       (i) a community that is economically disadvantaged; or
       (ii) a community that is at high risk for economic 
     displacement.
       (4) Selection.--The Secretary shall--
       (A) solicit applications for--
       (i) planning grants; and
       (ii) technical assistance under paragraph (3); and
       (B) evaluate applications for a planning grant on the basis 
     of the demonstration by the applicant that--
       (i) the eligible facility is aged and is likely to need 
     replacement or significant reconstruction within the 20-year 
     period beginning on the date of the submission of the 
     application;
       (ii) the eligible facility--

       (I) creates barriers to mobility, access, or economic 
     development; or
       (II) is not justified by current and forecast future travel 
     demand; and

       (iii) on the basis of preliminary assessments into the 
     feasibility of removing, retrofitting, mitigating, or 
     remediating the eligible facility to restore community 
     connectivity and increase safety, mobility, and access for 
     all users, further planning activities are necessary and 
     likely to be productive.
       (5) Award amounts.--A planning grant may not exceed 
     $2,000,000 per recipient.
       (6) Federal share.--The total Federal share of the cost of 
     a planning activity for which a planning grant is used shall 
     not exceed 80 percent.
       (d) Capital Construction Grants.--
       (1) Eligible entities.--The Secretary may award a grant 
     (referred to in this section as a ``capital construction 
     grant'') to the owner of an eligible facility to carry out an 
     eligible project described in paragraph (3) for which all 
     necessary feasibility studies and other planning activities 
     have been completed.
       (2) Partnerships.--An owner of an eligible facility may, 
     for the purposes of submitting an application for a capital 
     construction grant, if applicable, partner with--
       (A) a State;
       (B) a unit of local government;
       (C) a Tribal government;
       (D) a metropolitan planning organization;
       (E) a transit agency;
       (F) a special purpose district with a transportation 
     function;
       (G) a territory;
       (H) a nonprofit organization; or
       (I) a group of entities described in this paragraph.
       (3) Eligible projects.--A project eligible to be carried 
     out with a capital construction grant includes--
       (A) the removal, retrofit, mitigation, or remediation of 
     the effects on community connectivity from an eligible 
     facility, including a project to deck over a limited-access 
     highway or other eligible facility;
       (B) the replacement of an eligible facility with a new 
     facility that--
       (i) restores community connectivity;
       (ii) employs context-sensitive solutions appropriate for 
     the surrounding community; and
       (iii) is otherwise eligible for funding under title 23, 
     United States Code;
       (C) support for community partnerships, including a 
     community advisory board described under paragraph (7), in 
     connection with a capital construction grant awarded under 
     this subsection; and
       (D) other activities required to remove, replace, retrofit, 
     mitigate, or remediate an existing eligible facility, as 
     determined by the Secretary.
       (4) Selection.--The Secretary shall--
       (A) solicit applications for capital construction grants; 
     and
       (B) evaluate applications on the basis of--
       (i) the degree to which the project will improve mobility 
     and access through the removal of barriers;
       (ii) the appropriateness of removing, retrofitting, 
     mitigating, or remediating the effects on community 
     connectivity from the eligible facility, based on current 
     traffic patterns and the ability of the project and the 
     regional transportation network to absorb transportation 
     demand and provide safe mobility and access;
       (iii) the impact of the project on freight movement;
       (iv) the results of a cost-benefit analysis of the project;
       (v) the extent to which the applicant has plans for 
     inclusive economic development in place, including the 
     existing land use and whether the zoning provides for 
     equitable and transit-oriented development of underutilized 
     land;
       (vi) the degree to which the eligible facility is out of 
     context with the current or planned land use;
       (vii) the results of any feasibility study completed for 
     the project;
       (viii) the plan of the applicant for--

       (I) employing residents in the area impacted by the project 
     through targeted hiring programs, in partnership with 
     registered apprenticeship programs, if applicable; and
       (II) encouraging community-based entrepreneurship and small 
     business expansion;

       (ix) whether the eligible facility is likely to need 
     replacement or significant reconstruction within the 20-year 
     period beginning on the date of the submission of the 
     application;
       (x) whether the project is consistent with the relevant 
     long-range transportation plan and included in the relevant 
     statewide transportation improvement program;
       (xi) whether the project is consistent with, and how the 
     project would impact, the relevant transportation performance 
     management targets; and
       (xii) the extent to which the project benefits populations 
     impacted by or previously displaced by the eligible facility;
       (C) ensure that the project has conducted sufficient 
     community engagement, such as the activities described in 
     subsection (c)(2)(B); and
       (D) ensure that the jurisdiction in which the eligible 
     facility is located has an anti-displacement policy or a 
     community land trust in place.
       (5) Minimum award amounts.--A capital construction grant 
     shall be in an amount not less than $5,000,000 per recipient.
       (6) Federal share.--

[[Page S5602]]

       (A) In general.--Subject to subparagraph (B), a capital 
     construction grant may not exceed 50 percent of the total 
     cost of the project for which the grant is awarded.
       (B) Maximum federal involvement.--Federal assistance other 
     than a capital construction grant may be used to satisfy the 
     non-Federal share of the cost of a project for which the 
     grant is awarded, except that the total Federal assistance 
     provided for a project for which the grant is awarded may not 
     exceed 80 percent of the total cost of the project.
       (7) Community advisory board.--
       (A) In general.--To help achieve inclusive economic 
     development benefits with respect to the project for which a 
     grant is awarded, a grant recipient may form a community 
     advisory board, which, if formed, shall--
       (i) facilitate community engagement with respect to the 
     project; and
       (ii) track progress with respect to commitments of the 
     grant recipient to inclusive employment, contracting, and 
     economic development under the project.
       (B) Membership.--If a grant recipient forms a community 
     advisory board under subparagraph (A), the community advisory 
     board shall be composed of representatives of--
       (i) the community, including residents in the immediate 
     vicinity of the project;
       (ii) owners of businesses that serve the community;
       (iii) labor organizations that represent workers that serve 
     the community;
       (iv) State and local government; and
       (v) private and nonprofit organizations that represent 
     local community development.
       (C) Diversity.--The community advisory board formed under 
     subparagraph (A) shall be representative of the community 
     served by the project.
       (e) Priorities.--In selecting recipients of planning 
     grants, capital construction grants, and technical assistance 
     under this section, the Secretary shall give priority to--
       (1) an application from a community that is economically 
     disadvantaged or high risk of displacement, including an 
     environmental justice community, an underserved community, or 
     a community located in an area of persistent poverty; and
       (2) an eligible entity that has--
       (A) entered into a community benefits agreement with 
     representatives of the community or formed a community 
     advisory board under paragraph (7) of subsection (d);
       (B) demonstrated a plan for employing residents in the area 
     impacted by the activity or project through targeted hiring 
     programs; and
       (C) demonstrated a plan for improving transportation system 
     access.
       (f) Administrative Expenses.--Of the amounts made available 
     to carry out this section, the Secretary may set aside not 
     more 2 percent for the costs of administering the program 
     under this section.
       (g) Reports.--
       (1) Usdot report on program.--Not later than January 1, 
     2026, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that--
       (A) evaluates the program under this section; and
       (B) that--
       (i) includes information about the level of applicant 
     interest in planning grants, technical assistance under 
     subsection (c)(3), and capital construction grants, including 
     the extent to which overall demand exceeded available funds;
       (ii) includes, for recipients of capital construction 
     grants, the outcomes and impacts of the projects carried out 
     with the grant, including--

       (I) any changes in the overall level of mobility, 
     congestion, access, and safety in the project area; and
       (II) environmental impacts and economic development 
     opportunities in the project area;

       (iii) assesses projects funded under subsection (d) to 
     provide best practices.
       (2) Gao report on highway removals.--Not later than 2 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall issue a report that--
       (A) identifies examples of projects to remove highways 
     using Federal highway funds;
       (B) evaluates the effect of highway removal projects on the 
     surrounding area, including impacts to the local economy, 
     congestion effects, safety outcomes, and impacts on the 
     movement of freight and people;
       (C) evaluates the existing Federal-aid program eligibility 
     under title 23, United States Code, for highway removal 
     projects;
       (D) analyzes the costs and benefits of and barriers to 
     removing underutilized highways that are nearing the end of 
     their useful life compared to replacing or reconstructing the 
     highway; and
       (E) provides recommendations for integrating those 
     assessments into transportation planning and decision-making 
     processes.
       (3) Eligibility guidance.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall publish 
     guidance describing the eligibility of funds apportioned 
     under section 104(b) of title 23, United States Code, for 
     activities eligible for assistance under this section.
       (h) Technical Assistance.--Of the funds made available to 
     carry out this section for planning grants, the Secretary may 
     use not more than $15,000,000 during the period of fiscal 
     years 2022 through 2026 to provide technical assistance under 
     subsection (c)(3).
                                 ______
                                 
  SA 2177. Mr. COONS (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

                  TITLE _____--DRIVING FOR OPPORTUNITY

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Driving for Opportunity 
     Act of 2021''.

     SEC. ___02. FINDINGS.

       Congress finds the following:
       (1) Driving a vehicle is an essential aspect of the daily 
     lives of most people in the United States.
       (2) Driving is often required to access jobs and 
     healthcare, take care of family, get groceries, and fulfill 
     other basic responsibilities.
       (3) In many small cities, towns, and rural areas that do 
     not have public transportation and ridesharing alternatives, 
     driving is often the only realistic means of transportation.
       (4) Even in cities with public transportation and 
     ridesharing options, individuals vulnerable to infection 
     during the COVID-19 pandemic and those complying with public 
     health guidance regarding social distancing are increasingly 
     reliant on driving as their primary means of transportation 
     for essential travel.
       (5) In the United States, millions of Americans have had 
     their driver's licenses suspended for unpaid court fines and 
     fees.
       (6) A person whose driver's license is suspended or revoked 
     for unpaid fines and fees will often find it more difficult 
     to earn a living and therefore pay the debt owed to the 
     government.
       (7) The barrier to employment posed by driver's license 
     suspensions and revocations for unpaid fines and fees is 
     especially problematic during the COVID-19 pandemic, when the 
     unemployment rate is the highest it has been since the Great 
     Depression.
       (8) Drunk and dangerous driving are some of the leading 
     causes of death and serious bodily injury in the United 
     States, and promoting safety on the roads is a legitimate, 
     necessary, and core governmental function. Suspending a 
     license for unsafe driving conduct presents different 
     considerations than suspending a license for unpaid fines and 
     fees. Suspending a license for unsafe driving is an 
     appropriate tool to protect public safety. Policymakers also 
     may consider alternatives to suspension of a license for 
     unsafe driving such as ignition interlock device programs.
       (9) According to the National Highway Traffic Safety 
     Administration, every year on average, over 34,000 people are 
     killed and 2,400,000 more people are injured in motor vehicle 
     crashes. Some of the major causes of these crashes include 
     speeding, impaired driving, and distracted driving. Nearly 
     half of passenger vehicle occupants killed in crashes are 
     unrestrained. The societal harm caused by motor vehicle 
     crashes has been valued at $836,000,000,000 annually. The 
     enactment of, enforcement of, and education regarding traffic 
     laws are key to addressing unsafe behavior and promoting 
     public safety.
       (10) However, most driver's license suspensions are not 
     based on the need to protect public safety.
       (11) In the State of Florida, 1,100,000 residents received 
     a suspension notice for unpaid fines and fees in 2017 alone.
       (12) Between 2010 and 2017, all but 3 States increased the 
     amount of fines and fees for civil and criminal violations.
       (13) In the United States, 40 percent of all driver's 
     license suspensions are issued for conduct that was unrelated 
     to driving.
       (14) In 2015, the State of Washington calculated that State 
     troopers spent 70,848 hours dealing with license suspensions 
     for non-driving offenses.
       (15) The American Association of Motor Vehicle 
     Administrators estimated that arresting a person for driving 
     with a suspended license can take 9 hours of an officer's 
     time, including waiting for a tow truck, transporting an 
     individual to jail, filling out paperwork, making a court 
     appearance, and other administrative duties and accordingly 
     Washington State Patrol Chief John Batiste called non-driving 
     suspensions a ``drain on the system as a whole''.
       (16) The Colorado Department of Motor Vehicles determined 
     that suspending driver's licenses for offenses unrelated to 
     driving consumed 8,566 hours per year of staff time in the 
     Department.
       (17) Many States impose a significant fee for reinstating a 
     suspended driver's license, such as Alabama, where the fee is 
     $275.
       (18) Driving on a suspended license is one of the most 
     common criminal charges in jurisdictions across the country.
       (19) Seventy-five percent of those with suspended licenses 
     report continuing to drive.

[[Page S5603]]

       (20) It is more likely that those people are also driving 
     without insurance due to the costs and restrictions 
     associated with obtaining auto insurance on a suspended 
     license, thereby placing a greater financial burden on other 
     drivers when a driver with a suspended license causes an 
     accident.
       (21) The American Association of Motor Vehicle 
     Administrators has concluded the following: ``Drivers who 
     have been suspended for social non-conformance-related 
     offenses are often trapped within the system. Some cannot 
     afford to pay the original fines, and may lose their ability 
     to legally get to and from work as a result of the 
     suspension. Many make the decision to drive while suspended. 
     The suspension results in increased financial obligations 
     through new requirements such as reinstatement fees, court 
     costs, and other penalties. While there is a clear societal 
     interest in keeping those who are unfit to drive off the 
     roads, broadly restricting licenses for violations unrelated 
     to an individual's ability to drive safely may do more harm 
     than good. This is especially true in areas of the country 
     that lack alternative means of transportation. For those 
     individuals, a valid driver license can be a means to 
     survive. Local communities, employers, and employees all 
     experience negative consequences as a result of social non-
     conformity suspensions, including unemployment, lower wages, 
     fewer employment opportunities and hiring choices, and 
     increased insurance costs.''.
       (22) A report by the Harvard Law School Criminal Justice 
     Policy Program concluded the following: ``The suspension of a 
     driver's or professional license is one of the most pervasive 
     poverty traps for poor people assessed a fine that they 
     cannot afford to pay. The practice is widespread. Nearly 40 
     percent of license suspensions nationwide stem from unpaid 
     fines, missed child support payments, and drug offenses--not 
     from unsafe or intoxicated driving or failing to obtain 
     automotive insurance. Suspension of a driver's or 
     professional licenses is hugely counterproductive; it 
     punishes non-payment by taking away a person's means for 
     making a living. License suspension programs are also 
     expensive for States to run and they distract law enforcement 
     efforts from priorities related to public safety. License 
     suspensions may also be unconstitutional if the license was 
     suspended before the judge determined the defendant had the 
     ability to pay the criminal justice debt.''.

     SEC. ___03. GRANTS FOR DRIVER'S LICENSES REINSTATEMENT 
                   PROGRAMS.

       Subpart 1 of part E of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is 
     amended--
       (1) in section 501(a) (34 U.S.C. 10152(a)), by adding at 
     the end the following:
       ``(3) Grants for driver's license reinstatement programs.--
       ``(A) In general.--In addition to grants made under 
     paragraph (1), the Attorney General may make grants to States 
     described in subparagraph (B) to cover costs incurred by the 
     State to reinstate driver's licenses previously suspended for 
     unpaid fines and fees.
       ``(B) States described.--A State described in this 
     subparagraph is a State that--
       ``(i) does not have in effect any State or local law that 
     permits--

       ``(I) the suspension or revocation of, or refusal to renew, 
     a driver's license of an individual based on the individual's 
     failure to pay a civil or criminal fine or fee; or
       ``(II) the refusal to renew the registration of a motor 
     vehicle based on the owner's failure to pay a civil or 
     criminal fine or fee; and

       ``(ii) during the 3-year period ending on the date on which 
     the State applies for or receives a grant under this 
     paragraph, has repealed a State or local law that permitted 
     the suspension or revocation of, or refusal to renew, 
     driver's licenses or the registration of a motor vehicle 
     based on the failure to pay civil or criminal fines or fees.
       ``(C) Criteria.--The Attorney General shall award grants 
     under this section to eligible States that submit a plan to 
     reinstate driver's licenses previously suspended for unpaid 
     fines and fees--
       ``(i) to maximize the number of individuals with suspended 
     driver's licenses eligible to have driving privileges 
     reinstated or regained;
       ``(ii) to provide assistance to individuals living in areas 
     where public transportation options are limited; and
       ``(iii) to ease the burden on States where the State or 
     local law described in subparagraph (B) was in effect during 
     the 3-year period ending on the date on which a State applies 
     for a grant under this paragraph in accordance with section 
     502.
       ``(D) Amount.--Each grant awarded under this paragraph 
     shall be not greater than 5 percent of the amount allocated 
     to the State in accordance with the formula established under 
     section 505.
       ``(E) Report.--Not later than 1 year after the date on 
     which a grant is made to a State under this paragraph, the 
     State shall submit to the Attorney General a report that 
     describes the program implemented under subparagraph (A), 
     including with respect to--
       ``(i) the population served by the program;
       ``(ii) the number of driver's licenses reinstated under the 
     program; and
       ``(iii) all costs to the State of the program, including 
     how the grants under this paragraph were spent to defray such 
     costs.''; and
       (2) in section 508--
       (A) by striking ``There'' and inserting ``(a) In General.--
     There''; and
       (B) by adding at the end the following:
       ``(b) Driver's License Reinstatement Programs.--There is 
     authorized to be appropriated to carry out section 501(a)(3) 
     $20,000,000 for each of fiscal years 2021 through 2025.''.

     SEC. ___04. GAO STUDY.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of the implementation of the grant 
     program in paragraph (3) of section 501(a) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10152(a)), as added by section [___03(a)] of this Act, that--
       (1) includes what is known about the effect of repealing 
     State laws, in selected States, that had permitted the 
     suspension or revocation of, or refusal to renew, driver's 
     licenses or the registration of a motor vehicle based on the 
     failure to pay civil or criminal fines or fees, including 
     such factors, to the extent information is available, as--
       (A) the collection of fines and fees;
       (B) the usage of law enforcement resources;
       (C) economic mobility and unemployment;
       (D) rates of enforcement of traffic safety laws through the 
     tracking of number of summonses and violations issued 
     (including those related to automated enforcement 
     technologies);
       (E) the use of suspensions for public safety-related 
     reasons (including reckless driving, speeding, and driving 
     under the influence);
       (F) safety-critical traffic events (including in localities 
     with automated enforcement programs);
       (G) the rates of license suspensions and proportion of 
     unlicensed drivers;
       (H) racial and geographic disparities; and
       (I) administrative costs (including costs associated with 
     the collection of fines and fees and with the reinstatement 
     of driver's licenses); and
       (2) includes what is known about--
       (A) existing alternatives to driver's license suspension as 
     methods of enforcement and collection of unpaid fines and 
     fees; and
       (B) existing alternatives to traditional driver's license 
     suspension for certain kinds of unsafe driving, including 
     models that allow drivers to continue to drive legally while 
     pursuing driver improvement opportunities.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on the Judiciary and the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on the Judiciary and the Committee on 
     Transportation and Infrastructure a report on the study 
     required under subsection (a).
                                 ______
                                 
  SA 2178. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. _____. OPEN NETWORK ARCHITECTURE.

       (a) Open Network Architecture Testbed.--
       (1) Definitions.--In this subsection--
       (A) the term ``Applied Research Open-RAN testbed'' means 
     the testbed established under paragraph (2);
       (B) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information; and
       (C) the term ``NTIA'' means the National Telecommunications 
     and Information Administration.
       (2) Establishment.--The Assistant Secretary shall establish 
     an applied research open network architecture testbed at the 
     Institute for Telecommunication Sciences of the NTIA to 
     develop and demonstrate network architectures and 
     applications, equipment integration and interoperability at 
     scale, including--
       (A) Open Radio Access Network (commonly known as ``Open-
     RAN'') technology;
       (B) Virtualized Radio Access Network (commonly known as 
     ``vRAN'') technology; and
       (C) cloud native technologies that replicate 
     telecommunications hardware as software-based virtual network 
     elements and functions.
       (3) Focus; considerations.--In establishing the Applied 
     Research Open-RAN testbed pursuant to this subsection, the 
     Assistant Secretary shall ensure that such testbed evaluates 
     issues related to deployment and operation of open network 
     architectures in rural areas.
       (4) Cooperative research and development agreements.--The 
     Assistant Secretary shall enter into cooperative research and 
     development agreements as appropriate to obtain equipment, 
     devices, and expertise for the Applied Research Open-RAN 
     testbed, in accordance with section 12 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
       (5) Private sector contributions.--The Assistant Secretary 
     may accept private contributions to the Applied Research 
     Open-RAN testbed in the form of network equipment or devices 
     for testing purposes.

[[Page S5604]]

       (6) Partnership with government entities.--
       (A) Establishment.--In establishing the Applied Research 
     Open-RAN testbed, the Assistant Secretary shall--
       (i) consult with the Federal Communications Commission, 
     including with respect to ongoing work by the Commission to 
     develop other testbeds, including private sector testbeds, 
     related to Open-RAN technologies; and
       (ii) ensure that the work on the testbed is coordinated 
     with the responsibilities of the Assistant Secretary under 
     any relevant memorandum of understanding with the Federal 
     Communications Commission and the National Science Foundation 
     related to spectrum.
       (B) Operations.--In operating the Applied Research Open-RAN 
     testbed, the Assistant Secretary shall, in consultation with 
     the Federal Communications Commission, partner with--
       (i) the First Responder Network Authority of the NTIA (also 
     known as ``FirstNet'') and the Public Safety Communications 
     Research Division of the National Institute of Standards and 
     Technology to examine use cases and applications for Open-RAN 
     technologies in a public safety network;
       (ii) other Federal agencies, as appropriate to examine use 
     cases and applications for Open-RAN technologies in other 
     areas of interest to such agencies; and
       (iii) international partners, as appropriate.
       (7) Stakeholder input.--The Assistant Secretary shall seek 
     input from stakeholders regarding the establishment and 
     operation of the Applied Research Open-RAN testbed.
       (8) Implementation deadline.--Not later than 180 days after 
     the date of enactment of this Act, the Assistant Secretary 
     shall--
       (A) define metrics and parameters for the Applied Research 
     Open-RAN testbed, including functionality, project 
     configuration and capacity, performance, security 
     requirements, and quality assurance;
       (B) adopt any rules as necessary, in consultation with the 
     Federal Communications Commission; and
       (C) begin the development of the Applied Research Open-RAN 
     testbed, including seeking stakeholder input as required by 
     paragraph (7).
       (9) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report on the findings of the 
     testbed and any recommendations for additional legislative or 
     regulatory actions relating to the work of the testbed.
       (10) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated 
     for the administration of the Applied Research Open-RAN 
     testbed $20,000,000 for fiscal year 2022, to remain available 
     until expended.
       (B) Rule of construction.--Nothing in paragraph (6) shall 
     be construed to obligate FirstNet or any other Federal entity 
     to pay for the cost of the Applied Research Open-RAN testbed 
     established under this subsection in the absence of the 
     appropriation of amounts under this paragraph.
       (C) Authorization for voluntary support.--A Federal entity, 
     including FirstNet, may voluntarily enter into an agreement 
     with NTIA to provide monetary or nonmonetary support for the 
     Applied Research Open-RAN testbed.
       (b) Participation in Standards-setting Bodies.--
       (1) Definitions.--In this subsection--
       (A) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information;
       (B) the term ``eligible standards-setting body''--
       (i) means a standards-setting body, participation in which 
     may be funded by a grant awarded under paragraph (2), as 
     determined by the Assistant Secretary; and
       (ii) includes--

       (I) the 3rd Generation Partnership Project (commonly known 
     as ``3GPP'');
       (II) the Alliance for Telecommunications Industry Solutions 
     (commonly known as ``ATIS'');
       (III) the International Telecommunications Union (commonly 
     known as ``ITU'');
       (IV) the Institute for Electrical and Electronics Engineers 
     (commonly known as ``IEEE'');
       (V) the World Radiocommunications Conferences (commonly 
     known as the ``WRC'') of the ITU;
       (VI) the Internet Engineering Task Force (commonly known as 
     the ``IETF'');
       (VII) the International Organization for Standardization 
     (commonly known as the ``ISO'') and the International 
     Electrotechnical Commission (commonly known as the ``IEC'');
       (VIII) the O-RAN Alliance;
       (IX) the Telecommunications Industry Association (commonly 
     known as ``TIA''); and
       (X) any other standards-setting body identified under 
     paragraph (4);

       (C) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (D) the term ``standards-setting body'' means an 
     international body that develops the standards for open 
     network architecture technologies.
       (2) Grant program.--
       (A) In general.--The Secretary, in collaboration with the 
     Assistant Secretary, shall award grants to private sector 
     entities based in the United States to participate in 
     eligible standards-setting bodies.
       (B) Prioritization.--The Secretary shall prioritize grants 
     awarded under this subsection to private sector entities that 
     would not otherwise be able to participate in eligible 
     standards-setting bodies without the grant.
       (3) Grant criteria.--Not later than 180 days after the date 
     on which amounts are appropriated under paragraph (5), the 
     Secretary, in collaboration with the Assistant Secretary, 
     shall establish criteria for the grants awarded under 
     paragraph (2).
       (4) Consultation with federal communications commission.--
     The Secretary shall consult with the Federal Communications 
     Commission in--
       (A) determining criteria for the grants awarded under 
     paragraph (2); and
       (B) determining which standards-setting bodies, if any, in 
     addition to the standards-setting bodies listed in paragraph 
     (1)(B)(ii) are eligible standards-setting bodies.
       (5) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated 
     for grants under paragraph (2) $30,000,000 in total for 
     fiscal years 2022 through 2025, to remain available until 
     expended.
       (B) Administrative costs.--The Secretary may use not more 
     than 2 percent of any funds appropriated under this paragraph 
     for the administration of the grant program established under 
     this subsection.
                                 ______
                                 
  SA 2179. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 2060, line 17, strike ``NTIA authority'' 
     and all that follows through ``(E)'' on page 2061, line 3.
                                 ______
                                 
  SA 2180. Mr. BARRASSO (for himself and Mr. Inhofe) proposed an 
amendment to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; as 
follows:

       In section 309(e) of the Energy Conservation and Production 
     Act (as added by section 40511(a)), strike the closing 
     quotation marks and the following period and insert the 
     following:
       ``(f) Limitation on Use of Funds.--None of the funds made 
     available under subsection (e) may be used--
       ``(1) to encourage or facilitate the adoption of building 
     codes that restrict or prohibit the direct use of natural gas 
     in residential and commercial buildings for space heating, 
     water heating, cooking, or other purposes; or
       ``(2) to compel the adoption of model building energy 
     codes.''.
                                 ______
                                 
  SA 2181. Ms. LUMMIS (for herself, Mr. Kelly, and Mr. Cornyn) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; as follows:

        At the end of subtitle E of title I of division A, add the 
     following:

     SEC. 115__. HIGHWAY COST ALLOCATION STUDY.

       (a) In General.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary, in coordination with 
     State departments of transportation, shall carry out a 
     highway cost allocation study to determine the direct costs 
     of highway use by various types of users.
       (b) Inclusions.--The study under subsection (a) shall 
     include an examination of--
       (1) the Federal costs occasioned in the design, 
     construction, rehabilitation, and maintenance of Federal-aid 
     highways by--
       (A) the use of vehicles of different dimensions, weights, 
     number of axles, and other specifications; and
       (B) the frequency of those vehicles in the traffic stream;
       (2) the safety-, emissions-, congestion-, and noise-related 
     costs of highway use by various types of users, and other 
     costs as determined by the Secretary; and
       (3) the proportionate share of the costs described in 
     paragraph (1) that are attributable to each class of highway 
     users.
       (c) Requirements.--In carrying out the study under 
     subsection (a), the Secretary shall--

[[Page S5605]]

       (1) ensure that the study examines only direct costs of 
     highway use;
       (2) capture the various driving conditions in different 
     geographic areas of the United States;
       (3) to the maximum extent practicable, distinguish between 
     costs directly occasioned by a highway user class and costs 
     occasioned by all highway user classes; and
       (4) compare the costs occasioned by various highway user 
     classes with the user fee revenue contributed to the Highway 
     Trust Fund by those highway user classes.
       (d) Reports.--
       (1) Interim reports.--Not less frequently than annually 
     during the period during which the Secretary is carrying out 
     the study under subsection (a), the Secretary shall submit to 
     Congress an interim report on the progress of the study.
       (2) Final report.--On completion of the study under 
     subsection (a), the Secretary shall submit to Congress a 
     final report on the results of the study, including the 
     recommendations under subsection (e).
       (e) Recommendations.--On completion of the study under 
     subsection (a), the Secretary, in coordination with the 
     Secretary of the Treasury, shall develop recommendations for 
     a set of revenue options to fully cover the costs occasioned 
     by highway users, including recommendations for--
       (1) changes to existing revenue streams; and
       (2) new revenue streams based on user fees.
                                 ______
                                 
  SA 2182. Mrs. GILLIBRAND (for herself, Mr. Booker, Mrs. Feinstein, 
and Mr. Blumenthal) submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division E, insert the 
     following:

     SEC. 50___. MAXIMUM CONTAMINANT LEVELS.

       Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 
     300g-1(b)) is amended by adding at the end the following:
       ``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
       ``(A) Required regulations.--Not later than 2 years after 
     the date of enactment of this paragraph, the Administrator 
     shall publish a maximum contaminant level and promulgate a 
     national primary drinking water regulation for perfluoroalkyl 
     and polyfluoroalkyl substances, including, at a minimum--
       ``(i) perfluorooctanoic acid (commonly referred to as 
     `PFOA'); and
       ``(ii) perfluorooctane sulfonic acid (commonly referred to 
     as `PFOS').
       ``(B) Monitoring.--In establishing monitoring requirements 
     under the national primary drinking water regulation for 
     perfluoroalkyl and polyfluoroalkyl substances under 
     subparagraph (A), the Administrator shall--
       ``(i) consider options for tailoring monitoring 
     requirements for public water systems that do not detect, or 
     are reliably and consistently below the maximum contaminant 
     level for, those substances; and
       ``(ii) prioritize the use of existing authorities to 
     provide technical assistance and funding to help small, 
     rural, or disadvantaged public water systems to comply with 
     the national primary drinking water regulation.
       ``(C) Health protection.--The national primary drinking 
     water regulation for perfluoroalkyl and polyfluoroalkyl 
     substances under subparagraph (A) shall be protective of the 
     health of subpopulations at greater risk, as described in 
     section 1458.
       ``(D) Health risk reduction and cost analysis.--In meeting 
     the requirements of paragraph (3)(C) with respect to the 
     national primary drinking water regulation for perfluoroalkyl 
     and polyfluoroalkyl substances under subparagraph (A), the 
     Administrator may rely on information available to the 
     Administrator with respect to 1 or more specific 
     perfluoroalkyl or polyfluoroalkyl substances to extrapolate 
     reasoned conclusions with respect to the health risks and 
     effects of a class of perfluoroalkyl or polyfluoroalkyl 
     substances of which the specific perfluoroalkyl or 
     polyfluoroalkyl substances are a part, including by using 
     techniques described in--
       ``(i) the document of the Environmental Protection Agency 
     entitled `Generalized Read-Across (GenRA)' (or a successor 
     document); and
       ``(ii) the Toxicity Estimation Software Tool of the 
     Environmental Protection Agency (or a successor tool).''.
                                 ______
                                 
  SA 2183. Mrs. GILLIBRAND (for herself, Ms. Warren, Mr. Padilla, Mr. 
Durbin, and Mr. Markey) submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division E, insert the 
     following:

     SEC. 50__. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES 
                   AND STANDARDS AND WATER QUALITY CRITERIA FOR 
                   PFAS.

       (a) Deadlines.--
       (1) Water quality criteria.--Not later than 2 years after 
     the date of enactment of this section, the Administrator 
     shall publish in the Federal Register human health water 
     quality criteria for each measurable perfluoroalkyl 
     substance, polyfluoroalkyl substance, and class of such 
     substances.
       (2) Effluent limitations guidelines and standards for 
     priority industry categories.--As soon as practicable, but 
     not later than 4 years after the date of enactment of this 
     section, the Administrator shall publish in the Federal 
     Register a final rule establishing, for each priority 
     industry category, effluent limitations guidelines and 
     standards, in accordance with the Federal Water Pollution 
     Control Act (33 U.S.C. 1251 et seq.), for the discharge 
     (including a discharge into a publicly owned treatment works) 
     of each measurable perfluoroalkyl substance, polyfluoroalkyl 
     substance, and class of such substances.
       (b) Notification.--The Administrator shall notify the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate of each publication made under 
     this section.
       (c) Implementation Assistance for Publicly Owned Treatment 
     Works.--
       (1) In general.--The Administrator shall award grants to 
     owners and operators of publicly owned treatment works, to be 
     used to implement effluent limitations guidelines and 
     standards developed by the Administrator for a perfluoroalkyl 
     substance, polyfluoroalkyl substance, or class of such 
     substances.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection $200,000,000 for each of fiscal years 2022 through 
     2026, to remain available until expended.
       (d) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Effluent limitation.--The term ``effluent limitation'' 
     has the meaning given that term in section 502 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1362).
       (3) Measurable.--The term ``measurable'', with respect to a 
     chemical substance or class of chemical substances, means 
     capable of being measured using--
       (A) a test procedure promulgated or approved in accordance 
     with part 136 of title 40, Code of Federal Regulations (or 
     successor regulations); or
       (B) another analytical method for measuring a 
     perfluoroalkyl substance, polyfluoroalkyl substance, or class 
     of those substances, if the analytical method is validated by 
     the Administrator.
       (4) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
     substance'' means a chemical of which all of the carbon atoms 
     are fully fluorinated carbon atoms.
       (5) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
     substance'' means a chemical containing at least one fully 
     fluorinated carbon atom and at least one carbon atom that is 
     not a fully fluorinated carbon atom.
       (6) Priority industry category.--The term ``priority 
     industry category'' means the following point source 
     categories:
       (A) Organic chemicals, plastics, and synthetic fibers, as 
     identified in part 414 of title 40, Code of Federal 
     Regulations (or successor regulations).
       (B) Pulp, paper, and paperboard, as identified in part 430 
     of title 40, Code of Federal Regulations (or successor 
     regulations).
       (C) Textile mills, as identified in part 410 of title 40, 
     Code of Federal Regulations (or successor regulations).
       (D) Electroplating, as identified in part 413 of title 40, 
     Code of Federal Regulations (or successor regulations).
       (E) Metal finishing, as identified in part 433 of title 40, 
     Code of Federal Regulations (or successor regulations).
       (F) Leather tanning and finishing, as identified in part 
     425 of title 40, Code of Federal Regulations (or successor 
     regulations).
       (G) Paint formulating, as identified in part 446 of title 
     40, Code of Federal Regulations (or successor regulations).
       (H) Electrical and electronic components, as identified in 
     part 469 of title 40, Code of Federal Regulations (or 
     successor regulations).
       (I) Plastics molding and forming, as identified in part 463 
     of title 40, Code of Federal Regulations (or successor 
     regulations).
       (7) Treatment works.--The term ``treatment works'' has the 
     meaning given that term in section 212 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1292).
       (8) Water quality criteria.--The term ``water quality 
     criteria'' means the recommended criteria for water quality 
     developed by the Administrator under section 304(a)(1) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)).
                                 ______
                                 
  SA 2184. Mrs. GILLIBRAND submitted an amendment intended to be

[[Page S5606]]

proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division H, insert the 
     following:

     SEC. __. MODIFICATIONS TO INCOME EXCLUSION FOR CERTAIN WASTE 
                   WATER MANAGEMENT SUBSIDIES.

       (a) In General.--Section 136(a) of the Internal Revenue 
     Code of 1986 is amended--
       (1) by striking ``any subsidy provided'' and inserting 
     ``any subsidy--
       ``(1) provided'',
       (2) by striking the period at the end and inserting ``, 
     or'', and
       (3) by adding at the end the following new paragraph:
       ``(2) provided (directly or indirectly) by a State or local 
     government to a resident of such State or locality for the 
     purchase or installation of any wastewater management 
     measure.''.
       (b) Definition of Waste Water Management Measure.--Section 
     136(c) of such Code is amended--
       (1) by striking ``Energy Conservation Measure'' in the 
     heading thereof and inserting ``Definitions'',
       (2) by striking ``In general'' in the heading of paragraph 
     (1) and inserting ``Energy conservation measure'', and
       (3) by redesignating paragraph (2) as paragraph (3) and by 
     inserting after paragraph (1) the following:
       ``(2) Wastewater management measure.--For purposes of this 
     section, the term `wastewater management measure' means any 
     installation or modification of property primarily designed 
     to manage wastewater (including septic tanks and cesspools) 
     with respect to one or more dwelling units.''.
       (c) Clerical Amendments.--
       (1) The heading for section 136 of such Code is amended--
       (A) by inserting ``and waste water'' after ``energy'', and
       (B) by striking ``provided by public utilities''.
       (2) The item relating to section 136 in the table of 
     sections of part III of subchapter B of chapter 1 of such 
     Code is amended--
       (A) by inserting ``and waste water'' after ``energy'', and
       (B) by striking ``provided by public utilities''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts received after December 31, 2018.
                                 ______
                                 
  SA 2185. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. GAO STUDY ON THE IMPACT OF DRUNK DRIVING CHILD 
                   ENDANGERMENT LAWS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the impact and 
     effectiveness of drunk driving child endangerment laws, and 
     ways in which child endangerment laws can be strengthened to 
     protect children who may be passengers in vehicles driven by 
     drunk drivers.
       (b) Contents.--The report required under this section 
     shall--
       (1) review--
       (A) State laws to determine best practices, comparing State 
     laws in which driving drunk with a child is classified as a 
     felony versus a misdemeanor; and
       (B) effective ways in which States mandate or encourage 
     reporting and documentation of child endangerment; and
       (2) make recommendations as to how State laws can be 
     improved to protect children from riding as passengers in 
     vehicles driven by drunk drivers, including increased 
     penalties, reporting requirements, and coordination with 
     child protective services.
                                 ______
                                 
  SA 2186. Mrs. GILLIBRAND (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in title III of division B, 
     insert the following:

     SEC. 230__. COMMERCIAL DRIVER'S LICENSE REQUIREMENT.

       (a) In General.--Section 31301(4)(B) of title 49, United 
     States Code, is amended by striking ``to transport at least 
     16 passengers including the driver'' and inserting ``or used 
     to transport 9 or more passengers, including the driver''.
       (b) Completion of Rulemaking.--Not later than 2 years after 
     the date of enactment of this Act, the Secretary shall 
     complete the rulemaking process and issue a final rule with 
     respect to the withdrawn rulemaking entitled ``State 
     Inspection Programs for Passenger-Carrier Vehicles'', 
     published in the Federal Register on April 27, 2016 (81 Fed. 
     Reg. 24769).
                                 ______
                                 
  SA 2187. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        In section 23011(c)(1)(B) of title III of division B, 
     strike ``, benefits, and costs''.
                                 ______
                                 
  SA 2188. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in title III of division B, 
     insert the following:

     SECTION 230__. RESEARCH REGARDING THE NEED FOR UNDERRIDE 
                   GUARDS ON SINGLE-UNIT TRUCKS BASED ON THE 
                   HEIGHT OF THE UNDERCARRIAGE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall--
       (1) conduct research on the incidence and severity of 
     underride accidents involving--
       (A) a single-unit truck with an undercarriage height of 
     more than 22 inches; and
       (B) a single-unit truck with an undercarriage height of not 
     more than 22 inches; and
       (2) submit to Congress a report containing legislative 
     recommendations regarding any need for underride guards on 
     single-unit trucks based on the height of the undercarriage 
     of the single-unit truck.
       (b) Independent Research.--If the Secretary enters into a 
     contract with a third party to perform the research required 
     under subsection (a)(1), the Secretary shall ensure that the 
     third party does not have any financial or contractual tie 
     to, or relationship with--
       (1) a motor carrier that transports passengers or property 
     for compensation;
       (2) the motor carrier industry; or
       (3) an entity producing or supplying underride guards.
                                 ______
                                 
  SA 2189. Mrs. GILLIBRAND (for herself and Mr. Burr) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division B, insert the 
     following:

     SEC. __. UNDERRIDE GUARDS FOR GENERAL SERVICES ADMINISTRATION 
                   TRUCKS.

       (a) Definitions.--In this section:
       (1) Rear underride guard.--The term ``rear underride 
     guard'' means a device installed on or near the rear of a 
     motor vehicle that prevents or limits the distance that the 
     front end of a vehicle striking the rear of the vehicle with 
     the device will slide under the rear of the impacted vehicle.
       (2) Side underride guard.--The term ``side underride 
     guard'' means a device installed on or near the side of a 
     motor vehicle that prevents or limits the distance that the 
     front end of a vehicle striking the side of the vehicle with 
     the device will slide under the side of the impacted vehicle.
       (b) Procurement and Use of Trucks With Underride Guards.--
       (1) In general.--Except as provided in paragraph (2), the 
     General Services Administration--
       (A) may not purchase a truck, the bottom of the carriage of 
     which is more than 22 inches above the ground, unless the 
     truck

[[Page S5607]]

     has a rear underride guard and side underride guards; and
       (B) shall require that a truck used under a contract with 
     the General Services Administration has a rear underride 
     guard and side underride guards.
       (2) Savings clause.--Paragraph (1) shall not apply to any 
     purchase or use of a truck required under a contract entered 
     into by the General Services Administration before the date 
     of enactment of this Act.
                                 ______
                                 
  SA 2190. Mr. DURBIN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. AUTHORIZATION OF AMTRAK TO BRING A CIVIL ACTION TO 
                   ENFORCE ITS PREFERENCE RIGHTS.

       (a) In General.--Section 24308(c) of title 49, United 
     States Code, is amended by adding at the end the following: 
     ``Notwithstanding sections 24103(a) and 24308(f), Amtrak 
     shall have the right to bring an action for equitable or 
     other relief in the United States District Court for the 
     District of Columbia to enforce the preference rights granted 
     under this subsection.''.
       (b) Conforming Amendment.--Section 24103(a)(1) of title 49, 
     United States Code, is amended by inserting ``and section 
     24308(c)'' before ``, only the Attorney General''.
                                 ______
                                 
  SA 2191. Mr. DURBIN (for himself and Mr. Braun) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 25010 of division B and insert the 
     following:

     SEC. 25010. RURAL INVESTMENT.

       (a) Definitions.--In this section:
       (1) Advisory board.--The term ``Advisory Board'' means the 
     Rural Transportation Advisory Board established under 
     subsection (d)(1).
       (2) Build america bureau.--The term ``Build America 
     Bureau'' means the National Surface Transportation and 
     Innovative Finance Bureau established under section 116 of 
     title 49, United States Code.
       (3) Council.--The term ``Council'' means the Rural 
     Investment Council established under subsection (c)(1).
       (4) Director.--The term ``Director'' means the Director for 
     Rural Investment appointed under subsection (b)(3)(A).
       (5) Office.--The term ``Office'' means the Office of Rural 
     Investment established under subsection (b)(1).
       (6) Rural community.--The term ``rural community'' means--
       (A) a community, including a historically disadvantaged 
     community, located in a rural area;
       (B) a federally recognized Indian Tribe; and
       (C) a historically disadvantaged community located in a 
     Tribal area.
       (b) Office of Rural Investment.--
       (1) In general.--The Secretary shall establish in the 
     Department, within the Office of the Secretary, an Office of 
     Rural Investment--
       (A) to improve the analysis of projects proposed by rural 
     communities applying for discretionary grants from the 
     Department, including by ensuring that project costs, local 
     resources, and the larger benefits to the people and the 
     economy of the United States are appropriately considered;
       (B) to ensure that the unique needs and attributes of rural 
     transportation, involving all modes, are fully addressed and 
     prioritized during the development and implementation of 
     transportation policies, programs, and activities within the 
     Department;
       (C)(i) to improve coordination of Federal transportation 
     policies, programs, and activities within the Department in a 
     manner that expands economic development in rural communities 
     and regions; and
       (ii) to provide recommendations for improvement, including 
     additional internal realignments;
       (D) to expand Federal transportation infrastructure 
     investment in rural communities and regions, including by 
     providing recommendations for changes in existing funding 
     distribution patterns;
       (E) to use innovation to resolve local and regional 
     transportation challenges faced by rural communities and 
     regions;
       (F) to promote and improve planning and coordination among 
     rural communities and regions to maximize the unique 
     competitive advantage in those locations while avoiding 
     duplicative Federal, State and local investments; and
       (G) to ensure that all rural communities and regions 
     lacking resources receive proactive outreach, education, and 
     technical assistance to improve access to Federal 
     transportation programs.
       (2) Objectives.--The Office shall--
       (A) collect input from knowledgeable entities and the 
     public on--
       (i) the benefits of rural and Tribal transportation 
     projects;
       (ii) the technical and financial assistance required for 
     constructing and operating rural and Tribal transportation 
     infrastructure and services;
       (iii) barriers and opportunities to funding rural and 
     Tribal transportation projects;
       (iv) unique transportation barriers and challenges facing 
     historically disadvantaged communities in rural and Tribal 
     areas; and
       (v) unique environmental transportation issues for rural 
     communities and Tribal communities;
       (B) evaluate data on rural and Tribal transportation 
     challenges and determine methods to align the discretionary 
     funding and financing opportunities of the Department with 
     the needs of rural communities and Tribal communities for 
     meeting national transportation goals; and
       (C) educate rural communities and Tribal communities about 
     applicable Department discretionary grants, develop effective 
     methods to evaluate projects in those communities in 
     discretionary grant programs, and communicate those methods 
     through program guidance.
       (3) Leadership.--
       (A) In general.--The Office shall be headed by a Director 
     for Rural Investment who shall be appointed by, and report 
     directly to, the Secretary.
       (B) Duties of the director.--The Director shall--
       (i) be responsible for engaging in activities to carry 
     out--

       (I) the mission of the Office described in paragraph (1); 
     and
       (II) the objectives of the Office described in paragraph 
     (2);

       (ii) organize, guide, and lead activities within the 
     Department to address disparities in rural transportation 
     infrastructure to improve safety, economic development, and 
     quality of life in rural communities and regions;
       (iii) provide information and outreach to rural communities 
     and regions concerning the availability and eligibility 
     requirements of participating in programs of the Department;
       (iv) help rural communities and regions--

       (I) identify competitive economic advantages and 
     transportation investments that ensure continued economic 
     growth; and
       (II) avoid duplicative transportation investments;

       (v) serve as a resource for assisting rural communities and 
     regions with respect to Federal transportation programs;
       (vi) identify--

       (I) Federal statutes, regulations, and polices that may 
     impede the Department from supporting effective rural 
     infrastructure projects that address national transportation 
     goals; and
       (II) potential measures to solve or mitigate those issues;

       (vii) identify improved, simplified, and streamlined 
     internal processes to help limited-resource rural communities 
     and regions access transportation investments;
       (viii) recommend changes and initiatives for the Secretary 
     to consider;
       (ix) ensure and coordinate a routine rural consultation on 
     the development of policies, programs, and activities of the 
     Department;
       (x) serve as an advocate within the Department on behalf of 
     rural communities and regions; and
       (xi) work in coordination with the Department of 
     Agriculture, the Department of Health and Human Services, the 
     Department of Commerce, the Federal Communications 
     Commission, and other Federal agencies, as the Secretary 
     determines to be appropriate, in carrying out the duties 
     described in clauses (i) through (x).
       (4) Contracts and agreements.--For the purpose of carrying 
     out the mission of the Office under paragraph (1) and the 
     objectives of the Office under paragraph (2), the Secretary 
     may enter into contracts, cooperative agreements, and other 
     agreements as necessary, including with research centers, 
     institutions of higher education, States, units of local 
     government, nonprofit organizations, or a combination of any 
     of those entities--
       (A) to conduct research on transportation investments that 
     promote rural economic development;
       (B) to solicit information in the development of policy, 
     programs, and activities of the Department that can improve 
     infrastructure investment and economic development in rural 
     communities and regions;
       (C) to develop educational and outreach materials, 
     including the conduct of workshops, courses, and certified 
     training for rural communities and regions that can further 
     the mission and objectives of the Office and the mission and 
     goals of the Department; and
       (D) to carry out any other activities, as determined by the 
     Secretary to be appropriate.
       (5) Grants.--
       (A) In general.--For the purpose of carrying out the 
     mission of the Office under paragraph (1) and the objectives 
     of the Office

[[Page S5608]]

     under paragraph (2), the Secretary may award competitive 
     grants to an entity described in subparagraph (B) to support 
     expanded education, outreach, and technical assistance to 
     rural communities and regions.
       (B) Entity described.--An entity referred to in 
     subparagraph (A) is a nonprofit organization or an 
     institution of higher education that has not less than 3 
     years of experience providing meaningful transportation 
     technical assistance or advocacy services to rural 
     communities and regions.
       (6) Employees.--The Secretary shall ensure that not more 
     than 4 full-time equivalent employees are assigned to the 
     Office.
       (c) Rural Investment Council.--
       (1) In general.--The Secretary shall establish a Rural 
     Investment Council--
       (A) to assist the Secretary in organizing the Office;
       (B) to provide guidance to the Office;
       (C) to assist the Director in leading the Office; and
       (D) to work with the Office to coordinate rural-related and 
     Tribal-related funding programs and assistance among the 
     modal administrations of the Department.
       (2) Membership.--
       (A) In general.--The Council shall be composed of the 
     following officers of the Department, or their designees:
       (i) The Under Secretary of Transportation for Policy.
       (ii) The General Counsel.
       (iii) The Chief Financial Officer and Assistant Secretary 
     for Budget and Programs.
       (iv) The Assistant Secretary for Research and Technology.
       (v) The Assistant Secretary for Multimodal Freight.
       (vi) The Administrators of--

       (I) the Federal Aviation Administration;
       (II) the Federal Highway Administration;
       (III) the Federal Railroad Administration; and
       (IV) the Federal Transit Administration.

       (vii) The Executive Director of the Build America Bureau.
       (viii) The Assistant Secretary for Governmental Affairs.
       (B) Chair.--The Under Secretary of Transportation for 
     Policy shall be the Chair of the Council.
       (C) Additional members.--The Secretary or the Chair of the 
     Council may designate additional members to serve on the 
     Council.
       (3) Additional modal input.--To address issues related to 
     safety and transport of rural and Tribal commodities, the 
     Council shall consult with the Administrators (or their 
     designees) of--
       (A) the Maritime Administration;
       (B) the Great Lakes St. Lawrence Seaway Development 
     Corporation; and
       (C) the National Highway Traffic Safety Administration.
       (4) Duties.--Members of the Council shall--
       (A) participate in all meetings and relevant Council 
     activities and be prepared to share information relevant to 
     rural and Tribal transportation infrastructure projects and 
     issues;
       (B) provide guidance and leadership on rural and Tribal 
     transportation infrastructure issues and represent the work 
     of the Council and the Department on those issues to external 
     stakeholders; and
       (C) recommend initiatives to the Chair of the Council to 
     consider, establish, and staff any resulting activities or 
     working groups.
       (5) Meetings.--The Council shall meet bimonthly.
       (6) Work products and deliverables.--The Council may 
     develop work products or deliverables to meet the goals of 
     the Council, including--
       (A) an annual report to Congress describing Council 
     activities for the past year and expected activities for the 
     coming year;
       (B) any recommendations to enhance the effectiveness of 
     Department discretionary grant programs regarding rural and 
     Tribal infrastructure issues; and
       (C) other guides and reports for relevant groups and the 
     public.
       (d) Rural Transportation Advisory Board.--
       (1) In general.--The Secretary shall establish a Rural 
     Transportation Advisory Board to consult with and advise the 
     Office.
       (2) Membership.--
       (A) In general.--The Advisory Board shall be composed of 15 
     members, appointed by the Secretary from among individuals 
     with direct experience with rural issues, of whom--
       (i) not fewer than 1 shall be a representative from an 
     institution of higher education or extension program;
       (ii) not fewer than 1 shall be a representative from an 
     organization promoting business and economic development, 
     such as a chamber of commerce, a local government 
     institution, or a planning organization;
       (iii) not fewer than 1 shall be a representative from a 
     financing entity;
       (iv) not fewer than 1 shall have experience in health, 
     mobility, or emergency services;
       (v) not fewer than 1 shall have experience in 
     transportation safety;
       (vi) not fewer than 1 shall have experience with workforce 
     access;
       (vii) not fewer than 1 shall have experience with tourism 
     and recreational activities;
       (viii) not fewer than 1 shall have--

       (I) experience with rural supply chains, such as direct-to-
     consumer supply chains; and
       (II) wholesale distribution experience;

       (ix) not fewer than 1 shall have experience in emerging or 
     innovative technologies relating to rural transportation 
     networks;
       (x) not fewer than 1 shall have experience in food, 
     nutrition, and grocery access;
       (xi) not fewer than 1 shall be actively engaged in 
     agriculture, ranching, or forestry; and
       (xii) not fewer than 1 shall have experience with 
     historically underserved regions, as determined by the 
     Secretary.
       (B) Requirement.--The Secretary shall appoint members to 
     the Advisory Board in a manner that ensures, to the maximum 
     extent practicable, that the geographic and economic 
     diversity of rural communities and regions of the United 
     States are represented.
       (C) Timing of initial appointments.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall appoint the initial members of the Advisory Board.
       (D) Period of appointments.--
       (i) In general.--Except as provided in clause (ii), a 
     member of the Advisory Board shall be appointed for a term of 
     3 years.
       (ii) Initial appointments.--Of the members first appointed 
     to the Advisory Board --

       (I) 5, as determined by the Secretary, shall be appointed 
     for a term of 3 years;
       (II) 5, as determined by the Secretary, shall be appointed 
     for a term of 2 years; and
       (III) 5, as determined by the Secretary, shall be appointed 
     for a term of 1 year.

       (E) Vacancies.--Any vacancy on the Advisory Board --
       (i) shall not affect the power of the Advisory Board; and
       (ii) shall be filled as soon as practicable and in the same 
     manner as the original appointment.
       (F) Consecutive terms.--An appointee to the Advisory Board 
     may serve 1 additional, consecutive term if the member is 
     reappointed by the Secretary.
       (3) Meetings.--
       (A) In general.--The Advisory Board shall meet not less 
     than twice per year, as determined by the Secretary.
       (B) Initial meeting.--Not later than 180 days after the 
     date on which the initial members of the Advisory Board are 
     appointed under paragraph (2)(C), the Advisory Board shall 
     hold the first meeting of the Advisory Board.
       (4) Duties.--
       (A) In general.--The Advisory Board shall--
       (i) advise the Office on issues related to rural needs 
     relating to Federal transportation programs;
       (ii) evaluate and review ongoing research activities 
     relating to rural transportation networks, including new and 
     emerging barriers to economic development and access to 
     investments;
       (iii) develop recommendations for any changes to Federal 
     law, regulations, internal Department policies or guidance, 
     or other measures that would eliminate barriers for rural 
     access or improve rural equity in transportation investments;
       (iv) examine methods of maximizing the number of 
     opportunities for assistance for rural communities and 
     regions under Federal transportation programs, including 
     expanded outreach and technical assistance;
       (v) examine methods of encouraging intergovernmental and 
     local resource cooperation to mitigate duplicative 
     investments in key rural communities and regions and improve 
     the efficiencies in the delivery of Federal transportation 
     programs;
       (vi) evaluate other methods of creating new opportunities 
     for rural communities and regions; and
       (vii) address any other relevant issues, as the Secretary 
     determines to be appropriate.
       (B) Reports.--Not later than 1 year after the date on which 
     the initial members of the Advisory Board are appointed under 
     paragraph (2)(C), and every 2 years thereafter through 2026, 
     the Advisory Board shall submit to the Secretary and the 
     relevant committees of Congress a report describing the 
     recommendations developed under subparagraph (A)(iii).
       (5) Personnel matters.--
       (A) Compensation.--A member of the Advisory Board shall 
     serve without compensation.
       (B) Travel expenses.--A member of the Advisory Board shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with section 5703 of title 5, 
     United States Code.
       (6) Termination.--
       (A) In general.--Subject to subparagraph (B), the Advisory 
     Board shall terminate on the date that is 5 years after the 
     date on which the initial members are appointed under 
     paragraph (2)(C).
       (B) Extension.--Before the date on which the Advisory Board 
     terminates, the Secretary may renew the Advisory Board for 1 
     or more 2-year periods.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $7,000,000 for 
     each of fiscal years 2022 through 2026.
                                 ______
                                 
  SA 2192. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and

[[Page S5609]]

transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place in division J, insert the 
     following:


   expenses for united states merchant marine academy infrastructure

       Sec. ___. For necessary expenses of activities authorized 
     by law for the United State Merchant Marine Academy, 
     $611,026,400:  Provided, That $526,512,000 shall be provided 
     for construction and contingency purchases, $53,801,200 for 
     design purchases, and $30,713,200 for program management 
     purchases regarding United States Merchant Marine Academy 
     infrastructure improvement, which shall be used to 
     recapitalize, maintain, and enhance the infrastructure of the 
     United States Merchant Marine Academy.
                                 ______
                                 
  SA 2193. Ms. ERNST (for herself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Beginning on page 2547, strike line 12 and all that 
     follows through page 2548, line 7, and insert the following:

  procurement, construction, improvements, and operations and support

       For an additional amount for ``Procurement, Construction, 
     Improvements, and Operations and Support'', $1,229,000,000, 
     to remain available until September 30, 2026:  Provided, That 
     of the funds made available under this heading in this Act--
       (1) $131,500,000 shall be for housing, family support, 
     safety, and training facilities, as described in the Coast 
     Guard Fiscal Year 2022 Unfunded Priorities List submitted to 
     Congress on June 29, 2021;
       (2) $158,000,000 shall be for shore construction addressing 
     facility deficiencies, as described in the Coast Guard Fiscal 
     Year 2022 Unfunded Priorities List submitted to Congress on 
     June 29, 2021;
       (3) $19,500,000 shall be for shore construction supporting 
     operational assets and maritime commerce, as described in the 
     Coast Guard Fiscal Year 2022 Unfunded Priorities List 
     submitted to Congress on June 29, 2021;
       (4) $120,000,000 shall be for construction and improvement 
     of childcare development centers; and
       (5) $800,000,000 shall be for the remaining items on the 
     Coast Guard Fiscal Year 2022 Unfunded Priorities List 
     submitted to Congress on June 29, 2021 that are not described 
     in paragraphs (1), (2), or (3):
        On page 2697, strike lines 9 through 23 and insert the 
     following:
       For an additional amount for ``Natural Gas Distribution 
     Infrastructure Safety and Modernization Grant Program'', 
     $200,000,000, to remain available until September 30, 2032 
     for the Secretary of Transportation to make competitive 
     grants for the modernization of natural gas distribution 
     pipelines:  Provided, That $40,000,000, to remain available 
     until September 30, 2032, shall be made available for fiscal 
     year 2022, $40,000,000, to remain available until September 
     30, 2033, shall be made available for fiscal year 2023, 
     $40,000,000, to remain available until September 30, 2034, 
     shall be made available for fiscal year 2024, $40,000,000, to 
     remain available until September 30, 2035, shall be made 
     available for fiscal year 2025, and $40,000,000, to remain 
     available until September 30, 2036, shall be made available 
     for fiscal
                                 ______
                                 
  SA 2194. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. METAL COMPOSITION OF CERTAIN COINS.

       (a) In General.--Section 5112(b) of title 31, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding paragraph (1), the Secretary may 
     prescribe a composition of materials in, and a construction 
     of, the half dollar, quarter dollar, dime, or 5-cent coin 
     that varies from the composition and construction required 
     under that paragraph with respect to the coin (including by 
     using different metals in the alloy for the coin than those 
     required under that paragraph) if that action by the 
     Secretary--
       ``(A) reduces the overall cost of minting the coin; and
       ``(B) does not affect--
       ``(i) the diameter and weight of the coin specified under 
     subsection (a); or
       ``(ii) the functionality of the coin, including the 
     electromagnetic signature with respect to the acceptance of 
     the coin.''.
       (b) Transfers of Savings to the Highway Trust Fund.--
     Section 9503(b) of the Internal Revenue Code of 1986 is 
     amended by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Savings from metal composition of coins.--There are 
     hereby appropriated to the Highway Trust Fund amounts 
     equivalent to cost savings achieved as a result of 
     alternation in the composition or construction of coins 
     pursuant to section 5112(b)(2) of title 31, United States 
     Code.''.
                                 ______
                                 
  SA 2195. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. __. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL 
                   ELECTION CAMPAIGNS.

       (a) Termination of Designation of Income Tax Payments.--
     Section 6096 of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subsection:
       ``(d) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2020.''.
       (b) Termination of Fund and Account.--
       (1) Termination of presidential election campaign fund.--
       (A) In general.--Chapter 95 of subtitle H of such Code is 
     amended by adding at the end the following new section:

     ``SEC. 9013. TERMINATION.

       ``The provisions of this chapter shall not apply with 
     respect to any Presidential election (or any Presidential 
     nominating convention) after the date of the enactment of 
     this section, or to any candidate in such an election.''.
       (B) Transfer of remaining funds.--
       (i) In general.--Section 9006 of such Code is amended by 
     adding at the end the following new subsection:
       ``(d) Transfer of Funds Remaining After Termination.--The 
     Secretary shall transfer the amounts in the fund as of the 
     date of the enactment of this subsection to the Highway Trust 
     Fund.''.
       (ii) Conforming amendment.--Section 9503(f) of such Code, 
     as amended by section 80103, is amended by redesignating 
     paragraph (12) as paragraph (13) and by inserting after 
     paragraph (11) the following new paragraph:
       ``(12) Transfer of amounts from presidential election 
     campaign fund.--There is hereby transferred to the Highway 
     Trust Fund the amounts described in section 9006(d).''.
       (2) Termination of account.--Chapter 96 of subtitle H of 
     such Code is amended by adding at the end the following new 
     section:

     ``SEC. 9043. TERMINATION.

       ``The provisions of this chapter shall not apply to any 
     candidate with respect to any Presidential election after the 
     date of the enactment of this section.''.
       (c) Clerical Amendments.--
       (1) The table of sections for chapter 95 of subtitle H of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 9013. Termination.''.

       (2) The table of sections for chapter 96 of subtitle H of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 9043. Termination.''.
                                 ______
                                 
  SA 2196. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle E of title III of division D, add 
     the following:

     SEC. 4034_. AMERICAN CRITICAL MINERAL INDEPENDENCE.

       (a) Definitions.--In this section:
       (1) Byproduct.--The term ``byproduct'' has the meaning 
     given the term in section 7002(a) of the Energy Act of 2020 
     (30 U.S.C. 1606(a)).
       (2) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)), except that the term shall 
     not exclude materials described in paragraph (3)(B)(iii) of 
     that section.
       (3) Critical mineral project.--The term ``critical mineral 
     project'' means a project--
       (A) located on--
       (i) a mining claim, millsite claim, or tunnel site claim 
     for any locatable mineral;
       (ii) land open to mineral entry; or
       (iii) a Federal mineral lease; and
       (B) for the purpose of producing a critical mineral, 
     including--

[[Page S5610]]

       (i) as a byproduct, or a product of a host mineral, or from 
     tailings; or
       (ii) through an exploration project with respect to which 
     the presence of a byproduct is a reasonable expectation, 
     based on known mineral companionality, geologic formation, 
     mineralogy, or other factors.
       (4) Lead agency.--The term ``lead agency'' means the agency 
     with primary responsibility for issuing a mineral exploration 
     or mine permit for a project.
       (5) Mineral exploration or mine permit.--The term ``mineral 
     exploration or mine permit'' means--
       (A) an authorization of the Bureau of Land Management or 
     the Forest Service, as applicable, for a premining activity 
     that requires analysis under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (B) a plan of operations issued by the Bureau of Land 
     Management or the Forest Service; and
       (C) a permit for a project located in an area for which a 
     hardrock mineral permit or lease is available.
       (6) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.
       (b) Improving Domestic Permitting Processes.--
       (1) In general.--Notwithstanding any other provision of 
     law, and except with agreement of the project sponsor, the 
     total period for all necessary Federal reviews and permit 
     consideration for a critical mineral project on Federal land 
     reasonably expected to produce critical minerals may not 
     exceed--
       (A) with respect to a project that requires an 
     environmental assessment under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)), 18 months; or
       (B) with respect to a project that requires an 
     environmental impact statement under that section, 24 months.
       (2) Determination under national environmental policy 
     act.--
       (A) In general.--To the extent that the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     applies to the issuance of any mineral exploration or mine 
     permit relating to a critical mineral project, the lead 
     agency may deem the requirements of that Act to be satisfied 
     if the lead agency determines that a State or Federal agency 
     acting under State or Federal law has addressed the following 
     factors:
       (i) The environmental impact of the action to be conducted 
     under the permit.
       (ii) Possible alternatives to issuance of the permit.
       (iii) The relationship between long- and short-term uses of 
     the local environment and the maintenance and enhancement of 
     long-term productivity.
       (iv) Any irreversible and irretrievable commitment of 
     resources that would be involved in the proposed action.
       (B) Publication.--The lead agency shall publish a 
     determination under subparagraph (A) not later than 90 days 
     after receipt of an application for the permit.
       (C) Verification.--The lead agency shall publish a 
     determination that the factors under subparagraph (A) have 
     been sufficiently addressed and public participation has 
     occurred with regard to any authorizing actions before 
     issuing any mineral exploration or mine permit for a critical 
     mineral project.
       (3) Schedule for permitting process.--For any critical 
     mineral project for which the lead agency cannot make the 
     determination described in paragraph (2)(A), at the request 
     of a project sponsor, the lead agency, cooperating agencies, 
     and any other agencies involved with the mineral exploration 
     or mine permitting process shall enter into an agreement with 
     the project sponsor that sets time limits for each part of 
     the permitting process, including--
       (A) the decision on whether to prepare an environmental 
     impact statement or similar analysis required under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.);
       (B) a determination of the scope of any environmental 
     impact statement or similar analysis required under that Act;
       (C) the scope of, and schedule for, the baseline studies 
     required to prepare an environmental impact statement or 
     similar analysis required under that Act;
       (D) preparation of any draft environmental impact statement 
     or similar analysis required under that Act;
       (E) preparation of a final environmental impact statement 
     or similar analysis required under that Act;
       (F) any consultations required under applicable law;
       (G) submission and review of any comments required under 
     applicable law;
       (H) publication of any public notices required under 
     applicable law; and
       (I) any final or interim decisions.
       (4) Considerations.--In carrying out this subsection, the 
     lead agency shall consider deferring to, and relying on, 
     baseline data, analyses, and reviews performed by State 
     agencies with jurisdiction over the proposed critical mineral 
     project.
       (5) Memorandum of agreement.--The lead agency with respect 
     to a critical mineral project on Federal land, in 
     consultation with any other Federal agency with jurisdiction 
     over the critical mineral project, shall, on request of the 
     project sponsor, a State or local government, an Indian 
     Tribe, or another entity the lead agency determines 
     appropriate, establish a memorandum of agreement with the 
     project sponsor, a State or local government, an Indian 
     Tribe, or another entity the lead agency determines 
     appropriate to carry out the activities described in this 
     subsection.
       (6) Addressing public comments.--As part of the review 
     process of a critical mineral project under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     the lead agency may not address any agency or public comments 
     that were not submitted--
       (A) during a public comment period or consultation period 
     provided during the permitting process; or
       (B) as otherwise required by law.
                                 ______
                                 
  SA 2197. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle C of title III of division D, add 
     the following:

     SEC. 40324. HA-LEU FOR ADVANCED NUCLEAR REACTORS.

       Section 2001 of the Energy Act of 2020 (42 U.S.C. 16281) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (D)--

       (I) in clause (v)(III), by adding ``or'' after the 
     semicolon at the end;
       (II) by striking clause (vi); and
       (III) by redesignating clause (vii) as clause (vi); and

       (ii) in subparagraph (E), by striking ``for domestic 
     commercial use'' and inserting ``to meet the needs of 
     commercial, government, academic, and international 
     entities''; and
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (8) and (6), respectively, and moving the paragraphs so as to 
     appear in numerical order;
       (2) in subsection (b)(2)--
       (A) by striking ``subsection (a)(1)'' each place it appears 
     and inserting ``subsection (b)(1)'';
       (B) in subparagraph (B)(viii), by striking ``subsection 
     (a)(2)(F)'' and inserting ``subsection (b)(2)(F)''; and
       (C) in subparagraph (D)(vi), by striking ``subsection 
     (a)(2)(A)'' and inserting ``subsection (b)(2)(A)'';
       (3) in subsection (c)--
       (A) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     appropriately; and
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated)--
       (i) by striking ``There are'' and inserting the following:
       ``(7) Authorization of appropriations.--There are''; and
       (ii) by striking ``in this section'' and inserting ``under 
     this subsection'';
       (4) in subsection (d)--
       (A) by redesignating paragraphs (1) through (6) as 
     paragraphs (2), (3), (5), (6), (7), and (8), respectively;
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' has the meaning given the term in section 951(b) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).''; and
       (C) by inserting after paragraph (3) (as so redesignated) 
     the following:
       ``(4) Department.--The term `Department' means the 
     Department of Energy.'';
       (5) by moving paragraph (7) of subsection (c) (as 
     designated by paragraph (3)(B)(i)) so as to appear after 
     paragraph (6) of subsection (a) (as redesignated by paragraph 
     (1)(B));
       (6) by striking subsection (c);
       (7) by redesignating subsections (a), (b), and (d) as 
     subsections (b), (g), and (a), respectively, and moving the 
     subsections so as to appear in alphabetical order; and
       (8) by inserting after subsection (b) (as so redesignated) 
     the following:
       ``(c) HA-LEU for Advanced Nuclear Reactor Demonstration 
     Projects.--
       ``(1) Activities.--Not later than 30 days after the date of 
     enactment of the Infrastructure Investment and Jobs Act, the 
     Secretary shall initiate activities to make available HA-LEU, 
     produced from inventories owned by the Department, for use by 
     advanced nuclear reactors, with priority given to the awards 
     made pursuant to the funding opportunity announcement of the 
     Department numbered DE-FOA-0002271 for Pathway 1, Advanced 
     Reactor Demonstrations, with additional HA-LEU to be made 
     available to members of the consortium established under 
     subsection (b)(2)(F), as available.
       ``(2) Ownership.--HA-LEU made available under this 
     subsection--
       ``(A) shall remain the property of, and title shall remain 
     with, the Department; and
       ``(B) shall not be subject to the requirements of section 
     3112(d)(2) and 3113 of the

[[Page S5611]]

     USEC Privatization Act (42 U.S.C. 2297h-10(d)(2), 2297h-11).
       ``(3) Quantity.--In carrying out activities under this 
     subsection, the Secretary, to the maximum extent practicable, 
     shall make available--
       ``(A) by September 30, 2024, not less than 3 metric tons of 
     HA-LEU; and
       ``(B) by December 31, 2025, not less than an additional 15 
     metric tons of HA-LEU.
       ``(4) Factors for consideration.--In carrying out 
     activities under this subsection, the Secretary shall take 
     into consideration--
       ``(A) options for providing HA-LEU from a stockpile of 
     uranium owned by the Department (including the National 
     Nuclear Security Administration), including--
       ``(i) fuel that--

       ``(I) directly meets the needs of the end-users described 
     in paragraph (1); but
       ``(II) has been previously used or fabricated for another 
     purpose;

       ``(ii) fuel that can meet the needs of the end-users 
     described in paragraph (1) after removing radioactive or 
     other contaminants that resulted from a previous use or 
     fabrication of the fuel for research, development, 
     demonstration, or deployment activities of the Department 
     (including activities of the National Nuclear Security 
     Administration);
       ``(iii) fuel from a high-enriched uranium stockpile, which 
     can be blended with lower assay uranium to become HA-LEU to 
     meet the needs of the end-users described in paragraph (1); 
     and
       ``(iv) fuel from uranium stockpiles intended for other 
     purposes, but for which material could be swapped or replaced 
     in time in such a manner that would not negatively impact the 
     missions of the Department;
       ``(B) options for providing HA-LEU from domestically 
     enriched HA-LEU procured by the Department through a 
     competitive process pursuant to the HA-LEU Bank established 
     under subsection (d)(3)(C); and
       ``(C) options to replenish, as needed, Department 
     stockpiles of uranium made available pursuant to subparagraph 
     (A) with domestically enriched HA-LEU procured by the 
     Department through a competitive process pursuant to the HA-
     LEU Bank established under subsection (d)(3)(C).
       ``(5) Limitation.--The Secretary shall not barter or 
     otherwise sell or transfer uranium in any form in exchange 
     for services relating to--
       ``(A) the final disposition of radioactive waste from 
     uranium that is the subject of a contract for sale, resale, 
     transfer, or lease under this subsection; or
       ``(B) environmental cleanup activities.
       ``(6) Appropriations.--In addition to amounts otherwise 
     made available, there is appropriated to the Secretary to 
     carry out this subsection, out of any amounts in the Treasury 
     not otherwise appropriated, $200,000,000 for each of fiscal 
     years 2022 through 2026.
       ``(7) Sunset.--The authority of the Secretary to carry out 
     activities under this subsection shall terminate on the 
     earlier of--
       ``(A) September 30, 2027; and
       ``(B) the date on which the HA-LEU needs of the end-users 
     described in paragraph (1) can be fully met by commercial 
     enrichers in the United States.
       ``(d) Commercial HA-LEU Availability.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Infrastructure Investment and Jobs 
     Act, the Secretary shall establish a program (referred to in 
     this subsection as the `program') to accelerate the 
     availability of commercially produced HA-LEU in the United 
     States in accordance with this subsection.
       ``(2) Purposes.--The purposes of the program are--
       ``(A) to provide for the availability of HA-LEU enriched, 
     deconverted, and fabricated in the United States;
       ``(B) to address nuclear supply chain issues in the United 
     States; and
       ``(C) to support strategic nuclear fuel cycle capabilities 
     in the United States.
       ``(3) Considerations.--In carrying out the program, the 
     Secretary shall consider and, as appropriate, execute--
       ``(A) options to establish, through a competitive process, 
     a commercial HA-LEU production capability of not less than 20 
     metric tons of HA-LEU per year by--
       ``(i) December 31, 2026; or
       ``(ii) the earliest operationally feasible date thereafter;
       ``(B) options that provide for an array of HA-LEU--
       ``(i) enrichment levels;
       ``(ii) output levels to meet demand; and
       ``(iii) fuel forms; and
       ``(C) options to establish, through a competitive process, 
     a HA-LEU Bank--
       ``(i) to replenish Department stockpiles of material used 
     in carrying out activities under subsection (c); and
       ``(ii) after replenishing those stockpiles, to make HA-LEU 
     available to members of the consortium established under 
     subsection (b)(2)(F).
       ``(4) Appropriations.--In addition to amounts otherwise 
     made available, there is appropriated to the Secretary to 
     carry out this subsection, out of any amounts in the Treasury 
     not otherwise appropriated, $150,000,000 for each of fiscal 
     years 2022 through 2031.
       ``(e) Cost Recovery.--
       ``(1) In general.--In carrying out activities under 
     subsections (c) and (d), the Secretary shall ensure that any 
     HA-LEU acquired, provided, or made available under those 
     subsections for members of the consortium established under 
     subsection (b)(2)(F) is subject to cost recovery in 
     accordance with subsection (b)(2)(G).
       ``(2) Availability of certain funds.--Notwithstanding 
     section 3302 of title 31, United States Code, revenues 
     received from the sale or transfer of fuel feed material and 
     other activities related to making HA-LEU available pursuant 
     to this section--
       ``(A) shall be available to the Department for carrying out 
     the purposes of this section, to reduce the need for further 
     appropriations for those purposes; and
       ``(B) shall remain available until expended.
       ``(f) Exclusion.--In carrying out activities under this 
     section, the Secretary shall not make available, or provide 
     funding for, uranium that is recovered, downblended, 
     converted, or enriched by an entity that--
       ``(1) is owned or controlled by the Government of the 
     Russian Federation or the Government of the People's Republic 
     of China; or
       ``(2) is organized under the laws of, or otherwise subject 
     to the jurisdiction of, the Russian Federation or the 
     People's Republic of China.''.
                                 ______
                                 
  SA 2198. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle C of title III of division D, add 
     the following:

     SEC. 40324. NATIONAL STRATEGIC URANIUM RESERVE.

       (a) Definitions.--In this section:
       (1) Uranium reserve.--The term ``Uranium Reserve'' means 
     the uranium reserve operated pursuant to the program 
     established under subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, acting through the Under Secretary for Science and 
     Energy.
       (b) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     program to operate a uranium reserve comprised of uranium 
     recovered in the United States in accordance with this 
     section.
       (c) Purposes.--The purposes of the Uranium Reserve are--
       (1) to address domestic nuclear supply chain issues;
       (2) to provide assurance of the availability of uranium 
     recovered in the United States in the event of a supply 
     disruption; and
       (3) to support strategic nuclear fuel cycle capabilities in 
     the United States.
       (d) Exclusion.--The Secretary shall exclude from the 
     Uranium Reserve uranium that is recovered in the United 
     States by an entity that--
       (1) is owned or controlled by the Government of the Russian 
     Federation or the Government of the People's Republic of 
     China; or
       (2) is organized under the laws of, or otherwise subject to 
     the jurisdiction of, the Russian Federation or the People's 
     Republic of China.
       (e) Appropriations.--In addition to amounts otherwise made 
     available, there is appropriated to the Secretary to carry 
     out this section, out of any amounts in the Treasury not 
     otherwise appropriated, $150,000,000 for each of fiscal years 
     2022 through 2031.
                                 ______
                                 
  SA 2199. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 40106 of title I of division D.
                                 ______
                                 
  SA 2200. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 40106(j) of title I of division D, add at the 
     end the following:
       (9) Generation subsidy prohibited.--In administering the 
     program, the Secretary shall ensure, through the issuance of 
     rules and the adoption of practices and by other means, and 
     shall certify in connection with any financial commitment 
     under the program, that the benefits of the program, 
     including any savings in transmission costs, to

[[Page S5612]]

     any transmission provider or transmission customer do not 
     constitute a subsidy for electric generation of any form.
                                 ______
                                 
  SA 2201. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 40106(d)(4) of title I of division D, strike 
     subparagraph (B).
       In section 40106(d)(4) of title I of division D, 
     redesignate subparagraph (C) as subparagraph (B).
                                 ______
                                 
  SA 2202. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 40106(d)(4) of title I of division D, strike 
     subparagraph (B).
       In section 40106(d)(4) of title I of division D, 
     redesignate subparagraph (C) as subparagraph (B).
       In section 40106(j) of title I of division D, add at the 
     end the following:
       (9) Generation subsidy prohibited.--In administering the 
     program, the Secretary shall ensure, through the issuance of 
     rules and the adoption of practices and by other means, and 
     shall certify in connection with any financial commitment 
     under the program, that the benefits of the program, 
     including any savings in transmission costs, to any 
     transmission provider or transmission customer do not 
     constitute a subsidy for electric generation of any form.
                                 ______
                                 
  SA 2203. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

               DIVISION K--POLITICAL INFLUENCE IN AWARDS

     SEC. ___01. POLITICAL INFLUENCE IN AWARDS.

        For each recipient of Federal funding under a division of 
     this Act or an amendment made by a division of this Act, 
     including a grant, loan guarantee, loan, or other award, the 
     head of the agency or Department awarding the funding shall 
     certify that political influence did not impact the selection 
     of the recipient.
                                 ______
                                 
  SA 2204. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title II of division D, add the following:

     SEC. 402__. DEFINITION OF CRITICAL MINERAL.

       Section 7002(a)(3)(B) of the Energy Act of 2020 (30 U.S.C. 
     1606(a)(3)(B)) is amended by striking clause (i) and 
     inserting the following:
       ``(i) fuel minerals (other than fuel minerals that have 1 
     or more non-fuel uses that are essential to economic and 
     national security);''.
                                 ______
                                 
  SA 2205. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In section 40904(a)(1)(A) of division D, strike ``1915'' 
     and insert ``1917''.
       In section 40904(a)(1)(B) of division D, strike ``2-year 
     period'' and insert ``3-year period''.
                                 ______
                                 
  SA 2206. Mr. WICKER (for himself, Ms. Stabenow, Mr. Inhofe, and Mr. 
Cornyn) submitted an amendment intended to be proposed to amendment SA 
2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, 
Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 331, strike lines 8 through 13 and insert the 
     following:
       ``(L) a project described in section 149(b)(5) that does 
     not result in the construction of new capacity;
       ``(M) a project that reduces transportation emissions at 
     port facilities, including through the advancement of port 
     electrification; and
       ``(N) a project that uses pavement technologies, including 
     designs, materials, and practices, that reduce carbon 
     emissions and transportation emissions, as established by the 
     Federal Highway Administration in policy guidance consistent 
     with subsection (d)(2)(B)(iii).
                                 ______
                                 
  SA 2207. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title VIII of division D, add the following:

     SEC. 408___. DETECTION, IDENTIFICATION, AND MITIGATION OF 
                   TREE SPIKING DEVICES ON FEDERAL LAND.

       (a) Short Title.--This section may be cited as the ``Tree 
     Spiking Mitigation Act''.
       (b) Definitions.--In this section:
       (1) Federal land.--The term ``Federal land'' means--
       (A) National Forest System land; and
       (B) land under the jurisdiction of the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management.
       (2) Secretaries.--The term ``Secretaries'' means each of--
       (A) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service; and
       (B) the Secretary of the Interior, acting through the 
     Director of the Bureau of Land Management.
       (3) Tree spiking device.--The term ``tree spiking device'' 
     means any tree spiking device described in section 1864(d)(3) 
     of title 18, United States Code.
       (c) Authorized Activities.--
       (1) In general.--The Secretaries, acting in coordination, 
     shall take necessary actions to ensure the detection, 
     identification, and, as the Secretaries determine to be 
     appropriate, mitigation of tree spiking devices located on 
     Federal land.
       (2) Prioritization.--For purposes of carrying out 
     activities under paragraph (1), the Secretaries shall 
     prioritize areas in which--
       (A) incidences of tree spiking devices have occurred; or
       (B) the Secretaries suspect that there are tree spiking 
     devices.
       (3) Memoranda of understanding.--The Secretaries may enter 
     into memoranda of understanding for carrying out activities 
     on Federal land under this subsection.
       (4) Use of existing funds.--Of amounts made available for 
     the Office of the Secretary of the Interior and the Office of 
     the Secretary of Agriculture that are not otherwise obligated 
     (including amounts made available under this Act), the 
     Secretaries shall use to carry out this subsection 
     $10,000,000, to remain available until September 30, 2026.
       (d) Updates to Safety Guidelines and Training Protocols.--
     Not later than 90 days after the date of enactment of this 
     Act, the Secretaries shall, where appropriate, update safety 
     guidelines and training protocols to include the awareness, 
     detection, identification, and mitigation of tree spiking 
     devices.
                                 ______
                                 
  SA 2208. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of division G, add the following:

                        TITLE XII--PEAKER PLANTS

     SEC. 71201. SHORT TITLE.

       This title may be cited as the ``Promoting Energy 
     Alternatives is Key to Emission Reductions Act of 2021'' or 
     the ``PEAKER Act of 2021''.

[[Page S5613]]

  


     SEC. 71202. DEFINITIONS.

       In this title:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Finance of the Senate;
       (B) the Committee on Energy and Natural Resources of the 
     Senate;
       (C) the Committee on Environment and Public Works of the 
     Senate;
       (D) the Committee on Ways and Means of the House of 
     Representatives; and
       (E) the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Disadvantaged community.--The term ``disadvantaged 
     community'' means a community that--
       (A) is located in an area with a high concentration of 
     individuals who--
       (i) are members of low- and moderate-income households (as 
     defined in section 570.3 of title 24, Code of Federal 
     Regulations (or a successor regulation));
       (ii) experience high levels of unemployment;
       (iii) face a high rent burden;
       (iv) face a high energy burden;
       (v) have low levels of home ownership;
       (vi) have low levels of educational attainment; or
       (vii) are members of groups that have historically 
     experienced discrimination on the basis of race or ethnicity;
       (B) is burdened by high cumulative environmental pollution 
     or other hazards that can lead to negative public health 
     effects; or
       (C) is determined to be a disadvantaged community, an 
     environmental justice community, a climate-burdened 
     community, or an otherwise similarly vulnerable community 
     pursuant to any Federal or State-level initiative, including 
     any relevant mapping initiative.
       (3) High energy burden.--The term ``high energy burden'' 
     means, with respect to a household, expenditure of the 
     household on residential energy costs that equals 6 percent 
     or more of the household income.
       (4) Peaker plant.--The term ``peaker plant'' means a fossil 
     fuel-fired power plant or unit of a power plant that is run 
     primarily to meet peak electricity demand, as determined by 
     the Secretary, in coordination with the Administrator of the 
     Environmental Protection Agency and the applicable local 
     electrical grid operator.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 71203. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED 
                   STATES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the 
     Secretary, in coordination with the Administrator of the 
     Environmental Protection Agency, the White House 
     Environmental Justice Advisory Council, the White House 
     Environmental Justice Interagency Council, the Council on 
     Environmental Quality, and any other relevant Federal entity 
     that the Secretary determines to be appropriate, shall submit 
     to the appropriate committees of Congress a report that--
       (1) identifies each peaker plant in the United States; and
       (2) for each peaker plant identified under paragraph (1)--
       (A) describes the location of the peaker plant and related 
     socioeconomic and demographic data for that location, 
     including whether the peaker plant is located in or adjacent 
     to a disadvantaged community;
       (B) evaluates the quantity of carbon dioxide, nitric 
     oxides, sulfur oxides, fine particulate matter 
     (PM2.5), and methane emitted per unit of 
     electricity generated by the peaker plant;
       (C) identifies--
       (i) the total number of hours that the peaker plant 
     generates electricity during the year covered by the report;
       (ii) the capacity factor of the plant;
       (iii) the average number of hours that the peaker plant 
     generates electricity each time that the peaker plant 
     generates electricity; and
       (iv) the percentage of the total number of instances in 
     which the peaker plant is started that result in the peaker 
     plant generating electricity for--

       (I) not less than 4 hours;
       (II) not less than 8 hours; and
       (III) not less than 12 hours; and

       (D) identifies, for each day on which the 3 air monitors 
     closest to the peaker plant indicate that Federal ozone or 
     particulate matter standards have been exceeded, the 
     percentage of peak demand met by the peaker plant for the 
     electrical grid load zone served by the peaker plant.
       (b) Community Engagement.--In preparing a report under 
     subsection (a), the Secretary shall initiate and carry out 
     public engagement with residents and stakeholders from 
     disadvantaged communities containing a peaker plant.

     SEC. 71204. CREDIT FOR GENERATION AND STORAGE OF ENERGY FROM 
                   RENEWABLE SOURCES.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 48C the following new section:

     ``SEC. 48D. RENEWABLE ENERGY GENERATION AND STORAGE CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     renewable energy generation and storage credit for any 
     taxable year is an amount equal to 10 percent of the 
     qualified investment for such taxable year with respect to 
     any qualified renewable energy facility.
       ``(b) Qualified Investment With Respect to Qualified 
     Renewable Energy Facilities.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment with respect to a qualified renewable 
     energy facility for any taxable year is the basis of any 
     qualified property placed in service by the taxpayer during 
     such taxable year which is part of a qualified renewable 
     energy facility.
       ``(2) Qualified property.--For purposes of this subsection, 
     the term `qualified property' means property--
       ``(A) which is--
       ``(i) tangible personal property, or
       ``(ii) other tangible property (not including a building or 
     its structural components), but only if such property is used 
     as an integral part of the qualified renewable energy 
     facility,
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable,
       ``(C) which is constructed, reconstructed, erected, 
     installed, or acquired by the taxpayer, and
       ``(D) the original use of which commences with the 
     taxpayer.
       ``(3) Qualified renewable energy facility.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `qualified renewable energy facility' means a facility 
     which--
       ``(i) uses solar, wind, low-impact hydroelectric (as 
     certified by the Low Impact Hydropower Institute), 
     geothermal, tidal, or wave energy to generate electricity 
     which will be received and stored by property described in 
     clause (ii),
       ``(ii) contains property which receives, stores, and 
     delivers electricity described in clause (i), provided that 
     such electricity is--

       ``(I)(aa) sold by the taxpayer to an unrelated person, or
       ``(bb) in the case of a facility which is equipped with a 
     metering device which is owned and operated by an unrelated 
     person, sold or consumed by the taxpayer, and
       ``(II) at a minimum, discharged at such times as a peaker 
     plant within the same electrical grid load zone would operate 
     to meet peak electricity demand (as determined by the grid 
     operator for such electrical grid), and

       ``(iii) which is placed in service--

       ``(I) in a disadvantaged community which is located 
     within--

       ``(aa) the same census tract as a peaker plant, or
       ``(bb) a census tract that is adjacent to a census tract in 
     which a peaker plant is located, and

       ``(II) after December 31, 2021.

       ``(B) Special rule.--For purposes of this paragraph, a 
     facility shall not be deemed to be a qualified renewable 
     energy facility unless the taxpayer demonstrates, to the 
     satisfaction of the Secretary, that--
       ``(i) the property described in clause (i) of subparagraph 
     (A) is co-located with property described in clause (ii) of 
     such subparagraph,
       ``(ii) such taxpayer has, with respect to the property 
     described in clause (ii) of such subparagraph, entered into a 
     contract which ensures that such property operates primarily 
     to receive, store, and deliver electricity from any property 
     described in clause (i) of such subparagraph, or
       ``(iii) the property described in clause (ii) of such 
     subparagraph receives electricity during periods of typically 
     high production of electricity, as a percentage of the grid 
     generation mix, from sources described in clause (i) of such 
     subparagraph, as determined by the grid operator for the 
     electrical grid.
       ``(c) Certain Progress Expenditure Rules Made Applicable.--
     Rules similar to the rules of subsections (c)(4) and (d) of 
     section 46 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of subsection (a).
       ``(d) Definitions.--The terms `disadvantaged community' and 
     `peaker plant' have the same meanings given such term under 
     section 71202 of the PEAKER Act of 2021.''.
       (b) Conforming Amendments.--
       (1) Section 46 of the Internal Revenue Code of 1986 is 
     amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``, and''; and
       (C) by adding at the end the following new paragraph:
       ``(7) the renewable energy generation and storage 
     credit.''.
       (2) Section 49(a)(1)(C) of such Code is amended--
       (A) by striking ``and'' at the end of clause (iv);
       (B) by striking the period at the end of clause (v) and 
     inserting ``, and''; and
       (C) by adding at the end the following new clause:
       ``(vi) the basis of any qualified property which is part of 
     a qualified renewable energy facility under section 48D.''.
       (3) Section 50(a)(2)(E) of such Code is amended by striking 
     ``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(c)''.
       (4) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 48C the 
     following new item:

``48D. Renewable energy generation and storage credit.''.

[[Page S5614]]

       (c) Effective Date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2020, under rules similar to the rules of section 48(m) of 
     the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).

     SEC. 71205. RENEWABLE ENERGY GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means 
     each of the following:
       (A) A unit of State or local government.
       (B) A tax-exempt nonprofit organization.
       (C) A community-owned energy generation facility or energy 
     storage facility located in a disadvantaged community.
       (D) A community-based energy cooperative or a similar group 
     of individuals within a community who are pursuing an 
     eligible project described in subsection (d).
       (E) A partnership between--
       (i) 1 or more of the entities described in subparagraphs 
     (A) through (D); and
       (ii)(I) an electric utility; or
       (II) a private entity.
       (2) Energy storage facility.--The term ``energy storage 
     facility'' means a facility that receives, stores, and 
     delivers electricity.
       (3) Program.--The term ``program'' means the grant program 
     established under subsection (b).
       (4) Qualifying community energy proposal.--The term 
     ``qualifying community energy proposal'' means a proposal to 
     deploy and implement renewable energy generation, energy 
     storage technology, energy efficiency upgrades, energy demand 
     management strategies, or distributed renewable energy 
     resources that a qualifying community energy study determines 
     can reduce the runtime of an existing or planned peaker plant 
     or otherwise reduce or replace the need for an existing or 
     planned peaker plant.
       (5) Qualifying community energy study.--The term 
     ``qualifying community energy study'' means a study or 
     assessment that--
       (A) seeks to identify clean energy strategies to reduce the 
     runtime of an existing or planned peaker plant or otherwise 
     reduce or replace the need for an existing or planned peaker 
     plant, including strategies that involve--
       (i) renewable energy generation;
       (ii) energy storage technology;
       (iii) energy efficiency upgrades;
       (iv) energy demand management strategies; or
       (v) distributed renewable energy deployment; and
       (B) is led by or performed in partnership with the 
     communities directly impacted by pollution from a peaker 
     plant that is located within the same or an adjacent census 
     tract.
       (6) Qualifying energy storage facility.--The term 
     ``qualifying energy storage facility'' means an energy 
     storage facility that--
       (A) is colocated with a qualifying renewable energy 
     facility and operates primarily to receive, store, and 
     deliver renewable energy generated by that qualifying 
     renewable energy facility;
       (B) has entered into a contract with 1 or more qualifying 
     renewable energy facilities such that the energy storage 
     system operates primarily to receive, store, and deliver 
     renewable energy generated by those qualifying renewable 
     energy facilities; or
       (C) receives electricity during periods of typically high 
     production of renewable energy (as a percentage of the grid 
     generation mix), as determined by the operator of the 
     applicable electrical grid.
       (7) Qualifying renewable energy facility.--The term 
     ``qualifying renewable energy facility'' means a facility 
     that--
       (A) generates renewable energy; and
       (B)(i) is colocated with a qualifying energy storage 
     facility; or
       (ii) has entered into a contract described in paragraph 
     (6)(B) with 1 or more qualifying energy storage facilities.
       (8) Renewable energy.--The term ``renewable energy'' means 
     electricity that is generated by or derived from, as 
     applicable--
       (A) a low-impact hydroelectric facility certified by the 
     Low Impact Hydropower Institute;
       (B) solar energy;
       (C) wind energy;
       (D) geothermal energy;
       (E) tidal energy; or
       (F) wave energy.
       (b) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a grant 
     program to assist eligible entities in--
       (1) carrying out projects for the construction, 
     reconstruction, erection, installation, or acquisition of 
     qualifying renewable energy facilities and qualifying energy 
     storage facilities;
       (2) carrying out projects for the implementation of 
     qualifying community energy proposals; and
       (3) developing and carrying out qualifying community energy 
     studies.
       (c) Applications.--To be eligible to receive a grant under 
     the program, an eligible entity shall submit to the Secretary 
     an application at such time, in such manner, and containing 
     such information as the Secretary may require.
       (d) Eligible Projects and Qualifying Community Energy 
     Studies.--The Secretary may provide a grant under the program 
     for--
       (1) a project described in subsection (b)(1) only if each 
     qualifying renewable energy facility and qualifying energy 
     storage facility to be constructed, reconstructed, erected, 
     installed, or acquired pursuant to the project will--
       (A) be located in, or provide a direct and significant 
     benefit to, a disadvantaged community that is located 
     within--
       (i) the same census tract as an existing or planned peaker 
     plant; or
       (ii) a census tract that is adjacent to a census tract in 
     which an existing or planned peaker plant is or will be 
     located; and
       (B) at a minimum, discharge electricity at such times as a 
     peaker plant within the same electrical grid load zone would 
     operate to meet peak electricity demand, as determined by the 
     operator of the applicable electrical grid;
       (2) a project described in subsection (b)(2) only if the 
     qualifying community energy proposal to be implemented 
     pursuant to the project will be implemented in, or provide a 
     direct and significant benefit to, a disadvantaged community 
     that is located within a census tract described in clause (i) 
     or (ii) of paragraph (1)(A); and
       (3) the development and carrying out of a qualifying 
     community energy study only if the qualifying community 
     energy study will provide for engagement with, and 
     incorporate feedback from, each disadvantaged community that 
     is located within a census tract described in clause (i) or 
     (ii) of paragraph (1)(A).
       (e) Technical Assistance Grants.--The Secretary may use 
     amounts appropriated under subsection (i) to provide grants 
     to eligible entities for the cost of acquiring technical 
     assistance for the preparation and submission of an 
     application under subsection (c).
       (f) Priority for Certain Eligible Entities.--In evaluating 
     applications submitted by eligible entities described in 
     subsection (a)(1)(B), the Secretary shall give priority to 
     applications submitted by local, community-based 
     organizations or energy cooperatives.
       (g) Cost Sharing.--
       (1) In general.--Except as provided in paragraph (2), with 
     respect to each project described in paragraph (1) or (2) of 
     subsection (b) for which a grant is provided under the 
     program, the maximum amount provided for the project under 
     the program shall not exceed 60 percent of the total cost 
     incurred by the applicable eligible entity for, as 
     applicable--
       (A) the construction, reconstruction, erection, 
     installation, or acquisition of the applicable qualifying 
     renewable energy facility or qualifying energy storage 
     facility; or
       (B) the implementation of the applicable qualifying 
     community energy proposal.
       (2) Local, community-based organizations and energy 
     cooperatives.--With respect to a project described in 
     paragraph (1) that is carried out by, or for which an 
     application is submitted by, a local, community-based 
     organization or an energy cooperative, the maximum amount 
     provided for the project under the program shall not exceed 
     80 percent of the total cost incurred by the local, 
     community-based organization or energy cooperative for the 
     activities described in subparagraph (A) or (B) of that 
     paragraph, as applicable.
       (h) Community Engagement.--In carrying out this section, 
     the Secretary shall initiate and carry out public engagement, 
     particularly with residents and stakeholders from 
     disadvantaged communities and communities in or adjacent to 
     areas with existing peaker plants identified in a report 
     under section 71203(a), to ensure that--
       (1)(A) the public has input into the formulation of the 
     program; and
       (B) based on that input, the program best addresses the 
     needs and circumstances of disadvantaged communities; and
       (2) the public has information relating to the program, 
     including--
       (A) the benefits of, and opportunities for, eligible 
     projects under the program; and
       (B) the ways in which disadvantaged communities can best 
     use the program to address the clean energy goals of those 
     disadvantaged communities.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     not more than $1,000,000,000 for each of fiscal years 2022 
     through 2032.
                                 ______
                                 
  SA 2209. Mr. CORNYN (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of title VI of division G, insert the 
     following:

     Subtitle C--National Cybersecurity Preparedness Consortium Act

     SEC. 70621. SHORT TITLE.

       This subtitle may be cited as the ``National Cybersecurity 
     Preparedness Consortium Act of 2021''.

     SEC. 70622. DEFINITIONS.

       In this subtitle--
       (1) the term ``consortium'' means a group primarily 
     composed of nonprofit entities, including academic 
     institutions, that develop, update, and deliver cybersecurity 
     training in support of homeland security;

[[Page S5615]]

       (2) the terms ``cybersecurity risk'' and ``incident'' have 
     the meanings given those terms in section 2209(a) of the 
     Homeland Security Act of 2002 (6 U.S.C. 659(a));
       (3) the term ``Department'' means the Department of 
     Homeland Security; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 70623. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.

       (a) In General.--The Secretary may work with a consortium 
     to support efforts to address cybersecurity risks and 
     incidents.
       (b) Assistance to the NCCIC.--The Secretary may work with a 
     consortium to assist the national cybersecurity and 
     communications integration center of the Department 
     (established under section 2209 of the Homeland Security Act 
     of 2002 (6 U.S.C. 659)) to--
       (1) provide training to State and local first responders 
     and officials specifically for preparing for and responding 
     to cybersecurity risks and incidents, in accordance with 
     applicable law;
       (2) develop and update a curriculum utilizing existing 
     programs and models in accordance with such section 2209, for 
     State and local first responders and officials, related to 
     cybersecurity risks and incidents;
       (3) provide technical assistance services to build and 
     sustain capabilities in support of preparedness for and 
     response to cybersecurity risks and incidents, including 
     threats of terrorism and acts of terrorism, in accordance 
     with such section 2209;
       (4) conduct cross-sector cybersecurity training and 
     simulation exercises for entities, including State and local 
     governments, critical infrastructure owners and operators, 
     and private industry, to encourage community-wide 
     coordination in defending against and responding to 
     cybersecurity risks and incidents, in accordance with section 
     2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 
     660(c));
       (5) help States and communities develop cybersecurity 
     information sharing programs, in accordance with section 2209 
     of the Homeland Security Act of 2002 (6 U.S.C. 659), for the 
     dissemination of homeland security information related to 
     cybersecurity risks and incidents; and
       (6) help incorporate cybersecurity risk and incident 
     prevention and response into existing State and local 
     emergency plans, including continuity of operations plans.
       (c) Considerations Regarding Selection of a Consortium.--In 
     selecting a consortium with which to work under this 
     subtitle, the Secretary shall take into consideration the 
     following:
       (1) Any prior experience conducting cybersecurity training 
     and exercises for State and local entities.
       (2) Geographic diversity of the members of any such 
     consortium so as to cover different regions throughout the 
     United States.
       (d) Metrics.--If the Secretary works with a consortium 
     under subsection (a), the Secretary shall measure the 
     effectiveness of the activities undertaken by the consortium 
     under this subtitle.
       (e) Outreach.--The Secretary shall conduct outreach to 
     universities and colleges, including historically Black 
     colleges and universities, Hispanic-serving institutions, 
     Tribal Colleges and Universities, and other minority-serving 
     institutions, regarding opportunities to support efforts to 
     address cybersecurity risks and incidents, by working with 
     the Secretary under subsection (a).

     SEC. 70624. RULE OF CONSTRUCTION.

       Nothing in this subtitle may be construed to authorize a 
     consortium to control or direct any law enforcement agency in 
     the exercise of the duties of the law enforcement agency.
                                 ______
                                 
  SA 2210. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of division I, add the following:

     SEC. 90009. EMERGENCY ASSISTANCE THROUGH THE COMMUNITY 
                   DEVELOPMENT BLOCK GRANT PROGRAM.

       (a) In General.--In addition to amounts otherwise 
     appropriated, out of any money in the Treasury of the United 
     States not otherwise appropriated, there is appropriated to 
     the ``Community Development Fund'', for necessary expenses 
     related to disaster relief, long-term recovery, and 
     restoration of infrastructure, housing, and economic 
     revitalization in areas in States for which the President 
     declared a major disaster under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act of 1974 
     (42 U.S.C. 5170 et seq.) related to Hurricanes Laura, Delta, 
     and Zeta, $1,100,000,000, to remain available until expended, 
     for activities authorized under title I of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
       (b) Deposit of c-band Spectrum Auction Proceeds in 
     Treasury.--Section 309(j)(8) of the Communications Act of 
     1934 (47 U.S.C. 309(j)(8)) is amended--
       (1) in subparagraph (A), by striking ``and (G)'' and 
     inserting ``(G), and (H)'';
       (2) in subparagraph (C)(i), by striking ``and (G)'' and 
     inserting ``(G), and (H)''; and
       (3) by adding at the end the following:
       ``(H) C-band auction proceeds.--Notwithstanding 
     subparagraph (A), and except as provided in subparagraph (B), 
     of the proceeds (including deposits and upfront payments from 
     successful bidders) from the use of a system of competitive 
     bidding under this subsection to award licenses in the band 
     of frequencies between 3700 megahertz and 3980 megahertz 
     (designated by the Commission as `Auction 107'), 
     $1,100,000,000 shall be deposited in the general fund of the 
     Treasury and used for emergency assistance under section 
     90009(a) of the Infrastructure Investment and Jobs Act.''.
                                 ______
                                 
  SA 2211. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        Strike section 23018.
                                 ______
                                 
  SA 2212. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        Strike section 23022.
                                 ______
                                 
  SA 2213. Mr. BLUMENTHAL (for himself and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 24205 and insert the following:

     SEC. 24205. RULEMAKING TO INSTALL AUTOMATIC SHUTOFF SYSTEMS 
                   AND ROLLAWAY PREVENTION TECHNOLOGY IN MOTOR 
                   VEHICLES.

       (a) Definitions.--In this section:
       (1) Electric vehicle.--
       (A) In general.--The term ``electric vehicle'' means a 
     vehicle that--
       (i) does not include an engine; and
       (ii) is powered solely by an external source of 
     electricity, solar power, or both.
       (B) Exclusion.--The term ``electric vehicle'' does not 
     include an electric hybrid vehicle that uses a chemical fuel, 
     such as gasoline or diesel fuel.
       (2) Key.--The term ``key'' has the meaning given the term 
     in section 571.114 of title 49, Code of Federal Regulations 
     (or a successor regulation).
       (3) Manufacturer.--The term ``manufacturer'' has the 
     meaning given the term in section 30102(a) of title 49, 
     United States Code.
       (4) Motor vehicle.--
       (A) In general.--The term ``motor vehicle'' has the meaning 
     given the term in section 30102(a) of title 49, United States 
     Code.
       (B) Exclusions.--The term ``motor vehicle'' does not 
     include--
       (i) a motorcycle or trailer (as those terms are defined in 
     section 571.3 of title 49, Code of Federal Regulations) (or a 
     successor regulation);
       (ii) any motor vehicle with a gross vehicle weight rating 
     of more than 10,000 pounds; or
       (iii) for purposes of subsection (b), a battery electric 
     vehicle.
       (b) Automatic Shutoff Systems for Motor Vehicles.--
       (1) Final rule.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall issue a final rule 
     amending section 571.114 of title 49, Code of Federal 
     Regulations, to require manufacturers to install in each 
     motor vehicle that is equipped with a keyless ignition device 
     and an internal combustion engine technology to automatically 
     shut off the motor vehicle after the motor vehicle has idled 
     for the period designated under subparagraph (B).
       (B) Period described.--
       (i) In general.--The period referred to in subparagraph (A) 
     is the period designated by the Secretary as necessary to 
     prevent carbon monoxide poisoning.
       (ii) Different periods.--The Secretary may designate 
     different periods under clause (i) for different types of 
     motor vehicles, depending on the rate at which the motor 
     vehicle emits carbon monoxide, if--

       (I) the Secretary determines a different period is 
     necessary for a type of motor vehicle

[[Page S5616]]

     for purposes of section 30111 of title 49, United States 
     Code; and
       (II) requiring a different period for a type of motor 
     vehicle is consistent with the prevention of carbon monoxide 
     poisoning.

       (2) Deadline.--The rule under paragraph (1) shall become 
     effective not later than 2 years after the date on which the 
     Secretary issues such rule.
       (c) Preventing Motor Vehicles From Rolling Away.--
       (1) Requirement.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall issue a final rule 
     amending part 571 of title 49, Code of Federal Regulations, 
     to require manufacturers to install technology to prevent 
     movement of motor vehicles equipped with keyless ignition 
     devices and automatic transmissions if--
       (A) the transmission of the motor vehicle is not in the 
     park setting;
       (B) the motor vehicle does not exceed the speed determined 
     by the Secretary under paragraph (2);
       (C) the seat belt of the operator of the motor vehicle is 
     unbuckled;
       (D) the service brake of the motor vehicle is not engaged; 
     and
       (E) the door for the operator of the motor vehicle is open.
       (2) Determination.--The Secretary shall determine the 
     maximum speed at which a motor vehicle may be safely locked 
     in place under the conditions described in subparagraphs (A), 
     (C), (D), and (E) of paragraph (1) to prevent motor vehicle 
     rollaways.
       (3) Deadline.--The rule under paragraph (1) shall become 
     effective not later than 2 years after the date on which the 
     Secretary issues the rule.
                                 ______
                                 
  SA 2214. Mr. BLUMENTHAL (for himself and Mr. Markey) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 24222 and insert the following:

     SEC. 24222. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.

       (a) Occupant Safety.--
       (1) In general.--Subchapter II of chapter 301 of title 49, 
     United States Code (as amended by section 24208(a)), is 
     amended by adding at the end the following:

     ``Sec. 30130. Occupant safety

       ``(a) Definitions.--In this section:
       ``(1) Passenger motor vehicle.--The term `passenger motor 
     vehicle' has the meaning given the term in section 32101.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(b) Rulemaking.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall issue a final 
     rule prescribing a motor vehicle safety standard that 
     requires all new passenger motor vehicles with a gross 
     vehicle weight rating of 10,000 pounds or less to be equipped 
     with a system that--
       ``(1) detects the presence of an unattended occupant in the 
     passenger compartment of the vehicle; and
       ``(2) engages a warning to reduce death and injury 
     resulting from vehicular heatstroke, particularly incidents 
     involving children.
       ``(c) Limitation on Capability of Being Disabled.--The 
     motor vehicle safety standard prescribed under subsection (b) 
     shall require that the system described in that subsection 
     cannot be disabled, overridden, reset, or recalibrated in 
     such a way that the system will no longer detect the presence 
     of an unattended occupant in the passenger compartment of the 
     vehicle and engage a warning.
       ``(d) Means.--
       ``(1) In general.--The warning required under the motor 
     vehicle safety standard prescribed under subsection (b) shall 
     include a distinct auditory and visual warning to notify 
     individuals inside and outside of the passenger motor vehicle 
     of the presence of an unattended occupant, which shall be 
     combined with an interior haptic warning.
       ``(2) Consideration.--In developing the warning referred to 
     in paragraph (1), the Secretary shall also consider including 
     a secondary additional warning--
       ``(A) to notify--
       ``(i) operators that are not in close proximity to the 
     vehicle; and
       ``(ii) emergency responders; and
       ``(B) to provide the geographical location of the passenger 
     motor vehicle in a manner that allows for an emergency 
     response.
       ``(e) Compliance Deadline.--The rule issued pursuant to 
     subsection (b) shall require full compliance with the motor 
     vehicle safety standard prescribed in the rule not later than 
     2 years after the date on which the final rule is issued.''.
       (2) Clerical amendment.--The analysis for subchapter II of 
     chapter 301 of title 49, United States Code (as amended by 
     section 24208(b)), is amended by adding at the end the 
     following:

``30130. Occupant safety.''.

       (b) Study.--
       (1) Definitions.--In this subsection:
       (A) Child restraint system.--The term ``child restraint 
     system'' has the meaning given the term in section 571.213 of 
     title 49, Code of Federal Regulations (or a successor 
     regulation).
       (B) Independent third party.--The term ``independent third 
     party'' means a person that does not receive any direct 
     financial assistance from a manufacturer (as defined in 
     section 30102(a) of title 49, United States Code), that 
     produces or supplies--
       (i) equipment for the systems mandated in section 30130 of 
     title 49, United States Code (as added by subsection (a)(1)); 
     or
       (ii) child restraint systems.
       (C) Passenger motor vehicle.--The term ``passenger motor 
     vehicle'' has the meaning given the term in section 32101 of 
     title 49, United States Code.
       (2) Independent study.--
       (A) Contract.--Not later than 90 days after the date on 
     which a final rule is issued pursuant to section 30130(b) of 
     title 49, United States Code (as added by subsection (a)(1)), 
     and every 2 years thereafter, the Secretary shall enter into 
     a contract with an independent third party to conduct the 
     study described under subparagraph (B).
       (B) Study.--
       (i) In general.--Under the contract between the Secretary 
     and an independent third party under subparagraph (A), the 
     independent third party shall carry out a study on 
     retrofitting passenger motor vehicles introduced into 
     interstate commerce before the effective date of the rule 
     required pursuant to section 30130(b) of title 49, United 
     States Code (as added by subsection (a)(1)), with 
     technologies and products that meet the safety need addressed 
     by the motor vehicle safety standard prescribed under that 
     section.
       (ii) Elements.--In carrying out the study required under 
     clause (i), the independent third party shall--

       (I) identify technologies and products--

       (aa) manufactured for use in passenger motor vehicles 
     introduced into interstate commerce before the effective date 
     of the rule required by section 30130(b) of title 49, United 
     States Code (as added by subsection (a)(1)); and
       (bb) that reduce death and injury resulting from vehicular 
     heatstroke, particularly incidents involving children; and

       (II) make recommendations for manufacturers of such 
     technologies and products to undergo a functional safety 
     performance assessment to ensure that the technologies and 
     products perform as designed by the manufacturer under a 
     variety of real-world conditions.

       (3) Publication; public comment.--Not later than 2 years 
     after the date on which the Secretary enters into a contract 
     under paragraph (2)(A), and every 2 years thereafter, the 
     Secretary shall--
       (A) publish the results of the study required under 
     paragraph (2)(B) in the Federal Register; and
       (B) provide a period for public comment of not longer than 
     90 days after the date on which the results of the study are 
     published pursuant to subparagraph (A).
       (4) Consumer information.--Not later than 120 days after 
     expiration of the public comment period described under 
     paragraph (2)(B) and on review of the public comments, the 
     Secretary shall provide information for consumers through the 
     website of the National Highway Traffic Safety Administration 
     on the performance of the technologies and products described 
     in paragraph (2)(B)(ii) to retrofit existing passenger motor 
     vehicles.
       (5) Submission to congress.--On issuance of the 
     recommendations required under paragraph (2)(B)(ii)(II), the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives the study and 
     recommendations required by paragraph (2)(B)(ii)(II), 
     including any public comment received under paragraph (3)(B).
                                 ______
                                 
  SA 2215. Mr. THUNE (for himself and Mrs. Blackburn) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        Strike section 90008 and insert the following:

     SEC. 90008. 3.1-3.45 GHZ BAND.

       (a) Identification and Auction.--The Federal Communications 
     Commission (referred to in this section as the 
     ``Commission''), in consultation with the Assistant Secretary 
     of Commerce for Communications and Information, shall--
       (1) not later than December 31, 2022, identify 350 
     megahertz of electromagnetic spectrum in the frequencies 
     between 3100 and 3450 megahertz to be made available for 
     shared Federal and non-Federal commercial licensed use, 
     subject to flexible-use service rules that are consistent 
     with the rules for the band of frequencies between 3450 and 
     3550 megahertz established in the Second Report and Order in 
     the matter of Facilitating

[[Page S5617]]

     Shared Use in the 3100-3550 MHz Band adopted by the 
     Commission on March 17, 2021 (FCC 21-32; WT Docket No. 19-
     348) that permit full-power commercial licensed use of that 
     band; and
       (2) not earlier than November 30, 2024, and not later than 
     10 years after the date of enactment of this Act, complete a 
     system of competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) to grant new 
     licenses for the spectrum identified under paragraph (1) of 
     this subsection.
       (b) Timing of Auction.--Notwithstanding section 309(j)(7) 
     of the Communications Act of 1934 (47 U.S.C. 309(j)(7)), the 
     Commission shall conduct the system of competitive bidding 
     required under subsection (a)(2) of this section at a time 
     during the period described in that subsection that will 
     maximize the proceeds generated by the system of competitive 
     bidding.
       (c) Clearing of Spectrum.--Not later than 1 year after the 
     date on which the system of competitive bidding required 
     under subsection (a)(2) is completed, the President shall 
     withdraw or modify any assignment to a Federal Government 
     station of the frequencies identified under subsection (a)(1) 
     in order to accommodate shared Federal and non-Federal 
     commercial licensed use in accordance with subsection (a)(1).
       (d) FCC Auction Authority.--Section 309(j)(11) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended 
     by inserting after ``2025'' the following: ``, and with 
     respect to the electromagnetic spectrum identified under 
     section 90008(a)(1) of the Infrastructure Investment and Jobs 
     Act, such authority shall expire on the date that is 10 years 
     after the date of enactment of that Act''.
                                 ______
                                 
  SA 2216. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 60102 and insert the following:

     SEC. 60102. RURAL CONNECTIVITY ADVANCEMENT PROGRAM.

       (a) Short Title.--This section may be cited as the ``Rural 
     Connectivity Advancement Program Act of 2021''.
       (b) Deposit of Spectrum Auction Proceeds in Rural Broadband 
     Assessment and Deployment Fund.--Section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
       (1) in subparagraph (A), by striking ``and (G)'' and 
     inserting ``(G), and (H)''; and
       (2) by adding at the end the following:
       ``(H) Certain proceeds designated for rural broadband 
     assessment and deployment fund.--
       ``(i) Assessment and deployment set-aside.--Notwithstanding 
     subparagraph (A), and except as provided in subparagraphs 
     (B), (D), (E), (F), and (G), 10 percent of the net proceeds 
     from each use of a system of competitive bidding under this 
     subsection that is mandated by an Act of Congress and that 
     begins on or after the date of enactment of the Rural 
     Connectivity Advancement Program Act of 2021 shall be 
     deposited in the Rural Broadband Assessment and Deployment 
     Fund established under subsection (c) of that Act.
       ``(ii) Definition.--For purposes of this subparagraph, the 
     term `net proceeds', with respect to the use of a system of 
     competitive bidding, means the proceeds remaining after 
     subtracting all auction-related expenditures, including--

       ``(I) relocation payments, including accelerated relocation 
     payments;
       ``(II) payments to incumbent licensees for the 
     relinquishment of all or a portion of the spectrum usage 
     rights of those licensees;
       ``(III) costs associated with the reallocation of spectrum, 
     whether on an exclusive or shared use basis;
       ``(IV) relocation or sharing costs, including for planning 
     for relocation or sharing; and
       ``(V) bidding credits.''.

       (c) Direction and Use of Rural Broadband Assessment and 
     Deployment Fund Proceeds.--
       (1) Definitions.--In this subsection--
       (A) the term ``Commission'' means the Federal 
     Communications Commission;
       (B) the term ``high-cost programs'' means--
       (i) the program for Universal Service Support for High-Cost 
     Areas set forth under subpart D of part 54 of title 47, Code 
     of Federal Regulations, or any successor regulations;
       (ii) the Rural Digital Opportunity Fund set forth under 
     subpart J of part 54 of title 47, Code of Federal 
     Regulations, or any successor regulations;
       (iii) the Interstate Common Line Support Mechanism for 
     Rate-of-Return Carriers set forth under subpart K of part 54 
     of title 47, Code of Federal Regulations, or any successor 
     regulations;
       (iv) the Mobility Fund set forth under subpart L of part 54 
     of title 47, Code of Federal Regulations, or any successor 
     regulations;
       (v) the High Cost Loop Support for Rate-of-Return Carriers 
     program set forth under subpart M of part 54 of title 47, 
     Code of Federal Regulations, or any successor regulations;
       (vi) the Uniendo a Puerto Rico Fund and the Connect USVI 
     Fund set forth under subpart O of part 54 of title 47, Code 
     of Federal Regulations, or any successor regulations; and
       (vii) the Rural Broadband Experiments, as established by 
     the Commission under part 54 of title 47, Code of Federal 
     Regulations;
       (C) the term ``net proceeds'' has the meaning given the 
     term in subparagraph (H) of section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by 
     subsection (b); and
       (D) the term ``Rural Broadband Assessment and Deployment 
     Fund'' means the fund established under paragraph (2).
       (2) Establishment of fund.--There is established in the 
     Treasury of the United States a fund to be known as the 
     ``Rural Broadband Assessment and Deployment Fund''.
       (3) Borrowing authority.--
       (A) In general.--With respect to any auction described in 
     subparagraph (H)(i) of section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)), as added by 
     subsection (b), on or after the date on which the Commission 
     makes a final determination of the amount of net proceeds 
     that will be deposited in the Rural Broadband Assessment and 
     Deployment Fund under such subparagraph (H)(i) as a result of 
     that auction, the Commission may borrow not more than that 
     amount from the Treasury of the United States.
       (B) Reimbursement.--The Commission shall reimburse the 
     general fund of the Treasury, without interest, for any 
     amounts borrowed under subparagraph (A) as funds are 
     deposited into the Rural Broadband Assessment and Deployment 
     Fund.
       (4) Availability of amounts.--Any amounts borrowed under 
     paragraph (3)(A) and any amounts in the Rural Broadband 
     Assessment and Deployment Fund that are not necessary for 
     reimbursement of the general fund of the Treasury for such 
     borrowed amounts shall be available to the Commission for use 
     in accordance with paragraph (5).
       (5) Use of amounts.--
       (A) Establishment of program or programs.--The Commission 
     shall use the amounts made available under paragraph (4) to 
     establish 1 or more programs that are separate from, but are 
     coordinated with and complement, the high-cost programs to 
     address--
       (i) gaps that remain in broadband internet access service 
     coverage in high-cost rural areas despite the operations of 
     the high-cost programs; and
       (ii) shortfalls in sufficient funding of the high-cost 
     programs that could adversely affect the sustainability of 
     services or reasonable comparability of rates that are 
     supported by those programs.
       (B) Purposes.--In carrying out subparagraph (A), the 
     Commission shall use amounts made available under paragraph 
     (4) in an efficient and cost-effective manner only--
       (i) for the assessment of, and to provide subsidies in a 
     technology-neutral manner through a competitive process 
     (subject to weighting preferences for performance quality and 
     other service metrics as the Commission may find appropriate) 
     to providers for support of, deployment of broadband-capable 
     infrastructure in high-cost rural areas that the Commission 
     determines are unserved by fixed terrestrial broadband 
     internet access service at a download speed of not less than 
     25 megabits per second and an upload speed of not less than 3 
     megabits per second (or such higher speed as the Commission 
     may determine appropriate based upon an evolving definition 
     of universal service); and
       (ii) to assess, and provide subsidies to providers to 
     enable providers to sustain, broadband internet access 
     service in any rural area in which--

       (I) not more than 1 provider of fixed terrestrial broadband 
     internet access service operates; and
       (II) the high-cost nature of the area precludes the 
     offering of voice service and broadband internet access 
     service at rates and performance levels available in urban 
     areas as determined by the Urban Rate Survey conducted by the 
     Commission.

       (C) Tribal considerations.--In distributing amounts under 
     this paragraph, the Commission shall consider the broadband 
     internet access service needs of residents of Tribal lands 
     (as defined in section 54.400 of title 47, Code of Federal 
     Regulations, or any successor regulation).
       (D) Limitations.--
       (i) Prohibition on funding other programs.--

       (I) In general.--The Commission may not use amounts made 
     available under paragraph (4) to fund any program that was 
     not established by the Commission under subparagraph (A) of 
     this paragraph, including any program established under 
     section 254 of the Communications Act of 1934 (47 U.S.C. 254) 
     in effect on the date of enactment of this Act, except for 
     using the Universal Service Administrative Company to 
     administer funding.
       (II) Rule of construction.--Nothing in subclause (I) shall 
     be construed to prohibit the Commission from using amounts 
     made available under paragraph (4) to supplement the 
     provision of support under the high-cost programs, as 
     authorized under subparagraph (A)(ii) of this paragraph.

[[Page S5618]]

       (ii) Transparency and accountability for addressing gaps in 
     coverage.--The Commission shall establish transparency and 
     accountability requirements for amounts made available for 
     the purpose set forth in subparagraph (A)(i) that, at a 
     minimum--

       (I) provide--

       (aa) a process for challenging any initial determination by 
     the Commission regarding whether an area is served or 
     unserved; and
       (bb) written public notice on the website of the Commission 
     of--
       (AA) how each challenge under item (aa) was decided; and
       (BB) the reasons of the Commission for each decision;

       (II) establish broadband service buildout milestones and 
     require periodic certification by funding recipients to 
     ensure compliance with the broadband service buildout 
     milestones;
       (III) establish a maximum buildout timeframe of 4 years 
     beginning on the date on which funding is provided to a 
     funding recipient;
       (IV) establish periodic reporting requirements for funding 
     recipients that identify, at a minimum, the speed of, and 
     technology used for, the service provided in each area where 
     funding is provided;
       (V) establish standard penalties for noncompliance with the 
     requirements established under this clause and as may be 
     further prescribed by the Commission;
       (VI) establish procedures for recovery of funds, in whole 
     or in part, from funding recipients in the event of default 
     or noncompliance with the requirements established under this 
     clause and as may be further prescribed by the Commission; 
     and
       (VII) require a funding recipient to--

       (aa) offer voice service and broadband internet access 
     service; and
       (bb) permit a consumer to subscribe to one type of service 
     described in item (aa) or both types.
       (iii) Transparency and accountability for addressing 
     shortfalls in funding.--The Commission shall establish 
     transparency and accountability requirements for amounts made 
     available for the purpose set forth in subparagraph (A)(ii) 
     that, at a minimum--

       (I) establish periodic reporting and certification 
     requirements for funding recipients to ensure that the 
     funding results in the offering of voice service and 
     broadband internet access service at reasonably comparable 
     rates and performance levels;
       (II) establish standard penalties for noncompliance with 
     the requirements established under this clause and as may be 
     further prescribed by the Commission;
       (III) establish procedures for recovery of funds, in whole 
     or in part, from funding recipients in the event of default 
     or noncompliance with the requirements established under this 
     clause and as may be further prescribed by the Commission; 
     and
       (IV) require a funding recipient to--

       (aa) offer voice service and broadband internet access 
     service; and
       (bb) permit a consumer to subscribe to one type of service 
     described in item (aa) or both types.
       (6) Reports.--
       (A) Annual auction proceeds deployment report.--Not later 
     than 270 days after the date of enactment of this Act, and 
     not less frequently than annually thereafter until all 
     amounts have been distributed, the Commission shall publish 
     and submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     distribution of amounts made available under paragraph (4).
       (B) Auction-specific deposit reports.--Not later than 30 
     days after the date on which the Commission announces the 
     results of an auction described in subparagraph (H)(i) of 
     section 309(j)(8) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(8)), as added by subsection (b), the Commission 
     shall publish and submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that estimates the amount of net proceeds that will be 
     deposited in the Rural Broadband Assessment and Deployment 
     Fund under that subparagraph as a result of that auction.
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Rural Broadband Assessment and 
     Deployment Fund $42,450,000,000.
                                 ______
                                 
  SA 2217. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1287, strike line 22 and all that follows 
     through page 1288, line 3, and insert the following:
       ``(A) $13,434,000,000 for fiscal year 2022;
       ``(B) $13,719,000,000 for fiscal year 2023;
       ``(C) $14,079,000,000 for fiscal year 2024;
       ``(D) $14,374,000,000 for fiscal year 2025; and
       ``(E) $14,742,000,000 for fiscal year 2026.
       On page 1289, strike lines 3 through 11 and insert the 
     following:
       ``(D) $450,000,000 for fiscal year 2022, $463,500,000 for 
     fiscal year 2023, $477,405,000 for fiscal year 2024, 
     $491,727,150 for fiscal year 2025, and $506,478,965 for 
     fiscal year 2026 shall be available to provide financial 
     assistance for services for the enhanced mobility of seniors 
     and individuals with disabilities under section 5310;
        On page 1317, between lines 18 and 19, insert the 
     following:

     SEC. 30___. ACCESSIBLE TRANSPORTATION IMPROVEMENTS FOR 
                   INDIVIDUALS WITH DISABILITIES.

       (a) One-stop Paratransit Pilot Program.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall establish a one-
     stop paratransit pilot program.
       (2) Purpose.--The purpose of the pilot program under this 
     subsection is to develop or expand paratransit programs 
     carried out pursuant to the ADA to provide for 1 stop of at 
     least 15 minutes outside of the vehicle during a paratransit 
     trip to prevent long wait times between multiple trips that 
     unduly limit an individual's ability to complete essential 
     tasks.
       (3) Eligible entities.--
       (A) In general.--An entity eligible to participate in the 
     pilot program is a transit agency that agrees to track and 
     share information as the Secretary requires, including--
       (i) number of ADA paratransit trips conducted each year;
       (ii) requested time of each paratransit trip;
       (iii) scheduled time of each paratransit trip;
       (iv) actual pickup time for each paratransit trip;
       (v) average length of a stop in the middle of a ride as 
     allowed by this section;
       (vi) any complaints received by a paratransit rider;
       (vii) rider satisfaction with paratransit services; and
       (viii) after the completion of the pilot program, an 
     assessment by the eligible entity of its capacity to continue 
     a one-stop program independently.
       (B) Preference.--The Secretary shall give preference to 
     entities that--
       (i) have comparable data for the year prior to 
     implementation of the pilot program that can be used by the 
     Secretary and other organizations, such as nonprofit 
     organizations and advocacy organizations, for research 
     purposes; and
       (ii) plan to use agency personnel to implement the pilot 
     program.
       (4) Application.--To be eligible to participate in the 
     pilot program, an eligible entity shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require, 
     including information on--
       (A) locations the eligible entity intends to allow a stop 
     at, if stops are limited, including--
       (i) childcare or education facilities;
       (ii) pharmacies;
       (iii) grocery stores; and
       (iv) bank or ATM locations;
       (B) methodology for informing the public of the pilot 
     program;
       (C) vehicles, personnel, and other resources that will be 
     used to implement the pilot program; and
       (D) if the applicant does not intend the pilot program to 
     apply to the full area under the jurisdiction of the 
     applicant, a description of the geographic area in which the 
     applicant intends the pilot program to apply.
       (5) Selection.--The Secretary shall seek to achieve 
     diversity of participants in the pilot program by selecting a 
     range of eligible entities that includes at least 5 of each 
     of the following:
       (A) An eligible entity that serves an area with a 
     population of 200,000 people or fewer.
       (B) An eligible entity that serves an area with a 
     population of over 200,000 people.
       (C) An eligible entity that provides transportation for 
     rural communities.
       (6) Report.--Not later than 3 months after the conclusion 
     of the first 15 pilot projects carried out under this 
     subsection, the Secretary shall submit to Congress a report 
     on the results of the program, including the feasibility of 
     developing and implementing one-stop programs for all ADA 
     paratransit services.
       (7) Funding.--
       (A) Federal share.--The Federal share of the total cost of 
     a project carried out under this subsection may not exceed 80 
     percent.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $75,000,000 
     for each of fiscal years 2022 through 2026.
       (b) Pedestrian Facilities in the Public Right-of-way.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Architectural and Transportation 
     Barriers Compliance Board, pursuant to section 502(b)(3) of 
     the Rehabilitation Act of 1973 (29 U.S.C. 792(b)(3)), shall 
     publish final accessibility guidelines setting forth minimum 
     standards for pedestrian facilities in the public right-of-
     way, including shared use paths.
       (2) Adoption of regulations.--Not later than 180 days after 
     the establishment of the guidelines pursuant to paragraph 
     (1), the Secretary shall issue such regulations as are 
     necessary to adopt such guidelines.
       (c) Reporting Accessibility Complaints.--
       (1) In general.--The Secretary shall ensure that an 
     individual who believes that he

[[Page S5619]]

     or she or a specific class of individuals has been subjected 
     to discrimination on the basis of disability by a public 
     entity may, by himself or herself or by an authorized 
     representative, easily file a complaint with the Department. 
     Not later than 1 year after the date of enactment of this 
     Act, the Secretary shall implement procedures that allow an 
     individual to submit a complaint described in the previous 
     sentence by phone, by mail-in form, and online through the 
     website of the Office of Civil Rights of the Federal Transit 
     Administration.
       (2) Notice to individuals with disabilities.--Not later 
     than 18 months after the date of enactment of this Act, the 
     Secretary shall require that each public transit provider and 
     contractor providing paratransit services shall include on a 
     publicly available website of the service provider, any 
     related mobile device application, and online service--
       (A) the telephone number, or a comparable electronic means 
     of communication, for the disability assistance hotline of 
     the Office of Civil Rights of the Federal Transit 
     Administration;
       (B) notice that a consumer can file a disability-related 
     complaint with the Office of Civil Rights of the Federal 
     Transit Administration;
       (C) an active link to the website of the Office of Civil 
     Rights of the Federal Transit Administration for an 
     individual to file a disability-related complaint; and
       (D) notice that an individual can file a disability-related 
     complaint with the local transit agency and the process and 
     any timelines for filing such a complaint.
       (3) Investigation of complaints.--Not later than 60 days 
     after the last day of each fiscal year the Secretary shall 
     publish a report that lists the disposition of complaints 
     described in paragraph (1), including--
       (A) the number and type of complaints filed with 
     Department;
       (B) the number of complaints investigated by the 
     Department;
       (C) the result of the complaints that were investigated by 
     the Department including whether the complaint was resolved--
       (i) informally;
       (ii) by issuing a violation through a noncompliance Letter 
     of Findings; or
       (iii) by other means, which shall be described in detail; 
     and
       (D) if a violation was issued for a complaint, whether the 
     Department resolved the noncompliance by--
       (i) reaching a voluntary compliance agreement with the 
     entity;
       (ii) referring the matter to the Attorney General; or
       (iii) by other means, which shall be described in detail.
       (4) Report.--Upon implementation of this subsection, the 
     Secretary shall, to the extent practicable, issue a report 
     composed of the information collected under this subsection 
     for the preceding 5 years.
       (d) Accessibility Data Pilot Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish an 
     accessibility data pilot program.
       (2) Purpose.--In carrying out the pilot program, the 
     Secretary shall develop or procure an accessibility data set 
     and make that data set available to each eligible entity 
     selected to participate in the pilot program to improve the 
     transportation planning of such eligible entities by--
       (A) measuring the level of access by multiple 
     transportation modes, including transportation network 
     companies, to important destinations, which may include--
       (i) jobs, including areas with a concentration of available 
     jobs;
       (ii) health care facilities;
       (iii) child care services;
       (iv) educational and workforce training facilities;
       (v) affordable housing;
       (vi) food sources; and
       (vii) connections between modes, including connections to--

       (I) high-quality transit or rail service;
       (II) safe bicycling corridors; and
       (III) safe sidewalks that achieve compliance with 
     applicable requirements of the ADA;

       (B) disaggregating the level of access by multiple 
     transportation modes by a variety of population categories, 
     which shall include--
       (i) low-income populations;
       (ii) minority populations;
       (iii) age;
       (iv) disability such as sensory, cognitive, and physical, 
     including wheelchair users; and
       (v) geographical location; and
       (C) assessing the change in accessibility that would result 
     from new transportation investments.
       (3) Eligible entities.--An entity eligible to participate 
     in the pilot program is--
       (A) a State;
       (B) a metropolitan planning organization; or
       (C) a rural transportation planning organization.
       (4) Application.--To be eligible to participate in the 
     pilot program, an entity shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including 
     information relating to--
       (A) previous experience of the eligible entity measuring 
     transportation access or other performance management 
     experience;
       (B) the types of important destinations to which the 
     eligible entity intends to measure access;
       (C) the types of data disaggregation the eligible entity 
     intends to pursue;
       (D) a general description of the methodology the eligible 
     entity intends to apply; and
       (E) if the applicant does not intend the pilot program to 
     apply to the full area under the jurisdiction of the 
     applicant, a description of the geographic area in which the 
     applicant intends the pilot program to apply.
       (5) Selection.--
       (A) In general.--The Secretary shall seek to achieve 
     diversity of participants in the pilot program by selecting a 
     range of eligible entities that shall include--
       (i) States;
       (ii) metropolitan planning organizations that serve an area 
     with a population of 200,000 people or fewer;
       (iii) metropolitan planning organizations that serve an 
     area with a population of over 200,000 people; and
       (iv) rural transportation planning organizations.
       (B) Inclusions.--The Secretary shall seek to ensure that, 
     among the eligible entities selected under subparagraph (A) 
     program participants represent--
       (i) a range of capacity and previous experience with 
     measuring transportation access; and
       (ii) a variety of proposed methodologies and focus areas 
     for measuring level of access.
       (6) Duties.--For each eligible entity participating in the 
     pilot program, the Secretary shall--
       (A) develop or acquire an accessibility data set described 
     in paragraph (2); and
       (B) submit the data set to the eligible entity.
       (7) Methodology.--In calculating the measures for the data 
     set under the pilot program, the Secretary shall ensure that 
     methodology is open source.
       (8) Availability.--The Secretary shall make an 
     accessibility data set under the pilot program available to--
       (A) units of local government within the jurisdiction of 
     the eligible entity participating in the pilot program; and
       (B) researchers.
       (9) Report.--Not later than 120 days after the last date on 
     which the Secretary submits data sets to the eligible entity 
     under paragraph (6), the Secretary shall submit to Congress a 
     report on the results of the program, including the 
     feasibility of developing and providing periodic 
     accessibility data sets for all States, regions, and 
     localities.
       (10) Funding.--The Secretary shall carry out the pilot 
     program using amounts made available to the Secretary for 
     administrative expenses to carry out programs under the 
     authority of the Secretary.
       (11) Sunset.--The pilot program shall terminate on the date 
     that is 8 years after the date on which the pilot program is 
     implemented.
       (e) Definitions.--In this section:
       (1) ADA.--The term ``ADA'' means the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (2) Department.--The term ``Department'' means the 
     Department of Transportation.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (4) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.
       (5) Transportation network company.--The term 
     ``transportation network company''--
       (A) means a corporation, partnership, sole proprietorship, 
     or other entity, that uses an online-enabled application or 
     digital network to connect riders to drivers affiliated with 
     the entity in order for the driver to transport the rider 
     using a vehicle owned, leased, or otherwise authorized for 
     use by the driver to a point chosen by the rider; and
       (B) does not include a shared-expense carpool or vanpool 
     arrangement that is not intended to generate profit for the 
     driver.
                                 ______
                                 
  SA 2218. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. DISCLOSURE BY PROFESSIONAL PERSONS SEEKING 
                   APPROVAL OF COMPENSATION UNDER SECTION 316 OR 
                   317 OF PROMESA.

       (a) Required Disclosure.--
       (1) In general.--In a voluntary case commenced under 
     section 304 of PROMESA (48 U.S.C. 2164), no attorney, 
     accountant, appraiser, auctioneer, agent, consultant, or 
     other professional person may be compensated under section 
     316 or 317 of that Act (48 U.S.C. 2176, 2177) unless prior to 
     making a request for compensation, the professional person 
     has submitted a verified statement conforming to the 
     disclosure requirements of rule 2014(a) of the Federal Rules 
     of Bankruptcy Procedure setting forth the connection of the 
     professional person with--

[[Page S5620]]

       (A) the debtor;
       (B) any creditor;
       (C) any other party in interest, including any attorney or 
     accountant;
       (D) the Financial Oversight and Management Board 
     established in accordance with section 101 of PROMESA (48 
     U.S.C. 2121); and
       (E) any person employed by the Oversight Board described in 
     subparagraph (D).
       (2) Other requirements.--A professional person that submits 
     a statement under paragraph (1) shall--
       (A) supplement the statement with any additional relevant 
     information that becomes known to the person; and
       (B) file annually a notice confirming the accuracy of the 
     statement.
       (b) Review.--
       (1) In general.--The United States Trustee shall review 
     each verified statement submitted pursuant to subsection (a) 
     and may file with the court comments on such verified 
     statements before the professionals filing such statements 
     seek compensation under section 316 or 317 of PROMESA (48 
     U.S.C. 2176, 2177).
       (2) Objection.--The United States Trustee may object to 
     compensation applications filed under section 316 or 317 of 
     PROMESA (48 U.S.C. 2176, 2177) that fail to satisfy the 
     requirements of subsection (e).
       (3) Right to be heard.--Each person described in section 
     1109 of title 11, United States Code, may appear and be heard 
     on any issue in a case under this section.
       (c) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction of all cases under this section.
       (d) Retroactivity.--
       (1) In general.--If a court has entered an order approving 
     compensation under a case commenced under section 304 of 
     PROMESA (48 U.S.C. 2164), each professional person subject to 
     the order shall file a verified statement in accordance with 
     subsection (a) not later than 60 days after the date of 
     enactment of this Act.
       (2) No delay.--A court may not delay any proceeding in 
     connection with a case commenced under section 304 of PROMESA 
     (48 U.S.C. 2164) pending the filing of a verified statement 
     under paragraph (1).
       (e) Limitation on Compensation.--
       (1) In general.--In a voluntary case commenced under 
     section 304 of PROMESA (48 U.S.C. 2164), in connection with 
     the review and approval of professional compensation under 
     section 316 or 317 of PROMESA (48 U.S.C. 2176, 2177), the 
     court may deny allowance of compensation for services and 
     reimbursement of expenses, accruing after the date of the 
     enactment of this Act of a professional person if the 
     professional person--
       (A) has failed to file statements of connections required 
     by subsection (a) or has filed inadequate statements of 
     connections;
       (B) except as provided in paragraph (3), is on or after the 
     date of enactment of this Act not a disinterested person, as 
     defined in section 101 of title 11, United States Code; or
       (C) except as provided in paragraph (3), represents, or 
     holds an interest adverse to, the interest of the estate with 
     respect to the matter on which such professional person is 
     employed.
       (2) Considerations.--In making a determination under 
     paragraph (1), the court may take into consideration whether 
     the services and expenses are in the best interests of 
     creditors and the estate.
       (3) Committee professional standards.--An attorney or 
     accountant described in section 1103(b) of title 11, United 
     States Code, shall be deemed to have violated paragraph (1) 
     if the attorney or accountant violates section 1103(b) of 
     title 11, United States Code.
                                 ______
                                 
  SA 2219. Mr. MENENDEZ (for himself, Mr. Kennedy and Mrs. Hyde-Smith) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CAP ON ANNUAL PREMIUM INCREASES.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) the term ``covered cost''--
       (A) means--
       (i) the amount of an annual premium with respect to any 
     policy for flood insurance under the National Flood Insurance 
     Program;
       (ii) any surcharge imposed with respect to a policy 
     described in clause (i) (other than a surcharge imposed under 
     section 1304(b) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4011(b))), including a surcharge imposed under 
     section 1308A(a) of that Act (42 U.S.C. 4015a(a)); and
       (iii) a fee described in paragraph (1)(B)(iii) or (2) of 
     section 1307(a) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4014(a)); and
       (B) does not include any cost associated with the purchase 
     of insurance under section 1304(b) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4011(b)), including any 
     surcharge that relates to insurance purchased under such 
     section 1304(b).
       (b) Limitation on Increases.--
       (1) Limitation.--
       (A) In general.--During the 5-year period beginning on the 
     date of enactment of this Act, notwithstanding section 
     1308(e) of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4015(e)), and subject to subparagraph (B), the 
     Administrator may not, in any year, increase the amount of 
     any covered cost by an amount that is more than 9 percent, as 
     compared with the amount of the covered cost during the 
     previous year, except where the increase in the covered cost 
     relates to an exception under paragraph (1)(C)(iii) of such 
     section 1308(e).
       (B) Decrease of amount of deductible or increase in amount 
     of coverage.--In the case of a policyholder described in 
     section 1308(e)(1)(C)(ii) of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)), the Administrator 
     shall establish a process by which the Administrator 
     determines an increase in covered costs for the policyholder 
     that is--
       (i) proportional to the relative change in risk based on 
     the action taken by the policyholder; and
       (ii) in compliance with subparagraph (A).
       (2) New rating systems.--
       (A) Classification.--With respect to a property, the 
     limitation under paragraph (1) shall remain in effect for 
     each year until the covered costs with respect to the 
     property reflect full actuarial rates, without regard to 
     whether, at any time until the year in which those covered 
     costs reflect full actuarial rates, the property is rated or 
     classified under the Risk Rating 2.0 methodology (or any 
     substantially similar methodology).
       (B) New policyholder.--If a property to which the 
     limitation under paragraph (1) applies is sold before the 
     covered costs for the property reflect full actuarial rates 
     determined under the Risk Rating 2.0 methodology (or any 
     substantially similar methodology), that limitation shall 
     remain in effect for each year until the year in which those 
     full actuarial rates takes effect.
       (c) Rule of Construction.--Nothing in subsection (b) may be 
     construed as prohibiting the Administrator from reducing, in 
     any year, the amount of any covered cost, as compared with 
     the amount of the covered cost during the previous year.
       (d) Average Historical Loss Year.--Section 1308 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4015) is 
     amended by striking subsection (h) and inserting the 
     following:
       ``(h) Rule of Construction.--For purposes of this section, 
     the calculation of an `average historical loss year' shall be 
     computed in accordance with generally accepted actuarial 
     principles.''.
       (e) Disclosure With Respect to the Affordability 
     Standard.--Section 1308(j) of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4015(j)) is amended, in the second 
     sentence, by inserting ``and shall include in the report the 
     number of those exceptions as of the date on which the 
     Administrator submits the report and the location of each 
     policyholder insured under those exceptions, organized by 
     county and State'' after ``of the Senate''.

     SEC. ___. MEANS TESTED AFFORDABILITY VOUCHER.

       (a) In General.--Chapter I of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4011 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 1326. AFFORDABILITY ASSISTANCE.

       ``(a) Affordability Assistance Fund.--
       ``(1) Establishment.--The Administrator shall establish in 
     the Treasury of the United States an Affordability Assistance 
     Fund (referred to in this section as the `Fund'), which shall 
     be--
       ``(A) an account separate from any other accounts or funds 
     available to the Administrator; and
       ``(B) available without fiscal year limitation.
       ``(2) Use of funds.--Amounts from the Fund shall be 
     available to provide financial assistance under subsection 
     (b).
       ``(b) Financial Assistance.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `adjusted gross income' has the meaning 
     given the term in section 62 of the Internal Revenue Code of 
     1986;
       ``(B) the term `eligible household' means a household for 
     which--
       ``(i) housing expenses exceed 30 percent of the adjusted 
     gross income of the household in a year; and
       ``(ii)(I) the total assets owned by the household are in an 
     amount that is not greater than 220 percent of the median 
     household income for the State in which the household is 
     located; or
       ``(II) with respect to a household that has a total 
     household income that is not greater than 120 percent of the 
     area median income for the area in which the household is 
     located, the amount of premiums, surcharges, and fees for a 
     flood insurance policy provided under this title in a year 
     for the household exceeds 1 percent of the coverage limit of 
     that policy under section 1306(b); and
       ``(C) the term `housing expenses' means, with respect to a 
     household, the total amount that the household spends in a 
     year on--
       ``(i) mortgage payments;
       ``(ii) property taxes;
       ``(iii) homeowners insurance; and
       ``(iv) premiums for flood insurance under the national 
     flood insurance program.

[[Page S5621]]

       ``(2) Authority.--
       ``(A) Other financial assistance.--The Administrator shall 
     provide a voucher, grant, or premium credit to an eligible 
     household for a year in an amount that, subject to 
     subparagraph (B), is equal to the lesser of--
       ``(i) the difference between--

       ``(I) the housing expenses of the household for the year; 
     and
       ``(II) 30 percent of the adjusted gross income of the 
     household for the year; and

       ``(ii) the cost of premiums for the household for flood 
     insurance under the national flood insurance program for the 
     year.
       ``(B) Reduction.--The amount of the assistance provided 
     under subparagraph (A) to an eligible household shall be 
     reduced by 1 percent for each percent that the income of the 
     eligible household exceeds 120 percent of the median 
     household income for the State in which the property that is 
     the subject of the assistance is located.
       ``(3) Relationships with other agencies.--The Administrator 
     may enter into a memorandum of understanding with the head of 
     any other Federal agency to administer paragraph (2)(A).''.
       (b) Direct Appropriation.--Out of any money in the Treasury 
     not otherwise appropriated, there is appropriated to the 
     Affordability Assistance Fund established under section 1326 
     of the National Flood Insurance Act of 1968, as added by 
     subsection (a) of this section, $1,000,000,000 for each of 
     fiscal years 2022 through 2026 to provide financial 
     assistance under subsection (b) of such section 1326.

     SEC. __. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY 
                   PROGRAM.

       (a) Direct Appropriations.--Out of amounts in the Treasury 
     not otherwise appropriated, there is appropriated to the 
     ``Community Development Fund'', for necessary expenses 
     related to disaster relief, long-term recovery, and 
     restoration of infrastructure, housing, and economic 
     revitalization in areas in States for which the President 
     declared a major disaster under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act of 1974 
     (42 U.S.C. 5170 et seq.), $25,000,000,000 for fiscal year 
     2021, to remain available until expended, for activities 
     authorized under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.).
       (b) Formula.--Notwithstanding section 106 of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5306), 
     amounts appropriated under subsection (a) shall be allocated 
     to States as follows:
       (1) One-third shall be allocated to States based on the 
     dollar amount of claims in the State under the National Flood 
     Insurance Program established under the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4001 et seq.) during the 10-
     year period preceding the date of enactment of this Act.
       (2) One-third shall be allocated to States based on the 
     number of severe repetitive loss properties, as defined in 
     section 1307(h) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4014(h)), located in the State.
       (3) One-third shall be allocated to States based on the 
     amount of premium rate increases for properties located in 
     the State under the Risk Rating 2.0 methodology (or any 
     substantially similar methodology).

     SEC. ___. FORBEARANCE ON NFIP INTEREST PAYMENTS.

       (a) In General.--During the 5-year period beginning on the 
     date of enactment of this Act, the Secretary of the Treasury 
     may not charge the Administrator of the Federal Emergency 
     Management Agency (referred to in this section as the 
     ``Administrator'') interest on amounts borrowed by the 
     Administrator under section 1309(a) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4016(a)) that were 
     outstanding as of the date of enactment of this Act, 
     including amounts borrowed after the date of enactment of 
     this Act that refinance debts that existed before the date of 
     enactment of this Act.
       (b) Use of Saved Amounts.--There shall be deposited into 
     the National Flood Mitigation Fund an amount equal to the 
     interest that would have accrued on the borrowed amounts 
     during the 5-year period described in subsection (a) at the 
     time at which those interest payments would have otherwise 
     been paid, which, notwithstanding any provision of section 
     1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 
     4104d), the Administrator shall use to carry out the program 
     established under section 1366 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4104c).
       (c) No Retroactive Accrual.--After the 5-year period 
     described in subsection (a), the Secretary of the Treasury 
     shall not require the Administrator to repay any interest 
     that, but for that subsection, would have accrued on the 
     borrowed amounts described in that subsection during that 5-
     year period.
                                 ______
                                 
  SA 2220. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. STATE SMALL BUSINESS CREDIT INITIATIVE.

       The State Small Business Credit Initiative Act of 2010 (12 
     U.S.C. 5701 et seq.) is amended--
       (1) in section 3007(d) (12 U.S.C. 5706(d)), by striking 
     ``the first March 31 to occur after 5 complete 12-month 
     periods after the State is approved by the Secretary to be a 
     participating State'' and inserting ``March 31, 2032, except 
     that the Secretary may require the participating State to 
     continue to submit those reports in such form as the 
     Secretary, in the sole discretion of the Secretary, may 
     require, on a quarterly or annual basis, until the date that 
     is 10 years after the date on which the State fully expends 
     the Federal funding allocated to the participating State 
     under the Program''; and
       (2) in section 3009(c) (12 U.S.C. 5708(c)), by striking 
     ``at the end of the 7-year period beginning on the date of 
     the enactment of section 3003(d)'' and inserting ``on March 
     31, 2032, except that the Secretary may continue to require 
     and collect reports, as described in section 3007(d), and to 
     publish the results of those reports, until the date that is 
     90 days after the date on which the obligation of the last 
     participating State to submit those reports terminates''.
                                 ______
                                 
  SA 2221. Mr. VAN HOLLEN (for himself, Mr. Rounds, and Ms. Ernst) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND 
                   PROJECT SELECTION.

       (a) In General.--Section 602(c) of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(3) Payment and performance security.--
       ``(A) In general.--The Secretary shall ensure that the 
     design and construction of a project carried out with 
     assistance under the TIFIA program shall have appropriate 
     payment and performance security, regardless of whether the 
     obligor is a State, local government, agency or 
     instrumentality of a State or local government, public 
     authority, or private party.
       ``(B) Written determination.--If payment and performance 
     security is required to be furnished by applicable statute or 
     regulation, the Secretary may accept such payment and 
     performance security requirements applicable to the obligor 
     if the Secretary has made a written determination that the 
     Federal interest with respect to Federal funds and other 
     project risk related to design and construction is adequately 
     protected.
       ``(C) No determination or applicable requirements.--If a 
     determination under this paragraph has not been made or there 
     are no payment and performance security requirements 
     applicable to the obligor, the security under section 3131(b) 
     of title 40 shall be required.''.
       (b) Applicability.--The amendments made by this Act shall 
     apply with respect to any contract entered into on or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2222. Mr. VAN HOLLEN submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division G, insert the 
     following:

     SEC. ______. FEDERAL CAPITAL REVOLVING FUND.

       (a) Findings; Purpose.--
       (1) Findings.--Congress finds that--
       (A) sudden increases in funding for purchases of federally 
     owned capital assets are difficult to fit within funding 
     available under discretionary spending limits;
       (B) failure to recapitalize or replace Federal capital 
     assets on a regular schedule ultimately increases the cost to 
     taxpayers of delivering services;
       (C) in appendix J, entitled ``Principles of Budgeting for 
     Capital Asset Acquisitions'', of Circular A-11, the Office of 
     Management and Budget recommended combining assets in capital 
     acquisition accounts to accommodate spikes in funding capital 
     acquisitions;
       (D) in the document entitled ``Budgeting for Federal 
     Investment'' and dated April 15, 2021, the Congressional 
     Budget Office states that there is, ``a budgetary incentive 
     to opt for short-term leases even if they are more expensive 
     than long-term leases or purchases,'' and identifies a 
     Federal Capital Revolving Fund as a potential solution; and

[[Page S5622]]

       (E) the document of the Government Accountability Office 
     numbered GAO-14-239 found that budgeting for federally owned 
     capital assets could be improved by creating a Government-
     wide capital acquisition fund with upfront mandatory 
     funding--
       (i) to pay for projects estimated to exceed a certain 
     total-cost threshold; and
       (ii) to be repaid by annual discretionary funding provided 
     by agency subcommittee appropriators.
       (2) Purpose.--The purpose of this section is to improve the 
     means by which the Federal Government budgets for expensive, 
     federally owned, civilian facilities by--
       (A) establishing a mandatory revolving fund to pay the 
     upfront costs of acquiring those facilities in a manner that 
     ensures that the acquisition costs do not compete with 
     smaller purchases and operating expenses for funding under 
     applicable discretionary spending limits; and
       (B) requiring agencies to use discretionary appropriations 
     to replenish the revolving fund referred to in subparagraph 
     (A) over a several-year period as the agencies use the 
     facilities described in that subparagraph to meet Federal 
     mission needs.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) Agency.--
       (A) In general.--The term ``agency'' means any agency 
     included in a list under paragraph (1) or (2) of section 
     901(b) of title 31, United States Code.
       (B) Exclusion.--The term ``agency'' does not include the 
     Department of Defense.
       (3) Discretionary appropriations.--The term ``discretionary 
     appropriations'' has the meaning given that term in section 
     250(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900(c)).
       (4) Eligible agency project.--
       (A) In general.--The term ``eligible agency project'' means 
     an action by an agency--
       (i) to acquire (including any related activity relating to 
     siting, design, management and inspection, construction, or 
     commissioning, and including all costs associated with 
     temporary space and the acquisition of associated furniture, 
     fixtures, and equipment necessary to furnish the Federal 
     facility for initial occupancy) a facility for use by the 
     agency as a Federal facility, through--

       (I) purchase;
       (II) construction;
       (III) manufacture;
       (IV) lease-purchase;
       (V) installment purchase;
       (VI) outlease-leaseback;
       (VII) exchange; or
       (VIII) modernization by renovation;

       (ii) to pay to the Administrator an administrative fee for 
     each acquisition described in clause (i), in accordance with 
     subsection (d)(8); and
       (iii) the total cost of which is not less than 
     $250,000,000.
       (B) Exclusions.--The term ``eligible agency project'' does 
     not include--
       (i) an acquisition for resale in the ordinary course of 
     agency operations;
       (ii) the acquisition of any consumable good, such as 
     operating materials or supplies;
       (iii) an activity for normal maintenance or repair of real 
     property;
       (iv) the payment of any salary or other operating expense 
     of an agency;
       (v) the provision by an agency to any non-Federal 
     individual or entity of--

       (I) a grant;
       (II) a tax incentive; or
       (III) a Federal credit assistance instrument; or

       (vi) the execution of any capital lease pursuant to which 
     title does not automatically pass to the Federal Government.
       (5) Federal facility.--The term ``Federal facility'' means 
     a structure on real property--
       (A) that has a useful life of not less than 25 years, as 
     determined by the Administrator; and
       (B) within which 1 or more Federal employees or personnel 
     carry out, or are proposed to carry out, an agency mission.
       (6) Fund.--The term ``Fund'' means the Federal Capital 
     Revolving Fund established by subsection (c)(1).
       (7) GSA-affected agency.--The term ``GSA-affected agency'' 
     means an agency that acquires real property through the 
     General Services Administration pursuant to section 3307 of 
     title 40, United States Code.
       (8) Purchase transfer.--The term ``purchase transfer'' 
     means an amount that is--
       (A) approved by an appropriations Act to be transferred 
     from the Fund to a purchasing agency under subsection (d); 
     and
       (B) not less than the amount required under subsection 
     (d)(4).
       (9) Purchasing agency.--The term ``purchasing agency'' 
     means an agency that receives from the Fund a purchase 
     transfer to pay the cost of an eligible agency project.
       (c) Federal Capital Revolving Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Federal 
     Capital Revolving Fund'', consisting of the amounts deposited 
     under paragraph (2), to be administered by the Administrator.
       (2) Deposits.--The Secretary of the Treasury shall deposit 
     in the Fund--
       (A) as soon as practicable after the date of enactment of 
     this Act, out of any funds in the Treasury not otherwise 
     appropriated, $10,000,000,000 to capitalize the Fund; and
       (B) any amounts received from purchasing agencies through 
     repayments under subsection (e).
       (3) Availability.--Amounts in the Fund shall--
       (A) be used only for the purpose described in paragraph 
     (4)(A); and
       (B) remain available until expended.
       (4) Use of fund.--Amounts in the Fund--
       (A) shall be available only on approval of a purchase 
     transfer to a purchasing agency to pay the costs of an 
     eligible agency project, in accordance with this section; and
       (B) may not be transferred or reprogrammed for any purpose 
     other than the purpose specified in subparagraph (A).
       (d) Purchase Transfers.--
       (1) Definitions.--In this subsection:
       (A) Applicable committee of jurisdiction.--The term 
     ``applicable committee of jurisdiction'', with respect to an 
     unaffected agency, means--
       (i) the Committee on Appropriations of the Senate;
       (ii) the Committee on Appropriations of the House of 
     Representatives; and
       (iii) any other committee of the Senate or the House of 
     Representatives, the approval of which is required for the 
     unaffected agency to acquire real property.
       (B) Unaffected agency.--The term ``unaffected agency'' 
     means an agency that acquires real property pursuant to an 
     authority other than the General Services Administration.
       (2) Requests.--
       (A) GSA-affected agencies.--To be eligible to receive a 
     purchase transfer from the Fund, a GSA-affected agency shall 
     submit to the Administrator, the Committees on Appropriations 
     and Environment and Public Works of the Senate, and the 
     Committees on Appropriations and Transportation and 
     Infrastructure of the House of Representatives a request that 
     describes--
       (i) the eligible agency project proposed to be carried out 
     by the GSA-affected agency using the purchase transfer; and
       (ii) with respect to the eligible agency project described 
     in clause (i)--

       (I) each Federal facility proposed to be included;
       (II) an estimated total cost; and
       (III) a proposed schedule.

       (B) Unaffected agencies.--To be eligible to receive a 
     purchase transfer from the Fund, an unaffected agency shall 
     submit to each applicable committee of jurisdiction a request 
     that describes--
       (i) the eligible agency project proposed to be carried out 
     by the unaffected agency using the purchase transfer; and
       (ii) with respect to the eligible agency project described 
     in clause (i)--

       (I) each Federal facility proposed to be included;
       (II) an estimated total cost; and
       (III) a proposed schedule.

       (3) Approval.--
       (A) Notice for gsa-affected agencies.--On approval by the 
     Administrator of a request submitted by a GSA-affected agency 
     under paragraph (2)(A), the Administrator shall submit to 
     Congress a notice of the approval in accordance with 
     subsections (b) and (h) of section 3307 of title 40, United 
     States Code.
       (B) Congress.--On receipt of a request for a purchase 
     transfer from the Fund and the notice of approval by the 
     Administrator for GSA-affected agencies required under 
     subparagraph (A), Congress may enact legislation--
       (i) approving the applicable eligible agency project and 
     the purchase transfer, subject to--

       (I) for a request of a GSA-affected agency, subsections (c) 
     and (d) of section 3307 of title 40, United States Code; or
       (II) for a request of an unaffected agency, any applicable 
     laws (including regulations); and

       (ii) appropriating an amount equal to the first repayment 
     amount relating to the approved eligible agency project.
       (C) Administrator.--The Administrator may transfer amounts 
     in the Fund to an agency only if--
       (i) Congress has enacted legislation pursuant to 
     subparagraph (B)(i) approving--

       (I) the eligible agency project of the agency; and
       (II) the purchase transfer; and

       (ii) the agency has--

       (I) received appropriations pursuant to subsection (e)(5) 
     for the first repayment amount; and
       (II) made the first repayment to the Fund in accordance 
     with subsection (e).

       (D) Secretary of treasury.--The Secretary of the Treasury, 
     in consultation with the Director of the Office of Management 
     and Budget and the head of the applicable purchasing agency, 
     may establish within that purchasing agency new accounts for 
     the purpose of facilitating budgetary and financial reporting 
     of the transactions authorized by this section.
       (4) Amount.--The total amount of a purchase transfer shall 
     be not less than an amount equal to the sum of--
       (A) the full cost of the relevant eligible agency project, 
     which shall be not less than a useful segment of the 
     applicable Federal facility; and
       (B) the administrative fee required to be paid by the 
     relevant purchasing agency under paragraph (8), as determined 
     by the Administrator.
       (5) Availability.--

[[Page S5623]]

       (A) In general.--Subject to subparagraph (B), a purchase 
     transfer to a purchasing agency--
       (i) shall remain available until expended;
       (ii) shall be used solely to pay the costs of an eligible 
     agency project; and
       (iii) may not be transferred or reprogrammed for any other 
     purpose.
       (B) Return of unused amounts.--Any portion of a purchase 
     transfer that is not necessary to pay for the total cost of 
     an eligible agency project shall be returned to the Fund, as 
     follows:
       (i) Timing.--Any unobligated purchase transfer amounts 
     shall be returned to the Fund--

       (I) after the relevant eligible agency project is 
     substantially complete, as determined by the applicable 
     purchasing agency; and
       (II) by not later than 2 years after the date on which the 
     most recent outlay of funds from the purchase transfer by the 
     purchasing agency occurred.

       (ii) Upward adjustments.--If, after the return of unused 
     purchase transfer amounts under clause (i), there occurs an 
     upward adjustment to a previously incurred obligation for the 
     eligible agency project, the Fund shall provide to the 
     applicable purchasing agency an expenditure transfer for the 
     upward adjustment in an amount equal to the lower of--

       (I) the amount returned under clause (i); and
       (II) the amount of the upward adjustment to the previously 
     incurred obligation.

       (6) Limitations.--
       (A) Availability of amounts.--Notwithstanding any 
     appropriations Act making amounts available for a purchase 
     transfer under this subsection, if the amount made available 
     to the applicable purchasing agency for the first repayment 
     amount relating to the purchase transfer is less than the 
     amount required by subsection (e)(2) for the fiscal year, the 
     amount transferred from the Fund to the purchasing agency 
     shall be equal to the product obtained by multiplying--
       (i) that first repayment amount; and
       (ii) the number of years in the applicable repayment period 
     under subsection (e)(3).
       (B) Annual maximum.--The total amount appropriated for a 
     fiscal year for new purchase transfers under this subsection 
     shall be not more than an amount equal to the sum of--
       (i) $2,500,000,000; and
       (ii) the total amount, if any, by which the amounts 
     appropriated for purchase transfers during any preceding 
     fiscal years were less than the amount described in clause 
     (i).
       (C) Higher project costs.--If the amount appropriated from 
     the Fund for a purchase transfer under this subsection is 
     insufficient to pay the full costs of the eligible agency 
     project that is the subject of the purchase transfer, an 
     amount in excess of the appropriated amount may be 
     transferred from the Fund to the applicable purchasing agency 
     only if--
       (i) the additional transfer is approved in advance by an 
     appropriations Act; and
       (ii) the purchasing agency has--

       (I) received an appropriation of an additional amount for 
     the adjustment to the repayment amount under subsection 
     (e)(2)(B); and
       (II) repaid to the Fund that additional repayment amount.

       (D) Effect of subsection.--Nothing in this subsection 
     requires any unaffected agency to receive approval from the 
     Administrator, or to achieve compliance with section 3307 of 
     title 40, United States Code, before acquiring real property 
     pursuant to an existing authority of the unaffected agency 
     for purposes of this section.
       (7) Excess purchase transfer amounts.--In any fiscal year 
     during which the total amount of purchase transfers approved 
     to be appropriated from the Fund exceeds an amount equal to 
     the lesser of the amount available in the Fund and the annual 
     limitation described in paragraph (6)(B) for that fiscal 
     year--
       (A) each purchase transfer approved by an appropriations 
     Act for the fiscal year shall be reduced by a uniform 
     percentage, to be calculated by the Administrator in a manner 
     that ensures that the excess is eliminated; and
       (B) the Administrator may not transfer from the Fund an 
     amount equal to more than the reduced purchase transfer 
     amount calculated under subparagraph (A).
       (8) Administrative fee.--On receipt of a purchase transfer, 
     a purchasing agency shall pay to the Administrator from the 
     purchase transfer a 1-time administrative fee in an amount 
     equal to not less than 0.03 percent of the total cost of the 
     eligible agency project that is the subject of the purchase 
     transfer.
       (e) Repayments to Fund.--
       (1) Agreement required.--As a condition of receiving a 
     purchase transfer from the Fund, a purchasing agency shall 
     enter into a written agreement with the Administrator under 
     which the purchasing agency shall agree to make annual 
     repayments to the Fund in accordance with this subsection.
       (2) Amount.--
       (A) In general.--Subject to subparagraph (B), the amount of 
     an annual repayment to the Fund by a purchasing agency under 
     this subsection shall be an amount equal to the quotient 
     obtained by dividing--
       (i) the amount of the purchase transfer provided to the 
     purchasing agency; by
       (ii) the number of years in the repayment period, as 
     determined under paragraph (3).
       (B) Adjustment.--
       (i) In general.--In any case described in clause (ii), 
     after a purchasing agency repays to the Fund the applicable 
     repayment amount, the Administrator shall adjust the 
     repayment amount owed by the purchasing agency for each 
     fiscal year thereafter by such uniform amount as the 
     Administrator determines to be necessary to ensure that the 
     sum of all repayments (including any repayments already paid 
     to the Fund) by the purchasing agency is equal to the actual 
     cost of the eligible agency project of the purchasing agency.
       (ii) Description.--A case referred to in clause (i) is any 
     case in which--

       (I) the actual cost of the eligible agency project of the 
     purchasing agency is less than the purchase transfer to the 
     purchasing agency;
       (II)(aa) the actual cost of the eligible agency project of 
     the purchasing agency is greater than the purchase transfer 
     to the purchasing agency; and
       (bb) an additional purchase transfer in an amount equal to 
     the amount of the difference has been approved in advance in 
     an appropriations Act;
       (III) the total amount of repayments by the purchasing 
     agency exceeds the annual repayment amount described in 
     subparagraph (A); or
       (IV) the amount of the purchase transfer is reduced under 
     subsection (d)(7).

       (3) Repayment period.--The period over which a purchasing 
     agency shall repay to the Fund the amount described in 
     paragraph (2) shall be--
       (A) such period as may be agreed to by the purchasing 
     agency and the Administrator; but
       (B) not longer than 15 years, beginning in the fiscal year 
     for which the first repayment amount is appropriated to the 
     purchasing agency pursuant to paragraph (5)(A).
       (4) Frequency.--Repayments shall be made under this 
     subsection not less frequently than annually during the 
     period described in paragraph (3).
       (5) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     each purchasing agency such sums as are necessary for the 
     repayments owed by the purchasing agency to the Fund under 
     this subsection for each fiscal year during the period--
       (i) beginning in the first fiscal year during which amounts 
     are transferred from the Fund to the purchasing agency under 
     subsection (d)(3)(C); and
       (ii) ending on the last day of the repayment period 
     determined for the purchasing agency under paragraph (3).
       (B) Treatment.--The receipt by a purchasing agency of 
     amounts made available pursuant to subparagraph (A) for a 
     fiscal year shall be considered to be a legal obligation of 
     the purchasing agency during that fiscal year to make a 
     repayment to the Fund in accordance with this subsection.
       (f) Treatment of Eligible Agency Projects and Federal 
     Facilities.--
       (1) Disposition.--
       (A) In general.--Disposition of an eligible agency project 
     and any Federal facility that is the subject of an eligible 
     agency project shall be carried out in accordance with--
       (i) applicable laws (including regulations); and
       (ii) this paragraph.
       (B) Outstanding repayment obligations.--If the disposition 
     of an eligible agency project or Federal facility described 
     in subparagraph (A) occurs before the applicable purchasing 
     agency has completed the obligation of the purchasing agency 
     to make any repayment to the Fund under subsection (e), the 
     purchasing agency shall continue to make the required 
     repayments until the date on which the Fund is fully repaid, 
     subject to the availability of appropriations.
       (C) Use of proceeds.--
       (i) In general.--If the disposition of an eligible agency 
     project or Federal facility described in subparagraph (A) 
     results in the receipt of sale proceeds, those proceeds shall 
     be available--

       (I) initially, to the applicable purchasing agency to pay 
     any remaining unpaid repayments owed by the purchasing agency 
     to the Fund; and
       (II) thereafter, for the purpose of supporting authorized 
     real property activities (excluding operations and 
     maintenance)--

       (aa) to the applicable purchasing agency, in the case of a 
     purchasing agency that is an unaffected agency (as defined in 
     subsection (d)(1)); or
       (bb) to the Administrator, in the case of an asset held in 
     the inventory of the General Services Administration under 
     paragraph (3).
       (ii) Availability.--Any proceeds from a sale under clause 
     (i)--

       (I) shall be available until expended, without further 
     appropriation; and
       (II) may be deposited in any account of the applicable 
     purchasing agency or the General Services Administration, as 
     applicable, that is available for the purposes described in 
     subclauses (I) and (II) of clause (i).

       (2) Changes in need or condition.--A change in the mission 
     need of a purchasing agency for an eligible agency project or 
     Federal facility that is the subject of an eligible agency 
     project, and any change in the condition of such an eligible 
     agency project or Federal facility, shall not affect any 
     applicable repayment obligation relating to the eligible 
     agency project under subsection (e).
       (3) Holding in administration inventory.--
       (A) Definitions.--In this paragraph:

[[Page S5624]]

       (i) Administration.--The term ``Administration'' means the 
     General Services Administration.
       (ii) Covered property.--The term ``covered property'' means 
     any asset acquired through the Administration by a purchasing 
     agency using a purchase transfer.
       (B) Inclusion in inventory.--On acquisition by a GSA-
     affected agency of any covered property, the covered property 
     shall be--
       (i) placed in the inventory of the Administration; and
       (ii) considered to be under the custody and control of the 
     Administrator, subject to the requirements of this paragraph.
       (C) Payment to administrator.--
       (i) In general.--On receipt by a GSA-affected agency of 
     amounts pursuant to a purchase transfer for the acquisition 
     of any covered property, the GSA-affected agency--

       (I) except as provided in subclause (II), shall transfer 
     the purchase transfer amount to the Administrator for deposit 
     in the Federal Buildings Fund under section 592 of title 40, 
     United States Code; but
       (II) may retain such portion of the purchase transfer 
     amount as is necessary for acquisition by the GSA-affected 
     agency of associated furniture, fixtures, and equipment 
     necessary to furnish the Federal facility for initial 
     occupancy in accordance with clause (ii).

       (ii) Use.--The Administrator or a GSA-affected agency shall 
     use the amounts transferred under clause (i)(I) or retained 
     under clause (i)(II), respectively, only to pay the costs of 
     the eligible agency project associated with the covered 
     property.
       (iii) Prohibition on fees.--The Administrator may not 
     charge any fee for the execution of an eligible agency 
     project on covered property pursuant to clause (ii), other 
     than the 1-time administrative fee described in subsection 
     (d)(8).
       (D) Occupancy agreement.--The Administrator and the head of 
     the applicable GSA-affected agency shall enter into an 
     occupancy agreement with respect to any covered property 
     acquired by the GSA-affected agency that--
       (i) recognizes the investment of the GSA-affected agency in 
     the covered property and the associated eligible agency 
     project by providing for shell rent abatement, in accordance 
     with subparagraph (E); and
       (ii) establishes that the purchasing agency shall continue 
     to be responsible for making annual repayments to the Fund in 
     accordance with subsection (e) with respect to the covered 
     property.
       (E) Shell rent abatement.--The shell rent abatement 
     provisions under subparagraph (D)(i) relating to an occupancy 
     agreement with respect to covered property shall include 
     requirements that rental payments shall--
       (i) be made by the GSA-affected agency to the 
     Administration immediately on occupancy of the covered 
     property by the GSA-affected agency;
       (ii) for the 5-year period beginning on the initial date of 
     occupancy of the covered property by the GSA-affected agency, 
     be in an amount equal to the operating costs during the 
     rental payment period of the GSA-affected agency relating to 
     the covered property; and
       (iii) effective during the period beginning on the date 
     immediately after the period described in clause (ii) and 
     ending on the date that is 25 years after the initial date of 
     occupancy of the covered property by the GSA-affected agency, 
     be in an amount equal to the sum of--

       (I) the operating costs during the rental payment period of 
     the GSA-affected agency relating to the covered property; and
       (II) such reduced shell rental rate as the GSA-affected 
     agency and the Administrator may negotiate, subject to the 
     requirement that the cumulative difference between the 
     appraised market rent rate of the covered property and the 
     reduced shell rental rate shall be equal to not more than the 
     amount of the applicable purchase transfer.

       (g) Budget Enforcement.--For purposes of budget enforcement 
     under the Congressional Budget and Impoundment Control Act of 
     1974 (2 U.S.C. 621 et seq.), the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), 
     and the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et 
     seq.) relating to this section, the following shall apply:
       (1) Direct spending.--Any provision in an appropriations 
     Act approving a purchase transfer from the Fund to a 
     purchasing agency, and collection by the Fund of repayments 
     from the purchasing agency--
       (A) shall be classified as direct spending (as defined in 
     section 250(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900(c))); and
       (B) shall not be included in the estimates under section 
     251(a)(7) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(7)) or considered 
     budgetary effects for the purposes of section 3(4) of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(4)).
       (2) Discretionary appropriations.--A provision providing 
     appropriations to a purchasing agency for annual repayments 
     to the Fund shall be--
       (A) classified as discretionary appropriations; and
       (B) scored in the fiscal year for which such appropriations 
     are made available by an appropriations Act.
       (3) Changes to fund balance.--
       (A) Definition.--In this paragraph, the term ``provision 
     changing the Fund balance'' means a provision in an 
     appropriations Act that--
       (i) rescinds or precludes from obligation balances in the 
     Fund;
       (ii) rescinds or precludes from obligation balances of 
     approved purchase transfers; or
       (iii) reduces the annual limitation on total purchase 
     transfers under subsection (d)(6)(B).
       (B) Effects.--A provision changing the Fund balance--
       (i) shall be considered budgetary effects for purposes of 
     the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et 
     seq.), and such budgetary effects shall be placed on the 
     scorecards maintained pursuant to section 4(d) of that Act (2 
     U.S.C. 933(d)) and the scorecards maintained for purposes of 
     section 4106 of H. Con. Res. 71 (115th Congress); and
       (ii) shall not be included in the estimates under section 
     251(a)(7) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(7)).
       (4) Failure to appropriate repayments.--
       (A) Definition.--In this paragraph, the term ``failure to 
     appropriate a repayment'' means that--
       (i) an appropriations Act for a fiscal year provides a 
     first repayment amount for an eligible agency project; and
       (ii) for a subsequent fiscal year during the repayment 
     period, such appropriations Act does not provide an 
     appropriation for the repayment amount required for that 
     fiscal year.
       (B) Effects.--If there is a failure to appropriate a 
     repayment, an amount equal to the required repayment for the 
     applicable fiscal year, calculated pursuant to subsection 
     (e)(2), shall be included in the estimates under section 
     251(a)(7) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(7)).
       (5) Transfers and reprogramming.--
       (A) Definition.--In this paragraph, the term ``transfer or 
     reprogramming provision'' means a provision in an 
     appropriations Act that, notwithstanding clauses (ii) and 
     (iii) of subsection (d)(5)(A), authorizes or requires--
       (i) a transfer of amounts in the Fund for any purpose other 
     than to cover the costs of eligible agency projects; or
       (ii) a purchasing agency to transfer or reprogram a 
     purchase transfer for a purpose other than paying the costs 
     of an eligible agency project.
       (B) Effects.--The amount transferred or reprogrammed under 
     a transfer or reprogramming provision shall be included in 
     the estimates of discretionary appropriations under section 
     251(a)(7) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(a)(7)).
       (h) Sequestration.--Section 255(g)(1)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     905(g)(1)(A)) is amended by inserting after the item relating 
     to Farm Credit System Insurance Corporation, Farm Credit 
     Insurance Fund the following:
       ``Federal Capital Revolving Fund (47-4614-0-4-804).''.
       (i) Administrative Provisions.--
       (1) Treatment as expenditure transfers.--The following 
     shall be considered to be, and shall be recorded as, 
     expenditure transfers:
       (A) Each purchase transfer.
       (B) Each payment of an administrative fee under subsection 
     (d)(8).
       (C) Each transfer of repayment amounts to the Fund under 
     subsection (e).
       (2) Effect of section.--Nothing in this section--
       (A) provides any new real property landholding or land 
     managing authority to a purchasing agency;
       (B) otherwise affects any existing real property 
     landholding or land managing authority of an agency, as in 
     effect on the date of enactment of this Act; or
       (C) permits the President, the Administrator, or the head 
     of any other agency to transfer, reprogram, or otherwise use 
     any amounts in the Fund absent specific language enacted by 
     Congress authorizing such an action.
                                 ______
                                 
  SA 2223. Mr. KING submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in subtitle E of title III of 
     division D, insert the following:

     SEC. 403__. JUDICIAL REVIEW OF LEASING ACTIONS ON THE OUTER 
                   CONTINENTAL SHELF.

       Section 23(c)(2) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1349(c)(2)) is amended by inserting ``or any final 
     plan issued pursuant to section 8(p)(1)(C)'' before ``shall 
     be subject''.
                                 ______
                                 
  SA 2224. Mr. KING submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner,

[[Page S5625]]

and Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII of division D, add the following:

     SEC. 408____. FOREST INVENTORY AND ANALYSIS PROGRAM BLUE 
                   RIBBON PANEL.

       Section 3 of the Forest and Rangeland Renewable Resources 
     Research Act of 1978 (16 U.S.C. 1642) is amended by adding at 
     the end the following:
       ``(f) Forest Inventory and Analysis Program Blue Ribbon 
     Panel.--
       ``(1) In general.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary, in consultation 
     with the National Association of State Foresters, shall 
     convene a blue ribbon panel (referred to in this subsection 
     as the `Panel') to review the forest inventory and analysis 
     program established under this section.
       ``(2) Composition.--The Panel shall be composed of not 
     fewer than 20, and not more than 30, members, including 1 or 
     more of each of the following:
       ``(A) State foresters.
       ``(B) Representatives from the Environmental Protection 
     Agency.
       ``(C) Representatives from the Department of the Interior.
       ``(D) Academic experts in forest health, management, and 
     economics.
       ``(E) Forest industry representatives throughout the supply 
     chain, including representatives of large forest landowners 
     and small forest landowners.
       ``(F) Representatives from environmental groups.
       ``(G) Representatives from regional greenhouse gas trading 
     organizations.
       ``(H) Experts in carbon accounting and carbon offset 
     markets.
       ``(3) Duties.--
       ``(A) Review.--The Panel shall conduct a review of the past 
     progress, current priorities, and future needs of the forest 
     inventory and analysis program with respect to forest carbon, 
     climate change, forest health, and sustainable wood products.
       ``(B) Report.--Not later than March 31, 2022, the Panel 
     shall submit to the Secretary, the Secretary of the Interior, 
     and Congress a report describing the review conducted under 
     subparagraph (A).
       ``(4) Administrative matters.--
       ``(A) Chairperson and vice chairperson.--The Panel shall 
     select a Chairperson and Vice Chairperson from among the 
     nongovernmental members of the Panel.
       ``(B) Committees.--The Panel may establish 1 or more 
     committees within the Panel as the Panel determines to be 
     appropriate.
       ``(C) Compensation.--A member of the Panel shall serve 
     without compensation.
       ``(D) Administrative support.--The Secretary shall provide 
     such administrative support as is necessary for the Panel to 
     carry out its duties.
       ``(E) Federal advisory committee act.--The Panel shall be 
     exempt from the Federal Advisory Committee Act (5 U.S.C. 
     App.).''.
                                 ______
                                 
  SA 2225. Mr. BRAUN submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        In division I, strike section 90006 and insert the 
     following:

     SEC. 90006. REQUIREMENTS FOR PRESCRIPTION DRUG BENEFITS.

       (a) Removal of Safe Harbor Protection for Rebates Involving 
     Prescription Drugs and Establishment of New Safe Harbor 
     Protections Involving Prescription Drugs.--
       (1) Removal of safe harbor protection for rebates involving 
     prescription drugs.--Section 1128B(b) of the Social Security 
     Act (42 U.S.C. 1320a-7b(b)) is amended--
       (A) in paragraph (3)(A), by striking ``a discount'' and 
     inserting ``subject to paragraph (5), a discount''; and
       (B) by adding at the end the following:
       ``(5) Removal of safe harbor protection for rebates 
     involving prescription drugs.--The safe harbor described in 
     paragraph (3)(A) shall not apply to a reduction in price or 
     other remuneration from a manufacturer of prescription drugs 
     to a sponsor of a prescription drug plan under part D of 
     title XVIII, an MA organization offering an MA-PD plan under 
     part C of such title, or a pharmacy benefit manager under 
     contract with such a sponsor or such an organization and, 
     except as provided in subparagraphs (L) and (M) of paragraph 
     (3), paragraphs (1) and (2) shall apply to any such reduction 
     in price or other remuneration.''.
       (2) Establishment of new safe harbor protections involving 
     prescription drugs .--Section 1128B(b)(3) of the Social 
     Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
       (A) in subparagraph (J), by striking ``and'' at the end;
       (B) in subparagraph (K), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(L) a reduction in price offered by a manufacturer of 
     prescription drugs to a sponsor of a prescription drug plan 
     under part D of title XVIII, an MA organization offering an 
     MA-PD plan under part C of such title, or a pharmacy benefit 
     manager under contract with such a sponsor or such an 
     organization, that is reflected at the point of sale to the 
     individual and meets such other conditions as the Secretary 
     may establish; and
       ``(M) flat fee service fees a manufacturer of prescription 
     drugs pays to a pharmacy benefit manager for services 
     rendered to the manufacturer that relate to arrangements by 
     the pharmacy benefit manager to provide pharmacy benefit 
     management services to a health plan, if certain conditions 
     established by the Secretary are met, including requirements 
     that the fees are transparent to the health plan.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2023.
       (b) Requirements for Private Insurance Plans.--
       (1) In general.--Part D of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg-111 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2799A-11. REQUIREMENTS WITH RESPECT TO PRESCRIPTION 
                   DRUG BENEFITS.

       ``(a) In General.--A group health plan or a health 
     insurance issuer offering group or individual health 
     insurance coverage shall not, and shall ensure that any 
     entity that provides pharmacy benefits management services 
     under a contract with any such health plan or health 
     insurance coverage does not, receive from a drug manufacturer 
     a reduction in price or other remuneration with respect to 
     any prescription drug received by an enrollee in the plan or 
     coverage and covered by the plan or coverage, unless--
       ``(1) any such reduction in price is reflected at the point 
     of sale to the enrollee and meets such other conditions as 
     the Secretary may establish; and
       ``(2) any such other remuneration is a flat fee-based 
     service fee that a manufacturer of prescription drugs pays to 
     an entity that provides pharmacy benefits management services 
     for services rendered to the manufacturer that relate to 
     arrangements by the pharmacy benefit manager to provide 
     pharmacy benefit management services to a health plan or 
     health insurance issuer, if certain conditions established by 
     the Secretary are met, including requirements that the fees 
     are transparent to the health plan or health insurance 
     issuer.
       ``(b) Entity That Provides Pharmacy Benefits Management 
     Services.--For purposes of this section, the term `entity 
     that provides pharmacy benefits management services' means--
       ``(1) any person, business, or other entity that, pursuant 
     to a written agreement with a group health plan or a health 
     insurance issuer offering group or individual health 
     insurance coverage, directly or through an intermediary--
       ``(A) acts as a price negotiator on behalf of the plan or 
     coverage; or
       ``(B) manages the prescription drug benefits provided by 
     the plan or coverage, which may include the processing and 
     payment of claims for prescription drugs, the performance of 
     drug utilization review, the processing of drug prior 
     authorization requests, the adjudication of appeals or 
     grievances related to the prescription drug benefit, 
     contracting with network pharmacies, controlling the cost of 
     covered prescription drugs, or the provision of related 
     services; or
       ``(2) any entity that is owned, affiliated, or related 
     under a common ownership structure with a person, business, 
     or entity described in paragraph (1).''.
       (2) ERISA.--
       (A) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 726. REQUIREMENTS WITH RESPECT TO PRESCRIPTION DRUG 
                   BENEFITS.

       ``(a) In General.--A group health plan or a health 
     insurance issuer offering group health insurance coverage 
     shall not, and shall ensure that any entity that provides 
     pharmacy benefits management services under a contract with 
     any such health plan or health insurance coverage does not, 
     receive from a drug manufacturer a reduction in price or 
     other remuneration with respect to any prescription drug 
     received by an enrollee in the plan or coverage and covered 
     by the plan or coverage, unless--
       ``(1) any such reduction in price is reflected at the point 
     of sale to the enrollee and meets such other conditions as 
     the Secretary may establish; and
       ``(2) any such other remuneration is a flat fee-based 
     service fee that a manufacturer of prescription drugs pays to 
     an entity that provides pharmacy benefits management services 
     for services rendered to the manufacturer that relate to 
     arrangements by the pharmacy benefit manager to provide 
     pharmacy benefit management services to a health plan or 
     health insurance issuer, if certain conditions established by 
     the Secretary are met, including requirements that the fees 
     are transparent to the health plan or health insurance 
     issuer.
       ``(b) Entity That Provides Pharmacy Benefits Management 
     Services.--For purposes of this section, the term `entity 
     that provides pharmacy benefits management services' means--

[[Page S5626]]

       ``(1) any person, business, or other entity that, pursuant 
     to a written agreement with a group health plan or a health 
     insurance issuer offering group health insurance coverage, 
     directly or through an intermediary--
       ``(A) acts as a price negotiator on behalf of the plan or 
     coverage; or
       ``(B) manages the prescription drug benefits provided by 
     the plan or coverage, which may include the processing and 
     payment of claims for prescription drugs, the performance of 
     drug utilization review, the processing of drug prior 
     authorization requests, the adjudication of appeals or 
     grievances related to the prescription drug benefit, 
     contracting with network pharmacies, controlling the cost of 
     covered prescription drugs, or the provision of related 
     services; or
       ``(2) any entity that is owned, affiliated, or related 
     under a common ownership structure with a person, business, 
     or entity described in paragraph (1).''.
       (B) Clerical amendment.--The table of contents of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     inserting after the item relating to section 725 the 
     following:

``Sec. 725. Requirements with respect to prescription drug benefits.''.
       (3) IRC.--
       (A) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:

     ``SEC. 9826. REQUIREMENTS WITH RESPECT TO PRESCRIPTION DRUG 
                   BENEFITS.

       ``(a) In General.--A group health plan shall not, and shall 
     ensure that any entity that provides pharmacy benefits 
     management services under a contract with any such health 
     plan does not, receive from a drug manufacturer a reduction 
     in price or other remuneration with respect to any 
     prescription drug received by an enrollee in the plan and 
     covered by the plan, unless--
       ``(1) any such reduction in price is reflected at the point 
     of sale to the enrollee and meets such other conditions as 
     the Secretary may establish; and
       ``(2) any such other remuneration is a flat fee-based 
     service fee that a manufacturer of prescription drugs pays to 
     an entity that provides pharmacy benefits management services 
     for services rendered to the manufacturer that relate to 
     arrangements by the pharmacy benefit manager to provide 
     pharmacy benefit management services to a health plan, if 
     certain conditions established by the Secretary are met, 
     including requirements that the fees are transparent to the 
     health plan.
       ``(b) Entity That Provides Pharmacy Benefits Management 
     Services.--For purposes of this section, the term `entity 
     that provides pharmacy benefits management services' means--
       ``(1) any person, business, or other entity that, pursuant 
     to a written agreement with a group health plan, directly or 
     through an intermediary--
       ``(A) acts as a price negotiator on behalf of the plan; or
       ``(B) manages the prescription drug benefits provided by 
     the plan, which may include the processing and payment of 
     claims for prescription drugs, the performance of drug 
     utilization review, the processing of drug prior 
     authorization requests, the adjudication of appeals or 
     grievances related to the prescription drug benefit, 
     contracting with network pharmacies, controlling the cost of 
     covered prescription drugs, or the provision of related 
     services; or
       ``(2) any entity that is owned, affiliated, or related 
     under a common ownership structure with a person, business, 
     or entity described in paragraph (1).''.
       (B) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following:

``Sec. 9816. Requirements with respect to prescription drug 
              benefits.''.
       (4) Effective date.--The amendments made by paragraphs (1), 
     (2), and (3) shall take effect on January 1, 2023.
                                 ______
                                 
  SA 2226. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 2639, strike line 6 and all that follows 
     through page 2642, line 16, and insert the following:
       (1) $27,500,000,000 shall be for a bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program, Provided further, That, except as otherwise provided 
     under this paragraph, the funds made available under this 
     paragraph shall be administered as if apportioned under 
     chapter 1 of title 23, United States Code: Provided further, 
     That a project funded with funds made available under this 
     paragraph shall be treated as a project on a Federal-aid 
     highway: Provided further, That, of the funds made available 
     under this paragraph for a fiscal year, 3 percent shall be 
     set aside to carry out section 202(d) of title 23, United 
     States Code: Provided further, That funds set aside under the 
     preceding proviso to carry out section 202(d) of that title 
     shall be in addition to funds otherwise made available to 
     carry out that section and shall be administered as if made 
     available under that section: Provided further, That for 
     funds set aside under this paragraph to carry out section 
     202(d) of title 23, United States Code, the Federal share of 
     the costs shall be 100 percent: Provided further, That up to 
     \1/2\ of 1 percent of the amounts made available under this 
     paragraph in each fiscal year shall be for the administration 
     and operations of the Federal Highway Administration: 
     Provided further, That for the purposes of funds made 
     available under this heading for a bridge replacement and 
     rehabilitation program, (A) the term ``State'' means any of 
     the 50 States or the District of Columbia; and (B) the term 
     ``qualifying State'' means any State in which the percentage 
     of total deck area of bridges classified as in poor condition 
     in such State is at least 5 percent or in which the 
     percentage of total bridges classified as in poor condition 
     in such State is at least 5 percent: Provided further, That, 
     of the funds made available under this heading for a bridge 
     replacement and rehabilitation program, the Secretary shall 
     reserve $300,000,000 for each State that does not meet the 
     definition of a qualifying State: Provided further, That, 
     after making the reservations under the preceding proviso, 
     the Secretary shall distribute the remaining funds made 
     available under this heading for a bridge replacement and 
     rehabilitation program to each qualifying State by the 
     proportion that the percentage of total deck area of bridges 
     classified as in poor condition in such qualifying State 
     bears to the sum of the percentages of total deck area of 
     bridges classified as in poor condition in all qualifying 
     States: Provided further, That for the bridge replacement and 
     rehabilitation program, no qualifying State shall receive 
     more than $1,500,000,000, each State shall receive an amount 
     not less than $300,000,000, and after calculating the 
     distribution of funds pursuant to the preceding proviso, any 
     amount in excess of $1,500,000,000 shall be redistributed 
     equally among each State that does not meet the definition of 
     a qualifying State: Provided further, That funds provided to 
     States that do not meet the definition of a qualifying State 
     for the bridge replacement and rehabilitation program shall 
     be (A) merged with amounts made available to such State under 
     this paragraph; (B) available for activities eligible under 
     this paragraph; and (C) administered as if apportioned under 
     chapter 1 of title 23, United States Code: Provided further, 
     That, except as provided in the preceding proviso, the funds 
     made available under this heading for a bridge replacement 
     and rehabilitation program shall be used for highway bridge 
     replacement or rehabilitation projects on public roads: 
     Provided further, That for purposes of this heading for the 
     bridge replacement and rehabilitation program, the Secretary 
     shall calculate the percentages of total deck area of bridges 
     (including the percentages of total deck area classified as 
     in poor and the percentages of total bridge counts (including 
     the percentages of total bridges classified as in poor 
     condition) based on the National Bridge Inventory as of 
     December 31, 2018:
                                 ______
                                 
  SA 2227. Mr. HOEVEN submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 1839, line 9, strike ``in accordance with'' and 
     insert ``and as provided for in''.
       On page 2498, line 7, strike ``in accordance with'' and 
     insert ``and as provided for in''.
                                 ______
                                 
  SA 2228. Mr. MARSHALL submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division J, insert the 
     following:
       Sec. ___.  None of the funds made available by this Act may 
     be used to transport an alien (as defined in section 101(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1101(a)) who 
     is unlawfully present in the United States and who--
       (1) has not been tested for COVID-19 during the preceding 
     10-day period;
       (2) has not been fully vaccinated against COVID-19; or
       (3) has symptoms of COVID-19.
                                 ______
                                 
  SA 2229. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner,

[[Page S5627]]

and Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VII of division B, add the following:

     SEC. 27005. REPORT ON CERTAIN USES OF FEDERAL FUNDS.

       (a) Definitions.--In this section:
       (1) Department provided funds.--The term ``Department 
     provided funds'' means amounts provided by the Department as 
     financial assistance or pursuant to a financial assistance 
     agreement.
       (2) Financial assistance.--The term ``financial 
     assistance'' includes grants, subgrants, contracts, 
     cooperative agreements, and any other form of financial 
     assistance.
       (3) Reportable nonworking time.--The term ``reportable 
     nonworking time'' means any time--
       (A) during which an employee is not working; and
       (B) for which the employee receives from an individual or 
     entity employing the employee standby pay or any other form 
     of payment or compensation from Department provided funds.
       (b) Report.--Not later than 60 days after the last day of 
     each fiscal year, each individual or entity that receives 
     Department provided funds under this Act or any other law 
     during that fiscal year shall submit to the Secretary a 
     report describing all reportable nonworking time of the 
     employees of the individual or entity during that fiscal 
     year, including, with respect to each project associated with 
     that reportable nonworking time--
       (1) the name and location of the project;
       (2) the number of employees compensated for reportable 
     nonworking time;
       (3) the reason why each such employee was not working;
       (4) the quantity of reportable nonworking time for which 
     each such employee was compensated; and
       (5) the amount of Department provided funds expended to 
     compensate each such employee for reportable nonworking time.
       (c) Guidance.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Director of the Office of Management and Budget, shall 
     issue guidance to assist individuals and entities in 
     determining whether an employee--
       (1) is not working for purposes of subsection (a)(3)(A); 
     and
       (2) has received payment or compensation from Department 
     provided funds for purposes of subsection (a)(3)(B).
                                 ______
                                 
  SA 2230. Mr. BRAUN (for himself, Ms. Duckworth, Ms. Lummis, Mr. 
Padilla, Mr. Inhofe, and Ms. Baldwin) submitted an amendment intended 
to be proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. 
Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. 
Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. 
Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in subtitle E of title I of 
     division A, insert the following:

     SEC. 115__. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN 
                   FORGIVENESS UNDER HIGHWAY AND PUBLIC 
                   TRANSPORTATION PROJECT COST REIMBURSEMENT 
                   CONTRACTS.

       Notwithstanding section 31.201-5 of title 48, Code of 
     Federal Regulations (or successor regulations), for the 
     purposes of any cost-reimbursement contract initially awarded 
     in accordance with section 112 of title 23, United States 
     Code, or section 5325 of title 49, United States Code, or any 
     subcontract under such a contract, no cost reduction or cash 
     refund shall be due to the Department of Transportation or to 
     a State transportation department, transit agency, or other 
     recipient of assistance under chapter 1 of title 23, United 
     States Code, or chapter 53 of title 49, United States Code, 
     on the basis of forgiveness of a covered loan, as defined in 
     section 7A of the Small Business Act (15 U.S.C. 636m), 
     pursuant to the provisions of that section.
                                 ______
                                 
  SA 2231. Mr. THUNE (for himself, Mr. Moran, Ms. Baldwin, and Mrs. 
Capito) submitted an amendment intended to be proposed to amendment SA 
2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, 
Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        In the third proviso under the heading ``distance 
     learning, telemedicine, and broadband program'' under the 
     heading ``Rural Utilities Service'' under the heading ``RURAL 
     DEVELOPMENT PROGRAMS'' under the heading ``DEPARTMENT OF 
     AGRICULTURE'' in title I of division J, strike ``50 percent'' 
     and insert ``80 percent''.
       Strike the fourth proviso under the heading ``distance 
     learning, telemedicine, and broadband program'' under the 
     heading ``Rural Utilities Service'' under the heading ``RURAL 
     DEVELOPMENT PROGRAMS'' under the heading ``DEPARTMENT OF 
     AGRICULTURE'' in title I of division J.
                                 ______
                                 
  SA 2232. Mr. HOEVEN (for himself and Mr. Wyden) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of title IV of division H, add the following:

     SEC. 804__. MOVE AMERICA BONDS.--

       (a) In General.--
       (1) Move america bonds.--Subpart A of part IV of subchapter 
     B of chapter 1 of the Internal Revenue Code of 1986 is 
     amended by inserting after section 142 the following new 
     section:

     ``SEC. 142A. MOVE AMERICA BONDS.

       ``(a) In General.--
       ``(1) Treatment as exempt facility bond.--Except as 
     otherwise provided in this section, a Move America bond shall 
     be treated for purposes of this part as an exempt facility 
     bond.
       ``(2) Exceptions.--
       ``(A) No government ownership requirement.--Paragraph (1) 
     of section 142(b) shall not apply to any Move America bond.
       ``(B) Special rules for high-speed rail bonds.--Paragraphs 
     (2) and (3) of section 142(i) shall not apply to any Move 
     America bond described in subsection (b)(6).
       ``(C) Special rules for highway and surface transportation 
     facilities.--Paragraphs (2), (3), and (4) of section 142(m) 
     shall not apply to any Move America bond described in 
     subsection (b)(7).
       ``(b) Move America Bond.--For purposes of this part, the 
     term `Move America bond' means any bond issued as part of an 
     issue 95 percent or more of the net proceeds of which are 
     used to provide--
       ``(1) airports,
       ``(2) docks and wharves, including--
       ``(A) waterborne mooring infrastructure,
       ``(B) dredging in connection with a dock or wharf, and
       ``(C) any associated rail and road infrastructure for the 
     purpose of integrating modes of transportation,
       ``(3) mass commuting facilities,
       ``(4) facilities for the furnishing of water (within the 
     meaning of section 142(e)),
       ``(5) sewage facilities,
       ``(6) railroads (as defined in section 20102 of title 49, 
     United States Code) and any associated rail and road 
     infrastructure for the purpose of integrating modes of 
     transportation,
       ``(7) any--
       ``(A) surface transportation project which is eligible for 
     Federal assistance under title 23, United States Code (as in 
     effect on the date of the enactment of this section),
       ``(B) project for an international bridge or tunnel for 
     which an international entity authorized under Federal or 
     State law is responsible and which is eligible for Federal 
     assistance under title 23, United States Code (as so in 
     effect), or
       ``(C) facility for the transfer of freight from truck to 
     rail or rail to truck (including any temporary storage 
     facilities directly related to such transfers) which is 
     eligible for Federal assistance under either title 23 or 
     title 49, United States Code (as so in effect),
       ``(8) flood diversions,
       ``(9) inland waterways, including construction and 
     rehabilitation expenditures for navigation on any inland or 
     intracoastal waterways of the United States (within the 
     meaning of section 4042(d)(2)), or
       ``(10) rural broadband service infrastructure.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Flood diversions.--The term `flood diversion' means 
     any flood damage risk reduction project authorized under any 
     Act for authorizing water resources development projects.
       ``(2) Rural broadband service infrastructure.--The term 
     `rural broadband service infrastructure' means the 
     construction, improvement, or acquisition of facilities and 
     equipment for the provision of broadband services (as defined 
     in section 601 of the Rural Electrification Act of 1936) 
     which--
       ``(A) meet the minimum requirements in effect under section 
     601(e) of such Act, and
       ``(B) will be provided in an area which--
       ``(i) is a rural area (as defined in section 601 of such 
     Act), and
       ``(ii) meets the requirements of clauses (i) and (ii) of 
     section 601(d)(2)(A) of such Act.
       ``(d) Move America Volume Cap.--
       ``(1) In general.--The aggregate face amount of Move 
     America bonds issued pursuant to an issue, when added to the 
     aggregate face amount of Move America bonds previously issued 
     by the issuing authority during the calendar year, shall not 
     exceed such

[[Page S5628]]

     issuing authority's Move America volume cap for such year.
       ``(2) Move america volume cap.--For purposes of this 
     subsection--
       ``(A) In general.--The Move America volume cap for any 
     calendar year is an amount equal to 25 percent of the State 
     ceiling under section 146(d) for such State for such calendar 
     year.
       ``(B) Allocation of volume cap.--Each State may allocate 
     the Move America volume cap of such State among governmental 
     units (or other authorities) in such State having authority 
     to issue private activity bonds.
       ``(3) Carryforwards.--
       ``(A) In general.--If--
       ``(i) an issuing authority's Move America volume cap, 
     exceeds
       ``(ii) the aggregate amount of Move America bonds issued 
     during such calendar year by such authority,
     any Move America bond issued by such authority during the 5-
     calendar-year period following such calendar year shall not 
     be taken into account under paragraph (1) to the extent the 
     amount of such bonds does not exceed the amount of such 
     excess. Any excesses arising under this paragraph shall be 
     used under this paragraph in the order of calendar years in 
     which the excesses arose.
       ``(B) Reallocation of unused carryforwards.--
       ``(i) In general.--The Move America volume cap under 
     paragraph (2)(A) for any State for any calendar year shall be 
     increased by any amount allocated to such State by the 
     Secretary under clause (ii).
       ``(ii) Reallocation.--The Secretary shall allocate to each 
     qualified State for any calendar year an amount which bears 
     the same ratio to the aggregate unused carryforward amounts 
     of all issuing authorities in all States for such calendar 
     year as the qualified State's population for the calendar 
     year bears to the population of all qualified States for the 
     calendar year. For purposes of the preceding sentence, 
     population shall be determined in accordance with section 
     146(j).
       ``(iii) Qualified state.--For purposes of this 
     subparagraph, the term `qualified State' means, with respect 
     to a calendar year, any State--

       ``(I) which allocated its entire Move America volume cap 
     for the preceding calendar year, and
       ``(II) for which a request is made (not later than May 1 of 
     the calendar year) to receive an allocation under clause 
     (ii).

       ``(iv) Unused carryforward amount.--For purposes of this 
     paragraph, the term `unused carryforward amount' means, with 
     respect to any issuing authority for any calendar year, the 
     excess of--

       ``(I) the amount of the excess described in subparagraph 
     (A) for the sixth preceding calendar year, over
       ``(II) the amount of bonds issued by such issuing authority 
     to which subparagraph (A) applied during the 5 preceding 
     calendar years.

       ``(4) Facility must be located within state.--
       ``(A) In general.--No portion of the Move America volume 
     cap of an issuing authority for any calendar year may be used 
     with respect to financing for a facility located outside of 
     the authority's State.
       ``(B) Exception for certain facilities where state will get 
     proportionate share of benefit.--Subparagraph (A) shall not 
     apply to any Move America bond the proceeds of which are used 
     to provide a facility described in paragraph (4) or (5) of 
     subsection (b) if the issuer establishes that the State's 
     share of the use of the facility will equal or exceed the 
     State's share of the private activity bonds issued to finance 
     the facility.
       ``(e) Applicability of Certain Federal Laws.--
       ``(1) In general.--An issue shall not be treated as an 
     issue under subsection (b) unless the facility for which the 
     proceeds of such issue are used meets the requirements 
     applicable to construction, alteration, or repair of similar 
     facilities under any Federal law that would apply if the 
     facility were funded or financed under any other Federal 
     program (including under titles 23, 40, and 49, United States 
     Code) which would otherwise apply to similar facilities.
       ``(2) Public transportation capital projects.--In addition 
     to the requirements of paragraph (1), an issue the proceeds 
     of which are used to finance a capital project (as defined in 
     section 5302(3) of title 49, United States Code) relating to 
     public transportation (as defined in section 5302(14) of such 
     title) shall not be treated as an issue under subsection (b) 
     unless such project complies with the requirements of chapter 
     53 of title 49, United States Code.
       ``(f) Special Rule for Environmental Remediation Costs for 
     Docks and Wharves.--For purposes of this section, amounts 
     used for working capital expenditures relating to 
     environmental remediation required under State or Federal law 
     at or near a facility described in subsection (b)(2) 
     (including environmental remediation in the riverbed and land 
     within or adjacent to the Federal navigation channel used to 
     access such facility) shall be treated as an amount used to 
     provide for such a facility.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this section, including regulations requiring States to 
     report the amount of Move America volume cap of the State 
     carried forward for any calendar year under subsection 
     (d)(3).''.
       (2) Conforming amendment.--The table of sections for 
     subpart A of part IV of subchapter B of chapter 1 of such 
     Code is amended by inserting after the item relating to 
     section 142 the following new item:

``Sec. 142A. Move America bonds.''.
       (b) Application of Other Private Activity Bond Rules.--
       (1) Treatment under private activity bond volume cap.--
     Subsection (g) of section 146 of the Internal Revenue Code of 
     1986, as amended by sections 80401 and 80402, is amended by 
     striking ``and'' at the end of paragraph (5), by striking the 
     period at the end of paragraph (6) and inserting ``, and'', 
     and by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) any Move America bond.''.
       (2) Special rule on use for land acquisition.--Subparagraph 
     (A) of section 147(c)(1) of the Internal Revenue Code of 1986 
     is amended by inserting ``(50 percent in the case of any 
     issue of Move America bonds)'' after ``25 percent''.
       (3) Special rules for rehabilitation expenditures.--
       (A) Inclusion of certain expenditures.--Subparagraph (B) of 
     section 147(d)(3) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, except that, in the case of any Move 
     America bond, such term shall include any expenditure 
     described in clause (v) thereof'' before the period at the 
     end.
       (B) Period for expenditures.--Subparagraph (C) of section 
     147(d)(3) of such Code is amended by inserting ``(5 years, in 
     the case of any Move America bond)'' after ``2 years''.
       (c) Treatment Under the Alternative Minimum Tax.--
     Subparagraph (C) of section 57(a)(5) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new clause:
       ``(vii) Exception for move america bonds.--For purposes of 
     clause (i), the term `private activity bond' shall not 
     include any Move America bond (as defined in section 
     142A).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to obligations issued in calendar years beginning 
     after the date of the enactment of this Act.

     SEC. 804__. MOVE AMERICA CREDITS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after the section 42 the following new section:

     ``SEC. 42A. MOVE AMERICA CREDITS.

       ``(a) Move America Equity Credits.--
       ``(1) In general.--For purposes of section 38, the Move 
     America equity credit for any taxable year in the credit 
     period is an amount equal to 10 percent of the qualified 
     basis of each qualified facility.
       ``(2) Definitions.--For purposes of this section--
       ``(A) Qualified basis.--
       ``(i) In general.--The qualified basis of any qualified 
     facility is the portion of the eligible basis of such 
     facility to which the State has allocated an amount of the 
     State credit limitation under subsection (c)(3)(A)(i).
       ``(ii) Determination.--The qualified basis of a facility 
     for purposes of all taxable years in the credit period shall 
     be determined as of the date of the last day of the calendar 
     year in which the qualified facility is placed in service.
       ``(iii) Exception.--Notwithstanding any other provision of 
     this section, the qualified basis of any qualified facility 
     shall be zero unless the chief executive officer (or the 
     equivalent) of the local jurisdiction in which the qualified 
     facility is located is provided a reasonable opportunity to 
     comment on the qualified facility.
       ``(B) Qualified facility.--The term `qualified facility' 
     means a facility described in section 142A(b), but only if 
     such facility--
       ``(i) meets the requirements applicable to similar 
     facilities under any Federal law which would apply if the 
     facility were financed under any other Federal program 
     (including titles 23, 40, and 49, United States Code),
       ``(ii) complies with the requirements of chapter 53 of 
     title 49, United States Code, in the case of a capital 
     project (as defined in section 5302(3) of title 49, United 
     States Code) relating to public transportation (as defined in 
     section 5302(14) of such title), and
       ``(iii) will be generally available for public use 
     throughout the credit period.
       ``(C) Credit period.--
       ``(i) In general.--Except as provided in clause (ii), the 
     credit period with respect to any qualified facility is the 
     period of 10 taxable years beginning with the first taxable 
     year beginning in the calendar year in which the facility is 
     placed in service.
       ``(ii) Early termination.--If at any time during the 10-
     taxable-year period described in clause (i) a facility ceases 
     to be a qualified facility, or ceases and then recommences to 
     be a qualified facility, the credit period with respect to 
     such facility shall include only the taxable years in such 
     10-year period in which the facility was a qualified facility 
     for the entire taxable year.
       ``(iii) Dispositions of property or interest relating to 
     qualified facility.--A facility shall not cease to be a 
     qualified facility solely by reason of the disposition of the 
     facility (or an interest therein) if it is reasonably 
     expected that such facility will otherwise continue to be a 
     qualified facility.
       ``(iv) Treatment of credit in case of disposition.--If at 
     any time during the 10-taxable-year period described in 
     clause (i) a qualified facility (or an interest therein) is 
     disposed of--

[[Page S5629]]

       ``(I) the credit under paragraph (1) for any year in such 
     period beginning after the date of the disposal shall be 
     allowed to the acquiring person, and not to the person 
     disposing of the facility (or interest), and
       ``(II) the credit under paragraph (1) for the year of the 
     disposal shall be allocated between such persons on the basis 
     of the number of days during such year the facility (or 
     interest) was held by each.

       ``(3) Reallocation.--
       ``(A) In general.--If any qualified facility is not placed 
     in service within 3 years of the date of the allocation under 
     subsection (c)(3), the State shall rescind the allocation 
     under subsection (c)(3)(A)(i). Any allocation so rescinded 
     may be reallocated by the State under subsection (c) 
     (including to qualified infrastructure funds for purposes of 
     the credit under subsection (b)) within the calendar year in 
     which it is so rescinded.
       ``(B) Reversion.--Any rescinded allocation which is not 
     reallocated under subparagraph (A) by the last day of the 
     calendar year in which it is so rescinded shall revert to 
     inclusion in the State's Move America volume cap under 
     section 142A(d) as if it had never been exchanged under 
     subsection (c)(1).
       ``(C) No multiple reallocations.--Any rescinded allocation 
     which is reallocated under subparagraph (A) and is 
     subsequently rescinded shall not be further reallocated and 
     shall immediately revert to inclusion in the Move America 
     volume cap as provided in subparagraph (B).
       ``(4) Coordination with deduction for depreciation, etc.--
     The basis of any property taken into account in determining 
     the qualified basis of a qualified facility with respect to 
     which a credit is allowed under this section shall be reduced 
     by the aggregate amount of the credit allowable under this 
     section during all taxable years in the credit period which 
     is properly allocable to the cost basis of such property. The 
     Secretary shall provide for adjustments to basis in cases 
     where the taxpayer is not allowed a full credit for all years 
     in the credit period.
       ``(b) Move America Infrastructure Fund Credits.--
       ``(1) Allowance of credit.--
       ``(A) In general.--For purposes of section 38, in the case 
     of a taxpayer who holds a Move America investment on a credit 
     allowance date of such investment which occurs during the 
     taxable year, the Move America infrastructure fund credit for 
     such taxable year is an amount equal to 5 percent of the 
     amount paid to the qualified infrastructure fund for such 
     investment at its original issue.
       ``(B) Credit allowance date.--For purposes of subparagraph 
     (A), except as provided in paragraph (3), the term `credit 
     allowance date' means with respect to any Move America 
     investment--
       ``(i) the date on which such investment is initially made, 
     and
       ``(ii) each of the 9 anniversary dates of such date 
     thereafter.
       ``(2) Definitions.--For purposes of this section--
       ``(A) Move america investment.--
       ``(i) In general.--The term `Move America investment' means 
     any equity investment in a qualified infrastructure fund, 
     if--

       ``(I) such investment is acquired by the taxpayer at its 
     original issue solely in exchange for cash,
       ``(II) substantially all of such cash is used by the 
     qualified infrastructure fund to make qualified investments, 
     and
       ``(III) such investment is designated for purposes of this 
     subsection by the qualified infrastructure fund, including a 
     designation of the qualified investment which will be made 
     with such investment.

       ``(ii) Limitation.--

       ``(I) In general.--The maximum amount of equity investments 
     issued by a qualified infrastructure fund in a calendar year 
     which may be designated under clause (i)(III) by such fund 
     shall not exceed 200 percent of the portion of the State 
     credit limitation allocated under subsection (c)(3)(A)(ii) to 
     such fund in such calendar year.
       ``(II) Expiration.--If the limitation determined under 
     subclause (I) with respect to an infrastructure fund for a 
     calendar year exceeds the amount of equity investments 
     designated under clause (i)(III) by such fund in such year, 
     the State shall rescind such excess allocation. Any 
     allocation so rescinded may be reallocated by the State under 
     subsection (c) (including to qualified facilities for 
     purposes of the credit under subsection (a)) within the 
     immediately succeeding calendar year.
       ``(III) Reversion.--Any rescinded allocation which is not 
     reallocated under subclause (II) by the last day of such 
     immediately succeeding calendar year shall revert to 
     inclusion in the State's Move America volume cap under 
     section 142A(d) as if it had never been exchanged under 
     subsection (c)(1).
       ``(IV) No multiple reallocations.--Any rescinded allocation 
     which is reallocated under subclause (II) and is subsequently 
     rescinded shall not be further reallocated and shall 
     immediately revert to inclusion in the Move America volume 
     cap as provided in subclause (III).

       ``(iii) Safe harbor for determining use of cash.--The 
     requirement of clause (i)(II) shall be treated as met if at 
     least 95 percent of the aggregate gross assets of the 
     qualified infrastructure fund (determined without regard to 
     any cash received under clause (i)(I) that has not been 
     invested in any other asset before the date that is 3 years 
     after the date such cash is received) are invested in 
     qualified investments.
       ``(iv) Treatment of subsequent purchasers.--The term `Move 
     America investment' includes any equity investment which 
     would (but for clause (i)(I)) be a Move America investment in 
     the hands of the taxpayer if such investment was a Move 
     America investment in the hands of a prior holder.
       ``(B) Qualified infrastructure fund.--The term `qualified 
     infrastructure fund' means--
       ``(i) a State infrastructure bank established under section 
     610 of title 23, United States Code,
       ``(ii) a water pollution control revolving fund established 
     under title VI of the Federal Water Pollution Control Act (33 
     U.S.C. 1381 et seq.),
       ``(iii) a drinking water treatment revolving loan fund 
     established under section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12), or
       ``(iv) an equivalent fund established or designated by the 
     State or any instrumentality thereof and certified by the 
     Secretary as having a primary purpose of financing qualified 
     facilities.
     In the case of a fund described in clause (ii) or (iii), the 
     amount of any Move America investment shall not be included 
     in determining the amount of State or other non-Federal 
     contributions to such fund.
       ``(C) Qualified investment.--The term `qualified 
     investment' means an investment (whether by loan, loan 
     guarantee, or equity investment) in--
       ``(i) qualified facilities, or
       ``(ii) in the case of a fund described in clause (i), (ii), 
     or (iii) of subparagraph (B), projects and activities for 
     which such funds are authorized to be used under any other 
     provision of law.
       ``(3) Early termination.--
       ``(A) In general.--If at any time during the compliance 
     period the fund which issued a Move America investment ceases 
     to be a qualified infrastructure fund, or ceases and then 
     recommences to be a qualified infrastructure fund, any date 
     described in paragraph (1)(B) (including the date described 
     in clause (i) thereof) occurring in--
       ``(i) the taxable year in which the fund ceased to be a 
     qualified infrastructure fund, or
       ``(ii) any other taxable year in such period in which the 
     fund is not a qualified infrastructure fund for the entire 
     taxable year,
     shall not be treated as a credit allowance date for purposes 
     of paragraph (1).
       ``(B) Compliance period.--For purposes of subparagraph (A), 
     the term `compliance period' means the 10-taxable-year period 
     beginning with the taxable year that includes the date of the 
     original issue of the Move America investment.
       ``(C) Loss of qualification.--A fund shall cease to be a 
     qualified infrastructure fund as of the date more than 5 
     percent of the investments made by the fund are not qualified 
     investments. For purposes of the preceding sentence, the 
     amount of any cash received under subparagraph (A)(i)(I) that 
     has not been invested in any other asset before the date that 
     is 3 years after the date such cash is received shall not be 
     taken into account in determining investments made by the 
     fund.
       ``(D) Expiration of credit.--If substantially all of the 
     cash paid for any Move America investment is not used to make 
     qualified investments designated under paragraph 
     (2)(A)(i)(III) within 3 years of the date of original issue 
     of such investment, any date described in paragraph (1)(B) 
     occurring in a taxable year which ends after the date which 
     is 3 years after such date of original issue shall not be 
     treated as a credit allowance date for purposes of paragraph 
     (1).
       ``(c) Move America Credit Allocation.--
       ``(1) Exchange of move america bond volume cap.--
       ``(A) In general.--If a State has in effect a qualified 
     allocation plan for a calendar year, the State may exchange 
     (in such manner as the Secretary may prescribe) all or a 
     portion of the State's Move America volume cap under section 
     142A(d) for such year for a State credit limitation.
       ``(B) Limitation.--The amount of a State's Move America 
     volume cap for a calendar year which may be exchanged under 
     subparagraph (A) shall not include any portion of such cap 
     which is attributable to an amount of State credit limitation 
     which has reverted under paragraph (3)(D) or subsection 
     (a)(3)(B) or (b)(2)(A)(ii)(IV).
       ``(2) State credit limitation.--For purposes of this 
     section, the State credit limitation with respect to any 
     State for a calendar year is a dollar amount equal to 25 
     percent of the Move America volume cap exchanged under 
     paragraph (1) for such calendar year.
       ``(3) Allocation.--
       ``(A) In general.--A State may allocate the State credit 
     limitation, according to the qualified allocation plan, for 
     any calendar year among--
       ``(i) qualified facilities in the State for purposes of the 
     Move America equity credit under subsection (a), and
       ``(ii) qualified infrastructure funds in the State for 
     purposes of the Move America infrastructure fund credit under 
     subsection (b).
       ``(B) Qualified allocation plan.--
       ``(i) In general.--For purposes of this subsection, the 
     term `qualified allocation plan' means any plan--

       ``(I) which sets forth selection criteria to be used in 
     determining infrastructure priorities of the State and 
     allocating the State credit limitation among facilities (in 
     accordance with clause (ii)) and infrastructure funds in the 
     State, and

[[Page S5630]]

       ``(II) which provides a procedure that the State (or an 
     agent or other private contractor of the State) will follow 
     in monitoring for noncompliance with the provisions of this 
     section and in notifying the Internal Revenue Service of such 
     noncompliance.

       ``(ii) Limitation based on facility feasibility for move 
     america equity credits.--

       ``(I) In general.--In the case of an allocation with 
     respect to any qualified facility for purposes of the Move 
     America equity credit under subsection (a), such allocation 
     shall not exceed the minimum amount which the State 
     transportation authority or other applicable agency 
     determines is required for the financial feasibility of the 
     facility and its viability for completion and availability 
     for public use throughout the credit period.
       ``(II) Minimum feasibility determination.--In making the 
     determination under subclause (I), such entity shall consider 
     the sources and uses of funds and the total financing planned 
     for the facility, any proceeds or receipts expected to be 
     generated by reason of tax benefits, the reasonableness of 
     the developmental and operational costs of the facility over 
     the full expected operational life of the facility, ancillary 
     costs (including right-of-way and procurement costs), 
     financing costs, and retained and transferred risk.

       ``(C) Special rules relating to move america equity 
     credit.--
       ``(i) Limitation.--The amount allocated to a qualified 
     facility under subparagraph (A)(i) shall not exceed the 
     eligible basis of such facility.
       ``(ii) Eligible basis.--For purposes of this section, 
     except as provided in clause (iii), the eligible basis of any 
     qualified facility is the lesser of--

       ``(I) the portion of the basis of such facility which is 
     attributable to the aggregate amount of equity investment of 
     all taxpayers in the costs of the facility which are subject 
     to the allowance for depreciation (determined as of the last 
     day of the calendar year in which the facility is placed in 
     service), or
       ``(II) 20 percent of the costs of the facility which are 
     subject to the allowance for depreciation (determined as of 
     the last day of the calendar year in which the facility is 
     placed in service).

       ``(iii) Exclusion of government assistance.--Eligible basis 
     shall not include any portion of the basis of such facility 
     which is attributable to any assistance or financing provided 
     by a Federal, State, or local government (determined as of 
     the last day of the calendar year in which the facility is 
     placed in service).
       ``(D) Reversion of unallocated limitation.--Any portion of 
     the State credit limitation for any calendar year which 
     remains unallocated as of the last day of such calendar year 
     shall revert to inclusion in the State's Move America volume 
     cap under section 142A(d) as if it had never been exchanged 
     under paragraph (1).''.
       (b) Credits Made Part of General Business Credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 is amended--
       (1) by striking ``plus'' at the end of paragraph (32),
       (2) by striking the period at the end of paragraph (33) and 
     inserting a comma, and
       (3) by adding at the end the following new paragraphs:
       ``(34) the Move America equity credit under section 
     42A(a)(1), plus
       ``(35) the Move America infrastructure fund credit under 
     section 42A(b)(1).''.
       (c) Treatment Under Alternative Minimum Tax and Base 
     Erosion Tax.--
       (1) Alternative minimum tax.--Section 38(c)(4)(B) of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     clauses (iv) through (xii) as clauses (vi) through (xiv), 
     respectively, and by inserting after clause (iii) the 
     following new clauses:
       ``(iv) the credit determined under section 42A(a)(1),
       ``(v) the credit determined under section 42A(b)(1),''.
       (2) Base erosion tax.--Section 59A(b)(1)(B)(ii) of such 
     Code is amended by striking ``plus'' at the end of subclause 
     (I), by redesignating subclause (II) as subclause (III), and 
     by inserting after subclause (I) the following new subclause:

       ``(II) the credit allowed under section 38 for the taxable 
     year which is properly allocable to the sum of the Move 
     America equity credit under section 42A(a)(1) and the Move 
     America infrastructure fund credit under section 42A(b)(1), 
     plus''.

       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 42 the following new item:

``Sec. 42A. Move America credits.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (f) Reporting.--A State shall, at such time and in such 
     manner as the Secretary of the Treasury shall require, 
     report--
       (1) to the Secretary of the Treasury--
       (A) the amount of the Move America volume cap of the State 
     for the calendar year which is exchanged under section 
     42A(c)(1) of the Internal Revenue Code of 1986 for a State 
     credit limitation;
       (B) the amount (if any) of the State credit limitation 
     allocated under section 42A(c)(3)(A)(i) of such Code to 
     qualified facilities, the amount so allocated to each such 
     facility, and the taxpayer with respect to such facility 
     (including the name of the taxpayer and any other identifying 
     information as the Secretary of the Treasury shall require); 
     and
       (C) the amount (if any) of the State credit limitation 
     allocated under section 42A(c)(3)(A)(ii) of such Code to 
     qualified infrastructure funds, the amount so allocated to 
     each such fund, and each taxpayer holding any Move America 
     investment with respect to any such fund (including the name 
     of the taxpayer and any other identifying information as the 
     Secretary of the Treasury shall require);
       (2) to the Secretary of the Treasury and any taxpayer who 
     is the sponsor of a qualified facility receiving an 
     allocation under section 42A(c)(3)(A)(i) of such Code, the 
     date on which the qualified facility is placed in service; 
     and
       (3) to the Secretary of the Treasury and any taxpayer 
     holding a Move America investment, a certification that the 
     entity which issued the investment is a qualified 
     infrastructure fund and that the investment will be used to 
     make qualified investments designated for purposes of section 
     42A(b)(2)(A)(i)(III) of the Internal Revenue Code of 1986.
     For purposes of this subsection, any term used in this 
     subsection that is also used in section 42A or 142A of such 
     Code has the same meaning as when used in such section.
                                 ______
                                 
  SA 2233. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. ___. E-VERIFY COMPLIANCE REQUIREMENT.

       (a) Limitation.--Notwithstanding any other provision of 
     law, Federal assistance, grants, subgrants, contracts, and 
     subcontracts authorized under this Act may only be awarded to 
     entities that have enrolled in, and maintain compliance with 
     all statutes, regulations, and policies regarding the E-
     Verify Program described in section 403(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note).
       (b) Requirement.--Any entity that has not previously 
     enrolled in, or had enrolled but did not maintain compliance 
     with all statutes, regulations, and policies regarding, the 
     E-Verify Program shall enroll in and certify compliance with 
     such statutes, regulations and policies before being eligible 
     to receive any Federal assistance, grants, subgrants, 
     contracts, or subcontracts authorized under this Act.
                                 ______
                                 
  SA 2234. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. ___. PROCUREMENT FOR BORDER WALL CONSTRUCTION.

       (a) Termination of Presidential Proclamation 10142.--
       (1) In general.--Notwithstanding any other provision of 
     law, beginning on the date of the enactment of this Act--
       (A) the Secretary of Homeland Security or any other Federal 
     official may not implement the provisions of Presidential 
     Proclamation 10142; and
       (B) all regulations, policies, and operational guidance 
     contained in such proclamation that have been implemented 
     shall be immediately terminated.
       (2) Reversion to prior terms.--Notwithstanding any other 
     provision of law, upon the termination of all regulations, 
     policies, and operational modifications that have been issued 
     to implement Presidential Proclamation 10142, all contracts 
     for the construction or improvement of any physical barrier 
     along the United States border shall be carried out in 
     accordance with the terms set in effect before January 20, 
     2021.
       (b) Prohibition of Contract Modifications.--The Secretary 
     of Homeland Security may not carry out any successor 
     Executive Order, Presidential Proclamation, regulation, 
     policy guidance, or operational guidance that seeks to 
     cancel, invalidate, breach, terminate, or impose additional 
     environmental, agricultural, or other reviews required by 
     statute or regulation upon contracts that the Federal 
     Government has already awarded for the construction or 
     improvement of any physical barrier along the United States 
     border.

[[Page S5631]]

  

                                 ______
                                 
  SA 2235. Mr. KELLY (for himself, Mr. Cruz, Mr. Burr, Mr. 
Hickenlooper, and Ms. Cortez Masto) submitted an amendment intended to 
be proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. 
Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. 
Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. 
Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title I of division A, add the 
     following:

     SEC. 115__. HIGHWAY FORMULA MODERNIZATION STUDY.

       (a) In General.--The Secretary, in consultation with the 
     State departments of transportation and representatives of 
     local governments (including metropolitan planning 
     organizations), shall conduct a highway formula modernization 
     study to assess the method and data used to apportion 
     Federal-aid highway funds under subsections (b) and (c) of 
     section 104 of title 23, United States Code, and issue 
     recommendations relating to that method and data.
       (b) Assessment.--The highway formula modernization study 
     required under subsection (a) shall include an assessment of, 
     based on the latest available data, whether the apportionment 
     method described in that subsection results in--
       (1) an equitable distribution of funds based on the 
     estimated tax payments attributable to--
       (A) highway users in the State that are paid into the 
     Highway Trust Fund; and
       (B) individuals in the State that are paid to the Treasury, 
     based on contributions to the Highway Trust Fund from the 
     general fund of the Treasury; and
       (2) the achievement of the goals described in section 
     101(b)(3) of title 23, United States Code.
       (c) Considerations.--In the assessment under subsection 
     (b), the Secretary shall consider the following:
       (1) The factors described in sections 104(b), 104(f)(2), 
     104(h)(2), 130(f), and 144(e) of title 23, United States 
     Code, as in effect on the date of enactment of SAFETEA-LU 
     (Public Law 109-59; 119 Stat. 1144).
       (2) The availability and accuracy of data necessary to 
     calculate formula apportionments under the factors described 
     in paragraph (1).
       (3) The measures established under section 150 of title 23, 
     United States Code, and whether those measures are 
     appropriate for consideration as formula apportionment 
     factors.
       (4) Any other factors that the Secretary determines are 
     appropriate.
       (d) Recommendations.--The Secretary, in consultation with 
     the State departments of transportation and representatives 
     of local governments (including metropolitan planning 
     organizations), shall develop recommendations on a new 
     apportionment method, including--
       (1) the factors recommended to be included in the new 
     apportionment method;
       (2) the weighting recommended to be applied to the factors 
     recommended under paragraph (1); and
       (3) any other recommendations to ensure that the new 
     apportionment method best achieves an equitable distribution 
     of funds described under subsection (b)(1) and the goals 
     described in subsection (b)(2).
                                 ______
                                 
  SA 2236. Mr. WYDEN (for himself and Mr. Brown) submitted an amendment 
intended to be proposed to amendment SA 2137 proposed by Mr. Schumer 
(for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, 
Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and 
Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        On page 1225, strike lines 5 and 6 and insert the 
     following:
     the transit worker.'';
       (3) in subparagraph (E) of paragraph (2) (as so 
     redesignated)--
       (A) by striking ``and the installation'' and inserting ``, 
     the installation''; and
       (B) by inserting ``, and bikeshare projects'' after 
     ``public transportation vehicles''; and
       (4) in subparagraph (G) of paragraph (4) (as
                                 ______
                                 
  SA 2237. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        In section 40901, strike paragraphs (11) and (12) and 
     insert the following:
       (11) $100,000,000 for multi-benefit projects to improve 
     watershed health in accordance with section 40907;
       (12) $50,000,000 for endangered species recovery and 
     conservation programs in the Colorado River Basin in 
     accordance with--
       (A) Public Law 106-392 (114 Stat. 1602);
       (B) the Grand Canyon Protection Act of 1992 (Public Law 
     102-575; 106 Stat. 4669); and
       (C) subtitle E of title IX of the Omnibus Public Land 
     Management Act of 2009 (Public Law 111-11; 123 Stat. 1327); 
     and
       (13) $500,000,000 for rural water supply projects that 
     serve Indian Tribes under the rural water supply program 
     under section 103 of the Rural Water Supply Act of 2006 (43 
     U.S.C. 2402), with priority to be given to funding rural 
     water supply projects that respond to emergency situations in 
     which a lack of access to clean drinking water threatens the 
     health of a Tribal population.
                                 ______
                                 
  SA 2238. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title II of division D, insert 
     the following:

     SEC. 402__. CRITICAL MINERAL MINING PROGRAM.

       (a) Definitions.--In this section:
       (1) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       (2) Eligible entity.--The term ``eligible entity'' means an 
     entity engaged in or intending to engage in--
       (A) the mining, processing, refining, alloying, separating, 
     smelting, concentrating, or beneficiating of critical 
     minerals or the reprocessing or recycling of mine tailings, 
     smelter or refinery slags, or residues; or
       (B) any other value-added, mining-related, manufacturing-
     related, or processing-related use of critical minerals 
     undertaken within the United States.
       (3) Eligible mineral.--The term ``eligible mineral'' means 
     each of the critical minerals identified by the Secretary and 
     the Secretary of Defense under subsection (b)(2)(A).
       (4) Program.--The term ``program'' means the competitive 
     grant program established under subsection (b)(1).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Program Establishment.--
       (1) In general.--The Secretary, in coordination with the 
     Secretary of Defense, shall establish a program to use 
     amounts from the Defense Production Act Fund under section 
     304 of the Defense Production Act of 1950 (50 U.S.C. 4534) to 
     award competitive grants to eligible entities for the 
     processing, refining, alloying, separating, smelting, 
     concentrating, or beneficiating of eligible minerals.
       (2) Determination; identification.--
       (A) Eligible minerals.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary and the 
     Secretary of Defense, in coordination with the National 
     Economic Council, shall jointly identify 10 critical minerals 
     that are the most critical for manufacturing.
       (B) Suitable locations.--The Secretary, in coordination 
     with the Secretary of Defense, shall identify Federal and 
     non-Federal land for which it is economically feasible and 
     environmentally sound to mine the eligible minerals.
       (3) Selection.--
       (A) Applications.--An eligible entity seeking a grant under 
     the program shall submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       (B) Selection criteria.--In awarding grants under the 
     program, the Secretary shall only award grants to eligible 
     entities that--
       (i) have documented interests in constructing, expanding, 
     or modernizing facilities that carry out an activity or use 
     described in subparagraph (A) or (B) of subsection (a)(2); 
     and
       (ii) in the determination of the Secretary of Defense, in 
     coordination with the Secretary, demonstrate strong labor 
     protections, including prevailing wage requirements.
       (4) Use of funds.--A grant under the program may be used 
     for the environmental assessment, processing, mitigation, and 
     clean-up necessary to mine, process, refine, alloy, separate, 
     smelt, concentrate, or beneficiate eligible minerals on the 
     Federal and non-Federal land identified under paragraph 
     (2)(B).
       (5) Environmental laws.--In carrying out activities using a 
     grant under the program, an eligible entity shall comply 
     with--
       (A) all applicable environmental laws (including 
     regulations); and
       (B) any other environmental standards determined to be 
     necessary by the Secretary.
       (6) Funding.--Notwithstanding any other provision of law, 
     of the amounts available in the Defense Production Act Fund 
     under section 304 of the Defense Production Act of 1950 (50 
     U.S.C. 4534), the Secretary, in coordination with the 
     Secretary of Defense, may use

[[Page S5632]]

     $50,000,000 each fiscal year to carry out the program.
                                 ______
                                 
  SA 2239. Mr. WYDEN (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 40803(a), strike ``$3,369,200,000'' and insert 
     ``$9,882,000,000''.
       In section 40803(c)(9), strike ``$20,000,000'' and insert 
     ``$40,000,000''.
       In section 40803(c)(9)(A), strike ``$10,000,000'' and 
     insert ``$20,000,000''.
       In section 40803(c)(9)(B), strike ``$10,000,000'' and 
     insert ``$20,000,000''.
       In section 40803(c)(11), strike ``$500,000,000'' and insert 
     ``$1,500,000,000''.
       In section 40803(c)(11)(B)(i), strike ``$100,000,000'' and 
     insert ``$300,000,000''.
       In section 40803(c)(11)(B)(ii), strike ``$400,000,000'' and 
     insert ``$1,200,000,000''.
       In section 40803(c)(12), strike ``$500,000,000'' and insert 
     ``$1,500,000,000''.
       In section 40803(c)(13), strike ``$500,000,000'' and insert 
     ``$1,500,000,000''.
       In section 40803(c)(13)(A), strike ``$250,000,000'' and 
     insert ``$750,000,000''.
       In section 40803(c)(13)(B), strike ``$250,000,000'' and 
     insert ``$750,000,000''.
       In section 40803(c)(14), strike ``$500,000,000'' and insert 
     ``$1,500,000,000''.
       In section 40803(c)(14)(A), strike ``$250,000,000'' and 
     insert ``$750,000,000''.
       In section 40803(c)(14)(B), strike ``$250,000,000'' and 
     insert ``$750,000,000''.
       In section 40803(c)(16), strike ``$200,000,000'' and insert 
     ``$500,000,000''.
       In section 40803(c)(16)(A), strike ``$100,000,000'' and 
     insert ``$250,000,000''.
       In section 40803(c)(16)(B), strike ``$100,000,000'' and 
     insert ``$250,000,000''.
       In section 40803(c)(17), strike ``$8,000,000'' and insert 
     ``$20,000,000''.
       In section 40803(c)(17)(B), strike ``and'' at the end.
       In section 40803(c)(18), strike the period at the end and 
     insert a semicolon.
       At the end of section 40803(c), add the following:
       (19) $500,000,000 to be distributed under the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) to 
     build capacity for wildfire prevention, mitigation, control, 
     and suppression on non-Federal land;
       (20) $1,500,000,000 for entering into contracts with Indian 
     Tribes under the Indian Self-Determination Act (25 U.S.C. 
     5321 et seq.) for the purpose of implementing forestry 
     projects that further Tribal priorities; and
       (21) $50,000,000 for wood innovation relating to hazardous 
     fuels under the Healthy Forests Restoration Act of 2003 (16 
     U.S.C. 6501 et seq.).
       In section 40804(a), strike ``$2,130,000,000'' and insert 
     ``$12,320,000,000''.
       In section 40804(b)(1), strike ``$300,000,000'' and insert 
     ``$1,000,000,000''.
       In section 40804(b)(1)(B)(i), strike ``$50,000,000'' and 
     insert ``$200,000,000''.
       In section 40804(b)(1)(B)(ii), strike ``$150,000,000'' and 
     insert ``$700,000,000''.
       In section 40804(b)(4), strike ``$400,000,000'' and insert 
     ``$1,000,000,000''.
       In section 40804(b)(6), strike ``$200,000,000'' and insert 
     ``$500,000,000''.
       In section 40804(b)(6)(A), strike ``$100,000,000'' and 
     insert ``$250,000,000''.
       In section 40804(b)(6)(B), strike ``$100,000,000'' and 
     insert ``$250,000,000''.
       In section 40804(b)(7), strike ``$100,000,000'' and insert 
     ``$500,000,000''.
       In section 40804(b)(8), strike ``$200,000,000'' and insert 
     ``$500,000,000''.
       In section 40804(b)(8)(A), strike ``$100,000,000'' and 
     insert ``$250,000,000''.
       In section 40804(b)(8)(B), strike ``$100,000,000'' and 
     insert ``$250,000,000''.
       In section 40804(b)(9)(B), strike ``and''.
       In section 40804(b)(10), strike the period at the end and 
     insert a semicolon.
       At the end of section 40804(b), add the following:
       (11) $40,000,000 for the Secretary of Agriculture to create 
     a national community capacity for land stewardship program to 
     support collaborative conservation efforts on public land;
       (12) $200,000,000 for grants for the acquisition of 
     community wood energy systems under the Community Wood Energy 
     and Wood Innovation Program established under section 9013 of 
     the Farm Security and Rural Investment Act of 2003 (7 U.S.C. 
     8113);
       (13) $100,000,000 for the State and private forest 
     landscape-scale restoration program established under section 
     13A of the Cooperative Forestry Assistance Act of 1978 (16 
     U.S.C. 2109a);
       (14) $500,000,000 for forest health protection activities 
     under section 8 of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2104);
       (15) $250,000,000 for activities under the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) that 
     focus on the working forest landscapes priority described in 
     section 2(c)(1) of that Act (16 U.S.C. 2101(c)(1));
       (16) $500,000,000 for the community forest and open space 
     conservation program established under section 7A of the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2103d);
       (17) $100,000,000 for urban and community forestry 
     assistance under section 9 of the Cooperative Forestry 
     Assistance Act of 1978 (16 U.S.C. 2105);
       (18) $1,000,000,000 for vegetation and watershed 
     management;
       (19) $5,000,000,000 for capital improvements and 
     maintenance; and
       (20) $200,000,000 for the Joint Chiefs program.
       In section 40804(e)(1), strike ``$45,000,000'' and insert 
     ``$225,000,000''.
       In section 40804(e)(1), strike ``$35,000,000'' and insert 
     ``$175,000,000''.
       In section 40804(e)(2)(A), strike ``$20,000,000'' and 
     insert ``$100,000,000''.
       In section 40804(e)(2)(B), strike ``$5,000,000'' and insert 
     ``$25,000,000''.
                                 ______
                                 
  SA 2240. Mr. WYDEN (for himself, Mr. Crapo, and Mr. Risch) submitted 
an amendment intended to be proposed to amendment SA 2137 proposed by 
Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        In section 40101(e)(2)(C) of division D, insert ``with 
     respect to the same project'' after ``subsection (d)''.
                                 ______
                                 
  SA 2241. Mr. WYDEN (for himself, Mr. Crapo, and Mr. Risch) submitted 
an amendment intended to be proposed to amendment SA 2137 proposed by 
Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in division I, insert the 
     following:

     SEC. ___. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.

       (a) In General.--Section 605 of the Social Security Act (42 
     U.S.C. 805) is amended to read as follows:

     ``SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.

       ``(a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,000,000,000 to remain available until September 30, 2023, 
     with amounts to be obligated for each of fiscal years 2022 
     and 2023 in accordance with subsection (b), for making 
     payments under this section to eligible revenue sharing 
     recipients, eligible Tribal governments, and territories.
       ``(b) Authority to Make Payments.--
       ``(1) Allocations and payments to eligible revenue sharing 
     recipients.--
       ``(A) Allocations to revenue sharing counties.--For each of 
     fiscal years 2022 and 2023, the Secretary shall reserve 
     $742,500,000 of the total amount appropriated under 
     subsection (a) to allocate to each revenue sharing county 
     and, except as provided in subparagraph (B), pay to each 
     revenue sharing county that is an eligible revenue sharing 
     county amounts that are determined by the Secretary taking 
     into account the amount of entitlement land in each revenue 
     sharing county and the economic conditions of each revenue 
     sharing county, using such measurements of poverty, household 
     income, and unemployment over the most recent 20-year period 
     as of September 30, 2021, to the extent data are available, 
     as well as other economic indicators the Secretary determines 
     appropriate.
       ``(B) Special allocation rules.--
       ``(i) Revenue sharing counties with limited government 
     functions.--In the case of an amount allocated to a revenue 
     sharing county under subparagraph (A) that is a county with 
     limited government functions, the Secretary shall allocate 
     and pay such amount to each eligible revenue sharing local 
     government within such county with limited government 
     functions in an amount determined by the Secretary taking 
     into account the amount of entitlement land in each eligible 
     revenue sharing local government and the population of such 
     eligible revenue sharing local government relative to the 
     total population of such county with limited government 
     functions.
       ``(ii) Eligible revenue sharing county in alaska.--In the 
     case of the eligible revenue sharing county described in 
     subparagraph (f)(3)(C), the Secretary shall pay the amount 
     allocated to such eligible revenue sharing county to the 
     State of Alaska. The State of Alaska shall distribute such 
     payment to home rule cities and general law cities (as such 
     cities are defined by the State) located within the 
     boundaries of the eligible revenue sharing county for which 
     the payment was received.
       ``(C) Pro rata adjustment authority.--The amounts otherwise 
     determined for allocation and payment under subparagraphs (A)

[[Page S5633]]

     and (B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are allocated and paid to eligible revenue sharing recipients 
     in accordance with the requirements specified in each such 
     subparagraph.
       ``(2) Allocations and payments to eligible tribal 
     governments.--For each of fiscal years 2022 and 2023, the 
     Secretary shall reserve $250,000,000 of the total amount 
     appropriated under subsection (a) to allocate and pay to 
     eligible Tribal governments in amounts that are determined by 
     the Secretary taking into account economic conditions of each 
     eligible Tribe.
       ``(3) Allocations and payments to territories.--For each of 
     fiscal years 2022 and 2023, the Secretary shall reserve 
     $7,500,000 of the total amount appropriated under subsection 
     (a) to allocate and pay to each territory an amount which 
     bears the same proportion to the amount reserved in this 
     paragraph as the population of such territory bears to the 
     total population of all such territories.
       ``(c) Use of Payments.--An eligible revenue sharing 
     recipient, an eligible Tribal government, or a territory may 
     use funds provided under a payment made under this section 
     for any governmental purpose other than a lobbying activity.
       ``(d) Reporting Requirement.--Any eligible revenue sharing 
     recipient, any eligible Tribal government, and any territory 
     receiving a payment under this section shall provide to the 
     Secretary periodic reports providing a detailed accounting of 
     the uses of fund by such eligible revenue sharing recipient, 
     eligible Tribal government, or territory, as applicable, and 
     such other information as the Secretary may require for the 
     administration of this section.
       ``(e) Recoupment.--Any eligible revenue sharing recipient, 
     any eligible Tribal government, or any territory that has 
     failed to submit a report required under subsection (d) or 
     failed to comply with subsection (c), shall be required to 
     repay to the Secretary an amount equal to--
       ``(1) in the case of a failure to comply with subsection 
     (c), the amount of funds used in violation of such 
     subsection; and
       ``(2) in the case of a failure to submit a report required 
     under subsection (d), such amount as the Secretary determines 
     appropriate, but not to exceed 5 percent of the amount paid 
     to the eligible revenue sharing recipient, the eligible 
     Tribal government, or the territory under this section for 
     all fiscal years.
       ``(f) Definitions.--In this section:
       ``(1) County.--The term `county' means a county, parish, or 
     other equivalent county division (as defined by the Bureau of 
     the Census) in 1 of the 50 States.
       ``(2) County with limited government functions.--The term 
     `county with limited government functions' means a county in 
     which entitlement land is located that is not an eligible 
     revenue sharing county.
       ``(3) Eligible revenue sharing county.--The term `eligible 
     revenue sharing county' means--
       ``(A) a unit of general local government (as defined in 
     section 6901(2) of title 31, United States Code) that is a 
     county in which entitlement land is located and which is 
     eligible for a payment under section 6902(a) of title 31, 
     United States Code;
       ``(B) the District of Columbia; or
       ``(C) the combined area in Alaska that is within the 
     boundaries of a census area used by the Secretary of Commerce 
     in the decennial census, but that is not included within the 
     boundary of a unit of general local government described in 
     subparagraph (A).
       ``(4) Eligible revenue sharing local government.--The term 
     `eligible revenue sharing local government' means a unit of 
     general local government (as defined in section 6901(2) of 
     title 31, United States Code) in which entitlement land is 
     located that is not a county or territory and which is 
     eligible for a payment under section 6902(a) of title 31, 
     United States Code.
       ``(5) Eligible revenue sharing recipients.--The term 
     `eligible revenue sharing recipients' means, collectively, 
     eligible revenue sharing counties and eligible revenue 
     sharing local governments.
       ``(6) Eligible tribal government.--The term `eligible 
     Tribal government' means the recognized governing body of an 
     eligible Tribe.
       ``(7) Eligible tribe.--The term `eligible Tribe' means any 
     Indian or Alaska Native tribe, band, nation, pueblo, village, 
     community, component band, or component reservation, 
     individually identified (including parenthetically) in the 
     list published most recently as of March 11, 2021, pursuant 
     to section 104 of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131).
       ``(8) Entitlement land.--The term `entitlement land' has 
     the meaning given to such term in section 6901(1) of title 
     31, United States Code.
       ``(9) Revenue sharing county.--The term `revenue sharing 
     county' means--
       ``(A) an eligible revenue sharing county; or
       ``(B) a county with limited government functions.
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(11) Territory.--The term `territory' means--
       ``(A) the Commonwealth of Puerto Rico;
       ``(B) the United States Virgin Islands;
       ``(C) Guam;
       ``(D) the Commonwealth of the Northern Mariana Islands; or
       ``(E) American Samoa.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2242. Mr. ROUNDS (for himself, Ms. Smith, Mr. Warnock, Ms. Lummis, 
Ms. Baldwin, and Mr. Cramer) submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division C, insert the 
     following:

     SEC. 300__. INCREASED FEDERAL SHARE OF OPERATING COSTS FOR 
                   CERTAIN AREAS.

       Section 5311(g)(2)(B) of title 49, United States Code, is 
     amended--
       (1) in the subparagraph heading, by striking ``Exception'' 
     and inserting ``Exceptions'';
       (2) by striking ``A State'' and inserting the following:
       ``(i) States with nontaxable indian lands or public domain 
     lands.--Subject to clause (ii), a State''; and
       (3) by adding at the end the following:
       ``(ii) Areas with particular needs.--

       ``(I) Definition.--In this clause, the term `area of 
     persistent poverty' means--

       ``(aa) any county in which not less than 20 percent of the 
     population has lived in poverty during the most recent 30-
     year period, as measured by--
       ``(AA) the second and third most recent decennial censuses; 
     and
       ``(BB) the Small Area Income and Poverty Estimates of the 
     Bureau of the Census for the most recent year for which the 
     Estimates are available; or
       ``(bb) any census tract with a poverty rate of not less 
     than 20 percent, as measured by most recent 5-year data 
     series available from the American Community Survey of the 
     Bureau of the Census.

       ``(II) Increased federal share.--A grant made under this 
     section for operating assistance for a recipient or 
     subrecipient that operates public transportation that serves 
     an area that meets 1 or more of the criteria under subclause 
     (III) shall be for 80 percent of the net operating costs of 
     the project, as determined by the Secretary.
       ``(III) Criteria.--The criteria referred to in subclause 
     (II) are that an area--

       ``(aa) is an area of persistent poverty;
       ``(bb) is a county in which not less than 25 percent of 
     residents are age 65 or older, according to the most recent 
     5-year estimate of the American Community Survey of the 
     Bureau of the Census;
       ``(cc) is a county that, or is a county that includes a 
     site that--
       ``(AA) has been designated by the Secretary of Health and 
     Human Services as a health professional shortage area under 
     section 332(a) of the Public Health Service Act (42 U.S.C. 
     254e(a)) on the basis of a primary care or mental health care 
     shortage; and
       ``(BB) received a health professional shortage area score 
     for the most recent program year, with respect to primary 
     care or mental health care, that was not less than the lowest 
     minimum score, as designated by the Secretary of Health and 
     Human Services for that program year, necessary for the site 
     to be eligible for the assignment of National Health Service 
     Corps members providing primary care or mental health care, 
     respectively, for fulfillment of obligated service under the 
     National Health Service Corps Scholarship Program; or
       ``(dd) is a county with a population density of not more 
     than 20 persons per square mile of land area, based on the 
     most recent decennial census.''.
                                 ______
                                 
  SA 2243. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle D of title V of division D, insert 
     the following:

     SEC. 40543. LUKE AND ALEX SCHOOL SAFETY ACT OF 2021.

       (a) Short Title.--This section may be cited as the ``Luke 
     and Alex School Safety Act of 2021''.
       (b) Federal Clearinghouse on School Safety Best 
     Practices.--
       (1) In general.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by 
     inserting after section 2215 the following:

     ``SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST 
                   PRACTICES.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, in coordination with the 
     Secretary of Education, the Attorney General, and the 
     Secretary of Health and Human Services, shall establish a

[[Page S5634]]

     Federal Clearinghouse on School Safety Best Practices (in 
     this section referred to as the `Clearinghouse') within the 
     Department.
       ``(2) Purpose.--The Clearinghouse shall be the primary 
     resource of the Federal Government to identify and publish 
     online through SchoolSafety.gov, or any successor website, 
     the best practices and recommendations for school safety for 
     use by State and local educational agencies, institutions of 
     higher education, State and local law enforcement agencies, 
     health professionals, and the general public.
       ``(3) Personnel.--
       ``(A) Assignments.--The Clearinghouse shall be assigned 
     such personnel and resources as the Secretary considers 
     appropriate to carry out this section.
       ``(B) Detailees.--The Secretary of Education, the Attorney 
     General, and the Secretary of Health and Human Services may 
     detail personnel to the Clearinghouse.
       ``(4) Exemptions.--
       ``(A) Paperwork reduction act.--Chapter 35 of title 44, 
     United States Code (commonly known as the `Paperwork 
     Reduction Act') shall not apply to any rulemaking or 
     information collection required under this section.
       ``(B) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply for the 
     purposes of carrying out this section.
       ``(b) Clearinghouse Contents.--
       ``(1) Consultation.--In identifying the best practices and 
     recommendations for the Clearinghouse, the Secretary may 
     consult with appropriate Federal, State, local, Tribal, 
     private sector, and nongovernmental organizations.
       ``(2) Criteria for best practices and recommendations.--The 
     best practices and recommendations of the Clearinghouse 
     shall, at a minimum--
       ``(A) involve comprehensive school safety measures, 
     including threat prevention, preparedness, protection, 
     mitigation, incident response, and recovery to improve the 
     safety posture of a school upon implementation;
       ``(B) include any evidence or research rationale supporting 
     the determination of the Clearinghouse that the best practice 
     or recommendation under subparagraph (A) has been shown to 
     have a significant effect on improving the health, safety, 
     and welfare of persons in school settings, including--
       ``(i) relevant research that is evidence-based, as defined 
     in section 8101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7801), supporting the best practice or 
     recommendation;
       ``(ii) findings and data from previous Federal or State 
     commissions recommending improvements to the safety posture 
     of a school; or
       ``(iii) other supportive evidence or findings relied upon 
     by the Clearinghouse in determining best practices and 
     recommendations to improve the safety posture of a school 
     upon implementation; and
       ``(C) include information on Federal grant programs for 
     which implementation of each best practice or recommendation 
     is an eligible use for the program.
       ``(3) Past commission recommendations.--To the greatest 
     extent practicable, the Clearinghouse shall present, as 
     appropriate, Federal, State, local, Tribal, private sector, 
     and nongovernmental organization issued best practices and 
     recommendations and identify any best practice or 
     recommendation of the Clearinghouse that was previously 
     issued by any such organization or commission.
       ``(c) Assistance and Training.--The Secretary may produce 
     and publish materials on the Clearinghouse to assist and 
     train educational agencies and law enforcement agencies on 
     the implementation of the best practices and recommendations.
       ``(d) Continuous Improvement.--The Secretary shall--
       ``(1) collect for the purpose of continuous improvement of 
     the Clearinghouse--
       ``(A) Clearinghouse data analytics;
       ``(B) user feedback on the implementation of resources, 
     best practices, and recommendations identified by the 
     Clearinghouse; and
       ``(C) any evaluations conducted on implementation of the 
     best practices and recommendations of the Clearinghouse; and
       ``(2) in coordination with the Secretary of Education, the 
     Secretary of Health and Human Services, and the Attorney 
     General--
       ``(A) regularly assess and identify Clearinghouse best 
     practices and recommendations for which there are no 
     resources available through Federal Government programs for 
     implementation; and
       ``(B) establish an external advisory board, which shall be 
     comprised of appropriate State, local, Tribal, private 
     sector, and nongovernmental organizations, including 
     organizations representing parents of elementary and 
     secondary school students, to--
       ``(i) provide feedback on the implementation of best 
     practices and recommendations of the Clearinghouse; and
       ``(ii) propose additional recommendations for best 
     practices for inclusion in the Clearinghouse.
       ``(e) Parental Assistance.--The Clearinghouse shall produce 
     materials to assist parents and legal guardians of students 
     with identifying relevant Clearinghouse resources related to 
     supporting the implementation of Clearinghouse best practices 
     and recommendations.''.
       (2) Technical amendments.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by inserting after the item 
     relating to section 2215 the following:

``Sec. 2216. Federal Clearinghouse on School Safety Best Practices.''.
       (c) Notification of Clearinghouse.--
       (1) Notification by the secretary of education.--The 
     Secretary of Education shall provide written notification of 
     the publication of the Federal Clearinghouse on School Safety 
     Best Practices (referred to in this subsection and subsection 
     (d) as the ``Clearinghouse''), as required to be established 
     under section 2216 of the Homeland Security Act of 2002, as 
     added by subsection (b), to--
       (A) every State and local educational agency; and
       (B) other Department of Education partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Education.
       (2) Notification by the secretary of homeland security.--
     The Secretary of Homeland Security shall provide written 
     notification of the publication of the Clearinghouse, as 
     required to be established under section 2216 of the Homeland 
     Security Act of 2002, as added by subsection (b), to--
       (A) every State homeland security advisor;
       (B) every State department of homeland security; and
       (C) other Department of Homeland Security partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Secretary 
     of Homeland Security.
       (3) Notification by the secretary of health and human 
     services.--The Secretary of Health and Human Services shall 
     provide written notification of the publication of the 
     Clearinghouse, as required to be established under section 
     2216 of the Homeland Security Act of 2002, as added by 
     subsection (b), to--
       (A) every State department of public health; and
       (B) other Department of Health and Human Services partners 
     in the implementation of the best practices and 
     recommendations of the Clearinghouse, as determined 
     appropriate by the Secretary of Health and Human Services.
       (4) Notification by the attorney general.--The Attorney 
     General shall provide written notification of the publication 
     of the Clearinghouse, as required to be established under 
     section 2216 of the Homeland Security Act of 2002, as added 
     by subsection (b), to--
       (A) every State department of justice; and
       (B) other Department of Justice partners in the 
     implementation of the best practices and recommendations of 
     the Clearinghouse, as determined appropriate by the Attorney 
     General.
       (d) Grant Program Review.--
       (1) Federal grants and resources.--The Secretary of 
     Education, the Secretary of Homeland Security, the Secretary 
     of Health and Human Services, and the Attorney General shall 
     each--
       (A) review grant programs administered by their respective 
     agency and identify any grant program that may be used to 
     implement best practices and recommendations of the 
     Clearinghouse;
       (B) identify any best practices and recommendations of the 
     Clearinghouse for which there is not a Federal grant program 
     that may be used for the purposes of implementing the best 
     practice or recommendation as applicable to the agency; and
       (C) periodically report any findings under subparagraph (B) 
     to the appropriate committees of Congress.
       (2) State grants and resources.--The Clearinghouse shall, 
     to the extent practicable, identify, for each State--
       (A) each agency responsible for school safety in the State, 
     or any State that does not have such an agency designated;
       (B) any grant program that may be used for the purposes of 
     implementing best practices and recommendations of the 
     Clearinghouse; and
       (C) any resources other than grant programs that may be 
     used to assist in implementation of best practices and 
     recommendations of the Clearinghouse.
       (e) Rules of Construction.--
       (1) Waiver of requirements.--Nothing in this section or the 
     amendments made by this section shall be construed to create, 
     satisfy, or waive any requirement under--
       (A) title II of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12131 et seq.);
       (B) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
       (C) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.);
       (D) title IX of the Education Amendments of 1972 (20 U.S.C. 
     1681 et seq.); or
       (E) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.).
       (2) Prohibition on federally developed, mandated, or 
     endorsed curriculum.--Nothing in this section or the 
     amendments made by this section shall be construed to 
     authorize any officer or employee of the Federal Government 
     to engage in an activity otherwise prohibited under section 
     103(b) of the Department of Education Organization Act (20 
     U.S.C. 3403(b)).
                                 ______
                                 
  SA 2244. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684,

[[Page S5635]]

to authorize funds for Federal-aid highways, highway safety programs, 
and transit programs, and for other purposes; which was ordered to lie 
on the table; as follows:

        On page 446, strike line 12 and insert the following:
     any regard to any requirement under this section.
       ``(x) Certain Logging Vehicles.--
       ``(1) In general.--The Secretary shall waive, for a covered 
     logging vehicle, the application of any vehicle weight limit 
     established under this section.
       ``(2) Application of weight tolerances.--The waiver under 
     this subsection shall only apply with respect to a State 
     legal weight tolerance in effect on the date of enactment of 
     this subsection.
       ``(3) Definition of covered logging vehicle.--In this 
     subsection, the term `covered logging vehicle' means a 
     vehicle that--
       ``(A) is transporting raw or unfinished forest products, 
     including logs, pulpwood, biomass, or wood chips;
       ``(B) is traveling a distance of not more than 150 air 
     miles on the Interstate System from the point of origin to a 
     storage or processing facility; and
       ``(C) meets applicable State legal weight tolerances and 
     vehicle configurations for transporting raw or unfinished 
     forest products within the boundaries of each State in which 
     the vehicle is operating.''.
                                 ______
                                 
  SA 2245. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. ___. PROHIBITING THE CANCELLATION OF CERTAIN CONTRACTS 
                   FOR PHYSICAL BARRIERS AND OTHER BORDER SECURITY 
                   MEASURES.

        Notwithstanding any other provision of law, the Secretary 
     of Homeland Security and any other Federal official may not--
       (1) cancel, invalidate, or breach any contract for the 
     construction or improvement of any physical barrier along the 
     United States border or for any other border security 
     measures for which Federal funds have been obligated; or
       (2) obligate the use of Federal funds to pay any penalty 
     resulting from the cancellation of any contract described in 
     paragraph (1).
                                 ______
                                 
  SA 2246. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of division C, add the following:

     SEC. 300__. PUBLIC TRANSPORTATION PROJECTS.

       Section 5334 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(l) Projects and Assets That Are Uninstalled.--
     Notwithstanding any other provision of law, a recipient of 
     assistance under this chapter that uninstalls a project or 
     asset constructed or acquired with that assistance shall not 
     be required to reimburse the Secretary for any amounts 
     provided under this chapter for the project or asset.''.
                                 ______
                                 
  SA 2247. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

                DIVISION K--PROHIBITION ON USE OF FUNDS

     SEC. ___01. PROHIBITION ON USE OF FUNDS.

        No funding made available under a division of this Act or 
     an amendment made by a division of this Act may be used to 
     procure products or materials produced with forced labor.
                                 ______
                                 
  SA 2248. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. _____. OPEN NETWORK ARCHITECTURE.

       (a) Open Network Architecture Testbed.--
       (1) Definitions.--In this subsection--
       (A) the term ``Applied Research Open-RAN testbed'' means 
     the testbed established under paragraph (2);
       (B) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information; and
       (C) the term ``NTIA'' means the National Telecommunications 
     and Information Administration.
       (2) Establishment.--The Assistant Secretary shall establish 
     an applied research open network architecture testbed at the 
     Institute for Telecommunication Sciences of the NTIA to 
     develop and demonstrate network architectures and 
     applications, equipment integration and interoperability at 
     scale, including--
       (A) Open Radio Access Network (commonly known as ``Open-
     RAN'') technology;
       (B) Virtualized Radio Access Network (commonly known as 
     ``vRAN'') technology; and
       (C) cloud native technologies that replicate 
     telecommunications hardware as software-based virtual network 
     elements and functions.
       (3) Focus; considerations.--In establishing the Applied 
     Research Open-RAN testbed pursuant to this subsection, the 
     Assistant Secretary shall ensure that such testbed evaluates 
     issues related to deployment and operation of open network 
     architectures in rural areas.
       (4) Cooperative research and development agreements.--The 
     Assistant Secretary shall enter into cooperative research and 
     development agreements as appropriate to obtain equipment, 
     devices, and expertise for the Applied Research Open-RAN 
     testbed, in accordance with section 12 of the Stevenson-
     Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
       (5) Private sector contributions.--The Assistant Secretary 
     may accept private contributions to the Applied Research 
     Open-RAN testbed in the form of network equipment or devices 
     for testing purposes.
       (6) Partnership with government entities.--
       (A) Establishment.--In establishing the Applied Research 
     Open-RAN testbed, the Assistant Secretary shall--
       (i) consult with the Federal Communications Commission, 
     including with respect to ongoing work by the Commission to 
     develop other testbeds, including private sector testbeds, 
     related to Open-RAN technologies; and
       (ii) ensure that the work on the testbed is coordinated 
     with the responsibilities of the Assistant Secretary under 
     any relevant memorandum of understanding with the Federal 
     Communications Commission and the National Science Foundation 
     related to spectrum.
       (B) Operations.--In operating the Applied Research Open-RAN 
     testbed, the Assistant Secretary shall, in consultation with 
     the Federal Communications Commission, partner with--
       (i) the First Responder Network Authority of the NTIA (also 
     known as ``FirstNet'') and the Public Safety Communications 
     Research Division of the National Institute of Standards and 
     Technology to examine use cases and applications for Open-RAN 
     technologies in a public safety network;
       (ii) other Federal agencies, as appropriate to examine use 
     cases and applications for Open-RAN technologies in other 
     areas of interest to such agencies; and
       (iii) international partners, as appropriate.
       (7) Stakeholder input.--The Assistant Secretary shall seek 
     input from stakeholders regarding the establishment and 
     operation of the Applied Research Open-RAN testbed.
       (8) Implementation deadline.--Not later than 180 days after 
     the date of enactment of this Act, the Assistant Secretary 
     shall--
       (A) define metrics and parameters for the Applied Research 
     Open-RAN testbed, including functionality, project 
     configuration and capacity, performance, security 
     requirements, and quality assurance;
       (B) adopt any rules as necessary, in consultation with the 
     Federal Communications Commission; and
       (C) begin the development of the Applied Research Open-RAN 
     testbed, including seeking stakeholder input as required by 
     paragraph (7).
       (9) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report on the findings of the 
     testbed and any recommendations for additional legislative or 
     regulatory actions relating to the work of the testbed.
       (10) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated 
     for the administration of the Applied Research Open-RAN 
     testbed

[[Page S5636]]

     $20,000,000 for fiscal year 2022, to remain available until 
     expended.
       (B) Rule of construction.--Nothing in paragraph (6) shall 
     be construed to obligate FirstNet or any other Federal entity 
     to pay for the cost of the Applied Research Open-RAN testbed 
     established under this subsection in the absence of the 
     appropriation of amounts under this paragraph.
       (C) Authorization for voluntary support.--A Federal entity, 
     including FirstNet, may voluntarily enter into an agreement 
     with NTIA to provide monetary or nonmonetary support for the 
     Applied Research Open-RAN testbed.
       (b) Participation in Standards-setting Bodies.--
       (1) Definitions.--In this subsection--
       (A) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information;
       (B) the term ``eligible standards-setting body''--
       (i) means a standards-setting body, participation in which 
     may be funded by a grant awarded under paragraph (2), as 
     determined by the Assistant Secretary; and
       (ii) includes--

       (I) the 3rd Generation Partnership Project (commonly known 
     as ``3GPP'');
       (II) the Alliance for Telecommunications Industry Solutions 
     (commonly known as ``ATIS'');
       (III) the International Telecommunications Union (commonly 
     known as ``ITU'');
       (IV) the Institute for Electrical and Electronics Engineers 
     (commonly known as ``IEEE'');
       (V) the World Radiocommunications Conferences (commonly 
     known as the ``WRC'') of the ITU;
       (VI) the Internet Engineering Task Force (commonly known as 
     the ``IETF'');
       (VII) the International Organization for Standardization 
     (commonly known as the ``ISO'') and the International 
     Electrotechnical Commission (commonly known as the ``IEC'');
       (VIII) the O-RAN Alliance;
       (IX) the Telecommunications Industry Association (commonly 
     known as ``TIA''); and
       (X) any other standards-setting body identified under 
     paragraph (4);

       (C) the term ``Secretary'' means the Secretary of Commerce; 
     and
       (D) the term ``standards-setting body'' means an 
     international body that develops the standards for open 
     network architecture technologies.
       (2) Grant program.--
       (A) In general.--The Secretary, in collaboration with the 
     Assistant Secretary, shall award grants to private sector 
     entities based in the United States to participate in 
     eligible standards-setting bodies.
       (B) Prioritization.--The Secretary shall prioritize grants 
     awarded under this subsection to private sector entities that 
     would not otherwise be able to participate in eligible 
     standards-setting bodies without the grant.
       (3) Grant criteria.--Not later than 180 days after the date 
     on which amounts are appropriated under paragraph (5), the 
     Secretary, in collaboration with the Assistant Secretary, 
     shall establish criteria for the grants awarded under 
     paragraph (2).
       (4) Consultation with federal communications commission.--
     The Secretary shall consult with the Federal Communications 
     Commission in--
       (A) determining criteria for the grants awarded under 
     paragraph (2); and
       (B) determining which standards-setting bodies, if any, in 
     addition to the standards-setting bodies listed in paragraph 
     (1)(B)(ii) are eligible standards-setting bodies.
       (5) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated 
     for grants under paragraph (2) $30,000,000 in total for 
     fiscal years 2022 through 2025, to remain available until 
     expended.
       (B) Administrative costs.--The Secretary may use not more 
     than 2 percent of any funds appropriated under this paragraph 
     for the administration of the grant program established under 
     this subsection.
                                 ______
                                 
  SA 2249. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

 DIVISION __--LEGAL REFORMS UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT

     SEC. __. LEGAL REFORMS UNDER NEPA.

       (a) In General.--Title I of the National Environmental 
     Policy Act of 1969 is amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. LEGAL REFORM.

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(2) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(3) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(4) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(b) Judicial Review.--
       ``(1) Standing.--Notwithstanding any other provision of 
     law, a plaintiff may only bring a claim arising under Federal 
     law seeking judicial review of a portion of the NEPA process 
     if the plaintiff pleads facts that allege that the plaintiff 
     has personally suffered, or will likely personally suffer, a 
     direct, tangible harm as a result of the portion of the NEPA 
     process for which the plaintiff is seeking review.
       ``(2) Statute of limitations.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and except as provided in subparagraph (B)(ii), a claim 
     arising under Federal law seeking judicial review of any 
     portion of the NEPA process shall be barred unless it is 
     filed not later than the earlier of--
       ``(i) 150 days after the final agency action under the NEPA 
     process has been taken; and
       ``(ii) if applicable, an earlier date after which judicial 
     review is barred that is specified in the Federal law 
     pursuant to which the judicial review is allowed.
       ``(B) New information.--
       ``(i) Consideration.--A Federal agency shall consider for 
     the purpose of a supplemental environmental impact statement 
     new information received after the close of a comment period 
     if the information satisfies the requirements for a 
     supplemental environmental impact statement under the 
     regulations of the Federal agency.
       ``(ii) Statute of limitations based on new information.--If 
     a supplemental environmental impact statement is required 
     under the regulations of a Federal agency, a claim for 
     judicial review of the supplemental environmental impact 
     statement shall be barred unless it is filed not later than 
     the earlier of--

       ``(I) 150 days after the publication of a notice in the 
     Federal Register that the supplemental environmental impact 
     statement is final; and
       ``(II) if applicable, an earlier date after which judicial 
     review is barred that is specified in the Federal law 
     pursuant to which the judicial review is allowed.

       ``(C) Savings clause.--Nothing in this paragraph creates a 
     right to judicial review.
       ``(3) Remedies.--
       ``(A) Preliminary injunctions and temporary restraining 
     orders.--
       ``(i) In general.--Subject to clause (ii), in a motion for 
     a temporary restraining order or preliminary injunction 
     against a Federal agency or project sponsor in a claim 
     arising under Federal law seeking judicial review of any 
     portion of the NEPA process, the plaintiff shall establish by 
     clear and convincing evidence that--

       ``(I) the plaintiff is likely to succeed on the merits;
       ``(II) the plaintiff is likely to suffer irreparable harm 
     in the absence of the temporary restraining order or 
     preliminary injunction, as applicable;
       ``(III) the balance of equities is tipped in the favor of 
     the plaintiff; and
       ``(IV) the temporary restraining order or preliminary 
     injunction is in the public interest.

       ``(ii) Additional requirements.--A court may not grant a 
     motion described in clause (i) unless the court--

       ``(I) makes a finding of extraordinary circumstances that 
     warrant the granting of the motion;
       ``(II) considers the potential effects on public health, 
     safety, and the environment, and the potential for 
     significant negative effects on jobs resulting from granting 
     the motion; and
       ``(III) notwithstanding any other provision of law, applies 
     the requirements of Rule 65(c) of the Federal Rules of Civil 
     Procedure.

       ``(B) Permanent injunctions.--
       ``(i) In general.--Subject to clause (ii), in a motion for 
     a permanent injunction against a Federal agency or project 
     sponsor a claim arising under Federal law seeking judicial 
     review of any portion of the NEPA process, the plaintiff 
     shall establish by clear and convincing evidence that--

[[Page S5637]]

       ``(I) the plaintiff has suffered an irreparable injury;
       ``(II) remedies available at law, including monetary 
     damages, are inadequate to compensate for the injury;
       ``(III) considering the balance of hardship between the 
     plaintiff and defendant, a remedy in equity is warranted;
       ``(IV) the public interest is not disserved by a permanent 
     injunction; and
       ``(V) if the error or omission of a Federal agency in a 
     statement required under this title is the grounds for which 
     the plaintiff is seeking judicial review, the error or 
     omission is likely to result in specific, irreparable damage 
     to the environment.

       ``(ii) Additional showing.--A court may not grant a motion 
     described in clause (i) unless--

       ``(I) the court makes a finding that extraordinary 
     circumstances exist that warrant the granting of the motion; 
     and
       ``(II) the permanent injunction is--

       ``(aa) as narrowly tailored as possible to correct the 
     injury; and
       ``(bb) the least intrusive means necessary to correct the 
     injury.''.
       (b) Attorney Fees in Environmental Litigation.--
       (1) Administrative procedure.--Section 504(b)(1) of title 
     5, United States Code, is amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) `special factor' does not include knowledge, 
     expertise, or skill in environmental litigation.''.
       (2) United states as party.--Section 2412(d)(2) of title 
     28, United States Code, is amended--
       (A) in subparagraph (H), by striking ``and'' at the end;
       (B) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(J) `special factor' does not include knowledge, 
     expertise, or skill in environmental litigation.''.
                                 ______
                                 
  SA 2250. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

DIVISION __--PROJECT DELIVERY PROGRAMS UNDER THE NATIONAL ENVIRONMENTAL 
                               POLICY ACT

     SEC. __. PROJECT DELIVERY PROGRAMS.

       (a) In General.--Title I of the National Environmental 
     Policy Act of 1969 is amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. PROJECT DELIVERY PROGRAMS.

       ``(a) Definition of Agency Program.--In this section, the 
     term `agency program' means a project delivery program 
     established by a Federal agency under subsection (b)(1).
       ``(b) Establishment.--
       ``(1) In general.--The head of each Federal agency, 
     including the Secretary of Transportation, shall carry out a 
     project delivery program.
       ``(2) Assumption of responsibility.--
       ``(A) In general.--Subject to subparagraph (B), the head of 
     each Federal agency shall, on request of a State, enter into 
     a written agreement with the State, which may be in the form 
     of a memorandum of understanding, in which the head of each 
     Federal agency may assign, and the State may assume, the 
     responsibilities of the head of the Federal agency under this 
     title with respect to 1 or more projects within the State 
     that are under the jurisdiction of the Federal agency.
       ``(B) Exception.--The head of a Federal agency shall not 
     enter into a written agreement under subparagraph (A) if the 
     head of the Federal agency determines that the State is not 
     in compliance with the requirements described in subsection 
     (c)(4).
       ``(C) Additional responsibility.--If a State assumes 
     responsibility under subparagraph (A)--
       ``(i) the head of the Federal agency may assign to the 
     State, and the State may assume, all or part of the 
     responsibilities of the head of the Federal agency for 
     environmental review, consultation, or other action required 
     under any Federal environmental law pertaining to the review 
     or approval of a specific project;
       ``(ii) at the request of the State, the head of the Federal 
     agency may also assign to the State, and the State may 
     assume, the responsibilities of the head of the Federal 
     agency under this title with respect to 1 or more projects 
     within the State that are under the jurisdiction of the 
     Federal agency; but
       ``(iii) the head of the Federal agency may not assign 
     responsibility for any conformity determination required 
     under section 176 of the Clean Air Act (42 U.S.C. 7506).
       ``(D) Procedural and substantive requirements.--A State 
     shall assume responsibility under this section subject to the 
     same procedural and substantive requirements as would apply 
     if that responsibility were carried out by the Federal 
     agency.
       ``(E) Federal responsibility.--Any responsibility of a 
     Federal agency not explicitly assumed by the State by written 
     agreement under subparagraph (A) shall remain the 
     responsibility of the Federal agency.
       ``(F) No effect on authority.--Nothing in this section 
     preempts or interferes with any power, jurisdiction, 
     responsibility, or authority of an agency, other than the 
     Federal agency for which the written agreement applies, under 
     applicable law (including regulations) with respect to a 
     project.
       ``(G) Preservation of flexibility.--The head of the Federal 
     agency may not require a State, as a condition of 
     participation in the agency program of the Federal agency, to 
     forego project delivery methods that are otherwise 
     permissible for projects under applicable law.
       ``(H) Legal fees.--A State assuming the responsibilities of 
     a Federal agency under this section for a specific project 
     may use funds awarded to the State for that project for 
     attorneys' fees directly attributable to eligible activities 
     associated with the project.
       ``(c) State Participation.--
       ``(1) Participating states.--Except as provided in 
     subsection (b)(2)(B), all States are eligible to participate 
     in an agency program.
       ``(2) Application.--Not later than 270 days after the date 
     of enactment of this section, the head of each Federal agency 
     shall amend, as appropriate, regulations that establish 
     requirements relating to information required to be contained 
     in any application of a State to participate in the agency 
     program, including, at a minimum--
       ``(A) the projects or classes of projects for which the 
     State anticipates exercising the authority that may be 
     granted under the agency program;
       ``(B) verification of the financial resources necessary to 
     carry out the authority that may be granted under the agency 
     program; and
       ``(C) evidence of the notice and solicitation of public 
     comment by the State relating to participation of the State 
     in the agency program, including copies of comments received 
     from that solicitation.
       ``(3) Public notice.--
       ``(A) In general.--Each State that submits an application 
     under this subsection shall give notice of the intent of the 
     State to participate in an agency program not later than 30 
     days before the date of submission of the application.
       ``(B) Method of notice and solicitation.--The State shall 
     provide notice and solicit public comment under this 
     paragraph by publishing the complete application of the State 
     in accordance with the appropriate public notice law of the 
     State.
       ``(4) Selection criteria.--The head of a Federal agency may 
     approve the application of a State under this section only 
     if--
       ``(A) the regulatory requirements under paragraph (2) have 
     been met;
       ``(B) the head of the Federal agency determines that the 
     State has the capability, including financial and personnel, 
     to assume the responsibility; and
       ``(C) the head of the State agency having primary 
     jurisdiction over the project enters into a written agreement 
     with the head of the Federal agency as described in 
     subsection (d).
       ``(5) Other federal agency views.--If a State applies to 
     assume a responsibility of the Federal agency that would have 
     required the head of the Federal agency to consult with the 
     head of another Federal agency, the head of the Federal 
     agency shall solicit the views of the head of the other 
     Federal agency before approving the application.
       ``(d) Written Agreement.--A written agreement under 
     subsection (b)(2)(A) shall--
       ``(1) be executed by the Governor or the top-ranking 
     official in the State who is charged with responsibility for 
     the project;
       ``(2) be in such form as the head of the Federal agency may 
     prescribe;
       ``(3) provide that the State--
       ``(A) agrees to assume all or part of the responsibilities 
     of the Federal agency described in subparagraphs (A) and (C) 
     of subsection (b)(2);
       ``(B) expressly consents, on behalf of the State, to accept 
     the jurisdiction of the Federal courts for the compliance, 
     discharge, and enforcement of any responsibility of the 
     Federal agency assumed by the State;
       ``(C) certifies that State laws (including regulations) are 
     in effect that--
       ``(i) authorize the State to take the actions necessary to 
     carry out the responsibilities being assumed; and
       ``(ii) are comparable to section 552 of title 5, including 
     providing that any decision regarding the public availability 
     of a document under those State laws is reviewable by a court 
     of competent jurisdiction; and
       ``(D) agrees to maintain the financial resources necessary 
     to carry out the responsibilities being assumed;
       ``(4) require the State to provide to the head of the 
     Federal agency any information the head of the Federal agency 
     reasonably considers necessary to ensure that the State is 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(5) have a term of not more than 5 years; and

[[Page S5638]]

       ``(6) be renewable.
       ``(e) Jurisdiction.--
       ``(1) In general.--The United States district courts shall 
     have exclusive jurisdiction over any civil action against a 
     State for failure to carry out any responsibility of the 
     State under this section.
       ``(2) Legal standards and requirements.--A civil action 
     under paragraph (1) shall be governed by the legal standards 
     and requirements that would apply in such a civil action 
     against the head of a Federal agency had the head of the 
     Federal agency taken the actions in question.
       ``(3) Intervention.--The head of a Federal agency shall 
     have the right to intervene in any action described in 
     paragraph (1).
       ``(f) Effect of Assumption of Responsibility.--A State that 
     assumes responsibility under subsection (b)(2) shall be 
     solely responsible and solely liable for carrying out, in 
     lieu of and without further approval of the head of the 
     Federal agency, the responsibilities assumed under subsection 
     (b)(2), until the agency program is terminated under 
     subsection (k).
       ``(g) Limitations on Agreements.--Nothing in this section 
     permits a State to assume any rulemaking authority of the 
     head of a Federal agency under any Federal law.
       ``(h) Audits.--
       ``(1) In general.--To ensure compliance by a State with any 
     agreement of the State under subsection (d) (including 
     compliance by the State with all Federal laws for which 
     responsibility is assumed under subsection (b)(2)), for each 
     State participating in an agency program, the head of a 
     Federal agency shall--
       ``(A) not later than 180 days after the date of execution 
     of the agreement, meet with the State to review 
     implementation of the agreement and discuss plans for the 
     first annual audit;
       ``(B) conduct annual audits during each of the first 4 
     years of State participation; and
       ``(C) ensure that the time period for completing an annual 
     audit, from initiation to completion (including public 
     comment and responses to those comments), does not exceed 180 
     days.
       ``(2) Public availability and comment.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be provided to the public for comment.
       ``(B) Response.--Not later than 60 days after the date on 
     which the period for public comment ends, the head of the 
     Federal agency shall respond to public comments received 
     under subparagraph (A).
       ``(3) Audit team.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be carried out by an audit team determined by the head 
     of the Federal agency, in consultation with the State, in 
     accordance with subparagraph (B).
       ``(B) Consultation.--Consultation with the State under 
     subparagraph (A) shall include a reasonable opportunity for 
     the State to review and provide comments on the proposed 
     members of the audit team.
       ``(i) Monitoring.--After the fourth year of the 
     participation of a State in an agency program, the head of 
     the Federal agency shall monitor compliance by the State with 
     the written agreement, including the provision by the State 
     of financial resources to carry out the written agreement.
       ``(j) Report to Congress.--The head of each Federal agency 
     shall submit to Congress an annual report that describes the 
     administration of the agency program.
       ``(k) Termination.--
       ``(1) Termination by federal agency.--The head of a Federal 
     agency may terminate the participation of any State in the 
     agency program of the Federal agency if--
       ``(A) the head of the Federal agency determines that the 
     State is not adequately carrying out the responsibilities 
     assigned to the State;
       ``(B) the head of the Federal agency provides to the 
     State--
       ``(i) a notification of the determination of noncompliance;
       ``(ii) a period of not less than 120 days to take such 
     corrective action as the head of the Federal agency 
     determines to be necessary to comply with the applicable 
     agreement; and
       ``(iii) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under subparagraph 
     (A); and
       ``(C) the State, after the notification and period provided 
     under subparagraph (B), fails to take satisfactory corrective 
     action, as determined by the head of the Federal agency.
       ``(2) Termination by the state.--A State may terminate the 
     participation of the State in an agency program at any time 
     by providing to the head of the applicable Federal agency a 
     notice by not later than the date that is 90 days before the 
     date of termination, and subject to such terms and conditions 
     as the head of the Federal agency may provide.
       ``(l) Capacity Building.--The head of a Federal agency, in 
     cooperation with representatives of State officials, may 
     carry out education, training, peer-exchange, and other 
     initiatives as appropriate--
       ``(1) to assist States in developing the capacity to 
     participate in the agency program of the Federal agency; and
       ``(2) to promote information sharing and collaboration 
     among States that are participating in the agency program of 
     the Federal agency.
       ``(m) Relationship to Locally Administered Projects.--A 
     State granted authority under an agency program may, as 
     appropriate and at the request of a local government--
       ``(1) exercise that authority on behalf of the local 
     government for a locally administered project; or
       ``(2) provide guidance and training on consolidating and 
     minimizing the documentation and environmental analyses 
     necessary for sponsors of a locally administered project to 
     comply with this title and any comparable requirements under 
     State law.''.
       (b) Conforming Amendment.--Section 327 of title 23, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``The Secretary'' and 
     inserting ``Subject to subsection (m), the Secretary''; and
       (2) by adding at the end the following:
       ``(m) Sunset.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the authority provided by this section terminates on the date 
     of enactment of this subsection.
       ``(2) Existing agreements.--Subject to the requirements of 
     this section, the Secretary may continue to enforce any 
     agreement entered into under this section before the date of 
     enactment of this subsection.''.
                                 ______
                                 
  SA 2251. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

        DIVISION __--NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES

     SEC. ___. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. APPLICABLE TIMELINES.

       ``(a) Definitions.--In this section:
       ``(1) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(2) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(3) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(4) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(5) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(b) Applicable Timelines.--
       ``(1) NEPA process.--
       ``(A) In general.--The head of a Federal agency shall 
     complete the NEPA process for a proposed action of the 
     Federal agency, as described in subsection (a)(4)(B)(ii), not 
     later than 2 years after the date described in subsection 
     (a)(4)(B)(i).
       ``(B) Environmental documents.--Within the period described 
     in subparagraph (A), not later than 1 year after the date 
     described in subsection (a)(4)(B)(i), the head of the Federal 
     agency shall, with respect to the proposed action--
       ``(i) issue--

       ``(I) a finding that a categorical exclusion applies to the 
     proposed action; or
       ``(II) a finding of no significant impact; or

       ``(ii) publish a notice of intent to prepare an 
     environmental impact statement in the Federal Register.
       ``(C) Environmental impact statement.--If the head of a 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), within the period described in 
     subparagraph (A) and not later than 1 year after the date on 
     which the head of the Federal agency publishes the notice of 
     intent, the head of the Federal agency shall complete the 
     environmental impact statement and, if necessary, any 
     supplemental environmental impact statement for the proposed 
     action.
       ``(D) Penalties.--
       ``(i) Definitions.--In this subparagraph:

[[Page S5639]]

       ``(I) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(II) Federal agency.--The term `Federal agency' does not 
     include a State.
       ``(III) Final nepa compliance date.--The term `final NEPA 
     compliance date', with respect to a proposed action, means 
     the date by which the head of a Federal agency is required to 
     complete the NEPA process under subparagraph (A).
       ``(IV) Head of a federal agency.--The term `head of a 
     Federal agency' does not include the governor or head of a 
     State agency of a State.
       ``(V) Initial eis compliance date.--The term `initial EIS 
     compliance date', with respect to a proposed action for which 
     a Federal agency published a notice of intent described in 
     subparagraph (B)(ii), means the date by which an 
     environmental impact statement for that proposed action is 
     required to be completed under subparagraph (C).
       ``(VI) Initial nepa compliance date.--The term `initial 
     NEPA compliance date', with respect to a proposed action, 
     means the date by which the head of a Federal agency is 
     required to issue or publish a document described in 
     subparagraph (B) for that proposed action under that 
     subparagraph.
       ``(VII) Initial noncompliance determination.--The term 
     `initial noncompliance determination' means a determination 
     under clause (ii)(I)(bb) that the head of a Federal agency 
     has not complied with the requirements of subparagraph (A), 
     (B), or (C).

       ``(ii) Initial noncompliance.--

       ``(I) Determination.--

       ``(aa) Notification.--As soon as practicable after the date 
     described in subsection (a)(4)(B)(i) for a proposed action of 
     a Federal agency, the head of the Federal agency shall notify 
     the Director that the head of the Federal agency is beginning 
     the NEPA process for that proposed action.
       ``(bb) Determinations of compliance.--
       ``(AA) Initial determination.--As soon as practicable after 
     the initial NEPA compliance date for a proposed action, the 
     Director shall determine whether, as of the initial NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (B) for that proposed action.
       ``(BB) Environmental impact statement.--With respect to a 
     proposed action of a Federal agency in which the head of the 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), as soon as practicable after the 
     initial EIS compliance date for a proposed action, the 
     Director shall determine whether, as of the initial EIS 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (C) for that proposed action.
       ``(CC) Completion of nepa process.--As soon as practicable 
     after the final NEPA compliance date for a proposed action, 
     the Director shall determine whether, as of the final NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (A) for that proposed action.

       ``(II) Identification; penalty; notification.--If the 
     Director makes an initial noncompliance determination for a 
     proposed action--

       ``(aa) the Director shall identify the account for the 
     salaries and expenses of the office of the head of the 
     Federal agency, or an equivalent account;
       ``(bb) beginning on the day after the date on which the 
     Director makes the initial noncompliance determination, the 
     amount that the head of the Federal agency may obligate from 
     the account identified under item (aa) for the fiscal year 
     during which the determination is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(cc) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the initial noncompliance determination;
       ``(BB) the account identified under item (aa); and
       ``(CC) the reduction under item (bb).
       ``(iii) Continued noncompliance.--

       ``(I) Determination.--Every 90 days after the date of an 
     initial noncompliance determination, the Director shall 
     determine whether the head of the Federal agency has complied 
     with the applicable requirements of subparagraphs (A) through 
     (C) for the proposed action, until the date on which the 
     Director determines that the head of the Federal agency has 
     completed the NEPA process for the proposed action.
       ``(II) Penalty; notification.--For each determination made 
     by the Director under subclause (I) that the head of a 
     Federal agency has not complied with a requirement of 
     subparagraph (A), (B), or (C) for a proposed action--

       ``(aa) the amount that the head of the Federal agency may 
     obligate from the account identified under clause 
     (ii)(II)(aa) for the fiscal year during which the most recent 
     determination under subclause (I) is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(bb) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the determination under subclause (I); and
       ``(BB) the reduction under item (aa).
       ``(iv) Requirements.--

       ``(I) Amounts not restored.--A reduction in the amount that 
     the head of a Federal agency may obligate under clause 
     (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not 
     be restored for that fiscal year, without regard to whether 
     the head of a Federal agency completes the NEPA process for 
     the proposed action with respect to which the Director made 
     an initial noncompliance determination or a determination 
     under clause (iii)(I).
       ``(II) Required timelines.--The violation of subparagraph 
     (B) or (C), and any action carried out to remediate or 
     otherwise address the violation, shall not affect any other 
     applicable compliance date under subparagraph (A), (B), or 
     (C).

       ``(2) Authorizations and permits.--
       ``(A) In general.--Not later than 90 days after the date 
     described in subsection (a)(4)(B)(ii), the head of a Federal 
     agency shall issue--
       ``(i) any necessary permit or authorization to carry out 
     the proposed action; or
       ``(ii) a denial of the permit or authorization necessary to 
     carry out the proposed action.
       ``(B) Effect of failure to issue authorization or permit.--
     If a permit or authorization described in subparagraph (A) is 
     not issued or denied within the period described in that 
     subparagraph, the permit or authorization shall be considered 
     to be approved.
       ``(C) Denial of permit or authorization.--
       ``(i) In general.--If a permit or authorization described 
     in subparagraph (A) is denied, the head of the Federal agency 
     shall describe to the project sponsor--

       ``(I) the basis of the denial; and
       ``(II) recommendations for the project sponsor with respect 
     to how to address the reasons for the denial.

       ``(ii) Recommended changes.--If the project sponsor carries 
     out the recommendations of the head of the Federal agency 
     under clause (i)(II) and notifies the head of the Federal 
     agency that the recommendations have been carried out, the 
     head of the Federal agency--

       ``(I) shall decide whether to issue the permit or 
     authorization described in subparagraph (A) not later than 90 
     days after date on which the project sponsor submitted the 
     notification; and
       ``(II) shall not carry out the NEPA process with respect to 
     the proposed action again.''.

                                 ______
                                 
  SA 2252. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

 DIVISION __--AGENCY PROCESS REFORMS UNDER THE NATIONAL ENVIRONMENTAL 
                               POLICY ACT

     SEC. __. AGENCY PROCESS REFORMS UNDER NEPA.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. AGENCY PROCESS REFORMS.

       ``(a) Definitions.--In this section:
       ``(1) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       ``(2) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(3) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(4) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(5) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(6) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(b) Prohibitions.--In carrying out the NEPA process, the 
     head of a Federal agency may not--

[[Page S5640]]

       ``(1) consider an alternative to the proposed action if the 
     proposed action is not technically or economically feasible 
     to the project sponsor; or
       ``(2) consider an alternative to the proposed action that 
     is not within the jurisdiction of the Federal agency.
       ``(c) Environmental Documents.--
       ``(1) EIS required.--In carrying out the NEPA process for a 
     proposed action that requires the preparation of an 
     environmental impact statement, the head of a Federal agency 
     shall produce for the proposed action not more than 1--
       ``(A) environmental impact statement;
       ``(B) if necessary, environmental assessment; and
       ``(C) record of decision.
       ``(2) EIS not required.--In carrying out the NEPA process 
     for a proposed action that does not require the preparation 
     of an environmental impact statement, the head of a Federal 
     agency shall produce for the proposed action not more than 
     1--
       ``(A) environmental assessment; or
       ``(B) finding of no significant impact.
       ``(d) Categorical Exclusions.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and subject to paragraph (2), the head of a Federal 
     agency may, without further approval, use a categorical 
     exclusion under this title that has been approved by--
       ``(A)(i) another Federal agency; and
       ``(ii) the Council on Environmental Quality; or
       ``(B) an Act of Congress.
       ``(2) Requirements.--The head of a Federal agency may use a 
     categorical exclusion described in paragraph (1) if the head 
     of the Federal agency--
       ``(A) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       ``(B) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.
       ``(3) Extraordinary circumstances.--If the head of a 
     Federal agency determines that extraordinary circumstances 
     are present with respect to a proposed action, the head of 
     the Federal agency shall--
       ``(A) consider whether mitigating circumstances or other 
     conditions are sufficient to avoid significant effects of the 
     proposed action; and
       ``(B) if the head of the Federal agency determines that 
     those significant effects can be avoided, apply a categorical 
     exclusion to the proposed action.
       ``(e) Reuse of Work; Documents Prepared by Qualified 3rd 
     Parties; Unexpected Circumstances.--
       ``(1) In general.--In carrying out the NEPA process for a 
     proposed action--
       ``(A) subject to paragraph (2), the head of a Federal 
     agency shall--
       ``(i) use any applicable findings and research from a prior 
     NEPA process of any Federal agency; and
       ``(ii) incorporate the findings and research described in 
     clause (i) into any applicable analysis under the NEPA 
     process; and
       ``(B) a Federal agency may adopt as an environmental impact 
     statement, environmental assessment, or other environmental 
     document to achieve compliance with this title--
       ``(i) an environmental document prepared under the law of 
     the applicable State if the head of the Federal agency 
     determines that the environmental laws of the applicable 
     State--

       ``(I) provide the same level of environmental analysis as 
     the analysis required under this title; and
       ``(II) allow for the opportunity of public comment; or

       ``(ii) subject to paragraph (3), an environmental document 
     prepared by a qualified third party chosen by the project 
     sponsor, at the expense of the project sponsor, if the head 
     of the Federal agency--

       ``(I) provides oversight of the preparation of the 
     environmental document by the third party; and
       ``(II) independently evaluates the environmental document 
     for the compliance of the environmental document with this 
     title.

       ``(2) Requirement for the reuse of findings and research.--
     The head of a Federal agency may reuse the applicable 
     findings and research described in paragraph (1)(A) if--
       ``(A)(i) the project for which the head of the Federal 
     agency is seeking to reuse the findings and research was in 
     close geographic proximity to the proposed action; and
       ``(ii) the head of the Federal agency determines that the 
     conditions under which the applicable findings and research 
     were issued have not substantially changed; or
       ``(B)(i) the project for which the head of the Federal 
     agency is seeking to reuse the findings and research was not 
     in close geographic proximity to the proposed action; and
       ``(ii) the head of the Federal agency determines that the 
     proposed action has similar issues or decisions as the 
     project.
       ``(3) Requirements for creation of environmental document 
     by qualified 3rd parties.--
       ``(A) In general.--A qualified third party may prepare an 
     environmental document intended to be adopted by a Federal 
     agency as the environmental impact statement, environmental 
     assessment, or other environmental document for a proposed 
     action under paragraph (1)(B)(ii) if--
       ``(i) the project sponsor submits a written request to the 
     head of the applicable Federal agency that the head of the 
     Federal agency approve the qualified third party to create 
     the document intended to be adopted by a Federal agency as 
     the environmental impact statement, environmental assessment, 
     or other environmental document; and
       ``(ii) the head of the Federal agency determines that--

       ``(I) the third party is qualified to prepare the document; 
     and
       ``(II) the third party has no financial or other interest 
     in the outcome of the proposed action.

       ``(B) Deadline.--The head of a Federal agency that receives 
     a written request under subparagraph (A)(i) shall issue a 
     written decision approving or denying the request not later 
     than 30 days after the date on which the written request is 
     received.
       ``(C) No prior work.--The head of a Federal agency may not 
     adopt an environmental document under paragraph (1)(B)(ii) if 
     the qualified third party began preparing the document prior 
     to the date on which the head of the Federal agency issues 
     the written decision under subparagraph (B) approving the 
     request.
       ``(D) Denials.--If the head of a Federal agency issues a 
     written decision denying the request under subparagraph 
     (A)(i), the head of the Federal agency shall submit to the 
     project sponsor with the written decision the findings that 
     served as the basis of the denial.
       ``(4) Unexpected circumstances.--If, while carrying out a 
     proposed action after the completion of the NEPA process for 
     that proposed action, a Federal agency or project sponsor 
     encounters a new or unexpected circumstance or condition that 
     may require the reevaluation of the proposed action under 
     this title, the head of the Federal agency with 
     responsibility for carrying out the NEPA process for the 
     proposed action shall--
       ``(A) consider whether mitigating the new or unexpected 
     circumstance or condition is sufficient to avoid significant 
     effects that may result from the circumstance or condition; 
     and
       ``(B) if the head of the Federal agency determines under 
     subparagraph (A) that the significant effects that result 
     from the circumstance or condition can be avoided, mitigate 
     the circumstance or condition without carrying out the NEPA 
     process again.
       ``(f) Multi-Agency Projects.--
       ``(1) Definitions.--In this subsection:
       ``(A) Cooperating agency.--The term `cooperating agency' 
     means a Federal agency involved in a proposed action that--
       ``(i) is not the lead agency; and
       ``(ii) has the jurisdiction or special expertise such that 
     the Federal agency needs to be consulted--

       ``(I) to use a categorical exclusion; or
       ``(II) to prepare an environmental assessment or 
     environmental impact statement, as applicable.

       ``(B) Lead agency.--The term `lead agency' means the 
     Federal agency selected under paragraph (2)(A).
       ``(2) Agency designation.--
       ``(A) Lead agency.--In carrying out the NEPA process for a 
     proposed action that requires authorization from multiple 
     Federal agencies, the heads of the applicable Federal 
     agencies shall determine the lead agency for the proposed 
     action.
       ``(B) Invitation.--The head of the lead agency may invite 
     any relevant State, local, or Tribal agency with Federal 
     authorization decision responsibility to be a cooperating 
     agency.
       ``(3) Responsibilities of lead agency.--The lead agency for 
     a proposed action shall--
       ``(A) as soon as practicable and in consultation with the 
     cooperating agencies, determine whether a proposed action 
     requires the preparation of an environmental impact 
     statement; and
       ``(B) if the head of the lead agency determines under 
     subparagraph (A) that an environmental impact statement is 
     necessary--
       ``(i) be responsible for coordinating the preparation of an 
     environmental impact statement;
       ``(ii) provide cooperating agencies with an opportunity to 
     review and contribute to the preparation of the environmental 
     impact statement and environmental assessment, as applicable, 
     of the proposed action, except that the cooperating agency 
     shall limit comments to issues within the special expertise 
     or jurisdiction of the cooperating agency; and
       ``(iii) subject to subsection (b), as soon as practicable 
     and in consultation with the cooperating agencies, determine 
     the range of alternatives to be considered for the proposed 
     action.
       ``(4) Environmental documents.--In carrying out the NEPA 
     process for a proposed action, the lead agency shall prepare 
     not more than 1 of each type of document described in 
     paragraph (1) or (2) of subsection (c), as applicable--
       ``(A) in consultation with cooperating agencies; and
       ``(B) for all applicable Federal agencies.
       ``(5) Prohibitions.--
       ``(A) In general.--A cooperating agency may not evaluate an 
     alternative to the proposed action that has not been 
     determined to be within the range of alternatives considered 
     under paragraph (3)(B)(iii).
       ``(B) Omission.--If a cooperating agency submits to the 
     lead agency an evaluation of

[[Page S5641]]

     an alternative that does not meet the requirements of 
     subsection (b), the lead agency shall omit the alternative 
     from the environmental impact statement.
       ``(g) Reports.--
       ``(1) NEPA data.--
       ``(A) In general.--The head of each Federal agency that 
     carries out the NEPA process shall carry out a process to 
     track, and annually submit to Congress a report containing, 
     the information described in subparagraph (B).
       ``(B) Information described.--The information referred to 
     in subparagraph (A) is, with respect to the Federal agency 
     issuing the report under that subparagraph--
       ``(i) the number of proposed actions for which a 
     categorical exclusion was issued during the reporting period;
       ``(ii) the length of time the Federal agency took to issue 
     the categorical exclusions described in clause (i);
       ``(iii) the number of proposed actions pending on the date 
     on which the report is submitted for which the issuance of a 
     categorical exclusion is pending;
       ``(iv) the number of proposed actions for which an 
     environmental assessment was issued during the reporting 
     period;
       ``(v) the length of time the Federal agency took to 
     complete each environmental assessment described in clause 
     (iv);
       ``(vi) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     assessment is being drafted;
       ``(vii) the number of proposed actions for which an 
     environmental impact statement was issued during the 
     reporting period;
       ``(viii) the length of time the Federal agency took to 
     complete each environmental impact statement described in 
     clause (vii); and
       ``(ix) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     impact statement is being drafted.
       ``(2) NEPA costs.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Chair of the Council on 
     Environmental Quality and the Director of the Office of 
     Management and Budget shall jointly develop a methodology to 
     assess the comprehensive costs of the NEPA process.
       ``(B) Requirements.--The head of each Federal agency that 
     carries out the NEPA process shall--
       ``(i) adopt the methodology developed under subparagraph 
     (A); and
       ``(ii) use the methodology developed under subparagraph (A) 
     to annually submit to Congress a report describing--

       ``(I) the comprehensive cost of the NEPA process for each 
     proposed action that was carried out within the reporting 
     period; and
       ``(II) for a proposed action for which the head of the 
     Federal agency is still completing the NEPA process at the 
     time the report is submitted--

       ``(aa) the amount of money expended to date to carry out 
     the NEPA process for the proposed action; and
       ``(bb) an estimate of the remaining costs before the NEPA 
     process for the proposed action is complete.''.
                                 ______
                                 
  SA 2253. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

 DIVISION __--REQUIRED REPORTS UNDER THE NATIONAL ENVIRONMENTAL POLICY 
                                  ACT

     SEC. __. REQUIRED REPORTS UNDER NEPA.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. REQUIRED REPORTS.

       ``(a) Definitions.--In this section:
       ``(1) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.1 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       ``(2) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(3) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(4) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(5) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(6) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.
       ``(b) Reports.--
       ``(1) NEPA data.--
       ``(A) In general.--The head of each Federal agency that 
     carries out the NEPA process shall carry out a process to 
     track, and annually submit to Congress a report containing, 
     the information described in subparagraph (B).
       ``(B) Information described.--The information referred to 
     in subparagraph (A) is, with respect to the Federal agency 
     issuing the report under that subparagraph--
       ``(i) the number of proposed actions for which a 
     categorical exclusion was issued during the reporting period;
       ``(ii) the length of time the Federal agency took to issue 
     the categorical exclusions described in clause (i);
       ``(iii) the number of proposed actions pending on the date 
     on which the report is submitted for which the issuance of a 
     categorical exclusion is pending;
       ``(iv) the number of proposed actions for which an 
     environmental assessment was issued during the reporting 
     period;
       ``(v) the length of time the Federal agency took to 
     complete each environmental assessment described in clause 
     (iv);
       ``(vi) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     assessment is being drafted;
       ``(vii) the number of proposed actions for which an 
     environmental impact statement was issued during the 
     reporting period;
       ``(viii) the length of time the Federal agency took to 
     complete each environmental impact statement described in 
     clause (vii); and
       ``(ix) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     impact statement is being drafted.
       ``(2) NEPA costs.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Chair of the Council on 
     Environmental Quality and the Director of the Office of 
     Management and Budget shall jointly develop a methodology to 
     assess the comprehensive costs of the NEPA process.
       ``(B) Requirements.--The head of each Federal agency that 
     carries out the NEPA process shall--
       ``(i) adopt the methodology developed under subparagraph 
     (A); and
       ``(ii) use the methodology developed under subparagraph (A) 
     to annually submit to Congress a report describing--

       ``(I) the comprehensive cost of the NEPA process for each 
     proposed action that was carried out within the reporting 
     period; and
       ``(II) for a proposed action for which the head of the 
     Federal agency is still completing the NEPA process at the 
     time the report is submitted--

       ``(aa) the amount of money expended to date to carry out 
     the NEPA process for the proposed action; and
       ``(bb) an estimate of the remaining costs before the NEPA 
     process for the proposed action is complete.''.
                                 ______
                                 
  SA 2254. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Empowerment Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.

                        TITLE I--HIGHWAY FUNDING

Sec. 101. Authorization of appropriations.
Sec. 102. Federalization and defederalization of projects.
Sec. 103. Reporting requirements.
Sec. 104. Funding limitation.
Sec. 105. Reports; certification.

             TITLE II--FEDERAL-AID HIGHWAY PROGRAM REFORMS

Sec. 201. Definitions.
Sec. 202. Federal-aid system.
Sec. 203. Apportionment.
Sec. 204. Additional deposits in Highway Trust Fund.
Sec. 205. Project approval and oversight.

[[Page S5642]]

Sec. 206. Standards.
Sec. 207. Nationally significant freight and highway projects.
Sec. 208. National highway performance program.
Sec. 209. Federal share payable.
Sec. 210. Emergency relief.
Sec. 211. Transferability of Federal-aid highway funds.
Sec. 212. Toll roads, bridges, tunnels, and ferries.
Sec. 213. Railway-highway crossings.
Sec. 214. Surface transportation block grant program.
Sec. 215. Metropolitan transportation planning.
Sec. 216. Control of junkyards.
Sec. 217. Enforcement of requirements.
Sec. 218. Public transportation.
Sec. 219. Highway use tax evasion projects.
Sec. 220. National bridge and tunnel inventory and inspection 
              standards.
Sec. 221. Carpool and vanpool projects.
Sec. 222. Construction of ferry boats and ferry terminal facilities.
Sec. 223. Highway safety improvement program.
Sec. 224. Repeal of congestion mitigation and air quality improvement 
              program.
Sec. 225. National goals and performance measures.
Sec. 226. National electric vehicle charging and hydrogen, propane, and 
              natural gas fueling corridors.
Sec. 227. Hazard elimination program.
Sec. 228. National scenic byways program.
Sec. 229. National highway freight program.
Sec. 230. Recreational trails program.
Sec. 231. Bicycle transportation and pedestrian walkways.
Sec. 232. Alaska highway.
Sec. 233. Conforming amendments.

            TITLE III--HIGHWAY TRUST FUND AND RELATED TAXES

                Subtitle A--Highway Trust Fund Authority

Sec. 301. Extension of Highway Trust Fund expenditure authority.
Sec. 302. Termination of Mass Transit Account.
Sec. 303. Transfer of unused COVID-19 appropriations to the Highway 
              Trust Fund.
Sec. 304. Termination of employee retention credit for employers 
              subject to closure due to COVID-19.
Sec. 305. Transfer of unused Coronavirus State and Local Fiscal 
              Recovery Funds to the Highway Trust Fund.

                   Subtitle B--Highway Related Taxes

Sec. 311. Reduction in taxes on gasoline, diesel fuel, kerosene, and 
              special fuels funding Highway Trust Fund.
Sec. 312. Extension of highway-related taxes.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the objective of the Federal highway program has been 
     to facilitate the construction of a modern freeway system 
     that promotes efficient interstate commerce by connecting all 
     States;
       (2) the objective described in paragraph (1) has been 
     attained, and the Interstate System connecting all States is 
     near completion;
       (3) each State has the responsibility of providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate a network 
     of transportation systems, including highways, that best 
     serves the needs of the State;
       (5) each State is best capable of determining the needs of 
     the State and acting on those needs;
       (6) the Federal role in highway transportation has, over 
     time, usurped the role of the States by taxing motor fuels 
     used in the States and then distributing the proceeds to the 
     States based on the perceptions of the Federal Government on 
     what is best for the States;
       (7) the Federal Government has used the Federal motor fuels 
     tax revenues to force all States to take actions that are not 
     necessarily appropriate for individual States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;
       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise undertake; and
       (10) Congress has expressed a strong interest in reducing 
     the role of the Federal Government by allowing each State to 
     manage its own affairs.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide a new policy blueprint to govern the Federal 
     role in transportation once existing and prior financial 
     obligations are met;
       (2) to return to the individual States maximum 
     discretionary authority and fiscal responsibility for all 
     elements of the national surface transportation systems that 
     are not within the direct purview of the Federal Government;
       (3) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (4) to preserve the responsibility of the Department of 
     Transportation for--
       (A) design, construction, and preservation of 
     transportation facilities on Federal public land;
       (B) national programs of transportation research and 
     development and transportation safety; and
       (C) emergency assistance to the States in response to 
     natural disasters;
       (5) to eliminate to the maximum extent practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (6) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

                        TITLE I--HIGHWAY FUNDING

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--
       (1) Authorization of appropriations.--The following sums 
     are authorized to be appropriated out of the Highway Trust 
     Fund:
       (A) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the surface transportation block grant program 
     under section 133 of that title, the highway safety 
     improvement program under section 148 of that title, and the 
     national highway freight program under section 167 of that 
     title $18,450,000,000 for each of fiscal years 2022 through 
     2026.
       (B) Emergency relief.--For emergency relief under section 
     125 of title 23, United States Code, $100,000,000 for each of 
     fiscal years 2022 through 2026.
       (C) Federal lands programs.--
       (i) Federal lands transportation program.--For the Federal 
     lands transportation program under section 203 of title 23, 
     United States Code, $300,000,000 for each of fiscal years 
     2022 through 2026, of which--

       (I) $240,000,000 of the amount made available for each 
     fiscal year shall be the amount for the National Park 
     Service; and
       (II) $30,000,000 of the amount made available for each 
     fiscal year shall be the amount for the United States Fish 
     and Wildlife Service.

       (ii) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code, $250,000,000 for each of fiscal years 2022 through 
     2026.
       (b) Funding for Highway Research and Development Program.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund to carry out 
     section 503(b) of title 23, United States Code, $115,000,000 
     for each of fiscal years 2022 through 2026.
       (2) Applicability of title 23, united states code.--Funds 
     authorized to be appropriated by paragraph (1) shall--
       (A) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share of the cost 
     of a project or activity carried out using those funds shall 
     be 80 percent, unless otherwise expressly provided by this 
     Act (including the amendments by this Act); and
       (B) remain available until expended and not be 
     transferable.

     SEC. 102. FEDERALIZATION AND DEFEDERALIZATION OF PROJECTS.

       Notwithstanding any other provision of law, beginning on 
     October 1, 2021--
       (1) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project unless and until a State expends Federal 
     funds for the construction portion of the project;
       (2) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project solely by reason of the expenditure of 
     Federal funds by a State before the construction phase of the 
     project to pay expenses relating to the project, including 
     for any environmental document or design work required for 
     the project; and
       (3)(A) a State may, after having used Federal funds to pay 
     all or a portion of the costs of a highway construction or 
     improvement project, reimburse the Federal Government in an 
     amount equal to the amount of Federal funds so expended; and
       (B) after completion of a reimbursement described in 
     subparagraph (A), a highway construction or improvement 
     project described in that subparagraph shall no longer be 
     considered to be a Federal highway construction or 
     improvement project.

     SEC. 103. REPORTING REQUIREMENTS.

       No reporting requirement, other than a reporting 
     requirement in effect as of the date of enactment of this 
     Act, shall apply on or after October 1, 2021, to the use of 
     Federal funds for highway projects by a public-private 
     partnership.

     SEC. 104. FUNDING LIMITATION.

       Notwithstanding any other provision of law, if the 
     Secretary of Transportation determines for any of fiscal 
     years 2022 through 2026 that the aggregate amount required to 
     carry out transportation programs and projects under this Act 
     and the amendments made by this Act exceeds the estimated 
     aggregate amount in the Highway Trust Fund available for 
     those programs and projects for the fiscal year, each amount 
     made available for that program or project shall be reduced 
     by the pro rata percentage required to reduce the aggregate 
     amount required to carry

[[Page S5643]]

     out those programs and projects to an amount equal to the 
     amount available for those programs and projects in the 
     Highway Trust Fund for the fiscal year.

     SEC. 105. REPORTS; CERTIFICATION.

       (a) Report on Existing Obligations.--
       (1) In general.--The Director of the Office of Management 
     and Budget (referred to in this section as the ``Director''), 
     in consultation with the Secretary of Transportation, shall 
     develop and submit to Congress a 5-year plan for the use of 
     revenue deposited in the Highway Trust Fund to pay for unpaid 
     obligations under Federal-aid highway programs (as in effect 
     before the date of enactment of this Act) incurred before the 
     date of enactment of this Act.
       (2) Requirement.--In developing the plan under paragraph 
     (1), the Director shall, to the maximum extent practicable, 
     balance payments for new Federal-aid highway projects with 
     continued payment of unpaid obligations described in 
     paragraph (1).
       (b) Annual Reports.--Not less frequently than annually, the 
     Director shall submit to Congress a report that includes--
       (1) a description of the remaining balance of unpaid 
     obligations under Federal-aid highway programs (as in effect 
     before the date of enactment of this Act) incurred before the 
     date of enactment of this Act; and
       (2) a status update on the progress made toward achieving 
     the goals of the 5-year plan developed under subsection (a).
       (c) Certification.--On the date that the Director 
     determines that there are no remaining unpaid obligations 
     under Federal-aid highway programs (as in effect before the 
     date of enactment of this Act) incurred before the date of 
     enactment of this Act, the Director shall submit to Congress 
     a certification that there are no such remaining unpaid 
     obligations.

             TITLE II--FEDERAL-AID HIGHWAY PROGRAM REFORMS

     SEC. 201. DEFINITIONS.

       Section 101(a) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (6) and inserting the following:
       ``(6) Federal-aid highway.--The term `Federal-aid highway' 
     means a highway on the Interstate System eligible for 
     assistance under this chapter.'';
       (2) in paragraph (12), by striking ``section 103(c)'' and 
     inserting ``section 103(b)'';
       (3) by striking paragraph (16); and
       (4) by redesignating paragraphs (17) through (34) as 
     paragraphs (16) through (33), respectively.

     SEC. 202. FEDERAL-AID SYSTEM.

       (a) In General.--Section 103(a) of title 23, United States 
     Code, is amended by striking ``the National Highway System, 
     which includes''.
       (b) Conforming Amendments.--
       (1) Section 103 of title 23, United States Code, is 
     amended--
       (A) by striking the section designation and heading and 
     inserting the following:

     ``Sec. 103. Federal-aid system'';

       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (2) Section 127(f) of title 23, United States Code, is 
     amended by striking ``section 103(c)(4)(A)'' and inserting 
     ``section 103(b)(4)(A)''.
       (3) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 103 
     and inserting the following:

``103. Federal-aid system.''.

     SEC. 203. APPORTIONMENT.

       Section 104 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund for each of fiscal years 2022 
     through 2026, to be made available to the Secretary for 
     administrative expenses of the Federal Highway 
     Administration, an amount equal to 1 percent of the amounts 
     made available for programs under this title for the fiscal 
     year.''; and
       (B) in paragraph (2)(B), by striking ``the Appalachian 
     development highway system'' and inserting ``the portions of 
     the Appalachian Development Highway System on the Interstate 
     System'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``the congestion mitigation and air quality improvement 
     program, the national highway freight program, and to carry 
     out section 134'' and inserting ``and the national highway 
     freight program'';
       (B) in each of paragraphs (1), (2), and (3), by striking 
     ``paragraphs (4), (5), and (6)'' and inserting ``paragraph 
     (4)'';
       (C) by striking paragraph (4);
       (D) by redesignating paragraph (5) as paragraph (4);
       (E) in paragraph (4) (as so redesignated)--
       (i) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Total amount.--The total amount set aside for the 
     national highway freight program for all States shall be 3.5 
     percent of the amounts made available for programs under this 
     title for each of fiscal years 2022 through 2026.''; and
       (ii) by striking subparagraph (D); and
       (F) by striking paragraph (6);
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``fiscal years 2016 through 2020'' and inserting ``fiscal 
     years 2022 through 2026'';
       (ii) in subparagraph (A)--

       (I) by striking clause (i) and inserting the following:

       ``(i) the base apportionment; by''; and

       (II) in clause (ii)(I), by striking ``fiscal year 2015'' 
     and inserting ``fiscal year 2021''; and

       (iii) in subparagraph (B), by striking ``(other than the 
     Mass Transit Account)''; and
       (B) in paragraph (2)--
       (i) by striking ``fiscal years 2016 through 2020'' and 
     inserting ``fiscal years 2022 through 2026''; and
       (ii) by striking ``the congestion mitigation and air 
     quality improvement program under section 149, the national 
     highway freight program under section 167, and to carry out 
     section 134'' and inserting ``and the national highway 
     freight program under section 167'';
       (4) by striking subsections (d) and (h);
       (5) by redesignating subsections (e) through (g) as 
     subsections (d) through (f), respectively;
       (6) by striking subsection (e) (as so redesignated) and 
     inserting the following:
       ``(e) Transferability of Funds.--
       ``(1) In general.--To the extent that a State determines 
     that funds made available under this title to the State for a 
     purpose are in excess of the needs of the State for that 
     purpose, the State may transfer the excess funds to, and use 
     the excess funds for, any surface transportation (including 
     public transportation and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines that a 
     State has transferred funds under paragraph (1) to a purpose 
     that is not a surface transportation purpose as described in 
     paragraph (1), the amount of the improperly transferred funds 
     shall be deducted from any amount the State would otherwise 
     receive from the Highway Trust Fund for the fiscal year that 
     begins after the date of the determination.''; and
       (7) by striking subsection (i) and inserting the following:
       ``(g) Base Apportionment Defined.--In this section, the 
     term `base apportionment' means the combined amount 
     authorized for appropriation for the national highway 
     performance program under section 119, the surface 
     transportation block grant program under section 133, the 
     highway safety improvement program under section 148, and the 
     national highway freight program under section 167.''.

     SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY TRUST FUND.

       (a) In General.--Section 105 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105.

     SEC. 205. PROJECT APPROVAL AND OVERSIGHT.

       Section 106 of title 23, United States Code, is amended--
       (1) in subsection (c)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--For any project under this title, the 
     State may assume the responsibilities of the Secretary under 
     this title for design, plans, specifications, estimates, 
     contract awards, and inspections with respect to the project, 
     unless the Secretary determines that the assumption is not 
     appropriate.''; and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively;
       (2) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``this section, section 133, or section 
     149'' and inserting ``this section or section 133'';
       (3) in subsection (e)(2)--
       (A) in subparagraph (A), by striking ``the National Highway 
     System'' and inserting ``the Interstate System''; and
       (B) in subparagraph (B), by striking ``the National Highway 
     System'' and inserting ``the Interstate System''; and
       (4) in subsection (h)(3)(C), in the second sentence, by 
     striking ``statewide and metropolitan planning requirements 
     in sections 134 and 135'' and inserting ``statewide planning 
     requirements under section 135''.

     SEC. 206. STANDARDS.

       (a) In General.--Section 109 of title 23, United States 
     Code, is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsections (d) through (n) as 
     subsections (c) through (m), respectively;
       (3) by striking subsection (o);
       (4) by redesignating subsections (p) through (r) as 
     subsections (n) through (p), respectively; and
       (5) in subsection (n) (as so redesignated), in the matter 
     preceding paragraph (1), by striking ``Notwithstanding 
     subsections (b) and (c), the Secretary may approve a project 
     for the National Highway System'' and inserting 
     ``Notwithstanding subsection (b), the Secretary may approve a 
     project for the Interstate System''.
       (b) Technical and Conforming Amendments.--Section 112 of 
     title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(F), by striking ``(F)(F) Subparagraphs 
     (B), (C), (D), and (E) herein'' and inserting the following:
       ``(F) Limitation.--Subparagraphs (B) through (E)''; and
       (B) in paragraph (4)(C)(iv)(II), by striking ``section 
     109(r)'' and inserting ``section 109(p)''; and

[[Page S5644]]

       (2) in subsection (g)(2)(B), by striking ``section 
     109(e)(2)'' and inserting ``section 109(d)(2)''.

     SEC. 207. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY 
                   PROJECTS.

       Section 117 of title 23, United States Code, is amended--
       (1) by striking subsection (d) and inserting the following:
       ``(d) Eligible Projects.--Except as provided in subsection 
     (e), the Secretary may make a grant under this section only 
     for a project that--
       ``(1) is--
       ``(A) a highway freight project carried out on the National 
     Highway Freight Network established under section 167;
       ``(B) a highway or bridge project carried out on the 
     Interstate System, including a project to add capacity to the 
     Interstate System to improve mobility; or
       ``(C) a railway-highway grade crossing or grade separation 
     project on the Interstate System; and
       ``(2) has eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(A) $100,000,000; and
       ``(B) in the case of a project--
       ``(i) located in 1 State, 30 percent of the amount 
     apportioned under this chapter to the State in the most 
     recently completed fiscal year; or
       ``(ii) located in more than 1 State, 50 percent of the 
     amount apportioned under this chapter to the participating 
     State with the largest apportionment under this chapter in 
     the most recently completed fiscal year.'';
       (2) in subsection (e)(1), by striking ``described in 
     subsection (d)(1)(A) that do not satisfy the minimum 
     threshold under subsection (d)(1)(B)'' and inserting 
     ``described in subsection (d)(1) that do not satisfy the 
     minimum threshold under subsection (d)(2)'';
       (3) by striking subsections (k) and (l);
       (4) by redesignating subsections (m) and (n) as subsections 
     (k) and (l), respectively; and
       (5) in paragraph (1) of subsection (k) (as so 
     redesignated)--
       (A) by striking subparagraph (B); and
       (B) in subparagraph (A)--
       (i) in the first sentence, by striking ``At least 60 days'' 
     and inserting ``Not less than 60 days''; and
       (ii) in the second sentence, by striking ``The 
     notification'' and inserting the following:
       ``(B) Inclusions.--Each notification under subparagraph 
     (A)''.

     SEC. 208. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

       Section 119 of title 23, United States Code, is amended--
       (1) in subsection (b), by striking ``the National Highway 
     System'' each place it appears and inserting ``the Interstate 
     System'';
       (2) in subsection (c), by striking ``the National Highway 
     System, as defined in section 103'' and inserting ``the 
     Interstate System'';
       (3) in subsection (d)--
       (A) by striking ``the National Highway System'' each place 
     it appears and inserting ``the Interstate System'';
       (B) in paragraph (1)(B), by striking ``sections 134 and 
     135'' and inserting ``section 135''; and
       (C) in paragraph (2)--
       (i) by striking subparagraphs (F) through (H);
       (ii) by redesignating subparagraphs (I) through (L) as 
     subparagraphs (F) through (I), respectively; and
       (iii) by striking subparagraphs (M) through (P);
       (4) in subsection (e), by striking ``the National Highway 
     System'' each place it appears and inserting ``the Interstate 
     System'';
       (5) in subsection (f)--
       (A) in the subsection heading, by striking ``and NHS''; and
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``NHS'' and 
     inserting ``Interstate system''; and
       (ii) by striking ``the National Highway System'' each place 
     it appears and inserting ``the Interstate System'';
       (6) by striking subsections (g) through (i); and
       (7) by redesignating subsection (j) as subsection (g).

     SEC. 209. FEDERAL SHARE PAYABLE.

       Section 120 of title 23, United States Code, is amended--
       (1) by striking subsection (b);
       (2) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively;
       (3) in subsection (b) (as so redesignated)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraph (3) as paragraph (2); and
       (C) in paragraph (2) (as so redesignated)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``paragraph (1), (2), (5)(D), or (6) of 
     section 104(b)'' and inserting ``paragraph (1) or (2) of 
     section 104(b)''; and
       (ii) in subparagraph (C)(i), by striking ``paragraphs (1), 
     (2), (5)(D), and (6) of section 104(b)'' and inserting 
     ``paragraphs (1) and (2) of section 104(b)'';
       (4) in subsection (c) (as so redesignated), in the first 
     sentence, by striking ``lands referred to in subsections (a) 
     and (b) of this section'' and inserting ``land referred to in 
     subsection (a)'';
       (5) in subsection (d) (as so redesignated), in the matter 
     preceding paragraph (1)--
       (A) by striking ``, including the Interstate System,''; and
       (B) by striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a)'';
       (6) by striking subsection (g); and
       (7) by redesignating subsections (h) through (k) as 
     subsections (g) through (j), respectively.

     SEC. 210. EMERGENCY RELIEF.

       Section 125 of title 23, United States Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``highways, roads, and trails,'' and 
     inserting ``highways on the Interstate System'';
       (2) in subsection (c)(1), by striking ``(other than the 
     Mass Transit Account)'';
       (3) in subsection (d)--
       (A) in paragraph (3)(C), by inserting ``(as in effect on 
     the day before the date of enactment of the Transportation 
     Empowerment Act)'' after ``subsection (e)(1)''; and
       (B) by striking paragraph (5);
       (4) by striking subsections (e) and (f); and
       (5) by redesignating subsection (g) as subsection (e).

     SEC. 211. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

       (a) In General.--Section 126 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 126.

     SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

       (a) In General.--Section 129 of title 23, United States 
     Code, is amended--
       (1) by striking subsections (b) and (c);
       (2) in subsection (a)--
       (A) by striking ``(a) Basic program.--''; and
       (B) by redesignating paragraphs (1) through (10) as 
     subsections (a) through (j), respectively, and indenting 
     appropriately;
       (3) in subsection (a) (as so redesignated)--
       (A) by striking subparagraphs (B) and (F);
       (B) by redesignating subparagraphs (A), (C), (D), (E), (G), 
     (H), and (I) as paragraphs (1) through (7), respectively, and 
     indenting appropriately;
       (C) in paragraph (1) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel'' each place it 
     appears;
       (D) in paragraph (3) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel'' each place it 
     appears;
       (E) in paragraph (4) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel'' each place it 
     appears;
       (F) in paragraph (6) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel''; and
       (G) in paragraph (7), by striking ``this paragraph'' and 
     inserting ``this subsection'';
       (4) in subsection (b) (as so redesignated)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``this subsection'' and inserting ``this section''; and
       (B) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately;
       (5) in subsection (c) (as so redesignated)--
       (A) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively, and indenting 
     appropriately;
       (B) in paragraph (1) (as so redesignated), by redesignating 
     clauses (i) through (v) as subparagraphs (A) through (E), 
     respectively, and indenting appropriately;
       (C) in paragraph (2) (as so redesignated)--
       (i) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting appropriately; and
       (ii) in subparagraph (A) (as so redesignated), by striking 
     ``subparagraph (A)'' and inserting ``paragraph (1)''; and
       (D) in paragraph (3) (as so redesignated), by striking 
     ``subparagraph (A)'' each place it appears and inserting 
     ``paragraph (1)'';
       (6) in subsection (d) (as so redesignated)--
       (A) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately; and
       (B) in paragraph (2) (as so redesignated), by striking 
     ``this paragraph'' and inserting ``this subsection'';
       (7) in subsection (e) (as so redesignated), by striking 
     ``paragraph (1)'' and inserting ``subsection (a)'';
       (8) in subsection (f) (as so redesignated), by striking 
     ``paragraph (3)'' and inserting ``subsection (c)'';
       (9) in subsection (g) (as so redesignated)--
       (A) by redesignating subparagraphs (A) through (I) as 
     paragraphs (1) through (9), respectively, and indenting 
     appropriately;
       (B) by striking ``this paragraph'' each place it appears 
     and inserting ``this subsection'';
       (C) in paragraph (1) (as so redesignated), by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and indenting appropriately; and
       (D) in paragraph (8) (as so redesignated), by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and indenting appropriately; and
       (10) in subsection (j) (as so redesignated)--
       (A) by redesignating subparagraphs (A) through (E) as 
     paragraphs (1) through (5), respectively, and indenting 
     appropriately;
       (B) in the matter preceding paragraph (1) (as so 
     redesignated), by striking ``this subsection'' and inserting 
     ``this section'';
       (C) in paragraph (2) (as so redesignated), by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and indenting appropriately; and
       (D) in paragraph (5) (as so redesignated), by striking 
     ``this subsection'' and inserting ``this section''.
       (b) Conforming Amendments.--

[[Page S5645]]

       (1) Section 165(c)(6)(A) of title 23, United States Code, 
     is amended--
       (A) by striking clause (iii); and
       (B) by redesignating clauses (iv) through (vii) as clauses 
     (iii) through (vi), respectively.
       (2) Section 166(c)(2) of title 23, United States Code, is 
     amended by striking ``section 129(a)(3)'' and inserting 
     ``section 129(c)''.
       (3) Section 9 of the International Bridge Act of 1972 (33 
     U.S.C. 535f) is amended in the second sentence by striking 
     ``section 129(a)(3)'' and inserting ``section 129(c)''.

     SEC. 213. RAILWAY-HIGHWAY CROSSINGS.

       (a) In General.--Section 130 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     130.
       (2) Section 409 of title 23, United States Code, is amended 
     by striking ``sections 130, 144, and 148'' and inserting 
     ``sections 144 and 148''.

     SEC. 214. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

       (a) In General.--Section 133 of title 23, United States 
     Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (B), (C), and (E);
       (ii) by redesignating subparagraphs (D) and (F) as 
     subparagraphs (B) and (C), respectively;
       (iii) in subparagraph (A), by inserting ``that are on the 
     Interstate System'' after ``title 40'';
       (iv) in subparagraph (B) (as so redesignated)--

       (I) by inserting ``on the Interstate System'' after 
     ``improvements''; and
       (II) by inserting ``and'' after the semicolon at the end; 
     and

       (v) in subparagraph (C) (as so redesignated), by inserting 
     ``that are on the Interstate System'' before the period at 
     the end;
       (B) by striking paragraphs (3), (5), (6), (7), (11), (13), 
     and (15);
       (C) by redesignating paragraphs (4), (8), (9), (10), (12), 
     and (14) as paragraphs (3) through (8), respectively;
       (D) in paragraph (3) (as so redesignated), by striking`` 
     and transit safety infrastructure improvements and programs, 
     including railway-highway grade crossings'' and inserting 
     ``safety infrastructure improvements and programs on the 
     Interstate System'';
       (E) in paragraph (4) (as so redesignated), by striking 
     ``the National Highway System and a performance-based 
     management program for other public roads'' and inserting 
     ``the Interstate System'';
       (F) in paragraph (5) (as so redesignated), by inserting 
     ``on the Interstate System'' before the period at the end;
       (G) in paragraph (6) (as so redesignated), by inserting 
     ``with respect to the Interstate System'' before the period 
     at the end;
       (H) in paragraph (7) (as so redesignated), by inserting 
     ``on the Interstate System'' before the period at the end; 
     and
       (I) in paragraph (8) (as so redesignated), by striking 
     ``and chapter 53 of title 49'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Location of Projects.--A project under this section 
     may only be carried out on a road on the Interstate 
     System.'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(after the reservation of funds under subsection (h))''; 
     and
       (ii) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``paragraph (6)'' and inserting ``paragraph 
     (5)'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraphs (3) through (6) as 
     paragraphs (2) through (5), respectively;
       (D) in paragraph (4) (as so redesignated), by striking 
     ``sections 134 and 135'' and inserting ``section 135''; and
       (E) in paragraph (5) (as so redesignated), by striking 
     ``is'' and all that follows through the period at the end and 
     inserting ``is 55 percent for each of fiscal years 2022 
     through 2026.'';
       (4) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by striking ``fiscal years 2016 through 
     2020'' and inserting ``fiscal years 2022 through 2026''; and
       (5) by striking subsections (f) through (i).
       (b) Conforming Amendment.--Section 165(c)(7) of title 23, 
     United States Code, is amended by striking ``paragraphs (1) 
     through (4) of section 133(c) and section 133(b)(12)'' and 
     inserting ``section 133(b)(7)''.

     SEC. 215. METROPOLITAN TRANSPORTATION PLANNING.

       (a) In General.--Section 134 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     134.
       (2) Section 2864(f)(2) of title 10, United States Code, is 
     amended by inserting ``(as in effect on the day before the 
     date of enactment of the Transportation Empowerment Act)'' 
     after ``title 23''.
       (3) Section 108(d)(5)(A) of title 23, United States Code, 
     is amended by striking ``sections 134 and 135'' and inserting 
     ``section 135''.
       (4) Section 135 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``Subject to section 134, 
     to accomplish the objectives stated in section 134(a)'' and 
     inserting ``To accomplish the objectives stated in section 
     134(a) (as in effect on the day before the date of enactment 
     of the Transportation Empowerment Act)''; and
       (ii) in paragraph (3), by inserting ``(as in effect on the 
     day before the date of enactment of the Transportation 
     Empowerment Act)'' after ``section 134(a)'';
       (B) in subsection (b)(1), by striking ``with the 
     transportation planning activities carried out under section 
     134 for metropolitan areas of the State and'';
       (C) in subsection (f)--
       (i) in paragraph (2)--

       (I) by striking subparagraph (A); and
       (II) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively;

       (ii) by striking paragraph (4);
       (iii) in paragraph (6), by striking ``paragraph (5)'' and 
     inserting ``paragraph (4)''; and
       (iv) by redesignating paragraphs (5) through (9) as 
     paragraphs (4) through (8), respectively;
       (D) in subsection (g)--
       (i) in paragraph (2)--

       (I) by striking subparagraph (A); and
       (II) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively;

       (ii) in paragraph (3), by striking ``,,'' and inserting a 
     comma;
       (iii) in paragraph (6)(B), by striking ``5310, 5311, 5316, 
     and 5317'' and inserting ``5310 and 5311''; and
       (iv) in paragraph (8), by striking ``and section 134'';
       (E) in subsection (i), by striking ``apportioned under 
     paragraphs (5)(D) and (6) of section 104(b) of this title 
     and'';
       (F) in subsection (j), by striking ``and section 134'' each 
     place it appears; and
       (G) by adding at the end the following:
       ``(n) Definitions.--In this section, the definitions under 
     section 134(b) (as in effect on the day before the date of 
     enactment of the Transportation Empowerment Act) shall 
     apply.''.
       (5) Section 137 of title 23, United States Code, is 
     amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (6) Section 166 of title 23, United States Code, is amended 
     by striking subsection (g).
       (7) Section 168(a)(3) of title 23, United States Code, is 
     amended by striking ``metropolitan or statewide 
     transportation planning under section 134 or 135, 
     respectively'' and inserting ``statewide transportation 
     planning under section 135''.
       (8) Section 201(c)(1) of title 23, United States Code, is 
     amended by striking ``sections 134 and 135'' and inserting 
     ``section 135''.
       (9) Section 327(a)(2)(B)(iv)(I) of title 23, United States 
     Code, is amended by striking ``134 or''.
       (10) Section 505 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)(2)--
       (i) by striking ``metropolitan and''; and
       (ii) by striking ``sections 134 and 135'' and inserting 
     ``section 135''; and
       (B) in subsection (b)(2), by striking ``sections 134 and 
     135'' and inserting ``section 135''.
       (11) Section 602(a)(3) of title 23, United States Code, is 
     amended by striking ``sections 134 and 135'' and inserting 
     ``section 135''.
       (12) Section 174 of the Clean Air Act (42 U.S.C. 7504) is 
     amended--
       (A) in the fourth sentence of subsection (a), by striking 
     ``the metropolitan planning organization designated to 
     conduct the continuing, cooperative and comprehensive 
     transportation planning process for the area under section 
     134 of title 23, United States Code,'';
       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (13) Section 176(c) of the Clean Air Act (42 U.S.C. 
     7506(c)) is amended--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking the second sentence;
       (B) in paragraph (7)(A), in the matter preceding clause 
     (i), by striking ``section 134(i) of title 23, United States 
     Code, or''; and
       (C) in paragraph (9)--
       (i) by striking ``section 134(i) of title 23, United States 
     Code, or''; and
       (ii) by striking ``under section 134(j) of such title 23 
     or''.
       (14) Section 182(c)(5) of the Clean Air Act (42 U.S.C. 
     7511a(c)(5)) is amended--
       (A) by striking ``(A) Beginning'' and inserting 
     ``Beginning''; and
       (B) in the last sentence by striking ``and with the 
     requirements of section 174(b)''.
       (15) Section 5304(i) of title 49, United States Code, is 
     amended--
       (A) by striking ``sections 134 and 135'' each place it 
     appears and inserting ``section 135''; and
       (B) by striking ``this this'' and inserting ``this''.

     SEC. 216. CONTROL OF JUNKYARDS.

       Section 136 of title 23, United States Code, is amended--
       (1) in subsection (a), by striking ``and the primary 
     system'';
       (2) in subsection (b), in the first sentence--
       (A) by striking ``and the primary system''; and
       (B) by striking ``paragraphs (1) through (6) of section 
     104(b)'' and inserting ``paragraphs (1) through (4) of 
     section 104(b)'';

[[Page S5646]]

       (3) in subsection (g), by striking ``and the primary 
     system'';
       (4) in subsection (k), by striking ``interstate and primary 
     systems'' and inserting ``Interstate System''; and
       (5) by striking subsection (n).

     SEC. 217. ENFORCEMENT OF REQUIREMENTS.

       Section 141 of title 23, United States Code, is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``the Federal-aid primary system, the Federal-aid urban 
     system, and the Federal-aid secondary system, including the 
     Interstate System'' and inserting ``the Interstate System''; 
     and
       (2) in subsection (b)(2), by striking ``paragraphs (1) 
     through (6) of section 104(b)'' and inserting ``paragraphs 
     (1) through (4) of section 104(b)''.

     SEC. 218. PUBLIC TRANSPORTATION.

       (a) In General.--Section 142 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) in the second sentence, by striking ``If fees'' and 
     inserting the following:
       ``(2) Rate.--If fees''; and
       (C) by striking ``(a)(1) To encourage'' and inserting the 
     following:
       ``(a) Construction of Facilities.--
       ``(1) In general.--To encourage'';
       (2) by striking subsections (d), (g), (h), and (i);
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively; and
       (4) in subsection (d) (as so redesignated)--
       (A) by striking ``of this section'' each place it appears;
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (b) Conforming Amendment.--Section 156(a) of title 23, 
     United States Code, is amended by striking ``section 142(f)'' 
     and inserting ``section 142(e)''.

     SEC. 219. HIGHWAY USE TAX EVASION PROJECTS.

       Section 143(b)(2)(A) of title 23, United States Code, is 
     amended by striking ``each of fiscal years 2016 through 
     2020'' and inserting ``each of fiscal years 2022 through 
     2026''.

     SEC. 220. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION 
                   STANDARDS.

       Section 144 of title 23, United States Code, is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A), by striking ``highway bridges and 
     tunnels of the United States'' and inserting ``bridges on the 
     Interstate System'';
       (B) in subparagraph (B), by striking ``highway bridges and 
     tunnels'' and inserting ``bridges on the Interstate System''; 
     and
       (C) in subparagraph (E), by striking ``National Highway 
     System bridges and bridges on all public roads'' and 
     inserting ``bridges on the Interstate System'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``all highway bridges on 
     public roads, on and off Federal-aid highways,'' and 
     inserting ``all bridges on the Interstate System,''; and
       (B) in paragraph (2), by striking ``all tunnels on public 
     roads, on and off Federal-aid highways,'' and inserting ``all 
     tunnels on the Interstate System,'';
       (3) in subsection (d)--
       (A) by striking paragraphs (2) and (4); and
       (B) by redesignating paragraph (3) as paragraph (2);
       (4) in subsection (e)(1), by inserting ``on the Interstate 
     System'' after ``any bridge'';
       (5) in subsection (f)(1), in the matter preceding 
     subparagraph (A), by inserting ``on the Interstate System'' 
     after ``any bridge'';
       (6) in subsection (g)--
       (A) in paragraph (1), by inserting ``on the Interstate 
     System'' after ``any bridge''; and
       (B) in paragraph (3), by striking ``bridges on and off 
     Federal-aid highways'' and inserting ``bridges on the 
     Interstate System'';
       (7) in subsection (h)--
       (A) in paragraph (1)(A), by striking ``highway bridges and 
     tunnels'' and inserting ``bridges and tunnels on the 
     Interstate System'';
       (B) in paragraph (2), by striking ``highway'' each place it 
     appears and inserting ``Interstate System''; and
       (C) in paragraph (3)(B)(i), by striking ``highway bridges'' 
     and inserting ``Interstate System bridges'';
       (8) in subsection (i)(1), by striking ``highway bridge'' 
     and inserting ``Interstate System bridge''; and
       (9) in subsection (j)--
       (A) in paragraph (3)(B), by striking ``a transportation 
     improvement program under section 134(j) or a statewide 
     transportation improvement program under section 135, as 
     applicable'' and inserting ``a statewide transportation 
     improvement program under section 135''; and
       (B) in paragraph (4)(A), by striking ``sections 134 and 
     135'' and inserting ``section 135''.

     SEC. 221. CARPOOL AND VANPOOL PROJECTS.

       (a) In General.--Section 146 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 146.

     SEC. 222. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                   FACILITIES.

       (a) In General.--Section 147 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 147.

     SEC. 223. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       Section 148 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``roadway functionally 
     classified as a rural major or minor collector or a rural 
     local road'' and inserting ``road on the Interstate System'';
       (B) in paragraph (2), by striking ``all public roads'' and 
     inserting ``all roads on the Interstate System'';
       (C) in paragraph (4)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``on a public road'' and inserting ``on the 
     Interstate System''; and
       (ii) in subparagraph (B)--

       (I) in clause (iii), by striking ``, if the rumble strips 
     or other warning devices do not adversely affect the safety 
     or mobility of bicyclists and pedestrians, including persons 
     with disabilities'';
       (II) by striking clauses (v), (xviii), (xix), (xxiii), 
     (xxvi), (xxvii), and (xxviii);
       (III) by redesignating clauses (vi) through (xvii), (xx) 
     through (xxii), (xxiv), and (xxv) as clauses (v) through 
     (xxi), respectively; and
       (IV) in clause (xix) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``improvements'';

       (D) in paragraph (9)(A), by striking ``a public road'' and 
     inserting ``the Interstate System''; and
       (E) in paragraph (11)(D), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (2) in subsection (b)(2), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (3) in subsection (c)(2)--
       (A) in subparagraph (A)(i), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land in the State'' and inserting ``all roads on the 
     Interstate System, including non-State owned roads on the 
     Interstate System and roads on the Interstate System on 
     tribal land in the State'';
       (B) in subparagraph (B)(iii), by striking ``all public 
     roads'' and inserting ``all roads on the Interstate System'';
       (C) in subparagraph (C)(i), by striking ``all public 
     roads'' and inserting ``all roads on the Interstate System''; 
     and
       (D) in subparagraph (D)--
       (i) in clause (ii), by striking ``all public roads, 
     including public non-State-owned roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (ii) in clause (iii), by striking ``all public roads'' and 
     inserting ``all roads on the Interstate System''; and
       (iii) in clause (v), by striking ``all public roads in the 
     State'' and inserting ``all roads on the Interstate System in 
     the State'';
       (4) in subsection (d)(1)(B)--
       (A) in clause (iv), by striking ``rural roads, including 
     all public roads,'' and inserting ``roads on the Interstate 
     System in rural areas''; and
       (B) in clause (viii), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (5) in subsection (e)(1)--
       (A) in subparagraph (A), by striking ``on any public road 
     or publicly owned bicycle or pedestrian pathway or trail'' 
     and inserting ``on any road on the Interstate System''; and
       (B) in subparagraph (C), by striking ``a public road'' and 
     inserting ``a road on the Interstate System'';
       (6) in subsection (f)(1)(B), by striking ``all public 
     roads'' each place it appears and inserting ``all roads on 
     the Interstate System'';
       (7) in subsection (h)(1)(C), by striking ``all public 
     roads'' each place it appears and inserting ``all roads on 
     the Interstate System'';
       (8) in subsection (i)(2)(D), by striking ``safety safety'' 
     and inserting ``safety'';
       (9) in subsection (j), by striking ``sections 120 and 130'' 
     and inserting ``section 120''; and
       (10) by striking subsection (k).

     SEC. 224. REPEAL OF CONGESTION MITIGATION AND AIR QUALITY 
                   IMPROVEMENT PROGRAM.

       (a) In General.--Section 149 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     149.
       (2) Section 322(h)(3) of title 23, United States Code, is 
     amended by striking ``and the congestion mitigation and air 
     quality improvement program under section 149''.
       (3) Section 505(a)(3) of title 23, United States Code, is 
     amended by striking ``149,''.

     SEC. 225. NATIONAL GOALS AND PERFORMANCE MEASURES.

       Section 150 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``all public roads'' and 
     inserting ``all roads on the Interstate System''; and

[[Page S5647]]

       (B) in paragraph (3), by striking ``National Highway 
     System'' and inserting ``Interstate System'';
       (2) in subsection (c)--
       (A) in paragraph (3)(A)(ii), by striking subclauses (II) 
     through (V) and inserting the following:

       ``(II) the condition of bridges on the Interstate System; 
     and
       ``(III) the performance of the Interstate System;'';

       (B) by striking paragraph (5); and
       (C) by redesignating paragraph (6) as paragraph (5);
       (3) in subsection (d)(1), by striking ``(5), and (6)'' and 
     inserting ``and (5)''; and
       (4) in subsection (e), by striking ``National Highway 
     System'' each place it appears and inserting ``Interstate 
     System''.

     SEC. 226. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 
                   PROPANE, AND NATURAL GAS FUELING CORRIDORS.

       Section 151(a) of title 23, United States Code, is amended 
     by striking ``major national highways'' and inserting ``the 
     Interstate System''.

     SEC. 227. HAZARD ELIMINATION PROGRAM.

       (a) In General.--Section 152 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 152.

     SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM.

       Section 162(a)(2) of title 23, United States Code, is 
     amended by inserting ``, subject to the condition that the 
     road is a road on the Interstate System'' before the period 
     at the end.

     SEC. 229. NATIONAL HIGHWAY FREIGHT PROGRAM.

       Section 167 of title 23, United States Code, is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``subparagraph (E)'' 
     and inserting ``subparagraphs (E) and (F)''; and
       (B) by adding at the end the following:
       ``(F) Requirement.--In redesignating the primary highway 
     freight system under subparagraph (A), the Administrator 
     shall ensure that all roads on the primary highway freight 
     system are roads on the Interstate System.'';
       (2) in subsection (e)(1), in the matter preceding 
     subparagraph (A)--
       (A) by striking ``a public road'' and inserting ``a road on 
     the Interstate System''; and
       (B) by striking ``the public road'' and inserting ``the 
     road'';
       (3) in subsection (f), by striking ``public road'' each 
     place it appears and inserting ``road on the Interstate 
     System'';
       (4) in subsection (i)--
       (A) by striking ``section 104(b)(5)'' each place it appears 
     and inserting ``section 104(b)(4)'';
       (B) in paragraph (5)--
       (i) by striking subparagraph (B);
       (ii) by redesignating subparagraph (C) as subparagraph (B); 
     and
       (iii) in subparagraph (C) (as so redesignated)--

       (I) by striking clauses (vi), (xi), (xiv), (xviii), (xxii), 
     and (xxiii); and
       (II) by redesignating clauses (vii) through (x), (xii) and 
     (xiii), (xv) through (xvii), and (xix) through (xxi) as 
     clauses (vi) through (xvii), respectively;

       (C) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``for'' and all that follows through ``the necessary costs'' 
     in subparagraph (B) in the matter preceding clause (i) and 
     inserting ``for the necessary costs''; and
       (ii) by redesignating clauses (i) through (iii) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately; and
       (D) in paragraph (7), by striking ``sections 134 and 135'' 
     and inserting ``section 135'';
       (5) in subsection (k)(1)(A)(ii), by striking ``ports-of'' 
     and inserting ``ports of''; and
       (6) by striking subsection (l).

     SEC. 230. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Section 206 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) Section 325 of title 23, United States Code, is 
     amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 
     206.

     SEC. 231. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

       (a) In General.--Section 217 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) Section 1524(a) of MAP-21 (23 U.S.C. 206 note; Public 
     Law 112-141) is amended by striking ``sections 162, 206, 213, 
     and 217'' and inserting ``section 162''.
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 
     217.

     SEC. 232. ALASKA HIGHWAY.

       (a) In General.--Section 218 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 218.

     SEC. 233. CONFORMING AMENDMENTS.

       (a) Control of Outdoor Advertising.--Section 131(t) of 
     title 23, United States Code, is amended by striking ``, and 
     any highway which is not on such system but which is on the 
     National Highway System''.
       (b) Elimination of Mass Transit Account.--
       (1) Section 102(b) of title 23, United States Code, is 
     amended in the first sentence by striking ``(other than the 
     Mass Transit Account)''.
       (2) Section 118(a) of title 23, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (3) Section 156(a) of title 23, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (4) Section 321 of title 23, United States Code, is amended 
     by striking ``(other than the Mass Transit Account)''.
       (5) Section 323(b)(1) of title 23, United States Code, is 
     amended in the matter preceding subparagraph (A) by striking 
     ``(other than the Mass Transit Account)''.
       (6) Section 521(b)(10) of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (7) Section 6308 of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (8) Section 31104(g) of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (9) Section 31110(d) of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (10) Section 31138(d)(5) of title 49, United States Code, 
     is amended by striking ``(other than the Mass Transit 
     Account)''.
       (11) Section 31139(g)(5) of title 49, United States Code, 
     is amended by striking ``(other than the Mass Transit 
     Account)''.
       (c) National Highway System Repeal.--Section 111(d)(1) of 
     title 23, United States Code, is amended in the first 
     sentence by striking ``the National Highway System'' and 
     inserting ``the Interstate System''.

            TITLE III--HIGHWAY TRUST FUND AND RELATED TAXES

                Subtitle A--Highway Trust Fund Authority

     SEC. 301. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 
                   AUTHORITY.

       (a) Highway Trust Fund.--Section 9503 of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``October 1, 2021'' in subsections 
     (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 
     2026'', and
       (2) by striking ``Continuing Appropriations Act, 2021 and 
     Other Extensions Act'' in subsections (c)(1) and (e)(3) and 
     inserting ``Transportation Empowerment Act''.
       (b) Sport Fish Restoration and Boating Trust Fund.--Section 
     9504 of such Code is amended--
       (1) by striking ``Continuing Appropriations Act, 2021 and 
     Other Extensions Act'' each place it appears in subsection 
     (b)(2) and inserting ``Transportation Empowerment Act'', and
       (2) by striking ``October 1, 2021'' in subsection (d)(2) 
     and inserting ``October 1, 2026''.
       (c) Leaking Underground Storage Tank Trust Fund.--Section 
     9508(e)(2) of such Code is amended by striking ``October 1, 
     2021'' and inserting ``October 1, 2026''.

     SEC. 302. TERMINATION OF MASS TRANSIT ACCOUNT.

       Section 9503(e) of the Internal Revenue Code of 1986 is 
     amended--
       (1) in the first sentence of paragraph (2), by inserting 
     ``, and before October 1, 2021'' after ``March 31, 1983'', 
     and
       (2) by adding at the end the following:
       ``(6) Transfer to highway account.--On the date on which 
     Director of the Office of Management and Budget submits the 
     certification under section 105(c) of the Transportation 
     Empowerment Act, the Secretary shall transfer all amounts in 
     the Mass Transit Account to the Highway Account.''.

     SEC. 303. TRANSFER OF UNUSED COVID-19 APPROPRIATIONS TO THE 
                   HIGHWAY TRUST FUND.

       (a) Economic Injury Disaster Loan Subsidy.--
       (1) Transfer.--Of the unobligated balances from amounts 
     made available under the heading ``Small Business 
     Administration--Disaster Loans Program Account'' in title II 
     of division B of the Paycheck Protection Program and Health 
     Care Enhancement Act (Public Law 116-139), $13,500,000,000 
     are hereby transferred to the Highway Trust Fund.
       (2) Designation.--The amount transferred pursuant to 
     paragraph (1) that was previously designated by the Congress 
     as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is designated by the Congress as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and to section 251(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (b) Targeted EIDL Advance.--
       (1) Of the unobligated balances from amounts made available 
     under the heading ``Small Business Administration--Targeted 
     EIDL Advance'' in section 323(d)(1)(D) of division N of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260), 
     $17,578,000,000 are hereby transferred to the Highway Trust 
     Fund.
       (2) The unobligated balances from amounts made available in 
     section 5002(b) of the American Rescue Plan Act of 2021 
     (Public Law 117-2) are hereby transferred to the Highway 
     Trust Fund.
       (c) Economic Stabilization Program.--Of the unobligated 
     balances from amounts made available in section 4027(a) of 
     the Coronavirus Aid, Relief, and Economic Security Act (15 
     U.S.C. 9601), $1,366,100,000 are

[[Page S5648]]

     hereby transferred to the Highway Trust Fund.
       (d) Business Loans Program Account.--
       (1) Of the unobligated balances from amounts made available 
     under the heading ``Small Business Administration--Business 
     Loans Program Account, CARES Act'' in section 1107(a)(1) of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136), as amended by section 101(a)(2) of 
     division A of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139), and in section 
     323(d)(1)(A) of division N of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260) for carrying out paragraphs 
     (36) and (37) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)), $4,684,000,000 are hereby transferred to the 
     Highway Trust Fund.
       (2) Of the unobligated balances from amounts made available 
     under the heading ``Small Business Administration--Business 
     Loans Program Account'' in section 323(d)(1)(F) of division N 
     of the Consolidated Appropriations Act, 2021 (Public Law 116-
     260), $992,000,000 are hereby transferred to the Highway 
     Trust Fund.
       (e) Pandemic Relief for Aviation Workers, Coronavirus Aid, 
     Relief, and Economic Security Act (CARES Act).--Of the 
     unobligated balances from amounts made available in section 
     4120 of the Coronavirus Aid, Relief, and Economic Security 
     Act (15 U.S.C. 9080), $3,000,000,000 are hereby transferred 
     to the Highway Trust Fund.
       (f) Education Stabilization Fund.--
       (1) Transfer.--Of the unobligated balances from amounts 
     made available under the heading ``Education Stabilization 
     Fund'' in title VIII of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) and in 
     title III of division M of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260) that were reserved for the 
     Higher Education Emergency Relief Fund by sections 
     18004(a)(1) and 18004(a)(2) of division B of the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136) 
     and sections 314(a)(1), 314(a)(2), and 314(a)(4) of division 
     M of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260), $353,400,000 are hereby transferred to the Highway 
     Trust Fund.
       (2) Designation.--The amount transferred pursuant to 
     paragraph (1) that was previously designated by the Congress 
     as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is designated by the Congress as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and to section 251(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (g) Small Business Administration, Salaries and Expenses.--
       (1) Transfer.--Of the unobligated balances from amounts 
     made available under the heading ``Small Business 
     Administration--Salaries and Expenses'' in section 1107(a)(2) 
     of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136), in title II of division B of the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139), and in section 323(d)(1)(C) of division 
     N of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260), $175,000,000 are hereby transferred to the Highway 
     Trust Fund.
       (2) Designation.--The amount transferred pursuant to 
     paragraph (1) that was previously designated by the Congress 
     as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is designated by the Congress as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and to section 251(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (h) Pandemic Relief for Aviation Workers.--Of the 
     unobligated balances from amounts made available in section 
     411 of subtitle A of title IV of division N of the 
     Consolidated Appropriations Act, 2021 (15 U.S.C. 9101), 
     $200,000,000 are hereby transferred to the Highway Trust 
     Fund.
       (i) Conforming Amendment.--Section 9503(f) of the Internal 
     Revenue Code of 1986 is amended by redesignating paragraph 
     (11) as paragraph (12) and by inserting after paragraph (10) 
     the following new paragraph:
       ``(11) Transfer of unused covid-19 appropriations.--There 
     is hereby transferred to the Highway Trust Fund the amounts 
     described in subsections (a) through (h) of section 303 of 
     the Transportation Empowerment Act.''.

     SEC. 304. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR 
                   EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19.

       (a) Termination of Credit.--
       (1) In general.--Section 3134 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (c)(5)--
       (i) in subparagraph (A), by adding ``and'' at the end,
       (ii) in subparagraph (B), by striking ``, and'' at the end 
     and inserting a period, and
       (iii) by striking subparagraph (C), and
       (B) in subsection (n), by striking ``January 1, 2022'' and 
     inserting ``October 1, 2021 (or, in the case of wages paid by 
     an eligible employer which is a recovery startup business, 
     January 1, 2022)''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to calendar quarters beginning after September 
     30, 2021.
       (b) Transfers of Savings to the Highway Trust Fund.--
     Section 9503(f) of the Internal Revenue Code of 1986, as 
     amended by section 303(i), is further amended by 
     redesignating paragraph (12) as paragraph (13) and by 
     inserting after paragraph (11) the following new paragraph:
       ``(12) Savings from termination of employee retention 
     credit for employers subject to closure due to covid-19.--
     There are hereby appropriated to the Highway Trust Fund 
     amounts equivalent to savings achieved as a result of the 
     amendments made by section 304 of the Transportation 
     Empowerment Act, as estimated by the Secretary.''.

     SEC. 305. TRANSFER OF UNUSED CORONAVIRUS STATE AND LOCAL 
                   FISCAL RECOVERY FUNDS TO THE HIGHWAY TRUST 
                   FUND.

       (a) Transfer of Funds.--
       (1) In general.--Of the unobligated balances of the amounts 
     appropriated under sections 602(a) and 603(a) of the Social 
     Security Act (42 U.S.C. 802(a), 803(a)) as of the date of 
     enactment of this Act, $70,000,000,000 are hereby transferred 
     to the Highway Trust Fund.
       (2) Apportionment.--In carrying out paragraph (1), the 
     Secretary of the Treasury shall transfer the funds specified 
     in such paragraph from the unobligated balances of the 
     amounts appropriated under sections 602(a)(1) and 603(a) of 
     such Act in equal proportion to the greatest extent 
     practicable.
       (b) Conforming Amendments.--
       (1) Coronavirus state fiscal recovery fund.--Section 
     602(b)(4) of the Social Security Act (42 U.S.C. 802(b)(4)) is 
     amended to read as follows:
       ``(4) Adjustment authority.--The amounts otherwise 
     determined for allocation and payment under paragraphs (1), 
     (2), and (3)--
       ``(A) shall be adjusted by the Secretary on a pro rata 
     basis to the extent necessary to carry out the transfer of 
     funds required under section 305(a) of the Transportation 
     Empowerment Act; and
       ``(B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are allocated to States, territories, and Tribal governments 
     in accordance with the requirements specified in each such 
     paragraph (as applicable).''.
       (2) Coronavirus local fiscal recovery fund.--Section 
     603(b)(5) of the Social Security Act (42 U.S.C. 803(b)(5) is 
     amended to read as follows:
       ``(5) Adjustment authority.--The amounts otherwise 
     determined for allocation and payment under paragraphs (1), 
     (2), and (3)--
       ``(A) shall be adjusted by the Secretary on a pro rata 
     basis to the extent necessary to carry out the transfer of 
     funds required under section 305(a) of the Transportation 
     Empowerment Act; and
       ``(B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are distributed to metropolitan cities, counties, and States 
     in accordance with the requirements specified in each 
     paragraph (as applicable) and the certification requirement 
     specified in subsection (d).''.
       (c) Conforming Amendment.--Section 9503(f) of the Internal 
     Revenue Code of 1986, as amended by section 304(b), is 
     further amended by redesignating paragraph (13) as paragraph 
     (14) and by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) Transfer of unused covid-19 appropriations.--There 
     is hereby transferred to the Highway Trust Fund the amounts 
     described in section 305(a) of the Transportation Empowerment 
     Act.''.

                   Subtitle B--Highway Related Taxes

     SEC. 311. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
                   KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY 
                   TRUST FUND.

       (a) Reduction in Tax Rate.--
       (1) In general.--Section 4081(a)(2)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in clause (i), by striking ``18.3 cents'' and inserting 
     ``7 cents'', and
       (B) in clause (iii), by striking ``24.3 cents'' and 
     inserting ``8.3 cents''.
       (2) Conforming amendments.--
       (A) Section 4081(a)(2)(D) of such Code is amended--
       (i) by striking ``19.7 cents'' and inserting ``6.7 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``8.3 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``2.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after'' and inserting ``1.5 cents per 
     gallon (zero cents per gallon after''.
       (2) Section 4041(a)(2)(B)(ii) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``7 cents''.
       (3) Clauses (iii) and (iv) of section 4041(a)(2)(B) of such 
     Code are each amended by striking ``24.3 cents'' and 
     inserting ``8.3 cents''.
       (4) Section 4041(a)(3)(A) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``7 cents''.
       (5) Section 4041(m)(1) of such Code is amended--
       (A) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``3.1 cents'',

[[Page S5649]]

       (B) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``3.9 cents'', and
       (C) in subparagraph (B), by striking all after ``2022'' and 
     inserting ``, zero cents per gallon.''.
       (6) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon'' and inserting ``zero cents per 
     gallon''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before the applicable date, tax has been imposed under 
     section 4081 of the Internal Revenue Code of 1986 on any 
     liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale;
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (in this subsection referred to as 
     the ``taxpayer'') an amount equal to the excess of the tax 
     paid by the taxpayer over the amount of such tax which would 
     be imposed on such liquid had the taxable event occurred on 
     such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before the date that is 6 months after the 
     applicable date, and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the applicable date--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before the date that is 3 months after the 
     applicable date, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection--
       (A) Applicable date.--The term ``applicable date'' means 
     the first day of the first calendar quarter beginning after 
     the date of the enactment of this Act.
       (B) Other terms.--The terms ``dealer'' and ``held by a 
     dealer'' have the respective meanings given to such terms by 
     section 6412 of such Code; except that the term ``dealer'' 
     includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 and sections 6206 and 
     6675 of such Code shall apply for purposes of this 
     subsection.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraphs (2), the 
     amendments made by this section shall apply to fuel removed 
     on or after the first day of the first calendar quarter 
     beginning after the date of the enactment of this Act.
       (2) Certain conforming amendments.--The amendments made by 
     paragraphs (1), (2), (3), (4), and (5) of subsection (b) 
     shall apply to fuel sold or used after the first day of the 
     first calendar quarter beginning after the date of the 
     enactment of this Act.

     SEC. 312. EXTENSION OF HIGHWAY-RELATED TAXES.

       (a) In General.--
       (1) Each of the following provisions of the Internal 
     Revenue Code of 1986 is amended by striking ``September 30, 
     2022'' and inserting ``September 30, 2027'':
       (A) Section 4041(a)(1)(C)(iii)(I).
       (B) Section 4041(m)(1)(B).
       (C) Section 4081(d)(1).
       (2) Each of the following provisions of such Code is 
     amended by striking ``October 1, 2022'' and inserting 
     ``October 1, 2027'':
       (A) Section 4041(m)(1)(A).
       (B) Section 4051(c).
       (C) Section 4071(d).
       (D) Section 4081(d)(3).
       (b) Extension of Tax, etc., on Use of Certain Heavy 
     Vehicles.--Each of the following provisions of the Internal 
     Revenue Code of 1986 is amended by striking ``2023'' each 
     place it appears and inserting ``2028'':
       (1) Section 4481(f).
       (2) Subsections (c)(4) and (d) of section 4482.
       (c) Floor Stocks Refunds.--Section 6412(a)(1) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``October 1, 2022'' each place it appears 
     and inserting ``October 1, 2027'',
       (2) by striking ``March 31, 2023'' each place it appears 
     and inserting ``March 31, 2027'', and
       (3) by striking ``January 1, 2023'' and inserting ``January 
     1, 2028''.
       (d) Extension of Certain Exemptions.--
       (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
     amended by striking ``October 1, 2022'' and inserting 
     ``October 1, 2027''.
       (2) Section 4483(i) of such Code is amended by striking 
     ``October 1, 2023'' and inserting ``October 1, 2028''.
       (e) Extension of Transfers of Certain Taxes.--
       (1) In general.--Section 9503 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (b)--
       (i) by striking ``October 1, 2022'' each place it appears 
     in paragraphs (1) and (2) and inserting ``October 1, 2027'',
       (ii) by striking ``October 1, 2022'' in the heading of 
     paragraph (2) and inserting ``October 1, 2027'',
       (iii) by striking ``September 30, 2022'' in paragraph (2) 
     and inserting ``September 30, 2027'', and
       (iv) by striking ``July 1, 2023'' in paragraph (2) and 
     inserting ``July 1, 2027'', and
       (B) in subsection (c)(2), by striking ``July 1, 2023'' and 
     inserting ``July 1, 2028''.
       (2) Small-engine fuel tax transfers.--Paragraph (4)(A) of 
     section 9503(c) of such Code is amended by striking ``October 
     1, 2022'' and inserting ``October 1, 2027''.
       (f) Termination of Motorboat Fuel Tax Transfers.--
       (1) In general.--Paragraph (3)(A)(i) of section 9503(c) of 
     such Code is amended by striking ``October 1, 2022'' and 
     inserting ``October 1, 2021''.
       (2) Conforming amendments to land and water conservation 
     fund.--Section 200310 of title 54, United States Code, is 
     amended--
       (A) by striking ``October 1, 2023'' each place it appears 
     and inserting ``October 1, 2022''; and
       (B) by striking ``October 1, 2022'' and inserting ``October 
     1, 2021''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2021.
                                 ______
                                 
  SA 2255. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Empowerment Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.

                        TITLE I--HIGHWAY FUNDING

Sec. 101. Authorization of appropriations.
Sec. 102. Federalization and defederalization of projects.
Sec. 103. Reporting requirements.
Sec. 104. Funding limitation.
Sec. 105. Reports; certification.

             TITLE II--FEDERAL-AID HIGHWAY PROGRAM REFORMS

Sec. 201. Definitions.
Sec. 202. Federal-aid system.
Sec. 203. Apportionment.
Sec. 204. Additional deposits in Highway Trust Fund.
Sec. 205. Project approval and oversight.
Sec. 206. Standards.
Sec. 207. Nationally significant freight and highway projects.
Sec. 208. National highway performance program.
Sec. 209. Federal share payable.
Sec. 210. Emergency relief.
Sec. 211. Transferability of Federal-aid highway funds.
Sec. 212. Toll roads, bridges, tunnels, and ferries.
Sec. 213. Railway-highway crossings.
Sec. 214. Surface transportation block grant program.
Sec. 215. Metropolitan transportation planning.
Sec. 216. Control of junkyards.
Sec. 217. Enforcement of requirements.
Sec. 218. Public transportation.
Sec. 219. Highway use tax evasion projects.
Sec. 220. National bridge and tunnel inventory and inspection 
              standards.
Sec. 221. Carpool and vanpool projects.
Sec. 222. Construction of ferry boats and ferry terminal facilities.
Sec. 223. Highway safety improvement program.
Sec. 224. Repeal of congestion mitigation and air quality improvement 
              program.
Sec. 225. National goals and performance measures.
Sec. 226. National electric vehicle charging and hydrogen, propane, and 
              natural gas fueling corridors.
Sec. 227. Hazard elimination program.
Sec. 228. National scenic byways program.
Sec. 229. National highway freight program.
Sec. 230. Recreational trails program.
Sec. 231. Bicycle transportation and pedestrian walkways.
Sec. 232. Alaska highway.
Sec. 233. Conforming amendments.

            TITLE III--HIGHWAY TRUST FUND AND RELATED TAXES

                Subtitle A--Highway Trust Fund Authority

Sec. 301. Extension of Highway Trust Fund expenditure authority.
Sec. 302. Termination of Mass Transit Account.
Sec. 303. Transfer of unused COVID-19 appropriations to the Highway 
              Trust Fund.
Sec. 304. Termination of employee retention credit for employers 
              subject to closure due to COVID-19.
Sec. 305. Transfer of unused Coronavirus State and Local Fiscal 
              Recovery Funds to the Highway Trust Fund.

                   Subtitle B--Highway Related Taxes

Sec. 311. Reduction in taxes on gasoline, diesel fuel, kerosene, and 
              special fuels funding Highway Trust Fund.
Sec. 312. Extension of highway-related taxes.

[[Page S5650]]

                        TITLE IV--MISCELLANEOUS

Sec. 401. National Environmental Policy Act modifications.
Sec. 402. Repeal of Davis-Bacon wage requirements.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the objective of the Federal highway program has been 
     to facilitate the construction of a modern freeway system 
     that promotes efficient interstate commerce by connecting all 
     States;
       (2) the objective described in paragraph (1) has been 
     attained, and the Interstate System connecting all States is 
     near completion;
       (3) each State has the responsibility of providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate a network 
     of transportation systems, including highways, that best 
     serves the needs of the State;
       (5) each State is best capable of determining the needs of 
     the State and acting on those needs;
       (6) the Federal role in highway transportation has, over 
     time, usurped the role of the States by taxing motor fuels 
     used in the States and then distributing the proceeds to the 
     States based on the perceptions of the Federal Government on 
     what is best for the States;
       (7) the Federal Government has used the Federal motor fuels 
     tax revenues to force all States to take actions that are not 
     necessarily appropriate for individual States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;
       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise undertake; and
       (10) Congress has expressed a strong interest in reducing 
     the role of the Federal Government by allowing each State to 
     manage its own affairs.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide a new policy blueprint to govern the Federal 
     role in transportation once existing and prior financial 
     obligations are met;
       (2) to return to the individual States maximum 
     discretionary authority and fiscal responsibility for all 
     elements of the national surface transportation systems that 
     are not within the direct purview of the Federal Government;
       (3) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (4) to preserve the responsibility of the Department of 
     Transportation for--
       (A) design, construction, and preservation of 
     transportation facilities on Federal public land;
       (B) national programs of transportation research and 
     development and transportation safety; and
       (C) emergency assistance to the States in response to 
     natural disasters;
       (5) to eliminate to the maximum extent practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (6) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

                        TITLE I--HIGHWAY FUNDING

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--
       (1) Authorization of appropriations.--The following sums 
     are authorized to be appropriated out of the Highway Trust 
     Fund:
       (A) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the surface transportation block grant program 
     under section 133 of that title, the highway safety 
     improvement program under section 148 of that title, and the 
     national highway freight program under section 167 of that 
     title $18,450,000,000 for each of fiscal years 2022 through 
     2026.
       (B) Emergency relief.--For emergency relief under section 
     125 of title 23, United States Code, $100,000,000 for each of 
     fiscal years 2022 through 2026.
       (C) Federal lands programs.--
       (i) Federal lands transportation program.--For the Federal 
     lands transportation program under section 203 of title 23, 
     United States Code, $300,000,000 for each of fiscal years 
     2022 through 2026, of which--

       (I) $240,000,000 of the amount made available for each 
     fiscal year shall be the amount for the National Park 
     Service; and
       (II) $30,000,000 of the amount made available for each 
     fiscal year shall be the amount for the United States Fish 
     and Wildlife Service.

       (ii) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code, $250,000,000 for each of fiscal years 2022 through 
     2026.
       (b) Funding for Highway Research and Development Program.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund to carry out 
     section 503(b) of title 23, United States Code, $115,000,000 
     for each of fiscal years 2022 through 2026.
       (2) Applicability of title 23, united states code.--Funds 
     authorized to be appropriated by paragraph (1) shall--
       (A) be available for obligation in the same manner as if 
     those funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share of the cost 
     of a project or activity carried out using those funds shall 
     be 80 percent, unless otherwise expressly provided by this 
     Act (including the amendments by this Act); and
       (B) remain available until expended and not be 
     transferable.

     SEC. 102. FEDERALIZATION AND DEFEDERALIZATION OF PROJECTS.

       Notwithstanding any other provision of law, beginning on 
     October 1, 2021--
       (1) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project unless and until a State expends Federal 
     funds for the construction portion of the project;
       (2) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project solely by reason of the expenditure of 
     Federal funds by a State before the construction phase of the 
     project to pay expenses relating to the project, including 
     for any environmental document or design work required for 
     the project; and
       (3)(A) a State may, after having used Federal funds to pay 
     all or a portion of the costs of a highway construction or 
     improvement project, reimburse the Federal Government in an 
     amount equal to the amount of Federal funds so expended; and
       (B) after completion of a reimbursement described in 
     subparagraph (A), a highway construction or improvement 
     project described in that subparagraph shall no longer be 
     considered to be a Federal highway construction or 
     improvement project.

     SEC. 103. REPORTING REQUIREMENTS.

       No reporting requirement, other than a reporting 
     requirement in effect as of the date of enactment of this 
     Act, shall apply on or after October 1, 2021, to the use of 
     Federal funds for highway projects by a public-private 
     partnership.

     SEC. 104. FUNDING LIMITATION.

       Notwithstanding any other provision of law, if the 
     Secretary of Transportation determines for any of fiscal 
     years 2022 through 2026 that the aggregate amount required to 
     carry out transportation programs and projects under this Act 
     and the amendments made by this Act exceeds the estimated 
     aggregate amount in the Highway Trust Fund available for 
     those programs and projects for the fiscal year, each amount 
     made available for that program or project shall be reduced 
     by the pro rata percentage required to reduce the aggregate 
     amount required to carry out those programs and projects to 
     an amount equal to the amount available for those programs 
     and projects in the Highway Trust Fund for the fiscal year.

     SEC. 105. REPORTS; CERTIFICATION.

       (a) Report on Existing Obligations.--
       (1) In general.--The Director of the Office of Management 
     and Budget (referred to in this section as the ``Director''), 
     in consultation with the Secretary of Transportation, shall 
     develop and submit to Congress a 5-year plan for the use of 
     revenue deposited in the Highway Trust Fund to pay for unpaid 
     obligations under Federal-aid highway programs (as in effect 
     before the date of enactment of this Act) incurred before the 
     date of enactment of this Act.
       (2) Requirement.--In developing the plan under paragraph 
     (1), the Director shall, to the maximum extent practicable, 
     balance payments for new Federal-aid highway projects with 
     continued payment of unpaid obligations described in 
     paragraph (1).
       (b) Annual Reports.--Not less frequently than annually, the 
     Director shall submit to Congress a report that includes--
       (1) a description of the remaining balance of unpaid 
     obligations under Federal-aid highway programs (as in effect 
     before the date of enactment of this Act) incurred before the 
     date of enactment of this Act; and
       (2) a status update on the progress made toward achieving 
     the goals of the 5-year plan developed under subsection (a).
       (c) Certification.--On the date that the Director 
     determines that there are no remaining unpaid obligations 
     under Federal-aid highway programs (as in effect before the 
     date of enactment of this Act) incurred before the date of 
     enactment of this Act, the Director shall submit to Congress 
     a certification that there are no such remaining unpaid 
     obligations.

             TITLE II--FEDERAL-AID HIGHWAY PROGRAM REFORMS

     SEC. 201. DEFINITIONS.

       Section 101(a) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (6) and inserting the following:
       ``(6) Federal-aid highway.--The term `Federal-aid highway' 
     means a highway on the Interstate System eligible for 
     assistance under this chapter.'';
       (2) in paragraph (12), by striking ``section 103(c)'' and 
     inserting ``section 103(b)'';
       (3) by striking paragraph (16); and
       (4) by redesignating paragraphs (17) through (34) as 
     paragraphs (16) through (33), respectively.

     SEC. 202. FEDERAL-AID SYSTEM.

       (a) In General.--Section 103(a) of title 23, United States 
     Code, is amended by striking

[[Page S5651]]

     ``the National Highway System, which includes''.
       (b) Conforming Amendments.--
       (1) Section 103 of title 23, United States Code, is 
     amended--
       (A) by striking the section designation and heading and 
     inserting the following:

     ``Sec. 103. Federal-aid system'';

       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (2) Section 127(f) of title 23, United States Code, is 
     amended by striking ``section 103(c)(4)(A)'' and inserting 
     ``section 103(b)(4)(A)''.
       (3) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 103 
     and inserting the following:

``103. Federal-aid system.''.

     SEC. 203. APPORTIONMENT.

       Section 104 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund for each of fiscal years 2022 
     through 2026, to be made available to the Secretary for 
     administrative expenses of the Federal Highway 
     Administration, an amount equal to 1 percent of the amounts 
     made available for programs under this title for the fiscal 
     year.''; and
       (B) in paragraph (2)(B), by striking ``the Appalachian 
     development highway system'' and inserting ``the portions of 
     the Appalachian Development Highway System on the Interstate 
     System'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``the congestion mitigation and air quality improvement 
     program, the national highway freight program, and to carry 
     out section 134'' and inserting ``and the national highway 
     freight program'';
       (B) in each of paragraphs (1), (2), and (3), by striking 
     ``paragraphs (4), (5), and (6)'' and inserting ``paragraph 
     (4)'';
       (C) by striking paragraph (4);
       (D) by redesignating paragraph (5) as paragraph (4);
       (E) in paragraph (4) (as so redesignated)--
       (i) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Total amount.--The total amount set aside for the 
     national highway freight program for all States shall be 3.5 
     percent of the amounts made available for programs under this 
     title for each of fiscal years 2022 through 2026.''; and
       (ii) by striking subparagraph (D); and
       (F) by striking paragraph (6);
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``fiscal years 2016 through 2020'' and inserting ``fiscal 
     years 2022 through 2026'';
       (ii) in subparagraph (A)--

       (I) by striking clause (i) and inserting the following:

       ``(i) the base apportionment; by''; and

       (II) in clause (ii)(I), by striking ``fiscal year 2015'' 
     and inserting ``fiscal year 2021''; and

       (iii) in subparagraph (B), by striking ``(other than the 
     Mass Transit Account)''; and
       (B) in paragraph (2)--
       (i) by striking ``fiscal years 2016 through 2020'' and 
     inserting ``fiscal years 2022 through 2026''; and
       (ii) by striking ``the congestion mitigation and air 
     quality improvement program under section 149, the national 
     highway freight program under section 167, and to carry out 
     section 134'' and inserting ``and the national highway 
     freight program under section 167'';
       (4) by striking subsections (d) and (h);
       (5) by redesignating subsections (e) through (g) as 
     subsections (d) through (f), respectively;
       (6) by striking subsection (e) (as so redesignated) and 
     inserting the following:
       ``(e) Transferability of Funds.--
       ``(1) In general.--To the extent that a State determines 
     that funds made available under this title to the State for a 
     purpose are in excess of the needs of the State for that 
     purpose, the State may transfer the excess funds to, and use 
     the excess funds for, any surface transportation (including 
     public transportation and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines that a 
     State has transferred funds under paragraph (1) to a purpose 
     that is not a surface transportation purpose as described in 
     paragraph (1), the amount of the improperly transferred funds 
     shall be deducted from any amount the State would otherwise 
     receive from the Highway Trust Fund for the fiscal year that 
     begins after the date of the determination.''; and
       (7) by striking subsection (i) and inserting the following:
       ``(g) Base Apportionment Defined.--In this section, the 
     term `base apportionment' means the combined amount 
     authorized for appropriation for the national highway 
     performance program under section 119, the surface 
     transportation block grant program under section 133, the 
     highway safety improvement program under section 148, and the 
     national highway freight program under section 167.''.

     SEC. 204. ADDITIONAL DEPOSITS IN HIGHWAY TRUST FUND.

       (a) In General.--Section 105 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 105.

     SEC. 205. PROJECT APPROVAL AND OVERSIGHT.

       Section 106 of title 23, United States Code, is amended--
       (1) in subsection (c)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--For any project under this title, the 
     State may assume the responsibilities of the Secretary under 
     this title for design, plans, specifications, estimates, 
     contract awards, and inspections with respect to the project, 
     unless the Secretary determines that the assumption is not 
     appropriate.''; and
       (B) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively;
       (2) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``this section, section 133, or section 
     149'' and inserting ``this section or section 133'';
       (3) in subsection (e)(2)--
       (A) in subparagraph (A), by striking ``the National Highway 
     System'' and inserting ``the Interstate System''; and
       (B) in subparagraph (B), by striking ``the National Highway 
     System'' and inserting ``the Interstate System''; and
       (4) in subsection (h)(3)(C), in the second sentence, by 
     striking ``statewide and metropolitan planning requirements 
     in sections 134 and 135'' and inserting ``statewide planning 
     requirements under section 135''.

     SEC. 206. STANDARDS.

       (a) In General.--Section 109 of title 23, United States 
     Code, is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsections (d) through (n) as 
     subsections (c) through (m), respectively;
       (3) by striking subsection (o);
       (4) by redesignating subsections (p) through (r) as 
     subsections (n) through (p), respectively; and
       (5) in subsection (n) (as so redesignated), in the matter 
     preceding paragraph (1), by striking ``Notwithstanding 
     subsections (b) and (c), the Secretary may approve a project 
     for the National Highway System'' and inserting 
     ``Notwithstanding subsection (b), the Secretary may approve a 
     project for the Interstate System''.
       (b) Technical and Conforming Amendments.--Section 112 of 
     title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(F), by striking ``(F)(F) Subparagraphs 
     (B), (C), (D), and (E) herein'' and inserting the following:
       ``(F) Limitation.--Subparagraphs (B) through (E)''; and
       (B) in paragraph (4)(C)(iv)(II), by striking ``section 
     109(r)'' and inserting ``section 109(p)''; and
       (2) in subsection (g)(2)(B), by striking ``section 
     109(e)(2)'' and inserting ``section 109(d)(2)''.

     SEC. 207. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY 
                   PROJECTS.

       Section 117 of title 23, United States Code, is amended--
       (1) by striking subsection (d) and inserting the following:
       ``(d) Eligible Projects.--Except as provided in subsection 
     (e), the Secretary may make a grant under this section only 
     for a project that--
       ``(1) is--
       ``(A) a highway freight project carried out on the National 
     Highway Freight Network established under section 167;
       ``(B) a highway or bridge project carried out on the 
     Interstate System, including a project to add capacity to the 
     Interstate System to improve mobility; or
       ``(C) a railway-highway grade crossing or grade separation 
     project on the Interstate System; and
       ``(2) has eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(A) $100,000,000; and
       ``(B) in the case of a project--
       ``(i) located in 1 State, 30 percent of the amount 
     apportioned under this chapter to the State in the most 
     recently completed fiscal year; or
       ``(ii) located in more than 1 State, 50 percent of the 
     amount apportioned under this chapter to the participating 
     State with the largest apportionment under this chapter in 
     the most recently completed fiscal year.'';
       (2) in subsection (e)(1), by striking ``described in 
     subsection (d)(1)(A) that do not satisfy the minimum 
     threshold under subsection (d)(1)(B)'' and inserting 
     ``described in subsection (d)(1) that do not satisfy the 
     minimum threshold under subsection (d)(2)'';
       (3) by striking subsections (k) and (l);
       (4) by redesignating subsections (m) and (n) as subsections 
     (k) and (l), respectively; and
       (5) in paragraph (1) of subsection (k) (as so 
     redesignated)--
       (A) by striking subparagraph (B); and
       (B) in subparagraph (A)--
       (i) in the first sentence, by striking ``At least 60 days'' 
     and inserting ``Not less than 60 days''; and
       (ii) in the second sentence, by striking ``The 
     notification'' and inserting the following:
       ``(B) Inclusions.--Each notification under subparagraph 
     (A)''.

     SEC. 208. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

       Section 119 of title 23, United States Code, is amended--

[[Page S5652]]

       (1) in subsection (b), by striking ``the National Highway 
     System'' each place it appears and inserting ``the Interstate 
     System'';
       (2) in subsection (c), by striking ``the National Highway 
     System, as defined in section 103'' and inserting ``the 
     Interstate System'';
       (3) in subsection (d)--
       (A) by striking ``the National Highway System'' each place 
     it appears and inserting ``the Interstate System'';
       (B) in paragraph (1)(B), by striking ``sections 134 and 
     135'' and inserting ``section 135''; and
       (C) in paragraph (2)--
       (i) by striking subparagraphs (F) through (H);
       (ii) by redesignating subparagraphs (I) through (L) as 
     subparagraphs (F) through (I), respectively; and
       (iii) by striking subparagraphs (M) through (P);
       (4) in subsection (e), by striking ``the National Highway 
     System'' each place it appears and inserting ``the Interstate 
     System'';
       (5) in subsection (f)--
       (A) in the subsection heading, by striking ``and NHS''; and
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``NHS'' and 
     inserting ``Interstate system''; and
       (ii) by striking ``the National Highway System'' each place 
     it appears and inserting ``the Interstate System'';
       (6) by striking subsections (g) through (i); and
       (7) by redesignating subsection (j) as subsection (g).

     SEC. 209. FEDERAL SHARE PAYABLE.

       Section 120 of title 23, United States Code, is amended--
       (1) by striking subsection (b);
       (2) by redesignating subsections (c) through (f) as 
     subsections (b) through (e), respectively;
       (3) in subsection (b) (as so redesignated)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraph (3) as paragraph (2); and
       (C) in paragraph (2) (as so redesignated)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``paragraph (1), (2), (5)(D), or (6) of 
     section 104(b)'' and inserting ``paragraph (1) or (2) of 
     section 104(b)''; and
       (ii) in subparagraph (C)(i), by striking ``paragraphs (1), 
     (2), (5)(D), and (6) of section 104(b)'' and inserting 
     ``paragraphs (1) and (2) of section 104(b)'';
       (4) in subsection (c) (as so redesignated), in the first 
     sentence, by striking ``lands referred to in subsections (a) 
     and (b) of this section'' and inserting ``land referred to in 
     subsection (a)'';
       (5) in subsection (d) (as so redesignated), in the matter 
     preceding paragraph (1)--
       (A) by striking ``, including the Interstate System,''; and
       (B) by striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a)'';
       (6) by striking subsection (g); and
       (7) by redesignating subsections (h) through (k) as 
     subsections (g) through (j), respectively.

     SEC. 210. EMERGENCY RELIEF.

       Section 125 of title 23, United States Code, is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``highways, roads, and trails,'' and 
     inserting ``highways on the Interstate System'';
       (2) in subsection (c)(1), by striking ``(other than the 
     Mass Transit Account)'';
       (3) in subsection (d)--
       (A) in paragraph (3)(C), by inserting ``(as in effect on 
     the day before the date of enactment of the Transportation 
     Empowerment Act)'' after ``subsection (e)(1)''; and
       (B) by striking paragraph (5);
       (4) by striking subsections (e) and (f); and
       (5) by redesignating subsection (g) as subsection (e).

     SEC. 211. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

       (a) In General.--Section 126 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 126.

     SEC. 212. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.

       (a) In General.--Section 129 of title 23, United States 
     Code, is amended--
       (1) by striking subsections (b) and (c);
       (2) in subsection (a)--
       (A) by striking ``(a) Basic program.--''; and
       (B) by redesignating paragraphs (1) through (10) as 
     subsections (a) through (j), respectively, and indenting 
     appropriately;
       (3) in subsection (a) (as so redesignated)--
       (A) by striking subparagraphs (B) and (F);
       (B) by redesignating subparagraphs (A), (C), (D), (E), (G), 
     (H), and (I) as paragraphs (1) through (7), respectively, and 
     indenting appropriately;
       (C) in paragraph (1) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel'' each place it 
     appears;
       (D) in paragraph (3) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel'' each place it 
     appears;
       (E) in paragraph (4) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel'' each place it 
     appears;
       (F) in paragraph (6) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``tunnel''; and
       (G) in paragraph (7), by striking ``this paragraph'' and 
     inserting ``this subsection'';
       (4) in subsection (b) (as so redesignated)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``this subsection'' and inserting ``this section''; and
       (B) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately;
       (5) in subsection (c) (as so redesignated)--
       (A) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively, and indenting 
     appropriately;
       (B) in paragraph (1) (as so redesignated), by redesignating 
     clauses (i) through (v) as subparagraphs (A) through (E), 
     respectively, and indenting appropriately;
       (C) in paragraph (2) (as so redesignated)--
       (i) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting appropriately; and
       (ii) in subparagraph (A) (as so redesignated), by striking 
     ``subparagraph (A)'' and inserting ``paragraph (1)''; and
       (D) in paragraph (3) (as so redesignated), by striking 
     ``subparagraph (A)'' each place it appears and inserting 
     ``paragraph (1)'';
       (6) in subsection (d) (as so redesignated)--
       (A) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately; and
       (B) in paragraph (2) (as so redesignated), by striking 
     ``this paragraph'' and inserting ``this subsection'';
       (7) in subsection (e) (as so redesignated), by striking 
     ``paragraph (1)'' and inserting ``subsection (a)'';
       (8) in subsection (f) (as so redesignated), by striking 
     ``paragraph (3)'' and inserting ``subsection (c)'';
       (9) in subsection (g) (as so redesignated)--
       (A) by redesignating subparagraphs (A) through (I) as 
     paragraphs (1) through (9), respectively, and indenting 
     appropriately;
       (B) by striking ``this paragraph'' each place it appears 
     and inserting ``this subsection'';
       (C) in paragraph (1) (as so redesignated), by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and indenting appropriately; and
       (D) in paragraph (8) (as so redesignated), by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and indenting appropriately; and
       (10) in subsection (j) (as so redesignated)--
       (A) by redesignating subparagraphs (A) through (E) as 
     paragraphs (1) through (5), respectively, and indenting 
     appropriately;
       (B) in the matter preceding paragraph (1) (as so 
     redesignated), by striking ``this subsection'' and inserting 
     ``this section'';
       (C) in paragraph (2) (as so redesignated), by redesignating 
     clauses (i) and (ii) as subparagraphs (A) and (B), 
     respectively, and indenting appropriately; and
       (D) in paragraph (5) (as so redesignated), by striking 
     ``this subsection'' and inserting ``this section''.
       (b) Conforming Amendments.--
       (1) Section 165(c)(6)(A) of title 23, United States Code, 
     is amended--
       (A) by striking clause (iii); and
       (B) by redesignating clauses (iv) through (vii) as clauses 
     (iii) through (vi), respectively.
       (2) Section 166(c)(2) of title 23, United States Code, is 
     amended by striking ``section 129(a)(3)'' and inserting 
     ``section 129(c)''.
       (3) Section 9 of the International Bridge Act of 1972 (33 
     U.S.C. 535f) is amended in the second sentence by striking 
     ``section 129(a)(3)'' and inserting ``section 129(c)''.

     SEC. 213. RAILWAY-HIGHWAY CROSSINGS.

       (a) In General.--Section 130 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     130.
       (2) Section 409 of title 23, United States Code, is amended 
     by striking ``sections 130, 144, and 148'' and inserting 
     ``sections 144 and 148''.

     SEC. 214. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.

       (a) In General.--Section 133 of title 23, United States 
     Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (B), (C), and (E);
       (ii) by redesignating subparagraphs (D) and (F) as 
     subparagraphs (B) and (C), respectively;
       (iii) in subparagraph (A), by inserting ``that are on the 
     Interstate System'' after ``title 40'';
       (iv) in subparagraph (B) (as so redesignated)--

       (I) by inserting ``on the Interstate System'' after 
     ``improvements''; and
       (II) by inserting ``and'' after the semicolon at the end; 
     and

       (v) in subparagraph (C) (as so redesignated), by inserting 
     ``that are on the Interstate System'' before the period at 
     the end;
       (B) by striking paragraphs (3), (5), (6), (7), (11), (13), 
     and (15);
       (C) by redesignating paragraphs (4), (8), (9), (10), (12), 
     and (14) as paragraphs (3) through (8), respectively;
       (D) in paragraph (3) (as so redesignated), by striking`` 
     and transit safety infrastructure improvements and programs, 
     including railway-highway grade crossings'' and inserting 
     ``safety infrastructure improvements and programs on the 
     Interstate System'';
       (E) in paragraph (4) (as so redesignated), by striking 
     ``the National Highway System and a performance-based 
     management program for other public roads'' and inserting 
     ``the Interstate System'';

[[Page S5653]]

       (F) in paragraph (5) (as so redesignated), by inserting 
     ``on the Interstate System'' before the period at the end;
       (G) in paragraph (6) (as so redesignated), by inserting 
     ``with respect to the Interstate System'' before the period 
     at the end;
       (H) in paragraph (7) (as so redesignated), by inserting 
     ``on the Interstate System'' before the period at the end; 
     and
       (I) in paragraph (8) (as so redesignated), by striking 
     ``and chapter 53 of title 49'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Location of Projects.--A project under this section 
     may only be carried out on a road on the Interstate 
     System.'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(after the reservation of funds under subsection (h))''; 
     and
       (ii) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``paragraph (6)'' and inserting ``paragraph 
     (5)'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraphs (3) through (6) as 
     paragraphs (2) through (5), respectively;
       (D) in paragraph (4) (as so redesignated), by striking 
     ``sections 134 and 135'' and inserting ``section 135''; and
       (E) in paragraph (5) (as so redesignated), by striking 
     ``is'' and all that follows through the period at the end and 
     inserting ``is 55 percent for each of fiscal years 2022 
     through 2026.'';
       (4) in subsection (e)(1), in the matter preceding 
     subparagraph (A), by striking ``fiscal years 2016 through 
     2020'' and inserting ``fiscal years 2022 through 2026''; and
       (5) by striking subsections (f) through (i).
       (b) Conforming Amendment.--Section 165(c)(7) of title 23, 
     United States Code, is amended by striking ``paragraphs (1) 
     through (4) of section 133(c) and section 133(b)(12)'' and 
     inserting ``section 133(b)(7)''.

     SEC. 215. METROPOLITAN TRANSPORTATION PLANNING.

       (a) In General.--Section 134 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     134.
       (2) Section 2864(f)(2) of title 10, United States Code, is 
     amended by inserting ``(as in effect on the day before the 
     date of enactment of the Transportation Empowerment Act)'' 
     after ``title 23''.
       (3) Section 108(d)(5)(A) of title 23, United States Code, 
     is amended by striking ``sections 134 and 135'' and inserting 
     ``section 135''.
       (4) Section 135 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)--
       (i) in paragraph (1), by striking ``Subject to section 134, 
     to accomplish the objectives stated in section 134(a)'' and 
     inserting ``To accomplish the objectives stated in section 
     134(a) (as in effect on the day before the date of enactment 
     of the Transportation Empowerment Act)''; and
       (ii) in paragraph (3), by inserting ``(as in effect on the 
     day before the date of enactment of the Transportation 
     Empowerment Act)'' after ``section 134(a)'';
       (B) in subsection (b)(1), by striking ``with the 
     transportation planning activities carried out under section 
     134 for metropolitan areas of the State and'';
       (C) in subsection (f)--
       (i) in paragraph (2)--

       (I) by striking subparagraph (A); and
       (II) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (A), (B), and (C), respectively;

       (ii) by striking paragraph (4);
       (iii) in paragraph (6), by striking ``paragraph (5)'' and 
     inserting ``paragraph (4)''; and
       (iv) by redesignating paragraphs (5) through (9) as 
     paragraphs (4) through (8), respectively;
       (D) in subsection (g)--
       (i) in paragraph (2)--

       (I) by striking subparagraph (A); and
       (II) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (A) and (B), respectively;

       (ii) in paragraph (3), by striking ``,,'' and inserting a 
     comma;
       (iii) in paragraph (6)(B), by striking ``5310, 5311, 5316, 
     and 5317'' and inserting ``5310 and 5311''; and
       (iv) in paragraph (8), by striking ``and section 134'';
       (E) in subsection (i), by striking ``apportioned under 
     paragraphs (5)(D) and (6) of section 104(b) of this title 
     and'';
       (F) in subsection (j), by striking ``and section 134'' each 
     place it appears; and
       (G) by adding at the end the following:
       ``(n) Definitions.--In this section, the definitions under 
     section 134(b) (as in effect on the day before the date of 
     enactment of the Transportation Empowerment Act) shall 
     apply.''.
       (5) Section 137 of title 23, United States Code, is 
     amended--
       (A) by striking subsection (e); and
       (B) by redesignating subsections (f) and (g) as subsections 
     (e) and (f), respectively.
       (6) Section 166 of title 23, United States Code, is amended 
     by striking subsection (g).
       (7) Section 168(a)(3) of title 23, United States Code, is 
     amended by striking ``metropolitan or statewide 
     transportation planning under section 134 or 135, 
     respectively'' and inserting ``statewide transportation 
     planning under section 135''.
       (8) Section 201(c)(1) of title 23, United States Code, is 
     amended by striking ``sections 134 and 135'' and inserting 
     ``section 135''.
       (9) Section 327(a)(2)(B)(iv)(I) of title 23, United States 
     Code, is amended by striking ``134 or''.
       (10) Section 505 of title 23, United States Code, is 
     amended--
       (A) in subsection (a)(2)--
       (i) by striking ``metropolitan and''; and
       (ii) by striking ``sections 134 and 135'' and inserting 
     ``section 135''; and
       (B) in subsection (b)(2), by striking ``sections 134 and 
     135'' and inserting ``section 135''.
       (11) Section 602(a)(3) of title 23, United States Code, is 
     amended by striking ``sections 134 and 135'' and inserting 
     ``section 135''.
       (12) Section 174 of the Clean Air Act (42 U.S.C. 7504) is 
     amended--
       (A) in the fourth sentence of subsection (a), by striking 
     ``the metropolitan planning organization designated to 
     conduct the continuing, cooperative and comprehensive 
     transportation planning process for the area under section 
     134 of title 23, United States Code,'';
       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (13) Section 176(c) of the Clean Air Act (42 U.S.C. 
     7506(c)) is amended--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking the second sentence;
       (B) in paragraph (7)(A), in the matter preceding clause 
     (i), by striking ``section 134(i) of title 23, United States 
     Code, or''; and
       (C) in paragraph (9)--
       (i) by striking ``section 134(i) of title 23, United States 
     Code, or''; and
       (ii) by striking ``under section 134(j) of such title 23 
     or''.
       (14) Section 182(c)(5) of the Clean Air Act (42 U.S.C. 
     7511a(c)(5)) is amended--
       (A) by striking ``(A) Beginning'' and inserting 
     ``Beginning''; and
       (B) in the last sentence by striking ``and with the 
     requirements of section 174(b)''.
       (15) Section 5304(i) of title 49, United States Code, is 
     amended--
       (A) by striking ``sections 134 and 135'' each place it 
     appears and inserting ``section 135''; and
       (B) by striking ``this this'' and inserting ``this''.

     SEC. 216. CONTROL OF JUNKYARDS.

       Section 136 of title 23, United States Code, is amended--
       (1) in subsection (a), by striking ``and the primary 
     system'';
       (2) in subsection (b), in the first sentence--
       (A) by striking ``and the primary system''; and
       (B) by striking ``paragraphs (1) through (6) of section 
     104(b)'' and inserting ``paragraphs (1) through (4) of 
     section 104(b)'';
       (3) in subsection (g), by striking ``and the primary 
     system'';
       (4) in subsection (k), by striking ``interstate and primary 
     systems'' and inserting ``Interstate System''; and
       (5) by striking subsection (n).

     SEC. 217. ENFORCEMENT OF REQUIREMENTS.

       Section 141 of title 23, United States Code, is amended--
       (1) in subsection (a), in the first sentence, by striking 
     ``the Federal-aid primary system, the Federal-aid urban 
     system, and the Federal-aid secondary system, including the 
     Interstate System'' and inserting ``the Interstate System''; 
     and
       (2) in subsection (b)(2), by striking ``paragraphs (1) 
     through (6) of section 104(b)'' and inserting ``paragraphs 
     (1) through (4) of section 104(b)''.

     SEC. 218. PUBLIC TRANSPORTATION.

       (a) In General.--Section 142 of title 23, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (2);
       (B) in the second sentence, by striking ``If fees'' and 
     inserting the following:
       ``(2) Rate.--If fees''; and
       (C) by striking ``(a)(1) To encourage'' and inserting the 
     following:
       ``(a) Construction of Facilities.--
       ``(1) In general.--To encourage'';
       (2) by striking subsections (d), (g), (h), and (i);
       (3) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively; and
       (4) in subsection (d) (as so redesignated)--
       (A) by striking ``of this section'' each place it appears;
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (b) Conforming Amendment.--Section 156(a) of title 23, 
     United States Code, is amended by striking ``section 142(f)'' 
     and inserting ``section 142(e)''.

     SEC. 219. HIGHWAY USE TAX EVASION PROJECTS.

       Section 143(b)(2)(A) of title 23, United States Code, is 
     amended by striking ``each of fiscal years 2016 through 
     2020'' and inserting ``each of fiscal years 2022 through 
     2026''.

     SEC. 220. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION 
                   STANDARDS.

       Section 144 of title 23, United States Code, is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A), by striking ``highway bridges and 
     tunnels of the United States'' and inserting ``bridges on the 
     Interstate System'';
       (B) in subparagraph (B), by striking ``highway bridges and 
     tunnels'' and inserting ``bridges on the Interstate System''; 
     and
       (C) in subparagraph (E), by striking ``National Highway 
     System bridges and bridges

[[Page S5654]]

     on all public roads'' and inserting ``bridges on the 
     Interstate System'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``all highway bridges on 
     public roads, on and off Federal-aid highways,'' and 
     inserting ``all bridges on the Interstate System,''; and
       (B) in paragraph (2), by striking ``all tunnels on public 
     roads, on and off Federal-aid highways,'' and inserting ``all 
     tunnels on the Interstate System,'';
       (3) in subsection (d)--
       (A) by striking paragraphs (2) and (4); and
       (B) by redesignating paragraph (3) as paragraph (2);
       (4) in subsection (e)(1), by inserting ``on the Interstate 
     System'' after ``any bridge'';
       (5) in subsection (f)(1), in the matter preceding 
     subparagraph (A), by inserting ``on the Interstate System'' 
     after ``any bridge'';
       (6) in subsection (g)--
       (A) in paragraph (1), by inserting ``on the Interstate 
     System'' after ``any bridge''; and
       (B) in paragraph (3), by striking ``bridges on and off 
     Federal-aid highways'' and inserting ``bridges on the 
     Interstate System'';
       (7) in subsection (h)--
       (A) in paragraph (1)(A), by striking ``highway bridges and 
     tunnels'' and inserting ``bridges and tunnels on the 
     Interstate System'';
       (B) in paragraph (2), by striking ``highway'' each place it 
     appears and inserting ``Interstate System''; and
       (C) in paragraph (3)(B)(i), by striking ``highway bridges'' 
     and inserting ``Interstate System bridges'';
       (8) in subsection (i)(1), by striking ``highway bridge'' 
     and inserting ``Interstate System bridge''; and
       (9) in subsection (j)--
       (A) in paragraph (3)(B), by striking ``a transportation 
     improvement program under section 134(j) or a statewide 
     transportation improvement program under section 135, as 
     applicable'' and inserting ``a statewide transportation 
     improvement program under section 135''; and
       (B) in paragraph (4)(A), by striking ``sections 134 and 
     135'' and inserting ``section 135''.

     SEC. 221. CARPOOL AND VANPOOL PROJECTS.

       (a) In General.--Section 146 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 146.

     SEC. 222. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 
                   FACILITIES.

       (a) In General.--Section 147 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 147.

     SEC. 223. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       Section 148 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``roadway functionally 
     classified as a rural major or minor collector or a rural 
     local road'' and inserting ``road on the Interstate System'';
       (B) in paragraph (2), by striking ``all public roads'' and 
     inserting ``all roads on the Interstate System'';
       (C) in paragraph (4)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``on a public road'' and inserting ``on the 
     Interstate System''; and
       (ii) in subparagraph (B)--

       (I) in clause (iii), by striking ``, if the rumble strips 
     or other warning devices do not adversely affect the safety 
     or mobility of bicyclists and pedestrians, including persons 
     with disabilities'';
       (II) by striking clauses (v), (xviii), (xix), (xxiii), 
     (xxvi), (xxvii), and (xxviii);
       (III) by redesignating clauses (vi) through (xvii), (xx) 
     through (xxii), (xxiv), and (xxv) as clauses (v) through 
     (xxi), respectively; and
       (IV) in clause (xix) (as so redesignated), by inserting 
     ``on the Interstate System'' after ``improvements'';

       (D) in paragraph (9)(A), by striking ``a public road'' and 
     inserting ``the Interstate System''; and
       (E) in paragraph (11)(D), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (2) in subsection (b)(2), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (3) in subsection (c)(2)--
       (A) in subparagraph (A)(i), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land in the State'' and inserting ``all roads on the 
     Interstate System, including non-State owned roads on the 
     Interstate System and roads on the Interstate System on 
     tribal land in the State'';
       (B) in subparagraph (B)(iii), by striking ``all public 
     roads'' and inserting ``all roads on the Interstate System'';
       (C) in subparagraph (C)(i), by striking ``all public 
     roads'' and inserting ``all roads on the Interstate System''; 
     and
       (D) in subparagraph (D)--
       (i) in clause (ii), by striking ``all public roads, 
     including public non-State-owned roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (ii) in clause (iii), by striking ``all public roads'' and 
     inserting ``all roads on the Interstate System''; and
       (iii) in clause (v), by striking ``all public roads in the 
     State'' and inserting ``all roads on the Interstate System in 
     the State'';
       (4) in subsection (d)(1)(B)--
       (A) in clause (iv), by striking ``rural roads, including 
     all public roads,'' and inserting ``roads on the Interstate 
     System in rural areas''; and
       (B) in clause (viii), by striking ``all public roads, 
     including non-State-owned public roads and roads on tribal 
     land'' and inserting ``all roads on the Interstate System, 
     including non-State owned roads on the Interstate System and 
     roads on the Interstate System on tribal land'';
       (5) in subsection (e)(1)--
       (A) in subparagraph (A), by striking ``on any public road 
     or publicly owned bicycle or pedestrian pathway or trail'' 
     and inserting ``on any road on the Interstate System''; and
       (B) in subparagraph (C), by striking ``a public road'' and 
     inserting ``a road on the Interstate System'';
       (6) in subsection (f)(1)(B), by striking ``all public 
     roads'' each place it appears and inserting ``all roads on 
     the Interstate System'';
       (7) in subsection (h)(1)(C), by striking ``all public 
     roads'' each place it appears and inserting ``all roads on 
     the Interstate System'';
       (8) in subsection (i)(2)(D), by striking ``safety safety'' 
     and inserting ``safety'';
       (9) in subsection (j), by striking ``sections 120 and 130'' 
     and inserting ``section 120''; and
       (10) by striking subsection (k).

     SEC. 224. REPEAL OF CONGESTION MITIGATION AND AIR QUALITY 
                   IMPROVEMENT PROGRAM.

       (a) In General.--Section 149 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     149.
       (2) Section 322(h)(3) of title 23, United States Code, is 
     amended by striking ``and the congestion mitigation and air 
     quality improvement program under section 149''.
       (3) Section 505(a)(3) of title 23, United States Code, is 
     amended by striking ``149,''.

     SEC. 225. NATIONAL GOALS AND PERFORMANCE MEASURES.

       Section 150 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``all public roads'' and 
     inserting ``all roads on the Interstate System''; and
       (B) in paragraph (3), by striking ``National Highway 
     System'' and inserting ``Interstate System'';
       (2) in subsection (c)--
       (A) in paragraph (3)(A)(ii), by striking subclauses (II) 
     through (V) and inserting the following:

       ``(II) the condition of bridges on the Interstate System; 
     and
       ``(III) the performance of the Interstate System;'';

       (B) by striking paragraph (5); and
       (C) by redesignating paragraph (6) as paragraph (5);
       (3) in subsection (d)(1), by striking ``(5), and (6)'' and 
     inserting ``and (5)''; and
       (4) in subsection (e), by striking ``National Highway 
     System'' each place it appears and inserting ``Interstate 
     System''.

     SEC. 226. NATIONAL ELECTRIC VEHICLE CHARGING AND HYDROGEN, 
                   PROPANE, AND NATURAL GAS FUELING CORRIDORS.

       Section 151(a) of title 23, United States Code, is amended 
     by striking ``major national highways'' and inserting ``the 
     Interstate System''.

     SEC. 227. HAZARD ELIMINATION PROGRAM.

       (a) In General.--Section 152 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 152.

     SEC. 228. NATIONAL SCENIC BYWAYS PROGRAM.

       Section 162(a)(2) of title 23, United States Code, is 
     amended by inserting ``, subject to the condition that the 
     road is a road on the Interstate System'' before the period 
     at the end.

     SEC. 229. NATIONAL HIGHWAY FREIGHT PROGRAM.

       Section 167 of title 23, United States Code, is amended--
       (1) in subsection (d)(2)--
       (A) in subparagraph (A), by striking ``subparagraph (E)'' 
     and inserting ``subparagraphs (E) and (F)''; and
       (B) by adding at the end the following:
       ``(F) Requirement.--In redesignating the primary highway 
     freight system under subparagraph (A), the Administrator 
     shall ensure that all roads on the primary highway freight 
     system are roads on the Interstate System.'';
       (2) in subsection (e)(1), in the matter preceding 
     subparagraph (A)--
       (A) by striking ``a public road'' and inserting ``a road on 
     the Interstate System''; and
       (B) by striking ``the public road'' and inserting ``the 
     road'';
       (3) in subsection (f), by striking ``public road'' each 
     place it appears and inserting ``road on the Interstate 
     System'';
       (4) in subsection (i)--

[[Page S5655]]

       (A) by striking ``section 104(b)(5)'' each place it appears 
     and inserting ``section 104(b)(4)'';
       (B) in paragraph (5)--
       (i) by striking subparagraph (B);
       (ii) by redesignating subparagraph (C) as subparagraph (B); 
     and
       (iii) in subparagraph (C) (as so redesignated)--

       (I) by striking clauses (vi), (xi), (xiv), (xviii), (xxii), 
     and (xxiii); and
       (II) by redesignating clauses (vii) through (x), (xii) and 
     (xiii), (xv) through (xvii), and (xix) through (xxi) as 
     clauses (vi) through (xvii), respectively;

       (C) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``for'' and all that follows through ``the necessary costs'' 
     in subparagraph (B) in the matter preceding clause (i) and 
     inserting ``for the necessary costs''; and
       (ii) by redesignating clauses (i) through (iii) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately; and
       (D) in paragraph (7), by striking ``sections 134 and 135'' 
     and inserting ``section 135'';
       (5) in subsection (k)(1)(A)(ii), by striking ``ports-of'' 
     and inserting ``ports of''; and
       (6) by striking subsection (l).

     SEC. 230. RECREATIONAL TRAILS PROGRAM.

       (a) In General.--Section 206 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) Section 325 of title 23, United States Code, is 
     amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 
     206.

     SEC. 231. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

       (a) In General.--Section 217 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) Section 1524(a) of MAP-21 (23 U.S.C. 206 note; Public 
     Law 112-141) is amended by striking ``sections 162, 206, 213, 
     and 217'' and inserting ``section 162''.
       (2) The analysis for chapter 2 of title 23, United States 
     Code, is amended by striking the item relating to section 
     217.

     SEC. 232. ALASKA HIGHWAY.

       (a) In General.--Section 218 of title 23, United States 
     Code, is repealed.
       (b) Clerical Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 218.

     SEC. 233. CONFORMING AMENDMENTS.

       (a) Control of Outdoor Advertising.--Section 131(t) of 
     title 23, United States Code, is amended by striking ``, and 
     any highway which is not on such system but which is on the 
     National Highway System''.
       (b) Elimination of Mass Transit Account.--
       (1) Section 102(b) of title 23, United States Code, is 
     amended in the first sentence by striking ``(other than the 
     Mass Transit Account)''.
       (2) Section 118(a) of title 23, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (3) Section 156(a) of title 23, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (4) Section 321 of title 23, United States Code, is amended 
     by striking ``(other than the Mass Transit Account)''.
       (5) Section 323(b)(1) of title 23, United States Code, is 
     amended in the matter preceding subparagraph (A) by striking 
     ``(other than the Mass Transit Account)''.
       (6) Section 521(b)(10) of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (7) Section 6308 of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (8) Section 31104(g) of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (9) Section 31110(d) of title 49, United States Code, is 
     amended by striking ``(other than the Mass Transit 
     Account)''.
       (10) Section 31138(d)(5) of title 49, United States Code, 
     is amended by striking ``(other than the Mass Transit 
     Account)''.
       (11) Section 31139(g)(5) of title 49, United States Code, 
     is amended by striking ``(other than the Mass Transit 
     Account)''.
       (c) National Highway System Repeal.--Section 111(d)(1) of 
     title 23, United States Code, is amended in the first 
     sentence by striking ``the National Highway System'' and 
     inserting ``the Interstate System''.

            TITLE III--HIGHWAY TRUST FUND AND RELATED TAXES

                Subtitle A--Highway Trust Fund Authority

     SEC. 301. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 
                   AUTHORITY.

       (a) Highway Trust Fund.--Section 9503 of the Internal 
     Revenue Code of 1986 is amended--
       (1) by striking ``October 1, 2021'' in subsections 
     (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 
     2026'', and
       (2) by striking ``Continuing Appropriations Act, 2021 and 
     Other Extensions Act'' in subsections (c)(1) and (e)(3) and 
     inserting ``Transportation Empowerment Act''.
       (b) Sport Fish Restoration and Boating Trust Fund.--Section 
     9504 of such Code is amended--
       (1) by striking ``Continuing Appropriations Act, 2021 and 
     Other Extensions Act'' each place it appears in subsection 
     (b)(2) and inserting ``Transportation Empowerment Act'', and
       (2) by striking ``October 1, 2021'' in subsection (d)(2) 
     and inserting ``October 1, 2026''.
       (c) Leaking Underground Storage Tank Trust Fund.--Section 
     9508(e)(2) of such Code is amended by striking ``October 1, 
     2021'' and inserting ``October 1, 2026''.

     SEC. 302. TERMINATION OF MASS TRANSIT ACCOUNT.

       Section 9503(e) of the Internal Revenue Code of 1986 is 
     amended--
       (1) in the first sentence of paragraph (2), by inserting 
     ``, and before October 1, 2021'' after ``March 31, 1983'', 
     and
       (2) by adding at the end the following:
       ``(6) Transfer to highway account.--On the date on which 
     Director of the Office of Management and Budget submits the 
     certification under section 105(c) of the Transportation 
     Empowerment Act, the Secretary shall transfer all amounts in 
     the Mass Transit Account to the Highway Account.''.

     SEC. 303. TRANSFER OF UNUSED COVID-19 APPROPRIATIONS TO THE 
                   HIGHWAY TRUST FUND.

       (a) Economic Injury Disaster Loan Subsidy.--
       (1) Transfer.--Of the unobligated balances from amounts 
     made available under the heading ``Small Business 
     Administration--Disaster Loans Program Account'' in title II 
     of division B of the Paycheck Protection Program and Health 
     Care Enhancement Act (Public Law 116-139), $13,500,000,000 
     are hereby transferred to the Highway Trust Fund.
       (2) Designation.--The amount transferred pursuant to 
     paragraph (1) that was previously designated by the Congress 
     as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is designated by the Congress as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and to section 251(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (b) Targeted EIDL Advance.--
       (1) Of the unobligated balances from amounts made available 
     under the heading ``Small Business Administration--Targeted 
     EIDL Advance'' in section 323(d)(1)(D) of division N of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-260), 
     $17,578,000,000 are hereby transferred to the Highway Trust 
     Fund.
       (2) The unobligated balances from amounts made available in 
     section 5002(b) of the American Rescue Plan Act of 2021 
     (Public Law 117-2) are hereby transferred to the Highway 
     Trust Fund.
       (c) Economic Stabilization Program.--Of the unobligated 
     balances from amounts made available in section 4027(a) of 
     the Coronavirus Aid, Relief, and Economic Security Act (15 
     U.S.C. 9601), $1,366,100,000 are hereby transferred to the 
     Highway Trust Fund.
       (d) Business Loans Program Account.--
       (1) Of the unobligated balances from amounts made available 
     under the heading ``Small Business Administration--Business 
     Loans Program Account, CARES Act'' in section 1107(a)(1) of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136), as amended by section 101(a)(2) of 
     division A of the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139), and in section 
     323(d)(1)(A) of division N of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260) for carrying out paragraphs 
     (36) and (37) of section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)), $4,684,000,000 are hereby transferred to the 
     Highway Trust Fund.
       (2) Of the unobligated balances from amounts made available 
     under the heading ``Small Business Administration--Business 
     Loans Program Account'' in section 323(d)(1)(F) of division N 
     of the Consolidated Appropriations Act, 2021 (Public Law 116-
     260), $992,000,000 are hereby transferred to the Highway 
     Trust Fund.
       (e) Pandemic Relief for Aviation Workers, Coronavirus Aid, 
     Relief, and Economic Security Act (CARES Act).--Of the 
     unobligated balances from amounts made available in section 
     4120 of the Coronavirus Aid, Relief, and Economic Security 
     Act (15 U.S.C. 9080), $3,000,000,000 are hereby transferred 
     to the Highway Trust Fund.
       (f) Education Stabilization Fund.--
       (1) Transfer.--Of the unobligated balances from amounts 
     made available under the heading ``Education Stabilization 
     Fund'' in title VIII of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) and in 
     title III of division M of the Consolidated Appropriations 
     Act, 2021 (Public Law 116-260) that were reserved for the 
     Higher Education Emergency Relief Fund by sections 
     18004(a)(1) and 18004(a)(2) of division B of the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136) 
     and sections 314(a)(1), 314(a)(2), and 314(a)(4) of division 
     M of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260), $353,400,000 are hereby transferred to the Highway 
     Trust Fund.
       (2) Designation.--The amount transferred pursuant to 
     paragraph (1) that was previously designated by the Congress 
     as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is designated by the Congress as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and to section 251(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (g) Small Business Administration, Salaries and Expenses.--

[[Page S5656]]

       (1) Rescission.--Of the unobligated balances from amounts 
     made available under the heading ``Small Business 
     Administration--Salaries and Expenses'' in section 1107(a)(2) 
     of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136), in title II of division B of the 
     Paycheck Protection Program and Health Care Enhancement Act 
     (Public Law 116-139), and in section 323(d)(1)(C) of division 
     N of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260), $175,000,000 are hereby transferred to the Highway 
     Trust Fund.
       (2) Designation.--The amount transferred pursuant to 
     paragraph (1) that was previously designated by the Congress 
     as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is designated by the Congress as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018, and to section 251(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       (h) Pandemic Relief for Aviation Workers.--Of the 
     unobligated balances from amounts made available in section 
     411 of subtitle A of title IV of division N of the 
     Consolidated Appropriations Act, 2021 (15 U.S.C. 9101), 
     $200,000,000 are hereby transferred to the Highway Trust 
     Fund.
       (i) Conforming Amendment.--Section 9503(f) of the Internal 
     Revenue Code of 1986 is amended by redesignating paragraph 
     (11) as paragraph (12) and by inserting after paragraph (10) 
     the following new paragraph:
       ``(11) Transfer of unused covid-19 appropriations.--There 
     is hereby transferred to the Highway Trust Fund the amounts 
     described in subsections (a) through (h) of section 303 of 
     the Transportation Empowerment Act.''.

     SEC. 304. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR 
                   EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19.

       (a) Termination of Credit.--
       (1) In general.--Section 3134 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (c)(5)--
       (i) in subparagraph (A), by adding ``and'' at the end,
       (ii) in subparagraph (B), by striking ``, and'' at the end 
     and inserting a period, and
       (iii) by striking subparagraph (C), and
       (B) in subsection (n), by striking ``January 1, 2022'' and 
     inserting ``October 1, 2021 (or, in the case of wages paid by 
     an eligible employer which is a recovery startup business, 
     January 1, 2022)''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to calendar quarters beginning after September 
     30, 2021.
       (b) Transfers of Savings to the Highway Trust Fund.--
     Section 9503(f) of the Internal Revenue Code of 1986, as 
     amended by section 303(i), is further amended by 
     redesignating paragraph (12) as paragraph (13) and by 
     inserting after paragraph (11) the following new paragraph:
       ``(12) Savings from termination of employee retention 
     credit for employers subject to closure due to covid-19.--
     There are hereby appropriated to the Highway Trust Fund 
     amounts equivalent to savings achieved as a result of the 
     amendments made by section 304 of the Transportation 
     Empowerment Act, as estimated by the Secretary.''.

     SEC. 305. TRANSFER OF UNUSED CORONAVIRUS STATE AND LOCAL 
                   FISCAL RECOVERY FUNDS TO THE HIGHWAY TRUST 
                   FUND.

       (a) Transfer of Funds.--
       (1) In general.--Of the unobligated balances of the amounts 
     appropriated under sections 602(a) and 603(a) of the Social 
     Security Act (42 U.S.C. 802(a), 803(a)) as of the date of 
     enactment of this Act, $70,000,000,000 are hereby transferred 
     to the Highway Trust Fund.
       (2) Apportionment.--In carrying out paragraph (1), the 
     Secretary of the Treasury shall transfer the funds specified 
     in such paragraph from the unobligated balances of the 
     amounts appropriated under sections 602(a)(1) and 603(a) of 
     such Act in equal proportion to the greatest extent 
     practicable.
       (b) Conforming Amendments.--
       (1) Coronavirus state fiscal recovery fund.--Section 
     602(b)(4) of the Social Security Act (42 U.S.C. 802(b)(4)) is 
     amended to read as follows:
       ``(4) Adjustment authority.--The amounts otherwise 
     determined for allocation and payment under paragraphs (1), 
     (2), and (3)--
       ``(A) shall be adjusted by the Secretary on a pro rata 
     basis to the extent necessary to carry out the transfer of 
     funds required under section 305(a) of the Transportation 
     Empowerment Act; and
       ``(B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are allocated to States, territories, and Tribal governments 
     in accordance with the requirements specified in each such 
     paragraph (as applicable).''.
       (2) Coronavirus local fiscal recovery fund.--Section 
     603(b)(5) of the Social Security Act (42 U.S.C. 803(b)(5) is 
     amended to read as follows:
       ``(5) Adjustment authority.--The amounts otherwise 
     determined for allocation and payment under paragraphs (1), 
     (2), and (3)--
       ``(A) shall be adjusted by the Secretary on a pro rata 
     basis to the extent necessary to carry out the transfer of 
     funds required under section 305(a) of the Transportation 
     Empowerment Act; and
       ``(B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are distributed to metropolitan cities, counties, and States 
     in accordance with the requirements specified in each 
     paragraph (as applicable) and the certification requirement 
     specified in subsection (d).''.
       (c) Conforming Amendment.--Section 9503(f) of the Internal 
     Revenue Code of 1986, as amended by section 304(b), is 
     further amended by redesignating paragraph (13) as paragraph 
     (14) and by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) Transfer of unused covid-19 appropriations.--There 
     is hereby transferred to the Highway Trust Fund the amounts 
     described in section 305(a) of the Transportation Empowerment 
     Act.''.

                   Subtitle B--Highway Related Taxes

     SEC. 311. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
                   KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY 
                   TRUST FUND.

       (a) Reduction in Tax Rate.--
       (1) In general.--Section 4081(a)(2)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in clause (i), by striking ``18.3 cents'' and inserting 
     ``7 cents'', and
       (B) in clause (iii), by striking ``24.3 cents'' and 
     inserting ``8.3 cents''.
       (2) Conforming amendments.--
       (A) Section 4081(a)(2)(D) of such Code is amended--
       (i) by striking ``19.7 cents'' and inserting ``6.7 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``8.3 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``2.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after'' and inserting ``1.5 cents per 
     gallon (zero cents per gallon after''.
       (2) Section 4041(a)(2)(B)(ii) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``7 cents''.
       (3) Clauses (iii) and (iv) of section 4041(a)(2)(B) of such 
     Code are each amended by striking ``24.3 cents'' and 
     inserting ``8.3 cents''.
       (4) Section 4041(a)(3)(A) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``7 cents''.
       (5) Section 4041(m)(1) of such Code is amended--
       (A) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``3.1 cents'',
       (B) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``3.9 cents'', and
       (C) in subparagraph (B), by striking all after ``2022'' and 
     inserting ``, zero cents per gallon.''.
       (6) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon'' and inserting ``zero cents per 
     gallon''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before the applicable date, tax has been imposed under 
     section 4081 of the Internal Revenue Code of 1986 on any 
     liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale;
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (in this subsection referred to as 
     the ``taxpayer'') an amount equal to the excess of the tax 
     paid by the taxpayer over the amount of such tax which would 
     be imposed on such liquid had the taxable event occurred on 
     such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before the date that is 6 months after the 
     applicable date, and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the applicable date--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before the date that is 3 months after the 
     applicable date, and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection--
       (A) Applicable date.--The term ``applicable date'' means 
     the first day of the first calendar quarter beginning after 
     the date of the enactment of this Act.
       (B) Other terms.--The terms ``dealer'' and ``held by a 
     dealer'' have the respective meanings given to such terms by 
     section 6412 of such Code; except that the term ``dealer'' 
     includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 and sections 6206 and 
     6675 of such Code shall apply for purposes of this 
     subsection.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraphs (2), the 
     amendments made by this section shall apply to fuel removed 
     on or

[[Page S5657]]

     after the first day of the first calendar quarter beginning 
     after the date of the enactment of this Act.
       (2) Certain conforming amendments.--The amendments made by 
     paragraphs (1), (2), (3), (4), and (5) of subsection (b) 
     shall apply to fuel sold or used after the first day of the 
     first calendar quarter beginning after the date of the 
     enactment of this Act.

     SEC. 312. EXTENSION OF HIGHWAY-RELATED TAXES.

       (a) In General.--
       (1) Each of the following provisions of the Internal 
     Revenue Code of 1986 is amended by striking ``September 30, 
     2022'' and inserting ``September 30, 2027'':
       (A) Section 4041(a)(1)(C)(iii)(I).
       (B) Section 4041(m)(1)(B).
       (C) Section 4081(d)(1).
       (2) Each of the following provisions of such Code is 
     amended by striking ``October 1, 2022'' and inserting 
     ``October 1, 2027'':
       (A) Section 4041(m)(1)(A).
       (B) Section 4051(c).
       (C) Section 4071(d).
       (D) Section 4081(d)(3).
       (b) Extension of Tax, etc., on Use of Certain Heavy 
     Vehicles.--Each of the following provisions of the Internal 
     Revenue Code of 1986 is amended by striking ``2023'' each 
     place it appears and inserting ``2028'':
       (1) Section 4481(f).
       (2) Subsections (c)(4) and (d) of section 4482.
       (c) Floor Stocks Refunds.--Section 6412(a)(1) of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``October 1, 2022'' each place it appears 
     and inserting ``October 1, 2027'',
       (2) by striking ``March 31, 2023'' each place it appears 
     and inserting ``March 31, 2027'', and
       (3) by striking ``January 1, 2023'' and inserting ``January 
     1, 2028''.
       (d) Extension of Certain Exemptions.--
       (1) Section 4221(a) of the Internal Revenue Code of 1986 is 
     amended by striking ``October 1, 2022'' and inserting 
     ``October 1, 2027''.
       (2) Section 4483(i) of such Code is amended by striking 
     ``October 1, 2023'' and inserting ``October 1, 2028''.
       (e) Extension of Transfers of Certain Taxes.--
       (1) In general.--Section 9503 of the Internal Revenue Code 
     of 1986 is amended--
       (A) in subsection (b)--
       (i) by striking ``October 1, 2022'' each place it appears 
     in paragraphs (1) and (2) and inserting ``October 1, 2027'',
       (ii) by striking ``October 1, 2022'' in the heading of 
     paragraph (2) and inserting ``October 1, 2027'',
       (iii) by striking ``September 30, 2022'' in paragraph (2) 
     and inserting ``September 30, 2027'', and
       (iv) by striking ``July 1, 2023'' in paragraph (2) and 
     inserting ``July 1, 2027'', and
       (B) in subsection (c)(2), by striking ``July 1, 2023'' and 
     inserting ``July 1, 2028''.
       (2) Small-engine fuel tax transfers.--Paragraph (4)(A) of 
     section 9503(c) of such Code is amended by striking ``October 
     1, 2022'' and inserting ``October 1, 2027''.
       (f) Termination of Motorboat Fuel Tax Transfers.--
       (1) In general.--Paragraph (3)(A)(i) of section 9503(c) of 
     such Code is amended by striking ``October 1, 2022'' and 
     inserting ``October 1, 2021''.
       (2) Conforming amendments to land and water conservation 
     fund.--Section 200310 of title 54, United States Code, is 
     amended--
       (A) by striking ``October 1, 2023'' each place it appears 
     and inserting ``October 1, 2022''; and
       (B) by striking ``October 1, 2022'' and inserting ``October 
     1, 2021''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2021.

                        TITLE IV--MISCELLANEOUS

     SEC. 401. NATIONAL ENVIRONMENTAL POLICY ACT MODIFICATIONS.

       (a) National Environmental Policy Act Modifications.--
       (1) Applicable timelines.--Title I of the National 
     Environmental Policy Act of 1969 is amended--
       (A) by redesignating section 105 (42 U.S.C. 4335) as 
     section 108; and
       (B) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. PROCESS REQUIREMENTS.

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' includes a 
     State that has assumed the responsibility of a Federal agency 
     under--
       ``(A) section 107; or
       ``(B) section 327 of title 23, United States Code.
       ``(2) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed the 
     responsibility of a Federal agency under--
       ``(A) section 107; or
       ``(B) section 327 of title 23, United States Code.
       ``(b) Applicable Timelines.--
       ``(1) NEPA process.--
       ``(A) In general.--The head of a Federal agency shall 
     complete the NEPA process for a proposed action of the 
     Federal agency, as described in section 109(3)(B)(ii), not 
     later than 2 years after the date described in section 
     109(3)(B)(i).
       ``(B) Environmental documents.--Within the period described 
     in subparagraph (A), not later than 1 year after the date 
     described in section 109(3)(B)(i), the head of the Federal 
     agency shall, with respect to the proposed action--
       ``(i) issue--

       ``(I) a finding that a categorical exclusion applies to the 
     proposed action; or
       ``(II) a finding of no significant impact; or

       ``(ii) publish a notice of intent to prepare an 
     environmental impact statement in the Federal Register.
       ``(C) Environmental impact statement.--If the head of a 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), within the period described in 
     subparagraph (A) and not later than 1 year after the date on 
     which the head of the Federal agency publishes the notice of 
     intent, the head of the Federal agency shall complete the 
     environmental impact statement and, if necessary, any 
     supplemental environmental impact statement for the proposed 
     action.
       ``(D) Penalties.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(II) Federal agency.--The term `Federal agency' does not 
     include a State.
       ``(III) Final nepa compliance date.--The term `final NEPA 
     compliance date', with respect to a proposed action, means 
     the date by which the head of a Federal agency is required to 
     complete the NEPA process under subparagraph (A).
       ``(IV) Head of a federal agency.--The term `head of a 
     Federal agency' does not include the governor or head of a 
     State agency of a State.
       ``(V) Initial eis compliance date.--The term `initial EIS 
     compliance date', with respect to a proposed action for which 
     a Federal agency published a notice of intent described in 
     subparagraph (B)(ii), means the date by which an 
     environmental impact statement for that proposed action is 
     required to be completed under subparagraph (C).
       ``(VI) Initial nepa compliance date.--The term `initial 
     NEPA compliance date', with respect to a proposed action, 
     means the date by which the head of a Federal agency is 
     required to issue or publish a document described in 
     subparagraph (B) for that proposed action under that 
     subparagraph.
       ``(VII) Initial noncompliance determination.--The term 
     `initial noncompliance determination' means a determination 
     under clause (ii)(I)(bb) that the head of a Federal agency 
     has not complied with the requirements of subparagraph (A), 
     (B), or (C).

       ``(ii) Initial noncompliance.--

       ``(I) Determination.--

       ``(aa) Notification.--As soon as practicable after the date 
     described in section 109(3)(B)(i) for a proposed action of a 
     Federal agency, the head of the Federal agency shall notify 
     the Director that the head of the Federal agency is beginning 
     the NEPA process for that proposed action.
       ``(bb) Determinations of compliance.--
       ``(AA) Initial determination.--As soon as practicable after 
     the initial NEPA compliance date for a proposed action, the 
     Director shall determine whether, as of the initial NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (B) for that proposed action.
       ``(BB) Environmental impact statement.--With respect to a 
     proposed action of a Federal agency in which the head of the 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), as soon as practicable after the 
     initial EIS compliance date for a proposed action, the 
     Director shall determine whether, as of the initial EIS 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (C) for that proposed action.
       ``(CC) Completion of nepa process.--As soon as practicable 
     after the final NEPA compliance date for a proposed action, 
     the Director shall determine whether, as of the final NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (A) for that proposed action.

       ``(II) Identification; penalty; notification.--If the 
     Director makes an initial noncompliance determination for a 
     proposed action--

       ``(aa) the Director shall identify the account for the 
     salaries and expenses of the office of the head of the 
     Federal agency, or an equivalent account;
       ``(bb) beginning on the day after the date on which the 
     Director makes the initial noncompliance determination, the 
     amount that the head of the Federal agency may obligate from 
     the account identified under item (aa) for the fiscal year 
     during which the determination is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(cc) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the initial noncompliance determination;
       ``(BB) the account identified under item (aa); and
       ``(CC) the reduction under item (bb).
       ``(iii) Continued noncompliance.--

       ``(I) Determination.--Every 90 days after the date of an 
     initial noncompliance determination, the Director shall 
     determine whether the head of the Federal agency has complied 
     with the applicable requirements of subparagraphs (A) through 
     (C) for the proposed action, until the date on which the 
     Director determines that the head of the Federal agency has 
     completed the NEPA process for the proposed action.
       ``(II) Penalty; notification.--For each determination made 
     by the Director under subclause (I) that the head of a 
     Federal agency

[[Page S5658]]

     has not complied with a requirement of subparagraph (A), (B), 
     or (C) for a proposed action--

       ``(aa) the amount that the head of the Federal agency may 
     obligate from the account identified under clause 
     (ii)(II)(aa) for the fiscal year during which the most recent 
     determination under subclause (I) is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(bb) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the determination under subclause (I); and
       ``(BB) the reduction under item (aa).
       ``(iv) Requirements.--

       ``(I) Amounts not restored.--A reduction in the amount that 
     the head of a Federal agency may obligate under clause 
     (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not 
     be restored for that fiscal year, without regard to whether 
     the head of a Federal agency completes the NEPA process for 
     the proposed action with respect to which the Director made 
     an initial noncompliance determination or a determination 
     under clause (iii)(I).
       ``(II) Required timelines.--The violation of subparagraph 
     (B) or (C), and any action carried out to remediate or 
     otherwise address the violation, shall not affect any other 
     applicable compliance date under subparagraph (A), (B), or 
     (C).

       ``(E) Unexpected circumstances.--If, while carrying out a 
     proposed action after the completion of the NEPA process for 
     that proposed action, a Federal agency or project sponsor 
     encounters a new or unexpected circumstance or condition that 
     may require the reevaluation of the proposed action under 
     this title, the head of the Federal agency with 
     responsibility for carrying out the NEPA process for the 
     proposed action shall--
       ``(i) consider whether mitigating the new or unexpected 
     circumstance or condition is sufficient to avoid significant 
     effects that may result from the circumstance or condition; 
     and
       ``(ii) if the head of the Federal agency determines under 
     clause (i) that the significant effects that result from the 
     circumstance or condition can be avoided, mitigate the 
     circumstance or condition without carrying out the NEPA 
     process again.
       ``(2) Authorizations and permits.--
       ``(A) In general.--Not later than 90 days after the date 
     described in section 109(3)(B)(ii), the head of a Federal 
     agency shall issue--
       ``(i) any necessary permit or authorization to carry out 
     the proposed action; or
       ``(ii) a denial of the permit or authorization necessary to 
     carry out the proposed action.
       ``(B) Effect of failure to issue authorization or permit.--
     If a permit or authorization described in subparagraph (A) is 
     not issued or denied within the period described in that 
     subparagraph, the permit or authorization shall be considered 
     to be approved.
       ``(C) Denial of permit or authorization.--
       ``(i) In general.--If a permit or authorization described 
     in subparagraph (A) is denied, the head of the Federal agency 
     shall describe to the project sponsor--

       ``(I) the basis of the denial; and
       ``(II) recommendations for the project sponsor with respect 
     to how to address the reasons for the denial.

       ``(ii) Recommended changes.--If the project sponsor carries 
     out the recommendations of the head of the Federal agency 
     under clause (i)(II) and notifies the head of the Federal 
     agency that the recommendations have been carried out, the 
     head of the Federal agency--

       ``(I) shall decide whether to issue the permit or 
     authorization described in subparagraph (A) not later than 90 
     days after date on which the project sponsor submitted the 
     notification; and
       ``(II) shall not carry out the NEPA process with respect to 
     the proposed action again.''.

       (2) Agency process reforms.--Section 105 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as 
     added by paragraph (1)(B)) is amended by adding at the end 
     the following:
       ``(c) Prohibitions.--In carrying out the NEPA process, the 
     head of a Federal agency may not--
       ``(1) consider whether a proposed action or an alternative 
     to the proposed action considered by the head of the Federal 
     agency, including the design, environmental impact, 
     mitigation measures, or adaptation measures of the proposed 
     action or alternative to the proposed action, has an effect 
     on climate change;
       ``(2) with respect to a proposed action or an alternative 
     to the proposed action considered by the head of the Federal 
     agency, consider the effects of the emission of greenhouse 
     gases on climate change;
       ``(3) consider an alternative to the proposed action if the 
     proposed action is not technically or economically feasible 
     to the project sponsor; or
       ``(4) consider an alternative to the proposed action that 
     is not within the jurisdiction of the Federal agency.
       ``(d) Environmental Documents.--
       ``(1) EIS required.--In carrying out the NEPA process for a 
     proposed action that requires the preparation of an 
     environmental impact statement, the head of a Federal agency 
     shall produce for the proposed action not more than 1--
       ``(A) environmental impact statement;
       ``(B) if necessary, environmental assessment; and
       ``(C) record of decision.
       ``(2) EIS not required.--In carrying out the NEPA process 
     for a proposed action that does not require the preparation 
     of an environmental impact statement, the head of a Federal 
     agency shall produce for the proposed action not more than 
     1--
       ``(A) environmental assessment; or
       ``(B) finding of no significant impact.
       ``(e) Categorical Exclusions.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and subject to paragraph (2), the head of a Federal 
     agency may, without further approval, use a categorical 
     exclusion under this title that has been approved by--
       ``(A)(i) another Federal agency; and
       ``(ii) the Council on Environmental Quality; or
       ``(B) an Act of Congress.
       ``(2) Requirements.--The head of a Federal agency may use a 
     categorical exclusion described in paragraph (1) if the head 
     of the Federal agency--
       ``(A) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       ``(B) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.
       ``(3) Extraordinary circumstances.--If the head of a 
     Federal agency determines that extraordinary circumstances 
     are present with respect to a proposed action, the head of 
     the Federal agency shall--
       ``(A) consider whether mitigating circumstances or other 
     conditions are sufficient to avoid significant effects of the 
     proposed action; and
       ``(B) if the head of the Federal agency determines that 
     those significant effects can be avoided, apply a categorical 
     exclusion to the proposed action.
       ``(f) Reuse of Work; Documents Prepared by Qualified 3rd 
     Parties.--
       ``(1) In general.--In carrying out the NEPA process for a 
     proposed action--
       ``(A) subject to paragraph (2), the head of a Federal 
     agency shall--
       ``(i) use any applicable findings and research from a prior 
     NEPA process of any Federal agency; and
       ``(ii) incorporate the findings and research described in 
     clause (i) into any applicable analysis under the NEPA 
     process; and
       ``(B) a Federal agency may adopt as an environmental impact 
     statement, environmental assessment, or other environmental 
     document to achieve compliance with this title--
       ``(i) an environmental document prepared under the law of 
     the applicable State if the head of the Federal agency 
     determines that the environmental laws of the applicable 
     State--

       ``(I) provide the same level of environmental analysis as 
     the analysis required under this title; and
       ``(II) allow for the opportunity of public comment; or

       ``(ii) subject to paragraph (3), an environmental document 
     prepared by a qualified third party chosen by the project 
     sponsor, at the expense of the project sponsor, if the head 
     of the Federal agency--

       ``(I) provides oversight of the preparation of the 
     environmental document by the third party; and
       ``(II) independently evaluates the environmental document 
     for the compliance of the environmental document with this 
     title.

       ``(2) Requirement for the reuse of findings and research.--
     The head of a Federal agency may reuse the applicable 
     findings and research described in paragraph (1)(A) if--
       ``(A)(i) the project for which the head of the Federal 
     agency is seeking to reuse the findings and research was in 
     close geographic proximity to the proposed action; and
       ``(ii) the head of the Federal agency determines that the 
     conditions under which the applicable findings and research 
     were issued have not substantially changed; or
       ``(B)(i) the project for which the head of the Federal 
     agency is seeking to reuse the findings and research was not 
     in close geographic proximity to the proposed action; and
       ``(ii) the head of the Federal agency determines that the 
     proposed action has similar issues or decisions as the 
     project.
       ``(3) Requirements for creation of environmental document 
     by qualified 3rd parties.--
       ``(A) In general.--A qualified third party may prepare an 
     environmental document intended to be adopted by a Federal 
     agency as the environmental impact statement, environmental 
     assessment, or other environmental document for a proposed 
     action under paragraph (1)(B)(ii) if--
       ``(i) the project sponsor submits a written request to the 
     head of the applicable Federal agency that the head of the 
     Federal agency approve the qualified third party to create 
     the document intended to be adopted by a Federal agency as 
     the environmental impact statement, environmental assessment, 
     or other environmental document; and
       ``(ii) the head of the Federal agency determines that--

       ``(I) the third party is qualified to prepare the document; 
     and
       ``(II) the third party has no financial or other interest 
     in the outcome of the proposed action.

       ``(B) Deadline.--The head of a Federal agency that receives 
     a written request under

[[Page S5659]]

     subparagraph (A)(i) shall issue a written decision approving 
     or denying the request not later than 30 days after the date 
     on which the written request is received.
       ``(C) No prior work.--The head of a Federal agency may not 
     adopt an environmental document under paragraph (1)(B)(ii) if 
     the qualified third party began preparing the document prior 
     to the date on which the head of the Federal agency issues 
     the written decision under subparagraph (B) approving the 
     request.
       ``(D) Denials.--If the head of a Federal agency issues a 
     written decision denying the request under subparagraph 
     (A)(i), the head of the Federal agency shall submit to the 
     project sponsor with the written decision the findings that 
     served as the basis of the denial.
       ``(g) Multi-Agency Projects.--
       ``(1) Definitions.--In this subsection:
       ``(A) Cooperating agency.--The term `cooperating agency' 
     means a Federal agency involved in a proposed action that--
       ``(i) is not the lead agency; and
       ``(ii) has the jurisdiction or special expertise such that 
     the Federal agency needs to be consulted--

       ``(I) to use a categorical exclusion; or
       ``(II) to prepare an environmental assessment or 
     environmental impact statement, as applicable.

       ``(B) Lead agency.--The term `lead agency' means the 
     Federal agency selected under paragraph (2)(A).
       ``(2) Agency designation.--
       ``(A) Lead agency.--In carrying out the NEPA process for a 
     proposed action that requires authorization from multiple 
     Federal agencies, the heads of the applicable Federal 
     agencies shall determine the lead agency for the proposed 
     action.
       ``(B) Invitation.--The head of the lead agency may invite 
     any relevant State, local, or Tribal agency with Federal 
     authorization decision responsibility to be a cooperating 
     agency.
       ``(3) Responsibilities of lead agency.--The lead agency for 
     a proposed action shall--
       ``(A) as soon as practicable and in consultation with the 
     cooperating agencies, determine whether a proposed action 
     requires the preparation of an environmental impact 
     statement; and
       ``(B) if the head of the lead agency determines under 
     subparagraph (A) that an environmental impact statement is 
     necessary--
       ``(i) be responsible for coordinating the preparation of an 
     environmental impact statement;
       ``(ii) provide cooperating agencies with an opportunity to 
     review and contribute to the preparation of the environmental 
     impact statement and environmental assessment, as applicable, 
     of the proposed action, except that the cooperating agency 
     shall limit comments to issues within the special expertise 
     or jurisdiction of the cooperating agency; and
       ``(iii) subject to subsection (c), as soon as practicable 
     and in consultation with the cooperating agencies, determine 
     the range of alternatives to be considered for the proposed 
     action.
       ``(4) Environmental documents.--In carrying out the NEPA 
     process for a proposed action, the lead agency shall prepare 
     not more than 1 of each type of document described in 
     paragraph (1) or (2) of subsection (d), as applicable--
       ``(A) in consultation with cooperating agencies; and
       ``(B) for all applicable Federal agencies.
       ``(5) Prohibitions.--
       ``(A) In general.--A cooperating agency may not evaluate an 
     alternative to the proposed action that has not been 
     determined to be within the range of alternatives considered 
     under paragraph (3)(B)(iii).
       ``(B) Omission.--If a cooperating agency submits to the 
     lead agency an evaluation of an alternative that does not 
     meet the requirements of subsection (c), the lead agency 
     shall omit the alternative from the environmental impact 
     statement.
       ``(h) Reports.--
       ``(1) NEPA data.--
       ``(A) In general.--The head of each Federal agency that 
     carries out the NEPA process shall carry out a process to 
     track, and annually submit to Congress a report containing, 
     the information described in subparagraph (B).
       ``(B) Information described.--The information referred to 
     in subparagraph (A) is, with respect to the Federal agency 
     issuing the report under that subparagraph--
       ``(i) the number of proposed actions for which a 
     categorical exclusion was issued during the reporting period;
       ``(ii) the length of time the Federal agency took to issue 
     the categorical exclusions described in clause (i);
       ``(iii) the number of proposed actions pending on the date 
     on which the report is submitted for which the issuance of a 
     categorical exclusion is pending;
       ``(iv) the number of proposed actions for which an 
     environmental assessment was issued during the reporting 
     period;
       ``(v) the length of time the Federal agency took to 
     complete each environmental assessment described in clause 
     (iv);
       ``(vi) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     assessment is being drafted;
       ``(vii) the number of proposed actions for which an 
     environmental impact statement was issued during the 
     reporting period;
       ``(viii) the length of time the Federal agency took to 
     complete each environmental impact statement described in 
     clause (vii); and
       ``(ix) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     impact statement is being drafted.
       ``(2) NEPA costs.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Chair of the Council on 
     Environmental Quality and the Director of the Office of 
     Management and Budget shall jointly develop a methodology to 
     assess the comprehensive costs of the NEPA process.
       ``(B) Requirements.--The head of each Federal agency that 
     carries out the NEPA process shall--
       ``(i) adopt the methodology developed under subparagraph 
     (A); and
       ``(ii) use the methodology developed under subparagraph (A) 
     to annually submit to Congress a report describing--

       ``(I) the comprehensive cost of the NEPA process for each 
     proposed action that was carried out within the reporting 
     period; and
       ``(II) for a proposed action for which the head of the 
     Federal agency is still completing the NEPA process at the 
     time the report is submitted--

       ``(aa) the amount of money expended to date to carry out 
     the NEPA process for the proposed action; and
       ``(bb) an estimate of the remaining costs before the NEPA 
     process for the proposed action is complete.''.
       (3) Legal reforms.--Section 105 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as 
     amended by paragraph (2)) is amended by adding at the end the 
     following:
       ``(i) Judicial Review.--
       ``(1) Standing.--Notwithstanding any other provision of 
     law, a plaintiff may only bring a claim arising under Federal 
     law seeking judicial review of a portion of the NEPA process 
     if the plaintiff pleads facts that allege that the plaintiff 
     has personally suffered, or will likely personally suffer, a 
     direct, tangible harm as a result of the portion of the NEPA 
     process for which the plaintiff is seeking review.
       ``(2) Statute of limitations.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and except as provided in subparagraph (B)(ii), a claim 
     arising under Federal law seeking judicial review of any 
     portion of the NEPA process shall be barred unless it is 
     filed not later than the earlier of--
       ``(i) 150 days after the final agency action under the NEPA 
     process has been taken; and
       ``(ii) if applicable, an earlier date after which judicial 
     review is barred that is specified in the Federal law 
     pursuant to which the judicial review is allowed.
       ``(B) New information.--
       ``(i) Consideration.--A Federal agency shall consider for 
     the purpose of a supplemental environmental impact statement 
     new information received after the close of a comment period 
     if the information satisfies the requirements for a 
     supplemental environmental impact statement under the 
     regulations of the Federal agency.
       ``(ii) Statute of limitations based on new information.--If 
     a supplemental environmental impact statement is required 
     under the regulations of a Federal agency, a claim for 
     judicial review of the supplemental environmental impact 
     statement shall be barred unless it is filed not later than 
     the earlier of--

       ``(I) 150 days after the publication of a notice in the 
     Federal Register that the supplemental environmental impact 
     statement is final; and
       ``(II) if applicable, an earlier date after which judicial 
     review is barred that is specified in the Federal law 
     pursuant to which the judicial review is allowed.

       ``(C) Savings clause.--Nothing in this paragraph creates a 
     right to judicial review.
       ``(3) Remedies.--
       ``(A) Preliminary injunctions and temporary restraining 
     orders.--
       ``(i) In general.--Subject to clause (ii), in a motion for 
     a temporary restraining order or preliminary injunction 
     against a Federal agency or project sponsor in a claim 
     arising under Federal law seeking judicial review of any 
     portion of the NEPA process, the plaintiff shall establish by 
     clear and convincing evidence that--

       ``(I) the plaintiff is likely to succeed on the merits;
       ``(II) the plaintiff is likely to suffer irreparable harm 
     in the absence of the temporary restraining order or 
     preliminary injunction, as applicable;
       ``(III) the balance of equities is tipped in the favor of 
     the plaintiff; and
       ``(IV) the temporary restraining order or preliminary 
     injunction is in the public interest.

       ``(ii) Additional requirements.--A court may not grant a 
     motion described in clause (i) unless the court--

       ``(I) makes a finding of extraordinary circumstances that 
     warrant the granting of the motion;
       ``(II) considers the potential effects on public health, 
     safety, and the environment, and the potential for 
     significant negative effects on jobs resulting from granting 
     the motion; and
       ``(III) notwithstanding any other provision of law, applies 
     the requirements of Rule 65(c) of the Federal Rules of Civil 
     Procedure.

       ``(B) Permanent injunctions.--
       ``(i) In general.--Subject to clause (ii), in a motion for 
     a permanent injunction against a Federal agency or project 
     sponsor a claim

[[Page S5660]]

     arising under Federal law seeking judicial review of any 
     portion of the NEPA process, the plaintiff shall establish by 
     clear and convincing evidence that--

       ``(I) the plaintiff has suffered an irreparable injury;
       ``(II) remedies available at law, including monetary 
     damages, are inadequate to compensate for the injury;
       ``(III) considering the balance of hardship between the 
     plaintiff and defendant, a remedy in equity is warranted;
       ``(IV) the public interest is not disserved by a permanent 
     injunction; and
       ``(V) if the error or omission of a Federal agency in a 
     statement required under this title is the grounds for which 
     the plaintiff is seeking judicial review, the error or 
     omission is likely to result in specific, irreparable damage 
     to the environment.

       ``(ii) Additional showing.--A court may not grant a motion 
     described in clause (i) unless--

       ``(I) the court makes a finding that extraordinary 
     circumstances exist that warrant the granting of the motion; 
     and
       ``(II) the permanent injunction is--

       ``(aa) as narrowly tailored as possible to correct the 
     injury; and
       ``(bb) the least intrusive means necessary to correct the 
     injury.''.
       (4) Other reforms.--Title I of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by 
     inserting after section 105 (as amended by paragraph (3)) the 
     following:

     ``SEC. 106. EPA REVIEW.

       ``(a) Definition of Federal Agency.--In this section, the 
     term `Federal agency' includes a State that has assumed the 
     responsibility of a Federal agency under--
       ``(1) section 107; or
       ``(2) section 327 of title 23, United States Code.
       ``(b) EPA Comments.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     `Administrator') may comment on a draft or final submission 
     of an environmental impact statement from any Federal agency.
       ``(c) Technical Assistance.--The Administrator may, on 
     request of a Federal agency preparing a draft or final 
     environmental impact statement, provide technical assistance 
     in the completion of that environmental impact statement.

     ``SEC. 107. PROJECT DELIVERY PROGRAMS.

       ``(a) Definition of Agency Program.--In this section, the 
     term `agency program' means a project delivery program 
     established by a Federal agency under subsection (b)(1).
       ``(b) Establishment.--
       ``(1) In general.--The head of each Federal agency, 
     including the Secretary of Transportation, shall carry out a 
     project delivery program.
       ``(2) Assumption of responsibility.--
       ``(A) In general.--Subject to subparagraph (B), the head of 
     each Federal agency shall, on request of a State, enter into 
     a written agreement with the State, which may be in the form 
     of a memorandum of understanding, in which the head of each 
     Federal agency may assign, and the State may assume, the 
     responsibilities of the head of the Federal agency under this 
     title with respect to 1 or more projects within the State 
     that are under the jurisdiction of the Federal agency.
       ``(B) Exception.--The head of a Federal agency shall not 
     enter into a written agreement under subparagraph (A) if the 
     head of the Federal agency determines that the State is not 
     in compliance with the requirements described in subsection 
     (c)(4).
       ``(C) Additional responsibility.--If a State assumes 
     responsibility under subparagraph (A)--
       ``(i) the head of the Federal agency may assign to the 
     State, and the State may assume, all or part of the 
     responsibilities of the head of the Federal agency for 
     environmental review, consultation, or other action required 
     under any Federal environmental law pertaining to the review 
     or approval of a specific project;
       ``(ii) at the request of the State, the head of the Federal 
     agency may also assign to the State, and the State may 
     assume, the responsibilities of the head of the Federal 
     agency under this title with respect to 1 or more projects 
     within the State that are under the jurisdiction of the 
     Federal agency; but
       ``(iii) the head of the Federal agency may not assign 
     responsibility for any conformity determination required 
     under section 176 of the Clean Air Act (42 U.S.C. 7506).
       ``(D) Procedural and substantive requirements.--A State 
     shall assume responsibility under this section subject to the 
     same procedural and substantive requirements as would apply 
     if that responsibility were carried out by the Federal 
     agency.
       ``(E) Federal responsibility.--Any responsibility of a 
     Federal agency not explicitly assumed by the State by written 
     agreement under subparagraph (A) shall remain the 
     responsibility of the Federal agency.
       ``(F) No effect on authority.--Nothing in this section 
     preempts or interferes with any power, jurisdiction, 
     responsibility, or authority of an agency, other than the 
     Federal agency for which the written agreement applies, under 
     applicable law (including regulations) with respect to a 
     project.
       ``(G) Preservation of flexibility.--The head of the Federal 
     agency may not require a State, as a condition of 
     participation in the agency program of the Federal agency, to 
     forego project delivery methods that are otherwise 
     permissible for projects under applicable law.
       ``(H) Legal fees.--A State assuming the responsibilities of 
     a Federal agency under this section for a specific project 
     may use funds awarded to the State for that project for 
     attorneys' fees directly attributable to eligible activities 
     associated with the project.
       ``(c) State Participation.--
       ``(1) Participating states.--Except as provided in 
     subsection (b)(2)(B), all States are eligible to participate 
     in an agency program.
       ``(2) Application.--Not later than 270 days after the date 
     of enactment of this section, the head of each Federal agency 
     shall amend, as appropriate, regulations that establish 
     requirements relating to information required to be contained 
     in any application of a State to participate in the agency 
     program, including, at a minimum--
       ``(A) the projects or classes of projects for which the 
     State anticipates exercising the authority that may be 
     granted under the agency program;
       ``(B) verification of the financial resources necessary to 
     carry out the authority that may be granted under the agency 
     program; and
       ``(C) evidence of the notice and solicitation of public 
     comment by the State relating to participation of the State 
     in the agency program, including copies of comments received 
     from that solicitation.
       ``(3) Public notice.--
       ``(A) In general.--Each State that submits an application 
     under this subsection shall give notice of the intent of the 
     State to participate in an agency program not later than 30 
     days before the date of submission of the application.
       ``(B) Method of notice and solicitation.--The State shall 
     provide notice and solicit public comment under this 
     paragraph by publishing the complete application of the State 
     in accordance with the appropriate public notice law of the 
     State.
       ``(4) Selection criteria.--The head of a Federal agency may 
     approve the application of a State under this section only 
     if--
       ``(A) the regulatory requirements under paragraph (2) have 
     been met;
       ``(B) the head of the Federal agency determines that the 
     State has the capability, including financial and personnel, 
     to assume the responsibility; and
       ``(C) the head of the State agency having primary 
     jurisdiction over the project enters into a written agreement 
     with the head of the Federal agency as described in 
     subsection (d).
       ``(5) Other federal agency views.--If a State applies to 
     assume a responsibility of the Federal agency that would have 
     required the head of the Federal agency to consult with the 
     head of another Federal agency, the head of the Federal 
     agency shall solicit the views of the head of the other 
     Federal agency before approving the application.
       ``(d) Written Agreement.--A written agreement under 
     subsection (b)(2)(A) shall--
       ``(1) be executed by the Governor or the top-ranking 
     official in the State who is charged with responsibility for 
     the project;
       ``(2) be in such form as the head of the Federal agency may 
     prescribe;
       ``(3) provide that the State--
       ``(A) agrees to assume all or part of the responsibilities 
     of the Federal agency described in subparagraphs (A) and (C) 
     of subsection (b)(2);
       ``(B) expressly consents, on behalf of the State, to accept 
     the jurisdiction of the Federal courts for the compliance, 
     discharge, and enforcement of any responsibility of the 
     Federal agency assumed by the State;
       ``(C) certifies that State laws (including regulations) are 
     in effect that--
       ``(i) authorize the State to take the actions necessary to 
     carry out the responsibilities being assumed; and
       ``(ii) are comparable to section 552 of title 5, including 
     providing that any decision regarding the public availability 
     of a document under those State laws is reviewable by a court 
     of competent jurisdiction; and
       ``(D) agrees to maintain the financial resources necessary 
     to carry out the responsibilities being assumed;
       ``(4) require the State to provide to the head of the 
     Federal agency any information the head of the Federal agency 
     reasonably considers necessary to ensure that the State is 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(5) have a term of not more than 5 years; and
       ``(6) be renewable.
       ``(e) Jurisdiction.--
       ``(1) In general.--The United States district courts shall 
     have exclusive jurisdiction over any civil action against a 
     State for failure to carry out any responsibility of the 
     State under this section.
       ``(2) Legal standards and requirements.--A civil action 
     under paragraph (1) shall be governed by the legal standards 
     and requirements that would apply in such a civil action 
     against the head of a Federal agency had the head of the 
     Federal agency taken the actions in question.
       ``(3) Intervention.--The head of a Federal agency shall 
     have the right to intervene in any action described in 
     paragraph (1).
       ``(f) Effect of Assumption of Responsibility.--A State that 
     assumes responsibility under subsection (b)(2) shall be 
     solely responsible and solely liable for carrying out, in 
     lieu of and without further approval of the

[[Page S5661]]

     head of the Federal agency, the responsibilities assumed 
     under subsection (b)(2), until the agency program is 
     terminated under subsection (k).
       ``(g) Limitations on Agreements.--Nothing in this section 
     permits a State to assume any rulemaking authority of the 
     head of a Federal agency under any Federal law.
       ``(h) Audits.--
       ``(1) In general.--To ensure compliance by a State with any 
     agreement of the State under subsection (d) (including 
     compliance by the State with all Federal laws for which 
     responsibility is assumed under subsection (b)(2)), for each 
     State participating in an agency program, the head of a 
     Federal agency shall--
       ``(A) not later than 180 days after the date of execution 
     of the agreement, meet with the State to review 
     implementation of the agreement and discuss plans for the 
     first annual audit;
       ``(B) conduct annual audits during each of the first 4 
     years of State participation; and
       ``(C) ensure that the time period for completing an annual 
     audit, from initiation to completion (including public 
     comment and responses to those comments), does not exceed 180 
     days.
       ``(2) Public availability and comment.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be provided to the public for comment.
       ``(B) Response.--Not later than 60 days after the date on 
     which the period for public comment ends, the head of the 
     Federal agency shall respond to public comments received 
     under subparagraph (A).
       ``(3) Audit team.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be carried out by an audit team determined by the head 
     of the Federal agency, in consultation with the State, in 
     accordance with subparagraph (B).
       ``(B) Consultation.--Consultation with the State under 
     subparagraph (A) shall include a reasonable opportunity for 
     the State to review and provide comments on the proposed 
     members of the audit team.
       ``(i) Monitoring.--After the fourth year of the 
     participation of a State in an agency program, the head of 
     the Federal agency shall monitor compliance by the State with 
     the written agreement, including the provision by the State 
     of financial resources to carry out the written agreement.
       ``(j) Report to Congress.--The head of each Federal agency 
     shall submit to Congress an annual report that describes the 
     administration of the agency program.
       ``(k) Termination.--
       ``(1) Termination by federal agency.--The head of a Federal 
     agency may terminate the participation of any State in the 
     agency program of the Federal agency if--
       ``(A) the head of the Federal agency determines that the 
     State is not adequately carrying out the responsibilities 
     assigned to the State;
       ``(B) the head of the Federal agency provides to the 
     State--
       ``(i) a notification of the determination of noncompliance;
       ``(ii) a period of not less than 120 days to take such 
     corrective action as the head of the Federal agency 
     determines to be necessary to comply with the applicable 
     agreement; and
       ``(iii) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under subparagraph 
     (A); and
       ``(C) the State, after the notification and period provided 
     under subparagraph (B), fails to take satisfactory corrective 
     action, as determined by the head of the Federal agency.
       ``(2) Termination by the state.--A State may terminate the 
     participation of the State in an agency program at any time 
     by providing to the head of the applicable Federal agency a 
     notice by not later than the date that is 90 days before the 
     date of termination, and subject to such terms and conditions 
     as the head of the Federal agency may provide.
       ``(l) Capacity Building.--The head of a Federal agency, in 
     cooperation with representatives of State officials, may 
     carry out education, training, peer-exchange, and other 
     initiatives as appropriate--
       ``(1) to assist States in developing the capacity to 
     participate in the agency program of the Federal agency; and
       ``(2) to promote information sharing and collaboration 
     among States that are participating in the agency program of 
     the Federal agency.
       ``(m) Relationship to Locally Administered Projects.--A 
     State granted authority under an agency program may, as 
     appropriate and at the request of a local government--
       ``(1) exercise that authority on behalf of the local 
     government for a locally administered project; or
       ``(2) provide guidance and training on consolidating and 
     minimizing the documentation and environmental analyses 
     necessary for sponsors of a locally administered project to 
     comply with this title and any comparable requirements under 
     State law.''.
       (5) Prohibition on guidance.--No Federal agency, including 
     the Council on Environmental Quality, may reissue the final 
     guidance of the Council on Environmental Quality entitled 
     ``Final Guidance for Federal Departments and Agencies on 
     Consideration of Greenhouse Gas Emissions and the Effects of 
     Climate Change in National Environmental Policy Act Reviews'' 
     (81 Fed. Reg. 51866 (August 5, 2016)) or substantially 
     similar guidance unless authorized by an Act of Congress.
       (6) Definitions.--Title I of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by 
     paragraph (1)(A)) is amended by adding at the end the 
     following:

     ``SEC. 109. DEFINITIONS.

       ``In this title:
       ``(1) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.9 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       ``(2) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(3) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(4) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.''.
       (7) Conforming amendments.--
       (A) Policy review.--Section 309 of the Clean Air Act (42 
     U.S.C. 7609) is repealed.
       (B) Surface transportation project delivery program.--
     Section 327 of title 23, United States Code, is amended--
       (i) in subsection (a)(1), by striking ``The Secretary'' and 
     inserting ``Subject to subsection (m), the Secretary''; and
       (ii) by adding at the end the following:
       ``(m) Sunset.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the authority provided by this section terminates on the date 
     of enactment of this subsection.
       ``(2) Existing agreements.--Subject to the requirements of 
     this section, the Secretary may continue to enforce any 
     agreement entered into under this section before the date of 
     enactment of this subsection.''.
       (b) Attorney Fees in Environmental Litigation.--
       (1) Administrative procedure.--Section 504(b)(1) of title 
     5, United States Code, is amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) `special factor' does not include knowledge, 
     expertise, or skill in environmental litigation.''.
       (2) United states as party.--Section 2412(d)(2) of title 
     28, United States Code, is amended--
       (A) in subparagraph (H), by striking ``and'' at the end;
       (B) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(J) `special factor' does not include knowledge, 
     expertise, or skill in environmental litigation.''.

     SEC. 402. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS.

       (a) In General.--Subchapter IV of chapter 31 of title 40, 
     United States Code, is repealed.
       (b) References.--Any reference in any law to a requirement 
     under subchapter IV of chapter 31 of title 40, United States 
     Code, shall be null and void.
       (c) Effective Date and Limitation.--This section, and the 
     amendment made by this section, shall take effect 30 days 
     after the date of enactment of this Act but shall not affect 
     any contract that is--
       (1) in existence on the date that is 30 days after such 
     date of enactment; or
       (2) made pursuant to an invitation for bids outstanding on 
     the date that is 30 days after such date of enactment.
                                 ______
                                 
  SA 2256. Mr. LEE (for himself, Mr. Johnson, Ms. Ernst, Mr. Cornyn, 
Mr. Cruz, Mr. Inhofe, and Mr. Paul) submitted an amendment intended to 
be proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. 
Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. 
Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. 
Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS.

       (a) In General.--Subchapter IV of chapter 31 of title 40, 
     United States Code, is repealed.

[[Page S5662]]

       (b) References.--Any reference in any law to a requirement 
     under subchapter IV of chapter 31 of title 40, United States 
     Code, shall be null and void.
       (c) Effective Date and Limitation.--This section, and the 
     amendment made by this section, shall take effect 30 days 
     after the date of enactment of this Act but shall not affect 
     any contract that is--
       (1) in existence on the date that is 30 days after such 
     date of enactment; or
       (2) made pursuant to an invitation for bids outstanding on 
     the date that is 30 days after such date of enactment.
                                 ______
                                 
  SA 2257. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of the amendment, add the following:

 DIVISION __--CATEGORICAL EXCLUSIONS RELATING TO EMERGING TECHNOLOGIES

     SEC. __. ANNUAL REPORT ON NEW CATEGORICAL EXCLUSIONS RELATING 
                   TO EMERGING TECHNOLOGIES.

       The head of each Federal agency shall submit to Congress an 
     annual report on any future category of actions or issues 
     that would support the adoption or deployment of emerging 
     technologies, as determined by the head of a Federal agency, 
     that have not been addressed in any environmental assessment 
     (as defined in section 1508.1 of title 40, Code of Federal 
     Regulations (or a successor regulation)) conducted by that 
     Federal agency but that could meet the criteria for 
     consideration as a categorical exclusion from the 
     requirements of title I of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4331 et seq.).
                                 ______
                                 
  SA 2258. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. FEDERAL SPECTRUM AUDIT.

       (a) Definitions.--In this section--
       (1) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information; and
       (2) the term ``Federal entity'' has the meaning given the 
     term in section 113(l) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(l)).
       (b) Audit and Report.--Not later than 18 months after the 
     date of enactment of this Act, the Assistant Secretary, in 
     consultation with the head of each Federal entity, shall--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to each Federal entity as 
     of the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (c) Contents of Report.--The Assistant Secretary shall 
     include in the report submitted under subsection (b)(2), with 
     respect to the electromagnetic spectrum that is assigned or 
     otherwise allocated to a Federal entity as of the date of the 
     audit--
       (1) each particular band of spectrum being used by the 
     Federal entity;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the State or other geographic area in which a 
     particular band described in paragraph (1) is assigned or 
     allocated for use;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Federal entity or shared with another 
     Federal entity or a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Federal entity.
       (d) Form of Report.--The report required under subsection 
     (a)(2) shall be submitted in unclassified form but may 
     include a classified annex.
       (e) Relation to Department of Transportation Spectrum 
     Audit.--The Assistant Secretary shall coordinate the 
     implementation of this section with the implementation of 
     section 27003 (relating to an audit of Department of 
     Transportation spectrum).
                                 ______
                                 
  SA 2259. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REGULATION OF DRIVERS OF PROPERTY-CARRYING 
                   COMMERCIAL MOTOR VEHICLES.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of Transportation, acting 
     through the Administrator of the Federal Motor Carrier Safety 
     Administration.
       (b) Hours of Service.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, shall revise section 
     395.3 of title 49, Code of Federal Regulations--
       (A) to increase the maximum driving time for a driver of a 
     property-carrying commercial motor vehicle from 11 hours to 
     12 hours;
       (B) to establish a maximum on-duty time of 14 hours during 
     any 24-hour period (as defined in section 395.2 of that title 
     (or a successor regulation)) for a driver of a property-
     carrying commercial motor vehicle;
       (C) to provide that the on-duty time of a driver of a 
     property-carrying commercial motor vehicle may not begin 
     unless--
       (i)(I) the driver has first taken 10 consecutive hours off 
     duty; and
       (II) during the period of on-duty time, the driver complies 
     with all applicable requirements of section 395.3 of that 
     title, including the requirement described in subsection 
     (a)(3)(ii) of that section (or a successor regulation); or
       (ii) at the election of the driver--

       (I) the driver has taken 8 consecutive hours off duty;
       (II) during the period of on-duty time, the driver complies 
     with all applicable requirements of section 395.3 of that 
     title, including the requirement described in subsection 
     (a)(3)(ii) of that section (or a successor regulation); and
       (III) the driver--

       (aa) takes 2 rest breaks of 30 minutes each, which may be 
     taken separately or consecutively, at the election of the 
     driver, during the period of on-duty time if the driving time 
     of the driver during that period of on-duty time is not more 
     than 8 hours;
       (bb) takes 3 rest breaks of 30 minutes each, which, subject 
     to the requirement described in section 395.3(a)(3)(ii) of 
     that title (or a successor regulation), may be taken 
     separately or consecutively, at the election of the driver, 
     during the period of on-duty time if the driving time of the 
     driver during that period of on-duty time is more than 8, but 
     not more than 10, hours; or
       (cc) takes 4 rest breaks of 30 minutes each, which, subject 
     to the requirement described in section 395.3(a)(3)(ii) of 
     that title (or a successor regulation), may be taken 
     separately or consecutively, at the election of the driver, 
     during the period of on-duty time if the driving time of the 
     driver during that period of on-duty time is more than 10, 
     but not more than 12, hours;
       (D) to provide that any rest break taken by a driver shall 
     be considered to be off-duty time excluded from the 
     calculation of on-duty time;
       (E) to provide that the driving time of a driver of a 
     property-carrying commercial motor vehicle begins when the 
     driver is 150 air miles from the starting location of the 
     trip; and
       (F) to provide that, if, at the time that the driver of a 
     property-carrying commercial motor vehicle reaches 14 hours 
     of on-duty time or 12 hours of driving time, the driver is 
     within 150 air miles of the destination of the trip, as 
     established at the outset of the trip--
       (i) the driver may continue driving until that destination 
     is reached;
       (ii) the driving time of the driver shall exclude all 
     time--

       (I) during the period beginning when the driver reaches 12 
     hours of driving time and ending on completion of the trip; 
     and
       (II) that is necessary to reach, or otherwise complete the 
     trip at, that destination; and

       (iii) the on-duty time of the driver shall exclude all 
     time--

       (I) during the period beginning when the driver reaches 14 
     hours of on-duty time and ending on completion of the trip; 
     and
       (II) during which the driver carries out an activity 
     necessary to reach, or otherwise complete the trip at, that 
     destination, including any time described in paragraph (3) or 
     (5) of the definition of the term ``on-duty time'' in section 
     395.2 of that title (or a successor regulation).

       (2) Requirement.--In carrying out paragraph (1), the 
     Secretary shall not modify the limits described in section 
     395.3(b) of title 49, Code of Federal Regulations.
       (c) Commercial Driver's Licenses.--Not later than 90 days 
     after the date of enactment of this Act, the Secretary shall 
     revise section 391.11 of title 49, Code of Federal 
     Regulations, to lower the minimum age for obtaining a 
     commercial driver's license from 21 to 18 years of age.
                                 ______
                                 
  SA 2260. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner,

[[Page S5663]]

and Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Flight Sharing Freedom.--Section 40102(a) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(48) `common carrier' means a service provided by a 
     person that meets the following elements:
       ``(A) holding out of a willingness to;
       ``(B) transport persons or property;
       ``(C) from place to place;
       ``(D) for compensation; and
       ``(E) without refusal unless authorized by law.
     In applying subparagraph (D), the term `compensation' 
     requires the intent to pursue monetary profit but does not 
     include flights in which the pilot and passengers share 
     aircraft operating expenses or the pilot receives any 
     benefit.''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this section, the Secretary of Transportation 
     shall issue or revise regulations to comply with this section 
     and to ensure that a person who holds a pilot certificate may 
     communicate with the public, in any manner the person 
     determines appropriate, to facilitate an aircraft flight for 
     which the pilot and passengers share aircraft operating 
     expenses in accordance with section 61.113(c) of title 14, 
     Code of Federal Regulations (or any successor regulation) and 
     that such flight-sharing operations under section 61.113(c) 
     of title 14, Code of Federal Regulations (or any successor 
     regulation) shall not be deemed a common carrier, as defined 
     in paragraph (48) of section 40102(a) of title 49, United 
     States Code, or a commercial operation requiring a 
     certificate under part 119 or 135 of title 14, Code of 
     Federal Regulations (or any successor regulation).
                                 ______
                                 
  SA 2261. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Aviation Empowerment.--Section 40102(a) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(48) `common carrier' means a service provided by a 
     person that meets the following elements:
       ``(A) holding out of a willingness to;
       ``(B) transport persons or property;
       ``(C) from place to place;
       ``(D) for compensation; and
       ``(E) without refusal unless authorized by law.
     In applying subparagraph (D), the term `compensation' 
     requires the intent to pursue monetary profit but does not 
     include flights in which the pilot and passengers share 
     aircraft operating expenses or the pilot receives any 
     benefit.
       ``(49) `personal operator' means a person providing air 
     transportation of persons or property for compensation or 
     hire in aircraft that have eight or fewer seats, provided 
     that the person holds a private pilot certificate pursuant to 
     subpart E of section 61 of title 14, Code of Federal 
     Regulations (or any successor regulation). A personal 
     operator or a flight operated by a personal operator does not 
     constitute a common carrier, as defined in paragraph (48), a 
     commercial operation requiring a certificate under part 119 
     or 135 of title 14, Code of Federal Regulations (or any 
     successor regulation), or a commercial operator, as defined 
     in section 1.1 of title 14, Code of Federal Regulations (or 
     any successor regulation).''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this section, the Secretary of Transportation 
     shall issue or revise regulations to comply with this section 
     and to ensure the following:
       (1) That a person who holds a pilot certificate may 
     communicate with the public, in any manner the person 
     determines appropriate, to facilitate an aircraft flight for 
     which the pilot and passengers share aircraft operating 
     expenses in accordance with section 61.113(c) of title 14, 
     Code of Federal Regulations (or any successor regulation) and 
     that such flight-sharing operations under section 61.113(c) 
     of title 14, Code of Federal Regulations (or any successor 
     regulation) shall not be deemed a common carrier, as defined 
     in paragraph (48) of section 40102(a) of title 49, United 
     States Code, or a commercial operation requiring a 
     certificate under part 119 or 135 of title 14, Code of 
     Federal Regulations (or any successor regulation).
       (2) That a personal operator, as defined in paragraph (49) 
     of section 40102(a) of title 49, United States Code, 
     operating under part 91 of title 14 Code of Federal 
     Regulations (or any successor regulation) shall not be 
     subject to the requirements set forth in part 121, 125, or 
     135 of title 14, Code of Federal Regulations (or any 
     successor regulation).
                                 ______
                                 
  SA 2262. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division B, insert the 
     following:

     SEC. __. RULEMAKING TO CREATE A NEW CLASS OF VEHICLE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary, acting through the 
     Administrator of the National Highway Traffic Safety 
     Administration, shall initiate a rulemaking addressing the 
     creation of a new class of vehicle that--
       (1) is not designed, intended, or marketed for human 
     occupancy; and
       (2) is subject to requirements and safety standards that 
     are--
       (A) technologically and economically feasible for 
     manufacturers and consumers; and
       (B) essential for the new class of vehicle to operate 
     safely in the United States, as certified by the Secretary.
       (b) Cost-benefit Analysis.--The Secretary, in carrying out 
     the rulemaking initiated under subsection (a), shall conduct 
     a cost-benefit analysis to ensure that the safety benefits of 
     the requirements and standards for the new class of vehicle 
     described in paragraph (2) of that subsection substantially 
     outweigh the cost to manufacturers and consumers of achieving 
     compliance with those requirements and standards.
       (c) Final Rule.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall promulgate a final 
     rule to complete the rulemaking initiated under subsection 
     (a).
                                 ______
                                 
  SA 2263. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REDUCING REGULATION AND CONTROLLING REGULATORY 
                   COSTS.

       (a) Findings.--Congress finds the following:
       (1) It is the policy of the Federal Government to be 
     prudent and financially responsible in the expenditure of 
     funds, from both public and private sources.
       (2) In addition to the management of the direct expenditure 
     of taxpayer dollars through the budgeting process, it is 
     essential to manage the costs associated with the 
     governmental imposition of private expenditures required to 
     comply with Federal regulations.
       (3) Toward that end, it is important that for each new 
     regulation issued, not fewer than 2 prior regulations be 
     identified for elimination, and that the cost of planned 
     regulations be prudently managed and controlled through a 
     budgeting process.
       (b) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 551 of title 5, United States Code.
       (2) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (3) Executive order 12866.--The term ``Executive Order 
     12866'' means Executive Order 12866 (58 Fed. Reg. 51735; 
     relating to regulatory planning and review), as amended, or 
     any successor order.
       (4) Rule.--The term ``rule''--
       (A) has the meaning given the term in section 551 of title 
     5, United States Code; and
       (B) does not include--
       (i) any rule made with respect to a military, national 
     security, or foreign affairs function of the United States;
       (ii) any rule related to agency organization, management, 
     or personnel; or
       (iii) any other category of rule exempted by the Director.
       (c) Regulatory Cap.--
       (1) In general.--If an agency publicly proposes for notice 
     and comment or otherwise promulgates a new rule, the agency 
     shall identify not fewer than 2 existing rules to be 
     repealed.
       (2) Incremental cost.--For each fiscal year, the head of an 
     agency shall ensure that the total incremental cost of all 
     new rules, including repealed rules, to be finalized that 
     fiscal year is not greater than zero, except as provided by 
     the Director in specifying the total incremental cost 
     allowance for the agency under subsection (d)(4)(A).
       (3) Offset of new incremental costs.--
       (A) In general.--In furtherance of the requirement under 
     paragraph (1), an agency shall offset any new incremental 
     costs associated with a new rule by the elimination of

[[Page S5664]]

     existing costs associated with not fewer than 2 prior rules.
       (B) Procedures.--An agency shall eliminate existing costs 
     associated with prior rules under subparagraph (A) in 
     accordance with subchapter II of chapter 5 of title 5, United 
     States Code, and any other applicable law.
       (4) Guidance.--
       (A) In general.--The Director shall provide the heads of 
     agencies with guidance on the implementation of this 
     subsection.
       (B) Contents.--The topics addressed by the guidance 
     provided under subparagraph (A) shall include--
       (i) processes for standardizing the measurement and 
     estimation of regulatory costs;
       (ii) standards for determining what qualifies as new and 
     offsetting rules;
       (iii) standards for determining the costs of existing rules 
     that are considered for elimination;
       (iv) processes for accounting for costs in different fiscal 
     years;
       (v) methods to oversee the issuance of rules with costs 
     offset by savings at different times or different agencies; 
     and
       (vi) emergencies and other circumstances that might justify 
     individual waivers of the requirements of this subsection.
       (C) Discretion of director.--The Director shall consider 
     phasing in and updating the guidance provided under 
     subparagraph (A).
       (d) Annual Regulatory Cost Submissions to Office of 
     Management and Budget.--
       (1) In general.--Beginning with the Regulatory Plans 
     required under Executive Order 12866 for fiscal year 2022, 
     and for each fiscal year thereafter, the head of an agency 
     shall--
       (A) identify, for each rule that increases incremental 
     cost, the offsetting rules described in subsection (c)(3); 
     and
       (B) provide the agency's best approximation of the total 
     costs or savings associated with each new rule or repealed 
     rule.
       (2) Inclusion in the unified regulatory agenda.--Each rule 
     approved by the Director during the process by which the 
     President establishes a budget under section 1105 of title 
     31, United States Code, shall be included in the Unified 
     Regulatory Agenda required under Executive Order 12866.
       (3) Limitation on issuance.--An agency may not issue a rule 
     if the rule was not included on the most recent version or 
     update of the published Unified Regulatory Agenda as required 
     under Executive Order 12866, unless the issuance of the rule 
     was approved in advance in writing by the Director.
       (4) Total incremental cost.--
       (A) Determination by omb.--During the process by which the 
     President establishes a budget under section 1105 of title 
     31, United States Code, the Director shall identify to 
     agencies a total amount of incremental costs that will be 
     allowed for each agency in issuing new rules and repealing 
     rules for the next fiscal year.
       (B) Prohibition.--An agency may not issue a rule during a 
     fiscal year that causes the agency to exceed the total 
     incremental cost allowance of the agency for that fiscal year 
     under subparagraph (A) unless approved in writing by the 
     Director.
       (C) Total regulatory cost.--The total incremental cost 
     allowance of an agency for a fiscal year may allow an 
     increase or require a reduction in total regulatory cost for 
     that fiscal year.
       (5) Guidance.--The Director shall provide the heads of 
     agencies with guidance on the implementation of the 
     requirements under this subsection.
       (e) General Provisions.--
       (1) Rule of construction.--Nothing in this section shall be 
     construed to impair or otherwise affect--
       (A) the authority granted by law to an agency, or the head 
     thereof; or
       (B) the functions of the Director relating to budgetary, 
     administrative, or legislative proposals.
       (2) No substantive right conferred.--This section does not 
     create any right or benefit, substantive or procedural, 
     enforceable at law or in equity by any party against the 
     United States, its departments, agencies, or entities, its 
     officers, employees, or agents, or any other person.
                                 ______
                                 
  SA 2264. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. _____. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

       (a) In General.--Part A of the National Telecommunications 
     and Information Administration Organization Act (47 U.S.C. 
     901 et seq.) is amended--
       (1) by redesignating section 105 (47 U.S.C. 904) as section 
     106; and
       (2) by inserting after section 104 (47 U.S.C. 903) the 
     following:

     ``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

       ``(a) Definitions.--In this section--
       ``(1) the term `covered band' means the band of frequencies 
     between 3 kilohertz and 95 gigahertz;
       ``(2) the term `Federal entity' has the meaning given the 
     term in section 113(l); and
       ``(3) the term `OMB' means the Office of Management and 
     Budget.
       ``(b) Estimates Required.--The NTIA, in consultation with 
     the Commission and OMB, shall estimate the value of 
     electromagnetic spectrum in the covered band that is assigned 
     or otherwise allocated to each Federal entity as of the date 
     of the estimate, in accordance with the schedule under 
     subsection (c).
       ``(c) Schedule.--The NTIA shall conduct the estimates under 
     subsection (b) for the frequencies between--
       ``(1) 3 kilohertz and 33 gigahertz not later than 1 year 
     after the date of enactment of this section, and every 3 
     years thereafter;
       ``(2) 33 gigahertz and 66 gigahertz not later than 2 years 
     after the date of enactment of this section, and every 3 
     years thereafter; and
       ``(3) 66 gigahertz and 95 gigahertz not later than 3 years 
     after the date of enactment of this section, and every 3 
     years thereafter.
       ``(d) Basis for Estimate.--
       ``(1) In general.--The NTIA shall base each value estimate 
     under subsection (b) on the value that the electromagnetic 
     spectrum would have if the spectrum were reallocated for the 
     use with the highest potential value of licensed or 
     unlicensed commercial wireless services that do not have 
     access to that spectrum as of the date of the estimate.
       ``(2) Consideration of government capabilities.--In 
     estimating the value of spectrum under subsection (b), the 
     NTIA may consider the spectrum needs of commercial interests 
     while preserving the spectrum access necessary to satisfy 
     mission requirements and operations of Federal entities.
       ``(3) Dynamic scoring.--To the greatest extent practicable, 
     the NTIA shall incorporate dynamic scoring methodology into 
     the value estimate under subsection (b).
       ``(4) Disclosure.--
       ``(A) In general.--Subject to subparagraph (B), the NTIA 
     shall publicly disclose how the NTIA arrived at each value 
     estimate under subsection (b), including any findings made 
     under paragraph (2) of this subsection.
       ``(B) Classified, law enforcement-sensitive, and 
     proprietary information.--If any information involved in a 
     value estimate under subsection (b), including any finding 
     made under paragraph (2) of this subsection, is classified, 
     law enforcement-sensitive, or proprietary, the NTIA--
       ``(i) may not publicly disclose the classified, law 
     enforcement-sensitive, or proprietary information; and
       ``(ii) shall make the classified, law enforcement-
     sensitive, or proprietary information available to any Member 
     of Congress, upon request, in a classified annex.
       ``(e) Agency Report on Value of Electromagnetic Spectrum.--
     A Federal entity that has been assigned or otherwise 
     allocated use of electromagnetic spectrum within the covered 
     band shall report the value of the spectrum as most recently 
     estimated under subsection (b)--
       ``(1) in the budget of the Federal entity to be included in 
     the budget of the United States Government submitted by the 
     President under section 1105 of title 31, United States Code; 
     and
       ``(2) in the annual financial statement of the Federal 
     entity required to be filed under section 3515 of title 31, 
     United States Code.''.
       (b) Technical and Conforming Amendments.--Section 103(b) of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 902(b)) is 
     amended--
       (1) in paragraph (1), by striking ``section 105(d)'' and 
     inserting ``section 106(d)''; and
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``section 105(d)'' and inserting ``section 
     106(d)''.
                                 ______
                                 
  SA 2265. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

       (a) Audit and Report.--Not later than 18 months after the 
     date of enactment of this Act, the Assistant Secretary of 
     Commerce for Communications and Information, in consultation 
     with the Secretary of Defense, shall--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Department of 
     Defense as of the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (b) Contents of Report.--The Assistant Secretary of 
     Commerce for Communications and Information shall include in 
     the report submitted under subsection (a)(2), with respect to 
     the electromagnetic spectrum that is assigned or otherwise 
     allocated to the Department of Defense as of the date of the 
     audit--

[[Page S5665]]

       (1) each particular band of spectrum being used by the 
     Department of Defense;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the State or other geographic area in which a 
     particular band described in paragraph (1) is assigned or 
     allocated for use;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Department of Defense or shared with 
     another Federal entity or a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Department of Defense.
       (c) Form of Report.--The report required under subsection 
     (a)(2) shall be submitted in unclassified form but may 
     include a classified annex.
                                 ______
                                 
  SA 2266. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 11513 and insert the following:

     SEC. 11513. REPEAL OF BUY AMERICA REQUIREMENTS.

       (a) In General.--Section 313 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 3 of title 23, United States 
     Code, is amended by striking the item relating to section 
     313.
       (2) Section 117 of the SAFETEA-LU Technical Corrections Act 
     of 2008 (23 U.S.C. 313 note; Public Law 110-244) is repealed.
       (3) The table of contents in section 1(b) of the SAFETEA-LU 
     Technical Corrections Act of 2008 (Public Law 110-244; 122 
     Stat. 1572) is amended by striking the item relating to 
     section 117.
       (4) Section 122 of title I of division L of the 
     Consolidated Appropriations Act, 2021 (23 U.S.C. 313 note; 
     Public Law 116-260) is repealed.
                                 ______
                                 
  SA 2267. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

      DIVISION __--NATIONAL ENVIRONMENTAL POLICY ACT MODIFICATIONS

     SEC. ___. NATIONAL ENVIRONMENTAL POLICY ACT MODIFICATIONS.

       (a) National Environmental Policy Act Modifications.--
       (1) Applicable timelines.--Title I of the National 
     Environmental Policy Act of 1969 is amended--
       (A) by redesignating section 105 (42 U.S.C. 4335) as 
     section 108; and
       (B) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. PROCESS REQUIREMENTS.

       ``(a) Definitions.--In this section:
       ``(1) Federal agency.--The term `Federal agency' includes a 
     State that has assumed the responsibility of a Federal agency 
     under--
       ``(A) section 107; or
       ``(B) section 327 of title 23, United States Code.
       ``(2) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed the 
     responsibility of a Federal agency under--
       ``(A) section 107; or
       ``(B) section 327 of title 23, United States Code.
       ``(b) Applicable Timelines.--
       ``(1) NEPA process.--
       ``(A) In general.--The head of a Federal agency shall 
     complete the NEPA process for a proposed action of the 
     Federal agency, as described in section 109(3)(B)(ii), not 
     later than 2 years after the date described in section 
     109(3)(B)(i).
       ``(B) Environmental documents.--Within the period described 
     in subparagraph (A), not later than 1 year after the date 
     described in section 109(3)(B)(i), the head of the Federal 
     agency shall, with respect to the proposed action--
       ``(i) issue--

       ``(I) a finding that a categorical exclusion applies to the 
     proposed action; or
       ``(II) a finding of no significant impact; or

       ``(ii) publish a notice of intent to prepare an 
     environmental impact statement in the Federal Register.
       ``(C) Environmental impact statement.--If the head of a 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), within the period described in 
     subparagraph (A) and not later than 1 year after the date on 
     which the head of the Federal agency publishes the notice of 
     intent, the head of the Federal agency shall complete the 
     environmental impact statement and, if necessary, any 
     supplemental environmental impact statement for the proposed 
     action.
       ``(D) Penalties.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(II) Federal agency.--The term `Federal agency' does not 
     include a State.
       ``(III) Final nepa compliance date.--The term `final NEPA 
     compliance date', with respect to a proposed action, means 
     the date by which the head of a Federal agency is required to 
     complete the NEPA process under subparagraph (A).
       ``(IV) Head of a federal agency.--The term `head of a 
     Federal agency' does not include the governor or head of a 
     State agency of a State.
       ``(V) Initial eis compliance date.--The term `initial EIS 
     compliance date', with respect to a proposed action for which 
     a Federal agency published a notice of intent described in 
     subparagraph (B)(ii), means the date by which an 
     environmental impact statement for that proposed action is 
     required to be completed under subparagraph (C).
       ``(VI) Initial nepa compliance date.--The term `initial 
     NEPA compliance date', with respect to a proposed action, 
     means the date by which the head of a Federal agency is 
     required to issue or publish a document described in 
     subparagraph (B) for that proposed action under that 
     subparagraph.
       ``(VII) Initial noncompliance determination.--The term 
     `initial noncompliance determination' means a determination 
     under clause (ii)(I)(bb) that the head of a Federal agency 
     has not complied with the requirements of subparagraph (A), 
     (B), or (C).

       ``(ii) Initial noncompliance.--

       ``(I) Determination.--

       ``(aa) Notification.--As soon as practicable after the date 
     described in section 109(3)(B)(i) for a proposed action of a 
     Federal agency, the head of the Federal agency shall notify 
     the Director that the head of the Federal agency is beginning 
     the NEPA process for that proposed action.
       ``(bb) Determinations of compliance.--
       ``(AA) Initial determination.--As soon as practicable after 
     the initial NEPA compliance date for a proposed action, the 
     Director shall determine whether, as of the initial NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (B) for that proposed action.
       ``(BB) Environmental impact statement.--With respect to a 
     proposed action of a Federal agency in which the head of the 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), as soon as practicable after the 
     initial EIS compliance date for a proposed action, the 
     Director shall determine whether, as of the initial EIS 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (C) for that proposed action.
       ``(CC) Completion of nepa process.--As soon as practicable 
     after the final NEPA compliance date for a proposed action, 
     the Director shall determine whether, as of the final NEPA 
     compliance date, the head of the Federal agency has complied 
     with subparagraph (A) for that proposed action.

       ``(II) Identification; penalty; notification.--If the 
     Director makes an initial noncompliance determination for a 
     proposed action--

       ``(aa) the Director shall identify the account for the 
     salaries and expenses of the office of the head of the 
     Federal agency, or an equivalent account;
       ``(bb) beginning on the day after the date on which the 
     Director makes the initial noncompliance determination, the 
     amount that the head of the Federal agency may obligate from 
     the account identified under item (aa) for the fiscal year 
     during which the determination is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(cc) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the initial noncompliance determination;
       ``(BB) the account identified under item (aa); and
       ``(CC) the reduction under item (bb).
       ``(iii) Continued noncompliance.--

       ``(I) Determination.--Every 90 days after the date of an 
     initial noncompliance determination, the Director shall 
     determine whether the head of the Federal agency has complied 
     with the applicable requirements of subparagraphs (A) through 
     (C) for the proposed action, until the date on which the 
     Director determines that the head of the Federal agency has 
     completed the NEPA process for the proposed action.
       ``(II) Penalty; notification.--For each determination made 
     by the Director under subclause (I) that the head of a 
     Federal agency has not complied with a requirement of 
     subparagraph (A), (B), or (C) for a proposed action--

       ``(aa) the amount that the head of the Federal agency may 
     obligate from the account identified under clause 
     (ii)(II)(aa) for the fiscal year during which the most recent 
     determination under subclause (I) is made shall be reduced by 
     0.5 percent from the amount initially made available for the 
     account for that fiscal year; and
       ``(bb) the Director shall notify the head of the Federal 
     agency of--
       ``(AA) the determination under subclause (I); and
       ``(BB) the reduction under item (aa).
       ``(iv) Requirements.--

[[Page S5666]]

       ``(I) Amounts not restored.--A reduction in the amount that 
     the head of a Federal agency may obligate under clause 
     (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not 
     be restored for that fiscal year, without regard to whether 
     the head of a Federal agency completes the NEPA process for 
     the proposed action with respect to which the Director made 
     an initial noncompliance determination or a determination 
     under clause (iii)(I).
       ``(II) Required timelines.--The violation of subparagraph 
     (B) or (C), and any action carried out to remediate or 
     otherwise address the violation, shall not affect any other 
     applicable compliance date under subparagraph (A), (B), or 
     (C).

       ``(E) Unexpected circumstances.--If, while carrying out a 
     proposed action after the completion of the NEPA process for 
     that proposed action, a Federal agency or project sponsor 
     encounters a new or unexpected circumstance or condition that 
     may require the reevaluation of the proposed action under 
     this title, the head of the Federal agency with 
     responsibility for carrying out the NEPA process for the 
     proposed action shall--
       ``(i) consider whether mitigating the new or unexpected 
     circumstance or condition is sufficient to avoid significant 
     effects that may result from the circumstance or condition; 
     and
       ``(ii) if the head of the Federal agency determines under 
     clause (i) that the significant effects that result from the 
     circumstance or condition can be avoided, mitigate the 
     circumstance or condition without carrying out the NEPA 
     process again.
       ``(2) Authorizations and permits.--
       ``(A) In general.--Not later than 90 days after the date 
     described in section 109(3)(B)(ii), the head of a Federal 
     agency shall issue--
       ``(i) any necessary permit or authorization to carry out 
     the proposed action; or
       ``(ii) a denial of the permit or authorization necessary to 
     carry out the proposed action.
       ``(B) Effect of failure to issue authorization or permit.--
     If a permit or authorization described in subparagraph (A) is 
     not issued or denied within the period described in that 
     subparagraph, the permit or authorization shall be considered 
     to be approved.
       ``(C) Denial of permit or authorization.--
       ``(i) In general.--If a permit or authorization described 
     in subparagraph (A) is denied, the head of the Federal agency 
     shall describe to the project sponsor--

       ``(I) the basis of the denial; and
       ``(II) recommendations for the project sponsor with respect 
     to how to address the reasons for the denial.

       ``(ii) Recommended changes.--If the project sponsor carries 
     out the recommendations of the head of the Federal agency 
     under clause (i)(II) and notifies the head of the Federal 
     agency that the recommendations have been carried out, the 
     head of the Federal agency--

       ``(I) shall decide whether to issue the permit or 
     authorization described in subparagraph (A) not later than 90 
     days after date on which the project sponsor submitted the 
     notification; and
       ``(II) shall not carry out the NEPA process with respect to 
     the proposed action again.''.

       (2) Agency process reforms.--Section 105 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as 
     added by paragraph (1)(B)) is amended by adding at the end 
     the following:
       ``(c) Prohibitions.--In carrying out the NEPA process, the 
     head of a Federal agency may not--
       ``(1) consider whether a proposed action or an alternative 
     to the proposed action considered by the head of the Federal 
     agency, including the design, environmental impact, 
     mitigation measures, or adaptation measures of the proposed 
     action or alternative to the proposed action, has an effect 
     on climate change;
       ``(2) with respect to a proposed action or an alternative 
     to the proposed action considered by the head of the Federal 
     agency, consider the effects of the emission of greenhouse 
     gases on climate change;
       ``(3) consider an alternative to the proposed action if the 
     proposed action is not technically or economically feasible 
     to the project sponsor; or
       ``(4) consider an alternative to the proposed action that 
     is not within the jurisdiction of the Federal agency.
       ``(d) Environmental Documents.--
       ``(1) EIS required.--In carrying out the NEPA process for a 
     proposed action that requires the preparation of an 
     environmental impact statement, the head of a Federal agency 
     shall produce for the proposed action not more than 1--
       ``(A) environmental impact statement;
       ``(B) if necessary, environmental assessment; and
       ``(C) record of decision.
       ``(2) EIS not required.--In carrying out the NEPA process 
     for a proposed action that does not require the preparation 
     of an environmental impact statement, the head of a Federal 
     agency shall produce for the proposed action not more than 
     1--
       ``(A) environmental assessment; or
       ``(B) finding of no significant impact.
       ``(e) Categorical Exclusions.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and subject to paragraph (2), the head of a Federal 
     agency may, without further approval, use a categorical 
     exclusion under this title that has been approved by--
       ``(A)(i) another Federal agency; and
       ``(ii) the Council on Environmental Quality; or
       ``(B) an Act of Congress.
       ``(2) Requirements.--The head of a Federal agency may use a 
     categorical exclusion described in paragraph (1) if the head 
     of the Federal agency--
       ``(A) carefully reviews the description of the proposed 
     action to ensure that it fits within the category of actions 
     described in the categorical exclusion; and
       ``(B) considers the circumstances associated with the 
     proposed action to ensure that there are no extraordinary 
     circumstances that warrant the preparation of an 
     environmental assessment or an environmental impact 
     statement.
       ``(3) Extraordinary circumstances.--If the head of a 
     Federal agency determines that extraordinary circumstances 
     are present with respect to a proposed action, the head of 
     the Federal agency shall--
       ``(A) consider whether mitigating circumstances or other 
     conditions are sufficient to avoid significant effects of the 
     proposed action; and
       ``(B) if the head of the Federal agency determines that 
     those significant effects can be avoided, apply a categorical 
     exclusion to the proposed action.
       ``(f) Reuse of Work; Documents Prepared by Qualified 3rd 
     Parties.--
       ``(1) In general.--In carrying out the NEPA process for a 
     proposed action--
       ``(A) subject to paragraph (2), the head of a Federal 
     agency shall--
       ``(i) use any applicable findings and research from a prior 
     NEPA process of any Federal agency; and
       ``(ii) incorporate the findings and research described in 
     clause (i) into any applicable analysis under the NEPA 
     process; and
       ``(B) a Federal agency may adopt as an environmental impact 
     statement, environmental assessment, or other environmental 
     document to achieve compliance with this title--
       ``(i) an environmental document prepared under the law of 
     the applicable State if the head of the Federal agency 
     determines that the environmental laws of the applicable 
     State--

       ``(I) provide the same level of environmental analysis as 
     the analysis required under this title; and
       ``(II) allow for the opportunity of public comment; or

       ``(ii) subject to paragraph (3), an environmental document 
     prepared by a qualified third party chosen by the project 
     sponsor, at the expense of the project sponsor, if the head 
     of the Federal agency--

       ``(I) provides oversight of the preparation of the 
     environmental document by the third party; and
       ``(II) independently evaluates the environmental document 
     for the compliance of the environmental document with this 
     title.

       ``(2) Requirement for the reuse of findings and research.--
     The head of a Federal agency may reuse the applicable 
     findings and research described in paragraph (1)(A) if--
       ``(A)(i) the project for which the head of the Federal 
     agency is seeking to reuse the findings and research was in 
     close geographic proximity to the proposed action; and
       ``(ii) the head of the Federal agency determines that the 
     conditions under which the applicable findings and research 
     were issued have not substantially changed; or
       ``(B)(i) the project for which the head of the Federal 
     agency is seeking to reuse the findings and research was not 
     in close geographic proximity to the proposed action; and
       ``(ii) the head of the Federal agency determines that the 
     proposed action has similar issues or decisions as the 
     project.
       ``(3) Requirements for creation of environmental document 
     by qualified 3rd parties.--
       ``(A) In general.--A qualified third party may prepare an 
     environmental document intended to be adopted by a Federal 
     agency as the environmental impact statement, environmental 
     assessment, or other environmental document for a proposed 
     action under paragraph (1)(B)(ii) if--
       ``(i) the project sponsor submits a written request to the 
     head of the applicable Federal agency that the head of the 
     Federal agency approve the qualified third party to create 
     the document intended to be adopted by a Federal agency as 
     the environmental impact statement, environmental assessment, 
     or other environmental document; and
       ``(ii) the head of the Federal agency determines that--

       ``(I) the third party is qualified to prepare the document; 
     and
       ``(II) the third party has no financial or other interest 
     in the outcome of the proposed action.

       ``(B) Deadline.--The head of a Federal agency that receives 
     a written request under subparagraph (A)(i) shall issue a 
     written decision approving or denying the request not later 
     than 30 days after the date on which the written request is 
     received.
       ``(C) No prior work.--The head of a Federal agency may not 
     adopt an environmental document under paragraph (1)(B)(ii) if 
     the qualified third party began preparing the document prior 
     to the date on which the head of the Federal agency issues 
     the written decision under subparagraph (B) approving the 
     request.
       ``(D) Denials.--If the head of a Federal agency issues a 
     written decision denying the request under subparagraph 
     (A)(i), the head of the Federal agency shall submit to the 
     project sponsor with the written decision the

[[Page S5667]]

     findings that served as the basis of the denial.
       ``(g) Multi-Agency Projects.--
       ``(1) Definitions.--In this subsection:
       ``(A) Cooperating agency.--The term `cooperating agency' 
     means a Federal agency involved in a proposed action that--
       ``(i) is not the lead agency; and
       ``(ii) has the jurisdiction or special expertise such that 
     the Federal agency needs to be consulted--

       ``(I) to use a categorical exclusion; or
       ``(II) to prepare an environmental assessment or 
     environmental impact statement, as applicable.

       ``(B) Lead agency.--The term `lead agency' means the 
     Federal agency selected under paragraph (2)(A).
       ``(2) Agency designation.--
       ``(A) Lead agency.--In carrying out the NEPA process for a 
     proposed action that requires authorization from multiple 
     Federal agencies, the heads of the applicable Federal 
     agencies shall determine the lead agency for the proposed 
     action.
       ``(B) Invitation.--The head of the lead agency may invite 
     any relevant State, local, or Tribal agency with Federal 
     authorization decision responsibility to be a cooperating 
     agency.
       ``(3) Responsibilities of lead agency.--The lead agency for 
     a proposed action shall--
       ``(A) as soon as practicable and in consultation with the 
     cooperating agencies, determine whether a proposed action 
     requires the preparation of an environmental impact 
     statement; and
       ``(B) if the head of the lead agency determines under 
     subparagraph (A) that an environmental impact statement is 
     necessary--
       ``(i) be responsible for coordinating the preparation of an 
     environmental impact statement;
       ``(ii) provide cooperating agencies with an opportunity to 
     review and contribute to the preparation of the environmental 
     impact statement and environmental assessment, as applicable, 
     of the proposed action, except that the cooperating agency 
     shall limit comments to issues within the special expertise 
     or jurisdiction of the cooperating agency; and
       ``(iii) subject to subsection (c), as soon as practicable 
     and in consultation with the cooperating agencies, determine 
     the range of alternatives to be considered for the proposed 
     action.
       ``(4) Environmental documents.--In carrying out the NEPA 
     process for a proposed action, the lead agency shall prepare 
     not more than 1 of each type of document described in 
     paragraph (1) or (2) of subsection (d), as applicable--
       ``(A) in consultation with cooperating agencies; and
       ``(B) for all applicable Federal agencies.
       ``(5) Prohibitions.--
       ``(A) In general.--A cooperating agency may not evaluate an 
     alternative to the proposed action that has not been 
     determined to be within the range of alternatives considered 
     under paragraph (3)(B)(iii).
       ``(B) Omission.--If a cooperating agency submits to the 
     lead agency an evaluation of an alternative that does not 
     meet the requirements of subsection (c), the lead agency 
     shall omit the alternative from the environmental impact 
     statement.
       ``(h) Reports.--
       ``(1) NEPA data.--
       ``(A) In general.--The head of each Federal agency that 
     carries out the NEPA process shall carry out a process to 
     track, and annually submit to Congress a report containing, 
     the information described in subparagraph (B).
       ``(B) Information described.--The information referred to 
     in subparagraph (A) is, with respect to the Federal agency 
     issuing the report under that subparagraph--
       ``(i) the number of proposed actions for which a 
     categorical exclusion was issued during the reporting period;
       ``(ii) the length of time the Federal agency took to issue 
     the categorical exclusions described in clause (i);
       ``(iii) the number of proposed actions pending on the date 
     on which the report is submitted for which the issuance of a 
     categorical exclusion is pending;
       ``(iv) the number of proposed actions for which an 
     environmental assessment was issued during the reporting 
     period;
       ``(v) the length of time the Federal agency took to 
     complete each environmental assessment described in clause 
     (iv);
       ``(vi) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     assessment is being drafted;
       ``(vii) the number of proposed actions for which an 
     environmental impact statement was issued during the 
     reporting period;
       ``(viii) the length of time the Federal agency took to 
     complete each environmental impact statement described in 
     clause (vii); and
       ``(ix) the number of proposed actions pending on the date 
     on which the report is submitted for which an environmental 
     impact statement is being drafted.
       ``(2) NEPA costs.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Chair of the Council on 
     Environmental Quality and the Director of the Office of 
     Management and Budget shall jointly develop a methodology to 
     assess the comprehensive costs of the NEPA process.
       ``(B) Requirements.--The head of each Federal agency that 
     carries out the NEPA process shall--
       ``(i) adopt the methodology developed under subparagraph 
     (A); and
       ``(ii) use the methodology developed under subparagraph (A) 
     to annually submit to Congress a report describing--

       ``(I) the comprehensive cost of the NEPA process for each 
     proposed action that was carried out within the reporting 
     period; and
       ``(II) for a proposed action for which the head of the 
     Federal agency is still completing the NEPA process at the 
     time the report is submitted--

       ``(aa) the amount of money expended to date to carry out 
     the NEPA process for the proposed action; and
       ``(bb) an estimate of the remaining costs before the NEPA 
     process for the proposed action is complete.''.
       (3) Legal reforms.--Section 105 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (as 
     amended by paragraph (2)) is amended by adding at the end the 
     following:
       ``(i) Judicial Review.--
       ``(1) Standing.--Notwithstanding any other provision of 
     law, a plaintiff may only bring a claim arising under Federal 
     law seeking judicial review of a portion of the NEPA process 
     if the plaintiff pleads facts that allege that the plaintiff 
     has personally suffered, or will likely personally suffer, a 
     direct, tangible harm as a result of the portion of the NEPA 
     process for which the plaintiff is seeking review.
       ``(2) Statute of limitations.--
       ``(A) In general.--Notwithstanding any other provision of 
     law and except as provided in subparagraph (B)(ii), a claim 
     arising under Federal law seeking judicial review of any 
     portion of the NEPA process shall be barred unless it is 
     filed not later than the earlier of--
       ``(i) 150 days after the final agency action under the NEPA 
     process has been taken; and
       ``(ii) if applicable, an earlier date after which judicial 
     review is barred that is specified in the Federal law 
     pursuant to which the judicial review is allowed.
       ``(B) New information.--
       ``(i) Consideration.--A Federal agency shall consider for 
     the purpose of a supplemental environmental impact statement 
     new information received after the close of a comment period 
     if the information satisfies the requirements for a 
     supplemental environmental impact statement under the 
     regulations of the Federal agency.
       ``(ii) Statute of limitations based on new information.--If 
     a supplemental environmental impact statement is required 
     under the regulations of a Federal agency, a claim for 
     judicial review of the supplemental environmental impact 
     statement shall be barred unless it is filed not later than 
     the earlier of--

       ``(I) 150 days after the publication of a notice in the 
     Federal Register that the supplemental environmental impact 
     statement is final; and
       ``(II) if applicable, an earlier date after which judicial 
     review is barred that is specified in the Federal law 
     pursuant to which the judicial review is allowed.

       ``(C) Savings clause.--Nothing in this paragraph creates a 
     right to judicial review.
       ``(3) Remedies.--
       ``(A) Preliminary injunctions and temporary restraining 
     orders.--
       ``(i) In general.--Subject to clause (ii), in a motion for 
     a temporary restraining order or preliminary injunction 
     against a Federal agency or project sponsor in a claim 
     arising under Federal law seeking judicial review of any 
     portion of the NEPA process, the plaintiff shall establish by 
     clear and convincing evidence that--

       ``(I) the plaintiff is likely to succeed on the merits;
       ``(II) the plaintiff is likely to suffer irreparable harm 
     in the absence of the temporary restraining order or 
     preliminary injunction, as applicable;
       ``(III) the balance of equities is tipped in the favor of 
     the plaintiff; and
       ``(IV) the temporary restraining order or preliminary 
     injunction is in the public interest.

       ``(ii) Additional requirements.--A court may not grant a 
     motion described in clause (i) unless the court--

       ``(I) makes a finding of extraordinary circumstances that 
     warrant the granting of the motion;
       ``(II) considers the potential effects on public health, 
     safety, and the environment, and the potential for 
     significant negative effects on jobs resulting from granting 
     the motion; and
       ``(III) notwithstanding any other provision of law, applies 
     the requirements of Rule 65(c) of the Federal Rules of Civil 
     Procedure.

       ``(B) Permanent injunctions.--
       ``(i) In general.--Subject to clause (ii), in a motion for 
     a permanent injunction against a Federal agency or project 
     sponsor a claim arising under Federal law seeking judicial 
     review of any portion of the NEPA process, the plaintiff 
     shall establish by clear and convincing evidence that--

       ``(I) the plaintiff has suffered an irreparable injury;
       ``(II) remedies available at law, including monetary 
     damages, are inadequate to compensate for the injury;
       ``(III) considering the balance of hardship between the 
     plaintiff and defendant, a remedy in equity is warranted;
       ``(IV) the public interest is not disserved by a permanent 
     injunction; and
       ``(V) if the error or omission of a Federal agency in a 
     statement required under this title is the grounds for which 
     the plaintiff is

[[Page S5668]]

     seeking judicial review, the error or omission is likely to 
     result in specific, irreparable damage to the environment.

       ``(ii) Additional showing.--A court may not grant a motion 
     described in clause (i) unless--

       ``(I) the court makes a finding that extraordinary 
     circumstances exist that warrant the granting of the motion; 
     and
       ``(II) the permanent injunction is--

       ``(aa) as narrowly tailored as possible to correct the 
     injury; and
       ``(bb) the least intrusive means necessary to correct the 
     injury.''.
       (4) Other reforms.--Title I of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended by 
     inserting after section 105 (as amended by paragraph (3)) the 
     following:

     ``SEC. 106. EPA REVIEW.

       ``(a) Definition of Federal Agency.--In this section, the 
     term `Federal agency' includes a State that has assumed the 
     responsibility of a Federal agency under--
       ``(1) section 107; or
       ``(2) section 327 of title 23, United States Code.
       ``(b) EPA Comments.--The Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     `Administrator') may comment on a draft or final submission 
     of an environmental impact statement from any Federal agency.
       ``(c) Technical Assistance.--The Administrator may, on 
     request of a Federal agency preparing a draft or final 
     environmental impact statement, provide technical assistance 
     in the completion of that environmental impact statement.

     ``SEC. 107. PROJECT DELIVERY PROGRAMS.

       ``(a) Definition of Agency Program.--In this section, the 
     term `agency program' means a project delivery program 
     established by a Federal agency under subsection (b)(1).
       ``(b) Establishment.--
       ``(1) In general.--The head of each Federal agency, 
     including the Secretary of Transportation, shall carry out a 
     project delivery program.
       ``(2) Assumption of responsibility.--
       ``(A) In general.--Subject to subparagraph (B), the head of 
     each Federal agency shall, on request of a State, enter into 
     a written agreement with the State, which may be in the form 
     of a memorandum of understanding, in which the head of each 
     Federal agency may assign, and the State may assume, the 
     responsibilities of the head of the Federal agency under this 
     title with respect to 1 or more projects within the State 
     that are under the jurisdiction of the Federal agency.
       ``(B) Exception.--The head of a Federal agency shall not 
     enter into a written agreement under subparagraph (A) if the 
     head of the Federal agency determines that the State is not 
     in compliance with the requirements described in subsection 
     (c)(4).
       ``(C) Additional responsibility.--If a State assumes 
     responsibility under subparagraph (A)--
       ``(i) the head of the Federal agency may assign to the 
     State, and the State may assume, all or part of the 
     responsibilities of the head of the Federal agency for 
     environmental review, consultation, or other action required 
     under any Federal environmental law pertaining to the review 
     or approval of a specific project;
       ``(ii) at the request of the State, the head of the Federal 
     agency may also assign to the State, and the State may 
     assume, the responsibilities of the head of the Federal 
     agency under this title with respect to 1 or more projects 
     within the State that are under the jurisdiction of the 
     Federal agency; but
       ``(iii) the head of the Federal agency may not assign 
     responsibility for any conformity determination required 
     under section 176 of the Clean Air Act (42 U.S.C. 7506).
       ``(D) Procedural and substantive requirements.--A State 
     shall assume responsibility under this section subject to the 
     same procedural and substantive requirements as would apply 
     if that responsibility were carried out by the Federal 
     agency.
       ``(E) Federal responsibility.--Any responsibility of a 
     Federal agency not explicitly assumed by the State by written 
     agreement under subparagraph (A) shall remain the 
     responsibility of the Federal agency.
       ``(F) No effect on authority.--Nothing in this section 
     preempts or interferes with any power, jurisdiction, 
     responsibility, or authority of an agency, other than the 
     Federal agency for which the written agreement applies, under 
     applicable law (including regulations) with respect to a 
     project.
       ``(G) Preservation of flexibility.--The head of the Federal 
     agency may not require a State, as a condition of 
     participation in the agency program of the Federal agency, to 
     forego project delivery methods that are otherwise 
     permissible for projects under applicable law.
       ``(H) Legal fees.--A State assuming the responsibilities of 
     a Federal agency under this section for a specific project 
     may use funds awarded to the State for that project for 
     attorneys' fees directly attributable to eligible activities 
     associated with the project.
       ``(c) State Participation.--
       ``(1) Participating states.--Except as provided in 
     subsection (b)(2)(B), all States are eligible to participate 
     in an agency program.
       ``(2) Application.--Not later than 270 days after the date 
     of enactment of this section, the head of each Federal agency 
     shall amend, as appropriate, regulations that establish 
     requirements relating to information required to be contained 
     in any application of a State to participate in the agency 
     program, including, at a minimum--
       ``(A) the projects or classes of projects for which the 
     State anticipates exercising the authority that may be 
     granted under the agency program;
       ``(B) verification of the financial resources necessary to 
     carry out the authority that may be granted under the agency 
     program; and
       ``(C) evidence of the notice and solicitation of public 
     comment by the State relating to participation of the State 
     in the agency program, including copies of comments received 
     from that solicitation.
       ``(3) Public notice.--
       ``(A) In general.--Each State that submits an application 
     under this subsection shall give notice of the intent of the 
     State to participate in an agency program not later than 30 
     days before the date of submission of the application.
       ``(B) Method of notice and solicitation.--The State shall 
     provide notice and solicit public comment under this 
     paragraph by publishing the complete application of the State 
     in accordance with the appropriate public notice law of the 
     State.
       ``(4) Selection criteria.--The head of a Federal agency may 
     approve the application of a State under this section only 
     if--
       ``(A) the regulatory requirements under paragraph (2) have 
     been met;
       ``(B) the head of the Federal agency determines that the 
     State has the capability, including financial and personnel, 
     to assume the responsibility; and
       ``(C) the head of the State agency having primary 
     jurisdiction over the project enters into a written agreement 
     with the head of the Federal agency as described in 
     subsection (d).
       ``(5) Other federal agency views.--If a State applies to 
     assume a responsibility of the Federal agency that would have 
     required the head of the Federal agency to consult with the 
     head of another Federal agency, the head of the Federal 
     agency shall solicit the views of the head of the other 
     Federal agency before approving the application.
       ``(d) Written Agreement.--A written agreement under 
     subsection (b)(2)(A) shall--
       ``(1) be executed by the Governor or the top-ranking 
     official in the State who is charged with responsibility for 
     the project;
       ``(2) be in such form as the head of the Federal agency may 
     prescribe;
       ``(3) provide that the State--
       ``(A) agrees to assume all or part of the responsibilities 
     of the Federal agency described in subparagraphs (A) and (C) 
     of subsection (b)(2);
       ``(B) expressly consents, on behalf of the State, to accept 
     the jurisdiction of the Federal courts for the compliance, 
     discharge, and enforcement of any responsibility of the 
     Federal agency assumed by the State;
       ``(C) certifies that State laws (including regulations) are 
     in effect that--
       ``(i) authorize the State to take the actions necessary to 
     carry out the responsibilities being assumed; and
       ``(ii) are comparable to section 552 of title 5, including 
     providing that any decision regarding the public availability 
     of a document under those State laws is reviewable by a court 
     of competent jurisdiction; and
       ``(D) agrees to maintain the financial resources necessary 
     to carry out the responsibilities being assumed;
       ``(4) require the State to provide to the head of the 
     Federal agency any information the head of the Federal agency 
     reasonably considers necessary to ensure that the State is 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(5) have a term of not more than 5 years; and
       ``(6) be renewable.
       ``(e) Jurisdiction.--
       ``(1) In general.--The United States district courts shall 
     have exclusive jurisdiction over any civil action against a 
     State for failure to carry out any responsibility of the 
     State under this section.
       ``(2) Legal standards and requirements.--A civil action 
     under paragraph (1) shall be governed by the legal standards 
     and requirements that would apply in such a civil action 
     against the head of a Federal agency had the head of the 
     Federal agency taken the actions in question.
       ``(3) Intervention.--The head of a Federal agency shall 
     have the right to intervene in any action described in 
     paragraph (1).
       ``(f) Effect of Assumption of Responsibility.--A State that 
     assumes responsibility under subsection (b)(2) shall be 
     solely responsible and solely liable for carrying out, in 
     lieu of and without further approval of the head of the 
     Federal agency, the responsibilities assumed under subsection 
     (b)(2), until the agency program is terminated under 
     subsection (k).
       ``(g) Limitations on Agreements.--Nothing in this section 
     permits a State to assume any rulemaking authority of the 
     head of a Federal agency under any Federal law.
       ``(h) Audits.--
       ``(1) In general.--To ensure compliance by a State with any 
     agreement of the State under subsection (d) (including 
     compliance by the State with all Federal laws for which 
     responsibility is assumed under subsection (b)(2)), for each 
     State participating in an agency program, the head of a 
     Federal agency shall--
       ``(A) not later than 180 days after the date of execution 
     of the agreement, meet with the

[[Page S5669]]

     State to review implementation of the agreement and discuss 
     plans for the first annual audit;
       ``(B) conduct annual audits during each of the first 4 
     years of State participation; and
       ``(C) ensure that the time period for completing an annual 
     audit, from initiation to completion (including public 
     comment and responses to those comments), does not exceed 180 
     days.
       ``(2) Public availability and comment.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be provided to the public for comment.
       ``(B) Response.--Not later than 60 days after the date on 
     which the period for public comment ends, the head of the 
     Federal agency shall respond to public comments received 
     under subparagraph (A).
       ``(3) Audit team.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be carried out by an audit team determined by the head 
     of the Federal agency, in consultation with the State, in 
     accordance with subparagraph (B).
       ``(B) Consultation.--Consultation with the State under 
     subparagraph (A) shall include a reasonable opportunity for 
     the State to review and provide comments on the proposed 
     members of the audit team.
       ``(i) Monitoring.--After the fourth year of the 
     participation of a State in an agency program, the head of 
     the Federal agency shall monitor compliance by the State with 
     the written agreement, including the provision by the State 
     of financial resources to carry out the written agreement.
       ``(j) Report to Congress.--The head of each Federal agency 
     shall submit to Congress an annual report that describes the 
     administration of the agency program.
       ``(k) Termination.--
       ``(1) Termination by federal agency.--The head of a Federal 
     agency may terminate the participation of any State in the 
     agency program of the Federal agency if--
       ``(A) the head of the Federal agency determines that the 
     State is not adequately carrying out the responsibilities 
     assigned to the State;
       ``(B) the head of the Federal agency provides to the 
     State--
       ``(i) a notification of the determination of noncompliance;
       ``(ii) a period of not less than 120 days to take such 
     corrective action as the head of the Federal agency 
     determines to be necessary to comply with the applicable 
     agreement; and
       ``(iii) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under subparagraph 
     (A); and
       ``(C) the State, after the notification and period provided 
     under subparagraph (B), fails to take satisfactory corrective 
     action, as determined by the head of the Federal agency.
       ``(2) Termination by the state.--A State may terminate the 
     participation of the State in an agency program at any time 
     by providing to the head of the applicable Federal agency a 
     notice by not later than the date that is 90 days before the 
     date of termination, and subject to such terms and conditions 
     as the head of the Federal agency may provide.
       ``(l) Capacity Building.--The head of a Federal agency, in 
     cooperation with representatives of State officials, may 
     carry out education, training, peer-exchange, and other 
     initiatives as appropriate--
       ``(1) to assist States in developing the capacity to 
     participate in the agency program of the Federal agency; and
       ``(2) to promote information sharing and collaboration 
     among States that are participating in the agency program of 
     the Federal agency.
       ``(m) Relationship to Locally Administered Projects.--A 
     State granted authority under an agency program may, as 
     appropriate and at the request of a local government--
       ``(1) exercise that authority on behalf of the local 
     government for a locally administered project; or
       ``(2) provide guidance and training on consolidating and 
     minimizing the documentation and environmental analyses 
     necessary for sponsors of a locally administered project to 
     comply with this title and any comparable requirements under 
     State law.''.
       (5) Prohibition on guidance.--No Federal agency, including 
     the Council on Environmental Quality, may reissue the final 
     guidance of the Council on Environmental Quality entitled 
     ``Final Guidance for Federal Departments and Agencies on 
     Consideration of Greenhouse Gas Emissions and the Effects of 
     Climate Change in National Environmental Policy Act Reviews'' 
     (81 Fed. Reg. 51866 (August 5, 2016)) or substantially 
     similar guidance unless authorized by an Act of Congress.
       (6) Definitions.--Title I of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4331 et seq.) (as amended by 
     paragraph (1)(A)) is amended by adding at the end the 
     following:

     ``SEC. 109. DEFINITIONS.

       ``In this title:
       ``(1) Environmental assessment.--The term `environmental 
     assessment' has the meaning given the term in section 1508.9 
     of title 40, Code of Federal Regulations (or a successor 
     regulation).
       ``(2) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(3) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a proposed action.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a proposed action from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the proposed action--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;
       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(4) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a proposed 
     action.''.
       (7) Conforming amendments.--
       (A) Policy review.--Section 309 of the Clean Air Act (42 
     U.S.C. 7609) is repealed.
       (B) Surface transportation project delivery program.--
     Section 327 of title 23, United States Code, is amended--
       (i) in subsection (a)(1), by striking ``The Secretary'' and 
     inserting ``Subject to subsection (m), the Secretary''; and
       (ii) by adding at the end the following:
       ``(m) Sunset.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the authority provided by this section terminates on the date 
     of enactment of this subsection.
       ``(2) Existing agreements.--Subject to the requirements of 
     this section, the Secretary may continue to enforce any 
     agreement entered into under this section before the date of 
     enactment of this subsection.''.
       (b) Attorney Fees in Environmental Litigation.--
       (1) Administrative procedure.--Section 504(b)(1) of title 
     5, United States Code, is amended--
       (A) in subparagraph (E), by striking ``and'' at the end;
       (B) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(G) `special factor' does not include knowledge, 
     expertise, or skill in environmental litigation.''.
       (2) United states as party.--Section 2412(d)(2) of title 
     28, United States Code, is amended--
       (A) in subparagraph (H), by striking ``and'' at the end;
       (B) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(J) `special factor' does not include knowledge, 
     expertise, or skill in environmental litigation.''.
                                 ______
                                 
  SA 2268. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of division G, add the following:

                  TITLE XII--PAYMENTS IN LIEU OF TAXES

     SEC. 71201. SHORT TITLE.

       This title may be cited as the ``Making Obligations Right 
     by Enlarging Payments In Lieu of Taxes Act'' or the ``MORE 
     PILT Act''.

     SEC. 71202. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) Congress agreed with recommendations of a Federal 
     commission that, if Federal land is to be retained by the 
     Federal Government and not contribute to the tax bases of the 
     units of general local government within the jurisdictions of 
     which the land is located, compensation should be offered to 
     those units of general local government to make up for the 
     presence of nontaxable land within the jurisdictions of those 
     units of general local government;
       (2)(A) units of general local government rely on the 
     stability of property tax revenues; and
       (B) Federal programs that are subject to the annual 
     appropriations process, such as the payment in lieu of taxes 
     program, offer far less certainty than property taxes as a 
     form of revenue for units of general local government;
       (3) Federal agencies have determined that payments to units 
     of general local government under the payment in lieu of 
     taxes program are far lower than what would be due to units 
     of general local government under tax equivalency;
       (4) payments under the payment in lieu of taxes program 
     help units of general local government carry out vital 
     services, such as firefighting, police protection, public 
     education, construction of public schools, construction of 
     roads, and search-and-rescue operations; and
       (5) the technology exists to more accurately approximate 
     what the taxable value of

[[Page S5670]]

     land held by the Federal Government would be if that land 
     were taxable by units of general local government.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal Government should--
       (1) determine the amount that payments under the payment in 
     lieu of taxes program would be if those payments were 
     equivalent to the tax revenues that units of general local 
     government would otherwise receive for the same land; and
       (2) compensate those units of general local government 
     accordingly.

     SEC. 71203. DEFINITIONS.

       In this Act:
       (1) Entitlement land.--The term ``entitlement land'' has 
     the meaning given the term in section 6901 of title 31, 
     United States Code.
       (2) Highest and best use.--
       (A) In general.--The term ``highest and best use'', with 
     respect to a parcel of entitlement land, means the potential 
     use described in subparagraph (B) that would result in the 
     highest value of the land.
       (B) Potential uses described.--A potential use referred to 
     in subparagraph (A) is any use of a parcel of land that, in 
     the absence of Federal ownership of the land, would be--
       (i) physically possible;
       (ii) reasonably probable;
       (iii) legal;
       (iv) appropriately supported; and
       (v) financially feasible.
       (3) Market value.--The term ``market value'', with respect 
     to a parcel of entitlement land, means the value that the 
     land would have in a fair and open market--
       (A) disregarding any limitation on economic development and 
     any other development restriction due to Federal ownership of 
     the land or any Federal designation; and
       (B) calculated within an appropriate margin of error, as 
     determined by the Secretary.
       (4) Payment in lieu of taxes program.--The term ``payment 
     in lieu of taxes program'' means the payment in lieu of taxes 
     program established under chapter 69 of title 31, United 
     States Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Tax equivalent amount.--The term ``tax equivalent 
     amount'', with respect to payments under the payment in lieu 
     of taxes program, means the approximate amount of property 
     tax revenues that would be generated for units of general 
     local government with respect to entitlement land--
       (A) if that land were--
       (i) privately owned; and
       (ii) subject to--

       (I) local zoning laws (including regulations);
       (II) local tax laws (including regulations); and
       (III) any other relevant law, rule, or authority; and

       (B) taking into account any maximum or minimum taxable 
     value of land that is imposed by a State or unit of general 
     local government.
       (7) Tool.--The term ``tool'' means the tool or combination 
     of tools developed and maintained under section 71204(a)(1).
       (8) Unit of general local government.--The term ``unit of 
     general local government'' has the meaning given the term in 
     section 6901 of title 31, United States Code.

     SEC. 71204. MODELING TOOL, STUDY, AND REPORTS RELATING TO THE 
                   TAX EQUIVALENT AMOUNT OF PAYMENTS UNDER THE 
                   PAYMENT IN LIEU OF TAXES PROGRAM.

       (a) Modeling Tool.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Agriculture and the head of any other 
     Federal agency that the Secretary determines to be 
     appropriate, shall develop and maintain a market analysis 
     tool, mass appraisal tool, or other appropriate modeling tool 
     (or combination of tools), as determined to be appropriate by 
     the Secretary, that--
       (A) accounts for--
       (i) reasonable and customary valuation factors; and
       (ii) if, in the determination of the Secretary, data are 
     inadequate to calculate a sufficiently precise estimate of 
     the market value of the applicable parcel of entitlement 
     land, assumptions of those factors; and
       (B) calculates, in a timely manner--
       (i) the approximate market value of entitlement land; and
       (ii) the approximate tax equivalent amount of payments 
     under the payment in lieu of taxes program for that land.
       (2) Requirements.--The tool shall--
       (A) calculate, in a timely manner, the approximate market 
     value of entitlement land;
       (B) enable an employee or agent of the Department of the 
     Interior to manually modify factors relating to the valuation 
     model used by the tool to calculate, in a timely manner, the 
     market value of entitlement land based on new assumptions 
     relating to that land;
       (C) to the maximum extent practicable, provide technical 
     anchors relating to market data--
       (i) to ensure the ongoing integrity of the tool; and
       (ii) to ensure that the land values determined by the tool 
     are defensible and based on sound and generally accepted 
     valuation methodologies;
       (D) to the maximum extent practicable, assimilate, in a 
     visual interface--
       (i) market data, including the availability of mineral 
     extraction, energy production, water management, timber 
     management, agricultural uses, and recreational uses with 
     respect to the applicable land; and
       (ii) geospatial data relating to all entitlement land;
       (E) as frequently as practicable, automatically adjust to 
     reflect current market conditions, as reflected in readily 
     available market sources, as determined by the Secretary, in 
     consultation with the Secretary of Agriculture;
       (F) allow a user of the tool--
       (i) to estimate the value of entitlement land as that land 
     is currently used; and
       (ii) to estimate changes in that value due to future uses 
     under various scenarios under private ownership; and
       (G) provide a variety of estimates of the value of any 
     entitlement land for which there is no comparable non-Federal 
     land from which to derive the information necessary to 
     accurately calculate the market value of the entitlement 
     land, including an estimate based on the highest and best use 
     of the entitlement land if the entitlement land were 
     privately owned.
       (b) Study and Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter for 4 years, 
     the Secretary, in consultation with the Secretary of 
     Agriculture and the head of any other Federal agency that the 
     Secretary determines to be appropriate, shall--
       (A) conduct a study--
       (i) to evaluate all entitlement land;
       (ii) to determine, to the maximum extent practicable, the 
     market value of that land; and
       (iii) to determine, to the maximum extent practicable, the 
     tax equivalent amount of payments under the payment in lieu 
     of taxes program for that land; and
       (B) submit to Congress and make publicly available a report 
     describing--
       (i) the results of the study conducted under subparagraph 
     (A); and
       (ii) how payments under the payment in lieu of taxes 
     program could more accurately reflect the tax equivalent 
     amount.
       (2) Requirement.--In conducting the study under paragraph 
     (1)(A), the Secretary shall consider any studies conducted by 
     States, counties, or other taxing jurisdictions pertaining to 
     the tax equivalent amount of payments under the payment in 
     lieu of taxes program.
       (3) Preliminary report.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary, in consultation 
     with the Secretary of Agriculture and the head of any other 
     Federal agency that the Secretary determines to be 
     appropriate, shall submit to Congress a report that--
       (A) describes the progress of the Secretary in--
       (i) developing the tool; and
       (ii) conducting the study under paragraph (1)(A);
       (B) contains an assessment of the accuracy with which the 
     Secretary will be able to determine--
       (i) the market value of entitlement land; and
       (ii) the tax equivalent amount of payments under the 
     payment in lieu of taxes program for that land;
       (C) describes the models and data that the Secretary has 
     developed or collected, or intends to develop or collect, as 
     applicable, and plans to use in determining--
       (i) the market value of entitlement land; and
       (ii) the tax equivalent amount of payments under the 
     payment in lieu of taxes program for that land; and
       (D) includes any other information that, in the 
     determination of the Secretary, is relevant to--
       (i) the efficacy of the tool;
       (ii) the determination of--

       (I) the market value of entitlement land; or
       (II) the tax equivalent amount of payments under the 
     payment in lieu of taxes program for that land; or

       (iii) the effects of providing payments under the payment 
     in lieu of taxes program that more accurately reflect the tax 
     equivalent amount.
       (c) Contracts and Consultants.--The Secretary may contract 
     or consult with any public or private entity to analyze data, 
     conduct research, or develop a model that would contribute to 
     the reports under subsection (b) or the tool.
       (d) Data Collection and Reporting.--
       (1) In general.--The Secretary may develop reporting 
     methods to allow units of general local government to self-
     report, not more frequently than annually, data, including, 
     as the Secretary determines to be necessary--
       (A) property tax values of land;
       (B) zoning restrictions; and
       (C) mill levies.
       (2) Technical assistance.--The Secretary may provide 
     technical assistance to units of general local government 
     with respect to the reporting of information under paragraph 
     (1).
       (e) Availability of Information.--
       (1) Request for information.--Any individual or entity may 
     submit to the Secretary a request for information relating to 
     the method used by the Secretary to determine--
       (A) the market value of entitlement land; or
       (B) the tax equivalent amount of payments under the payment 
     in lieu of taxes program for that land.

[[Page S5671]]

       (2) Information provided.--The Secretary shall provide to 
     each individual or entity that submits a request for 
     information under paragraph (1)--
       (A) any data and models used by the Secretary to determine, 
     as applicable--
       (i) the market value of any entitlement land for which a 
     unit of general local government receives payments under the 
     payment in lieu of taxes program; or
       (ii) the tax equivalent amount of payments under the 
     payment in lieu of taxes program for that land; and
       (B) a description of how the data and models described in 
     subparagraph (A) are used to make the determinations 
     described in that subparagraph.
       (3) Response deadline for certain requests.--Not later than 
     30 days after receiving a request under paragraph (1) from a 
     unit of general local government pertaining to entitlement 
     land for which the unit of general local government receives 
     payments under the payment in lieu of taxes program, the 
     Secretary shall provide to that unit of general local 
     government the information described in paragraph (2) with 
     respect to that land.
       (f) Funding.--Section 200306 of title 54, United States 
     Code, is amended by adding at the end the following:
       
       ``(e) Tax Equivalency of PILT Payments Modeling Tool, 
     Study, and Report.--For each of the first 6 fiscal years 
     beginning after the date of enactment of the MORE PILT Act, 
     there shall be made available to the Secretary, out of 
     amounts made available for expenditure under section 200303, 
     $9,000,000 to carry out that Act.''.
                                 ______
                                 
  SA 2269. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

               DIVISION ___--DRONE INTEGRATION AND ZONING

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Drone 
     Integration and Zoning Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Federal Aviation Administration updates to navigable airspace.
Sec. 4. Preservation of State, local, and Tribal authorities with 
              respect to civil unmanned aircraft systems.
Sec. 5. Preservation of local zoning authority for unmanned aircraft 
              take-off and landing zones.
Sec. 6. Rights to operate.
Sec. 7. Updates to rules regarding the commercial carriage of property.
Sec. 8. Designation of certain complex airspace.
Sec. 9. Improvements to plan for full operational capability of 
              unmanned aircraft systems traffic management.
Sec. 10. Updates to rules regarding small unmanned aircraft safety 
              standards.
Sec. 11. Rules of construction.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Civil.--The term ``civil'', with respect to an unmanned 
     aircraft system, means that the unmanned aircraft is not a 
     public aircraft (as defined in section 40102 of title 49, 
     United States Code).
       (3) Commercial operator.--The term ``commercial operator'' 
     means a person who operates a civil unmanned aircraft system 
     for commercial purposes.
       (4) Immediate reaches of airspace.--The term ``immediate 
     reaches of airspace'' means, with respect to the operation of 
     a civil unmanned aircraft system, any area within 200 feet 
     above ground level.
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (6) Local government.--The term ``local'', with respect to 
     a government, means the government of a subdivision of a 
     State.
       (7) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, and the territories and possessions 
     of the United States.
       (8) Tribal government.--The term ``Tribal'', with respect 
     to a government, means the governing body of an Indian Tribe.
       (9) Unmanned aircraft; unmanned aircraft system.--The terms 
     ``unmanned aircraft'' and ``unmanned aircraft system'' have 
     the meanings given those terms in section 331 of the FAA 
     Modernization and Reform Act of 2012 (Public Law 112-95; 49 
     U.S.C. 40101 note).
       (10) Unmanned aircraft take-off and landing zone.--The term 
     ``unmanned aircraft take-off and landing zone'' means a 
     structure, area of land or water, or other designation for 
     use or intended to be used for the take-off or landing of 
     civil unmanned aircraft systems operated by a commercial 
     operator.

     SEC. 3. FEDERAL AVIATION ADMINISTRATION UPDATES TO NAVIGABLE 
                   AIRSPACE.

       (a) Definition.--Paragraph (32) of section 40102 of title 
     49, United States Code, is amended by adding at the end the 
     following new sentence: ``In applying such term to the 
     regulation of civil unmanned aircraft systems, such term 
     shall not include the area within the immediate reaches of 
     airspace (as defined in section 2 of Drone Integration and 
     Zoning Act).''.
       (b) Rulemaking.--
       (1) In general.--The Administrator shall conduct a 
     rulemaking proceeding to update the definition of ``navigable 
     airspace''.
       (2) Consultation.--In conducting the rulemaking proceeding 
     under paragraph (1), the Administrator shall consult with 
     appropriate State, local, or Tribal officials.
       (c) Designation Requirement.--In conducting the rulemaking 
     proceeding under subsection (b), the Administrator shall 
     designate the area between 200 feet and 400 feet above ground 
     level--
       (1) for use of civil unmanned aircraft systems under the 
     exclusive authority of the Administrator; and
       (2) for use by both commercial operators or hobbyists and 
     recreational unmanned aircraft systems, under rules 
     established by the Administrator.
       (d) Final Rule.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall issue a final 
     rule pursuant to the rulemaking conducted under subsection 
     (b).
       (e) Rules of Construction.--Nothing in this section may be 
     construed to--
       (1) prohibit the Administrator from promulgating 
     regulations related to the operation of unmanned aircraft 
     systems at more than 400 feet above ground level; or
       (2) diminish or expand the preemptive effect of the 
     authority of the Federal Aviation Administration with respect 
     to manned aviation.

     SEC. 4. PRESERVATION OF STATE, LOCAL, AND TRIBAL AUTHORITIES 
                   WITH RESPECT TO CIVIL UNMANNED AIRCRAFT 
                   SYSTEMS.

       (a) Findings; Sense of Congress.--
       (1) Findings.--Congress finds the following:
       (A) Using its constitutional authority to regulate commerce 
     among the States, Congress granted the Federal Government 
     authority over all of the navigable airspace in the United 
     States in order to foster air commerce.
       (B) While the regulation of the navigable airspace is 
     within the Federal Government's domain, the Supreme Court 
     recognized in United States v. Causby, 328 U.S. 256 (1946), 
     that the Federal Government's regulatory authority is limited 
     by the property rights possessed by landowners over the 
     exclusive control of the immediate reaches of their airspace.
       (C) As a sovereign government, a State possesses police 
     powers, which include the power to protect the property 
     rights of its citizens.
       (D) The proliferation of low-altitude operations of 
     unmanned aircraft systems has created a conflict between the 
     responsibility of the Federal Government to regulate the 
     navigable airspace and the inherent sovereign police power 
     possessed by the States to protect the property rights of 
     their citizens.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) in order for landowners to have full enjoyment and use 
     of their land, they must have exclusive control of the 
     immediate reaches of airspace over their property;
       (B) the States possess sovereign police powers, which 
     include the power to regulate land use, protect property 
     rights, and exercise zoning authority; and
       (C) the Federal Government lacks the authority to intrude 
     upon a State's sovereign right to issue reasonable time, 
     manner, and place restrictions on the operation of unmanned 
     aircraft systems operating within the immediate reaches of 
     airspace.
       (b) Requirements Related to Regulations and Standards.--
       (1) In general.--In prescribing regulations or standards 
     related to civil unmanned aircraft systems, the following 
     shall apply:
       (A) The Administrator shall not authorize the operation of 
     a civil unmanned aircraft in the immediate reaches of 
     airspace above property without permission of the property 
     owner.
       (B) Subject to paragraph (2), in the case of a structure 
     that exceeds 200 feet above ground level, the Administrator 
     shall not authorize the operation of a civil unmanned 
     aircraft--
       (i) within 50 feet of the top of such structure; or
       (ii) within 200 feet laterally of such structure or inside 
     the property line of such structure's owner, whichever is 
     closer to such structure.
       (C) The Administrator shall not authorize the physical 
     contact of a civil unmanned aircraft, including such 
     aircraft's take-off or landing, with a structure that exceeds 
     200 feet above ground level without permission of the 
     structure's owner.
       (D) The Administrator shall ensure that the authority of a 
     State, local, or Tribal government to issue reasonable 
     restrictions on the time, manner, and place of operation of a 
     civil unmanned aircraft system that is operated below 200 
     feet above ground level is not preempted.

[[Page S5672]]

       (2) Exception.--The limitation on the operation of a civil 
     unmanned aircraft under paragraph (1)(B) shall not apply if--
       (A) the operator of such aircraft has the permission of the 
     structure's owner;
       (B) such aircraft is being operated directly within or 
     above an authorized public right of way; or
       (C) such aircraft is being operated on an authorized 
     commercial route designated under subsection (c).
       (3) Reasonable restrictions.--For purposes of paragraph 
     (1)(D), reasonable restrictions on the time, manner, and 
     place of operation of a civil unmanned aircraft system 
     include the following:
       (A) Specifying limitations on speed of flight over 
     specified areas.
       (B) Prohibitions or limitations on operations in the 
     vicinity of schools, parks, roadways, bridges, moving 
     locations, or other public or private property.
       (C) Restrictions on operations at certain times of the day 
     or week or on specific occasions such as parades or sporting 
     events, including sporting events that do not remain in one 
     location.
       (D) Prohibitions on careless or reckless operations, 
     including operations while the operator is under the 
     influence of alcohol or drugs.
       (E) Other prohibitions that protect public safety, personal 
     privacy, or property rights, or that manage land use or 
     restrict noise pollution.
       (c) Designation of Authorized Commercial Routes.--
       (1) In general.--For purposes of subsection (b)(2)(C), not 
     later than 18 months after the date of enactment of this Act, 
     the Administrator shall establish a process for the 
     designation of routes as authorized commercial routes. No 
     area within 200 feet above ground level may be included in a 
     designated authorized commercial route.
       (2) Application.--Under the process established under 
     paragraph (1), applicants shall submit an application for 
     such a designation in a form and manner determined 
     appropriate by the Administrator.
       (3) Timeframe for decision.--Under the process established 
     under paragraph (1), the Administrator shall approve or 
     disapprove a complete application for designation within 90 
     days of receiving the application.
       (4) Consultation.--In reviewing an application for the 
     designation of an area under this subsection, the 
     Administrator shall consult with and heavily weigh the views 
     of--
       (A) the applicable State, local, or Tribal government that 
     has jurisdiction over the operation of unmanned aircraft in 
     the area below the area to be designated;
       (B) owners of structures who would be affected by the 
     designation of a route as an authorized commercial route; and
       (C) commercial unmanned aircraft operators.
       (5) Denial of application.--If the Administrator denies an 
     application for a designation under this subsection, the 
     Administrator shall provide the applicant with--
       (A) a detailed description of the reasons for the denial; 
     and
       (B) recommendations for changes that the applicant can make 
     to correct the deficiencies in their application.
       (6) Approval of application.--If the Administrator approves 
     an application for a designation under this subsection, the 
     Administrator shall clearly describe the boundaries of the 
     designated authorized commercial route and any applicable 
     limitations for operations on the route.
       (7) Delegation.--The Administrator may delegate the 
     authority to designate authorized commercial routes under 
     this subsection to a State, local, or Tribal government that 
     has entered into an agreement with the Administrator under 
     section 8 with respect to an area designated as complex 
     airspace.
       (d) Rules of Construction.--
       (1) Significant safety hazard.--Nothing in this section may 
     be construed to permit a State, local, or Tribal government 
     to issue restrictions, or a combination of restrictions, that 
     would create a significant safety hazard in the navigable 
     airspace, airport operations, air navigation facilities, air 
     traffic control systems, or other components of the national 
     airspace system that facilitate the safe and efficient 
     operation of civil, commercial, or military aircraft within 
     the United States.
       (2) Cause of action.--Nothing in this section may be 
     construed to prohibit a property owner or the owner of a 
     structure with a height that exceeds 200 feet above ground 
     level from pursuing any available cause of action under State 
     law related to unmanned aircraft operations above 200 feet 
     above ground level.

     SEC. 5. PRESERVATION OF LOCAL ZONING AUTHORITY FOR UNMANNED 
                   AIRCRAFT TAKE-OFF AND LANDING ZONES.

       (a) General Authority.--Subject to the succeeding 
     provisions of this section, nothing in this Act shall limit 
     or affect the authority of a State, local, or Tribal 
     government over decisions regarding the designation, 
     placement, construction, or modification of an unmanned 
     aircraft take-off and landing zone.
       (b) Nondiscrimination.--The regulation of the designation, 
     placement, construction, or modification of an unmanned 
     aircraft take-off and landing zone by any State, local, or 
     Tribal government may not--
       (1) unreasonably discriminate among commercial operators of 
     unmanned aircraft systems; or
       (2) prohibit, or have the effect of prohibiting, a 
     commercial operator from operating an unmanned aircraft 
     system.
       (c) Applications.--
       (1) Requirement to act.--
       (A) In general.--A State, local, or Tribal government shall 
     act on any complete application for authorization to 
     designate, place, construct, or modify an unmanned aircraft 
     take-off and landing zone within 60 days of receiving such 
     application.
       (B) Denial.--If a State, local, or Tribal government denies 
     an application for the designation, placement, construction, 
     or modification of an unmanned aircraft take-off and landing 
     zone, the State, local, or Tribal government shall, not later 
     than 30 days after denying the application, submit to the 
     commercial operator a written record that details--
       (i) the findings and substantial evidence that serves as 
     the basis for denying the application; and
       (ii) recommendations for how the commercial operator can 
     address the reasons for the application's denial.
       (2) Fees.--Notwithstanding any other provision of law, a 
     State, local, or Tribal government may charge a fee to 
     consider an application for the designation, placement, 
     construction, or modification of an unmanned aircraft take-
     off and landing zone, or to use a right-of-way or a facility 
     in a right-of-way owned or managed by the State, local, or 
     Tribal government for the designation, placement, 
     construction, or modification of an unmanned aircraft take-
     off and landing zone, if the fee is--
       (A) competitively neutral, technologically neutral, and 
     nondiscriminatory; and
       (B) publicly disclosed.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to prevent any State, local, or Tribal 
     government from imposing any additional limitation or 
     requirement relating to consideration by the State, local, or 
     Tribal government of an application for the designation, 
     placement, construction, or modification of an unmanned 
     aircraft take-off and landing zone.
       (d) Judicial Review.--Any person adversely affected by any 
     final action or failure to act by a State, local, or Tribal 
     government that is inconsistent with this section may, within 
     30 days after the action or failure to act, commence an 
     action in any court of competent jurisdiction, which shall 
     hear and decide the action on an expedited basis.
       (e) Effective Date.--The provisions of this section shall 
     take effect on the day that is 180 days after the final rule 
     under section 3(d) is issued.

     SEC. 6. RIGHTS TO OPERATE.

       (a) Prohibition.--
       (1) In general.--Subject to subsection (b), a State, local, 
     or Tribal government may not adopt, maintain, or enforce any 
     law, rule, or standard that unreasonably or substantially 
     impedes--
       (A) the ascent or descent of an unmanned aircraft system, 
     operated by a commercial operator, to or from the navigable 
     airspace in the furtherance of a commercial activity; or
       (B) a civil unmanned aircraft from reaching navigable 
     airspace where operations are permitted.
       (2) Unreasonable or substantial impediment.--For purposes 
     of paragraph (1), an unreasonable or substantial impediment 
     with respect to civil unmanned aircraft includes--
       (A) a complete and total ban on overflights of civil 
     unmanned aircraft over the entirety of airspace within a 
     State, local, or Tribal government's jurisdiction; and
       (B) a combination of prohibitions or restrictions on 
     overflights within airspace under a State, local, or Tribal 
     government's jurisdiction such that it is nearly impossible 
     for civil unmanned aircraft to reach the navigable airspace.
       (b) Rules of Construction.--Nothing in subsection (a) may 
     be construed to prohibit a State, local, or Tribal government 
     from--
       (1) adopting, maintaining, or enforcing laws, rules, or 
     standards that regulate unmanned aircraft systems below 200 
     feet above ground level; or
       (2) prescribing emergency procedures for a civil unmanned 
     aircraft system descending into an area 200 feet above ground 
     level.

     SEC. 7. UPDATES TO RULES REGARDING THE COMMERCIAL CARRIAGE OF 
                   PROPERTY.

       (a) Improving Regulations.--Section 44808 of title 49, 
     United States Code, is amended--
       (1) by redesignating subsection (b)(5) as subsection (c), 
     and indenting appropriately;
       (2) by redesignating subparagraphs (A), (B), and (C) of 
     subsection (c), as redesignated by paragraph (1), as 
     paragraphs (1), (2), and (3), respectively, and indenting 
     appropriately;
       (3) by redesignating subsection (b)(6) as subsection (d), 
     and indenting appropriately; and
       (4) in subsection (b), as previously amended, by adding at 
     the end the following new paragraphs:
       ``(5) Ensure that the provision of section 41713 shall not 
     apply to the carriage of property by operators of small 
     unmanned aircraft systems.
       ``(6) Ensure that an operator of a small unmanned aircraft 
     system is not required to comply with any rules approved 
     under this section if the operator is operating solely under 
     a State authorization for the intrastate carriage of property 
     for compensation or hire.
       ``(7) Ensure that the costs necessary to receive such an 
     authorization are minimal so as to protect competition 
     between market participants.

[[Page S5673]]

       ``(8) A streamlined application process that only contains 
     requirements minimally necessary for safe operation and 
     substantially outweigh the compliance costs for an 
     applicant.''.
       (b) Clarification Regarding Preemption.--Section 41713(b) 
     of title 49, United States Code, is amended by adding at the 
     end the following new paragraph:
       ``(5) Not applicable to the operation of a civil unmanned 
     aircraft system.--Paragraphs (1) and (4) shall not apply to 
     the operation of a civil unmanned aircraft system.''.
       (c) Exclusion From Definition of Air Carrier.--Section 
     40102(2) of title 49, United States Code, is amended by 
     inserting ``(but does not include an operator of civil 
     unmanned aircraft systems)'' before the period at the end.
       (d) State Authorization for the Intrastate Carriage of 
     Property.--A State may not be prohibited from issuing an 
     authorization (and the Federal Government may not require a 
     Federal authorization) for the carriage of property by a 
     commercial operator of a civil unmanned aircraft that is 
     operating in intrastate commerce if the civil unmanned 
     aircraft is only authorized by the State to operate--
       (1) within the immediate reaches of airspace; and
       (2) within the lateral boundaries of the State.

     SEC. 8. DESIGNATION OF CERTAIN COMPLEX AIRSPACE.

       (a) Process for Designation.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     establish a process under which a State, local, or Tribal 
     government may submit an application to the Administrator (in 
     a form and manner determined appropriate by the 
     Administrator) for the designation of an area as an area of 
     ``complex airspace.'' Such process shall allow for individual 
     or collective designations.
       (2) Timeframe for decision.--Under the process established 
     under paragraph (1), the Administrator shall approve or 
     disapprove a complete application for designation within 90 
     days of receiving the application.
       (3) Review of application.--In reviewing an application for 
     a designation under this section, the Administrator may deny 
     the request if the State, local, or Tribal government does 
     not have--
       (A) the financial resources to carry out the authority to 
     be granted under the designation; or
       (B) the technological capabilities necessary to carry out 
     the authority granted to the State under the designation.
       (4) Denial of application.--If the Administrator denies an 
     application for a designation under this section, the 
     Administrator shall provide the State, local, or Tribal 
     government with--
       (A) a detailed description of the reasons for the denial; 
     and
       (B) recommendations for changes that the State can make to 
     correct the deficiencies in their application.
       (5) Approval of application.--If the Administrator approves 
     an application for a designation under this section, the 
     Administrator shall, upon the request of the State, local, or 
     Tribal government, enter into a written agreement with the 
     State, local, or Tribal government (which may be in the form 
     of a memorandum of understanding) under which the 
     Administrator may assign, and the State, local, or Tribal 
     government may assume, one or more of the responsibilities of 
     the Administrator with respect to the management of civil 
     unmanned aircraft operations within the area that has been so 
     designated.
       (b) Agreements.--
       (1) State, local, or tribal government responsibilities 
     under agreement.--If a State, local, or Tribal government 
     enters into an agreement with the Administrator under 
     subsection (a)(5), the State, local, or Tribal government 
     shall be solely responsible, and solely liable, for carrying 
     out the responsibilities assumed in the agreement until the 
     agreement is terminated.
       (2) Termination by state, local, or tribal government.--A 
     State, local, or Tribal government may terminate an agreement 
     with the Administrator under subsection (a)(5) if the State, 
     local, or Tribal government provides the Administrator 90 
     days of notice.
       (3) Termination by administrator.--The Administrator may 
     terminate an agreement with a State, local, or Tribal 
     government under subsection (a)(5) if--
       (A) the Administrator determines that the State, local, or 
     Tribal government is not adequately carrying out the 
     responsibilities assigned under the agreement; and
       (B) the Administrator provides the State, local, or Tribal 
     government with--
       (i) written notification of a determination of 
     noncompliance with the responsibilities assigned under the 
     agreement; and
       (ii) a period of not less than 180 days for the State, 
     local, or Tribal government to take such corrective actions 
     as the Administrator determines necessary to comply with the 
     responsibilities assigned under the agreement.
       (c) Complex Airspace Defined.--In this section, the term 
     ``complex airspace'' means an area of airspace that--
       (1) is at least 200 feet above ground level; and
       (2) includes one or more structures that have a height that 
     exceeds 200 feet above ground level.

     SEC. 9. IMPROVEMENTS TO PLAN FOR FULL OPERATIONAL CAPABILITY 
                   OF UNMANNED AIRCRAFT SYSTEMS TRAFFIC 
                   MANAGEMENT.

       Section 376 of the FAA Reauthorization Act of 2018 (Public 
     Law 115-254) is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(4) Permit the testing of a State, local, or Tribal 
     government's time, place, and manner restrictions within the 
     immediate reaches of airspace (as defined in section 2 of the 
     Drone Integration and Zoning Act).'';
       (2) in subsection (c)--
       (A) in paragraph (2), by striking ``industry and 
     government'' and inserting ``industry, the Federal 
     Government, and State, local, or Tribal governments'';
       (B) in paragraph (3)(G), by striking ``and'' at the end;
       (C) in paragraph (4)(C), by striking the period at the end 
     and inserting a semicolon; and
       (D) by adding at the end the following new paragraphs:
       ``(5) establish a plan for collaboration and coordination 
     with a State, local, or Tribal government's management of 
     unmanned aircraft systems within the immediate reaches of 
     airspace (as defined in section 2 of the Drone Integration 
     and Zoning Act); and
       ``(6) establish a process for the interoperability and 
     sharing of data between Federal Government, State, local, or 
     Tribal government, and private sector UTM services.'';
       (3) in subsection (d)--
       (A) in paragraph (2)(J), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(4) shall consult with State, local, and Tribal 
     governments.''; and
       (4) in subsection (g), by inserting ``and State, local, and 
     Tribal governments'' after ``Federal agencies''.

     SEC. 10. UPDATES TO RULES REGARDING SMALL UNMANNED AIRCRAFT 
                   SAFETY STANDARDS.

       Section 44805 of title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(5) ensuring that no State is prohibited from requiring 
     additional equipage for a small unmanned aircraft system so 
     long as such small unmanned aircraft system is solely 
     authorized to operate in the immediate reaches of airspace 
     (as defined in section 2 of the Drone Integration and Zoning 
     Act) and the lateral boundaries of a State.'';
       (2) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``may'' and inserting ``shall'';
       (3) in subsection (j), by striking ``may'' and inserting 
     ``shall''; and
       (4) by adding at the end the following new subsection:
       ``(k) Requirements for Accepting Risk-based Consensus 
     Safety Standards.--
       ``(1) Cost-benefit analysis.--The Administrator shall not 
     accept a risk-based consensus safety standard under 
     subsection (a)(1) unless the Administrator has first 
     conducted a cost-benefit analysis and certified that the 
     benefit of the safety standard substantially outweighs the 
     costs to the manufacturer and consumer.
       ``(2) Must be essential.--The Administrator shall not 
     accept a risk-based consensus safety standard under 
     subsection (a)(1) unless the Administrator determines that 
     the safety standard is essential for small unmanned aircraft 
     systems to operate safely in the Unmanned Traffic Management 
     (UTM) System.''.

     SEC. 11. RULES OF CONSTRUCTION.

       (a) In General.--Subject to subsection (b), nothing in this 
     Act may be construed to--
       (1) diminish or expand the preemptive effect of the 
     authority of the Federal Aviation Administration with respect 
     to manned aviation; or
       (2) affect the civil or criminal jurisdiction of--
       (A) any Indian Tribe relative to any State or local 
     government; or
       (B) any State or local government relative to any Indian 
     Tribe.
       (b) Enforcement Actions.--Nothing in subsection (a) may be 
     construed to limit the authority of the Administrator to 
     pursue enforcement actions against persons operating civil 
     unmanned aircraft systems who endanger the safety of the 
     navigable airspace, airport operations, air navigation 
     facilities, air traffic control systems, or other components 
     of the national airspace system that facilitate the safe and 
     efficient operation of civil, commercial, or military 
     aircraft within the United States.
                                 ______
                                 
  SA 2270. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S5674]]


  

        At the end of title VIII of division D, add the following:

     SEC. 408___. APPLICATION OF STATE LAW APPLICABLE TO THE USE 
                   OF MOTOR VEHICLES ON ROADS WITHIN A UNIT OF THE 
                   NATIONAL PARK SYSTEM.

       (a) In General.--Subchapter II of chapter 1015 of title 54, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 101513. State law

       ``(a) Definitions.--In this section:
       ``(1) Off-highway vehicle.--The term `off-highway vehicle' 
     shall be defined by the State in which the applicable System 
     unit is located, in accordance with the law of the State.
       ``(2) Road.--The term `road' means the main-traveled 
     surface of a roadway open to motor vehicles that is owned, 
     controlled, or otherwise administered by the Service.
       ``(b) Applicable Law.--The law of the State in which a 
     System unit is located shall apply to the use of motor 
     vehicles (including off-highway vehicles) on roads within a 
     System unit.
       ``(c) Violations.--Violating a provision of State law 
     applicable to a System unit under subsection (b) shall be 
     prohibited in the applicable System unit.''.
       (b) Clerical Amendment.--The analysis for subchapter II of 
     chapter 1015 of title 54, United States Code, is amended by 
     adding at the end the following:

``101513. State law.''.
                                 ______
                                 
  SA 2271. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. RESERVATION OF WATER RIGHTS AT NATIONAL MONUMENTS.

       Section 320301 of title 54, United States Code, is amended 
     by adding at the end the following:
       ``(e) Water Rights.--
       ``(1) No reservation of water rights.--In designating a 
     national monument under subsection (a), the President may not 
     reserve any implied or expressed water rights associated with 
     the national monument.
       ``(2) Applicable law.--Water rights associated with a 
     national monument designated under subsection (a) may be 
     acquired for the national monument only in accordance with 
     the laws of the State in which the water rights are 
     located.''.
                                 ______
                                 
  SA 2272. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike title XI of division D.
                                 ______
                                 
  SA 2273. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ______. NEPA REVIEW OF GEOTHERMAL EXPLORATION OR 
                   DEVELOPMENT ACTIVITIES.

       (a) In General.--Section 390(b) of the Energy Policy Act of 
     2005 (42 U.S.C. 15942(b)) is amended by adding at the end the 
     following:
       ``(6) Conversion of an oil or gas well to a geothermal 
     well.''.
       (b) Geothermal Steam Act of 1970.--The Geothermal Steam Act 
     of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 30. NEPA REVIEW OF GEOTHERMAL EXPLORATION OR 
                   DEVELOPMENT ACTIVITIES.

       ``(a) In General.--Action by the Secretary in managing land 
     subject to geothermal leasing under this Act with respect to 
     any of the activities described in subsection (b) shall be 
     subject to a rebuttable presumption that the use of a 
     categorical exclusion under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.) (referred to in this 
     section as `NEPA') would apply if the activity is conducted 
     pursuant to this Act for the purpose of exploration or 
     development of geothermal resources.
       ``(b) Activities Described.--The activities referred to in 
     subsection (a) are the following:
       ``(1) Individual surface disturbances of less than 5 acres, 
     on the condition that--
       ``(A) the total surface disturbance on the lease is not 
     greater than 150 acres; and
       ``(B) site-specific analysis in a document prepared 
     pursuant to NEPA has been previously completed.
       ``(2) Drilling a geothermal well at a location or well pad 
     site at which drilling has occurred during the 5-year period 
     preceding the date of spudding the well.
       ``(3) Drilling a geothermal well within a developed field 
     for which an approved land use plan or any environmental 
     document prepared pursuant to NEPA analyzed the drilling as a 
     reasonably foreseeable activity, on the condition that the 
     land use plan or environmental document was approved during 
     the 5-year period preceding the date of spudding the well.
       ``(4) Placement of a pipeline or transmission line in an 
     approved right-of-way corridor, on the condition that the 
     corridor was approved during the 5-year period preceding the 
     date of placement of the pipeline or transmission line.
       ``(5) Maintenance of a minor activity, other than any 
     construction or major renovation of a building or facility.
       ``(6) Conversion of an oil or gas well to a geothermal 
     well.''.
                                 ______
                                 
  SA 2274. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 40102 of subtitle A of title I of division D, 
     strike ``Section 404(f)(12)'' and insert the following:
       (a) In General.--Section 404(f)(12)
       In section 40102 of subtitle A of title I of division D, 
     add at the end the following:
       (b) Categorical Exclusion.--Directional drilling for the 
     undergrounding of wires shall be considered to be an action 
     categorically excluded from the requirements of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                                 ______
                                 
  SA 2275. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 40206 and insert the following:

     SEC. 40206. NATIONAL ENVIRONMENTAL POLICY ACT TIMELINES FOR 
                   PROJECTS FOR CRITICAL MINERAL EXTRACTION, 
                   RECOVERY, AND DEVELOPMENT.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. APPLICABLE TIMELINES FOR PROJECTS FOR CRITICAL 
                   MINERAL EXTRACTION, RECOVERY, AND DEVELOPMENT.

       ``(a) Definitions.--In this section:
       ``(1) Covered project.--The term `covered project' means a 
     proposed action that is a project for critical mineral 
     extraction, recovery, or development.
       ``(2) Critical mineral.--The term `critical mineral' has 
     the meaning given the term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
       ``(3) Environmental impact statement.--The term 
     `environmental impact statement' means a detailed statement 
     required under section 102(2)(C).
       ``(4) Federal agency.--The term `Federal agency' includes a 
     State that has assumed responsibility under section 327 of 
     title 23, United States Code.
       ``(5) Head of a federal agency.--The term `head of a 
     Federal agency' includes the governor or head of an 
     applicable State agency of a State that has assumed 
     responsibility under section 327 of title 23, United States 
     Code.
       ``(6) NEPA process.--
       ``(A) In general.--The term `NEPA process' means the 
     entirety of every process, analysis, or other measure, 
     including an environmental impact statement, required to be 
     carried out by a Federal agency under this title before the 
     agency undertakes a covered project.
       ``(B) Period.--For purposes of subparagraph (A), the NEPA 
     process--
       ``(i) begins on the date on which the head of a Federal 
     agency receives an application for a covered project from a 
     project sponsor; and
       ``(ii) ends on the date on which the Federal agency issues, 
     with respect to the covered project--

       ``(I) a record of decision, including, if necessary, a 
     revised record of decision;

[[Page S5675]]

       ``(II) a finding of no significant impact; or
       ``(III) a categorical exclusion under this title.

       ``(7) Project sponsor.--The term `project sponsor' means a 
     Federal agency or other entity, including a private or 
     public-private entity, that seeks approval of a covered 
     project.
       ``(b) Applicable Timelines.--
       ``(1) NEPA process.--
       ``(A) In general.--The head of a Federal agency shall 
     complete the NEPA process for a covered project under the 
     jurisdiction of the Federal agency, as described in 
     subsection (a)(6)(B)(ii), not later than 2 years after the 
     date described in subsection (a)(6)(B)(i).
       ``(B) Environmental documents.--Within the period described 
     in subparagraph (A), not later than 1 year after the date 
     described in subsection (a)(6)(B)(i), the head of the Federal 
     agency shall, with respect to the covered project--
       ``(i) issue--

       ``(I) a finding that a categorical exclusion applies to the 
     covered project; or
       ``(II) a finding of no significant impact; or

       ``(ii) publish a notice of intent to prepare an 
     environmental impact statement in the Federal Register.
       ``(C) Environmental impact statement.--If the head of a 
     Federal agency publishes a notice of intent described in 
     subparagraph (B)(ii), within the period described in 
     subparagraph (A) and not later than 1 year after the date on 
     which the head of the Federal agency publishes the notice of 
     intent, the head of the Federal agency shall complete the 
     environmental impact statement and, if necessary, any 
     supplemental environmental impact statement for the covered 
     project.
       ``(2) Authorizations and permits.--
       ``(A) In general.--Not later than 90 days after the date 
     described in subsection (a)(4)(B)(ii), the head of a Federal 
     agency shall issue--
       ``(i) any necessary permit or authorization to carry out 
     the covered project; or
       ``(ii) a denial of the permit or authorization necessary to 
     carry out the covered project.
       ``(B) Effect of failure to issue authorization or permit.--
     If a permit or authorization described in subparagraph (A) is 
     not issued or denied within the period described in that 
     subparagraph, the permit or authorization shall be considered 
     to be approved.
       ``(C) Denial of permit or authorization.--
       ``(i) In general.--If a permit or authorization described 
     in subparagraph (A) is denied, the head of the Federal agency 
     shall describe to the project sponsor--

       ``(I) the basis of the denial; and
       ``(II) recommendations for the project sponsor with respect 
     to how to address the reasons for the denial.

       ``(ii) Recommended changes.--If the project sponsor carries 
     out the recommendations of the head of the Federal agency 
     under clause (i)(II) and notifies the head of the Federal 
     agency that the recommendations have been carried out, the 
     head of the Federal agency--

       ``(I) shall decide whether to issue the permit or 
     authorization described in subparagraph (A) not later than 90 
     days after the date on which the project sponsor submitted 
     the notification; and
       ``(II) shall not carry out the NEPA process with respect to 
     the covered project again.''.

                                 ______
                                 
  SA 2276. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 999B of the Energy Policy Act of 2005 (as added 
     by section 40304(a)), strike subsection (e).
       In section 999B of the Energy Policy Act of 2005 (as added 
     by section 40304(a)), redesignate subsections (f) and (g) as 
     subsections (e) and (f), respectively.
                                 ______
                                 
  SA 2277. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 40201(e), strike paragraph (3) and insert the 
     following:
       (3) Priorities.--In carrying out paragraph (1), the 
     Initiative shall prioritize--
       (A) with regard to minerals, mineralization, and mineral 
     deposits, mapping and assessing critical minerals; and
       (B) mapping and the review of data relating to land that is 
     subject to an administrative withdrawal from mineral 
     development.
                                 ______
                                 
  SA 2278. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Strike section 40105 of subtitle A of title I of division 
     D.
                                 ______
                                 
  SA 2279. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division E, add the following:

 TITLE ___--PROJECT DELIVERY PROGRAM FOR WATER STORAGE INFRASTRUCTURE 
                                PROJECTS

     SEC. ___. PROJECT DELIVERY PROGRAM FOR WATER STORAGE 
                   INFRASTRUCTURE PROJECTS.

       Title I of the National Environmental Policy Act of 1969 is 
     amended--
       (1) by redesignating section 105 (42 U.S.C. 4335) as 
     section 106; and
       (2) by inserting after section 104 (42 U.S.C. 4334) the 
     following:

     ``SEC. 105. PROJECT DELIVERY PROGRAM FOR WATER STORAGE 
                   INFRASTRUCTURE PROJECTS.

       ``(a) Definitions.--In this section:
       ``(1) Agency program.--The term `agency program' means a 
     project delivery program established by the Secretary under 
     subsection (b)(1).
       ``(2) Covered project.--The term `covered project' means a 
     water storage infrastructure project that includes related 
     transmission infrastructure and other associated 
     infrastructure components.
       ``(3) Department.--The term `Department' means the 
     Department of the Interior.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(b) Establishment.--
       ``(1) In general.--The Secretary shall carry out a project 
     delivery program for covered projects.
       ``(2) Assumption of responsibility.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall, on request of a State, enter into a written 
     agreement with the State, which may be in the form of a 
     memorandum of understanding, in which the Secretary may 
     assign, and the State may assume, the responsibilities of the 
     Secretary under this title with respect to 1 or more covered 
     projects within the State that are under the jurisdiction of 
     the Department.
       ``(B) Exception.--The Secretary shall not enter into a 
     written agreement under subparagraph (A) if the Secretary 
     determines that the State is not in compliance with the 
     requirements described in subsection (c)(4).
       ``(C) Additional responsibility.--If a State assumes 
     responsibility under subparagraph (A)--
       ``(i) the Secretary may assign to the State, and the State 
     may assume, all or part of the responsibilities of the 
     Secretary for environmental review, consultation, or other 
     action required under any Federal environmental law 
     pertaining to the review or approval of a specific covered 
     project;
       ``(ii) at the request of the State, the Secretary may also 
     assign to the State, and the State may assume, the 
     responsibilities of the Secretary under this title with 
     respect to 1 or more covered projects within the State that 
     are under the jurisdiction of the Department; but
       ``(iii) the Secretary may not assign responsibility for any 
     conformity determination required under section 176 of the 
     Clean Air Act (42 U.S.C. 7506).
       ``(D) Procedural and substantive requirements.--A State 
     shall assume responsibility under this section subject to the 
     same procedural and substantive requirements as would apply 
     if that responsibility were carried out by the Department.
       ``(E) Federal responsibility.--Any responsibility of the 
     Department not explicitly assumed by the State by written 
     agreement under subparagraph (A) shall remain the 
     responsibility of the Department.
       ``(F) No effect on authority.--Nothing in this section 
     preempts or interferes with any power, jurisdiction, 
     responsibility, or authority of an agency, other than 
     Department, under applicable law (including regulations) with 
     respect to a covered project.
       ``(G) Preservation of flexibility.--The Secretary may not 
     require a State, as a condition of participation in the 
     agency program of the Department, to forego project delivery 
     methods that are otherwise permissible for covered projects 
     under applicable law.
       ``(H) Legal fees.--A State assuming the responsibilities of 
     the Department under this section for a specific covered 
     project may use funds awarded to the State for that

[[Page S5676]]

     project for attorneys' fees directly attributable to eligible 
     activities associated with the covered project.
       ``(c) State Participation.--
       ``(1) Participating states.--Except as provided in 
     subsection (b)(2)(B), all States are eligible to participate 
     in an agency program.
       ``(2) Application.--Not later than 270 days after the date 
     of enactment of this section, the Secretary shall amend, as 
     appropriate, regulations that establish requirements relating 
     to information required to be contained in any application of 
     a State to participate in the agency program, including, at a 
     minimum--
       ``(A) the covered projects or classes of covered projects 
     for which the State anticipates exercising the authority that 
     may be granted under the agency program;
       ``(B) verification of the financial resources necessary to 
     carry out the authority that may be granted under the agency 
     program; and
       ``(C) evidence of the notice and solicitation of public 
     comment by the State relating to participation of the State 
     in the agency program, including copies of comments received 
     from that solicitation.
       ``(3) Public notice.--
       ``(A) In general.--Each State that submits an application 
     under this subsection shall give notice of the intent of the 
     State to participate in an agency program not later than 30 
     days before the date of submission of the application.
       ``(B) Method of notice and solicitation.--The State shall 
     provide notice and solicit public comment under this 
     paragraph by publishing the complete application of the State 
     in accordance with the appropriate public notice law of the 
     State.
       ``(4) Selection criteria.--The Secretary may approve the 
     application of a State under this section only if--
       ``(A) the regulatory requirements under paragraph (2) have 
     been met;
       ``(B) the Secretary determines that the State has the 
     capability, including financial and personnel, to assume the 
     responsibility; and
       ``(C) the Secretary having primary jurisdiction over the 
     covered project enters into a written agreement with the 
     Secretary as described in subsection (d).
       ``(5) Other federal agency views.--If a State applies to 
     assume a responsibility of the Department that would have 
     required the Secretary to consult with the head of another 
     Federal agency, the Secretary shall solicit the views of the 
     head of the other Federal agency before approving the 
     application.
       ``(d) Written Agreement.--A written agreement under 
     subsection (b)(2)(A) shall--
       ``(1) be executed by the Governor or the top-ranking 
     official in the State who is charged with responsibility for 
     the covered project;
       ``(2) be in such form as the Secretary may prescribe;
       ``(3) provide that the State--
       ``(A) agrees to assume all or part of the responsibilities 
     of the Department described in subparagraphs (A) and (C) of 
     subsection (b)(2);
       ``(B) expressly consents, on behalf of the State, to accept 
     the jurisdiction of the Federal courts for the compliance, 
     discharge, and enforcement of any responsibility of the 
     Department assumed by the State;
       ``(C) certifies that State laws (including regulations) are 
     in effect that--
       ``(i) authorize the State to take the actions necessary to 
     carry out the responsibilities being assumed; and
       ``(ii) are comparable to section 552 of title 5, including 
     providing that any decision regarding the public availability 
     of a document under those State laws is reviewable by a court 
     of competent jurisdiction; and
       ``(D) agrees to maintain the financial resources necessary 
     to carry out the responsibilities being assumed;
       ``(4) require the State to provide to the Secretary any 
     information the Secretary reasonably considers necessary to 
     ensure that the State is adequately carrying out the 
     responsibilities assigned to the State;
       ``(5) have a term of not more than 5 years; and
       ``(6) be renewable.
       ``(e) Jurisdiction.--
       ``(1) In general.--The United States district courts shall 
     have exclusive jurisdiction over any civil action against a 
     State for failure to carry out any responsibility of the 
     State under this section.
       ``(2) Legal standards and requirements.--A civil action 
     under paragraph (1) shall be governed by the legal standards 
     and requirements that would apply in such a civil action 
     against the Secretary had the Secretary taken the actions in 
     question.
       ``(3) Intervention.--The Secretary shall have the right to 
     intervene in any action described in paragraph (1).
       ``(f) Effect of Assumption of Responsibility.--A State that 
     assumes responsibility under subsection (b)(2) shall be 
     solely responsible and solely liable for carrying out, in 
     lieu of and without further approval of the Secretary, the 
     responsibilities assumed under subsection (b)(2), until the 
     agency program is terminated under subsection (k).
       ``(g) Limitations on Agreements.--Nothing in this section 
     permits a State to assume any rulemaking authority of the 
     Secretary under any Federal law.
       ``(h) Audits.--
       ``(1) In general.--To ensure compliance by a State with any 
     agreement of the State under subsection (d) (including 
     compliance by the State with all Federal laws for which 
     responsibility is assumed under subsection (b)(2)), for each 
     State participating in an agency program, the Secretary 
     shall--
       ``(A) not later than 180 days after the date of execution 
     of the agreement, meet with the State to review 
     implementation of the agreement and discuss plans for the 
     first annual audit;
       ``(B) conduct annual audits during each of the first 4 
     years of State participation; and
       ``(C) ensure that the time period for completing an annual 
     audit, from initiation to completion (including public 
     comment and responses to those comments), does not exceed 180 
     days.
       ``(2) Public availability and comment.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be provided to the public for comment.
       ``(B) Response.--Not later than 60 days after the date on 
     which the period for public comment ends, the Secretary shall 
     respond to public comments received under subparagraph (A).
       ``(3) Audit team.--
       ``(A) In general.--An audit conducted under paragraph (1) 
     shall be carried out by an audit team determined by the 
     Secretary, in consultation with the State, in accordance with 
     subparagraph (B).
       ``(B) Consultation.--Consultation with the State under 
     subparagraph (A) shall include a reasonable opportunity for 
     the State to review and provide comments on the proposed 
     members of the audit team.
       ``(i) Monitoring.--After the fourth year of the 
     participation of a State in an agency program, the Secretary 
     shall monitor compliance by the State with the written 
     agreement, including the provision by the State of financial 
     resources to carry out the written agreement.
       ``(j) Report to Congress.--The Secretary shall submit to 
     Congress an annual report that describes the administration 
     of the agency program.
       ``(k) Termination.--
       ``(1) Termination by department.--The Secretary may 
     terminate the participation of any State in the agency 
     program of the Department if--
       ``(A) the Secretary determines that the State is not 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(B) the Secretary provides to the State--
       ``(i) a notification of the determination of noncompliance;
       ``(ii) a period of not less than 120 days to take such 
     corrective action as the Secretary determines to be necessary 
     to comply with the applicable agreement; and
       ``(iii) on request of the Governor of the State, a detailed 
     description of each responsibility in need of corrective 
     action regarding an inadequacy identified under subparagraph 
     (A); and
       ``(C) the State, after the notification and period provided 
     under subparagraph (B), fails to take satisfactory corrective 
     action, as determined by the Secretary.
       ``(2) Termination by the state.--A State may terminate the 
     participation of the State in an agency program at any time 
     by providing to the Secretary a notice by not later than the 
     date that is 90 days before the date of termination, and 
     subject to such terms and conditions as the Secretary may 
     provide.
       ``(l) Capacity Building.--The Secretary, in cooperation 
     with representatives of State officials, may carry out 
     education, training, peer-exchange, and other initiatives as 
     appropriate--
       ``(1) to assist States in developing the capacity to 
     participate in the agency program of the Department; and
       ``(2) to promote information sharing and collaboration 
     among States that are participating in the agency program of 
     the Department.
       ``(m) Relationship to Locally Administered Covered 
     Projects.--A State granted authority under an agency program 
     may, as appropriate and at the request of a local 
     government--
       ``(1) exercise that authority on behalf of the local 
     government for a locally administered covered project; or
       ``(2) provide guidance and training on consolidating and 
     minimizing the documentation and environmental analyses 
     necessary for sponsors of a locally administered covered 
     project to comply with this title and any comparable 
     requirements under State law.''.
                                 ______
                                 
  SA 2280. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. DROUGHT AS AN ELIGIBLE CAUSE OF LOSS UNDER THE 
                   LIVESTOCK INDEMNITY PROGRAM.

       Section 1501(b)(1)(B) of the Agricultural Act of 2014 (7 
     U.S.C. 9081(b)(1)(B)) is amended by inserting ``drought,'' 
     after ``extreme heat,''.
                                 ______
                                 
  SA 2281. Mr. DAINES submitted an amendment intended to be proposed to

[[Page S5677]]

amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division A, insert the 
     following:

     SEC. ___. COVERED PROJECTS UNDER TITLE XLI OF THE FAST ACT.

       Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) 
     is amended, in the matter preceding clause (i), by inserting 
     ``critical minerals production,'' before ``or any other 
     sector''.
                                 ______
                                 
  SA 2282. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. ___. REPORTS.

       The ACCESS BROADBAND Act (section 903 of division FF of 
     Public Law 116-260) is amended--
       (1) in subsection (c)(2), by striking subparagraph (C);
       (2) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (3) by inserting after subsection (f) the following:
       ``(g) Reports.--
       ``(1) Office reports.--
       ``(A) Annual report on tracking of federal dollars.--Not 
     later than 1 year after the date of enactment of this Act, 
     and annually thereafter, the Office shall make public on the 
     website of the Office and submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report on the following, with respect to 
     the year covered by the report:
       ``(i) The number of households, businesses, and other 
     institutions in the United States that received broadband as 
     the result of Federal broadband support programs and the 
     Universal Service Fund Programs.
       ``(ii) A description of how many households, businesses, 
     and other institutions in the United States were provided 
     broadband by which universal service mechanism or which 
     Federal broadband support program.
       ``(B) Retrospective report.--Not later than 1 year after 
     the date of enactment of this Act, the Office shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Energy and Commerce of the House of 
     Representatives, and the Comptroller General of the United 
     States a report that--
       ``(i) details, for fiscal years 2011 through 2021, the 
     total amount of support provided under Federal broadband 
     support programs and the Universal Service Fund programs, 
     which shall include specificity regarding--

       ``(I) for that period, how much support has been provided 
     under each Federal broadband support program and each 
     Universal Service Fund Program; and
       ``(II) the program standards with respect to each Federal 
     broadband support program and each Universal Service Fund 
     Program; and

       ``(ii) with respect to the copy of the report submitted to 
     the Comptroller General of the United States, in order to 
     facilitate the report required under paragraph (2), includes 
     an appendix containing detailed information for, during the 
     period described in clause (i), each award, grant, project, 
     loan, or other funding mechanism under each Federal broadband 
     support program and each Universal Service Fund Program.
       ``(2) GAO report.--Not later than 18 months after the date 
     on which the Office submits the report required under 
     paragraph (1)(B), the Comptroller General of the United 
     States shall, to the extent possible in consideration of the 
     information made available by the Office under paragraph (1) 
     (and by other Federal agencies with respect to other reports 
     required to be submitted or published by the Comptroller 
     General), submit to Congress a report that examines all 
     Federal broadband support programs and Universal Service Fund 
     Programs, which shall address the following:
       ``(A) The direct impact that funding Federal broadband 
     support programs and Universal Service Fund Programs has had 
     on increases in broadband access.
       ``(B) The relationship between--
       ``(i) the amount of funding made available to Federal 
     broadband support programs and Universal Service Fund 
     Programs; and
       ``(ii) the increase in the number of residences, 
     businesses, and other institutions in the United States that 
     have access to broadband.
       ``(C) With respect to support provided under Federal 
     broadband support programs and Universal Service Fund 
     Programs during the period described in paragraph (1)(B), the 
     amount of that support that was used to upgrade existing 
     broadband service, as compared to the amount of that support 
     that was used to provide new broadband service.
       ``(D) The extent to which support is distributed under 
     Federal broadband support programs and Universal Service Fund 
     Programs in rural areas and urban areas, as those terms are 
     defined by the Department of Agriculture.
       ``(E) The extent to which any support provided under any 
     Federal broadband support program or Universal Service Fund 
     Program has been used to overbuild an area that--
       ``(i) already has access to broadband; or
       ``(ii) has received support for broadband deployment under 
     another Federal broadband support program or Universal 
     Service Fund Program.''.
                                 ______
                                 
  SA 2283. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. 90___. OIL AND NATURAL GAS AND WIND LEASING.

       (a) In General.--The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall immediately 
     resume oil and gas lease sales in compliance with the 
     preliminary injunction of the United States District Court 
     for the Western District of Louisiana in State of Louisiana 
     v. Joseph R. Biden, Jr., No. 2:21-CV-00778 (W.D. La.).
       (b) Offshore Leasing.--
       (1) Gulf of mexico region annual lease sales.--
     Notwithstanding any other provision of law, beginning in 
     fiscal year 2022, the Secretary shall hold a minimum of 2 
     region-wide oil and natural gas lease sales annually in the 
     Gulf of Mexico Region of the outer Continental Shelf, each of 
     which shall include areas in--
       (A) the Central Gulf of Mexico Planning Area; and
       (B) the Western Gulf of Mexico Planning Area.
       (2) Alaska region annual lease sales.--Notwithstanding any 
     other provision of law, beginning in fiscal year 2022, the 
     Secretary shall hold a minimum of 2 region-wide oil and 
     natural gas lease sales annually in the Alaska Region of the 
     outer Continental Shelf, as described the 2017-2022 Outer 
     Continental Shelf Oil and Gas Leasing Proposed Final Program 
     (November 2016).
       (3) Atlantic region and pacific region annual lease 
     sales.--The Secretary shall immediately review and make 
     proposals for the offshore wind leasing program for the 
     Atlantic and Pacific Regions of the outer Continental Shelf 
     in order to reach the goal of holding a minimum of 2 region-
     wide wind lease sales annually in each of the Atlantic and 
     Pacific Regions of the outer Continental Shelf.
       (c) Onshore Lease Sales.--
       (1) In general.--Notwithstanding any other provision of 
     law, in accordance with the Mineral Leasing Act (30 U.S.C. 
     181 et seq.), beginning in fiscal year 2022, the Secretary 
     shall hold a minimum of 4 oil and natural gas lease sales 
     annually in each of the following States:
       (A) Wyoming.
       (B) New Mexico.
       (C) Colorado.
       (D) Utah.
       (E) Montana.
       (F) North Dakota.
       (G) Oklahoma.
       (H) Nevada.
       (2) Requirement.--In holding a lease sale under paragraph 
     (1) in a State described in that paragraph, the Secretary 
     shall offer all parcels eligible for oil and gas development 
     under the resource management plan in effect for the State.
                                 ______
                                 
  SA 2284. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 201, strike line 13 and insert the following:
       (1) in subsection (b)--
       (A) by striking ``(b) The geometric'' and inserting the 
     following:
       ``(b) Design Criteria for the Interstate System.--The 
     geometric''; and
       (B) in the second sentence, by striking ``the types and 
     volumes of traffic anticipated for such project for the 
     twenty-year period commencing on the date of approval by the 
     Secretary, under section 106 of this title, of the plans, 
     specifications, and estimates for

[[Page S5678]]

     actual construction of such project'' and inserting ``the 
     existing and future operational performance of the 
     facility'';
       (2) in subsection (d)--
       On page 202, line 5, strike ``(2)'' and insert ``(3)''.
       On page 202, line 23, strike ``(3)'' and insert ``(4)''.
                                 ______
                                 
  SA 2285. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division C, insert the 
     following:

     SEC. 3____. PROHIBITION ON USE OF FUNDS TO PURCHASE ZERO 
                   EMISSIONS OR LOW EMISSIONS BUSES OR FERRIES 
                   MANUFACTURED IN THE PEOPLE'S REPUBLIC OF CHINA.

       Notwithstanding any other provision of law, none of the 
     amounts made available under this Act (including any division 
     of this Act) may be used to purchase a zero emissions bus, 
     low emissions bus, zero emissions ferry, or low emissions 
     ferry that is manufactured in, or the components of which are 
     manufactured in, the People's Republic of China.
                                 ______
                                 
  SA 2286. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        Strike section 90001 and insert the following:

     SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH 
                   FISCAL YEAR 2031.

       Section 251A(6)(B) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended, in 
     the matter preceding clause (i), by striking ``2030'' and 
     inserting ``2031''.
                                 ______
                                 
  SA 2287. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON FEDERAL PURCHASE OF ZERO EMISSIONS 
                   VEHICLES MANUFACTURED IN THE PEOPLE'S REPUBLIC 
                   OF CHINA.

       Notwithstanding any other provision of law, the Federal 
     Government may not purchase any zero emissions vehicle that 
     is manufactured in, or the components of which are 
     manufactured in, the People's Republic of China.
                                 ______
                                 
  SA 2288. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division H, insert the 
     following:

     SEC. ___. FEDERAL HIGHWAY USER FEE ON ALTERNATIVE FUEL 
                   VEHICLES.

       (a) Imposition of Fee.--
       (1) In general.--Subtitle D of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     chapter:

        ``CHAPTER 50A--ALTERNATIVE FUEL VEHICLE HIGHWAY USER FEE

``Sec. 5000D. Alternative fuel vehicle highway user fee.

     ``SEC. 5000D. ALTERNATIVE FUEL VEHICLE HIGHWAY USER FEE.

       ``(a) In General.--There is imposed a user fee on any 
     alternative fuel vehicle used in the United States during the 
     taxable year.
       ``(b) Rate of Fee.--
       ``(1) In general.--The fee imposed under subsection (a) 
     with respect to any alternative fuel vehicle shall be the 
     product of--
       ``(A) the average gallons of fuel consumption per vehicle 
     for motor vehicles in the same category as such alternative 
     fuel vehicle, multiplied by
       ``(B)(i) in the case of an alternative fuel vehicle in a 
     category of vehicles which are ordinarily powered by 
     gasoline, the rate of tax under section 4081(a)(2)(A)(i) in 
     effect for the first day of the calendar year, and
       ``(ii) in the case of an alternative fuel vehicle in a 
     category of vehicles which are ordinarily powered by diesel 
     fuel, the rate of tax under section 4081(a)(2)(A)(iii) in 
     effect for the first day of the calendar year.
       ``(2) Categories of vehicles.--
       ``(A) In general.--For purposes of this subsection, the 
     Secretary, in consultation with the Secretary of 
     Transportation, shall--
       ``(i) establish categories of similar motor vehicles for 
     purposes of administering this section, and
       ``(ii) assign all motor vehicles that are commonly sold in 
     the United States to one of the categories established under 
     clause (i).
       ``(B) Criteria.--In establishing the categories under 
     subparagraph (A)(i) and assigning motor vehicles to such 
     categories under subparagraph (A)(ii), the Secretary shall 
     consider--
       ``(i) gross vehicle weight rating,
       ``(ii) the number of wheels of the vehicle,
       ``(iii) the common use of the vehicle,
       ``(iv) whether comparable vehicles are ordinarily powered 
     by gasoline or diesel fuel, and
       ``(v) such other factors as the Secretary, in consultation 
     with the Secretary of Transportation, deems relevant.
       ``(3) Average gallons of fuel consumption.--For purposes of 
     this subsection, the average gallons of fuel consumption for 
     each category of motor vehicles--
       ``(A) shall be determined by the Secretary, in consultation 
     with the Secretary of Transportation, taking into account 
     only the motor vehicles in such category that are not 
     alternative fuel vehicles, and
       ``(B) shall be updated annually.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Alternative fuel vehicle.--
       ``(A) In general.--The term `alternative fuel vehicle' 
     means any plug-in electric vehicle, any fuel cell electric 
     vehicle, or any other alternative fuel vehicle.
       ``(B) Plug-in electric vehicle.--The term `plug-in electric 
     vehicle' means a motor vehicle which is propelled to a 
     significant extent by an electric motor which draws 
     electricity from a battery which--
       ``(i) has a capacity of not less than 4 kilowatt hours, and
       ``(ii) is capable of being recharged from an external 
     source of electricity.
       ``(C) Fuel cell electric vehicle.--The term `fuel cell 
     electric vehicle' means a motor vehicle which is propelled to 
     a significant extent by an electric motor which draws 
     electricity from hydrogen converted to electricity by a fuel 
     cell.
       ``(D) Other alternative fuel vehicle.--The term `other 
     alternative fuel vehicle' means a motor vehicle (other than a 
     plug-in electric vehicle or a fuel cell electric vehicle) 
     which is propelled to a significant extent by an electric 
     motor which draws power from any source that is not subject 
     to tax under section 4041 or 4081 (determined without regard 
     to any exemption for a specific use).
       ``(2) Motor vehicle.--The term `motor vehicle' means any 
     vehicle which is manufactured primarily for use on public 
     streets, roads, and highways (not including a vehicle 
     operated exclusively on a rail or rails).
       ``(d) Liability.--The fee imposed under this section shall 
     be paid by the person who owns the alternative fuel vehicle.
       ``(e) Administration and Procedure.--
       ``(1) In general.--The fee imposed under this section shall 
     be paid upon notice and demand by the Secretary, and shall be 
     assessed and collected in the same manner as taxes. Except as 
     otherwise provided, any reference in this title to `tax' 
     imposed by this title shall be deemed also to refer to the 
     fee provided by this section.
       ``(2) Time at which fee collected.--Any fee due under this 
     section shall be included with a taxpayer's return under 
     chapter 1 for the taxable year.''.
       (2) Clerical amendment.--The table of chapters for subtitle 
     D of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

      ``Chapter 50A--Alternative Fuel Vehicle Highway User Fee''.

       (b) Transfers of Fees to Highway Trust Fund.--Section 
     9503(b)(1) of the Internal Revenue Code of 1986 is amended--
       (1) by inserting ``and fees'' after ``the taxes'', and
       (2) by striking ``and'' at the end of subparagraph (D), by 
     striking the period at the end of subparagraph (E) and 
     inserting ``, and'', and by inserting after subparagraph (E) 
     the following new subparagraph:
       ``(F) section 5000D (relating to alternative fuel vehicle 
     highway user fee).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this section.
                                 ______
                                 
  SA 2289. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division H, insert the 
     following:

[[Page S5679]]

  


     SEC. __. TERMINATION AND REPEAL OF CREDIT FOR NEW QUALIFIED 
                   PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.

       (a) Termination.--Section 30D of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(h) Termination.--Notwithstanding any of the preceding 
     provisions of this section, this section shall not apply to 
     vehicles placed in service after the date that is 30 days 
     after the date of the enactment of this subsection.''.
       (b) Repeal.--
       (1) In general.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     striking section 30D (and by striking the item relating to 
     such section in the table of sections for such subpart).
       (2) Conforming amendments.--
       (A) Section 38(b) of the Internal Revenue Code of 1986 is 
     amended by striking paragraph (30).
       (B) Section 1016(a) of such Code is amended by striking 
     paragraph (37).
       (C) Section 6501(m) of such Code is amended by striking 
     ``30D(e)(4),''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after the date that is 
     1 year and 30 days after the date of the enactment of this 
     Act.

     SEC. __. FEDERAL HIGHWAY USER FEE ON ALTERNATIVE FUEL 
                   VEHICLES.

       (a) Imposition of Fee.--
       (1) In general.--Subtitle D of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     chapter:

        ``CHAPTER 50A--ALTERNATIVE FUEL VEHICLE HIGHWAY USER FEE

``Sec. 5000D. Alternative fuel vehicle highway user fee.

     ``SEC. 5000D. ALTERNATIVE FUEL VEHICLE HIGHWAY USER FEE.

       ``(a) In General.--There is imposed a user fee on any 
     alternative fuel vehicle used in the United States during the 
     taxable year.
       ``(b) Rate of Fee.--
       ``(1) In general.--The fee imposed under subsection (a) 
     with respect to any alternative fuel vehicle shall be the 
     product of--
       ``(A) the average gallons of fuel consumption per vehicle 
     for motor vehicles in the same category as such alternative 
     fuel vehicle, multiplied by
       ``(B)(i) in the case of an alternative fuel vehicle in a 
     category of vehicles which are ordinarily powered by 
     gasoline, the rate of tax under section 4081(a)(2)(A)(i) in 
     effect for the first day of the calendar year, and
       ``(ii) in the case of an alternative fuel vehicle in a 
     category of vehicles which are ordinarily powered by diesel 
     fuel, the rate of tax under section 4081(a)(2)(A)(iii) in 
     effect for the first day of the calendar year.
       ``(2) Categories of vehicles.--
       ``(A) In general.--For purposes of this subsection, the 
     Secretary, in consultation with the Secretary of 
     Transportation, shall--
       ``(i) establish categories of similar motor vehicles for 
     purposes of administering this section, and
       ``(ii) assign all motor vehicles that are commonly sold in 
     the United States to one of the categories established under 
     clause (i).
       ``(B) Criteria.--In establishing the categories under 
     subparagraph (A)(i) and assigning motor vehicles to such 
     categories under subparagraph (A)(ii), the Secretary shall 
     consider--
       ``(i) gross vehicle weight rating,
       ``(ii) the number of wheels of the vehicle,
       ``(iii) the common use of the vehicle,
       ``(iv) whether comparable vehicles are ordinarily powered 
     by gasoline or diesel fuel, and
       ``(v) such other factors as the Secretary, in consultation 
     with the Secretary of Transportation, deems relevant.
       ``(3) Average gallons of fuel consumption.--For purposes of 
     this subsection, the average gallons of fuel consumption for 
     each category of motor vehicles--
       ``(A) shall be determined by the Secretary, in consultation 
     with the Secretary of Transportation, taking into account 
     only the motor vehicles in such category that are not 
     alternative fuel vehicles, and
       ``(B) shall be updated annually.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Alternative fuel vehicle.--
       ``(A) In general.--The term `alternative fuel vehicle' 
     means any plug-in electric vehicle, any fuel cell electric 
     vehicle, or any other alternative fuel vehicle.
       ``(B) Plug-in electric vehicle.--The term `plug-in electric 
     vehicle' means a motor vehicle which is propelled to a 
     significant extent by an electric motor which draws 
     electricity from a battery which--
       ``(i) has a capacity of not less than 4 kilowatt hours, and
       ``(ii) is capable of being recharged from an external 
     source of electricity.
       ``(C) Fuel cell electric vehicle.--The term `fuel cell 
     electric vehicle' means a motor vehicle which is propelled to 
     a significant extent by an electric motor which draws 
     electricity from hydrogen converted to electricity by a fuel 
     cell.
       ``(D) Other alternative fuel vehicle.--The term `other 
     alternative fuel vehicle' means a motor vehicle (other than a 
     plug-in electric vehicle or a fuel cell electric vehicle) 
     which is propelled to a significant extent by an electric 
     motor which draws power from any source that is not subject 
     to tax under section 4041 or 4081 (determined without regard 
     to any exemption for a specific use).
       ``(2) Motor vehicle.--The term `motor vehicle' means any 
     vehicle which is manufactured primarily for use on public 
     streets, roads, and highways (not including a vehicle 
     operated exclusively on a rail or rails).
       ``(d) Liability.--The fee imposed under this section shall 
     be paid by the person who owns the alternative fuel vehicle.
       ``(e) Administration and Procedure.--
       ``(1) In general.--The fee imposed under this section shall 
     be paid upon notice and demand by the Secretary, and shall be 
     assessed and collected in the same manner as taxes. Except as 
     otherwise provided, any reference in this title to `tax' 
     imposed by this title shall be deemed also to refer to the 
     fee provided by this section.
       ``(2) Time at which fee collected.--Any fee due under this 
     section shall be included with a taxpayer's return under 
     chapter 1 for the taxable year.''.
       (2) Clerical amendment.--The table of chapters for subtitle 
     D of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

      ``Chapter 50A--Alternative Fuel Vehicle Highway User Fee''.

       (b) Transfers of Fees to Highway Trust Fund.--Section 
     9503(b)(1) of the Internal Revenue Code of 1986 is amended--
       (1) by inserting ``and fees'' after ``the taxes'', and
       (2) by striking ``and'' at the end of subparagraph (D), by 
     striking the period at the end of subparagraph (E) and 
     inserting ``, and'', and by inserting after subparagraph (E) 
     the following new subparagraph:
       ``(F) section 5000D (relating to alternative fuel vehicle 
     highway user fee).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this section.
                                 ______
                                 
  SA 2290. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of division I, add the following:

     SEC. 9_____. RESCISSION.

       Notwithstanding any other provision of law, including any 
     provision of any division of this Act or an amendment made by 
     any division of this Act, of the amounts made available by 
     the American Rescue Plan Act of 2021 (Public Law 117-2; 135 
     Stat. 4) (including any amendments made by that Act), except 
     for amounts made available under subtitle D, E, F, G, or H of 
     title II of that Act (or an amendment made by any such 
     subtitle), and remaining unobligated on the date of enactment 
     of this Act, an amount equal to the total amount authorized 
     to be appropriated under this Act (including any amendments 
     made by this Act) from the general fund of the Treasury (or, 
     if the full amount is not unobligated on that date, the 
     portion of that amount that remains unobligated) is 
     rescinded.
                                 ______
                                 
  SA 2291. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        In section 40107, strike subsection (b) and insert the 
     following:
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary--
       (1) to carry out the Smart Grid Investment Matching Grant 
     Program established under section 1306(a) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17386(a)) 
     $1,500,000,000 for fiscal year 2022, to remain available 
     through September 30, 2026; and
       (2) to carry out a grant program to install ethanol blender 
     pump infrastructure $1,500,000,000 for fiscal year 2022, to 
     remain available through September 30, 2026.
                                 ______
                                 
  SA 2292. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title XII of division D, 
     insert the following:

     SEC. 412__. PROHIBITION ON FEES OR PENALTIES ON ENERGY 
                   FACILITIES.

       No Federal agency may impose any new fee or penalty on 
     energy facilities if the imposition of the fee or penalty 
     would result in

[[Page S5680]]

     higher energy prices for taxpayers or small businesses in the 
     United States.
                                 ______
                                 
  SA 2293. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title V of division B, add following:

     SEC. 25028. STUDY ON ELECTRIC VEHICLE EMISSIONS.

       The Secretary of Energy or a National Laboratory shall 
     conduct a study on the emissions of the full lifecycle of an 
     electric vehicle, from battery production to disposal, 
     including--
       (1) the emissions associated with the electricity generated 
     to power the vehicle throughout its life;
       (2) the critical minerals used in the batteries; and
       (3) the mineral refining and transport.
                                 ______
                                 
  SA 2294. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title V of division B, add following:

     SEC. 25028. STUDY ON ELECTRIC VEHICLE EMISSIONS.

       The Secretary of Energy or a National Laboratory shall 
     conduct a study on the emissions of the full lifecycle of an 
     electric vehicle, from battery production to disposal, 
     including--
       (1) the emissions associated with the electricity generated 
     to power the vehicle throughout its life;
       (2) the critical minerals used in the batteries; and
       (3) the mineral refining and transport.
                                 ______
                                 
  SA 2295. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        On page 502, between lines 12 and 13, insert the 
     following:

     SEC. 12002. TIFIA NON-FEDERAL SHARE.

       Section 603(b) of title 23, United States Code, is amended 
     by striking paragraph (8) and inserting the following:
       ``(8) Non-federal share.--Notwithstanding paragraph (9) and 
     section 117(j)(2), the proceeds of a secured loan under the 
     TIFIA program shall be considered to be part of the non-
     Federal share of project costs required under this title or 
     chapter 53 of title 49, if the loan is repayable from non-
     Federal funds.''.

       Beginning on page 684, strike line 22 and all that follows 
     through page 685, line 2, and insert the following:
       ``(n) Non-Federal Share.--The proceeds of a secured loan 
     provided under this section shall be considered to be part of 
     the non-Federal share of project costs required under this 
     title, if the loan is repayable from non-Federal funds.''.
                                 ______
                                 
  SA 2296. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place in division B, insert the 
     following:

     SEC. _____. TRANSPORTATION OF HORSES.

       Section 80502 of title 49, United States Code, is amended--
       (1) in subsection (c), by striking ``This section does 
     not'' and inserting ``Subsections (a) and (b) shall not'';
       (2) by redesignating subsection (d) as subsection (e);
       (3) by inserting after subsection (c) the following:
       ``(d) Transportation of Equines.--
       ``(1) Definitions.--In this subsection:
       ``(A) Equine.--The term `equine' means any member of the 
     Equidae family.
       ``(B) Motor vehicle.--
       ``(i) In general.--The term `motor vehicle' means a vehicle 
     driven or drawn by mechanical power and manufactured 
     primarily for use on public highways.
       ``(ii) Exclusion.--The term `motor vehicle' does not 
     include a vehicle operated exclusively on 1 or more rails.
       ``(C) State.--The term `State' means--
       ``(i) a State;
       ``(ii) the District of Columbia; and
       ``(iii) a territory or possession of the United States.
       ``(2) Prohibition.--No person may transport, or cause to be 
     transported, an equine from a place in a State through or to 
     a place in another State or a place that is under the 
     sovereignty of a government that is not the United States--
       ``(A) in a motor vehicle containing 2 or more levels 
     stacked on top of each other; or
       ``(B) if the person has reason to believe that the equine 
     may be slaughtered for human consumption.''; and
       (4) in subsection (e) (as so redesignated)--
       (A) in the second sentence, by striking ``On learning of a 
     violation,'' and inserting the following:
       ``(3) Civil action.--On learning of a violation of any 
     provision of this section,'';
       (B) in the first sentence--
       (i) by striking ``this section'' and inserting ``subsection 
     (a) or (b)''; and
       (ii) by striking ``A rail carrier'' and inserting the 
     following:
       ``(1) In general.--A rail carrier''; and
       (C) by inserting after paragraph (1) (as so designated) the 
     following:
       ``(2) Transportation of equines.--
       ``(A) In general.--A person that knowingly violates 
     subsection (d) is liable to the United States Government for 
     a civil penalty of at least $100, but not more than $500, for 
     each violation.
       ``(B) Clarification.--A separate violation of subsection 
     (d) occurs for each equine that is transported, or caused to 
     be transported, in violation of that subsection.
       ``(C) Relationship to other laws.--A penalty imposed under 
     subparagraph (A) shall be in addition to any penalty or 
     remedy available under any other law.''.
                                 ______
                                 
  SA 2297. Mrs. BLACKBURN (for herself and Mr. Hagerty) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 408, strike lines 18 and 19 and insert the 
     following:
     Union'';
       (3) in subparagraph (K)--
       (A) by inserting ``Hickman, Houston, Humphries,'' after 
     ``Hawkins,''; and
       (B) by inserting ``Perry,'' after ``Overton,''; and
       (4) in subparagraph (M), by inserting ``, of
                                 ______
                                 
  SA 2298. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of section 40434 of division D, insert the 
     following:
       (c) Requirement.--If the report submitted under subsection 
     (b)(2) contains findings that state that the cancellation of 
     the permit for the Keystone XL Pipeline resulted in numerous 
     job losses and an impact on consumer energy costs, the 
     President shall revoke the Executive Order.
                                 ______
                                 
  SA 2299. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema 
(for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        On page 2437, between lines 18 and 19, insert the 
     following:
       (e) Prohibition on the Use of the Digital Yuan.--
       (1) Definitions.--In this subsection--
       (A) the term ``digital yuan'' means the digital currency of 
     the Peoples Bank of China, or any successor digital currency 
     of the People's Republic of China;
       (B) the term ``executive agency'' has the meaning given 
     that term in section 133 of title 41, United States Code; and

[[Page S5681]]

       (C) the term ``information technology'' has the meaning 
     given that term in section 11101 of title 40, United States 
     Code.
       (2) Prohibition on the use of digital yuan.--
       (A) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget, in consultation with the Administrator 
     of General Services, the Director of the Cybersecurity and 
     Infrastructure Security Agency, the Director of National 
     Intelligence, and the Secretary of Defense, and consistent 
     with the information security requirements under subchapter 
     II of chapter 35 of title 44, United States Code, shall 
     develop standards and guidelines for executive agencies 
     requiring the removal of any digital yuan from information 
     technology.
       (B) National security and research exceptions.--The 
     standards and guidelines developed under subparagraph (A) 
     shall include--
       (i) exceptions for law enforcement activities, national 
     security interests and activities, and security researchers; 
     and
       (ii) for any authorized use of digital yuan under an 
     exception, requirements for agencies to develop and document 
     risk mitigation actions for such use.
                                 ______
                                 
  SA 2300. Mr. CRUZ (for himself and Mr. Warnock) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 440, strike line 19 and all that follows 
     through page 443, line 14, and insert the following:
       (a) High Priority Corridors.--Section 1105(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 105 Stat. 2032; 133 Stat. 3018) is 
     amended--
       (1) by striking paragraph (84) and inserting the following:
       ``(84) The Central Texas Corridor, including the route--
       ``(A) commencing in the vicinity of Texas Highway 338 in 
     Odessa, Texas, running eastward generally following 
     Interstate Route 20, connecting to Texas Highway 158 in the 
     vicinity of Midland, Texas, then following Texas Highway 158 
     eastward to United States Route 87 and then following United 
     States Route 87 southeastward, passing in the vicinity of San 
     Angelo, Texas, and connecting to United States Route 190 in 
     the vicinity of Brady, Texas;
       ``(B) commencing at the intersection of Interstate Route 10 
     and United States Route 190 in Pecos County, Texas, and 
     following United States Route 190 to Brady, Texas;
       ``(C) following portions of United States Route 190 
     eastward, passing in the vicinity of Fort Hood, Killeen, 
     Belton, Temple, Bryan, College Station, Huntsville, 
     Livingston, Woodville, and Jasper, to the logical terminus of 
     Texas Highway 63 at the Sabine River Bridge at Burrs Crossing 
     and including a loop generally encircling Bryan/College 
     Station, Texas;
       ``(D) following United States Route 83 southward from the 
     vicinity of Eden, Texas, to a logical connection to 
     Interstate Route 10 at Junction, Texas;
       ``(E) following United States Route 69 from Interstate 
     Route 10 in Beaumont, Texas, north to United States Route 190 
     in the vicinity of Woodville, Texas;
       ``(F) following United States Route 96 from Interstate 
     Route 10 in Beaumont, Texas, north to United States Route 190 
     in the vicinity of Jasper, Texas; and
       ``(G) following United States Route 190, State Highway 305, 
     and United States Route 385 from Interstate Route 10 in Pecos 
     County, Texas, to Interstate 20 at Odessa, Texas.''; and
       (2) by adding at the end the following:
       ``(92) United States Route 421 from the interchange with 
     Interstate Route 85 in Greensboro, North Carolina, to the 
     interchange with Interstate Route 95 in Dunn, North Carolina.
       ``(93) The South Mississippi Corridor from the Louisiana 
     and Mississippi border near Natchez, Mississippi, to 
     Gulfport, Mississippi, shall generally follow--
       ``(A) United States Route 84 from the Louisiana border at 
     the Mississippi River passing in the vicinity of Natchez, 
     Brookhaven, Monticello, Prentiss, and Collins, Mississippi, 
     to the logical terminus with Interstate Route 59 in the 
     vicinity of Laurel, Mississippi, and continuing on Interstate 
     Route 59 south to the vicinity of Hattiesburg, Mississippi; 
     and
       ``(B) United States Route 49 from the vicinity of 
     Hattiesburg, Mississippi, south to Interstate Route 10 in the 
     vicinity of Gulfport, Mississippi, following Mississippi 
     Route 601 south and terminating near the Mississippi State 
     Port at Gulfport.
       ``(94) The Kosciusko to Gulf Coast corridor commencing at 
     the logical terminus of Interstate Route 55 near Vaiden, 
     Mississippi, running south and passing east of the vicinity 
     of the Jackson Urbanized Area, connecting to United States 
     Route 49 north of Hattiesburg, Mississippi, and generally 
     following United States Route 49 to a logical connection with 
     Interstate Route 10 in the vicinity of Gulfport, Mississippi.
       ``(95) The Interstate Route 22 spur from the vicinity of 
     Tupelo, Mississippi, running south generally along United 
     States Route 45 to the vicinity of Shannon, Mississippi.
       ``(96) The route that generally follows United States Route 
     412 from its intersection with Interstate Route 35 in Noble 
     County, Oklahoma, passing through Tulsa, Oklahoma, to its 
     intersection with Interstate Route 49 in Springdale, 
     Arkansas.
       ``(97) The Louie B. Nunn Cumberland Expressway from the 
     interchange with Interstate Route 65 in Barren County, 
     Kentucky, east to the interchange with United States Highway 
     27 in Somerset, Kentucky.
       ``(98) The route that generally follows State Route 7 from 
     Grenada, Mississippi, to Holly Springs, Mississippi, passing 
     in the vicinity of Coffeeville, Water Valley, Oxford, and 
     Abbeville, Mississippi, to its logical connection with 
     Interstate Route 22 in the vicinity of Holly Springs, 
     Mississippi.
       ``(99) The Central Louisiana Corridor commencing at the 
     logical terminus of Louisiana Highway 8 at the Sabine River 
     Bridge at Burrs Crossing and generally following portions of 
     Louisiana Highway 8 to Leesville, Louisiana, and then 
     eastward on Louisiana Highway 28, passing in the vicinity of 
     Alexandria, Pineville, Walters, and Archie, to the logical 
     terminus of United States Route 84 at the Mississippi River 
     Bridge at Vidalia, Louisiana.
       ``(100) The Central Mississippi Corridor, including the 
     route--
       ``(A) commencing at the logical terminus of United States 
     Route 84 at the Mississippi River and then generally 
     following portions of United States Route 84 passing in the 
     vicinity of Natchez, Brookhaven, Monticello, Prentiss, and 
     Collins, to Interstate Route 59 in the vicinity of Laurel, 
     Mississippi, and continuing on Interstate Route 59 north to 
     Interstate Route 20 and on Interstate Route 20 to the 
     Mississippi-Alabama State border; and
       ``(B) commencing in the vicinity of Laurel, Mississippi, 
     running south on Interstate Route 59 to United States Route 
     98 in the vicinity of Hattiesburg, connecting to United 
     States Route 49 south then following United States Route 49 
     south to Interstate Route 10 in the vicinity of Gulfport and 
     following Mississippi Route 601 southerly terminating near 
     the Mississippi State Port at Gulfport.
       ``(101) The Middle Alabama Corridor including the route--
       ``(A) beginning at the Alabama-Mississippi border generally 
     following portions of I-20 until following a new interstate 
     extension paralleling United States Highway 80, 
     specifically--
       ``(B) crossing Alabama Route 28 near Coatopa, Alabama, 
     traveling eastward crossing United States Highway 43 and 
     Alabama Route 69 near Selma, Alabama, traveling eastwards 
     closely paralleling United States Highway 80 to the south 
     crossing over Alabama Routes 22, 41, and 21, until its 
     intersection with I-65 near Hope Hull, Alabama;
       ``(C) continuing east along the proposed Montgomery Outer 
     Loop south of Montgomery, Alabama where it would next join 
     with I-85 east of Montgomery, Alabama;
       ``(D) continuing along I-85 east bound until its 
     intersection with United States Highway 280 near Opelika, 
     Alabama or United States Highway 80 near Tuskegee, Alabama;
       ``(E) generally following the most expedient route until 
     intersecting with existing United States Highway 80 (JR Allen 
     Parkway) through Phenix City until continuing into Columbus, 
     Georgia.
       ``(102) The Middle Georgia Corridor including the route--
       ``(A) beginning at the Alabama-Georgia Border generally 
     following the Fall Line Freeway from Columbus, Georgia to 
     Augusta, Georgia, specifically--
       ``(B) travelling along United States Route 80 (JR Allen 
     Parkway) through Columbus, Georgia and near Fort Benning, 
     Georgia, east to Talbot County, Georgia where it would follow 
     Georgia Route 96, then commencing on Georgia Route 49C (Fort 
     Valley Bypass) to Georgia Route 49 (Peach Parkway) to its 
     intersection with Interstate Route 75 in Byron, Georgia;
       ``(C) continuing north along Interstate Route 75 through 
     Warner Robins and Macon, Georgia where it would meet 
     Interstate Route 16, then following Interstate Route 16 east 
     it would next join United States Route 80 and then onto State 
     Route 57;
       ``(D) commencing with State Route 57 which turns into State 
     Route 24 near Milledgeville, Georgia would then bypass Wrens, 
     Georgia with a newly constructed bypass, and after the bypass 
     it would join United States Route 1 near Fort Gordon into 
     Augusta, Georgia where it will terminate at Interstate Route 
     520.''.
       (b) Designation as Future Interstates.--Section 
     1105(e)(5)(A) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 597; 
     133 Stat. 3018) is amended in the first sentence--
       (1) by inserting ``subsection (c)(84),'' after ``subsection 
     (c)(83),''; and
       (2) by striking ``and subsection (c)(91)'' and inserting 
     ``subsection (c)(91), subsection (c)(92), subsection 
     (c)(93)(A), subsection (c)(94), subsection (c)(95), 
     subsection (c)(96), subsection (c)(97), subsection (c)(99), 
     subsection (c)(100), subsection (c)(101), and subsection 
     (c)(102)''.
       (c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the 
     Intermodal Surface

[[Page S5682]]

     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     109 Stat. 598; 133 Stat. 3018) is amended--
       (1) by striking the fifteenth sentence and inserting the 
     following: ``The route referred to in subsection (c)(84)(A) 
     is designated as Interstate Route I-14 North. The route 
     referred to in subsection (c)(84)(B) is designated as 
     Interstate Route I-14 South. The Bryan/College Station, Texas 
     loop referred to in subsection (c)(84)(C) is designated as 
     Interstate Route I-214.''; and
       (2) by adding at the end the following: ``The route 
     referred to in subsection (c)(97) is designated as Interstate 
     Route I-365. The routes referred to in subsections 
     (c)(84)(C), (c)(99), (c)(100), (c)(101), and (c)(102) are 
     designated as Interstate Route I-14. The routes referred to 
     in subparagraphs (D), (E), (F), and (G) of subsection (c)(84) 
     and subparagraph (B) of subsection (c)(100) shall each be 
     given separate Interstate route numbers.''.
                                 ______
                                 
  SA 2301. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle B of title I of division A, add the 
     following:

     SEC. 11207. NATIONAL GOALS AND PERFORMANCE MEASURES.

       Section 150 of title 23, United States Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (1), by striking ``Not later than 1 year 
     after the Secretary has promulgated the final rulemaking 
     under subsection (c), each'' and inserting ``Each''; and
       (B) by adding at the end the following:
       ``(3) Improving targets.--
       ``(A) In general.--A State shall establish an improving 
     target for the measures described under paragraph (4) of 
     subsection (c).
       ``(B) Improving target defined.--In this paragraph, the 
     term `improving target' means a target that represents an 
     improvement over baseline conditions for a particular 
     measure.'';
       (2) in subsection (e), in the matter preceding paragraph 
     (1)--
       (A) by striking ``Not later than 4 years after the date of 
     enactment of the MAP-21 and biennially thereafter, a'' and 
     inserting ``A''; and
       (B) by inserting ``biennial'' after ``the Secretary a''; 
     and
       (3) by adding at the end the following:
       ``(f) Savings Clause.--The requirement under subsection 
     (d)(3) shall apply to States beginning on the date that is 1 
     year before the subsequent State target and reporting 
     deadlines related to safety performance management 
     established pursuant to this section.''.

                          ____________________