[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5626-S5627]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).
                                 ______