[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5726-S5788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2302. Mr. RISCH (for himself, Mr. Barrasso, and Mr. Crapo) 
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__. ENERGY EMERGENCY AND ENERGY SECURITY FUNCTIONS 
                   ASSIGNED TO ASSISTANT SECRETARIES OF ENERGY.

       (a) In General.--Section 203(a) of the Department of Energy 
     Organization Act (42 U.S.C. 7133(a)) is amended--
       (1) in the matter preceding paragraph (1), in the second 
     sentence, by striking ``, but are not limited to,''; and
       (2) by adding at the end the following:
       ``(12) Energy emergency and energy security functions, 
     including--
       ``(A) responsibilities with respect to infrastructure, 
     cybersecurity, emerging threats, supply, and emergency 
     planning, coordination, response, and restoration; and
       ``(B) on request of a State, local, or Tribal government or 
     energy sector entity, and in consultation with other Federal 
     agencies, as appropriate, provision of technical assistance, 
     support, and response capabilities with respect to energy 
     security threats, risks, and incidents.''.
       (b) Coordination.--The Secretary of Energy shall ensure 
     that the functions of the Secretary of Energy described in 
     paragraph (12) of section 203(a) of the Department of Energy 
     Organization Act (42 U.S.C. 7133(a)) are performed in 
     coordination with relevant Federal agencies.
                                 ______
                                 
  SA 2303. Mr. BARRASSO (for himself and Mr. Cruz) 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. IMPOSITION OF SANCTIONS WITH RESPECT TO NORD 
                   STREAM 2.

       (a) In General.--Not later than 15 days after the date of 
     the enactment of this Act, the President shall--
       (1) impose sanctions under subsection (b) with respect to--

[[Page S5727]]

       (A) Nord Stream 2 AG or a successor entity;
       (B) Matthias Warnig; and
       (C) any other corporate officer of or principal shareholder 
     with a controlling interest in Nord Stream 2 AG or a 
     successor entity; and
       (2) impose sanctions under subsection (c) with respect to--
       (A) Nord Stream 2 AG or a successor entity; and
       (B) Matthias Warnig.
       (b) Ineligibility for Visas, Admission, or Parole of 
     Identified Persons and Corporate Officers.--
       (1) In general.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a)(1) is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The visa or other entry documentation of 
     an alien described in subsection (a)(1) shall be revoked, 
     regardless of when such visa or other entry documentation is 
     or was issued.
       (ii) Immediate effect.--A revocation under clause (i) 
     shall--

       (I) take effect immediately; and
       (II) automatically cancel any other valid visa or entry 
     documentation that is in the alien's possession.

       (c) Blocking of Property of Identified Persons.--The 
     President shall exercise all powers granted to the President 
     by the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) to the extent necessary to block and prohibit 
     all transactions in all property and interests in property of 
     a person described in subsection (a)(2) if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       (d) Implementation; Penalties.--
       (1) Implementation.--The President may exercise all 
     authorities provided to the President under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of that section.
       (e) Exceptions.--
       (1) Exception for intelligence, law enforcement, and 
     national security activities.--Sanctions under this section 
     shall not apply to any authorized intelligence, law 
     enforcement, or national security activities of the United 
     States.
       (2) Exception to comply with united nations headquarters 
     agreement.--Sanctions under this section shall not apply with 
     respect to the admission of an alien to the United States if 
     the admission of the alien is necessary to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, the 
     Convention on Consular Relations, done at Vienna April 24, 
     1963, and entered into force March 19, 1967, or other 
     applicable international obligations.
       (3) Exception relating to importation of goods.--
       (A) In general.--Notwithstanding any other provision of 
     this section, the authorities and requirements to impose 
     sanctions under this section shall not include the authority 
     or a requirement to impose sanctions on the importation of 
     goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or man-made substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (f) Sunset.--The authority to impose sanctions under this 
     section shall terminate on the date that is 5 years after the 
     date of the enactment of this Act.
       (g) Definitions.--In this section:
       (1) Admission; admitted; alien.--The terms ``admission'' , 
     ``admitted'' , and ``alien'' have the meanings given those 
     terms in section 101 of the Immigration and Nationality Act 
     (8 U.S.C. 1101).
       (2) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person within the United States.
                                 ______
                                 
  SA 2304. Mr. SULLIVAN 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--REBUILD AMERICA NOW

     SEC. 71201. SHORT TITLE.

       This title may be cited as the ``Rebuild America Now Act''.

       Subtitle A--Environmental and Project Review Modernization

     SEC. 71211. EXPANSION OF STATE RESPONSIBILITY FOR CATEGORICAL 
                   EXCLUSIONS.

       Section 326 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``certain designated 
     activities are included within classes of action identified 
     in regulation by the Secretary that are'' and inserting ``any 
     activity is included within a class of action identified in a 
     regulation of the Secretary that is''; and
       (B) in paragraph (2), by striking ``and only for types of 
     activities specifically designated by the Secretary''; and
       (2) in subsection (b)(1), by inserting ``(including the 
     responsibility for making conformity determinations under the 
     Clean Air Act (42 U.S.C. 7401 et seq.))'' after ``categorical 
     exclusions''.

     SEC. 71212. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REFORM.

       (a) In General.--The National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) is amended by adding at the end 
     the following:

      ``TITLE III--INTERAGENCY COORDINATION RELATING TO PERMITTING

     ``SEC. 301. INTERAGENCY COORDINATION RELATING TO PERMITTING.

       ``(a) Preparation of Environmental Documents.--An agency or 
     other entity seeking approval of, or otherwise responsible 
     for carrying out, a project (referred to in this section as 
     the `project sponsor'), may prepare an environmental impact 
     statement or environmental assessment for the purpose of an 
     environmental review in support of the project for approval 
     by the lead agency of the project if, before the project 
     sponsor takes any action or seeks any approval based on the 
     environmental document, the lead agency--
       ``(1) provides oversight in the preparation of the 
     environmental impact statement or environmental assessment;
       ``(2) independently evaluates the environmental impact 
     statement or environmental assessment; and
       ``(3) approves, within a reasonable time, and adopts the 
     environmental impact statement or environmental assessment.
       ``(b) Adoption and Use of Environmental Documents.--
       ``(1) Environmental impact statements and assessments.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the lead agency shall not prepare more than 1 environmental 
     impact statement and 1 environmental assessment under this 
     Act for a project.
       ``(B) Exceptions.--The limitation in subparagraph (A) shall 
     not apply to--
       ``(i) a supplemental environmental document; or
       ``(ii) an environmental impact statement or environmental 
     assessment prepared pursuant to a court order.
       ``(C) Record of decision.--
       ``(i) In general.--Except as provided in clause (ii), after 
     the date on which the lead agency issues a record of decision 
     for a project, the head of a Federal agency responsible for 
     approving the project shall not rely on any environmental 
     impact statement or environmental assessment prepared before 
     that date.
       ``(ii) Environmental document of lead agency.--
     Notwithstanding clause (i), the head of a Federal agency may 
     rely on an environmental impact statement or environmental 
     assessment prepared by the lead agency after the date on 
     which the lead agency issues a record of decision for the 
     project.
       ``(D) Impact analysis.--On request by a project sponsor, a 
     lead agency may adopt, use, or rely on a secondary or 
     cumulative impact analysis that is included in any 
     environmental impact statement or environmental assessment 
     for a project located in the geographical area that is the 
     subject of the secondary or cumulative impact analysis, if 
     the secondary or cumulative impact analysis provides 
     information that is applicable to the project.
       ``(2) State environmental documents.--
       ``(A) Adoption.--
       ``(i) In general.--On request by a project sponsor and 
     subject to clause (ii), a lead agency may adopt as the 
     environmental impact statement or environmental assessment 
     for a project an environmental document prepared under State 
     law, if the State law provides environmental protection and 
     an opportunity for public involvement that is substantially 
     similar to the environmental protection and opportunity for 
     public involvement under this Act.
       ``(ii) Supplemental documents.--

[[Page S5728]]

       ``(I) In general.--A lead agency shall prepare and publish 
     a supplement to an environmental document referred to in 
     clause (i) before adopting the State environmental document 
     if the lead agency determines that--

       ``(aa) a significant change has been made to the project 
     that is relevant for purposes of the environmental review by 
     the lead agency; or
       ``(bb) there have been significant changes in circumstances 
     or availability of information relevant to that environmental 
     review.

       ``(II) Period of comment.--For any supplemental document 
     prepared and published under subclause (I), the lead agency 
     may solicit comments from agencies and the public for a 
     period of not more than 45 days beginning on the date of the 
     publication.

       ``(B) Obligation of lead agency.--The adoption of an 
     environmental document by a lead agency under subparagraph 
     (A)(i) satisfies the obligation of the lead agency to prepare 
     an environmental impact statement or environmental assessment 
     under this Act.
       ``(C) Record of decision.--With respect to a project, the 
     lead agency shall issue a record of decision or finding of no 
     significant impact, as appropriate, based on--
       ``(i) the environmental document adopted under subparagraph 
     (A)(i); and
       ``(ii) any supplemental document prepared under 
     subparagraph (A)(ii).
       ``(3) Contemporaneous projects.--The lead agency may adopt 
     for a project an environmental impact statement or 
     environmental assessment that resulted from an environmental 
     review carried out for a similar project in geographical 
     proximity to the project, if the lead agency--
       ``(A) determines that--
       ``(i) there is a reasonable likelihood that the project 
     will have a similar environmental impact as the similar 
     project; and
       ``(ii) during the 5-year period ending on the date on which 
     the lead agency makes the determination, the similar project 
     was subject to environmental review or similar State 
     procedures; and
       ``(B) adopts the environmental impact statement or 
     environmental assessment in accordance with paragraph (2)(A).
       ``(c) Cooperating Agencies.--
       ``(1) In general.--The lead agency of a project shall--
       ``(A) be responsible for designating or inviting, as 
     applicable, cooperating agencies (within the meaning of 
     section 1501.6 of title 40, Code of Federal Regulations (as 
     in effect on the date of enactment of this section)) in 
     accordance with this subsection; and
       ``(B) provide to the head of each cooperating agency a 
     notice of the designation or invitation in writing.
       ``(2) Federal cooperating agencies.--
       ``(A) In general.--Except as provided in subparagraph (C), 
     any Federal agency that is required to adopt the 
     environmental impact statement or environmental assessment of 
     the lead agency for a project shall--
       ``(i) be designated as a cooperating agency; and
       ``(ii) collaborate on the preparation of the environmental 
     impact statement or environmental assessment.
       ``(B) Notification.--The lead agency shall provide to the 
     head of a Federal agency described in subparagraph (A) a 
     written notice of designation under paragraph (1) that 
     specifies a date by which the head of the Federal agency 
     shall respond.
       ``(C) Exception.--Notwithstanding subparagraph (A), the 
     head of a Federal agency may decline designation as a 
     cooperation agency if, not later than the date specified by 
     the lead agency under subparagraph (B), the head of the 
     Federal agency informs the lead agency in writing that the 
     Federal agency--
       ``(i) has no jurisdiction or authority with respect to the 
     project;
       ``(ii) has no expertise or information relevant to the 
     project; and
       ``(iii) does not intend to submit comments on the project.
       ``(3) Other cooperating agencies.--
       ``(A) In general.--The lead agency shall identify, as early 
     as practicable in the environmental review for a project, any 
     official or agency other than an agency described in 
     paragraph (2) that may have an interest in the project, 
     including--
       ``(i) the Governor of an affected State; and
       ``(ii) a local or tribal government.
       ``(B) Invitation.--
       ``(i) In general.--The lead agency shall provide a written 
     invitation to any agency or official identified under 
     subparagraph (A) to become a cooperating agency in the 
     environmental review for the project.
       ``(ii) Deadline required.--

       ``(I) In general.--The invitation described in clause (i) 
     shall include a deadline, not to exceed 30 days after the 
     date on which the invitation is received, by which the 
     invited agency or official shall accept or decline the 
     invitation.
       ``(II) Extension.--The lead agency may extend the deadline 
     under subclause (I) only for good cause shown.

       ``(C) Failure to respond.--An agency or official that fails 
     to respond to an invitation under subparagraph (B)(i) before 
     the deadline under subparagraph (B)(ii) shall be considered 
     to have declined the invitation for designation.
       ``(D) Designation.--The lead agency shall designate as a 
     cooperating agency any agency or official that accepts an 
     invitation under subparagraph (B).
       ``(4) Effect of declining cooperating agency invitation.--
     An agency or official that declines a designation or 
     invitation by the lead agency to be a cooperating agency for 
     a project shall be precluded from--
       ``(A) submitting comments on any environmental impact 
     statement or environmental assessment prepared for the 
     project; and
       ``(B) taking any action to oppose, based on the 
     environmental review, any permit, license, or approval 
     relating to the project.
       ``(5) Effect of designation.--Designation as a cooperating 
     agency under this subsection does not imply that the 
     cooperating agency--
       ``(A) supports a proposed project; or
       ``(B) has jurisdiction over, or special expertise with 
     respect to evaluation of, the project.
       ``(6) Concurrent reviews.--The head of each Federal agency 
     designated as a cooperating agency shall--
       ``(A) carry out the obligations of the Federal agency under 
     other applicable law concurrently and in conjunction with the 
     environmental review required for the applicable project 
     under this Act; and
       ``(B) in accordance with the rules promulgated by the 
     Council on Environmental Quality pursuant to section 
     71212(b)(1) of the Rebuild America Now Act, develop and carry 
     out such rules, policies, and procedures as may be reasonably 
     necessary to enable the Federal agency to ensure completion 
     of the environmental review and environmental decisionmaking 
     process in a timely, coordinated, and environmentally 
     responsible manner.
       ``(7) Cooperating agency comments.--
       ``(A) In general.--In providing comments on a project, a 
     cooperating agency--
       ``(i) shall not provide comments on a subject matter that 
     does not relate to the expertise and statutory authority of 
     the cooperating agency, as expressly delegated by Congress; 
     and
       ``(ii) shall identify in the comments of the cooperating 
     agency the legal authority of the cooperating agency relating 
     to the subject matter of the comments.
       ``(B) Lead agency.--A lead agency shall not carry out any 
     action in response to, or include in any document prepared 
     under this Act, any comment submitted by a cooperating agency 
     that relates to a subject matter outside the expertise and 
     authority of the cooperating agency.
       ``(d) Initiation of Environmental Review.--Not later than 
     45 days after the date on which a lead agency receives an 
     application for a project from a project sponsor, the lead 
     agency shall initiate an environmental review of the project.
       ``(e) Alternatives Analysis.--
       ``(1) Participation of cooperating agencies.--As early as 
     practicable during the environmental review, but not later 
     than the period during which the preparation of an 
     environmental impact statement is required, the lead agency 
     shall provide an opportunity to the cooperating agencies to 
     participate in determining the range of alternatives to be 
     considered for a project.
       ``(2) Range of alternatives.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     after completion of the participation of the cooperating 
     agencies described in paragraph (1), the lead agency shall 
     determine the range of alternatives for consideration in the 
     environmental impact statement or environmental assessment 
     for the project.
       ``(B) No evaluation of certain alternatives.--The head of a 
     Federal agency shall not evaluate an alternative that--
       ``(i) was identified during the participation period 
     described in paragraph (1); and
       ``(ii)(I) was not accepted by the lead agency under 
     subparagraph (A) for detailed evaluation in an environmental 
     impact statement or environmental assessment; or
       ``(II)(aa) was evaluated by the lead agency; and
       ``(bb) was not selected for any environmental impact 
     statement or environmental assessment for the project.
       ``(C) Only feasible alternatives evaluated.--In the case of 
     a project that is constructed, managed, funded, or carried 
     out by a project sponsor that is not a Federal agency, the 
     head of a Federal agency shall only evaluate an alternative 
     that, consistent with the purpose of, and the need for, the 
     project--
       ``(i) the project sponsor may feasibly carry out; and
       ``(ii) is technically and economically feasible, as 
     determined by the head of the Federal agency.
       ``(3) Methodologies.--
       ``(A) In general.--With respect to an alternative for a 
     project, the lead agency shall, in collaboration with 
     cooperating agencies at an appropriate time during the 
     environmental review for the project, determine the 
     methodologies to be used in, and the level of detail required 
     for, the review.
       ``(B) Description required.--The lead agency shall include 
     in the environmental impact statement or environmental 
     assessment for a project a description of--
       ``(i) the methodologies used in preparing the environmental 
     impact statement or environmental assessment; and
       ``(ii) the means by which the methodologies were selected.
       ``(C) No evaluation of inappropriate alternatives.--In 
     preparing an environmental impact statement or environmental 
     assessment, a lead agency may omit from the environmental 
     document a detailed evaluation of an alternative determined 
     by the lead agency not to meet the purpose of, and need for, 
     the project.

[[Page S5729]]

       ``(4) Employment analysis.--The evaluation of each 
     alternative in an environmental impact statement or 
     environmental assessment shall identify the potential effects 
     of the alternative on employment, including--
       ``(A) potential short-term and long-term employment 
     increases and reductions; and
       ``(B) shifts in employment.
       ``(f) Coordination Plan and Scheduling.--
       ``(1) In general.--To facilitate the expeditious resolution 
     of an environmental review, the lead agency shall establish 
     and implement a coordination plan for public and agency 
     participation in, and comment on, the environmental review 
     for a project or category of projects.
       ``(2) Schedule.--
       ``(A) In general.--In developing the coordination plan 
     described in paragraph (1), the lead agency shall consult 
     with each cooperating agency and the project sponsor to 
     develop a schedule for the completion of the environmental 
     review that--
       ``(i) considers factors such as--

       ``(I) the responsibilities of the cooperating agencies 
     under applicable law;
       ``(II) the resources available to the cooperating agencies;
       ``(III) the overall size and complexity of the project;
       ``(IV) the overall schedule for and cost of the project;
       ``(V) the sensitivity of the natural and historical 
     resources that may be affected by the project; and
       ``(VI) the extent to which similar projects in geographical 
     proximity to the project were recently subject to 
     environmental review or similar State procedures; and

       ``(ii) includes the deadlines, consistent with subsection 
     (g), for decisions under Federal law relating to the project, 
     including decisions on the issuance or denial of a permit or 
     license.
       ``(B) Compliance with schedule.--
       ``(i) In general.--Each cooperating agency shall comply 
     with--

       ``(I) the deadlines established in the schedule under 
     subparagraph (A); and
       ``(II) in the case of a modification to the schedule under 
     paragraph (4), any modified deadline.

       ``(ii) Effect of noncompliance.--The lead agency shall 
     disregard, and shall not respond to or include in any 
     environmental impact statement or environmental assessment, 
     any comment or information submitted or any finding made by a 
     cooperating agency that is not in accordance with the 
     deadline established in the schedule under subparagraph (A) 
     or a modified deadline under paragraph (4).
       ``(iii) Failure to object.--If a cooperating agency fails 
     to object in writing to a lead agency decision, finding, or 
     request for concurrence in accordance with the deadline 
     established under law or by the lead agency, the cooperating 
     agency shall be considered to have concurred in the decision, 
     finding, or request.
       ``(3) Consistency with other deadlines.--A schedule under 
     paragraph (2) shall be consistent with any other relevant 
     deadline under Federal law.
       ``(4) Modification of schedule.--With respect to a schedule 
     under paragraph (2), the lead agency may--
       ``(A) extend the schedule for good cause; and
       ``(B) shorten the schedule only with the concurrence of 
     each cooperating agency.
       ``(5) Dissemination.--With respect to a schedule under 
     paragraph (2), the lead agency shall--
       ``(A) not later than 15 days after the date of completion 
     or modification of schedule, provide a copy of the schedule 
     and any modification to each cooperating agency and the 
     project sponsor; and
       ``(B) make a copy of the schedule available to the public.
       ``(6) Role and responsibility of lead agency.--With respect 
     to the environmental review for a project, the lead agency 
     may take such actions as are necessary, within the authority 
     of the lead agency, to facilitate the expeditious resolution 
     of the environmental review.
       ``(g) Deadlines.--
       ``(1) In general.--The deadlines described in this 
     subsection shall apply to any project subject to review under 
     this Act and any decision under Federal law relating to the 
     project, including the issuance or denial of a permit or 
     license or any required finding.
       ``(2) Environmental reviews.--
       ``(A) Environmental impact statement projects.--The lead 
     agency shall--
       ``(i) for a project that requires an environmental impact 
     statement under Federal law (including regulations), issue 
     the environmental impact statement by not later than 2 years 
     after the earlier of--

       ``(I) the date on which the lead agency receives an 
     application for the project from a project sponsor; and
       ``(II) the date on which a notice of intent to prepare an 
     environmental impact statement is published in the Federal 
     Register; and

       ``(ii) for a project for which the lead agency prepared an 
     environmental assessment, and determined pursuant to that 
     environmental assessment that an environmental impact 
     statement is required, issue the environmental impact 
     statement by not later than 2 years after the date of 
     publication of the notice of intent to prepare an 
     environmental impact statement in the Federal Register.
       ``(B) Environmental assessment projects.--For a project 
     that requires an environmental assessment, the lead agency 
     shall issue a finding of no significant impact or publish a 
     notice of intent to prepare an environmental impact statement 
     in the Federal Register by not later than 1 year after the 
     earliest of--
       ``(i) the date on which the lead agency receives the 
     project initiation request;
       ``(ii) the date on which the lead agency makes a decision 
     to prepare an environmental assessment; and
       ``(iii) the date on which the lead agency sends out 
     cooperating agency invitations.
       ``(C) Extensions.--
       ``(i) Requirements.--Subject to clause (ii), the lead 
     agency may extend a deadline under subparagraph (A) or (B) 
     only--

       ``(I) if the lead agency, project sponsor, and each 
     cooperating agency agree on a different deadline; or
       ``(II) for good cause.

       ``(ii) Limitation.--The lead agency shall not extend a 
     deadline under subparagraph (A) or (B)--

       ``(I) in the case of a project that requires an 
     environmental impact statement, by more than 1 year; and
       ``(II) in the case of a project that requires an 
     environmental assessment, by more than 180 days.

       ``(3) Environmental review comments.--The lead agency shall 
     establish for each environmental impact statement and 
     environmental assessment a comment period of not more than 30 
     days after the date on which the environmental impact 
     statement or environmental assessment is made publicly 
     available, unless--
       ``(A) the lead agency, project sponsor, and each 
     cooperating agency agree on a different deadline; or
       ``(B) the lead agency extends the deadline for good cause.
       ``(4) Decisions prior to record of decision or finding of 
     no significant impact.--Notwithstanding any other provision 
     of law, in the case of a project for which a Federal agency 
     is required to approve or otherwise to take an action 
     relating to a permit, license, or other similar application 
     before the lead agency may issue a record of decision or 
     finding of no significant impact, the head of the Federal 
     agency shall approve or take the applicable action by not 
     later than the earlier of--
       ``(A) the end of the 90-day period beginning on the date on 
     which--
       ``(i) all other relevant Federal agency reviews relating to 
     the project are complete; and
       ``(ii) the lead agency publishes a notice of the 
     availability of the final environmental impact statement or 
     issuance of other final environmental documents; and
       ``(B) the date that is otherwise required by law.
       ``(5) Other decisions.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     with respect to any approval or other action of a Federal 
     agency relating to a project that is not subject to paragraph 
     (4), each Federal agency shall make the approval or carry out 
     the action by not later than the end of the 180-day period 
     beginning on the date on which--
       ``(i) all other relevant agency reviews relating to the 
     project are complete; and
       ``(ii) the lead agency issues a record of decision or 
     finding of no significant impact.
       ``(B) Extension.--
       ``(i) In general.--Subject to clause (ii), the head of a 
     Federal agency may extend the deadline referred to in 
     subparagraph (A) for good cause, if the head of the Federal 
     agency, the lead agency, and the project sponsor agree to 
     extend the deadline.
       ``(ii) Limitation.--The head of a Federal agency shall not 
     extend a deadline under clause (i) for a period longer than 1 
     year after the date on which the lead agency issues the 
     record of decision or finding of no significant impact.
       ``(6) Effect of noncompliance.--
       ``(A) In general.--A permit, license, or other similar 
     application for approval relating to a project that requires 
     the approval or other action by a Federal agency shall be 
     considered to be approved by the Federal agency if the head 
     of the Federal agency fails to approve or otherwise take an 
     action relating to the permit, license, or other similar 
     application by the deadline described in paragraph (4) or 
     (5).
       ``(B) Deadline for compliance.--The head of the Federal 
     agency shall act in accordance with the approval under 
     subparagraph (A) by not later than 30 days after the 
     applicable deadline described in paragraph (4) or (5).
       ``(C) Final agency action.--
       ``(i) In general.--An approval under subparagraph (A) shall 
     be considered to be a final agency action, which may not be 
     reversed by any agency.
       ``(ii) Review.--In any action under chapter 7 of title 5, 
     United States Code, that seeks review of a final agency 
     action under clause (i), a court may not set aside the action 
     based on the action having been made final under that clause.
       ``(h) Issue Identification and Resolution.--
       ``(1) Cooperation.--The lead agency and the cooperating 
     agencies shall work in accordance with this subsection to 
     identify and resolve any issue that may delay the completion 
     of an environmental review or result in the denial of an 
     approval required for the project under applicable law.
       ``(2) Lead agency responsibilities.--As early as 
     practicable during the environmental review process, the lead 
     agency shall

[[Page S5730]]

     make available information (including information based on 
     existing data sources, including geographic information 
     systems) relating to the environmental, historic, and 
     socioeconomic resources located in the project area and the 
     general location of any alternative under consideration.
       ``(3) Cooperating agency responsibilities.--Based on 
     information received from the lead agency, a cooperating 
     agency shall identify, as early as practicable, any issue of 
     concern relating to the potential environmental, historical, 
     or socioeconomic impact of a project, including any issue 
     that may substantially delay or prevent an agency from 
     granting a permit or other approval required for the project.
       ``(4) Issue resolution.--
       ``(A) Meeting of cooperating agencies.--To resolve any 
     issue that may delay the completion of an environmental 
     review or result in the denial of an approval required for a 
     project under applicable law, the lead agency shall promptly 
     convene a meeting with the relevant cooperating agency and 
     the project sponsor on request by a project sponsor at any 
     time.
       ``(B) Notice that resolution cannot be achieved.--If a 
     resolution to an issue identified under paragraph (1) cannot 
     be achieved by the date that is 30 days after the date on 
     which a meeting is convened under subparagraph (A), and the 
     lead agency determines that all information necessary to 
     resolve the issue has been obtained, the lead agency shall--
       ``(i) notify--

       ``(I) each cooperating agency;
       ``(II) the project sponsor; and
       ``(III) the Council on Environmental Quality established by 
     section 202 for further proceedings in accordance with 
     section 204; and

       ``(ii) publish in the Federal Register a notice relating to 
     the failure to achieve a resolution.
       ``(i) Merging Documents.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, except as provided in paragraph (2), the lead agency of 
     a project shall expeditiously develop a single document that 
     consists of--
       ``(A) a final environmental impact statement relating to 
     the project;
       ``(B) each record of decision relating to the project; and
       ``(C) the final decision of the Secretary of the Army with 
     respect to the environmental review carried out by the 
     Secretary, acting through the Chief of Engineers, relating to 
     an application for a permit for the project under section 404 
     of the Federal Water Pollution Control Act (33 U.S.C. 1344).
       ``(2) Exceptions.--Paragraph (1) shall not apply in any 
     case in which--
       ``(A) the final environmental impact statement relating to 
     the project makes a substantial change relating to an 
     environmental or safety concern to a proposed action under 
     the project; or
       ``(B) there exists a significant new circumstance or 
     information relating to an environmental concern that affects 
     such a proposed action or the impacts of the proposed action.
       ``(j) Limitations on Claims.--
       ``(1) Final agency actions.--
       ``(A) In general.--The deadline for filing a claim for 
     judicial review of a final agency action is the date that is 
     180 days after the date of publication of a notice in the 
     Federal Register announcing the record of decision for the 
     action.
       ``(B) New information.--A claim challenging a final agency 
     action on the basis of information contained in a 
     supplemental environmental impact statement shall be limited 
     to a challenge on the basis of that information.
       ``(2) Rule of construction.--Nothing in this subsection 
     creates a right to judicial review or places any limit on 
     filing a claim that a person has violated the terms of a 
     permit, license, or approval issued by a Federal agency for 
     an action subject to this Act.
       ``(k) Categories of Projects.--The authority granted under 
     this title may be exercised for--
       ``(1) any single project; or
       ``(2) any category of 2 or more projects related by project 
     type, potential environmental impact, geographical location, 
     or other similar project feature or characteristic.
       ``(l) Effective Date.--
       ``(1) In general.--This title applies only to an 
     environmental review or environmental decisionmaking process 
     initiated after the date of enactment of this title.
       ``(2) Applicability of deadlines.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     in the case of a project for which an environmental review or 
     environmental decisionmaking process is initiated before the 
     date of enactment of this title, subsection (g) shall apply.
       ``(B) Exception.--Notwithstanding any other provision of 
     this section, in determining a deadline under subsection (g), 
     any applicable period of time shall be calculated as 
     beginning on the date of enactment of this title.
       ``(m) Applicability.--Except as provided in subsection (n), 
     this title applies to each project for which a Federal agency 
     is required to carry out an environmental review or 
     environmental decisionmaking process.
       ``(n) Savings Clause.--Nothing in this section supersedes, 
     amends, or modifies--
       ``(1) section 134, 135, 139, 325, 326, or 327 of title 23, 
     United States Code;
       ``(2) section 5303 or 5304 of title 49, United States Code; 
     or
       ``(3) subtitle C of title I of division A of the Moving 
     Ahead for Progress in the 21st Century Act (Public Law 112-
     141; 126 Stat. 527) (or any amendment made by that 
     subtitle).''.
       (b) Regulations.--
       (1) Council on environmental quality.--Not later than 180 
     days after the date of enactment of this Act, the Council on 
     Environmental Quality established by section 202 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4342) 
     shall--
       (A) amend the regulations contained in chapter V of title 
     40, Code of Federal Regulations (or successor regulations), 
     to implement this section and the amendments made by this 
     section; and
       (B) by rule, designate each State with laws and procedures 
     that satisfy the criteria under section 301(b)(2)(A) of the 
     National Environmental Policy Act of 1969 (as added by 
     subsection (a)).
       (2) Federal agencies.--Not later than 120 days after the 
     date on which the Council on Environmental Quality amends the 
     regulations described in paragraph (1)(A), the head of each 
     Federal agency that has promulgated regulations implementing 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) shall amend the regulations to implement this 
     section and the amendments made by this section.
       (c) Limitations on Claims Under FAST Act.--Section 41007(a) 
     of the FAST Act (42 U.S.C. 4370m-6(a)) is amended--
       (1) in paragraph (1)(A), by striking ``2 years'' and 
     inserting ``180 days''; and
       (2) in paragraph (2)(B), by striking ``2 years'' and 
     inserting ``180 days''.

     SEC. 71213. DESIGNATION OF CATEGORICAL EXCLUSIONS FOR 
                   EMERGENCY PROJECTS AND STRUCTURALLY DEFICIENT 
                   INFRASTRUCTURE.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--
       (1) consult with the Administrator of the Federal Emergency 
     Management Agency and the Secretary of the Army to identify 
     communities that are imminently threatened from flooding or 
     erosion; and
       (2) designate as an action categorically excluded from the 
     requirements relating to environmental assessments or 
     environmental impact statements for purposes of section 
     771.117(c) of title 23, Code of Federal Regulations (or 
     successor regulations), and section 1508.4 of title 40, Code 
     of Federal Regulations (or successor regulations), any 
     project--
       (A) that is critical to the immediate safety of a 
     threatened community identified under paragraph (1); or
       (B) for the maintenance, repair, reconstruction, 
     restoration, retrofitting, or replacement of an existing 
     road, highway, bridge, tunnel, or other transit facility 
     (such as a ferry dock or bus transfer station), including 
     ancillary transportation facilities (such as pedestrian and 
     bicycle paths and bike lanes), if the project is to be 
     completed in the same location, and with the same preexisting 
     design, as the existing structure.
       (b) Regulations.--The Secretary shall promulgate such 
     regulations as are necessary to carry out subsection (a) by 
     not later than 150 days after the date of enactment of this 
     Act.

     SEC. 71214. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED 
                   FEDERAL ASSISTANCE.

       Section 1317(1) of the MAP-21 (23 U.S.C. 109 note; Public 
     Law 112-141) is amended--
       (1) in subparagraph (A), by striking ``$5,000,000'' and 
     inserting ``$10,000,000''; and
       (2) in subparagraph (B), by striking ``15 percent'' and 
     inserting ``16 percent''.

     SEC. 71215. SIMPLIFYING ENVIRONMENTAL DOCUMENTS.

       (a) Statement of Policy.--It is the policy of the United 
     States that the purpose of requiring an environmental 
     document relating to a project is only to ensure that the 
     process of considering the effects of the project takes place 
     before the occurrence of any significant Federal action to 
     carry out the project.
       (b) Page Limits.--
       (1) In general.--To facilitate public transparency and 
     understanding of environmental documentation, an 
     environmental document--
       (A) shall--
       (i) be sufficient to provide a reasonable consideration of 
     the potential environmental effects and alternatives of a 
     proposed project; and
       (ii) reflect a thorough examination of the potential 
     impacts of the project; but
       (B) shall not exceed 300 pages without substantial 
     justification.
       (2) Notice and comment requirements.--
       (A) In general.--An agency may exceed the 300-page limit 
     under paragraph (1)(B) if the agency provides to proponents 
     of the applicable project a notice, and a period of not less 
     than 30 days for comment, regarding the proposed exceedance.
       (B) Eligibility to comment.--The opportunity to comment 
     under subparagraph (A) shall not be provided to any 
     individual or entity other than a proponent of the applicable 
     project.

     SEC. 71216. PERMITTEE BILL OF RIGHTS.

       Section 101 of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4331) is amended by adding at the end the 
     following:
       ``(d) Permittee Bill of Rights.--
       ``(1) Statement of policy.--It is the policy of the United 
     States--
       ``(A) to use natural resources in a responsible manner to 
     maximize value and utility, while protecting public health 
     and welfare; and
       ``(B) that, therefore, in implementing a Federal permitting 
     law, a Federal agency

[[Page S5731]]

     should, to the maximum extent practicable, seek to issue 
     permit decisions favorably.
       ``(2) Definition of federal permitting law.--In this 
     subsection:
       ``(A) In general.--The term `Federal permitting law' means 
     any provision of Federal law pursuant to which a Federal 
     agency may issue a permit.
       ``(B) Inclusions.--The term `Federal permitting law' 
     includes--
       ``(i) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.);
       ``(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq.);
       ``(iii) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.);
       ``(iv) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       ``(v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       ``(vi) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
     seq.);
       ``(vii) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.);
       ``(viii) the Clean Air Act (42 U.S.C. 7401 et seq.); and
       ``(ix) the Outer Continental Shelf Lands Act (43 U.S.C. 
     1331 et seq.).
       ``(3) Applicant and permittee rights.--In any communication 
     between a permittee or an applicant for a permit and a 
     Federal agency relating to a determination of the agency 
     pursuant to a Federal permitting law, the following shall 
     apply:
       ``(A) Any decision relating to the applicable permit or 
     application shall be issued--
       ``(i) within the applicable deadline; or
       ``(ii) at such other reasonable time as may be agreed to by 
     the permittee or applicant and the Federal agency.
       ``(B) Each permittee and permit applicant shall have the 
     right--
       ``(i) to assistance and prompt response in seeking from the 
     Federal agency information regarding the regulatory and 
     permit process;
       ``(ii) to request and receive--

       ``(I) a clear projected schedule of fees for the review and 
     completion of the permit process; and
       ``(II) a clear, concise statement of the reasoning for a 
     determination by the agency to reject a permit application;

       ``(iii) to know the exact deficiencies in a rejected 
     application; and
       ``(iv) to a transparent and unbiased decision based on the 
     submitted application and applicable Federal permitting law 
     and regulatory requirements.''.

     SEC. 71217. POLICY REVIEW UNDER CLEAN AIR ACT.

       Section 309(a) of the Clean Air Act (42 U.S.C. 7609(a)) is 
     amended by striking ``any (1) legislation proposed by any 
     Federal department or agency, (2) newly authorized Federal 
     projects for construction and any major Federal agency action 
     (other than a project for construction) to which section 
     102(2)(C) of Public Law 91-190 applies, and (3) proposed 
     regulations'' and inserting ``any legislation proposed by a 
     Federal department or agency or proposed regulations''.

                    Subtitle B--Judicial Provisions

     SEC. 71221. DEADLINE FOR FILING ENERGY-RELATED CAUSES OF 
                   ACTION.

       (a) Definitions.--In this section:
       (1) Agency action.--The term ``agency action'' has the 
     meaning given the term in section 551 of title 5, United 
     States Code.
       (2) Energy-related cause of action.--The term ``energy-
     related cause of action'' means a cause of action that--
       (A) is filed on or after the date of enactment of this Act; 
     and
       (B) seeks judicial review of a final agency action to issue 
     a permit, license, or other form of agency permission 
     allowing--
       (i) an individual or entity to conduct on Indian land or 
     public land activities involving the exploration, 
     development, production, or transportation of oil, gas, coal, 
     shale gas, oil shale, geothermal resources, wind or solar 
     resources, underground coal gasification, biomass, or the 
     generation of electricity; or
       (ii) an Indian tribe, or any organization of 2 or more 
     entities at least 1 of which is an Indian tribe, to conduct 
     activities involving the exploration, development, 
     production, or transportation of oil, gas, coal, shale gas, 
     oil shale, geothermal resources, wind or solar resources, 
     underground coal gasification, biomass, or the generation of 
     electricity, regardless of the location at which those 
     activities are carried out.
       (3) Indian land.--
       (A) In general.--The term ``Indian land'' has the meaning 
     given the term in section 2601 of the Energy Policy Act of 
     1992 (25 U.S.C. 3501).
       (B) Inclusion.--The term ``Indian land'' includes land 
     owned by a Native Corporation under the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.).
       (4) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (b) Deadline for Filing.--
       (1) In general.--An energy-related cause of action shall be 
     filed by not later than 60 days after the date of publication 
     of the applicable final agency action.
       (2) Prohibition.--An energy-related cause of action that is 
     not filed within the time period described in paragraph (1) 
     shall be barred.
       (c) District Court Venue and Deadline.--An energy-related 
     cause of action shall be--
       (1) brought in the United States District Court for the 
     District of Columbia Circuit; and
       (2) resolved--
       (A) as expeditiously as practicable; and
       (B) in any event, not later than the date that is 180 days 
     after the date on which the energy-related cause of action is 
     filed.
       (d) Appellate Review.--
       (1) In general.--An interlocutory order or final judgment, 
     decree, or order of the district court in an energy-related 
     cause of action may be reviewed by the United States Court of 
     Appeals for the District of Columbia Circuit.
       (2) Requirement.--The United States Court of Appeals for 
     the District of Columbia shall resolve an appeal of an 
     energy-related cause of action--
       (A) as expeditiously as practicable; and
       (B) in any event, not later than the date that is 180 days 
     after the date on which the applicable interlocutory order or 
     final judgment, decree, or order of the district court was 
     issued.
       (e) Limitation on Certain Payments.--Notwithstanding 
     section 1304 of title 31, United States Code, no award may be 
     made under section 504 of title 5, United States Code, or 
     section 2412 of title 28, United States Code, and no amounts 
     may be obligated or expended from the Claims and Judgment 
     Fund of the Treasury to pay any fees or other expenses under 
     those sections, to any person or party in an energy-related 
     cause of action.
       (f) Legal Fees.--
       (1) Definition of ultimately prevail.--In this subsection:
       (A) In general.--The term ``ultimately prevail'' means a 
     final, enforceable judgment by a court of competent 
     jurisdiction in favor of a party on at least 1 energy-related 
     cause of action that is an underlying rationale for the 
     preliminary injunction, administrative stay, or other relief 
     requested by the party.
       (B) Exclusion.--The term ``ultimately prevail'' does not 
     include any situation in which the relevant final agency 
     action is modified or amended by the issuing agency, unless 
     the modification or amendment is required pursuant to--
       (i) a final, enforceable judgment of the court; or
       (ii) a court-ordered consent decree.
       (2) Award.--
       (A) In general.--In any energy-related cause of action in 
     which the plaintiff does not ultimately prevail, the court 
     shall award to the defendant (including any intervenor-
     defendants), other than the United States, fees and other 
     expenses incurred by that defendant in connection with the 
     energy-related cause of action, unless the court finds that--
       (i) the position of the plaintiff was substantially 
     justified, in accordance with subparagraph (B); or
       (ii) special circumstances make such an award unjust.
       (B) Substantially justified determination.--Whether the 
     position of the plaintiff was substantially justified for 
     purposes of subparagraph (A)(i) shall be determined on the 
     basis of the administrative record, as a whole, relating to 
     the energy-related cause of action for which fees and other 
     expenses are sought.

     SEC. 71222. LIMITING SUE AND SETTLE PRACTICES.

       (a) Definitions.--In this section:
       (1) Agency; agency action.--The terms ``agency'' and 
     ``agency action'' have the meanings given those terms under 
     section 551 of title 5, United States Code.
       (2) Covered civil action.--The term ``covered civil 
     action'' means a civil action--
       (A) seeking to compel agency action;
       (B) alleging that the agency is unlawfully withholding or 
     unreasonably delaying an agency action relating to a 
     regulatory action that would affect the rights of--
       (i) private persons other than the person bringing the 
     action; or
       (ii) a State, local, or tribal government; and
       (C) brought under--
       (i) chapter 7 of title 5, United States Code; or
       (ii) any other statute authorizing such an action.
       (3) Covered consent decree.--The term ``covered consent 
     decree'' means--
       (A) a consent decree entered into in a covered civil 
     action; and
       (B) any other consent decree that requires agency action 
     relating to a regulatory action that affects the rights of--
       (i) private persons other than the person bringing the 
     action; or
       (ii) a State, local, or tribal government.
       (4) Covered consent decree or settlement agreement.--The 
     term ``covered consent decree or settlement agreement'' means 
     a covered consent decree and a covered settlement agreement.
       (5) Covered settlement agreement.--The term ``covered 
     settlement agreement'' means--
       (A) a settlement agreement entered into in a covered civil 
     action; and
       (B) any other settlement agreement that requires agency 
     action relating to a regulatory action that affects the 
     rights of--
       (i) private persons other than the person bringing the 
     action; or
       (ii) a State, local, or tribal government.
       (b) Consent Decree and Settlement Reform.--
       (1) Pleadings and preliminary matters.--
       (A) In general.--In any covered civil action, the agency 
     against which the covered civil action is brought shall 
     publish the notice of intent to sue and the complaint in a

[[Page S5732]]

     readily accessible manner, including by making the notice of 
     intent to sue and the complaint available in the Federal 
     Register or online not later than 15 days after receiving 
     service of the notice of intent to sue or complaint, 
     respectively.
       (B) Entry of a covered consent decree or settlement 
     agreement.--A party may not make a motion for entry of a 
     covered consent decree or to dismiss a civil action pursuant 
     to a covered settlement agreement until after the end of 
     proceedings in accordance with subparagraph (A) and paragraph 
     (2)(B)(i).
       (2) Publication of and comment on covered consent decrees 
     or settlement agreements.--
       (A) In general.--Not later than 60 days before the date on 
     which a covered consent decree or settlement agreement is 
     filed with a court, the agency seeking to enter the covered 
     consent decree or settlement agreement shall publish in the 
     Federal Register and online the proposed covered consent 
     decree or settlement agreement.
       (B) Public comment.--
       (i) In general.--An agency seeking to enter a covered 
     consent decree or settlement agreement shall accept public 
     comment during the period described in subparagraph (A) on 
     any issue relating to the matters alleged in the complaint in 
     the applicable civil action or addressed or affected by the 
     proposed covered consent decree or settlement agreement.
       (ii) Submissions to court.--When moving that the court 
     enter a proposed covered consent decree or settlement 
     agreement or for dismissal pursuant to a proposed covered 
     consent decree or settlement agreement, an agency shall 
     inform the court of the statutory basis for the proposed 
     covered consent decree or settlement agreement and its terms.
       (3) Review by court.--
       (A) In general.--A court shall review the statutory basis 
     for the proposed covered consent decree or settlement 
     agreement and its terms de novo.
       (B) Review of deadlines.--
       (i) Proposed covered consent decrees.--For a proposed 
     covered consent decree, a court shall not approve the covered 
     consent decree unless the proposed covered consent decree 
     allows sufficient time and incorporates adequate procedures 
     for the agency to comply with chapter 5 of title 5, United 
     States Code, and other applicable statutes that govern 
     rulemaking and, unless contrary to the public interest, the 
     provisions of any Executive order that governs rulemaking.
       (ii) Proposed covered settlement agreements.--For a 
     proposed covered settlement agreement, a court shall ensure 
     that the covered settlement agreement allows sufficient time 
     and incorporates adequate procedures for the agency to comply 
     with chapter 5 of title 5, United States Code, and other 
     applicable statutes that govern rulemaking and, unless 
     contrary to the public interest, the provisions of any 
     Executive order that governs rulemaking.

         Subtitle C--Natural Gas Pipeline Permitting Efficiency

     SEC. 71231. REGULATORY APPROVAL OF NATURAL GAS PIPELINE 
                   PROJECTS.

       Section 7 of the Natural Gas Act (15 U.S.C. 717f) is 
     amended--
       (1) in subsection (d)--
       (A) by striking ``(d) Application for certificates'' and 
     inserting the following:
       ``(d) Application Requirements.--
       ``(1) In general.--An application for a certificate of 
     public convenience and necessity under this section''; and
       (B) by adding at the end the following:
       ``(2) Use of aerial survey data to satisfy preliminary 
     requirements.--A natural-gas company that submits to the 
     Commission an application for a certificate of public 
     convenience and necessity under this section to construct an 
     interstate natural gas pipeline--
       ``(A) with respect to any preliminary requirement for that 
     certification, may use aerial survey data to satisfy the 
     preliminary requirement; but
       ``(B) with respect to each applicable nonpreliminary survey 
     requirement for approval of the certification, shall achieve 
     compliance with the requirement through such other means as 
     the Commission may require.''; and
       (2) by adding at the end the following:
       ``(i) Regulatory Approval of Natural Gas Pipeline 
     Projects.--
       ``(1) Definition of prefiled project.--In this subsection, 
     the term `prefiled project' means a project for the siting, 
     construction, expansion, or operation of a natural gas 
     pipeline with respect to which a prefiling docket number has 
     been assigned by the Commission pursuant to a prefiling 
     process established by the Commission for the purpose of 
     facilitating the formal application process for obtaining a 
     certificate of public convenience and necessity.
       ``(2) Determination on applications.--The Commission shall 
     approve or deny an application for a certificate of public 
     convenience and necessity for a prefiled project by not later 
     than 1 year after the date of receipt of a completed 
     application that is ready to be processed, as determined by 
     the Commission by regulation.
       ``(3) Other federal agencies.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the head of the Federal department or agency responsible for 
     issuing any license, permit, or other approval required under 
     Federal law in connection with a prefiled project for which a 
     certificate of public convenience and necessity is sought 
     under this Act shall approve or deny the license, permit, or 
     other approval by not later than 90 days after the date on 
     which the Commission issues a final environmental document 
     relating to the project.
       ``(B) Extension.--
       ``(i) In general.--The Commission may extend an applicable 
     deadline under subparagraph (A) by not longer than an 
     additional 30 days, if the head of the affected Federal 
     department or agency demonstrates that--

       ``(I) the process of determining whether to approve or deny 
     the applicable license, permit, or other approval cannot be 
     completed by the applicable deadline; and
       ``(II) the department or agency therefore will be compelled 
     to deny the license, permit, or approval.

       ``(ii) Technical assistance.--In providing an extension 
     under this subparagraph, the Commission may offer to the 
     affected Federal department or agency such technical 
     assistance as is necessary to address any condition 
     preventing the completion of the review of the application 
     for the license, permit, or other approval.
       ``(C) Failure to act.--If a Federal department or agency 
     described in subparagraph (A) fails to approve or deny a 
     license, permit, or other approval by the deadline under 
     subparagraph (A) or (B), as applicable--
       ``(i) the license, permit, or approval shall take effect on 
     the date that is 30 days after the expiration of the 
     deadline; and
       ``(ii) the Commission shall incorporate into the terms of 
     the license, permit, or approval any conditions proffered by 
     the Federal department or agency that the Commission does not 
     determine to be inconsistent with any relevant environmental 
     document.''.

     SEC. 71232. RIGHTS-OF-WAY FOR PUBLIC UTILITIES.

       Section 100902(a)(1)(A) of title 54, United States Code, is 
     amended by striking ``and lines for the generation and 
     distribution of electrical power'' and inserting ``lines for 
     the generation and distribution of electrical power, and 
     natural gas or petroleum product pipelines''.

              Subtitle D--Transportation Conformity Reform

     SEC. 71241. LIMITATIONS ON CERTAIN FEDERAL ASSISTANCE UNDER 
                   CLEAN AIR ACT.

       Section 176 of the Clean Air Act (42 U.S.C. 7506) is 
     amended--
       (1) in subsection (c)(1)--
       (A) by striking the undesignated matter following clause 
     (iii) of subparagraph (B); and
       (B) in the fourth sentence, by striking ``Conformity to an 
     implementation plan means--'' and inserting the following:
       ``(a) Definition of Conform.--
       ``(1) In general.--In this section, the term `conform', 
     with respect to the status of an activity, project, program, 
     or plan as determined under an applicable implementation 
     plan, means that the activity, project, program, or plan--'';
       (2) in subsection (a) (as so redesignated)--
       (A) in paragraph (1) (as so redesignated)--
       (i) by striking ``(A) conformity to'' and inserting the 
     following:
       ``(A) achieves compliance with''; and
       (ii) by striking ``(B) that such activities will'' and 
     inserting the following:
       ``(B) will'';
       (B) by moving the subsection (as so amended) to appear at 
     the beginning of the section; and
       (C) by adding at the end the following:
       ``(2) Determination estimates.--For purposes of paragraph 
     (1), a determination regarding the conformity of an activity, 
     project, program, or plan shall be based on the most recent 
     estimates of the emissions of the activity, project, program, 
     or plan, which shall be determined based on the most recent 
     applicable population, employment, travel, and congestion 
     estimates (as determined by the metropolitan planning 
     organization or other agency authorized to make those 
     estimates).'';
       (3) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (4) in subsection (b) (as so redesignated)--
       (A) by striking the subsection designation and all that 
     follows through ``No department'' in the first sentence and 
     inserting the following:
       ``(b) Requirement of Conformity for Federal Assistance.--
       ``(1) Limitations.--
       ``(A) Federal agencies.--No department'';
       (B) in paragraph (1)(A) (as so redesignated)--
       (i) in the first sentence, by striking ``it has'' and 
     inserting ``the implementation plan has'';
       (ii) in the third sentence, by striking ``The assurance of 
     conformity to such an implementation plan'' and inserting the 
     following:
       ``(C) Responsibility for assurance.--The assurance of 
     conformity to an implementation plan approved or promulgated 
     under section 110''; and
       (iii) in the second sentence, by striking ``No 
     metropolitan'' and inserting the following:
       ``(B) Metropolitan planning organizations.--No 
     metropolitan'';
       (C) in paragraph (2)--
       (i) in subparagraph (A), by striking ``of paragraph 
     (1)(B)'' and inserting ``described in subsection (a)(1)(B)'';
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``(i) such a project'' and 
     inserting the following:
       ``(II)(aa) the project'';
       (II) in clause (ii), by striking ``(ii) the design'' and 
     inserting the following:

[[Page S5733]]

       ``(bb) the design'';
       (III) in clause (iii), by striking ``(iii) the design'' and 
     inserting the following:
       ``(cc) the design''; and
       (IV) in the matter preceding clause (i), by striking ``only 
     if it meets either the requirements of subparagraph (D) or 
     the following requirements'' and inserting the following: 
     ``only if--
       ``(I) the transportation project achieves compliance with 
     all applicable requirements of clause (iv); or'';

       (iii) in subparagraph (D), by striking ``subparagraph (C)'' 
     and inserting ``clause (iii)'';
       (iv) in subparagraph (E)--

       (I) in clause (ii), by striking ``clause (i)'' and 
     inserting ``subclause (I)''; and
       (II) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and indenting the 
     subclauses appropriately;

       (v) by redesignating subparagraphs (A) through (E) as 
     clauses (i) through (v), respectively, and indenting the 
     clauses appropriately; and
       (vi) in the matter preceding clause (i) (as so 
     redesignated)--

       (I) in the third sentence, by striking ``In particular--'' 
     and inserting the following:

       ``(C) Additional requirements.--The additional requirements 
     referred to in subparagraph (B)(i)(II) are that--'';

       (II) in the second sentence--

       (aa) by striking ``been found to conform to any applicable 
     implementation plan in effect under this Act.'' and inserting 
     the following: ``been determined--

       ``(I) to conform to an applicable implementation plan in 
     effect under this Act (as determined in accordance with 
     paragraph (4)(B)); and
       ``(II) to achieve compliance with all applicable additional 
     requirements described in subparagraph (C).''; and

       (bb) by striking ``No Federal'' and inserting the 
     following:
       ``(B) Conformity required.--
       ``(i) In general.--Subject to clause (ii), no Federal'';

       (III) in the first sentence, by striking ``(2) Any'' and 
     inserting the following:

       ``(2) Transportation conformity.--
       ``(A) In general.--Each''; and

       (IV) in subparagraph (B) (as designated by subclause 
     (II)(bb)), by adding at the end the following:

       ``(ii) Applicability.--The requirement described in clause 
     (i) shall not apply--

       ``(I) to a transportation plan, program, or project carried 
     out in an area designated under this Act as a marginal 
     nonattainment or attainment-maintenance area; and
       ``(II) in an area that is not an area described in 
     subclause (I), until the date that is 180 days after the date 
     on which the Administrator approves the motor vehicle 
     emissions budget contained in the State implementation plan 
     applicable to the relevant transportation plan, program, or 
     project.'';

       (D) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) in clause (i), by adding ``and'' after the semicolon at 
     the end; and
       (II) by striking clause (iii); and

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``enactment; and'' and all 
     that follows through the end of the undesignated matter 
     following clause (ii) and inserting ``enactment.''; and
       (II) in the matter preceding clause (i), by striking 
     ``projects--'' and all that follows through ``come from'' in 
     clause (i) and inserting ``projects are carried out under'';

       (E) in paragraph (4)--
       (i) in subparagraph (B)--

       (I) by striking ``The Administrator'' and inserting the 
     following:

       ``(i) In general.--Subject to clause (ii), the 
     Administrator''; and

       (II) by adding at the end the following:

       ``(ii) Requirements.--The criteria and procedures 
     promulgated pursuant to clause (i) shall--

       ``(I) be based on the most recently issued national ambient 
     air quality standard for each applicable criteria pollutant; 
     and
       ``(II) establish that conformity in the case of 
     transportation plans, programs, and projects shall not be 
     required--

       ``(aa) in any area designated under this Act as a marginal 
     nonattainment or attainment-maintenance area; and
       ``(bb) with respect to any area that is not an area 
     described in item (aa), until the date that is 180 days after 
     the date on which the Administrator approves the motor 
     vehicle emissions budget contained in the State 
     implementation plan applicable to the relevant transportation 
     plan, program, or project.'';
       (ii) in subparagraph (D)--

       (I) in clause (ii)--

       (aa) in subclause (II), by striking ``paragraph (2)(E)'' 
     and inserting ``paragraph (2)(C)(v)''; and
       (bb) by indenting subclauses (I) and (II) appropriately;

       (II) by indenting clauses (i) through (iii) appropriately; 
     and
       (III) by striking ``(D) The'' and inserting the following:

       ``(D) Minimum requirements.--The''; and
       (iii) in subparagraph (F), by striking ``(F) Compliance'' 
     and inserting the following:
       ``(F) Traffic signal synchronization projects.--
     Compliance'';
       (F) by striking paragraphs (5) and (6);
       (G) by redesignating paragraphs (7) through (9) as 
     paragraphs (5) through (7), respectively;
       (H) in subparagraph (A) of paragraph (5) (as so 
     redesignated), by striking ``Each'' and inserting ``Subject 
     to paragraph (2)(B)(ii)(II), each'';
       (I) in paragraph (7) (as so redesignated), by striking 
     ``If'' and inserting the following:
       ``(A) Definition of lapse.--In this paragraph, the term 
     `lapse', with respect to a conformity determination for a 
     transportation plan or transportation improvement program, 
     means that--
       ``(i) the conformity determination has expired; and
       ``(ii) as a result of that expiration, no currently 
     conforming transportation plan or transportation improvement 
     program exists.
       ``(B) Lapses.--If''; and
       (J) by striking paragraph (10); and
       (5) in subsection (c) (as redesignated by paragraph (3))--
       (A) in the second sentence, by striking ``This paragraph 
     extends to, but is not limited to,'' and inserting the 
     following:
       ``(2) Applicability.--The authority described in paragraph 
     (1) includes any''; and
       (B) by striking the subsection designation and all that 
     follows through ``Federal Government'' and inserting the 
     following:
       ``(c) Priority.--
       ``(1) Requirement.--Each Federal department, agency, and 
     instrumentality''.

     SEC. 71242. STUDY ON TRANSPORTATION AIR QUALITY CONFORMITY 
                   UNDER CLEAN AIR ACT.

       The Administrators of the Environmental Protection Agency, 
     the Federal Highway Administration, and the Federal Transit 
     Administration shall jointly enter into an arrangement with 
     the National Academy of Sciences under which the Academy 
     shall--
       (1) conduct a study relating to transportation air quality 
     conformity to evaluate the effectiveness of the conformity 
     requirements under section 176 of the Clean Air Act (42 
     U.S.C. 7506) (as amended by section 71241); and
       (2) provide to the Administrators recommendations for 
     transportation conformity policy, including suggested 
     legislative and regulatory changes relating to transportation 
     planning and air quality.

 Subtitle E--Increasing State Authority and Collaboration in Reviewing 
                        Transportation Projects

     SEC. 71251. FEDERAL-STATE PROJECT AGREEMENTS.

       Section 106(b) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(3) No federal approval for certain activities.--
       ``(A) In general.--Notwithstanding any other provision of 
     law (including regulations), no approval of the Secretary 
     shall be required under this section for any project 
     described in subparagraph (B), subject to the condition that 
     the project shall be carried out in accordance with all other 
     applicable requirements under this title and title 49.
       ``(B) Description of projects.--A project referred to in 
     subparagraph (A) is any project--
       ``(i) carried out under--

       ``(I) a stewardship and oversight agreement; or
       ``(II) any other agreement under this section; and

       ``(ii) relating to--

       ``(I) the standard specifications of the applicable State 
     transportation department;
       ``(II) the pavement design policy of the State 
     transportation department;
       ``(III) any value engineering policies or procedures of the 
     State transportation department;
       ``(IV) liquidated damage rates;
       ``(V) a quality assurance program of the State 
     transportation department; or
       ``(VI) such other matter as the Secretary, in consultation 
     with State transportation departments, determines to be 
     appropriate.''.

     SEC. 71252. PROJECT APPROVAL AND OVERSIGHT FOR HIGH RISK 
                   PROJECTS.

       Section 106(c)(4) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``shall not assign any responsibilities to 
     a State for projects'' and inserting ``may assign to a State 
     responsibility for a project in the State that''; and
       (B) by inserting ``, subject to the requirement that the 
     project shall be carried out in accordance with all 
     applicable requirements of an agreement between the Secretary 
     and the State under this section'' before the period at the 
     end; and
       (2) in subparagraph (B), by striking ``The Secretary may 
     define the high risk categories under this subparagraph on'' 
     and inserting the following: ``For purposes of subparagraph 
     (A), the Secretary--
       ``(A) shall establish high risk categories in collaboration 
     with State transportation departments; and
       ``(B) may define the categories on''.

     SEC. 71253. ADVANCE ACQUISITION OF REAL PROPERTY.

       Section 108 of title 23, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``may make'' and 
     inserting ``shall make'';
       (2) in subsection (b), by striking ``(b) Federal'' and 
     inserting the following:
       ``(b) Maximum Participation.--Federal'';
       (3) in subsection (c)(3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``State demonstrates to the Secretary and the Secretary 
     finds'' and inserting ``State ensures'';
       (B) in subparagraph (F)--
       (i) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after 
     ``Policy Act'';

[[Page S5734]]

       (ii) by striking ``this Act'' and inserting ``the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 105 Stat. 1914)''; and
       (iii) by inserting ``of 1973 (16 U.S.C. 1531 et seq.)'' 
     after ``Species Act''; and
       (C) in subparagraph (G), by striking ``the Secretary'' and 
     inserting ``the State''; and
       (4) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``a State'' each place it appears and 
     inserting ``the State''; and
       (ii) by striking ``The Secretary may'' and inserting ``On 
     receipt of a request from a State, the Secretary shall'';
       (B) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``, with concurrence by the Secretary,''; 
     and
       (C) in paragraph (7)--
       (i) by striking ``If'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), if''; and
       (ii) by adding at the end the following:
       ``(B) Extension.--On receipt of a request from a State, the 
     Secretary shall delay the effective date of the offset 
     against the apportionment of the State described in 
     subparagraph (A) for such period as the Secretary determines 
     to be appropriate, in accordance with applicable law 
     (including regulations).''.

     SEC. 71254. AGREEMENTS RELATING TO USE OF, AND ACCESS TO, 
                   RIGHTS-OF-WAY ON INTERSTATE SYSTEM.

       Section 111 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the fourth sentence--
       (i) by striking ``Nothing'' and inserting the following:
       ``(4) Effect of section.--Nothing'';
       (ii) by striking ``Interstate System (1) if such 
     establishment (A) was'' and inserting the following: 
     ``Interstate System, if--
       ``(A) the establishment--
       ``(i) was'';
       (iii) by striking ``1960, (B) is owned by a State, and (C) 
     is'' and inserting the following: ``1960;
       ``(ii) is owned by a State; and
       ``(iii) is''; and
       (iv) by striking ``otherwise, and (2) if all'' and 
     inserting the following: ``otherwise; and
       ``(B) all'';
       (B) in the third sentence, by striking ``Such agreements 
     may, however,'' and inserting the following:
       ``(3) Use of airspace.--An agreement described in paragraph 
     (1)(A) may'';
       (C) in the second sentence, by striking ``Such agreements 
     shall also contain a clause providing'' and inserting the 
     following:
       ``(2) Automotive service stations.--An agreement described 
     in paragraph (1)(A) shall include a requirement'';
       (D) by striking the subsection designation and heading and 
     all that follows through ``All agreements between the 
     Secretary and the'' in the first sentence and inserting the 
     following:
       ``(a) Requirements for Agreements.--
       ``(1) Points of access and exit.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each agreement between the Secretary and a''; and
       (E) in paragraph (1) (as so redesignated), by adding at the 
     end the following:
       ``(B) Transfer of authority to states.--On receipt of a 
     request from a State transportation department, the Secretary 
     shall transfer to the State transportation department the 
     sole authority to approve the addition of a point of access 
     to, or exit from, an applicable project on the Interstate 
     System on approval by the State transportation department of 
     a justification report under subsection (e).''; and
       (2) in subsection (e), by striking ``Secretary may permit a 
     State transportation department to approve the report'' and 
     inserting ``Secretary, on receipt of a request from an 
     affected State transportation department, shall transfer to 
     the State transportation department in accordance with 
     subsection (a)(1)(B) the sole authority to approve the 
     addition of the applicable point of access to, or exit from, 
     a relevant project on the Interstate System on approval by 
     the State transportation department of the report''.
                                 ______
                                 
  SA 2305. 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 40106(a)(2) of division D, in the matter 
     preceding subparagraph (A), strike ``than--'' and all that 
     follows through the period at the end of subparagraph (B) and 
     insert ``than 500 kilovolts.''.
       In section 40106(a)(4)(A) of division D, strike ``or 
     replace an existing''.
       In section 40106(d)(4)(A) of division D, strike clause (i) 
     and insert the following:
       (i) from the eligible entities that directly received the 
     services provided by the facilitation activities under 
     subsection (e)(1); or
                                 ______
                                 
  SA 2306. Mr. MARKEY (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 end of section 24216, add the following:
       (c) Rulemaking.--Not later than 2 years after the date on 
     which the Administrator of the National Highway Traffic 
     Safety Administration completes the study under subsection 
     (b)(1), the Administrator shall issue a final rule to enhance 
     the use by the National Highway Traffic Safety Administration 
     of early warning reporting data to enhance safety.
                                 ______
                                 
  SA 2307. Mr. MARKEY (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:

        On page 1037, lines 13 and 14, strike ``an advanced notice 
     of proposed rulemaking'' and insert ``a final rule''.
       On page 1037, lines 16 through 19, strike ``If the 
     Secretary determines that a final rule is appropriate 
     consistent with the considerations described in section 
     30111(b) of title 49, United States Code, in'' and insert 
     ``In''.
                                 ______
                                 
  SA 2308. Mr. MARKEY (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:

        On page 1046, strike lines 4 through 25 and insert the 
     following:
       (1) Rulemaking.--
       (A) In general.--Not later than 2 years after the date of 
     completion of the research under subsection (a), the 
     Secretary shall issue a final rule requiring all new 
     passenger motor vehicles with a gross vehicle weight rating 
     of less than 10,000 pounds to be equipped with a driver 
     monitoring system described in that subsection.
       (B) Deadline.--The rule under subparagraph (A) shall take 
     effect on September 1 of the first calendar year beginning 
     after the date on which the Secretary issues the rule.
                                 ______
                                 
  SA 2309. 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 11515.
                                 ______
                                 
  SA 2310. 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:

        In section 11514, strike subsection (d).
                                 ______
                                 
  SA 2311. Ms. DUCKWORTH (for herself 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 title III of division B, 
     insert the following:

[[Page S5735]]

  


     SEC. 230__. UNIVERSAL ELECTRONIC VEHICLE IDENTIFIER.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall issue a final motor vehicle safety 
     standard that requires a commercial motor vehicle 
     manufactured after the effective date of such standard to be 
     equipped with a universal electronic vehicle identifier that 
     provides a single point of data, such as the Vehicle 
     Identification Number, that--
       (1) identifies the vehicle for compliance, inspection, or 
     enforcement purposes;
       (2) does not transmit personally identifiable information 
     regarding operators; and
       (3) does not create an undue cost burden for operators and 
     carriers.
                                 ______
                                 
  SA 2312. Mr. COONS (for himself, Ms. Murkowski, and 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 2683, line 20, strike ``$10,250,000,000'' and 
     insert ``$11,500,000,000''.
       On page 2683, line 21, strike ``$2,050,000,000'' and insert 
     ``$2,300,000,000''.
       On page 2683, line 23, strike ``$2,050,000,000'' and insert 
     ``$2,300,000,000''.
       On page 2683, line 25, strike ``$2,050,000,000'' and insert 
     ``$2,300,000,000''.
       On page 2684, line 1, strike ``$2,050,000,000'' and insert 
     ``$2,300,000,000''.
       On page 2684, line 3, strike ``$2,050,000,000'' and insert 
     ``$2,300,000,000''.
       On page 2684, line 24, strike ``and''.
       On page 2685, line 4, strike the colon and insert ``; 
     and''.
       On page 2685, between lines 4 and 5, insert the following:
       (4) $1,250,000,000 shall be to carry out passenger ferry 
     grants under section 5307(h) of title 49, United States Code:
                                 ______
                                 
  SA 2313. Mr. PADILLA (for himself 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:

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

     SEC. __. ADVANCED AIR MOBILITY PLANNING GRANT PROGRAM.

       (a) Grants.--
       (1) In general.--The Secretary is authorized to establish a 
     program under which the Secretary awards planning grants to 
     eligible entities to develop a comprehensive plan for the 
     infrastructure that may be necessary to integrate advanced 
     air mobility solutions into the National Airspace System.
       (2) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to grant applications where an 
     eligible entity partners with at least one other--
       (A) transit agency, port authority, airport sponsor, or 
     metropolitan planning organization;
       (B) political subdivision of State, local, or Tribal 
     governments in its region or geographic area; or
       (C) not-for-profit research institution or institution of 
     higher education with relevant experience working with 
     industry on new technology and commercialization.
       (3) Minimum allocation to rural areas.--The Secretary shall 
     ensure that at least 20 percent of amounts made available 
     under subsection (c) are used to award grants to eligible 
     entities located in a rural area.
       (4) Required report.--
       (A) In general.--Not later than 1 year after an eligible 
     entity is awarded a grant under this section, the eligible 
     entity shall submit to the Secretary and the Administrator a 
     report that includes--
       (i) recommendations for methods to ensure that advanced air 
     mobility equitably connects users to existing transportation 
     infrastructure, including multi-modal transportation centers, 
     without compromising safety and efficiency of other 
     facilities and airspace users;
       (ii) a description of potential takeoff and landing 
     locations at existing airports and heliports for low-, 
     medium-, and high-volume operations;
       (iii) a description of potential takeoff and landing 
     locations at new vertiports for 
     low-, medium-, and high-volume operations;
       (iv) a plan for electric charging and other fueling 
     infrastructure;
       (v) a plan for community engagement, including 
     consideration of the noise impact on communities;
       (vi) recommendations for any zoning and permitting changes 
     that would be necessary to implement advanced air mobility;
       (vii) recommendations for any regional or national 
     infrastructure improvements that may be necessary to enable 
     advanced air mobility; and
       (viii) other items determined appropriate by the Secretary.
       (B) Public availability of report.--Each report submitted 
     under subparagraph (A) shall be made available on a public 
     internet website managed by the Administrator.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Aviation Administration.
       (2) Advanced air mobility.--The term ``advanced air 
     mobility'' means an air transportation system that moves 
     people and cargo between places using innovative aircraft 
     designs (such as vertical take-off and landing (VTOL) and new 
     technologies (such as electric or hybrid (fuel and electric) 
     driven propulsion), which are integrated into existing 
     airspace operation as well as operated in local, regional, 
     interregional, rural, and urban environment, and which may 
     include remotely piloted or autonomous aircraft.
       (3) Advanced propulsion.--The term ``advanced propulsion'' 
     means powered by electric, hydrogen, hybrid technology, or 
     other propulsion technology, as defined by the Secretary.
       (4) Eligible entity.--The term ``eligible entity'' means--
       (A) a State;
       (B) a unit of local government;
       (C) a metropolitan planning organization;
       (D) a Tribal government;
       (E) a political subdivision of a State or local government;
       (F) a special purpose district or a public authority with a 
     transportation function, including airport sponsors and port 
     authorities; and
       (G) a group of entities described in subparagraphs (A) 
     through (F).
       (5) High-volume operations.--The term ``high-volume 
     operations'' means more than 1,000 simultaneous advanced air 
     mobility operations taking place in the relevant region or 
     jurisdiction.
       (6) Low-volume operations.--The term ``low-volume 
     operations'' means under 100 simultaneous advanced air 
     mobility operations taking place in the relevant region or 
     jurisdiction.
       (7) Medium-volume operations.--The term ``medium-volume 
     operations'' means more than 100, but less than 1,000, 
     simultaneous advanced air mobility operations taking place in 
     the relevant region or jurisdiction.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (9) Vertiport.--The term ``vertiport'' means a landing and 
     takeoff site that supports advanced air mobility operations.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $12,500,000 for each of fiscal years 2022 and 2023.
                                 ______
                                 
  SA 2314. Mr. PADILLA (for himself, Mr. Booker, 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:

        Beginning on page 126, strike line 17 and all that follows 
     through page 127, line 3, and insert the following:
       a national ambient air quality standard;
       ``(11) if the project is on a marine highway corridor, 
     connector, or crossing designated by the Secretary under 
     section 55601(c) of title 46 (including an inland waterway 
     corridor, connector, or crossing) that--
       ``(A) is functionally connected to the Federal-aid highway 
     system; and
       ``(B) the Secretary determines is likely to contribute to 
     the attainment or maintenance of a national ambient air 
     quality standard; or
       ``(12) the project or program of projects involves the 
     deployment of hyperlocal air quality mobile monitoring 
     systems primarily to monitor transportation-related 
     emissions.'';
       On page 130, strike lines 12 and 13 and insert the 
     following
       ``(ii) an urbanized area with a population of 200,000 or 
     fewer.
       ``(n) Definition of Hyperlocal Air Quality Mobile 
     Monitoring System.--In this section, the term `hyperlocal air 
     quality mobile monitoring system' means a method of 
     monitoring and mapping ambient air quality and greenhouse 
     gases and detecting the presence of pollutants using mobile 
     vehicles that--
       ``(1) yields frequently repeated, ongoing measurements of 
     pollutants and greenhouse gases at a block-level of 
     resolution; and
       ``(2) identifies hotspots of persistent elevated levels of 
     pollutants and greenhouse gases.''.
                                 ______
                                 
  SA 2315. 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

[[Page S5736]]

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

        In section 11101(b)(1), add at the end the following:
       (H) National scenic byways program.--For the national 
     scenic byways program under section 162 of title 23, United 
     States Code--
       (i) $55,000,000 for fiscal year 2022;
       (ii) $60,000,000 for fiscal year 2023;
       (iii) $65,000,000 for fiscal year 2024;
       (iv) $70,000,000 for fiscal year 2025; and
       (v) $75,000,000 for fiscal year 2026.
                                 ______
                                 
  SA 2316. 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:

        Beginning on page 638, strike line 25 and all that follows 
     through page 639, line 1, and insert the following:
       scribed in subsection (b)(2);
       ``(H) a project or series of projects to reduce 
     transportation emissions (including associated infrastructure 
     improvements to support infill development and transit-
     oriented development and to increase nonmotorized trips), 
     subject to the conditions that--
       ``(i) the project or series of projects shall directly 
     improve the efficiency of existing surface transportation 
     infrastructure, as determined by the Secretary; and
       ``(ii) the Federal share of the project or series of 
     projects shall be used to fund only the elements of the 
     project or series that provide public benefits; and
       ``(I) any other surface transportation in-
                                 ______
                                 
  SA 2317. 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, insert the following:

     SEC. __. RESCISSION OF UNOBLIGATED AMERICAN RESCUE PLAN ACT 
                   FUNDS.

       Effective on the date of enactment of this Act--
       (1) the Secretary of the Treasury, in consultation with the 
     Director of the Office of Management and Budget, shall 
     identify all unobligated balances of amounts made available 
     under the American Rescue Plan Act of 2021 (Public Law 117-
     2), or an amendment made by that Act, excluding amounts made 
     available for purposes of COVID-19 vaccinations or personal 
     protective equipment; and
       (2) all of such unobligated balances are rescinded.
                                 ______
                                 
  SA 2318. Mr. HOEVEN (for himself 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 H, insert the 
     following:

     SEC. __. ELECTIVE PAYMENT FOR CARBON OXIDE SEQUESTRATION.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 6431. ELECTIVE PAYMENT FOR CARBON OXIDE SEQUESTRATION.

       ``(a) Energy Property.--In the case of a taxpayer making an 
     election (at such time and in such manner as the Secretary 
     may provide) under this section with respect to any portion 
     of a carbon oxide sequestration credit which would (without 
     regard to this section) be determined under section 45Q with 
     respect to such taxpayer, such taxpayer shall be treated as 
     making a payment against the tax imposed by subtitle A for 
     the taxable year equal to the amount of such portion.
       ``(b) Timing.--The payment described in subsection (a) 
     shall be treated as made on the later of the due date of the 
     return of tax for such taxable year or the date on which such 
     return is filed.
       ``(c) Exclusion From Gross Income.--Gross income of the 
     taxpayer shall be determined without regard to this section.
       ``(d) Denial of Double Benefit.--Solely for purposes of 
     section 38, in the case of a taxpayer making an election 
     under this section, the carbon oxide sequestration credit 
     determined under section 45Q shall be reduced by the amount 
     of the portion of such credit with respect to which the 
     taxpayer makes such election.''.
       (b) Special Rule for Proceeds of Transfers for Mutual or 
     Cooperative Electric Companies.--Section 501(c)(12)(I) of the 
     Internal Revenue Code of 1986 is amended by inserting ``or 
     6431(a)'' after ``section 45J(e)(1)''.
       (c) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 65 of such Code is amended by adding 
     at the end the following new item:

``Sec. 6431. Elective payment for carbon oxide sequestration.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2319. Mr. HOEVEN (for himself and Ms. 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 end of division G, add the following:

           TITLE XII--FLEXIBLE FINANCING FOR RURAL UTILITIES

     SEC. 71201. LOAN ADJUSTMENTS FOR CRITICAL RURAL UTILITY 
                   SERVICE PROVIDERS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the borrower of a qualified loan 
     described in subsection (b) may submit to the Secretary of 
     Agriculture (referred to in this section as the 
     ``Secretary'') a request to adjust the interest rate or 
     modify any other term of the qualified loan, which shall 
     include a report summarizing how the adjustment or 
     modification will assist the borrower in providing critical 
     utility services to a rural community.
       (b) Qualified Loan Described.--A qualified loan referred to 
     in subsection (a) is a loan made or guaranteed on or before 
     the date of enactment of this Act under--
       (1) section 4, 201, 305, 306, or 601 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 904, 922, 935, 936, 
     950bb); or
       (2) the program carried out under the matter under the 
     heading ``distance learning, telemedicine, and broadband 
     program'' in title I of division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
     118) (commonly known as the ``Broadband Initiatives 
     Program'').
       (c) Adjustment of Interest Rate; Modification of Loan 
     Terms.--
       (1) In general.--On receipt by the Secretary of a request 
     made under subsection (a) with respect to a loan, the 
     Secretary, or the Secretary of the Treasury in the case of a 
     loan owned by the Federal Financing Bank--
       (A) in the case of a request for an interest rate 
     adjustment, shall adjust the interest rate on the loan to the 
     cost of funds to the Department of the Treasury for 
     obligations of comparable maturity to the term remaining on 
     the outstanding balance of the loan or other such higher rate 
     as the borrower may request; and
       (B) in the case of a request for a modification to a loan 
     term other than the adjustment described in subparagraph (A), 
     may use the authorities provided in sections 2, 201, 306C and 
     703 of the Rural Electrification Act of 1936 (7 U.S.C. 902, 
     922, 936c, 950cc-2) and section 331(b)(4) of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1981(b)(4)) to make 
     such other modifications to the loan terms that the 
     Secretary, in consultation with the Secretary of the Treasury 
     in the case of a loan owned by the Federal Financing Bank, 
     determines are necessary--
       (i) to address changes in the financial position of the 
     borrower due to the public health emergency declared by the 
     Secretary of Health and Human Services under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d) on January 31, 
     2020, with respect to COVID-19 (or any renewal of that 
     declaration); and
       (ii) to promote the financial sustainability of the 
     borrower.
       (2) Effective date.--An adjustment or modification under 
     subparagraph (A) or (B), respectively, of paragraph (1) shall 
     apply--
       (A) beginning on the first calendar day after the payment 
     date immediately following the request; but
       (B) not earlier than 30 days after the date of the request.
       (d) No Fees or Penalties.--In carrying out this section, 
     the Secretary, or the Secretary of the Treasury in the case 
     of a loan owned by the Federal Financing Bank, shall not 
     impose or collect any fee from, or impose any penalty on, a 
     borrower.
       (e) Notice.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of the Treasury, shall publish in the Federal 
     Register a notice of the benefits available to borrowers 
     under this section.

[[Page S5737]]

       (f) Appropriations; Reimbursements.--
       (1) In general.--Out of any amounts in the Treasury not 
     otherwise appropriated--
       (A) there are appropriated to the Secretary such sums as 
     are necessary, to remain available until December 31, 2021, 
     for the cost of interest rate adjustments under subsection 
     (c)(1)(A);
       (B) there is appropriated to the Secretary $300,000,000, to 
     remain available until December 31, 2021, for the cost of 
     modifications under subsection (c)(1)(B); and
       (C) there are appropriated to the Federal Financing Bank 
     such sums as are necessary, to remain available until 
     December 31, 2023, for the liquidation of residual 
     intragovernmental amounts owed by the Federal Financing Bank 
     in connection with qualified loans described in subsection 
     (b) modified after the date of enactment of this Act.
       (2) Calculation.--For purposes of paragraph (1)(C), the 
     calculation of the sums necessary for the liquidation of 
     residual intragovernmental amounts owed shall take into 
     account all amounts otherwise transferred to the Federal 
     Financing Bank for the qualified loans described in that 
     paragraph.
       (3) Emergency designation.--
       (A) In general.--The amounts provided by this section are 
     designated as an emergency requirement pursuant to section 
     4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 
     933(g)).
       (B) Designation in senate.--In the Senate, this section is 
     designated 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.
                                 ______
                                 
  SA 2320. 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 title VI of division H, add the following:

     SEC. 806__. ADDITIONAL DEDUCTION FOR COST OF CERTAIN 
                   MATERIALS PURCHASED DIRECTLY FROM A DOMESTIC 
                   SMELTER OR PROCESSOR.

       (a) Findings.--Congress finds the following:
       (1) It is in America's best interest to ensure a robust and 
     secure domestic supply chain for U.S. manufacturers.
       (2) The United States' increasing reliance on foreign 
     sources of metals and minerals threatens our economic and 
     national security while providing our geopolitical rivals, 
     such as China and Russia, leverage over our economy.
       (3) Incentivizing domestic mineral and metal production and 
     the purchase of these materials will make our nation's supply 
     chains more secure and resilient.
       (b) Deduction.--Part VI of subchapter B of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     section 181 the following new section:

     ``SEC. 182. ADDITIONAL DEDUCTION FOR COST OF CERTAIN 
                   MATERIALS PURCHASED DIRECTLY FROM A DOMESTIC 
                   SMELTER OR PROCESSOR.

       ``(a) In General.--There shall be allowed as a deduction 
     (in addition to any other deduction allowed under this 
     chapter for the cost of specified domestically-produced 
     materials) an amount equal to 10 percent of the cost of 
     specified domestically-produced materials if such materials 
     are acquired by the taxpayer directly from the domestic 
     smelter or processor of such material.
       ``(b) Specified Domestically-produced Materials.--For 
     purposes of this section--
       ``(1) In general.--The term `specified domestically-
     produced materials' means any of the following:
       ``(A) Any specified material which is a mine product that 
     is smelted or processed in the United States.
       ``(B) Any specified material which is a mine tailings 
     product which is beneficiated in the United States.
       ``(C) Any specified material which is metal or metal 
     compound production which is--
       ``(i) reprocessed from slags or residues in the United 
     States, or
       ``(ii) melted, sputtered, or otherwise produced in the 
     United States.
       ``(D) Any specified material which is an alloy produced by 
     melting together metals in the United States.
       ``(E) Any specified material which is a magnet which is 
     sintered or bonded and magnetized in the United States.
       ``(2) Specified material.--
       ``(A) In general.--The term `specified material' means 
     minerals that are necessary--
       ``(i) for the national defense and national security 
     requirements,
       ``(ii) for the energy infrastructure of the United States, 
     including--

       ``(I) pipelines,
       ``(II) refining capacity,
       ``(III) electrical power generation and transmission, and
       ``(IV) renewable energy production,

       ``(iii) for community resiliency, coastal restoration, and 
     ecological sustainability for the coastal United States,
       ``(iv) to support domestic manufacturing, agriculture, 
     housing, telecommunications, healthcare, and transportation 
     infrastructure, or
       ``(v) for the economic security of, and balance of trade 
     in, the United States.
       ``(B) Exceptions.--Such term shall not include--
       ``(i) fuel minerals, including oil, natural gas, or any 
     other fossil fuels,
       ``(ii) water, ice, or snow, or
       ``(iii) sand, stone, gravel, pumice, pumicite, cinders, or 
     clay.
       ``(c) Domestic Smelter or Processor.--For purposes of this 
     section, the term `domestic smelter or processor' means--
       ``(1) in the case of specified domestically-produced 
     materials described in subsection (b)(1)(A), a person in the 
     trade or business of smelting or processing such material,
       ``(2) in the case of specified domestically-produced 
     materials described in subsection (b)(1)(B), a person in the 
     trade or business of beneficiating such material,
       ``(3) in the case of specified domestically-produced 
     materials described in subsection (b)(1)(C)(i), a person in 
     the trade or business of reprocessing such material,
       ``(4) in the case of specified domestically-produced 
     materials described in subsection (b)(1)(C)(ii), a person in 
     the trade or business of melting, sputtering, or producing by 
     melting together such materials,
       ``(5) in the case of specified domestically-produced 
     materials described in subsection (b)(1)(D), a person in the 
     trade or business of producing such material, and
       ``(6) in the case of specified domestically-produced 
     materials described in subsection (b)(1)(E), a person in the 
     trade or business of sintering or bonding such materials.''.
       (c) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 of such Code is amended by 
     inserting after the item relating to section 181 the 
     following new item:

``Sec. 182. Additional deduction for cost of certain materials 
              purchased directly from a domestic smelter or 
              processor.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 2321. 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 title X of division D, add the following:

     SEC. 410__. FUNDING LIMITATION.

       (a) In General.--Funding made available by this title shall 
     only be made available for the application or deployment of 
     established technologies with documented performance and an 
     existing commercialization record in order to ensure the 
     timely and desired outcome and performance of the activities 
     funded by this title.
       (b) Technology Readiness.--For purposes of determining 
     whether a technology meets the criteria described in 
     subsection (a), the technology readiness level of the 
     technology shall be greater than or equal to 8, as defined by 
     the Technology Readiness Assessment Guide of the Government 
     Accountability Office (report number GAO-16-410G, dated 
     August 2016).
                                 ______
                                 
  SA 2322. 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:

        In section 40321(b) of subtitle C of title III of division 
     D, strike ``Committee on Energy and Natural Resources of the 
     Senate'' and insert ``Committees on Energy and Natural 
     Resources and Armed Services of the Senate''.
       In section 40321(b) of subtitle C of title III of division 
     D, insert ``, Armed Services,'' after ``Energy and 
     Commerce''.
       In section 40321(c)(1) of subtitle C of title III of 
     division D, in the matter preceding subparagraph (A), insert 
     ``, in consultation with the Department of Defense,'' after 
     ``by the Department''.
       In section 40321(c) of subtitle C of title III of division 
     D, add at the end the following:
       (6) A strategy for studying the use of small modular 
     reactors and micro-reactors to power Department of Defense 
     installations domestically.
                                 ______
                                 
  SA 2323. Mrs. BLACKBURN submitted an amendment intended to be 
proposed to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema

[[Page S5738]]

(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__. HOV FACILITIES EXCEPTION FOR ACTIVE TRAFFIC 
                   MANAGEMENT STRATEGIES.

       Section 166(b) of title 23, United States Code (as amended 
     by section 11527), is amended--
       (1) in paragraph (1), by striking ``through (5)'' and 
     inserting ``through (7)''; and
       (2) by adding at the end the following:
       ``(7) Active traffic management strategies.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Active traffic management.--The term `active traffic 
     management' means the ability--

       ``(I) dynamically to manage traffic congestion based on 
     prevailing and predicted traffic conditions; and
       ``(II) to maximize the effectiveness and efficiency of a 
     HOV facility with respect to trip reliability.

       ``(ii) Active traffic management strategy.--The term 
     `active traffic management strategy' means a strategy 
     implemented for purposes of active traffic management, 
     including--

       ``(I) speed advisory controls;
       ``(II) dynamic lane assignment;
       ``(III) dynamic hard shoulder running; and
       ``(IV) adaptive ramp metering.

       ``(B) Exception.--A public authority operating a HOV 
     facility may implement 1 or more active traffic management 
     strategies to replace the HOV facility in any case in which, 
     as determined by the public authority, research and analysis 
     demonstrate that the active traffic management strategy will 
     result in--
       ``(i) an improvement in overall safety; and
       ``(ii) reduction in traffic congestion.''.
                                 ______
                                 
  SA 2324. 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 division G, add the following:

                      TITLE XII--CERTS ACT FUNDING

     SEC. 71201. REALLOCATION OF FUNDING FOR CERTS ACT.

       Notwithstanding any other provision of this Act (or an 
     amendment made by this Act), the following amounts shall be 
     reallocated to carry out the Coronavirus Economic Relief for 
     Transportation Services Act (subtitle B of title IV of 
     division N of Public Law 116-260; 134 Stat. 1182):
       (1) $2,000,000,000 of the total amount authorized to be 
     appropriated for Northeast Corridor grants under section 
     22101(a).
       (2) $1,000,000,000 of the total amount authorized to be 
     appropriated for National Network grants under section 
     22101(b).
       (3) $1,000,000,000 of the total amount authorized to be 
     appropriated for transit infrastructure grants of the Federal 
     Transit Administration under title VIII of division J.
       (4) $500,000,000 of the total amount authorized to be 
     appropriated to carry out the clean school bus program under 
     subsection (f) of section 741 of the Energy Policy Act of 
     2005 (42 U.S.C. 16091) (as amended by section 71101).
       (5) $500,000,000 of the total amount authorized to be 
     appropriated to carry out the electric or low-emitting ferry 
     pilot program under section 71102(d).
                                 ______
                                 
  SA 2325. 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 division G, add the following:

TITLE XII--FEDERALLY FUNDED PROJECTS AND ACTIVITIES NOT IN METROPOLITAN 
                           STATISTICAL AREAS

     SEC. 71201. FEDERALLY FUNDED PROJECTS AND ACTIVITIES NOT IN 
                   METROPOLITAN STATISTICAL AREAS.

       Notwithstanding any other provision of law, the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
     and division A of subtitle III of title 54, United States 
     Code (formerly known as the ``National Historic Preservation 
     Act''), shall not apply to any project or activity that--
       (1) is not located in a metropolitan statistical area (as 
     defined by the Office of Management and Budget); and
       (2) is carried out using Federal funds.
                                 ______
                                 
  SA 2326. 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 appropriate place in division F, insert the 
     following:

     SEC. ___. APPLICATION OF NEPA AND NHPA TO COVERED 
                   COMMUNICATIONS PROJECTS.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Communications facility.--The term ``communications 
     facility'' includes--
       (A) any wireless or wireline infrastructure for the 
     transmission of writing, signs, signals, data, images, 
     pictures, or sounds of all kinds;
       (B) any transmitting device, tower, or support structure, 
     and any equipment, switches, wiring, cabling, power sources, 
     shelters, or cabinets, associated with the provision of 
     communications services; and
       (C) any antenna or apparatus that--
       (i) is designed for the purpose of emitting radio 
     frequency;
       (ii) is designed to be operated, or is operating, from a 
     fixed location; and
       (iii) is added to a tower, building, or other structure.
       (3) Communications service.--The term ``communications 
     service'' means a service for the transmission of writing, 
     signs, signals, data, images, pictures, or sounds of all 
     kinds.
       (4) Covered project.--The term ``covered project'' means a 
     project that--
       (A) is to be carried out within an area for which the 
     President has declared a major disaster or an emergency under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.);
       (B) is to be carried out not later than 5 years after the 
     date on which the President made the declaration; and
       (C)(i) replaces a communications facility damaged by the 
     disaster or emergency; or
       (ii) makes improvements to a communications facility--
       (I) that could reasonably be considered as necessary for 
     recovery from the disaster or emergency; or
       (II) to prevent or mitigate damage to the communications 
     facility from a future disaster or emergency.
       (b) NEPA Considerations.--The Commission shall treat a 
     covered project as a class of action categorically excluded 
     under section 1508.4 of title 40, Code of Federal Regulations 
     (or a successor regulation), from any requirement to prepare 
     an environmental assessment or environmental impact statement 
     under section 102(2)(C) of the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4332(2)(C)).
       (c) National Historic Preservation Considerations.--Section 
     306108 of title 54, United States Code, shall not apply with 
     respect to a covered project--
       (1) for which the Commission is required to issue a permit; 
     or
       (2) that is otherwise subject to the jurisdiction of the 
     Commission.
                                 ______
                                 
  SA 2327. 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 2058, line 14, insert before ``from eligibility'' 
     the following: ``, except for municipal broadband providers 
     that are prohibited by State law from offering broadband 
     service in the applicable jurisdiction,''.

                                 ______
                                 
  SA 2328. 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 2053, strike lines 12 through 16 and insert the 
     following:

     of such individuals; and
       (5) broadband adoption, including programs to provide 
     affordable internet-capable devices.

[[Page S5739]]

  

                                 ______
                                 
  SA 2329. 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 2054, beginning on line 17, strike ``, except that 
     the'' and all that follows through ``project'' on line 23.

                                 ______
                                 
  SA 2330. 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:

       In section 11519, strike subsection (b) and insert the 
     following:
       (b) Improving the Emergency Relief Program.--Not later than 
     90 days after the date of enactment of this Act, the 
     Secretary shall--
       (1) establish categorical exclusions from the requirements 
     of the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.) and necessary exemptions from the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.) for emergency 
     relief projects that are not located in metropolitan 
     statistical areas (as defined by the Office of Management and 
     Budget);
       (2) revise the emergency relief manual of the Federal 
     Highway Administration--
       (A) to include and reflect the definition of the term 
     ``resilience'' (as defined in section 101(a) of title 23, 
     United States Code);
       (B) to identify procedures that States may use to 
     incorporate resilience into emergency relief projects; and
       (C) to encourage the use of Complete Streets design 
     principles and consideration of access for moderate- and low-
     income families impacted by a declared disaster;
       (3) develop best practices for improving the use of 
     resilience in--
       (A) the emergency relief program under section 125 of title 
     23, United States Code; and
       (B) emergency relief efforts;
       (4) provide to division offices of the Federal Highway 
     Administration and State departments of transportation 
     information on the best practices developed under paragraph 
     (3); and
       (5) develop and implement a process to track--
       (A) the consideration of resilience as part of the 
     emergency relief program under section 125 of title 23, 
     United States Code; and
       (B) the costs of emergency relief projects.
                                 ______
                                 
  SA 2331. 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 1318, line 3, strike ``The term'' and insert 
     ``Except as otherwise expressly provided, the term''.

       On page 1420, beginning on line 15, strike ``In this'' and 
     all that follows through ``section'' on line 16, and insert 
     ``Except as otherwise expressly provided, in this section''.

       On page 1426, between lines 2 and 3, insert the following:
       (h) National Blockchain Implementation Policy Program.--
       (1) Definitions.--In this subsection:
       (A) Critical mineral.--The term ``critical mineral'' has 
     the meaning given the term in Executive Order 13817 (30 
     U.S.C. 1601 note; relating to a Federal strategy to ensure 
     secure and reliable supplies of critical minerals).
       (B) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (C) Program.--The term ``Program'' means the National 
     Blockchain Implementation Policy Program established by the 
     Secretary under paragraph (2)(A).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (2) Program.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish in the 
     Department of Commerce a program to be known as the National 
     Blockchain Implementation Policy Program.
       (B) Requirements.--In carrying out the Program, the 
     Secretary, acting in coordination with such Federal agencies, 
     advisory councils, working groups, and subcommittees as the 
     Secretary considers appropriate, shall--
       (i) establish the goals, priorities, and metrics for a 5-
     year plan to accelerate the development of blockchain 
     technology, and the applications for blockchain technology, 
     in the United States;
       (ii) monitor global regulatory developments to--

       (I) assess the competitiveness of the United States with 
     respect to the supply chain of critical minerals; and
       (II) develop policy solutions in the United States with 
     respect to the supply chain of critical minerals;

       (iii) in order to achieve the purposes described in clause 
     (i), pursue fundamental research, development, demonstration, 
     and other activities with respect to blockchain technology;
       (iv) invest in activities to develop a blockchain 
     technology workforce pipeline;
       (v) provide for interagency planning and coordination of 
     research, development, demonstration, standards engagement, 
     and other activities with respect to blockchain technology;
       (vi) partner with private industry, institutions of higher 
     education, and the National Laboratories to leverage 
     knowledge and resources with respect to blockchain 
     technology; and
       (vii) leverage Federal investments regarding blockchain 
     technology that are in existence, as of the date on which the 
     Program is established, to advance the goals of the Program, 
     including the purposes described in clause (i).
                                 ______
                                 
  SA 2332. 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 appropriate place in division A, insert the 
     following:

     SEC. __. DEADLINE FOR AUTHORIZATION DECISIONS FOR MAJOR 
                   INFRASTRUCTURE PROJECTS.

       (a) Definitions.--In this section:
       (1) Lead federal agency.--The term ``lead Federal agency'' 
     means the Federal agency that is responsible for navigating a 
     major infrastructure project through environmental review and 
     authorization processes.
       (2) Major infrastructure project.--The term ``major 
     infrastructure project'' means an infrastructure project for 
     which--
       (A) multiple authorizations by Federal agencies will be 
     required to proceed with construction;
       (B) the lead Federal agency has determined that it will 
     prepare an environmental impact statement under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       (C) the project sponsor has identified the reasonable 
     availability of funds sufficient to complete the project.
       (b) Deadline for Authorization Decisions.--Not later than 
     90 days after the date on which the head of a lead Federal 
     agency issues a record of decision following the completion 
     of an environmental impact statement under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     all Federal authorization decisions relating to the 
     construction of a major infrastructure project shall be 
     completed, on the condition that such final environmental 
     impact statement includes an adequate level of detail to 
     inform agency decisions pursuant to specific statutory 
     authority and requirements.
       (c) Extension.--The head of a lead Federal agency may 
     extend the deadline referred to in subsection (b) if the head 
     of the lead Federal agency determines that--
       (1) Federal law prohibits the Federal agency from issuing 
     an approval or permit within the 90-day period;
       (2) the project sponsor requests that the permit or 
     approval follow a different timeline; or
       (3) an extension would better promote completion of the 
     environmental review and authorization process of the 
     project.
                                 ______
                                 
  SA 2333. 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 appropriate place in division A, insert the 
     following:

     SEC. __. USE OF PREVIOUS ENVIRONMENTAL STUDIES, ANALYSES, AND 
                   DECISIONS FOR CURRENT PROJECTS.

       In carrying out requirements under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     a current project, a Federal agency may use an environmental 
     study, analysis, or decision conducted in support of previous 
     Federal, State, Tribal, or

[[Page S5740]]

     local environmental reviews or authorization decisions.
                                 ______
                                 
  SA 2334. 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 1065, line 17, insert ``, motorcyclists,'' after 
     ``bicyclists''.
                                 ______
                                 
  SA 2335. 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 $1,200,000,000, 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 $1,200,000,000 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 2336. 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:

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

     SEC. __. TRIBAL TRANSPORTATION.

       (a) Tribal Transportation Program.--
       (1) In general.--Section 202 of title 23, United States 
     Code, is amended--
       (A) in subsection (a)(9)(A), by striking ``construction and 
     improvement'' and inserting ``construction, improvement, and 
     highway safety'';
       (B) in subsection (b)--
       (i) in paragraph (1)--

       (I) by striking subparagraph (D) and inserting the 
     following:

       ``(D) Additional facilities.--
       ``(i) In general.--Not later than 270 days after the date 
     of enactment of the Infrastructure Investment and Jobs Act, 
     and not less frequently than every 3 years thereafter, the 
     Secretary of the Interior shall publish in the Federal 
     Register a notice requesting proposals from Indian tribes to 
     include additional transportation facilities that are 
     eligible for funding under the tribal transportation program 
     in the inventory described in subparagraph (A), if those 
     proposed additional facilities are included in the inventory 
     in a uniform and consistent manner nationally.
       ``(ii) Rule of construction.--Nothing in this 
     subparagraph--

       ``(I) prohibits the Secretary of the Interior from 
     including in the inventory under subparagraph (A) additional 
     transportation facilities more frequently than required under 
     clause (i), including, as necessary, in response to a 
     proposal from an eligible Indian tribe submitted during a 
     period not described in the notice under clause (i); or
       ``(II) requires Indian tribes to submit proposals to the 
     Secretary of the Interior in response to the notice required 
     under clause (i).''; and
       (II) by adding at the end the following:

       ``(F) Public availability.--The Secretary of the Interior 
     shall ensure that all non-confidential information within the 
     inventory described in subparagraph (A) is made available--
       ``(i) in a user-friendly manner on the public website of 
     the Department of the Interior; and
       ``(ii) in a manner capable of being searched and downloaded 
     by users of the public website of the Department of the 
     Interior.''; and
       (ii) in paragraph (3)(B), in the matter preceding clause 
     (i), by striking ``fiscal year 2012'' and inserting ``the 
     most recent fiscal year for which data is available'';
       (C) in subsection (c)--
       (i) in paragraph (3)--

       (I) in subparagraph (A), by striking ``; and'' at the end 
     and inserting a period;
       (II) by striking subparagraph (B); and
       (III) in the matter preceding subparagraph (A), by striking 
     ``shall be--'' and all that follows through ``selected by'' 
     in subparagraph (A), and inserting ``shall be selected by''; 
     and

       (ii) by adding at the end the following:
       ``(4) Nationally significant federal lands and tribal 
     projects program.--Notwithstanding any other provision of 
     this section, amounts made available to Indian tribes under 
     subsection (b)(3) may be used for planning and design 
     activities related to applications for grants under the 
     nationally significant Federal lands and tribal projects 
     program under section 1123 of the FAST Act (23 U.S.C. 201 
     note; Public Law 114-94).''; and
       (D) in subsection (e)(2), by striking ``as appropriate,'' 
     and inserting ``subject to subsection (a)(9),''.
       (2) Inspector general review.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Inspector General of the 
     Department and the Inspector General of the Department of the 
     Interior shall jointly begin an audit of the tribal 
     transportation program under section 202 of title 23, United 
     States Code (referred to in this subsection as the 
     ``program'').
       (B) Review.--The audit under subparagraph (A) shall 
     include--
       (i) a review of the data collection and management 
     processes used by the Secretary of the Interior in 
     maintaining the national inventory of tribal transportation 
     facilities under section 202(b)(1) of title 23, United States 
     Code; and
       (ii) a review of the administration of the program, 
     including whether--

       (I) funding under the program is distributed in a timely 
     manner that is consistent with statutory and regulatory 
     requirements; and
       (II) the current procedures and practices used by the 
     Secretary of the Interior to allocate funding for tribal 
     transportation facilities (as defined in section 101(a) of 
     title 23, United States Code) under the program are 
     transparent and consistently applied.

       (C) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department and the Inspector General of the Department of the

[[Page S5741]]

     Interior shall jointly submit a report describing the results 
     of the audit under subparagraph (A) to--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Indian Affairs of the Senate;
       (iii) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (iv) the Committee on Natural Resources of the House of 
     Representatives.
       (3) Comptroller general review.--
       (A) In general.--The Comptroller General of the United 
     States (referred to in this paragraph as the ``Comptroller 
     General'') shall initiate an audit of the program.
       (B) Review.--The audit under subparagraph (A) shall include 
     an examination of--
       (i) the funding formula of the program under section 
     202(b)(3) of title 23, United States Code, including key 
     decisions made over time that have affected the methods used 
     to determine tribal shares of program funds;
       (ii) whether, for purposes of allocating funding under 
     section 202 of title 23, United States Code, the allocation 
     methodology under subpart D of part 1000 of title 24, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act), provides an accurate and reliable estimate of 
     tribal population;
       (iii) potential alternatives to the methodology described 
     in clause (ii) for purposes of allocating funding under 
     section 202 of title 23, United States Code;
       (iv) how the Secretary of the Interior ensures that--

       (I) the program is consistently administered; and
       (II) program decisions are transparently and consistently 
     made; and

       (v) the potential effects of having the program 
     administered solely by the Secretary of the Interior or the 
     Secretary.
       (C) Report.--Not later than 540 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report describing the results of the audit under subparagraph 
     (A) to--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Indian Affairs of the Senate;
       (iii) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (iv) the Committee on Natural Resources of the House of 
     Representatives.
       (4) Obligation limitations.--Notwithstanding section 
     1102(a) of the FAST Act (23 U.S.C. 104 note; Public Law 114-
     94) or any other provision of law providing a limitation on 
     obligations for Federal-aid highway and highway safety 
     construction programs for a fiscal year, amounts made 
     available to carry out the tribal transportation program 
     under section 202 of title 23, United States Code, for a 
     fiscal year shall not be subject to the obligation limitation 
     for that fiscal year.
       (b) Transportation Facility Eligibility.--
       (1) Definitions.--In this subsection:
       (A) Inventory.--The term ``inventory'' means the national 
     inventory of tribal transportation facilities under section 
     202(b) of title 23, United States Code.
       (B) Proposed road.--The term ``proposed road'' means a 
     proposed road or facility (as defined in section 170.5 of 
     title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act)) that is a road, including a 
     primary access route (as defined in that section).
       (2) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, and not less frequently than every 3 
     years thereafter, the Secretary and the Secretary of the 
     Interior shall require each Indian Tribe that intends to 
     include a proposed road in the inventory to complete and 
     submit for approval the documentation and other information 
     required under section 170.443(a) of title 25, Code of 
     Federal Regulations (as in effect on November 6, 2019), for 
     the proposed road.
       (3) Report.--
       (A) In general.--Not later than 180 days after each 
     deadline described in paragraph (2), the Secretary of the 
     Interior shall submit to the Committee on Indian Affairs of 
     the Senate and the Committee on Natural Resources of the 
     House of Representatives a report describing the proposed 
     roads approved to be included in the inventory.
       (B) Requirements.--Each report under subparagraph (A) shall 
     include, for each Indian reservation, Alaska Native village, 
     or other recognized Indian community (including former Indian 
     reservations in the State of Oklahoma)--
       (i) the mileage of proposed roads included in the inventory 
     before the deadline described in paragraph (2);
       (ii) the mileage of proposed roads approved to be included 
     in the inventory on the basis of the documentation and other 
     information submitted under paragraph (2); and
       (iii) an estimate, based on the documentation and other 
     information submitted under paragraph (2), of the 
     construction and maintenance costs of the proposed roads 
     described in clause (ii).
       (c) Tribal Highway Safety Partnerships.--Section 402 of 
     title 23, United States Code, is amended--
       (1) in subsection (b)(1)(C), by striking ``by'' and 
     inserting ``by, or on behalf of,''; and
       (2) in subsection (h)(2)--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) In general.--Notwithstanding''; and
       (B) by adding at the end the following:
       ``(B) Cooperation.--In accordance with section 
     202(a)(9)(A), an Indian tribe may use amounts described in 
     subparagraph (A) in cooperation with States, counties, and 
     other local subdivisions for highway safety purposes.''.
       (d) Nationally Significant Federal Lands and Tribal 
     Projects Program.--Section 1123 of the FAST Act (23 U.S.C. 
     201 note; Public Law 114-94) is amended--
       (1) in subsection (c)(3), by inserting ``for a project that 
     is to be carried out by an eligible entity that is not an 
     Indian tribe,'' before ``having an''; and
       (2) in subsection (g)(1)--
       (A) by striking ``shall be up to'' and inserting the 
     following: ``shall be--
       ``(A) for a project carried out by an Indian tribe, up to 
     100 percent; and
       ``(B) for a project not described in subparagraph (A), up 
     to''.
       (e) Tribal Transportation Advisory Committee.--
       (1) Establishment.--Subject to the availability of 
     appropriations, not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     establish within the Bureau of Indian Affairs a committee, to 
     be known as the ``Tribal Transportation Advisory Committee'' 
     (referred to in this subsection as the ``Committee''), which 
     shall replace the Tribal Transportation Program Coordinating 
     Committee established under sections 170.135 through 170.137 
     of title 25, Code of Federal Regulations (as in effect on the 
     date of enactment of this Act).
       (2) Membership.--
       (A) In general.--The Committee shall be composed of--
       (i) the Secretary of the Interior (or a designee);
       (ii) representatives of a diverse group of Indian Tribes, 
     including--

       (I) not fewer than 1 tribal representative from each region 
     of the Bureau of Indian Affairs; and
       (II) not more than 3 tribal representatives from any 1 
     region of the Bureau of Indian Affairs;

       (iii) State and local representatives;
       (iv) not fewer than 1 representative of the Bureau of 
     Indian Affairs;
       (v) not fewer than 1 representative of the Department; and
       (vi) other members, as determined to be appropriate by the 
     Secretary of the Interior in consultation with the Committee.
       (B) Appointment.--The Secretary of the Interior shall 
     appoint each member of the Committee.
       (C) Chairperson.--The Secretary of the Interior (or a 
     designee) shall serve as chairperson of the Committee.
       (3) Terms.--Except for the Secretary of the Interior, each 
     member of the Committee shall serve for a term of 3 years.
       (4) Vacancies.--Any vacancy occurring in the membership of 
     the Committee--
       (A) shall be filled in the same manner as the original 
     appointment was made; and
       (B) shall not affect the power of the remaining members to 
     carry out the duties of the Committee.
       (5) Duties.--
       (A) In general.--The Committee shall--
       (i) regularly provide advice to the Secretary of the 
     Interior on and, subject to the discretion of the Committee, 
     study issues relating to tribal transportation, including--

       (I) the tribal transportation program under section 202 of 
     title 23, United States Code, including--

       (aa) the funding formula used to determine tribal shares 
     under the tribal transportation program; and
       (bb) the national tribal transportation facility inventory 
     established under subsection (b)(1) of that section;

       (II) the road maintenance program managed by the Bureau of 
     Indian Affairs;
       (III) grants awarded to Indian tribes for public 
     transportation using amounts made available under section 
     5311(c)(1) of title 49, United States Code;
       (IV) transportation safety within tribal reservations, 
     including--

       (aa) traffic safety; and
       (bb) safety partnerships with Federal, State, and local 
     authorities;

       (V) the availability of transportation funding in the event 
     of a natural disaster; and
       (VI) any other policies or procedures related to tribal 
     transportation, as determined by the Committee; and

       (ii) carry out the duties of the Tribal Transportation 
     Program Coordinating Committee established under sections 
     170.135 through 170.137 of title 25, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (B) Best practices and recommendations.--The Committee may, 
     on a periodic basis, develop and present to the Secretary of 
     the Interior best practices and recommendations regarding the 
     issues described in subclauses (I) through (VI) of 
     subparagraph (A)(i).
       (C) Subcommittees.--The Committee may establish any 
     subcommittees necessary to carry out the duties of the 
     Committee.
       (6) Report to congress.--Not later than 180 days after 
     receiving any recommendations from the Committee under 
     paragraph (5)(B), the Secretary of the Interior shall submit 
     to the relevant committees of Congress a report describing 
     those recommendations.
       (7) Federal advisory committee act.--Except as otherwise 
     provided in this section, the Federal Advisory Committee Act 
     (5

[[Page S5742]]

     U.S.C. App.) shall apply to the Committee and each 
     subcommittee of the Committee.
       (8) Detail of federal employees.--
       (A) In general.--On request of the Committee, the Secretary 
     of the Interior may detail, with or without reimbursement, 
     any of the personnel of the Department of the Interior or, in 
     consultation with the Secretary, the Department, to the 
     Committee to assist the Committee in carrying out the duties 
     of the Committee.
       (B) Civil service status.--Any detail of a Federal employee 
     under subparagraph (A) shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee being detailed.
       (9) Payment and expenses.--
       (A) Compensation.--Members of the Committee shall serve 
     without pay.
       (B) Travel expenses.--Each member of the Committee shall 
     receive, for a meeting called by the Secretary of the 
     Interior, travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (10) Termination.--The Committee, including subcommittees 
     of the Committee, shall terminate on the date that is 10 
     years after the date of enactment of this Act.
                                 ______
                                 
  SA 2337. Mr. SCOTT of Florida 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 SHARE.

       Notwithstanding any other provision of law, the Federal 
     share of the cost of any project or activity carried out with 
     amounts made available under any division of this Act shall 
     not exceed 50 percent.
                                 ______
                                 
  SA 2338. Mr. SCOTT of Florida (for himself, Mr. Johnson, Mr. 
Tuberville, 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:

        At the appropriate place, insert the following:

     SEC. _____. INCREASES IN INFLATION.

       (a) In General.--None of the funds made available by this 
     Act may be disbursed or obligated unless the Congressional 
     Budget Office certifies, not later than 45 days after the 
     date of enactment of this Act, that such funds would not 
     result in an increase in any fiscal year to the baseline 
     forecast for the Consumer Price Index, All Urban Consumers in 
     the most recent 10-year economic outlook publication of the 
     Congressional Budget Office.
       (b) Result of Increase.--If the Congressional Budget Office 
     does not make the certification under subsection (a), the 
     funds shall be transferred to the general fund of the 
     Treasury to be used only for deficit reduction.
                                 ______
                                 
  SA 2339. Mr. SCOTT of Florida 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 1297, strike lines 1 through 3 and insert the 
     following:
       ``(e) Availability of Amounts.--Amounts made available by 
     or appropriated under this section shall remain available 
     until expended.
       ``(f) Reductions in Transit Funding.--
       ``(1) Required reductions.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, if the Secretary determines during a fiscal year that, 
     as compared to the previous fiscal year, a State or local 
     governmental authority that receives funding under this 
     chapter from the Secretary has reduced spending on public 
     safety or law enforcement activities, the Secretary shall 
     reduce the amount of the unobligated funding received by the 
     State or local governmental authority from amounts made 
     available under subsection (a) by a percentage equal to the 
     percentage by which the State or local governmental authority 
     reduced the spending on public safety and law enforcement 
     activities.
       ``(B) Rollover.--If there are insufficient unobligated 
     amounts described in subparagraph (A) to make the full 
     reduction required under that paragraph during a fiscal year, 
     the Secretary shall, notwithstanding any other provision of 
     law, reduce the amounts received by the State or local 
     governmental authority from amounts made available under 
     subsection (a) during the succeeding fiscal year in an amount 
     necessary to make the full reduction required under that 
     subparagraph for the previous fiscal year.
       ``(2) Use of withheld funds.--Amounts not made available to 
     a State or local governmental authority as a result of a 
     reduction under paragraph (1) shall be deposited in the 
     Treasury and used for Federal budget deficit reduction or, if 
     there is no Federal budget deficit, for reducing the Federal 
     debt in such manner as the Secretary of the Treasury 
     considers appropriate.''.
                                 ______
                                 
  SA 2340. Mr. DAINES (for himself, Mr. Padilla, Mr. Hoeven, 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; which was ordered to lie on 
the table; as follows:

       At the end of division G, add the following:

                        TITLE XII--OTHER MATTERS

     SEC. 71201. MAINTENANCE OF CLASSIFICATION OF CERTAIN AIRPORTS 
                   FOR FISCAL YEARS 2022 AND 2023.

       (a) In General.--Section 47114(c)(1) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(K) Special rule on classification for fiscal years 2022 
     and 2023.--Notwithstanding section 47102 and subparagraph 
     (A), and subject to subparagraph (J), for fiscal years 2022 
     and 2023, the Secretary shall classify an airport as a 
     primary nonhub airport if that airport was a primary nonhub 
     airport for fiscal year 2021.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of division 
     L of the Consolidated Appropriations Act, 2021 (Public Law 
     116-260).
                                 ______
                                 
  SA 2341. Ms. KLOBUCHAR (for herself, Mrs. Fischer, Mr. Rounds, Mr. 
Moran, Ms. Ernst, Mr. Grassley, Ms. Duckworth, Mr. Marshall, Mr. 
Durbin, Mr. Thune, Ms. Smith, Mr. Sasse, 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 end, add the following:

                       DIVISION __--MISCELLANEOUS

     SEC. __001. ETHANOL WAIVER.

       (a) Reid Vapor Pressure Limitation.--Section 211(h) of the 
     Clean Air Act (42 U.S.C. 7545(h)) is amended--
       (1) in paragraph (4)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or more'' after ``10 percent''; and
       (B) in subparagraph (C), by striking ``additional alcohol 
     or''; and
       (2) in paragraph (5)(A), by inserting ``or more'' after 
     ``10 percent''.
       (b) Existing Waivers.--Section 211(f)(4) of the Clean Air 
     Act (42 U.S.C. 7545(f)(4)) is amended--
       (1) by striking ``The Administrator, upon'' and inserting 
     the following:
       ``(A) The Administrator, upon''; and
       (2) by adding at the end the following:
       ``(B) A fuel or fuel additive that has been granted a 
     waiver under subparagraph (A) prior to January 1, 2017, and 
     meets all of the conditions of that waiver, other than the 
     waiver's limits for Reid Vapor Pressure, may be introduced 
     into commerce if the fuel or fuel additive meets all other 
     applicable Reid Vapor Pressure requirements.''.
                                 ______
                                 
  SA 2342. Mr. KELLY (for himself and 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:


[[Page S5743]]


  

        At the appropriate place, insert the following:

     SEC. __. ACCELERATING RURAL BROADBAND DEPLOYMENT ACT.

       (a) Short Title.--This section may be cited as the 
     ``Accelerating Rural Broadband Deployment Act''.
       (b) Access to Federal Rights-of-way for Build Out of 
     Broadband Service.--
       (1) Definitions.--In this subsection:
       (A) Broadband service.--The term ``broadband service'' 
     means--
       (i) any service that has the capacity to transmit data to 
     enable users or devices to originate and receive high-quality 
     voice, data, graphics, and video;
       (ii) any service by wire or radio that provides the 
     capability to transmit data to, and receive data from, all or 
     substantially all internet endpoints--

       (I) including any capabilities that are incidental to, and 
     enable the operation of, the service; and
       (II) excluding dial-up internet access service; or

       (iii) any service that is the functional equivalent of a 
     service described in clause (i) or (ii).
       (B) Executive agency.--The term ``Executive agency''--
       (i) has the meaning given the term in section 105 of title 
     5, United States Code; and
       (ii) does not include the Department of Defense, except for 
     the Army Corps of Engineers.
       (C) Right-of-way owned by the federal government.--The term 
     ``right-of-way owned by the Federal Government'' means a 
     right-of-way held by a Federal agency across land owned by 
     another person or entity.
       (2) Access.--
       (A) In general.--If an Executive agency, a State, a 
     political subdivision or agency of a State, an Indian tribal 
     government, or a person, firm, or organization requests 
     access to a right-of-way owned by the Federal Government, or 
     an instrumentality thereof, or to a structure owned by the 
     Federal Government, or an instrumentality thereof, in any 
     right-of-way, in order to place, construct, modify, or 
     operate facilities for the provision of broadband service, 
     the Executive agency having control of the right-of-way or 
     structure in the right-of-way may grant to the applicant, on 
     behalf of the Federal Government, a license of occupancy 
     authorizing the deployment of all equipment required to 
     deploy broadband service.
       (B) Duration.-- A license of occupancy issued under this 
     subsection shall be issued with a duration of not less than 
     30 years and may be renewed for additional periods of like 
     duration.
       (C) Application fee.--Each Executive agency shall establish 
     an application fee to be paid upon submission of a request 
     for access under subparagraph (A).
       (D) License fee.--
       (i) In general.--Subject to clause (ii), each Executive 
     agency shall establish an annual license fee for a license of 
     occupancy issued under this paragraph.
       (ii) Fee calculation.--The fee established under clause (i) 
     shall be--

       (I) not more than the costs of the Executive agency 
     directly related to processing a license of occupancy 
     application and maintaining or managing the right-of-way or 
     an occupied structure in the right-of-way; and
       (II) objectively reasonable.

       (iii) Adjustments.-- An annual license fee established 
     under this subparagraph may be adjusted, not more frequently 
     than once every 6 years, to reflect changes in the costs of 
     the Executive agency, as calculated in accordance with clause 
     (ii), upon renewal of such license.
       (E) Consultations.--
       (i) Federal owned land.--In the case of a Federal 
     Government-owned right-of-way or structure located in a 
     right-of-way located on Federal land, the Executive agency 
     having control of the right-of-way or structure shall consult 
     with the owner of the Federal land on whether to approve a 
     request for a license under this paragraph.
       (ii) Tribal land.--In the case of a Federal Government-
     owned right-of-way or structure located in a right-of-way 
     located on Tribal land or held by the Federal Government for 
     the benefit of an Indian Tribe, the Executive agency having 
     control of the right-of-way or structure shall consult and 
     receive consent from the Indian Tribe, as otherwise required 
     by law, before determining whether to approve a request for a 
     license under this paragraph.
       (F) Automatic denial.--In the case of a request for access 
     under subparagraph (A) by a person, firm, or organization, 
     the Executive agency having control of the right-of-way shall 
     deny the request if the person, firm, or organization is 
     determined by the head of the Executive agency to--
       (i) be a risk to national security under the Secure and 
     Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 
     et seq.); or
       (ii) otherwise pose a threat to national security.
       (G) Rule of construction.--Nothing in this subsection shall 
     be construed to exempt an Executive agency from the 
     requirements of division A of subtitle III of title 54, 
     United States Code, or the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       (3) Timely consideration of applications.--
       (A) In general.--Not later than 180 days after the date on 
     which an Executive agency receives a completed application 
     under paragraph (2), the Executive agency shall--
       (i) on behalf of the Federal Government, grant the 
     application, grant the application subject to conditions, or 
     deny the application; and
       (ii) notify the applicant of the decision of the Executive 
     agency under clause (i).
       (B) Explanation of denial.--If an Executive agency denies 
     an application under this subsection, the Executive agency 
     shall notify the applicant in writing of such denial, which 
     shall--
       (i) be supported by substantial evidence contained in a 
     written record; and
       (ii) include a clear statement of the reasons for the 
     denial.
       (C) Public release of record.--The written record described 
     in subparagraph (B)(i) shall be made available to the 
     public--
       (i) on the date on which the written notification is 
     provided to the applicant under subparagraph (B); and
       (ii) in a manner consistent with section 552 of title 5, 
     United States Code (commonly known as the ``Freedom of 
     Information Act'') and other related provisions of law.
       (D) Automatic grant of request.--If an Executive agency 
     fails to act on a request received under paragraph (2) by the 
     end of the 180-day period described in subparagraph (A), the 
     application shall be considered granted.
       (4) Requirement.--Any regulation issued by an Executive 
     agency governing management of access to a Federal right-of-
     way or Federal structure in a right-of-way under this section 
     shall--
       (A) be competitively and technologically neutral; and
       (B) apply to all providers of broadband service on a 
     competitively neutral and nondiscriminatory basis.
       (5) Executive agency website requirements.--The head of 
     each Executive agency shall make publicly available on the 
     website of the Executive agency, in a manner that is 
     consistent with subchapter I of chapter 35 of title 44, 
     United States Code, the following:
       (A) The name or unique identifier of each entity submitting 
     an application under paragraph (2) with respect to which the 
     Executive agency is the Executive agency having control over 
     the applicable right-of-way or structure in the right-of-way.
       (B) The date on which each application described in 
     subparagraph (A) was submitted to the Executive agency.
       (C) The status of each application described in 
     subparagraph (A), including--
       (i) if the application has been granted, any accompanying 
     information, including the period during which the applicant 
     will have access to the applicable right-of-way or structure;
       (ii) if the application has been granted subject to 
     conditions, any accompanying information, including the 
     conditions that the applicant is required to satisfy in order 
     for the Executive agency to grant the application; and
       (iii) if the application has been denied, the written 
     record and statement required under paragraph (3)(B).
                                 ______
                                 
  SA 2343. Mr. CASSIDY 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 442, strike lines 24 and 25 and insert the 
     following:
       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.''.
       On page 443, line 8, strike ``and subsection (c)(97)'' and 
     insert ``, subsection (c)(97), and subsection (c)(99)''.
       On page 443, line 14, insert ``The route referred to in 
     subsection (c)(99) is designated as Interstate Route I-14, 
     and the State of Louisiana shall erect signs, as appropriate 
     and as approved by the Secretary, identifying such route as 
     future Interstate Route I-14.'' after ``I-365.''.
                                 ______
                                 
  SA 2344. 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 2168, strike line 14 and all that 
     follows through page 2169, line 8, and insert the following:

[[Page S5744]]

       (5) Extensions.--At the request of an eligible entity, the 
     Assistant Secretary may extend the buildout deadline under 
     paragraph (2) by not more than 1 year if the eligible entity 
     certifies that--
       (A) the eligible entity has a plan for use of the middle 
     mile grant;
       (B) the project to build out middle mile infrastructure is 
     underway; or
       (C) extenuating circumstances require an extension of time 
     to allow completion of the project to build out middle mile 
     infrastructure.
                                 ______
                                 
  SA 2345. Mr. RUBIO 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 2491, between lines 16 and 17, insert the 
     following:

                  south florida ecosystem restoration

       For an additional amount for South Florida ecosystem 
     restoration, $5,000,000,000, to remain available until 
     expended:  Provided, That the amounts made available under 
     this heading in this Act shall be used to undertake work 
     authorized to be carried out by law:  Provided further, That 
     the amounts made available under this heading in this Act 
     shall be appropriated from amounts in the Treasury not 
     otherwise appropriated:  Provided further, That such amount 
     is designated by the Congress as being for 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.
                                 ______
                                 
  SA 2346. 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 CLEAN ENERGY MANDATES.

       No Federal agency may establish a clean energy mandate if 
     the clean energy mandate would result in higher energy prices 
     for taxpayers or small businesses in the United States.
                                 ______
                                 
  SA 2347. 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 appropriate place in division I, insert the 
     following:

     SEC. 90___. FUNDING FOR EVACUATION ROUTES.

       Notwithstanding any other provision of this Act, of the 
     total amount of funds made available for each fiscal year to 
     carry out this Act and the amendments made by this Act, 5 
     percent shall be used to carry out eligible projects on roads 
     classified by 1 or more States as hurricane or other natural 
     disaster evacuation routes.
                                 ______
                                 
  SA 2348. 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:

        In title VII of division B, add at the end the following:

     SEC. 27005. REPORT ON NATIONAL CENTER OF EXCELLENCE FOR 
                   LIQUEFIED NATURAL GAS.

       Section 111(c)(1) of the PIPES Act of 2020 (Public Law 116-
     260) is amended, in the matter preceding subparagraph (A), by 
     striking ``18 months'' and inserting ``1 year''.
                                 ______
                                 
  SA 2349. 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 appropriate place in division I, insert the 
     following:

     SEC. __. USE OF CERTAIN FUNDS.

       (a) Use of Funds.--Notwithstanding any other provision of 
     law, any amount made available to a State or local 
     governmental entity under any COVID-19 relief legislation, 
     including any amendment made by any such legislation, that 
     remains unobligated after September 30, 2021, may be used by 
     such State or local government for any purpose, including 
     infrastructure, subject to subsection (b).
       (b) Restrictions.--
       (1) Application of certain restrictions.--Any amount 
     appropriated pursuant to any COVID-19 relief legislation, 
     including any amendment made by any such legislation, shall 
     be subject to the requirements contained in Public Law 116-
     260 for funds for programs authorized under sections 330 
     through 340 of the Public Health Service Act (42 U.S.C. 254b 
     through 256).
       (2) Underfunded state pension plans.--No amounts described 
     in subsection (a) may be used to fund an underfunded State 
     pension plan
       (c) COVID-19 Relief Legislation.--For purposes of this 
     section, the term ``COVID-19 relief legislation'' includes--
       (1) the Families First Coronavirus Response Act (Public Law 
     116-127);
       (2) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (3) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139);
       (4) the Consolidated Appropriations Act, 2021 (Public Law 
     116-260); and
       (5) the American Rescue Plan Act of 2021 (Public Law 117-
     2).
                                 ______
                                 
  SA 2350. 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:

        Strike section 24220.
                                 ______
                                 
  SA 2351. 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:

        Strike section 22212.
                                 ______
                                 
  SA 2352. 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:

        At the end of subtitle A of title IV of division B, add 
     the following:

     SEC. 241__. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR 
                   VEHICLES BY INTOXICATED PERSONS.

       Section 163(e) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Fiscal year 2022 and thereafter.--
       ``(A) Reservation of funds.--On October 1, 2021, and each 
     October 1 thereafter, if a State is, or includes a political 
     subdivision that is, a sanctuary jurisdiction, the Secretary 
     shall withhold an amount equal to 10 percent of the amounts 
     to be apportioned to the State on that date under each of 
     paragraphs (1) and (2) of section 104(b).
       ``(B) Definition of sanctuary jurisdiction.--
       ``(i) In general.--Except as provided under subparagraph 
     (ii), for purposes of this paragraph, the term `sanctuary 
     jurisdiction' means any State or political subdivision of a 
     State that has in effect a statute, ordinance, policy, or 
     practice that prohibits or restricts any government entity or 
     official from--

[[Page S5745]]

       ``(I) sending, receiving, maintaining, or exchanging with 
     any Federal, State, or local government entity information 
     regarding the citizenship or immigration status (lawful or 
     unlawful) of an individual who is convicted of violating laws 
     that prohibit the operation of motor vehicles by intoxicated 
     persons; or
       ``(II) complying with a request lawfully made by the 
     Department of Homeland Security under section 236 or 287 of 
     the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) 
     to comply with a detainer for, or notify about the release 
     of, an individual who is convicted of violating laws that 
     prohibit the operation of motor vehicles by intoxicated 
     persons.

       ``(ii) Exception.--A State or political subdivision of a 
     State shall not be deemed a sanctuary jurisdiction based 
     solely on the State or political subdivision having a policy 
     under which officials of the State or political subdivision 
     will not share information regarding, or comply with a 
     request made by the Department of Homeland Security under 
     section 236 or 287 of the Immigration and Nationality Act (8 
     U.S.C. 1226 and 1357) to comply with a detainer regarding, an 
     individual who comes forward as a victim or a witness to a 
     criminal offense.''.
                                 ______
                                 
  SA 2353. 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:

        At the appropriate place, insert the following:

     SEC. _____. ENSURING DISCLOSURE OF ADVOCACY BY FEDERAL 
                   OFFICERS AND EMPLOYEES FOR RESTRICTING ACCESS 
                   TO MATERIAL POSTED BY INFORMATION CONTENT 
                   PROVIDERS.

       (a) Restriction.--None of the amounts made available under 
     this Act or an amendment made by this Act may be expended by 
     an agency, office, or other establishment within the 
     executive or legislative branch of the Federal Government if 
     an officer or employee of the agency, office, or other 
     establishment violates subparagraph (A), (B), or (C) of 
     subsection (b)(2).
       (b) Required Disclosures.--
       (1) Definitions.--In this subsection:
       (A) Information content provider; interactive computer 
     service.--The terms ``information content provider'' and 
     ``interactive computer service'' have the meanings given the 
     terms in section 230 of the Communications Act of 1934 (47 
     U.S.C. 230).
       (B) Legitimate law enforcement purpose.--The term 
     ``legitimate law enforcement purpose'' means for the purpose 
     of investigating a criminal offense by a law enforcement 
     agency that is within the lawful authority of that agency.
       (C) National security purpose.--The term ``national 
     security purpose'' means a purpose that relates to--
       (i) intelligence activities;
       (ii) cryptologic activities related to national security;
       (iii) command and control of military forces;
       (iv) equipment that is an integral part of a weapon or 
     weapons system; or
       (v) the direct fulfillment of military or intelligence 
     missions.
       (2) Disclosures.--
       (A) In general.--Except as provided in subparagraph (C), 
     any officer or employee in the executive or legislative 
     branch shall disclose and, in the case of a written 
     communication, make available for public inspection, on a 
     public website in accordance with subparagraph (D), any 
     communication by that officer or employee with a provider of 
     an interactive computer service regarding action or potential 
     action by the provider to restrict access to or the 
     availability of, bar or limit access to, or decrease the 
     dissemination or visibility to users of, material posted by 
     another information content provider, whether the action is 
     or would be carried out manually or through use of an 
     algorithm or other automated or semi-automated process.
       (B) Timing.--The disclosure required under subparagraph (A) 
     shall be made not later than 7 days after the date on which 
     the communication is made.
       (C) Legitimate law enforcement and national security 
     purposes.--
       (i) In general.--Any communication for a legitimate law 
     enforcement purpose or national security purpose shall be 
     disclosed and, in the case of a written communication, made 
     available for inspection, to each House of Congress.
       (ii) Timing.--The disclosure required under clause (i) 
     shall be made not later than 60 days after the date on which 
     the communication is made.
       (iii) Receipt.--Upon receipt, each House shall provide 
     copies to the chairman and ranking member of each standing 
     committee with jurisdiction under the rules of the Senate or 
     the House of Representatives regarding the subject matter to 
     which the communication pertains. Such information shall be 
     deemed the property of such committee and may not be 
     disclosed except--

       (I) in accordance with the rules of the committee;
       (II) in accordance with the rules of the Senate and the 
     House of Representatives; and
       (III) as permitted by law.

       (D) Website.--
       (i) Legislative branch.--The Sergeant at Arms of the Senate 
     and the Sergeant at Arms of the House of Representatives 
     shall designate a single location on an internet website 
     where the disclosures and communications of employees and 
     officers in the legislative branch shall be published in 
     accordance with subparagraph (A).
       (ii) Executive branch.--The Director of the Office of 
     Management and Budget shall designate a single location on an 
     internet website where the disclosures and communications of 
     employees and officers in the executive branch shall be 
     published in accordance with subparagraph (A).
       (E) Notice.--The Sergeant at Arms of the Senate, the 
     Sergeant at Arms of the House of Representatives, and the 
     Director of the Office of Management and Budget shall take 
     reasonable steps to ensure that each officer and employee of 
     the legislative branch and executive branch, as applicable, 
     is informed of the duties imposed by this paragraph.
       (F) Conflicts of interest.--Any person who is a former 
     officer or employee of the executive branch of the United 
     States (including any independent agency) or any person who 
     is a former officer or employee of the legislative branch or 
     a former Member of Congress, who personally and substantially 
     participated in any communication under subparagraph (A) 
     while serving as an officer, employee, or Member of Congress, 
     shall not, within 2 years after any such communication under 
     subparagraph (A) or 1 year after termination of his or her 
     service as an officer, employee, or Member of Congress, 
     whichever is later, knowingly make, with the intent to 
     influence, any communication to or appearance before any 
     officer or employee of any department, agency, court, or 
     court-martial of the United States, on behalf of any person 
     with which the former officer or employee personally and 
     substantially participated in such communication under 
     subparagraph (A).
       (G) Penalties.--Any person who violates subparagraph (A), 
     (B), (C), or (F) shall be punished as provided in section 216 
     of title 18, United States Code.
                                 ______
                                 
  SA 2354. Mr. VAN HOLLEN (for himself, Mr. Rounds, Ms. Ernst, and Mr. 
Kelly) 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:

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

     SEC. 12___. 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 State or 
     local statute or regulation, the Secretary may accept such 
     payment and performance security requirements applicable to 
     the obligor if 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 
     there are no payment and performance security requirements 
     applicable to the obligor, the security under section 3131(b) 
     of title 40 or an equivalent State or local requirement, as 
     determined by the Secretary, shall be required.''.
       (b) Applicability.--The amendments made by this section 
     shall apply with respect to any agreement for credit 
     assistance entered into on or after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 2355. 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. __. PROHIBITION ON USE OF FUNDS.

       Notwithstanding any other provision of this Act, none of 
     the funds appropriate or

[[Page S5746]]

     otherwise made available under this Act may be provided to 
     any State in which the governor of such State has been found, 
     by the relevant State or Federal authorities, to have 
     sexually harassed employees while holding the position of 
     governor.
                                 ______
                                 
  SA 2356. Mr. MERKLEY 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 2059, between lines 9 and 10, insert the 
     following:
       (C) Priority for projects that use components from 
     domestically manufactured sources.--In addition to the 
     prioritization required under subparagraph (A), an eligible 
     entity, in awarding subgrants for the deployment of a 
     broadband network using grant funds received under this 
     section, as authorized under subsection (f)(1), shall give 
     priority to projects that incorporate broadband componentry, 
     including radio frequency integrated circuits, from 
     domestically manufactured sources.
                                 ______
                                 
  SA 2357. Mr. MERKLEY 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__. FOREST SERVICE HIRE AUTHORITY.

       Section 12518 of the Agriculture Improvement Act of 2018 
     (16 U.S.C. 1725b) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking the period at the end and 
     inserting a semicolon;
       (B) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (C) in the matter preceding subparagraph (A) (as so 
     redesignated)--
       (i) by striking ``Land'' and inserting ``Lands''; and
       (ii) by striking ``applies to a former resource assistant'' 
     and inserting the following: ``applies to--
       ``(1) a former resource assistant''; and
       (D) by adding at the end the following:
       ``(2) except as provided in paragraph (1), a former 
     participant in the Public Lands Corps program established by 
     section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 
     1723) who--
       ``(A) successfully fulfilled the requirements of a 
     qualified candidate and program participation; and
       ``(B) earned a high school diploma or equivalent diploma of 
     completion, or completed a workforce development training 
     program; and
       ``(3) a graduate of a Civilian Conservation Center program 
     described in section 147(d) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3197(d)) who successfully 
     completed a training program focused on forestry, wildland 
     firefighting, or another topic relating to the mission of the 
     Forest Service.''; and
       (2) in subsection (c)--
       (A) by striking the period at the end and inserting a 
     semicolon;
       (B) by striking ``date on which the candidate'' and 
     inserting the following: ``date on which--
       ``(1) in the case of a qualified candidate described in 
     subsection (b)(1), the candidate''; and
       (C) by adding at the end the following:
       ``(2) in the case of a qualified candidate described in 
     subsection (b)(2), the later of--
       ``(A) the candidate successfully fulfilled the requirements 
     described in subsection (b)(2)(A); or
       ``(B) the candidate earned a diploma or competed a program 
     described in subsection (b)(2)(B); or
       ``(3) in the case of a qualified candidate described in 
     subsection (b)(3), the candidate graduated from the Civilian 
     Conservation Center.''.
                                 ______
                                 
  SA 2358. Ms. ROSEN (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:
        On page 60, line 22, insert ``wildfires,'' after 
     ``flooding,''.
                                 ______
                                 
  SA 2359. Mr. MERKLEY 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 2463, line 13, insert ``notwithstanding any other 
     provision of law, if local matching funds are required for a 
     project for which amounts made available under this paragraph 
     in this Act are provided and the total Federal contribution 
     to the project does not exceed $25,000,000, the local 
     matching funds required for the project may not exceed 10 
     percent of the total cost of the project: Provided further, 
     That'' after ``That''.
                                 ______
                                 
  SA 2360. Mr. MERKLEY 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 end of title VIII of division D, add the following:

     SEC. 408__. PERMANENT REAUTHORIZATION OF COLLABORATIVE FOREST 
                   LANDSCAPE RESTORATION PROGRAM.

       Section 4003(f)(6) of the Omnibus Public Land Management 
     Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking 
     ``for each of fiscal years 2019 through 2023'' and inserting 
     ``for fiscal year 2021 and each fiscal year thereafter''.
                                 ______
                                 
  SA 2361. Mr. MERKLEY 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 2463, line 12, strike ``$500,000,000,'' and insert 
     ``$1,000,000,000,''.
                                 ______
                                 
  SA 2362. Mr. WYDEN (for himself, Mrs. Murray, Mr. Peters, Mr. 
Padilla, and Mr. Bennet) 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 __--STATE AND LOCAL DIGITAL SERVICE

     SEC. ______1. SHORT TITLE.

       This title may be cited as the ``State and Local Digital 
     Service Act of 2021''.

     SEC. ______2. DEFINITIONS.

       In this title--
       (1) the term ``Administrator'' means the Administrator of 
     General Services;
       (2) the term ``digital service agreement'' means a grant 
     awarded or a cooperative agreement or memorandum of agreement 
     entered into under section _____3;
       (3) the term ``digital service team'' means a team of 
     employees of an eligible applicant that extends existing 
     software development capacity and directly supports and 
     improves service delivery, focusing on user-centered design 
     and development practices through the use of modern product 
     development techniques, such as--
       (A) user research and design;
       (B) incremental and iterative outcome driven delivery 
     practices; and
       (C) procurement and funding practices for software 
     development that rely on outcome-driven, modular contracts;
       (4) the term ``eligible applicant'' means a State, eligible 
     tribal government, or unit of local government, or any 
     instrument thereof;
       (5) the term ``eligible 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 Act pursuant to 
     section 104 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 5131);
       (6) the term ``specialized or technical services'' means 
     statistical and other studies and compilations, development 
     projects, technical tests and evaluations, technical 
     information, training activities, surveys, reports,

[[Page S5747]]

     documents, products, platforms, and other similar services;
       (7) the term ``State'' has the meaning given that term in 
     section 549(a) of title 40, United States Code;
       (8) the term ``underserved or disadvantaged community'' 
     means--
       (A) a low-income community;
       (B) a community of color;
       (C) a Tribal community;
       (D) a rural community;
       (E) aging individuals;
       (F) individuals with disabilities;
       (G) individuals with a language barrier, including 
     individuals who--
       (i) are English learners; or
       (ii) have low levels of literacy;
       (H) veterans; or
       (I) any other community that the Administrator determines 
     is disproportionately vulnerable to, or bears a 
     disproportionate burden of, any combination of economic, 
     social, environmental, or climate stressors; and
       (9) the term ``unit of local government'' means a city, 
     county, township, town, borough, parish, village, or other 
     general purpose political subdivision of a State.

     SEC. ______3. DIGITAL SERVICE AGREEMENT.

       (a) In General.--The Administrator, in consultation with 
     the Administrator of the United States Digital Service, shall 
     establish a Digital Service Agreement Program, under which 
     the Administrator shall award grants to, or enter into 
     cooperative agreements or memoranda of agreements with, 
     eligible applicants in accordance with the requirements of 
     this section for the purpose of planning, establishing, or 
     supporting a digital service team or supporting digital 
     services collaboration between digital service teams to 
     improve the delivery of government assistance through digital 
     services.
       (b) Digital Service Agreement Criteria.--In considering 
     whether to execute a digital service agreement under this 
     section, the Administrator shall consider--
       (1) evidence of significant executive support from the 
     eligible applicant for the establishment of digital service 
     teams and a commitment to modernizing government technology 
     and service delivery;
       (2) evidence of the ability and commitment of the eligible 
     applicant to ensure sustainment of digital service teams 
     after the end of the digital services agreement, including 
     financial resources and any administrative changes that may 
     be necessary;
       (3) the extent to which the eligible applicant may be able, 
     and is committed, to adopting innovative procurement and 
     service design practices;
       (4) whether the eligible applicant would be otherwise 
     unable to establish or support digital service teams without 
     a digital service agreement;
       (5) the extent to which the establishment of digital 
     service teams by the eligible applicant is likely to lead to 
     improvements in service delivery related to Federal programs;
       (6) to the extent applicable, whether an eligible applicant 
     intends to support a collaborative agreement under subsection 
     (c);
       (7) whether the eligible applicant will prioritize the use 
     of more than 50 percent of the amounts received under a 
     digital service agreement for salary and benefits of the 
     members of the digital service team; and
       (8) any other criteria determined by the Administrator and 
     included in a notice of funding availability made available 
     in advance to all eligible applicants.
       (c) Collaborative Agreements.--The Administrator may 
     execute a digital service agreement with 1 or more eligible 
     applicants, in accordance with the criteria established in 
     subsection (b), for the purpose of supporting collaborative 
     service delivery projects across jurisdictional boundaries.
       (d) Planning Support.--In addition to the digital service 
     agreement criteria under subsection (b), the Administrator 
     shall, to the greatest extent possible, minimize the burden 
     on eligible applicants in the development of proposals for a 
     digital service agreement, including by providing direct 
     technical assistance to eligible applicants in the 
     preparation applications for digital service agreements.
       (e) Supplement Not Supplant.--Any awards made as part of a 
     digital service agreement with an eligible applicant shall 
     supplement, not supplant, other Federal, State, local, or 
     Tribal funds that are available to the eligible applicant to 
     carry out activities described in this section.
       (f) Limitations.--
       (1) Term.--A digital service agreement shall have a term of 
     not longer than 5 years, unless the Administrator determines 
     that a longer term is warranted to ensure significant return 
     on investment or the adoption of innovative practices to meet 
     the requirements of the eligible applicant.
       (2) Amount.--A digital service agreement may not exceed 
     $10,000,000, unless the Administrator determines that a 
     greater amount is likely to provide a significant return on 
     investment or the adoption of innovative practices to meet 
     the requirements of the eligible applicant.
       (3) Congressional notification.--Not later than 30 days 
     before the Administrator executes or modifies a digital 
     services agreement that would result in a term in excess of 
     the maximum term specified under paragraph (1) or exceed the 
     maximum amount specified under paragraph (2), the 
     Administrator shall submit to the Committee on Appropriations 
     and the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Appropriations and 
     Committee on Oversight and Reform of the House of 
     Representatives notice and an explanation of the reasons for 
     the determinations by the Administrator.
       (g) Matching Requirement.--
       (1) In general.--Except as provided in paragraph (2), the 
     Federal share of an activity carried out using amounts 
     received under a digital service agreement for establishing 
     or supporting a digital service team shall be not more than 
     90 percent.
       (2) Waiver.--Upon application by an eligible applicant, the 
     Administrator may waive the requirement under paragraph (1) 
     if the Administrator determines that the eligible applicant 
     demonstrates financial need.
       (h) Set Asides.--
       (1) In general.--From amounts made available in a fiscal 
     year to carry out the Digital Service Agreement Program under 
     this section, the Administrator shall reserve not more than 5 
     percent for the implementation and administration of the 
     program, which shall include--
       (A) providing assistance to eligible applicants to prepare 
     applications for digital service agreements in accordance 
     with subsection (d);
       (B) upon request of an eligible applicant whose application 
     is successful, providing technical support and assistance to 
     support the execution of a digital services agreement;
       (C) assisting eligible applicants in preparing and 
     submitting reports required under section _____4; and
       (D) conducting outreach to eligible applicants regarding 
     opportunities to apply for digital service agreements.
       (2) Eligible tribal governments.--From amounts made 
     available in a fiscal year to carry out the Digital Service 
     Agreement Program under this section, the Administrator is 
     encouraged to use not less than 10 percent for digital 
     service agreements with eligible tribal governments.
       (i) Consultation and Public Engagement.--In carrying out 
     this title, the Administrator shall conduct ongoing 
     collaboration and consultation with--
       (1) the Administrator of the United States Digital Service;
       (2) State agencies and governors of States (or equivalent 
     officials);
       (3) national, State, local, and Tribal organizations that 
     have digital service teams or that have particular experience 
     with providing digital services for underserved or 
     disadvantaged communities;
       (4) researchers, academics, and philanthropic 
     organizations;
       (5) industry stakeholders that have demonstrated experience 
     in designing, developing, and supporting digital services 
     team and modern technology service delivery projects on 
     behalf of public sector clients; and
       (6) other agencies, organizations, entities, and community 
     stakeholders as determined appropriate by the Administrator.
       (j) Spending Limitations.--An eligible applicant may use 
     amounts received under a digital service agreement for 
     salaries and benefits of members of a digital service team 
     and other costs related to establishing or ensuring the 
     capacity and continuity of a digital service team.

     SEC. ______4. REPORTING AND EVALUATION.

       (a) In General.--The Administrator shall require quarterly 
     progress reports from eligible applicants awarded or entering 
     into a digital service agreement, and shall make a publicly 
     available dashboard of service delivery metrics, performance 
     measures, and progress under the terms and conditions of any 
     digital service agreements.
       (b) Reports to Congress.--The Administrator shall, on an 
     annual basis, submit to the Committee on Appropriations and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Appropriations and the 
     Committee on Oversight and Reform of the House of 
     Representatives a report on the Digital Service Agreement 
     Program, which shall include the following:
       (1) A description of digital service agreements executed 
     under the Digital Service Agreement Program, including the 
     following:
       (A) The cost and scope of each digital service agreement, 
     including the type of agreement awarded or entered into and 
     information regarding compliance with the matching 
     requirements under section ____3(g).
       (B) The names of each eligible applicant that, as of the 
     date of the report, has a digital services agreement that is 
     in effect, including identifying whether the eligible 
     applicant is an eligible tribal government, a territory of 
     the United States, or an underserved or disadvantaged 
     community.
       (C) An analysis of common characteristics regarding the 
     full allocation of digital services agreements in effect.
       (D) An accounting of the expenditure of funds received by 
     an eligible applicant under a digital services agreement and 
     the cost to the Federal Government to administer the Digital 
     Services Agreement Program under this title.
       (2) Information regarding successes of, failures of, 
     lessons learned by, opportunities for improvement for, or 
     recommendations related to the Digital Service Agreement 
     Program or eligible applicants.
       (3) Any additional information determined necessary by the 
     Administrator.

[[Page S5748]]

  


     SEC. ______5. STATE USE OF FEDERAL RESOURCES.

       (a) General.--In addition to the authority provided by 
     section _____3, the Administrator may provide an eligible 
     applicant specialized or technical services on a reimbursable 
     or non-reimbursable basis.
       (b) Prohibition on Federal Mandate.--The Administrator may 
     not require, as a condition of a digital service agreement, 
     the use of any Federal service, program, or resources other 
     than as necessary to plan, establish, or support a digital 
     service under this title.

     SEC. ______6. AUTHORIZATION OF APPROPRIATIONS.

       (a) Agreements.--There are authorized to be appropriated to 
     the Administrator to carry out this title $100,000,000 for 
     each of fiscal years 2022 through 2028.
       (b) Amounts for Audit and Oversight.--There are authorized 
     to be appropriated to the Inspector General of the General 
     Services Administration $1,000,000 for the first fiscal year 
     during which digital service agreements are awarded or 
     entered into, and each of the 7 fiscal years thereafter, for 
     audits and oversight of funds made available to carry out 
     this title.
       (c) Availability.--Amounts made available pursuant to 
     subsections (a) and (b) shall remain available until 
     expended.
                                 ______
                                 
  SA 2363. Mr. BENNET (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 end of title VIII of division D, add the following:

     SEC. 408_____. JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Chiefs.--The term ``Chiefs'' means the Chief of the 
     Forest Service and the Chief of the Natural Resources 
     Conservation Service.
       (2) Eligible activity.--The term ``eligible activity'' 
     means an activity--
       (A) to reduce the risk of wildfire;
       (B) to protect water quality and supply; or
       (C) to improve wildlife habitat for at-risk species.
       (3) Program.--The term ``program'' means the Joint Chiefs 
     Landscape Restoration Partnership program established under 
     subsection (b)(1).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (5) Wildland-urban interface.--The term ``wildland-urban 
     interface'' has the meaning given the term in section 101 of 
     the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
       (b) Establishment.--
       (1) In general.--The Secretary shall establish a Joint 
     Chiefs Landscape Restoration Partnership program to improve 
     the health and resilience of forest landscapes across 
     National Forest System land and State, Tribal, and private 
     land.
       (2) Administration.--The Secretary shall administer the 
     program by coordinating eligible activities conducted on 
     National Forest System land and State, Tribal, or private 
     land across a forest landscape to improve the health and 
     resilience of the forest landscape by--
       (A) assisting producers and landowners in implementing 
     eligible activities on eligible private or Tribal land using 
     the applicable programs and authorities administered by the 
     Chief of the Natural Resources Conservation Service under 
     title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et 
     seq.), not including the conservation reserve program 
     established under subchapter B of chapter 1 of subtitle D of 
     that title (16 U.S.C. 3831 et seq.); and
       (B) conducting eligible activities on National Forest 
     System land or assisting landowners in implementing eligible 
     activities on State, Tribal, or private land using the 
     applicable programs and authorities administered by the Chief 
     of the Forest Service.
       (c) Selection of Eligible Activities.--The appropriate 
     Regional Forester and State Conservationist shall jointly 
     submit to the Chiefs on an annual basis proposals for 
     eligible activities under the program.
       (d) Evaluation Criteria.--In evaluating and selecting 
     proposals submitted under subsection (c), the Chiefs shall 
     consider--
       (1) criteria including whether the proposal--
       (A) reduces wildfire risk in a municipal watershed or the 
     wildland-urban interface;
       (B) was developed through a collaborative process with 
     participation from diverse stakeholders;
       (C) increases forest workforce capacity or forest business 
     infrastructure and development;
       (D) leverages existing authorities and non-Federal funding;
       (E) provides measurable outcomes; or
       (F) supports established State and regional priorities; and
       (2) such other criteria relating to the merits of the 
     proposals as the Chiefs determine to be appropriate.
       (e) Outreach.--The Secretary shall provide--
       (1) public notice on the websites of the Forest Service and 
     the Natural Resources Conservation Service describing--
       (A) the solicitation of proposals under subsection (c); and
       (B) the criteria for selecting proposals in accordance with 
     subsection (d); and
       (2) information relating to the program and activities 
     funded under the program to States, Indian Tribes, units of 
     local government, and private landowners.
       (f) Exclusions.--An eligible activity may not be carried 
     out under the program--
       (1) in a wilderness area or designated wilderness study 
     area;
       (2) in an inventoried roadless area;
       (3) on any Federal land on which, by Act of Congress or 
     Presidential proclamation, the removal of vegetation is 
     restricted or prohibited; or
       (4) in an area in which the eligible activity would be 
     inconsistent with the applicable land and resource management 
     plan.
       (g) Accountability.--
       (1) Initial report.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall submit to 
     Congress a report providing recommendations to Congress 
     relating to the program, including a review of--
       (A) funding mechanisms for the program;
       (B) staff capacity to carry out the program;
       (C) privacy laws applicable to the program;
       (D) data collection under the program;
       (E) monitoring and outcomes under the program; and
       (F) such other matters as the Secretary considers to be 
     appropriate.
       (2) Additional reports.--For each of fiscal years 2022 and 
     2023, the Chiefs shall submit to the Committee on 
     Agriculture, Nutrition, and Forestry and the Committee on 
     Appropriations of the Senate and the Committee on Agriculture 
     and the Committee on Appropriations of the House of 
     Representatives a report describing projects for which 
     funding is provided under the program, including the status 
     and outcomes of those projects.
       (h) Funding.--
       (1) Authorization of appropriations.--In addition to 
     amounts otherwise available to the Secretary to carry out the 
     program, there is authorized to be appropriated to the 
     Secretary to carry out the program $90,000,000 for each of 
     fiscal years 2022 and 2023.
       (2) Duration of availability.--Funds made available under 
     paragraph (1) shall remain available until expended.
       (3) Distribution of funds.--Of the funds made available 
     under paragraph (1)--
       (A) not less than 40 percent shall be allocated to carry 
     out eligible activities through the Natural Resources 
     Conservation Service;
       (B) not less than 40 percent shall be allocated to carry 
     out eligible activities through the Forest Service; and
       (C) the remaining funds shall be allocated by the Chiefs to 
     the Natural Resources Conservation Service or the Forest 
     Service--
       (i) to carry out eligible activities; or
       (ii) for other purposes, such as technical assistance, 
     project development, or local capacity building.
                                 ______
                                 
  SA 2364. Mr. CARDIN (for himself 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:

        Beginning on page 1579, strike line 21 and all that 
     follows through page 1589, line 15, and insert the following:

     SEC. 40323. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.

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

     ``SEC. 45U. ZERO-EMISSION NUCLEAR POWER PRODUCTION CREDIT.

       ``(a) Amount of Credit.--For purposes of section 38, the 
     zero-emission nuclear power production credit for any taxable 
     year is an amount equal to the amount by which--
       ``(1) the product of--
       ``(A) 1.5 cents, multiplied by
       ``(B) the kilowatt hours of electricity--
       ``(i) produced by the taxpayer at a qualified nuclear power 
     facility, and
       ``(ii) sold by the taxpayer or an affiliate of the taxpayer 
     to an unrelated person during the taxable year, exceeds
       ``(2) the reduction amount for such taxable year.
       ``(b) Definitions.--
       ``(1) Qualified nuclear power facility.--For purposes of 
     this section, the term `qualified nuclear power facility' 
     means any nuclear facility--
       ``(A) which is owned by the taxpayer and which uses nuclear 
     energy to produce electricity, and
       ``(B) which is not an advanced nuclear power facility, as 
     defined in subsection (d)(1) of section 45J, or which has not 
     received an allocation under subsection (b) of such section.
       ``(2) Reduction amount.--

[[Page S5749]]

       ``(A) In general.--For purposes of this section, the term 
     `reduction amount' means, with respect to any qualified 
     nuclear power facility for any taxable year, the amount equal 
     to the lesser of--
       ``(i) the amount determined under subsection (a)(1), or
       ``(ii) the amount equal to 80 percent of the excess of--

       ``(I) subject to subparagraph (B), the gross receipts from 
     any electricity produced by such facility and sold to an 
     unrelated person during such taxable year (at rates 
     established or approved by a State or political subdivision 
     thereof, any agency or instrumentality of the United States, 
     or a public service or public utility commission or other 
     similar body of any State or political subdivision thereof, 
     in the case of any property described in section 168(i)(10)), 
     over
       ``(II) the amount equal to the product of--

       ``(aa) 2.5 cents, multiplied by
       ``(bb) the amount determined under subsection (a)(1)(B).
       ``(B) Treatment of certain receipts.--
       ``(i) In general.--The amount determined under subparagraph 
     (A)(ii)(I) shall include any amount received by the taxpayer 
     during the taxable year with respect to the qualified nuclear 
     power facility from a zero-emission credit program unless the 
     amount received by the taxpayer is subject to reduction--

       ``(I) by the full amount of the credit determined under 
     this section, or
       ``(II) by any lesser amount if such amount entirely offsets 
     the amount received from a zero-emission credit program.

       ``(ii) Zero-emission credit program.--For purposes of this 
     subparagraph, the term `zero-emission credit program' means 
     any State or local government program that provides payments 
     to a qualified nuclear power facility for, in whole or in 
     part, the zero-emission, zero-carbon, or air quality 
     attributes of any portion of the electricity produced by such 
     facility.
       ``(3) Electricity.--For purposes of this section (with the 
     exception of subsection (d)(3)), the term `electricity' means 
     the energy produced by a qualified nuclear power facility 
     from the conversion of nuclear fuel into electric power.
       ``(c) Election for Direct Payment.--
       ``(1) In general.--In the case of a taxpayer making an 
     election (at such time and in such manner as the Secretary 
     may provide) under this subsection with respect to any 
     portion of the credit which would (without regard to this 
     subsection) be determined under subsection (a) with respect 
     to such taxpayer, such taxpayer shall be treated as making a 
     payment against the tax imposed by subtitle A for the taxable 
     year equal to the amount of such portion.
       ``(2) Certain entities treated as taxpayers.--For purposes 
     of the credit under subsection (a)--
       ``(A) any State utility with a service obligation, as such 
     terms are defined in section 217 of the Federal Power Act (as 
     in effect on the date of the enactment of this subsection),
       ``(B) any mutual or cooperative electric company described 
     in section 501(c)(12) or section 1381(a)(2)(C), and
       ``(C) an Indian tribal government (as defined in section 
     139E(c)(1)),

     shall be treated as a taxpayer, but only if such entity makes 
     the election under this subsection.
       ``(3) Timing.--The payment described in paragraph (1) shall 
     be treated as made on the later of the due date of the return 
     of tax for the taxable year or the date on which such return 
     is filed.
       ``(4) Exclusion from gross income.--Gross income of the 
     taxpayer shall be determined without regard to this 
     subsection.
       ``(5) Denial of double benefit.--Solely for purposes of 
     section 38, in the case of a taxpayer making an election 
     under this subsection, the credit determined under subsection 
     (a) shall be reduced by the amount of the portion of such 
     credit with respect to which the taxpayer makes such 
     election.
       ``(d) Other Rules.--
       ``(1) Inflation adjustment.--The 1.5 cent amount in 
     subsection (a)(1)(A) and the 2.5 cent amount in subsection 
     (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying 
     such amount by the inflation adjustment factor (as determined 
     under section 45(e)(2) by substituting `calendar year 2020' 
     for `calendar year 1992' in subparagraph (B) thereof ) for 
     the calendar year in which the sale occurs. If any amount as 
     increased under the preceding sentence is not a multiple of 
     0.1 cent, such amount shall be rounded to the nearest 
     multiple of 0.1 cent.
       ``(2) Special rules.--Rules similar to the rules of 
     paragraphs (1), (3), (4), and (5) of section 45(e) shall 
     apply for purposes of this section.
       ``(3) Phaseout of credit.--If the Secretary, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, 
     determines that the annual greenhouse gas emissions from 
     electricity production in the United States for a calendar 
     year are equal to or less than 50 percent of the annual 
     greenhouse gas emissions from electricity production in the 
     United States for calendar year 2020, the amount of the 
     credit determined under the subsection (a) shall be reduced 
     by an amount equal to the product of--
       ``(A) the amount of credit determined under the subsection 
     (a), as determined before application of this paragraph, 
     multiplied by
       ``(B) an amount (expressed as a percentage) equal to twice 
     the percentage amount that the percentage determined by the 
     Secretary pursuant to this paragraph exceeds 50 percent.
       ``(e) Recapture.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Energy and the Secretary of Labor, shall, by 
     regulations, provide for recapturing the benefit of any 
     credit allowable under subsection (a) for any taxable year if 
     the Secretary determines that--
       ``(A) any contractor or subcontractor has failed to pay a 
     laborer or mechanic employed by the contractor or 
     subcontractor in the performance of any construction, repair, 
     alteration, or maintenance with respect to the qualified 
     nuclear power facility during such taxable year wages at 
     rates not less than the rates prevailing on projects of a 
     similar character in the locality as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code,
       ``(B) any such contractor or subcontractor has failed to 
     make the records required under paragraph (2) available to 
     the Secretary for the purposes described in such paragraph, 
     or
       ``(C) any contractor or subcontractor has failed to satisfy 
     the requirements under subsection (f) during such taxable 
     year.
       ``(2) Investigation.--Upon receipt of a complaint or its 
     own initiative, the Secretary, in consultation with the 
     Secretary of Energy and the Secretary of Labor, shall request 
     and review the payroll records of contractors and 
     subcontractors engaged in the performance of any 
     construction, repair, alteration, or maintenance with respect 
     to a qualified nuclear power facility, and interview 
     individuals employed by such contractors and subcontractors, 
     to determine whether the requirements of paragraph (1)(A) and 
     (1)(C) have been met.
       ``(3) Administration and enforcement.--With respect to the 
     administration and enforcement of the standards in paragraph 
     (1)(A) and (1)(C), the Secretary of Labor shall have the 
     authority and functions set forth in Reorganization Plan 
     Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
     section 3145 of title 40, United States Code.
       ``(f) Use of Qualified Apprentices.--
       ``(1) In general.--All contractors and subcontractors 
     engaged in the performance of construction, repair, 
     alteration, or maintenance with respect to the qualified 
     nuclear power facility shall, subject to paragraph (2), 
     ensure that not less than 15 percent of the total labor hours 
     of such work be performed by qualified apprentices.
       ``(2) Apprentice-to-journeyworker ratio.--The requirement 
     under paragraph (1) shall be subject to any applicable 
     requirements for apprentice-to-journeyworker ratios of the 
     Department of Labor or the applicable State apprenticeship 
     agency.
       ``(3) Participation.--Each contractor and subcontractor who 
     employs 4 or more individuals to perform construction, 
     repair, alteration, or maintenance with respect to the 
     qualified nuclear power facility shall employ 1 or more 
     qualified apprentices to perform such work.
       ``(4) Exception.--Notwithstanding any other provision in 
     this subsection, this section shall not apply in the case of 
     a taxpayer who--
       ``(A) demonstrates a lack of availability of qualified 
     apprentices in the geographic area of the construction, 
     repair, alteration, or maintenance; and
       ``(B) makes a good faith effort, and its contractors and 
     subcontractors make a good faith effort, to comply with the 
     requirements of this subsection.
       ``(5) Definitions.--In this subsection:
       ``(A) Labor hours.--The term `labor hours'--
       ``(i) means the total number of hours devoted to the 
     performance of construction, repair, alteration, or 
     maintenance by employees of the contractor or subcontractor; 
     and
       ``(ii) excludes any hours worked by--

       ``(I) foremen;
       ``(II) superintendents;
       ``(III) owners; or
       ``(IV) persons employed in a bona fide executive, 
     administrative, or professional capacity (within the meaning 
     of those terms in part 541 of title 29, Code of Federal 
     Regulations).

       ``(B) Qualified apprentice.--The term `qualified 
     apprentice' means an individual who is an employee of the 
     contractor or subcontractor and who is participating in a 
     registered apprenticeship program, as defined in section 
     3131(e)(3)(B).
       ``(g) Termination.--This section shall not apply to taxable 
     years beginning after the earlier of--
       ``(1) the date as of which the Secretary determines that 
     the aggregate of the credits allowed under subsection (a) to 
     all taxpayers in all taxable years exceeds $6,000,000,000, or
       ``(2) December 31, 2030.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) of the Internal Revenue Code of 1986 is 
     amended--
       (A) in paragraph (32), by striking ``plus'' at the end,
       (B) in paragraph (33), by striking the period at the end 
     and inserting ``, plus'', and
       (C) by adding at the end the following new paragraph:
       ``(34) the zero-emission nuclear power production credit 
     determined under section 45U(a).''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 of such Code is amended by adding 
     at the end the following new item:


[[Page S5750]]


``Sec. 45U. Zero-emission nuclear power production credit.''.
       (c) Report.--Not later than January 1, 2024, the 
     Comptroller General of the United States shall submit to 
     Congress a report with respect to the credits allowed for 
     qualified nuclear power facilities under section 45U of the 
     Internal Revenue Code of 1986 (as added by subsection (a)), 
     which shall include--
       (1) an evaluation of the effectiveness of the credits 
     allowed under such section in regards to ensuring grid 
     reliability while avoiding emissions of carbon dioxide, 
     nitrogen oxides, sulfur oxides, particulate matter, and 
     hazardous air pollutants;
       (2) a quantification of the ratepayer savings achieved as a 
     result of the credits allowed under such section; and
       (3) any recommendations to renew or expand the credits 
     allowed under such section.
       (d) Effective Date.--This section shall apply to 
     electricity produced and sold after December 31, 2020, in 
     taxable years beginning after such date.
                                 ______
                                 
  SA 2365. Mr. PETERS (for himself, Mr. Rounds, Mr. Warner, and Mr. 
Portman) 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 subtitle B of title I of division D, strike 
     ``consultation'' each place it appears and insert 
     ``coordination''.
       In section 219A(d)(1) of the Federal Power Act (as added by 
     section 40123 of subtitle B of title I of division D), strike 
     ``consultation'' and insert ``coordination''.
                                 ______
                                 
  SA 2366. Mr. LUJAN (for himself and Mr. Scott of Florida) 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 24220, add at the end the following:
       (f) Effect.--Subject to paragraphs (1) and (2) of 
     subsection (e), nothing in paragraph (3) of that subsection 
     limits the applicability of a requirement to meet the 
     deadline established under subsection (c).
                                 ______
                                 
  SA 2367. Ms. WARREN (for herself, Mr. Markey, 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:

       In section 11101(a)(5), in the matter preceding 
     subparagraph (A), strike ``(5) Nationally significant freight 
     and highway projects.--For nationally significant freight and 
     highway projects under section 117'' and inserting ``(5) 
     Projects of national and regional significance.--For projects 
     of national and regional significance under section 117''
       Strike section 11110 and insert the following:

     SEC. 11110. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

       (a) In General.--Section 117 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 117. Projects of national and regional significance

       ``(a) Establishment.--The Secretary shall establish a 
     projects of national and regional significance program under 
     which the Secretary may make grants to, and establish 
     multiyear grant agreements with, eligible entities in 
     accordance with this section.
       ``(b) Applications.--To be eligible for a grant under this 
     section, an eligible entity shall submit to the Secretary an 
     application in such form, in such manner, and containing such 
     information as the Secretary may require.
       ``(c) Grant Amounts and Project Costs.--
       ``(1) In general.--Each grant made under this section--
       ``(A) shall be in an amount that is at least $25,000,000; 
     and
       ``(B) shall be for a project that has eligible project 
     costs that are reasonably anticipated to equal or exceed the 
     lesser of--
       ``(i) $100,000,000; or
       ``(ii) in the case of a project--

       ``(I) located in 1 State or territory, 30 percent of the 
     amount apportioned under this chapter to the State or 
     territory in the most recently completed fiscal year; or
       ``(II) located in more than 1 State or territory, 50 
     percent of the amount apportioned under this chapter to the 
     participating State or territory with the largest 
     apportionment under this chapter in the most recently 
     completed fiscal year.

       ``(2) Large projects.--For a project that has eligible 
     project costs that are reasonably anticipated to equal or 
     exceed $500,000,000, a grant made under this section--
       ``(A) shall be in an amount sufficient to fully fund the 
     project, or in the case of a public transportation project, a 
     minimum operable segment, in combination with other funding 
     sources, including non-Federal financial commitment, 
     identified in the application; and
       ``(B) may be awarded pursuant to the process under 
     subsection (d), as necessary based on the amount of the 
     grant.
       ``(d) Multiyear Grant Agreements for Large Projects.--
       ``(1) In general.--A large project that receives a grant 
     under this section may be carried out through a multiyear 
     grant agreement in accordance with this subsection.
       ``(2) Requirements.--A multiyear grant agreement for a 
     large project shall--
       ``(A) establish the terms of participation by the Federal 
     Government in the project;
       ``(B) establish the amount of Federal financial assistance 
     for the project;
       ``(C) establish a schedule of anticipated Federal 
     obligations for the project that provides for obligation of 
     the full grant amount by not later than 4 fiscal years after 
     the fiscal year in which the initial amount is provided; and
       ``(D) determine the period of time for completing the 
     project, even if such period extends beyond the period of an 
     authorization.
       ``(3) Special rules.--
       ``(A) In general.--A multiyear grant agreement under this 
     subsection--
       ``(i) shall obligate an amount of available budget 
     authority specified in law; and
       ``(ii) may include a commitment, contingent on amounts to 
     be specified in law in advance for commitments under this 
     paragraph, to obligate an additional amount from future 
     available budget authority specified in law.
       ``(B) Contingent commitment.--A contingent commitment under 
     this subsection is not an obligation of the Federal 
     Government under section 1501 of title 31.
       ``(C) Interest and other financing costs.--
       ``(i) In general.--Interest and other financing costs of 
     carrying out a part of the project within a reasonable time 
     shall be considered a cost of carrying out the project under 
     a multiyear grant agreement, except that eligible costs may 
     not be more than the cost of the most favorable financing 
     terms reasonably available for the project at the time of 
     borrowing.
       ``(ii) Certification.--The applicant shall certify to the 
     Secretary that the applicant has shown reasonable diligence 
     in seeking the most favorable financing terms.
       ``(4) Advance payment.--An eligible entity carrying out a 
     large project under a multiyear grant agreement--
       ``(A) may use funds made available to the eligible entity 
     under this title or title 49 for eligible project costs of 
     the large project; and
       ``(B) shall be reimbursed, at the option of the eligible 
     entity, for such expenditures from the amount made available 
     under the multiyear grant agreement for the project in that 
     fiscal year or a subsequent fiscal year.
       ``(e) Eligible Projects.--
       ``(1) In general.--The Secretary may make a grant under 
     this section only for a project that is a project eligible 
     for assistance under this title or chapter 53 of title 49 and 
     is--
       ``(A) a bridge project carried out on the National Highway 
     System, or that is eligible to be carried out under section 
     165;
       ``(B) a project to improve person throughput that is--
       ``(i) a highway project carried out on the National Highway 
     System, or that is eligible to be carried out under section 
     165;
       ``(ii) a public transportation project; or
       ``(iii) a capital project (as defined in section 22901 of 
     title 49), to improve intercity rail passenger 
     transportation; or
       ``(C) a project to improve freight throughput that is--
       ``(i) a highway freight project carried out on the National 
     Highway Freight Network established under section 167 or on 
     the National Highway System;
       ``(ii) a freight intermodal, freight rail, or railway-
     highway grade crossing or grade separation project; or
       ``(iii) within the boundaries of a public or private 
     freight rail, water (including ports), or intermodal facility 
     and that is a surface transportation infrastructure project 
     necessary to facilitate direct intermodal interchange, 
     transfer, or access into or out of the facility.
       ``(2) Limitation.--
       ``(A) Certain freight projects.--Projects described in 
     clauses (ii) and (iii) of paragraph (1)(C) may receive a 
     grant under this section only if--
       ``(i) the project will make a significant improvement to 
     the movement of freight on the National Highway System; and
       ``(ii) the Federal share of the project funds only elements 
     of the project that provide public benefits.
       ``(B) Certain projects for person throughput.--Projects 
     described in clauses

[[Page S5751]]

     (ii) and (iii) of paragraph (1)(B) may receive a grant under 
     this section only if the project will make a significant 
     improvement in mobility on public roads.
       ``(f) Eligible Project Costs.--An eligible entity that 
     receives a grant under this section may use the grant for--
       ``(1) development phase activities, including planning, 
     feasibility analysis, revenue forecasting, environmental 
     review, preliminary engineering and design work, and other 
     preconstruction activities; and
       ``(2) construction, reconstruction, rehabilitation, 
     acquisition of real property (including land related to the 
     project and improvements to the land), environmental 
     mitigation, construction contingencies, acquisition of 
     equipment, and operational improvements directly related to 
     improving system performance.
       ``(g) Project Requirements.--The Secretary may select a 
     project described under this section for funding under this 
     section only if the Secretary determines that the project--
       ``(1) generates significant regional or national economic, 
     mobility, safety, resilience, or environmental benefits;
       ``(2) is cost effective;
       ``(3) is based on the results of preliminary engineering;
       ``(4) has secured or will secure acceptable levels of non-
     Federal financial commitments, including--
       ``(A) one or more stable and dependable sources of funding 
     and financing to construct, maintain, and operate the 
     project; and
       ``(B) contingency amounts to cover unanticipated cost 
     increases;
       ``(5) cannot be easily and efficiently completed without 
     additional Federal funding or financial assistance available 
     to the project sponsor, beyond existing Federal 
     apportionments; and
       ``(6) is reasonably expected to begin construction not 
     later than 18 months after the date of obligation of funds 
     for the project.
       ``(h) Merit Criteria and Considerations.--
       ``(1) Merit criteria.--In awarding a grant under this 
     section, the Secretary shall evaluate the following merit 
     criteria:
       ``(A) The extent to which the project supports achieving a 
     state of good repair.
       ``(B) The level of benefits the project is expected to 
     generate, including--
       ``(i) the costs avoided by the prevention of closure or 
     reduced use of the asset to be improved by the project;
       ``(ii) reductions in maintenance costs over the life of the 
     asset;
       ``(iii) safety benefits, including the reduction of 
     accidents and related costs;
       ``(iv) improved person or freight throughput, including 
     congestion reduction and reliability improvements;
       ``(v) national and regional economic benefits;
       ``(vi) resilience benefits, including the ability to 
     withstand disruptions from a seismic event;
       ``(vii) environmental benefits, including reduction in 
     greenhouse gas emissions and air quality benefits; and
       ``(viii) benefits to all users of the project, including 
     pedestrian, bicycle, nonvehicular, railroad, and public 
     transportation users.
       ``(C) How the benefits compare to the costs of the project.
       ``(D) The average number of people or volume of freight, as 
     applicable, supported by the project, including visitors 
     based on travel and tourism.
       ``(2) Additional considerations.--In awarding a grant under 
     this section, the Secretary shall consider the following:
       ``(A) Whether the project spans at least 1 border between 2 
     States.
       ``(B) Whether the project serves low-income residents of 
     low-income communities, including areas of persistent 
     poverty, while not displacing those residents.
       ``(C) Whether the project uses innovative technologies, 
     innovative design and construction techniques, or pavement 
     materials that demonstrate reductions in greenhouse gas 
     emissions through sequestration or innovative manufacturing 
     processes and, if so, the degree to which such technologies, 
     techniques, or materials are used.
       ``(D) Whether the project improves connectivity between 
     modes of transportation moving people or goods in the United 
     States or region.
       ``(E) Whether the project provides new or improved 
     connections between at least two metropolitan areas with a 
     population of at least 500,000.
       ``(F) Whether the project would replace, reconstruct, or 
     rehabilitate a commuter corridor (including a high-commuter 
     corridor that is in poor condition.
       ``(G) Whether the project would improve the shared 
     transportation corridor of a multistate corridor.
       ``(i) Project Selection.--
       ``(1) Evaluation.--To evaluate applications for funding 
     under this section, the Secretary shall--
       ``(A) determine whether a project is eligible for a grant 
     under this section;
       ``(B) evaluate, through a methodology that is discernible 
     and transparent to the public, how each application addresses 
     the merit criteria pursuant to subsection (h);
       ``(C) assign a quality rating for each merit criteria for 
     each application based on the evaluation in subparagraph (B);
       ``(D) ensure that applications receive final consideration 
     by the Secretary to receive an award under this section only 
     on the basis of such quality ratings and that the Secretary 
     gives final consideration only to applications that meet the 
     minimally acceptable level for each of the merit criteria; 
     and
       ``(E) award grants only to projects rated highly under the 
     evaluation and rating process.
       ``(2) Considerations for large projects.--In awarding a 
     grant for a large project, the Secretary shall--
       ``(A) consider the amount of funds available in future 
     fiscal years for the program under this section; and
       ``(B) assume the availability of funds in future fiscal 
     years for the program that extend beyond the period of 
     authorization based on the amount made available for the 
     program in the last fiscal year of the period of 
     authorization.
       ``(3) Geographic distribution.--In awarding grants under 
     this section, the Secretary shall ensure geographic diversity 
     and a balance between rural and urban communities among grant 
     recipients over fiscal years 2023 through 2026.
       ``(4) Publication of methodology.--
       ``(A) In general.--Prior to the issuance of any notice of 
     funding opportunity for grants under this section, the 
     Secretary shall publish and make publicly available on the 
     Department's website--
       ``(i) a detailed explanation of the merit criteria 
     developed under subsection (h);
       ``(ii) a description of the evaluation process under this 
     subsection; and
       ``(iii) how the Secretary shall determine whether a project 
     satisfies each of the requirements under subsection (g).
       ``(B) Updates.--The Secretary shall update and make 
     publicly available on the website of the Department of 
     Transportation such information at any time a revision to the 
     information described in subparagraph (A) is made.
       ``(C) Information required.--The Secretary shall include in 
     the published notice of funding opportunity for a grant under 
     this section detailed information on the rating methodology 
     and merit criteria to be used to evaluate applications, or a 
     reference to the information on the website of the Department 
     of Transportation, as required by subparagraph (A).
       ``(j) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project carried out with a grant under this section may not 
     exceed 60 percent.
       ``(2) Maximum federal involvement.--Federal assistance 
     other than a grant under this section may be used to satisfy 
     the non-Federal share of the cost of a project for which such 
     a grant is made, except that the total Federal assistance 
     provided for a project receiving a grant under this section 
     may not exceed 80 percent of the total project cost.
       ``(k) Bridge Investments.--Of the amounts made available to 
     carry out this section, the Secretary shall reserve not less 
     than $1,000,000,000 for each fiscal year to make grants for 
     projects described in subsection (e)(1)(A).
       ``(l) Treatment of Projects.--
       ``(1) Federal requirements.--The Secretary shall, with 
     respect to a project funded by a grant under this section, 
     apply--
       ``(A) the requirements of this title to a highway project;
       ``(B) the requirements of chapter 53 of title 49 to a 
     public transportation project; and
       ``(C) the requirements of section 22905 of title 49 to a 
     passenger rail or freight rail project.
       ``(2) Multimodal projects.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, if an eligible project is a multimodal project, 
     the Secretary shall--
       ``(i) determine the predominant modal component of the 
     project; and
       ``(ii) apply the applicable requirements of such 
     predominant modal component to the project.
       ``(B) Exceptions.--For any public transportation component 
     of a project, the requirements of section 5333 of title 49 
     shall apply.
       ``(C) Buy america.--In applying the Buy America 
     requirements under section 313 of this title and sections 
     5323(j), 22905(a), and 24305(f) of title 49 to a multimodal 
     project under this paragraph, the Secretary shall--
       ``(i) consider the various modal components of the project; 
     and
       ``(ii) seek to maximize domestic jobs.
       ``(m) Tifia Program.--At the request of an eligible entity 
     under this section, the Secretary may use amounts awarded to 
     the entity to pay subsidy and administrative costs necessary 
     to provide the entity Federal credit assistance under chapter 
     6 with respect to the project for which the grant was 
     awarded.
       ``(n) Administration.--Of the amounts made available to 
     carry out this section, the Secretary may use up to 
     $5,000,000 for each fiscal year for the costs of 
     administering the program under this section.
       ``(o) Technical Assistance.--Of the amounts made available 
     to carry out this section, the Secretary may reserve up to 
     $5,000,000 to provide technical assistance to eligible 
     entities.
       ``(p) Congressional Review.--
       ``(1) Notification.--Not less than 60 days before making an 
     award under this section, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee

[[Page S5752]]

     on Environment and Public Works, the Committee on Banking, 
     Housing, and Urban Affairs, and the Committee on Commerce, 
     Science, and Transportation of the Senate--
       ``(A) a list of all applications determined to be eligible 
     for a grant by the Secretary;
       ``(B) the quality ratings assigned to each application 
     pursuant to subsection (i);
       ``(C) a list of applications that received final 
     consideration by the Secretary to receive an award under this 
     section;
       ``(D) each application proposed to be selected for a grant 
     award;
       ``(E) proposed grant amounts, including for each new 
     multiyear grant agreement, the proposed payout schedule for 
     the project; and
       ``(F) an analysis of the impacts of any large projects 
     proposed to be selected on existing commitments and 
     anticipated funding levels for the next 4 fiscal years, based 
     on information available to the Secretary at the time of the 
     report.
       ``(2) Committee review.--Before the last day of the 60-day 
     period described in paragraph (1), each Committee described 
     in paragraph (1) shall review the Secretary's list of 
     proposed projects.
       ``(3) Congressional disapproval.--The Secretary may not 
     make a grant or any other obligation or commitment to fund a 
     project under this section if a joint resolution is enacted 
     disapproving funding for the project before the last day of 
     the 60-day period described in paragraph (1).
       ``(q) Transparency.--
       ``(1) In general.--Not later than 30 days after awarding a 
     grant for a project under this section, the Secretary shall 
     send to all applicants, and publish on the website of the 
     Department of Transportation--
       ``(A) a summary of each application made to the program for 
     the grant application period; and
       ``(B) the evaluation and justification for the project 
     selection, including ratings assigned to all applications and 
     a list of applications that received final consideration by 
     the Secretary to receive an award under this section, for the 
     grant application period.
       ``(2) Briefing.--The Secretary shall provide, at the 
     request of a grant applicant under this section, the 
     opportunity to receive a briefing to explain any reasons the 
     grant applicant was not awarded a grant.
       ``(r) Definition of Eligible Entity.--In this section, the 
     term `eligible entity' means--
       ``(1) a State or a group of States;
       ``(2) a unit of local government, including a metropolitan 
     planning organization, or a group of local governments;
       ``(3) a political subdivision of a State or local 
     government;
       ``(4) a special purpose district or public authority with a 
     transportation function, including a port authority;
       ``(5) an Indian Tribe or Tribal organization;
       ``(6) a Federal agency eligible to receive funds under 
     section 201, 203, or 204, including the Corps of Engineers, 
     Bureau of Reclamation, and the Bureau of Land Management, 
     that applies jointly with a State or group of States;
       ``(7) a territory; and
       ``(8) a multistate or multijurisdictional group of entities 
     described in this subsection.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 117 and inserting the following:

       ``117. Projects of national and regional significance.''.

       On page 586, lines 8 and 9, strike ``, including multimodal 
     freight grants established under section 117 of title 23''.

       On page 2625, lines 19 and 20, strike ``the nationally 
     significant freight and highways projects under section 117'' 
     and insert ``projects of national and regional significance 
     under section 117''.

       On page 2656, line 25, strike ``Nationally Significant 
     Freight and Highway Projects'' and insert ``projects of 
     national and regional significance''.
                                 ______
                                 
  SA 2368. Ms. WARREN (for herself, Mr. Markey, 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:

        On page 203, strike line 17 and insert the following:
     the project is located on a Federal-aid highway.
       ``(t) Projects in Flood-prone Areas.--For projects and 
     actions that, in whole or in part, encroach within the limits 
     of a flood-prone area, the Secretary shall ensure that such 
     projects and actions are--
       ``(1) designed and constructed in a way that takes into 
     account, and mitigates where appropriate, flood risk by using 
     hydrologic, hydraulic, and hydrodynamic data, methods, and 
     analysis that integrate current and projected changes in 
     flooding based on scientific forecasts over the anticipated 
     service life of the asset and future forecasted land use 
     changes; and
       ``(2) designed using analysis that considers the capital 
     costs, risks, and other economic, engineering, social and 
     environmental concerns of constructing a project in a flood-
     prone area.''.
                                 ______
                                 
  SA 2369. Mr. BOOKER (for himself, Mr. Markey, and Ms. 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 in division C, insert the 
     following:

     SEC. 3____. TRANSIT TO TRAILS GRANT PROGRAM.

       (a) Definitions.--In this section:
       (1) Community of color.--The term ``community of color'' 
     means a geographically distinct area in which the population 
     of any of the following categories of individuals is higher 
     than the average population of that category for the State in 
     which the community is located:
       (A) Black.
       (B) African American.
       (C) Asian.
       (D) Pacific Islander.
       (E) Other non-White race.
       (F) Hispanic.
       (G) Latino.
       (2) Critically underserved community.--The term 
     ``critically underserved community'' means--
       (A) a community that can demonstrate to the Secretary that 
     the community has inadequate, insufficient, or no park space 
     or recreation facilities, including by demonstrating--
       (i) quality concerns relating to the available park space 
     or recreation facilities;
       (ii) the presence of recreational facilities that do not 
     serve the needs of the community; or
       (iii) the inequitable distribution of park space for high-
     need populations, based on income, age, or other measures of 
     vulnerability and need;
       (B) a community in which at least 50 percent of the 
     population is not located within \1/2\ mile of park space;
       (C) an environmental justice community; and
       (D) any other community that the Secretary determines to be 
     appropriate.
       (3) Disproportionate burden of adverse human health or 
     environmental effects.--The term ``disproportionate burden of 
     adverse human health or environmental effects'' means a 
     situation where there exists higher or more adverse human 
     health or environmental effects on communities of color, low-
     income communities, and Tribal and Indigenous communities.
       (4) Eligible entity.--The term ``eligible entity'' means--
       (A) a State;
       (B) a political subdivision of a State (including a city or 
     a county) that represents or otherwise serves an urban area 
     or a rural area;
       (C) a special purpose district (including a park district);
       (D) an Indian Tribe (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304)) that represents or otherwise serves an urban area or a 
     rural area; or
       (E) a metropolitan planning organization (as defined in 
     section 134(b) of title 23, United States Code).
       (5) Environmental justice community.--The term 
     ``environmental justice community'' means a community with 
     significant representation of communities of color, low-
     income communities, or Tribal and Indigenous communities that 
     experience, or is at risk of experiencing, a disproportionate 
     burden of adverse human health or environmental effects.
       (6) Low-income community.--The term ``low-income 
     community'' means any census block group in which 30 percent 
     or more of the population are individuals with an annual 
     household income equal to, or less than, the greater of--
       (A) an amount equal to 80 percent of the median income of 
     the area in which the household is located, as reported by 
     the Department of Housing and Urban Development; and
       (B) 200 percent of the Federal poverty line.
       (7) Program.--The term ``program'' means the Transit to 
     Trails Grant Program established under subsection (b)(1).
       (8) Rural area.--The term ``rural area'' means a community 
     that is not an urban area.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (10) Transportation connector.--
       (A) In general.--The term ``transportation connector'' 
     means a system that--
       (i) connects 2 zip codes or communities within a 175-mile 
     radius of a designated service area; and
       (ii) offers rides available to the public.
       (B) Inclusions.--The term ``transportation connector'' 
     includes microtransits, bus lines, bus rails, light rail, 
     rapid transits, or personal rapid transits.

[[Page S5753]]

       (11) Urban area.--The term ``urban area'' means a community 
     that--
       (A) is densely developed;
       (B) has residential, commercial, and other nonresidential 
     areas; and
       (C)(i) is an urbanized area with a population of 50,000 or 
     more; or
       (ii) is an urban cluster with a population of--
       (I) not less than 2,500; and
       (II) not more than 50,000.
       (b) Grant Program.--
       (1) Establishment.--The Secretary shall establish a grant 
     program, to be known as the ``Transit to Trails Grant 
     Program'', under which the Secretary shall award grants to 
     eligible entities for--
       (A) projects that develop transportation connectors or 
     routes in or serving, and related culturally and 
     linguistically appropriate education materials for, 
     critically underserved communities to increase access and 
     mobility to Federal or non-Federal public land, inland and 
     coastal waters, parkland, or monuments; or
       (B) projects that facilitate transportation improvements to 
     enhance access to Federal or non-Federal public land and 
     recreational opportunities in critically underserved 
     communities.
       (2) Administration.--
       (A) In general.--The Secretary shall administer the program 
     to assist eligible entities in the development of 
     transportation connectors or routes in or serving, and 
     related culturally and linguistically appropriate education 
     materials for, critically underserved communities and Federal 
     or non-Federal public land, inland and coastal waters, 
     parkland, and monuments.
       (B) Joint partnerships.--The Secretary shall encourage 
     joint partnership projects under the program, if available, 
     among multiple agencies, including school districts, 
     nonprofit organizations, metropolitan planning organizations, 
     regional transportation authorities, transit agencies, and 
     State and local governmental agencies (including park and 
     recreation agencies and authorities) to enhance investment of 
     public sources.
       (C) Annual grant project proposal solicitation, review, and 
     approval.--
       (i) In general.--The Secretary shall--

       (I) annually solicit the submission of project proposals 
     for grants from eligible entities under the program; and
       (II) review each project proposal submitted under subclause 
     (I) on a timeline established by the Secretary.

       (ii)  Required elements for project proposal.--A project 
     proposal submitted under clause (i)(I) shall include--

       (I) a statement of the purposes of the project;
       (II) the name of the entity or individual with overall 
     responsibility for the project;
       (III) a description of the qualifications of the entity or 
     individuals identified under subclause (II);
       (IV) a description of--

       (aa) staffing and stakeholder engagement for the project;
       (bb) the logistics of the project; and
       (cc) anticipated outcomes of the project;

       (V) a proposed budget for the funds and time required to 
     complete the project;
       (VI) information regarding the source and amount of 
     matching funding available for the project;
       (VII) information that demonstrates the clear potential of 
     the project to contribute to increased access to parkland for 
     critically underserved communities; and
       (VIII) any other information that the Secretary considers 
     to be necessary for evaluating the eligibility of the project 
     for funding under the program.

       (iii) Consultation; approval or disapproval.--The Secretary 
     shall, with respect to each project proposal submitted under 
     this subparagraph, as appropriate--

       (I) consult with the government of each State in which the 
     proposed project is to be conducted;
       (II) after taking into consideration any comments resulting 
     from the consultation under subclause (I), approve or 
     disapprove the proposal; and
       (III) provide written notification of the approval or 
     disapproval to--

       (aa) the individual or entity that submitted the proposal; 
     and
       (bb) each State consulted under subclause (I).
       (D) Priority.--To the extent practicable, in determining 
     whether to approve project proposals under the program, the 
     Secretary shall prioritize projects that--
       (i) are designed to increase access and mobility to local 
     or neighborhood Federal or non-Federal public land, inland 
     and coastal waters, parkland, monuments, or recreational 
     opportunities;
       (ii) use low- or zero-emission vehicles;
       (iii) provide free or discounted rates for low-income 
     riders of transportation connectors;
       (iv) provide opportunities for youth engagement;
       (v) give employment preference to individuals living in the 
     community in which the project is carried out;
       (vi) are carried out in--

       (I) a community of color;
       (II) a low-income community;
       (III) a Tribal or Indigenous community; or
       (IV) a rural community;

       (vii) would capitalize on existing established public-
     private partnerships; and
       (viii) comply with applicable provisions of the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (3) Transportation planning procedures.--
       (A) Procedures.--In consultation with the head of each 
     appropriate Federal land management agency, the Secretary 
     shall develop, by rule, transportation planning procedures 
     for projects conducted under the program that are consistent 
     with metropolitan and statewide planning processes.
       (B) Requirements.--All projects carried out under the 
     program shall be developed in cooperation with States and 
     metropolitan planning organizations.
       (4) ADA compliance.--The Secretary shall ensure that all 
     new transportation connectors and routes developed under the 
     program are accessible to people with disabilities in 
     accordance with accessibility specifications for 
     transportation vehicles under the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12101 et seq.).
       (5) Stakeholder engagement.--In carrying out the program, 
     the Secretary shall--
       (A) meaningfully engage with relevant stakeholders, 
     particularly--
       (i) impacted community members;
       (ii) transportation partners;
       (iii) existing potential passengers of the transportation 
     connectors;
       (iv) Indian Tribes and Tribal representatives; and
       (v) faith-based and community-based organizations; and
       (B) ensure that the input of the stakeholders described in 
     subparagraph (A) is central to the determination of new 
     transportation connectors and routes.
       (6) Non-federal contributions.--
       (A) In general.--The Federal share of the cost of an 
     eligible project provided a grant under the program shall not 
     exceed 80 percent.
       (B) Non-federal share.--The non-Federal share of the cost 
     of an eligible project provided a grant under the program may 
     be in the form of in-kind contributions.
       (7) Eligible uses.--Grant funds provided under the program 
     may be used--
       (A) to develop transportation connectors or routes in or 
     serving, and related culturally and linguistically 
     appropriate education materials for, critically underserved 
     communities to increase access and mobility to Federal and 
     non-Federal public land, inland and coastal waters, parkland, 
     and monuments; and
       (B) to create or significantly enhance access to Federal or 
     non-Federal public land and recreational opportunities in an 
     urban area or a rural area.
       (8) Grant amount.--A grant provided under the program shall 
     be--
       (A) not less than $25,000; and
       (B) not more than $500,000.
       (9) Technical assistance.--It is the intent of Congress 
     that grants provided under the program deliver project funds 
     to areas of greatest need while offering technical assistance 
     to all applicants and potential applicants for grant 
     preparation to encourage full participation in the program.
       (10) Public information.--The Secretary shall ensure that 
     current schedules and routes for transportation systems 
     developed after the receipt of a grant under the program are 
     available to the public, including on a website maintained by 
     the recipient of a grant.
       (c) Reporting Requirement.--
       (1) Reports by grant recipients.--The Secretary shall 
     require a recipient of a grant under the program to submit to 
     the Secretary at least 1 performance and financial report 
     that--
       (A) includes--
       (i) demographic data on communities served by the project; 
     and
       (ii) a summary of project activities conducted after 
     receiving the grant; and
       (B) describes the status of each project funded by the 
     grant as of the date of the report.
       (2) Additional reports.--In addition to the report required 
     under paragraph (1), the Secretary may require additional 
     reports from a recipient, as the Secretary determines to be 
     appropriate, including a final report.
       (3) Deadlines.--The Secretary shall establish deadlines for 
     the submission of each report required under paragraph (1) or 
     (2).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $10,000,000 for each of fiscal years 2022 and 2023;
       (2) $20,000,000 for each of fiscal years 2024 and 2025; and
       (3) $40,000,000 for fiscal year 2026.
                                 ______
                                 
  SA 2370. Mr. BOOKER 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 312, line 10, insert ``, including with respect to 
     power levels and charging speed, and minimizing the time to 
     charge or refuel current and anticipated vehicles'' before 
     the semicolon at the end.

[[Page S5754]]

  

                                 ______
                                 
  SA 2371. Mr. BOOKER 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 67, strike line 10 and insert the following:

     metropolitan planning organizations.
       ``(5) Areas of persistent poverty.--The Federal share 
     payable on account of a project, program, or activity carried 
     out in an area of persistent poverty (as term is defined 
     under section 6702 of title 49) with funds apportioned under 
     section 104(b) of this title or made available under chapter 
     53 of title 49 may be increased by up to 5 percent, up to 100 
     percent of the total project cost of any such project, 
     program, or activity.''.
                                 ______
                                 
  SA 2372. Mr. CARDIN (for himself and Mr. Tillis) 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 71103(a)(2) of title XI of division G, strike 
     subparagraph (B) and insert the following:
       (B) serves rural areas.

       In section 71103(b) of title XI of division G, strike 
     ``funds to States to provide such basic essential ferry 
     service.'' and inserting the following: ``funds to--
       (1) States to provide such basic essential ferry service; 
     and
       (2) units of local government to support eligible 
     activities, as determined by the Secretary under subsection 
     (c), that are carried out by private ferry operators within 
     the jurisdiction of the unit of local government.
       In section 71103(c) of title XI of division G, strike ``for 
     the provision of funds to States'' and insert ``for the 
     provision of funds to, and use of funds by, States and units 
     of local government''.
       In section 71103(e) of title XI of division G, insert ``or 
     unit of local government'' after ``State'' each place it 
     appears.
                                 ______
                                 
  SA 2373. 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.--Before the Secretary approves 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, the State or project sponsor shall--
       ``(A) demonstrate 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) demonstrate 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) have 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 2374. Mr. BOOKER (for himself and 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 1300, strike line 18 and insert the following:
     114-94) were not utilized.
       ``(12) Additional eligible entities.--A State or local 
     governmental authority may be considered an eligible 
     recipient for purposes of paragraph (1) if the State or local 
     governmental authority seeks a grant for the public 
     transportation share of a capital project relating to a bus-
     related facility, including a facility that is used for 
     public transportation and intercity bus services.'';
                                 ______
                                 
  SA 2375. Ms. ERNST submitted an amendment intended to be proposed by 
her 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.

       An awardee or subawardee 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 2376. 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:

       Beginning on page 697, strike line 15 and all that follows 
     through page 698, line 7, and insert the following:
       (a) Northeast Corridor.--There are authorized to be 
     appropriated to the Secretary for grants to Amtrak for 
     activities associated with the Northeast Corridor the 
     following amounts:
       (1) For fiscal year 2022, $1,270,000,000.
       (2) For fiscal year 2023, $800,000,000.
       (3) For fiscal year 2024, $900,000,000.
       (4) For fiscal year 2025, $1,000,000,000.
       (5) For fiscal year 2026, $1,100,000,000.
       (b) National Network.--There are authorized to be 
     appropriated to the Secretary for grants to Amtrak for 
     activities associated with the National Network the following 
     amounts:
       (1) For fiscal year 2022, $1,300,000,000.
       (2) For fiscal year 2023, $1,200,000,000.
       (3) For fiscal year 2024, $1,450,000,000.
       (4) For fiscal year 2025, $1,700,000,000.
       (5) For fiscal year 2026, $2,000,000,000.
       At the end of subtitle C of title III of division D, add 
     the following:

     SEC. 40324. AUTHORIZATION OF APPROPRIATION FOR URANIUM 
                   ENRICHMENT ACTIVITIES.

       There are authorized to be appropriated to the Secretary 
     $1,000,000,000 for each of the fiscal years 2022 through 2026 
     for uranium enrichment activities.
       On page 1450, between lines 8 and 9, insert the following:

[[Page S5755]]

       (g) Authorization of Appropriation for Lithium Extraction 
     or Purification Activities.--There are authorized to be 
     appropriated to the Secretary $300,000,000 for each of the 
     fiscal years 2022 through 2026 for lithium extraction or 
     purification activities.
                                 ______
                                 
  SA 2377. 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 60504.
                                 ______
                                 
  SA 2378. 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:

        On page 1209, line 9, strike ``illegal''.
                                 ______
                                 
  SA 2379. 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:

        Beginning on page 2397, strike line 9 and all that follows 
     through page 2399, line 10.
       Beginning on page 2691, strike line 13 and all that follows 
     through page 2692, line 24.
                                 ______
                                 
  SA 2380. 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:

        On page 2095, strike lines 18 through 20.
       On page 2149, lines 11 and 12, strike ``gender identity, 
     sexual orientation,''.
                                 ______
                                 
  SA 2381. 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:

        On page 2349, strike lines 10 through 21 and insert the 
     following: ``and access and report the findings of the review 
     to the Director of the Office of Management and Budget, the 
     Secretary of Defense, and the Secretary of State.
       (2) Review of reciprocal procurement memoranda of 
     understanding.--The Made in America Director shall review 
     reciprocal procurement memoranda of understanding entered 
     into after the date of the enactment of this Act between the 
     Department of Defense and its counterparts in foreign 
     governments to assess whether domestic entities will have 
     equal access under
                                 ______
                                 
  SA 2382. 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 2149, lines 11 and 12, strike ``sex, gender 
     identity, sexual orientation,''.
                                 ______
                                 
  SA 2383. 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 2695, lines 4 and 5, strike ``for `Port 
     Infrastructure Development Program' '' and insert ``to carry 
     out the port infrastructure development program under section 
     50302(c) of title 46, United States Code''.
       Beginning on page 2695, strike ``Pro-'' on line 16 and all 
     that follows through page 2696, line 22.
                                 ______
                                 
  SA 2384. Mr. DAINES (for himself and Ms. Stabenow) 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 2438, between lines 12 and 13, insert the 
     following:

     SEC. 80605. LIMITATION ON DEDUCTION FOR QUALIFIED 
                   CONSERVATION CONTRIBUTIONS MADE BY PASS-THROUGH 
                   ENTITIES.

       (a) In General.--Section 170(h) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(7) Limitation on deduction for qualified conservation 
     contributions made by pass-through entities.--
       ``(A) In general.--A contribution by a partnership (whether 
     directly or as a distributive share of a contribution of 
     another partnership) shall not be treated as a qualified 
     conservation contribution for purposes of this section if the 
     amount of such contribution exceeds 2.5 times the sum of each 
     partner's relevant basis in such partnership.
       ``(B) Relevant basis.--For purposes of this paragraph--
       ``(i) In general.--The term `relevant basis' means, with 
     respect to any partner, the portion of such partner's 
     modified basis in the partnership which is allocable (under 
     rules similar to the rules of section 755) to the portion of 
     the real property with respect to which the contribution 
     described in subparagraph (A) is made.
       ``(ii) Modified basis.--The term `modified basis' means, 
     with respect to any partner, such partner's adjusted basis in 
     the partnership as determined--

       ``(I) immediately before the contribution described in 
     subparagraph (A),
       ``(II) without regard to section 752, and
       ``(III) by the partnership after taking into account the 
     adjustments described in subclauses (I) and (II) and such 
     other adjustments as the Secretary may provide.

       ``(C) Exception for contributions outside 3-year holding 
     period.--Subparagraph (A) shall not apply to any contribution 
     which is made at least 3 years after the latest of--
       ``(i) the last date on which the partnership that made such 
     contribution acquired any portion of the real property with 
     respect to which such contribution is made,
       ``(ii) the last date on which any partner in the 
     partnership that made such contribution acquired any interest 
     in such partnership, and
       ``(iii) if the interest in the partnership that made such 
     contribution is held through one or more partnerships--

       ``(I) the last date on which any such partnership acquired 
     any interest in any other such partnership, and
       ``(II) the last date on which any partner in any such 
     partnership acquired any interest in such partnership.

       ``(D) Exception for family partnerships.--
       ``(i) In general.--Subparagraph (A) shall not apply with 
     respect to any contribution made by any partnership if 
     substantially all of the partnership interests in such 
     partnership are held, directly or indirectly, by an 
     individual and members of the family of such individual.
       ``(ii) Members of the family.--For purposes of this 
     subparagraph, the term `members of the family' means, with 
     respect to any individual--

       ``(I) the spouse of such individual, and
       ``(II) any individual who bears a relationship to such 
     individual which is described in subparagraphs (A) through 
     (G) of section 152(d)(2).

       ``(E) Application to other pass-through entities.--Except 
     as may be otherwise provided by the Secretary, the rules of 
     this paragraph shall apply to S corporations and other pass-
     through entities in the same manner as such rules apply to 
     partnerships.
       ``(F) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary or 
     appropriate to carry out the purposes of this paragraph, 
     including regulations or other guidance--
       ``(i) to require reporting, including reporting related to 
     tiered partnerships and the modified basis of partners, and

[[Page S5756]]

       ``(ii) to prevent the avoidance of the purposes of this 
     paragraph.''.
       (b) Application of Accuracy-Related Penalties.--
       (1) In general.--Section 6662(b) of the Internal Revenue 
     Code of 1986 is amended by inserting after paragraph (9) the 
     following new paragraph:
       ``(10) Any disallowance of a deduction by reason of section 
     170(h)(7).''.
       (2) Treatment as gross valuation misstatement.--Section 
     6662(h)(2) of such Code is amended by striking ``and'' at the 
     end of subparagraph (B), by striking the period at the end of 
     subparagraph (C) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(D) any disallowance of a deduction described in 
     subsection (b)(10).''.
       (3) No reasonable cause exception.--Section 6664(c)(2) of 
     such Code is amended by inserting ``or to any disallowance of 
     a deduction described in section 6662(b)(10)'' before the 
     period at the end.
       (4) Approval of assessment not required.--Section 
     6751(b)(2)(A) of such Code is amended by striking 
     ``subsection (b)(9)'' and inserting ``paragraph (9) or (10) 
     of subsection (b)''.
       (c) Application of Statute of Limitations on Assessment and 
     Collection.--
       (1) Extension for certain adjustments made under prior 
     law.--In the case of any disallowance of a deduction by 
     reason of section 170(h)(7) of the Internal Revenue Code of 
     1986 (as added by this section) or any penalty imposed under 
     section 6662 of such Code with respect to such disallowance, 
     section 6229(d)(2) of such Code (as in effect before its 
     repeal) shall be applied by substituting ``2 years'' for ``1 
     year''.
       (2) Extension for listed transactions.--Any contribution 
     described in section 170(h)(7)(A) of the Internal Revenue 
     Code of 1986 (as added by this section) shall be treated for 
     purpose of sections 6501(c)(10) and 6235(c)(6) of such Code 
     as a transaction specifically identified by the Secretary on 
     December 23, 2016, as a tax avoidance transaction for 
     purposes of section 6011 of such Code.
       (d) Application to Certain Transactions Disallowed Under 
     Other Provisions of Law.--In the case of any disallowance of 
     a deduction under section 170 of the Internal Revenue Code of 
     1986 with respect a transaction described in Internal Revenue 
     Service Notice 2017-10 with respect to a taxable year ending 
     before the date of the enactment of this Act, such 
     disallowance shall be treated for purposes of section 
     6662(b)(10) of such Code (as added by this section) and 
     subsection (c)(1) as being by reason of section 170(h)(7) of 
     such Code (as added by this section).
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to contributions 
     made after December 23, 2016, in taxable years ending after 
     such date.
       (2) Certified historic structures.--In the case of 
     contributions the conservation purpose (as defined in section 
     170(h)(4) of the Internal Revenue Code of 1986) of which is 
     the preservation of a certified historic structure (as 
     defined in section 170(h)(4)(C) of such Code), the amendments 
     made by this section shall apply to contributions made in 
     taxable years beginning after December 31, 2018.
       (3) No inference.--No inference is intended as to the 
     appropriate treatment of contributions made in taxable years 
     ending on or before the date specified in paragraph (1) or 
     (2), whichever is applicable, or as to any activity not 
     described in section 170(h)(7) of the Internal Revenue Code 
     of 1986, as added by this section.
                                 ______
                                 
  SA 2385. Mr. CRUZ 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. DESIGNATION OF CERTAIN AIRPORTS AS PORTS OF 
                   ENTRY.

       (a) In General.--The President shall--
       (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, 
     chapter 223; 19 U.S.C. 2), designate each airport described 
     in subsection (b) as a port of entry; and
       (2) terminate the application of the user fee requirement 
     under section 236 of the Trade and Tariff Act of 1984 (19 
     U.S.C. 58b) with respect to the airport.
       (b) Airports Described.--An airport described in this 
     subsection is an airport that--
       (1) is a primary airport (as defined in section 47102 of 
     title 49, United States Code);
       (2) is located not more than 30 miles from the northern or 
     southern international land border of the United States;
       (3) is associated, through a formal, legal instrument, 
     including a valid contract or governmental ordinance, with a 
     land border crossing or a seaport not more than 30 miles from 
     the airport; and
       (4) through such association, meets the numerical criteria 
     considered by U.S. Customs and Border Protection for 
     establishing a port of entry, as set forth in--
       (A) Treasury Decision 82-37 (47 Fed. Reg. 10137; relating 
     to revision of customs criteria for establishing ports of 
     entry and stations), as revised by Treasury Decisions 86-14 
     (51 Fed. Reg. 4559) and 87-65 (52 Fed. Reg. 16328); or
       (B) any successor guidance or regulation.
                                 ______
                                 
  SA 2386. Mr. RISCH (for himself, Ms. Cortez Masto, and Ms. Rosen) 
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___. CYBERSECURITY COOPERATIVE MARKETPLACE PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Covered industry sectors.--The term ``covered industry 
     sectors'' means the following industry sectors:
       (A) Accommodation and food services.
       (B) Agriculture.
       (C) Construction.
       (D) Healthcare and social assistance.
       (E) Retail and wholesale trade.
       (F) Transportation and warehousing.
       (G) Entertainment and recreation.
       (H) Finance and insurance.
       (I) Manufacturing.
       (J) Information and telecommunications.
       (K) Any other industry sector that the Administrator 
     determines to be relevant.
       (3) Covered vendor.--The term ``covered vendor'' means a 
     vendor of cybersecurity products and services, including 
     cybersecurity risk insurance.
       (4) Cybersecurity.--The term ``cybersecurity'' means--
       (A) the art of protecting networks, devices, and data from 
     unauthorized access or criminal use; and
       (B) the practice of ensuring the confidentiality, 
     integrity, and availability of information.
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' means the possibility of a malicious attempt to 
     infiltrate, damage, disrupt, or destroy computer networks or 
     systems.
       (6) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3(a) of 
     the Small Business Act (15 U.S.C. 632(a)).
       (b) Cybersecurity Cooperative Marketplace Program.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Administrator, in consultation 
     with the Director of the National Institute of Standards and 
     Technology, shall establish a program to assist small 
     business concerns with purchasing cybersecurity products and 
     services.
       (2) Duties.--In carrying out the program established under 
     paragraph (1), the Administrator shall--
       (A) educate small business concerns about the types of 
     cybersecurity products and services that are specific to each 
     covered industry sector; and
       (B) provide outreach to covered vendors and small business 
     concerns to encourage use of the cooperative marketplace 
     described in paragraph (3).
       (3) Cooperative marketplace for purchasing cybersecurity 
     products and services.--The Administrator shall--
       (A) establish and maintain a website that--
       (i) is free to use for small business concerns and covered 
     vendors; and
       (ii) provides a cooperative marketplace that facilitates 
     the creation of mutual agreements under which small business 
     concerns cooperatively purchase cybersecurity products and 
     services from covered vendors; and
       (B) determine whether each covered vendor and each small 
     business concern that participates in the marketplace 
     described in subparagraph (A) is legitimate, as determined by 
     the Administrator.
       (4) Sunset.--This subsection ceases to be effective on 
     September 30, 2024.
       (c) GAO Study on Available Federal Cybersecurity 
     Initiatives.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study that identifies any improvements 
     that could be made to Federal initiatives that--
       (A) train small business concerns how to avoid 
     cybersecurity threats; and
       (B) are in effect on the date on which the Comptroller 
     General commences the study.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report that 
     contains the results of the study required under paragraph 
     (1).
                                 ______
                                 
  SA 2387. Mr. CRUZ 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.

[[Page S5757]]

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. ___. GAO REVIEWS.

       (a) Report to Committees.--Not later than 180 days after 
     the date of enactment of this Act, the Comptroller General of 
     the United States 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 analyzes, for the 20-year period preceding the 
     date of enactment of this Act--
       (1) the total amount spent by the Federal Government 
     regarding the deployment of broadband, without regard to 
     whether the source of that funding was appropriated amounts, 
     user-generated fees, or any other source; and
       (2) the total amount spent by State and local governments 
     regarding the deployment of broadband, without regard to 
     whether the source of that funding was appropriated amounts, 
     user-generated fees, or any other source.
       (b) Annual Analysis.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Comptroller General of the United States shall conduct a 
     review of, for the year covered by the review--
       (A) the total amount spent by the Federal Government, and 
     State and local governments, regarding the deployment of 
     broadband, without regard to whether the source of that 
     funding was appropriated amounts, user-generated fees, or any 
     other source;
       (B) the return on investment with respect to the investment 
     described in subparagraph (A); and
       (C) which Federal programs and agencies have engaged in 
     activities regarding the deployment of broadband.
       (2) Public availability.--The Comptroller General of the 
     United States shall make the results of each review conducted 
     under paragraph (1) publicly available in an easily 
     accessible electronic format.
                                 ______
                                 
  SA 2388. Mr. CRUZ (for himself, Mr. Barrasso, 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:

        Strike section 80201.

                                 ______
                                 
  SA 2389. Mr. CRUZ 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. ___. PROHIBITION ON EXECUTIVE AGENCIES ACTING IN 
                   CONTRAVENTION OF EXECUTIVE ORDER 13950.

       (a) Definitions.--
       (1) EO 13950.--The term ``EO 13950'' means Executive Order 
     13950 (5 U.S.C. 4103 note; relating to combating race and sex 
     stereotyping).
       (2) Executive agency.--The term ``Executive agency'' has 
     the meaning given the term in section 105 of title 5, United 
     States Code.
       (b) Findings.--Congress finds the following:
       (1) On September 22, 2020, President Trump issued EO 13950.
       (2) EO 13950 was designed ``to promote economy and 
     efficiency in Federal contracting, to promote unity in the 
     Federal workforce, and to combat offensive and anti-American 
     race and sex stereotyping and scapegoating''.
       (3) Specifically, EO 13950, among other things, prohibited 
     Federal agencies from teaching, advocating, acting upon, or 
     promoting in any training to agency employees certain 
     divisive concepts, such as concepts that include a teaching 
     or belief that ``(1) one race or sex is inherently superior 
     to another race or sex; (2) the United States is 
     fundamentally racist or sexist; (3) an individual, by virtue 
     of his or her race or sex, is inherently racist, sexist, or 
     oppressive, whether consciously or unconsciously; (4) an 
     individual should be discriminated against or receive adverse 
     treatment solely or partly because of his or her race or sex; 
     (5) members of one race or sex cannot and should not attempt 
     to treat others without respect to race or sex; (6) an 
     individual's moral character is necessarily determined by his 
     or her race or sex; (7) an individual, by virtue of his or 
     her race or sex, bears responsibility for actions committed 
     in the past by other members of the same race or sex; (8) any 
     individual should feel discomfort, guilt, anguish, or any 
     other form of psychological distress on account of his or her 
     race or sex; or (9) meritocracy or traits such as a hard work 
     ethic are racist or sexist, or were created by a particular 
     race to oppress another race''.
       (4) EO 13950 further required that diversity and inclusion 
     efforts of Federal agencies must ``first and foremost, 
     encourage agency employees not to judge each other by their 
     color, race, ethnicity, sex, or any other characteristic 
     protected by Federal law''.
       (5) EO 13950 was issued soon after the Director of the 
     Office of Management and Budget, Russell Vought, issued a 
     September 4, 2020, memorandum (referred to in this section as 
     the ``September 4, 2020, memorandum'') in which he explained 
     that--
       (A) millions of taxpayer dollars have been spent on 
     training Federal employees to ``believe divisive, anti-
     American propaganda'';
       (B) training sessions have taught that ``virtually all 
     White people contribute [or benefit from] to racism''; and
       (C) training sessions have claimed that ``there is racism 
     embedded in the belief that America is the land of 
     opportunity or the belief that the most qualified person 
     should receive a job''.
       (6) In the September 4, 2020, memorandum, Director Vought 
     further explained that the trainings described in paragraph 
     (5) ``not only run counter to the fundamental beliefs for 
     which our Nation has stood since its inception, but they also 
     engender division and resentment within the Federal 
     workforce''.
       (7) EO 13950 and the September 4, 2020, memorandum stood as 
     a direct rebuke of so-called ``critical race theory''.
       (8) Critical race theory, according to Heritage Foundation 
     visiting fellow Chris Rufo (referred to in this section as 
     ``Rufo''), is ``the idea that the United States is a 
     fundamentally racist country and that all of the 
     institutions, including the law, culture, business, the 
     economy are all designed to maintain white supremacy''.
       (9) Critical race theory is, at its core, anti-American, 
     discriminatory, and based on Marxist ideology.
       (10) Critical race theory relies on a Marxist analytical 
     framework, viewing society in terms of the oppressed and the 
     oppressor, and instills a defeatist mentality in the 
     individuals that critical race theory casts as the oppressed.
       (11) Critical race theory's objective is the destruction 
     and replacement of Western Enlightenment Liberalism with a 
     Marxist-influenced government.
       (12) Critical race theory intentionally seeks to undermine 
     capitalism and western values, such as property rights, free 
     speech, and the very concept of Lockean natural rights.
       (13) At the Department of Homeland Security, Rufo 
     explained, trainers ``insisted that statements such as 
     `America is the land of opportunity,' `Everybody can succeed 
     in this society, if they work hard enough,' and `I believe 
     the most qualified person should get the job' are racist and 
     harmful''.
       (14) At a training session at the National Credit Union 
     Administration, diversity trainer Howard Ross taught that 
     ``It is irrefutable that [American society] is a system based 
     on racism'' and ``good and decent [White] people . . . 
     support the status quo [of] a system of systematized 
     racism''.
       (15) According to Rufo, employees of the Department of the 
     Treasury and Federal financial agencies attended a series of 
     events at which diversity trainer Howard Ross taught 
     employees that all White individuals in the United States are 
     complicit in White supremacy ``by automatic response to the 
     ways we're taught Whiteness includes White privilege and 
     White supremacy''.
       (16) Martin Luther King, Jr., in his ``I have a dream 
     speech'' said, ``I look to a day when people will not be 
     judged by the color of their skin, but by the content of 
     their character''.
       (17) By teaching that certain individuals, by virtue of 
     inherent characteristics, are inherently flawed, critical 
     race theory contradicts the basic principle upon which the 
     United States was founded that all men and women are created 
     equal.
       (18) The teachings of critical race theory stand in 
     contrast to the overarching goal of the Civil Rights Act of 
     1964 (42 U.S.C. 2000A et seq.) to prevent discrimination on 
     the basis of race, color, or national origin in the United 
     States.
       (19) Critical race theory seeks to portray the United 
     States not as a united Nation of individuals, families, and 
     communities striving for a common purpose, but rather a 
     Nation of many victimized groups based on sex, race, national 
     origin, and gender.
       (20) Critical race theory, and its emphasis on 
     predetermining the thoughts, beliefs, and actions of an 
     individual, flouts the guarantee of Constitution of the 
     United States of equal protection under the law to all men 
     and women.
       (21) On January 20, 2021, President Joe Biden issued 
     Executive Order 13985 (86 Fed. Reg. 7009; relating to 
     advancing racial equity and support for underserved 
     communities through the Federal Government) (referred to in 
     this section as ``EO 13985''), which revoked EO 13950.
       (22) The people of the United States should defend the 
     civil rights of all people and seek

[[Page S5758]]

     to eliminate racism wherever it exists. Critical race theory 
     and its propagation within the Federal Government through EO 
     13985 desecrates this paramount pursuit to eliminate racism.
       (c) Prohibition.--No Executive agency may act in 
     contravention of EO 13950, except as EO 13950 relates to 
     contractors and grant recipients.
       (d) Limitation on Funds.--An Executive agency or any other 
     recipient of Federal funds may not use Federal funds to teach 
     or advance the idea, or otherwise award any grant or subgrant 
     using Federal funds to any Executive agency, entity, or 
     individual that teaches or otherwise advances the idea, 
     that--
       (1) one race is inherently superior or inferior to another 
     race;
       (2) an individual or a group of individuals, by virtue of 
     the race of the individual or group of individuals--
       (A) is superior or inferior to another individual, or a 
     group of individuals, who is of a different race;
       (B) bears responsibility or moral culpability for the 
     actions committed by other individuals who are of the same 
     race as the individual or group of individuals; or
       (C) is inherently racist or oppressive, whether consciously 
     or unconsciously;
       (3) the race of an individual or a group of individuals is 
     determinative of the moral worth of the individual or group 
     of individuals;
       (4) the United States is a fundamentally racist country; or
       (5) the founding documents of the United States, including 
     the Declaration of Independence and the Constitution of the 
     United States, are fundamentally racist documents.
                                 ______
                                 
  SA 2390. Mr. CRUZ 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. RESTRICTION OF FUNDING FOR LOCAL EDUCATIONAL 
                   AGENCIES THAT DO NOT HAVE IN-PERSON 
                   INSTRUCTION.

       Notwithstanding any other provision of this Act, or an 
     amendment made by this Act, no funds shall be provided under 
     this Act, or an amendment made by this Act, to a local 
     educational agency (as defined in section 8101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)) if any public elementary school or secondary school 
     served by such agency does not provide, in the 2021-2022 
     school year, 5-day-a-week, in-classroom instruction for the 
     students enrolled in the school in the same manner as 5-day-
     a-week, in-classroom instruction for the students enrolled in 
     the school was provided in the 2018-2019 school year.
                                 ______
                                 
  SA 2391. Mr. CRUZ 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 304, between lines 3 and 4, insert the following:

     SEC. 11320. LIMITATIONS ON CLAIMS.

       (a) In General.--Section 139(l) of title 23, United States 
     Code, is amended by striking ``150 days'' each place it 
     appears and inserting ``90 days''.
       (b) Conforming Amendments.--
       (1) Section 330(e) of title 23, United States Code, is 
     amended--
       (A) in paragraph (2)(A), by striking ``150 days'' and 
     inserting ``90 days''; and
       (B) in paragraph (3)(B)(i), by striking ``150 days'' and 
     inserting ``90 days''.
       (2) Section 24201(a)(4) of title 49, United States Code, is 
     amended by striking ``of 150 days''.
       On page 2304, strike line 15.
       On page 2305, between lines 19 and 20, insert the 
     following:
       (C) in paragraph (4)(A), by striking ``or (C)'' and 
     inserting ``or (D)''; and
       On page 2305, strike lines 21 through 23 and insert the 
     following:
       (A) in subparagraph (A)--
       (i) by striking ``coordination'' and inserting 
     ``coordinated''; and
       (ii) by striking ``subparagraph (C)'' and inserting 
     ``subparagraph (D)'';
       (B) by redesignating subparagraphs (B) through (G) as 
     subparagraphs (C) through (H), respectively;
       (C) by inserting after subparagraph (A) the following:
       ``(B) Notice of intent and scoping.--
       ``(i) In general.--The permitting timetable under 
     subparagraph (A) shall require that not later than 5 business 
     days after the Coordinated Project Plan is required to be 
     established under paragraph (1)(A), the lead agency shall 
     publish in the Federal Register a notice of intent to prepare 
     the relevant environmental document required by NEPA.
       ``(ii) Environmental impact statements.--If the relevant 
     environmental document required by NEPA is an environmental 
     impact statement, the notice of intent required under clause 
     (i) and the permitting timetable under subparagraph (A) shall 
     provide for a public scoping period of not longer than 60 
     days, which shall begin not later than 30 days after the date 
     on which the notice of intent is published.'';
       (D) in clause (i) of subparagraph (E) (as so 
     redesignated)--
       On page 2306, line 11, strike ``and'' at the end.
       On page 2306, strike line 15 and insert the following:
       (iv) in subclause (IV) (as so redesignated), by striking 
     ``subparagraph (B)'' and inserting ``subparagraph (C)''; and
       (E) in subparagraph (G) (as so redesignated)--
       On page 2306, strike line 19.
       On page 2306, between lines 21 and 22, insert the 
     following:

       (III) by striking ``subparagraph (D)'' and inserting 
     ``subparagraph (E)''; and

       On page 2307, line 12, strike the period at the end and 
     insert ``; and''.
       On page 2307, between lines 12 and 13, insert the 
     following:
       (F) in clause (iii) of subparagraph (H) (as so 
     redesignated), by striking ``subparagraph (F)'' and inserting 
     ``subparagraph (G)''.
       On page 2310, strike lines 23 and 24 and insert the 
     following:
       (4) by redesignating subsection (f) as subsection (h); and
       On page 2311, strike lines 3 through 7 and insert the 
     following:
       ``(f) Final Environmental Impact Statement.--
       ``(1) Incorporation of comments and publication of final 
     environmental impact statement.--Subject to paragraph (2)(C), 
     not later than 30 days after the date on which the public 
     comment period for a draft environmental impact statement 
     under subsection (d) ends, the lead agency shall--
       ``(A) incorporate any necessary changes; and
       ``(B) approve, adopt, and publish the final environmental 
     impact statement.
       ``(2) Preparation by project sponsor.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, an environmental impact statement for a covered project 
     shall not be considered legally insufficient solely because 
     the draft environmental impact statement was prepared by, or 
     under the supervision of, the project sponsor, if the lead 
     agency--
       ``(i) furnishes guidance and participates in the 
     preparation of the environmental impact statement;
       ``(ii) independently evaluates the environmental impact 
     statement; and
       ``(iii) approves and adopts the environmental impact 
     statement.
       ``(B) Approval and adoption of draft statement.--If the 
     lead agency approves and adopts a draft environmental impact 
     statement described in subparagraph (A), the lead agency 
     shall publish the draft environmental impact statement for 
     public comment not later than 30 days after the date on which 
     the lead agency receives the draft environmental impact 
     statement.
       ``(C) Resubmission.--If the lead agency determines that a 
     draft environmental impact statement described in 
     subparagraph (A) is legally insufficient or deficient in a 
     respect that could affect the decision of a lead agency or a 
     cooperating agency, the lead agency shall, not later than 30 
     days after the date on which the agency receives the draft 
     environmental impact statement--
       ``(i) indicate all deficiencies in the draft environmental 
     impact statement to the project sponsor for remediation; and
       ``(ii) allow the project sponsor to resubmit the draft 
     detailed statement in accordance with subparagraph (B).
       ``(D) Savings provision.--The procedures under this 
     paragraph shall not relieve any agency of--
       ``(i) any responsibility for the scope, objectivity, or 
     content of an environmental impact statement; or
       ``(ii) any other responsibility under NEPA.
       ``(g) Record of Decision.--When an environmental impact 
     statement is prepared, Federal agencies shall, to the maximum 
     extent practicable, issue a record of decision not later than 
     90 days after the date on which the final environmental 
     impact statement is issued.''.
       On page 2311, line 20, strike ``and'' at the end.
       On page 2311, strike lines 21 through 23 and insert the 
     following:
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``In addition'' and inserting ``Subject to 
     subsection (c), in addition'';
       (3) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c) Preliminary Injunctive Relief in NEPA Actions.--In 
     the case of an action pertaining to an environmental review 
     conducted under NEPA, a court shall not issue a temporary 
     restraining order or preliminary injunction against an agency 
     or a project sponsor in connection with the review or 
     authorization of a covered project unless the court, in the 
     discretion of the court, determines that--

[[Page S5759]]

       ``(1) the environmental review has failed substantially and 
     materially to comply with the requirements of NEPA; and
       ``(2) the failure described in paragraph (1) cannot be 
     cured by supplementing the environmental document or other 
     mitigation and monitoring measures.''; and
       (5) in subsection (f) (as so redesignated), in the matter 
     preceding paragraph (1), by striking ``this section'' and 
     inserting ``this title''.
                                 ______
                                 
  SA 2392. Mr. BENNET 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 H, insert the following:

                     TITLE VII--DISASTER MITIGATION

     SEC. 80701. SHORT TITLE.

       This title may be cited as the ``SHELTER Act''.

     SEC. 80702. NONREFUNDABLE PERSONAL CREDIT FOR DISASTER 
                   MITIGATION EXPENDITURES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 25D the following new section:

     ``SEC. 25E. DISASTER MITIGATION EXPENDITURES.

       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to 25 
     percent of the qualified disaster mitigation expenditures 
     made by the taxpayer during such taxable year.
       ``(b) Maximum Credit.--
       ``(1) In general.--Subject to paragraph (2), the credit 
     allowed under subsection (a) for any taxable year shall not 
     exceed $5,000.
       ``(2) Phaseout.--
       ``(A) In general.--The amount under paragraph (1) for the 
     taxable year shall be reduced (but not below zero) by an 
     amount which bears the same ratio to the amount under such 
     paragraph as--
       ``(i) the amount (not less than zero) equal to the adjusted 
     gross income of the taxpayer for such taxable year minus 
     $84,200, bears to
       ``(ii) $40,800.
       ``(B) Joint return.--For purposes of determining the amount 
     of any reduction under subparagraph (A) for any taxable year, 
     if a joint return was filed for such taxable year, each of 
     the dollar amounts under such subparagraph shall be doubled.
       ``(C) Inflation adjustment.--In the case of any taxable 
     year after 2022, each of the dollar amounts under 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2021' 
     for `calendar year 2016' in subparagraph (A)(ii) thereof.
       ``(D) Rounding.--If any reduction determined under 
     subparagraph (A) or (B) is not a multiple of $50, or any 
     increase under subparagraph (C) is not a multiple of $50, 
     such amount shall be rounded to the nearest multiple of $50.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified disaster mitigation expenditure.--
       ``(A) In general.--The term `qualified disaster mitigation 
     expenditure' means an expenditure relating to a qualified 
     dwelling unit--
       ``(i) for property to--

       ``(I) improve the strength of a roof deck attachment,
       ``(II) create a secondary water barrier to prevent water 
     intrusion or mitigate against potential water intrusion from 
     wind-driven rain,
       ``(III) improve the durability, impact resistance (not less 
     than class 3 or 4 rating), or fire resistance (not less than 
     class A rating) of a roof covering,
       ``(IV) brace gable-end walls,
       ``(V) reinforce the connection between a roof and 
     supporting wall,
       ``(VI) protect openings from penetration by wind-borne 
     debris,
       ``(VII) protect exterior doors and garages from natural 
     hazards,
       ``(VIII) complete measures contained in the publication of 
     the Federal Emergency Management Agency entitled `Wind 
     Retrofit Guide for Residential Buildings' (P-804),
       ``(IX) elevate the qualified dwelling unit, as well as 
     utilities, machinery, or equipment, above the base flood 
     elevation or other applicable minimum elevation requirement,
       ``(X) seal walls in the basement of the qualified dwelling 
     unit using waterproofing compounds, or
       ``(XI) protect propane tanks or other external fuel 
     sources,

       ``(ii) to install--

       ``(I) check valves to prevent flood water from backing up 
     into drains,
       ``(II) flood vents, breakaway walls or open lattice for 
     homes located in V zones,
       ``(III) a stormwater drainage system or improve an existing 
     system,
       ``(IV) natural or nature-based features for flood control, 
     including living shorelines,
       ``(V) roof coverings, sheathing, flashing, roof and attic 
     vents, eaves, or gutters that conform to ignition-resistant 
     construction standards,
       ``(VI) wall components for wall assemblies that conform to 
     ignition-resistant construction standards,
       ``(VII) a wall-to-foundation anchor or connector, or a 
     shear transfer anchor or connector,
       ``(VIII) wood structural panel sheathing for strengthening 
     cripple walls,
       ``(IX) anchorage of the masonry chimney to the framing,
       ``(X) prefabricated lateral resisting systems,
       ``(XI) a standby generator system consisting of a standby 
     generator and an automatic transfer switch,
       ``(XII) a storm shelter that meets the design and 
     construction standards established by the International Code 
     Council and the National Storm Shelter Association (ICC-500), 
     or a safe room that satisfies the criteria contained in--

       ``(aa) the publication of the Federal Emergency Management 
     Agency entitled `Safe Rooms for Tornadoes and Hurricanes' (P-
     361), or
       ``(bb) the publication of the Federal Emergency Management 
     Agency entitled `Taking Shelter from the Storm' (P-320),

       ``(XIII) a lightning protection system,
       ``(XIV) exterior walls, doors, windows, or other exterior 
     dwelling unit elements that conform to ignition-resistant 
     construction standards,
       ``(XV) exterior deck or fence components that conform to 
     ignition-resistant construction standards,
       ``(XVI) structure-specific water hydration systems, 
     including fire mitigation systems such as interior and 
     exterior sprinkler systems,
       ``(XVII) water capture and delivery systems to accommodate 
     drought events or to decrease water use, including the design 
     of such systems,
       ``(XVIII) flood openings for fully enclosed areas below the 
     lowest floor of the dwelling unit,
       ``(XIX) lateral bracing for wall elements, foundation 
     elements, and garage doors or other large openings to resist 
     seismic loads, or
       ``(XX) automatic shutoff valves for water and gas lines, or

       ``(iii) for services or equipment to--

       ``(I) create buffers around the qualified dwelling unit 
     through the removal or reduction of flammable vegetation, 
     including vertical clearance of tree branches,
       ``(II) create buffers around the dwelling unit through--

       ``(aa) the removal of exterior deck or fence components or 
     ignition-prone landscape features, or
       ``(bb) replacement of the components or features described 
     in item (aa) with components or features that conform to 
     ignition-resistant construction standards,

       ``(III) perform fire maintenance procedures identified by 
     the Federal Emergency Management Agency or the United States 
     Forest Service, including fuel management techniques such as 
     creating fuel and fire breaks,
       ``(IV) gather and analyze water and weather data to better 
     understand the local climate and drought history,
       ``(V) replace flammable vegetation with less flammable 
     species, or
       ``(VI) determine the risk of natural disasters which may 
     occur in the area in which the qualified dwelling unit is 
     located, or

       ``(iv) for property relating to satisfying the standards 
     required for receipt of a FORTIFIED designation from the 
     Insurance Institute for Business and Home Safety, provided 
     that the qualified dwelling unit receives such designation 
     following installation of such property.
       ``(B) Exception.--The term `qualified disaster mitigation 
     expenditure' shall not include any expenditure or portion 
     thereof which is paid, funded, or reimbursed by a Federal, 
     State, or local government entity, or any political 
     subdivision, agency, or instrumentality thereof.
       ``(2) Qualified dwelling unit.--The term `qualified 
     dwelling unit' means a dwelling unit which is--
       ``(A) located--
       ``(i) in the United States or in a territory of the United 
     States, and
       ``(ii) in an area--

       ``(I) in which a Federal disaster declaration has been made 
     within the preceding 10-year period, or
       ``(II) which is adjacent to an area described in subclause 
     (I), and

       ``(B) used as a residence by the taxpayer.
       ``(d) Limitation.--
       ``(1) In general.--In the case of an expenditure described 
     in clause (i) or (ii) of subsection (c)(1)(A), such 
     expenditure shall be taken into account in determining the 
     qualified disaster mitigation expenditures made by the 
     taxpayer during the taxable year only if the onsite 
     preparation, assembly, or original installation of the 
     property with respect to which such expenditure is made has 
     been completed in a manner that is deemed to be in compliance 
     with the latest published editions of relevant consensus-
     based codes, specifications, and standards or any more 
     restrictive Federal, State, or local floodplain management 
     standards and consistent with floodplain management 
     regulations for the local jurisdiction in which the qualified 
     dwelling unit is located.

[[Page S5760]]

       ``(2) Latest published editions.--The term `latest 
     published editions' means, with respect to relevant 
     consensus-based codes, specifications, and standards, either 
     of the 2 most recently published editions.
       ``(e) Labor Costs.--For purposes of this section, 
     expenditures for labor costs properly allocable to the onsite 
     preparation, assembly, or original installation of the 
     property described in clause (i) or (ii) of subsection 
     (c)(1)(A) shall be taken into account in determining the 
     qualified disaster mitigation expenditures made by the 
     taxpayer during the taxable year.
       ``(f) Inspection Costs.--For purposes of this section, 
     expenditures for the cost of any inspection required under 
     subsection (d) which is properly allocable to the inspection 
     of the preparation, assembly, or installation of the property 
     described in clause (i) or (ii) of subsection (c)(1)(A) shall 
     be taken into account in determining the qualified disaster 
     mitigation expenditures made by the taxpayer during the 
     taxable year.
       ``(g) Documentation.--Any taxpayer claiming the credit 
     under this section shall provide the Secretary with adequate 
     documentation regarding the specific qualified disaster 
     mitigation expenditures made by the taxpayer during the 
     taxable year, as well as such other information or 
     documentation as the Secretary may require.''.
       (b) Conforming Amendment.--The table of sections for 
     subpart A of part IV of subchapter A of chapter 1 of such 
     Code is amended by inserting after the item relating to 
     section 25D the following new item:

``Sec. 25E. Disaster mitigation expenditures.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.

     SEC. 80703. BUSINESS-RELATED CREDIT FOR DISASTER MITIGATION.

       (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 section 45T the following new section:

     ``SEC. 45U. DISASTER MITIGATION CREDIT.

       ``(a) General Rule.--For purposes of section 38, the 
     disaster mitigation credit determined under this section for 
     any taxable year is an amount equal to 25 percent of the 
     qualified disaster mitigation expenditures made by the 
     taxpayer during the taxable year.
       ``(b) Maximum Credit.--
       ``(1) In general.--Subject to paragraph (2), the amount of 
     the credit determined under subsection (a) for any taxable 
     year shall not exceed $5,000.
       ``(2) Phaseout.--
       ``(A) In general.--The amount under paragraph (1) for the 
     taxable year shall be reduced (but not below zero) by an 
     amount which bears the same ratio to the amount under such 
     paragraph as--
       ``(i) the amount (not less than zero) equal to the average 
     gross receipts of the taxpayer over the 3 preceding taxable 
     years minus $5,000,000, bears to
       ``(ii) $5,000,000.
       ``(B) Inflation adjustment.--In the case of any taxable 
     year after 2022, each of the dollar amounts under 
     subparagraph (A) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2021' 
     for `calendar year 2016' in subparagraph (A)(ii) thereof.
       ``(C) Rounding.--If any reduction determined under 
     subparagraph (A) is not a multiple of $50, or any increase 
     under subparagraph (B) is not a multiple of $50, such amount 
     shall be rounded to the nearest multiple of $50.
       ``(c) Qualified Disaster Mitigation Expenditure.--For 
     purposes of this section, the term `qualified disaster 
     mitigation expenditure' has the same meaning given such term 
     under paragraph (1) of section 25E(c), except that `place of 
     business' shall be substituted for `qualified dwelling unit' 
     each place it appears in such paragraph.
       ``(d) Special Rules.--Rules similar to the rules of 
     subsections (d) through (g) of section 25E shall apply for 
     purposes of this section.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) of such Code is amended by striking 
     ``plus'' at the end of paragraph (32), by striking the period 
     at the end of paragraph (33) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(34) the disaster mitigation credit determined under 
     section 45U(a).''.
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 45T the 
     following new item:

``Sec. 45U. Disaster mitigation credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2021.
                                 ______
                                 
  SA 2393. Ms. CORTEZ MASTO (for herself 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:

        In section 102(f)(1)(C) of title 49, United States Code 
     (as added by section 14009(2)), strike ``and'' at the end.
       In section 102(f)(1) of title 49, United States Code (as 
     added by section 14009(2)), redesignate subparagraph (D) as 
     subparagraph (E).
       In section 102(f)(1) of title 49, United States Code (as 
     added by section 14009(2)), insert after subparagraph (C) the 
     following:
       ``(D) to provide technical assistance to Indian Tribes and 
     Tribal organizations with respect to the financing of Tribal 
     transportation projects across Federal programs; and
                                 ______
                                 
  SA 2394. 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 title V of division B, insert 
     the following:

     SEC. 250__. RESEARCH AND DEVELOPMENT STRATEGIC PLAN.

       (a) In General.--Section 6503 of title 49, United States 
     Code (as amended by section 25014), is amended--
       (1) in subsection (c)(1)--
       (A) in subparagraph (F), by striking ``and'' at the end;
       (B) in subparagraph (G), by striking the semicolon at the 
     end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(H) developing and maintaining a diverse workforce in 
     transportation sectors;''; and
       (2) by adding at the end the following:
       ``(e) Definitions.--In this section:
       ``(1) Intelligent transportation technology.--The term 
     `intelligent transportation technology' means an operational 
     system of various technologies that, when combined and 
     managed, improve the operating capabilities and safety of the 
     overall transportation system.
       ``(2) Transportation sector.--The term `transportation 
     sector' means an industry sector that is involved in 
     construction, manufacturing, maintenance, operation, 
     inspection, logistics, design, or engineering with respect to 
     transportation equipment, materials, technologies, including 
     intelligent transportation technologies, or infrastructure 
     relating to surface, transit, railway, aviation, and maritime 
     transportation.''.
       (b) Conforming Amendments.--Section 5505 of title 49, 
     United States Code (as amended by section 25017) is amended--
       (1) in subsection (a)(2)(C), by striking ``subparagraphs 
     (A) through (G) of section 6503(c)(1)'' and inserting 
     ``subparagraphs (A) through (H) of section 6503(c)(1)'';
       (2) in subsection (b)(4)(A), by striking ``subparagraphs 
     (A) through (G) of section 6503(c)(1)'' and inserting 
     ``subparagraphs (A) through (H) of section 6503(c)(1)''; and
       (3) in subsection (c)(3)(E)(i), by striking ``subparagraphs 
     (A) through (G) of section 6503(c)(1)'' and inserting 
     ``subparagraphs (A) through (H) of section 6503(c)(1)''.

     SEC. 250__. EMERGING TECHNOLOGIES IN THE TRANSPORTATION 
                   WORKFORCE.

       (a) Emerging Technologies Recommendation Efforts.--To the 
     maximum extent practicable, the Secretary shall implement 
     certain recommendations of the Comptroller General of the 
     United States identified in the report entitled ``Automated 
     Technologies: DOT Should Take Steps to Ensure Its Workforce 
     Has Skills Needed to Oversee Safety'' and dated December 
     2020, including by--
       (1) carrying out efforts to identify all cybersecurity 
     occupations across the Department, and incorporating the 
     occupations relating to overseeing the cybersecurity of 
     automated technologies into the workforce planning efforts of 
     the Department;
       (2) assessing skill gaps in key occupations that are 
     involved in overseeing the safety of automated technologies 
     and implementing strategies to close those gaps;
       (3) not less frequently than annually, measuring the 
     progress of strategies implemented to close the skill gaps 
     described in paragraph (2) and ensuring other modal 
     administrations of the Department offer training to close 
     those gaps;
       (4) collecting and analyzing information on the 
     effectiveness of recruiting strategies, including special 
     payment authorities, in attracting employees of the 
     Department to occupations that oversee the safety of 
     automated technologies; and
       (5) sharing the effective recruiting strategies described 
     in paragraph (4) with other modal administrations of the 
     Department.
       (b) Emerging Technologies Coordination Effort.--At a 
     minimum, the Office of Research, Development, and Technology 
     of the Department, the Chief Information Officer of the 
     Department, and the Intelligent Transportation Systems Joint 
     Program Office of the Department shall coordinate--
       (1) to establish a curriculum and leverage existing 
     Department workforce programs to ensure the recruitment and 
     training of cybersecurity and privacy technical experts to 
     assist any modal administration of the Department in 
     overseeing the effectiveness and safety of emerging 
     technologies; and

[[Page S5761]]

       (2) to use the efforts carried out by the Secretary under 
     subsection (a) to provide a growing workforce for 
     transportation providers in the United States that is adept 
     in the curriculum and workforce programs described in 
     paragraph (1).
                                 ______
                                 
  SA 2395. Ms. CORTEZ MASTO (for herself, Mr. Padilla, Mrs. Feinstein, 
and Ms. Rosen) 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___. REAUTHORIZATION OF THE LAKE TAHOE RESTORATION 
                   ACT.

       (a) Cooperative Authorities.--Section 4(f) of the Lake 
     Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2353; 
     130 Stat. 1783) is amended by striking ``4 fiscal years 
     following the date of enactment of the Water Resources 
     Development Act of 2016'' and inserting ``period beginning on 
     the date of enactment of this subsection and ending on the 
     date described in section 10(a)''.
       (b) Authorization of Appropriations.--Section 10(a) of the 
     Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 
     2357; 130 Stat. 1789) is amended by striking ``for a period'' 
     and all that follows through the period at the end and 
     inserting ``, to remain available until September 30, 
     2034.''.
                                 ______
                                 
  SA 2396. Ms. CORTEZ MASTO (for herself, Mr. Cornyn, and Ms. Hassan) 
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 2633, line 16, insert after ``appropriations:'' 
     the following: ``Provided further, That of the amounts made 
     available under this heading in this Act, $5,000,000 for each 
     of fiscal years 2022 through 2026 shall be made available to 
     eligible airports, for grants, directed through the 
     Department of Transportation Human Trafficking Prevention 
     Coordinator to address human trafficking awareness, 
     education, and prevention efforts, including by coordinating 
     human trafficking prevention efforts across multimodal 
     transportation operations within a community and 
     accomplishing the best practices and recommendations provided 
     by the Department of Transportation Advisory Committee on 
     Human Trafficking:''.
       On page 2685, line 15, insert after ``this Act:'' the 
     following: ``Provided further, That of the amounts made 
     available under this heading in this Act, $5,000,000 for each 
     of fiscal years shall be made available to eligible 
     operators, for grants, directed through the Department of 
     Transportation Human Trafficking Prevention Coordinator to 
     address human trafficking awareness, education, and 
     prevention efforts, including by coordinating human 
     trafficking prevention efforts across multimodal 
     transportation operations within a community and 
     accomplishing the best practices and recommendations provided 
     by the Department of Transportation Advisory Committee on 
     Human Trafficking:''.
                                 ______
                                 
  SA 2397. 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:

        On page 305, strike lines 16 and 17 and insert the 
     following:
       update and redesignate the corridors under subsection (a).
       ``(3) Travel and tourism corridors.--In carrying out a 
     redesignation under paragraph (1) or (2), the Secretary shall 
     designate national electric vehicle charging and hydrogen 
     fueling corridors that identify the near- and long-term need 
     for, and the location of, electric vehicle charging and 
     hydrogen fueling infrastructure to support long-haul 
     interstate and interregional transportation of passengers for 
     tourism, commercial, and recreational activities, including--
       ``(A) corridors identified in the national travel and 
     tourism infrastructure strategic plan under section 1431(e) 
     of the FAST Act (49 U.S.C. 301 note; Public Law 114-94);
       ``(B) corridors serving major tourism attractions, such as 
     national parks, monuments, national historic sites, national 
     seashores, national lakeshores, national recreation areas, 
     State parks, beaches, ski resorts, convention centers, and 
     amusement parks;
       ``(C) roads designated as national scenic byways, as 
     described in section 162(a) of title 23, United States Code; 
     and
       ``(D) culturally significant places, such as National 
     Heritage Areas and National Historic Landmarks; and
       ``(E) corridors that expand rural tourism attractions and 
     surrounding communities.'';
       On page 2651, on lines 15 through 20, strike ``at strategic 
     locations along major national highways, the National Highway 
     Freight Network established under section 167 of title 23, 
     United States Code, and goods movement locations including 
     ports, intermodal centers, and warehousing locations'' and 
     insert ``and long-haul interstate and interregional 
     transportation of passengers for tourism, commercial, and 
     recreational activities at strategic locations along major 
     national highways, the National Highway Freight Network 
     established under section 167 of title 23, United States 
     Code, and corridors serving major tourism and recreational 
     destinations and facilities, corridors identified in the 
     national travel and tourism infrastructure strategic plan 
     established under section 1431(e) of the FAST Act (49 U.S.C. 
     301 note; Public Law 114-94) and goods movement locations 
     including ports, inter modal centers, and warehousing 
     locations''.
                                 ______
                                 
  SA 2398. 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:

       On page 75, strike line 21 and insert the following:
       ``(24) Projects to enhance travel and tourism and mitigate 
     impacts on communities, including infrastructure 
     improvements, intelligent transportation systems and signage, 
     and strategies to support increased seasonal travel, 
     accommodate future growth along major corridors for long-haul 
     travel, improve the safety, efficiency, and reliability of 
     long-haul travel, and enhance connectivity between and among 
     modes of transportation and major destinations.
       ``(25) A surface transportation project carried out in 
     accordance with the national travel and tourism 
     infrastructure strategic plan under section 1431(e) of the 
     FAST Act (49 U.S.C. 301 note; Public Law 114-94).'';
       On page 125, strike lines 8 through 12 and insert the 
     following:
     section (d) and (m)(1)(B)(ii)'';
       (B) in paragraph (1)(A)(ii), by striking ``subsection (h)'' 
     and inserting ``subsection (i)'';
       (C) in paragraph (7), by inserting ``shared micromobility 
     (including bikesharing and shared scooter systems), publicly 
     accessible charging stations, docks, and storage for electric 
     bicycles and micromobility devices,'' after ``carsharing'';
       (D) in paragraph (8)--
       On page 126, line 8, strike ``(D)'' and insert ``(E)''.
       On page 126, line 17, strike ``or''.
       On page 127, strike line 3 and insert the following:
     a national ambient air quality standard; or
       ``(12) if the project or program mitigates seasonal or 
     temporary traffic congestion from long-haul travel or 
     tourism.'';
       On page 247, between lines 14 and 15, insert the following:

     SEC. 11207. NATIONAL GOALS.

       Section 150(b) of title 23, United States Code, is 
     amended--
       (1) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (2) by striking paragraph (5) and inserting the following:
       ``(5) Freight movement.--To improve the National Highway 
     Freight Network and strengthen the ability of rural 
     communities to access national and international trade 
     markets.
       ``(6) Economic vitality.--To support local and regional 
     economic development and increased tourism, recreational, and 
     business travel.''. 
       On page 489, after line 23, insert the following:

     SEC. 11530. RAISE GRANT PROGRAM.

       Notwithstanding any other provision of law, in selecting 
     projects to receive grants under the national infrastructure 
     investments program of the Department (commonly known as 
     ``Rebuilding American Infrastructure with Sustainability and 
     Equity (RAISE) grants''), the Secretary shall evaluate the 
     extent to which each eligible project provides significant 
     benefits to a State, a metropolitan area, a region, or the 
     United States, including the extent to which the eligible 
     project--
       (1) improves the safety of transportation facilities and 
     systems;
       (2) improves the condition of existing transportation 
     facilities and systems;
       (3) contributes to economic competitiveness over the 
     medium- to long-term, including by increasing travel and 
     tourism; and

[[Page S5762]]

       (4) improves access to and between transportation 
     facilities and systems.
       On page 764, strike lines 2 and 3 and insert the following:
     emissions.
       ``(17) A capital project to increase access to a travel or 
     tourist destination.'';
       (3) in subsection (e)(3)--
       (A) by striking ``may include the effects'' and inserting 
     the following: ``may include--
       ``(A) local and regional economic development;
       ``(B) increased travel and tourism;
       ``(C) increased mobility between modes;
       ``(D) the effects''; and
       (B) by striking ``the ability'' and all that follows and 
     inserting the following: ``and the ability to meet existing 
     or anticipated demand; and
       ``(E) any other benefits.''; and
       (4) in subsection (h), by adding at the end the
                                 ______
                                 
  SA 2399. 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 title VIII of division D, add the following:

     SEC. 408___. WESTERN WILDFIRE SUPPORT.

       (a) Definitions.--In this section:
       (1) Congressional committees.--The term ``congressional 
     committees'' means--
       (A) the Committee on Energy and Natural Resources and the 
     Committee on Appropriations of the Senate; and
       (B) the Committee on Natural Resources and the Committee on 
     Appropriations of the House of Representatives.
       (2) Federal land.--The term ``Federal land'' means--
       (A) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702));
       (B) units of the National Park System;
       (C) units of the National Wildlife Refuge System;
       (D) land held in trust by the United States for the benefit 
     of Indian Tribes or members of an Indian Tribe; and
       (E) land in the National Forest System.
       (3) National forest system.--
       (A) In general.--The term ``National Forest System'' has 
     the meaning given the term in section 11(a) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1609(a)).
       (B) Exclusion.--The term ``National Forest System'' does 
     not include--
       (i) the national grasslands and land utilization projects 
     administered under title III of the Bankhead-Jones Farm 
     Tenant Act (7 U.S.C. 1010 et seq.); or
       (ii) National Forest System land east of the 100th 
     meridian.
       (4) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of the Interior; and
       (B) the Secretary of Agriculture.
       (5) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of the Interior, in the case of Federal 
     land under the jurisdiction of the Secretary of the Interior; 
     and
       (B) the Secretary of Agriculture, in the case of Federal 
     land under the jurisdiction of the Secretary of Agriculture.
       (b) Preparation.--
       (1) Firefighting accounts.--
       (A) Establishment of accounts.--There are established in 
     the Treasury of the United States the following accounts:
       (i) The Firefighting Operations account for the Department 
     of Agriculture.
       (ii) The Firefighting Operations account for the Department 
     of the Interior.
       (B) Budget activities within accounts.--The following 
     activities shall be specified for funding within each 
     Firefighting Operations account established by subparagraph 
     (A):
       (i) Ground-based firefighting operations.
       (ii) Aircraft use in firefighting operations.
       (C) Authorization of appropriations.--
       (i) Ground-based firefighting operations.--

       (I) Department of agriculture.--There is authorized to be 
     appropriated for fiscal year 2022 and each fiscal year 
     thereafter to the account established by subparagraph (A)(i) 
     not more than $3,000,000,000 for ground-based firefighting 
     operations.
       (II) Department of the interior.--There is authorized to be 
     appropriated for fiscal year 2022 and each fiscal year 
     thereafter to the account established by subparagraph (A)(ii) 
     not more than $1,000,000,000 for ground-based firefighting 
     operations.

       (ii) Aircraft use in firefighting operations.--There is 
     authorized to be appropriated for fiscal year 2022 and each 
     fiscal year thereafter to the accounts established by 
     subparagraph (A), a total amount of not more than 
     $500,000,000 for aircraft use in firefighting operations.
       (D) Presidential budget requests.--For fiscal year 2023 and 
     each fiscal year thereafter, each Secretary concerned shall 
     submit through the budget request of the President and in 
     accordance with subparagraph (C), a request for amounts in 
     the Wildland Fire Management appropriation account of the 
     Secretary concerned to carry out the activities described in 
     subparagraph (E).
       (E) Authorized activities.--
       (i) In general.--The Secretaries shall use amounts provided 
     to the respective accounts established under subparagraph (A) 
     as follows:

       (I) The Secretary of Agriculture shall use amounts 
     appropriated under subparagraph (C)(i)(I) to carry out 
     management activities for active wildfires through the Forest 
     Service, except that none of the amounts may be used for the 
     operation of aircraft.
       (II) The Secretary of the Interior shall use amounts 
     appropriated under subparagraph (C)(i)(II) to carry out 
     management activities for active wildfires, except that none 
     of the amounts may be used for the operation of aircraft.
       (III) The Secretary concerned shall use amounts 
     appropriated under subparagraph (C)(ii) to acquire, by 
     contract or purchase, and use aircraft, including unmanned 
     aerial systems, for operations relating to wildland fires.

       (ii) Limitation.--The Secretary concerned shall not use to 
     carry out any activity authorized by clause (i)(III) amounts 
     appropriated to accounts of the Secretary concerned other 
     than amounts in the accounts established by subparagraph (A) 
     specified for activities described in subparagraph (B)(ii).
       (F) Accounting reports.--
       (i) In general.--Each Secretary concerned shall submit to 
     the congressional committees monthly accounting reports 
     regarding the amounts that have been obligated and expended 
     under this paragraph during the preceding month of the 
     applicable fiscal year.
       (ii) Inclusions.--Each report under clause (i) shall 
     include a description of, with respect to the period covered 
     by the report--

       (I) Federal ground-based equipment costs;
       (II) Federal aircraft use costs;
       (III) Federal personnel costs;
       (IV) on-incident and off-incident support costs; and
       (V) funding allocated from the Wildland Fire Management 
     account of the Secretary concerned to pay for administrative 
     costs.

       (iii) Requirements.--Each report under clause (i) shall be 
     prepared in accordance with applicable national fire plan 
     reporting procedures.
       (2) Reimbursement for wildfires caused by military 
     training.--
       (A) Reimbursement required.--The Secretary of Defense 
     shall, on application by a State or Federal agency, reimburse 
     the State or Federal agency for the reasonable costs of the 
     State or Federal agency for services provided in connection 
     with fire suppression as a result of a fire caused by 
     military training or other actions carried out by the Armed 
     Forces or employees of the Department of Defense.
       (B) Limitation.--Services reimbursable under subparagraph 
     (A) shall be limited to services proximately related to the 
     fire for which reimbursement is sought.
       (C) Application.--Each application from a State or Federal 
     agency for reimbursement for costs under subparagraph (A) 
     shall provide an itemized request of the services covered by 
     the application, including the costs of the services.
       (D) Funds.--Reimbursements under subparagraph (A) shall be 
     made from amounts authorized to be appropriated to the 
     Department of Defense for operation and maintenance.
       (3) Strategic wildland fire management planning.--
       (A) In general.--Not later than September 30, 2024, the 
     Secretary concerned shall, in accordance with this paragraph, 
     establish a series of spatial fire management plans.
       (B) Use of existing plans.--To comply with this paragraph, 
     the Secretary concerned may use a fire management plan in 
     existence on the date of enactment of this Act.
       (C) Updates.--To be valid, a spatial fire management plan 
     established under this paragraph shall not be in use for 
     longer than the 10-year period beginning on the date on which 
     the plan is established.
       (D) Sub-unit plans.--The Secretary concerned shall 
     establish a spatial fire management plan for each unit of 
     Federal land with more than 10 acres of burnable vegetation 
     under the jurisdiction of the Secretary concerned.
       (E) Contents.--For each spatial fire management plan 
     established under this paragraph, the Secretary concerned 
     shall--
       (i) base the plans on a landscape-scale risk assessment 
     that includes--

       (I) risks to firefighters;
       (II) risks to communities;
       (III) risks to highly valuable resources; and
       (IV) other relevant considerations determined by the 
     Secretary concerned;

       (ii) include direction, represented in spatial form, from 
     land management plans and resource management plans;
       (iii) in coordination with States, delineate potential 
     wildland fire operational delineations that--

       (I) identify potential control locations; and
       (II) specify the places in which firefighters will not be 
     sent because of the presence of unacceptable risk, including 
     areas determined by the Secretary concerned as--

       (aa) exceeding a certain slope;
       (bb) containing too high of a volume of hazardous fuels, 
     under certain weather conditions; or
       (cc) containing other known hazards;
       (iv) include a determination of average severe fire weather 
     for the plan area;

[[Page S5763]]

       (v) include prefire planning provisions;
       (vi) include a plan for postfire activities that--

       (I) would better enable a Burned Area Emergency Response 
     Team working on a large fire incident to address emergency 
     stabilization and erosion quickly; and
       (II) specifies ways in which the Burned Area Emergency 
     Response Team would seek to prevent the proliferation of 
     invasive species in working on the large fire incident; and

       (vii) include, at a minimum, any other requirement 
     determined to be necessary by the Secretary concerned.
       (F) Consistency with management plans.--The spatial fire 
     management plans established under this paragraph shall be 
     consistent with the fire management objectives and land 
     management objectives in the applicable land management plan 
     or resource management plan.
       (G) Revisions to land management plans and resource 
     management plans.--A revision to a land management plan or 
     resource management plan shall consider fire ecology and fire 
     management in a manner that facilitates the issuance of 
     direction for an incident response.
       (H) Engagement during land management planning.--A 
     supervisory employee of the Department of the Interior or the 
     Department of Agriculture that is funded through a 
     Firefighting Operations account established under paragraph 
     (1) shall participate directly in the creation or revision of 
     an applicable land management plan or resource management 
     plan to incorporate an assessment, protocol, or plan 
     developed under this section into the planning process.
       (4) Accounts to assist communities in planning and 
     preparing for wildfires.--
       (A) Establishment of accounts.--There are established in 
     the Treasury of the United States the following accounts:
       (i) The Community-Supported Land-Use Planning Assistance 
     account for the Department of Agriculture.
       (ii) The Community-Supported Land-Use Planning Assistance 
     account for the Department of the Interior.
       (B) Budget activities within accounts.--The following 
     activities shall be specified for funding within each 
     Community-Supported Land-Use Planning Assistance account 
     established by subparagraph (A):
       (i) The Firewise Program operated by the National Fire 
     Protection Association.
       (ii) Community wildfire protection programs.
       (iii) The Fire-Adapted Communities Learning Network.
       (iv) Vegetation management by communities.
       (C) Authorization of appropriations.--There are authorized 
     to be appropriated for fiscal year 2022 and each fiscal year 
     thereafter for the accounts established by subparagraph (A) 
     such sums as are necessary to carry out this paragraph, not 
     to exceed $200,000,000.
       (D) Presidential budget requests.--For fiscal year 2023 and 
     each fiscal year thereafter, each Secretary concerned shall 
     submit through the budget request of the President and in 
     accordance with subparagraph (C), a request for amounts in 
     the Wildland Fire Management appropriation account of the 
     Secretary concerned to carry out the activities described in 
     subparagraph (B).
       (E) Authorized activities.--The Secretary concerned shall 
     use amounts in the accounts established by subparagraph (A) 
     as follows:
       (i) With respect to amounts appropriated for the activity 
     described in subparagraph (B)(i), the Secretary concerned 
     may--

       (I) cosponsor the Firewise Program; and
       (II) support the expansion of the Firewise Communities/USA 
     Recognition Program to additional at-risk communities.

       (ii) With respect to amounts appropriated for the activity 
     described in subparagraph(B)(ii), the Secretary concerned may 
     provide assistance to at-risk communities to establish and 
     revise--

       (I) a community wildfire protection plan (as defined in 
     section 101 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6511)); or
       (II) a community evacuation plan.

       (iii) With respect to amounts appropriated for the activity 
     described in subparagraph (B)(iii), the Secretary concerned 
     shall establish a small grant program to address local hazard 
     reduction on Federal, State, or private land, subject to the 
     conditions that--

       (I) a grant provided under the program--

       (aa) may be awarded to an organization in an at-risk 
     community to address, in a sole instance, a hazardous fuel in 
     a specific location, including piling and burning, and 
     implementing a prescribed fire on private land;
       (bb) shall not exceed $20,000; and
       (cc) shall require cost-sharing assistance in an amount 
     equal to not less than 10 percent of the amount of the grant;

       (II) the work identified for funding under the grant shall 
     be accomplished by a team composed of, at a minimum--

       (aa) a private citizen;
       (bb) a representative of a nonprofit organization; and
       (cc) a local fire department, including a volunteer fire 
     department;

       (III) to be eligible for a grant under the program, a 
     strategic plan outlining the means by which the applicant 
     will address a hazardous fuel shall be submitted to the 
     Secretary concerned; and
       (IV) on completion of a grant project, the grant recipient 
     shall--

       (aa) submit to the Secretary concerned a report; and
       (bb) participate in training another grant recipient during 
     the following fiscal year.
       (iv) With respect to amounts appropriated for the activity 
     described in subparagraph (B)(iv), the Secretary concerned 
     may provide cost-sharing assistance for the establishment and 
     operation of a local program in an at-risk community to 
     assist homeowners in the disposal of brush and slash 
     generated by hazard reduction activities.
       (5) Community support during disaster response.--
       (A) In general.--The Secretaries shall establish a program 
     to train and certify a citizen who wishes to be able to 
     volunteer to assist the Secretaries during a wildland fire 
     incident.
       (B) Service.--
       (i) In general.--The Secretaries shall establish several 
     categories of service for each manner in which a volunteer 
     certified under this paragraph may provide assistance.
       (ii) Direct suppression of wildland fires.--No volunteer 
     certified under this paragraph may engage in an operation to 
     directly suppress a wildland fire.
       (iii) Direction.--A volunteer under this paragraph shall--

       (I) report to a designee of an incident commander prior to 
     providing any assistance on a wildland fire; and
       (II) operate continuously under the direction of the 
     designee while providing assistance on a wildland fire.

       (C) Certification.--
       (i) Criteria.--

       (I) In general.--The Secretaries shall certify volunteers 
     to provide assistance for each category of service 
     established under subparagraph (B).
       (II) Establishment of criteria.--The Secretaries shall 
     establish criteria for a volunteer to be certified for each 
     category of service.
       (III) Attendance.--Attendance at training conducted under 
     clause (ii) shall be 1 of the criteria established under 
     subclause (II).
       (IV) Assessment.--The Secretaries shall assess the 
     knowledge, skills, or abilities, of a person prior to 
     certifying a person to become a volunteer.

       (ii) Training.--

       (I) In general.--The Secretaries shall regularly conduct 
     training for citizens who desire to be certified as 
     volunteers.
       (II) Content.--The training shall include, at a minimum, a 
     safety component in an effort to minimize inherent threats to 
     volunteers and maximize the safety of a volunteer, to the 
     maximum extent practicable, as a volunteer provides 
     assistance on a wildland fire.
       (III) Frequency.--The Secretaries shall offer, at a 
     minimum, 1 training session in each State with significant 
     wildfire risk, not less than every 2 years.

       (iii) Identification.--

       (I) In general.--On the certification of a volunteer, the 
     Secretary concerned shall provide to the volunteer a means of 
     identification as a volunteer.
       (II) Display.--A volunteer certified under this paragraph 
     shall display, continuously while assisting in a wildland 
     fire, the means of identification.

       (c) Wildfire Detection and Suppression Support.--
       (1) Wildfire detection equipment.--To the extent 
     practicable, the Secretary concerned shall--
       (A) expedite the placement of wildfire detection equipment, 
     such as sensors, cameras, and other relevant equipment, in 
     areas at risk of wildfire;
       (B) expand the use of satellite data to assist wildfire 
     response; and
       (C) expedite any permitting required by the Secretary 
     concerned for the installation, maintenance, or removal of 
     wildfire detection equipment.
       (2) Grant program for slip-on tank units.--
       (A) In general.--The Secretaries shall establish a program 
     to award to an eligible State or unit of local government 
     each year grants to acquire slip-on tank and pump units 
     (referred to in this paragraph as ``slip-on units'') for a 
     surge capacity of resources for fire suppression.
       (B) Eligibility.--
       (i) In general.--To be eligible to receive a grant under 
     this paragraph, a State or unit of local government shall--

       (I) submit an application at such time, in such manner, and 
     containing such information as the Secretaries may require; 
     and
       (II) contribute non-Federal funds in accordance with clause 
     (ii).

       (ii) Cost-share requirements.--The non-Federal share of the 
     cost of acquiring slip-on units using a grant under this 
     paragraph shall be not less than 25 percent.
       (C) Use of funds.--
       (i) In general.--Grants awarded under this paragraph shall 
     be used only for the acquisition of not fewer than 30 slip-on 
     units.
       (ii) Restrictions.--A recipient of a grant under this 
     paragraph--

       (I) shall be responsible for the cost of the maintenance 
     and use of the slip-on units; and
       (II) may not use grant funds for a cost described in 
     subclause (I).

       (D) Requirements for operation of slip-on units.--A 
     recipient of a grant under this paragraph shall--
       (i) in maintaining and storing the slip-on units--

       (I) store and mount a slip-on unit on a vehicle only 
     during--

       (aa) a period of extreme fire danger; or

[[Page S5764]]

       (bb) an active wildland fire;

       (II) designate a vehicle and personnel to be used with each 
     slip-on unit;
       (III) make any necessary modification to a designated 
     vehicle to ensure compatibility with the use of the slip-on 
     unit;
       (IV) train designated personnel to use the slip-on unit;
       (V) ensure designated personnel possess elementary wildland 
     fire management skills, including post-fire-front structure-
     protection tactics; and
       (VI) maintain each slip-on unit in good, usable condition 
     for a period of not fewer than 20 years;

       (ii) during a large, active wildland fire--

       (I) staff each designated vehicle equipped with a slip-on 
     unit with--
       (II) a person designated under clause (i)(II); and
       (III) a trained firefighter, regardless of whether the 
     trained firefighter is paid, volunteer, or off-duty but paid;

       (iii) organize each designated vehicle equipped with a 
     slip-on unit into a team with other designated vehicles under 
     the direction of a qualified task force leader; and
       (iv) use each designated vehicle equipped with a slip-on 
     unit primarily for the purpose of following behind the 
     wildland fire front--

       (I) to prevent homes from igniting; and
       (II) to alert fire engines of structures that have ignited; 
     and

       (v) comply with any other requirements determined to be 
     necessary by the Secretaries, including any minimum 
     requirements for a slip-on unit and any additional required 
     equipment.
       (3) Assistance to states for operation of air tankers.--The 
     Secretary concerned may provide funding to States to enable 
     States to operate not more than 50 single-engine air tankers 
     if--
       (A) the single-engine air tanker is government-owned and 
     contractor-operated or government-owned and government-
     operated;
       (B) a State receiving funding for a single-engine air 
     tanker under this paragraph shares the cost with the 
     Secretary of the acquisition and operation of the aircraft; 
     and
       (C) the single-engine air tanker--
       (i) shall be used for initial attack; and
       (ii) shall not be used for large fire aviation support.
       (4) Research and development of unmanned aircraft system 
     fire applications.--
       (A) Definitions.--In this paragraph:
       (i) Covered unmanned aircraft test range.--The term 
     ``covered unmanned aircraft test range'' means a test range 
     that is approved of or designated by the Administrator of the 
     Federal Aviation Administration for the testing of unmanned 
     aircraft systems, as required under section 44803 of title 
     49, United States Code.
       (ii) Unmanned aircraft system.--The term ``unmanned 
     aircraft system'' means an unmanned aircraft and associated 
     elements (including communication links and the components 
     that control the unmanned aircraft) that are required for the 
     operator to operate safely and efficiently in the national 
     airspace system of the Federal Aviation Administration.
       (B) Joint fire science program.--The Secretary of the 
     Interior shall, acting through the Joint Fire Science 
     Program, work with covered unmanned aircraft test ranges to 
     carry out research and development of unmanned aircraft 
     system fire applications.
       (C) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of the Interior such sums 
     as are necessary to carry out this paragraph.
       (5) Study on effects of drone incursions on wildfire 
     suppression.--
       (A) Definitions.--In this paragraph:
       (i) Drone.--The term ``drone'' means an unmanned aircraft 
     system owned by a private individual or entity.
       (ii) Drone incursion.--The term ``drone incursion'' means 
     the operation of a drone within any airspace for which the 
     Administrator of the Federal Aviation Administration has 
     issued a temporary flight restriction because of a wildfire.
       (iii) Secretary.--The term ``Secretary'' means the 
     Secretary of the Interior, acting through the Director of the 
     Bureau of Land Management.
       (B) Study required.--The Secretary, in consultation with 
     the Secretary of Agriculture, acting through the Chief of the 
     Forest Service, shall conduct a study on the effects of drone 
     incursions on wildfire suppression with respect to land 
     managed by the Department of the Interior or the Department 
     of Agriculture.
       (C) Study contents.--In conducting the study required under 
     subparagraph (B), the Secretary shall--
       (i) determine, for each of the 5 most recent calendar 
     years--

       (I) the number of occurrences in which a drone incursion 
     interfered with wildfire suppression; and
       (II) the effect of each occurrence described in subclause 
     (I) on--

       (aa) the length of time required to achieve complete 
     suppression;
       (bb) the effectiveness of aerial firefighting responses; 
     and
       (cc) the amounts expended by the Federal Government; and
       (ii) evaluate the feasibility and effectiveness of various 
     actions to prevent drone incursions, including--

       (I) the use of reasonable force to disable, damage, or 
     destroy a drone;
       (II) the seizure of a drone, including seizure with a net 
     device; and
       (III) the dissemination of educational materials relating 
     to the effects of drone incursions on wildfire suppression.

       (D) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Natural Resources of the House of 
     Representatives a report describing--
       (i) the findings of the study required under subparagraph 
     (B); and
       (ii) any recommendations of the Secretary relating to those 
     findings.
       (6) Study on wildfire detection equipment and integration 
     of artificial intelligence technologies.--
       (A) In general.--The Secretaries shall conduct a study on--
       (i) the effectiveness and limitations on the deployment and 
     application of each wildfire detection equipment technology 
     with respect to detection, confirmation, geolocation, 
     predictability of wildfire spread, suppression resource 
     management, post-fire forensics, and surface rehabilitation;
       (ii) how each technology described in clause (i), with 
     proper and timely deployment and use, can provide for the 
     most effective and efficient means of dealing with the threat 
     and the reality of wildland fires;
       (iii) the integration of artificial intelligence with real-
     time imagery and weather data provided by wildfire detection 
     equipment technology; and
       (iv) how the integration of artificial intelligence 
     described in clause (iii) can enhance the value of each 
     wildfire detection equipment technology, individually and 
     collectively.
       (B) Submission and public availability.--Not later than 2 
     years after the date of enactment of this Act, the 
     Secretaries shall submit to the congressional committees and 
     make publicly available the results of the study conducted 
     under subparagraph (A).
       (d) Post-fire Recovery Support.--
       (1) Funding for online guides for post-fire assistance.--
       (A) Use of services of other agencies.--Section 201(a) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131(a)) is amended--
       (i) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (ii) by adding at the end the following:
       ``(8) post-disaster assistance.''.
       (B) Funding for online guides for assistance.--Section 201 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5131) is amended by adding at the 
     end the following:
       ``(e) Funding for Online Guides for Assistance.--
       ``(1) In general.--The Administrator of the Federal 
     Emergency Management Agency may enter into a cooperative 
     agreement to provide funding to a State agency established 
     under subsection (c) to establish and operate a website to 
     provide information relating to post-fire recovery funding 
     and resources to a community or an individual impacted by a 
     wildland fire.
       ``(2) Management.--A website created under this subsection 
     shall be--
       ``(A) managed by the State agency; and
       ``(B) suitable for the residents of the State of the State 
     agency.
       ``(3) Content.--The Administrator may enter into a 
     cooperative agreement to establish a website under this 
     subsection only to provide 1 or more of the following:
       ``(A) A list of Federal, State, and local sources of post-
     fire recovery funding or assistance that may be available to 
     a community after a wildfire.
       ``(B) A list of Federal, State, and local sources of post-
     fire recovery funding or assistance that may be available to 
     an individual impacted by a wildfire.
       ``(C) A technical guide that lists and explains the costs 
     and benefits of alternatives available to a community to 
     mitigate the impacts of wildfire and prepare for potential 
     flooding.
       ``(4) Cooperation.--A State agency that enters into a 
     cooperative agreement under this subsection shall cooperate 
     with the Secretary of the Interior, the Secretary of 
     Agriculture, and the Administrator of the Federal Emergency 
     Management Agency in developing a website under this 
     subsection.
       ``(5) Updates.--A State agency that receives funding to 
     establish a website under this subsection shall update the 
     website not less than once every 6 years.''.
       (2) Long-term burned area recovery account.--
       (A) Establishment of account.--There is established in the 
     Treasury of the United States the Long-Term Burned Area 
     Recovery account for the Department of Agriculture.
       (B) Authorization of appropriations.--There are authorized 
     to be appropriated for fiscal year 2022 and each fiscal year 
     thereafter for the account established by subparagraph (A) 
     such sums as are necessary to carry out the activities 
     described in subparagraph (D), not to exceed $100,000,000.
       (C) Presidential budget requests.--For fiscal year 2023 and 
     each fiscal year thereafter, the Secretary of Agriculture 
     shall submit through the budget request of the President and 
     in accordance with subparagraph (B), a request for amounts in 
     the Wildland Fire Management appropriation account to carry 
     out the activities described in subparagraph (D).
       (D) Authorized activities.--The Secretary of Agriculture 
     shall use amounts in the account established by subparagraph 
     (A) for rehabilitation projects--

[[Page S5765]]

       (i) that begin not earlier than 1 year after the date on 
     which the wildfire was contained;
       (ii) that are--

       (I) scheduled to be completed not later than 3 years after 
     the date on which the wildfire was contained; and
       (II) located at sites impacted by wildfire on non-Federal 
     or Federal land;

       (iii) that restore the functions of an ecosystem or protect 
     life or property; and
       (iv) not less than 10 percent of the total costs of which 
     are paid for with non-Federal funds.
       (E) Prioritization of funding.--The Secretary of 
     Agriculture shall prioritize, on a nationwide basis, projects 
     for which funding requests are submitted under this 
     paragraph, based on--
       (i) downstream effects on water resources; and
       (ii) public safety.
       (3) Prize for wildfire-related invasive species 
     reduction.--Section 7001(d) of the John D. Dingell, Jr. 
     Conservation, Management, and Recreation Act (16 U.S.C. 742b 
     note; Public Law 116-9) is amended--
       (A) by striking ``paragraph (8)(A)'' each place it appears 
     and inserting ``paragraph (9)(A)'';
       (B) by striking ``paragraph (8)(B)'' each place it appears 
     and inserting ``paragraph (9)(B)'';
       (C) by redesignating paragraph (8) as paragraph (9);
       (D) by inserting after paragraph (7) the following:
       ``(8) Theodore roosevelt genius prize for management of 
     wildfire-related invasive species.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Board.--The term `Board' means the Management of 
     Wildfire-Related Invasive Species Technology Advisory Board 
     established by subparagraph (C)(i).
       ``(ii) Prize competition.--The term `prize competition' 
     means the Theodore Roosevelt Genius Prize for the management 
     of wildfire-related invasive species established under 
     subparagraph (B).
       ``(B) Authority.--Not later than 180 days after the date of 
     enactment of the ________ Act, the Secretary shall establish 
     under section 24 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3719) a prize competition, 
     to be known as the `Theodore Roosevelt Genius Prize for the 
     management of wildfire-related invasive species'--
       ``(i) to encourage technological innovation with the 
     potential to advance the mission of the National Invasive 
     Species Council with respect to the management of wildfire-
     related invasive species; and
       ``(ii) to award 1 or more prizes annually for a 
     technological advancement that manages wildfire-related 
     invasive species.
       ``(C) Advisory board.--
       ``(i) Establishment.--There is established an advisory 
     board, to be known as the `Management of Wildfire-Related 
     Invasive Species Technology Advisory Board'.
       ``(ii) Composition.--The Board shall be composed of not 
     fewer than 9 members appointed by the Secretary, who shall 
     provide expertise in--

       ``(I) invasive species;
       ``(II) biology;
       ``(III) technology development;
       ``(IV) engineering;
       ``(V) economics;
       ``(VI) business development and management;
       ``(VII) wildfire; and
       ``(VIII) any other discipline, as the Secretary determines 
     to be necessary to achieve the purposes of this paragraph.

       ``(iii) Duties.--Subject to clause (iv), with respect to 
     the prize competition, the Board shall--

       ``(I) select a topic;
       ``(II) issue a problem statement;
       ``(III) advise the Secretary regarding any opportunity for 
     technological innovation to manage wildfire-related invasive 
     species; and
       ``(IV) advise winners of the prize competition regarding 
     opportunities to pilot and implement winning technologies in 
     relevant fields, including in partnership with conservation 
     organizations, Federal or State agencies, federally 
     recognized Indian Tribes, private entities, and research 
     institutions with expertise or interest relating to the 
     management of wildfire-related invasive species.

       ``(iv) Consultation.--In selecting a topic and issuing a 
     problem statement for the prize competition, the Board shall 
     consult widely with Federal and non-Federal stakeholders, 
     including--

       ``(I) 1 or more Federal agencies with jurisdiction over the 
     management of invasive species;
       ``(II) 1 or more Federal agencies with jurisdiction over 
     the management of wildfire;
       ``(III) 1 or more State agencies with jurisdiction over the 
     management of invasive species;
       ``(IV) 1 or more State agencies with jurisdiction over the 
     management of wildfire;
       ``(V) 1 or more State, regional, or local wildlife 
     organizations, the mission of which relates to the management 
     of invasive species; and
       ``(VI) 1 or more wildlife conservation groups, technology 
     companies, research institutions, institutions of higher 
     education, industry associations, or individual stakeholders 
     with an interest in the management of wildfire-related 
     invasive species.

       ``(v) Requirements.--The Board shall comply with all 
     requirements under paragraph (9)(A).
       ``(D) Administration by the national invasive species 
     council.--The Secretary, acting through the Director of the 
     National Invasive Species Council, shall administer the prize 
     competition.
       ``(E) Judges.--
       ``(i) Appointment.--The Secretary shall appoint not fewer 
     than 3 judges who shall, except as provided in clause (ii), 
     select the 1 or more annual winners of the prize competition.
       ``(ii) Determination by secretary.--The judges appointed 
     under clause (i) shall not select any annual winner of the 
     prize competition if the Secretary makes a determination 
     that, in any fiscal year, none of the technological 
     advancements entered into the prize competition merits an 
     award.
       ``(F) Report to congress.--Not later than 60 days after the 
     date on which a cash prize is awarded under this paragraph, 
     the Secretary shall submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Natural 
     Resources of the House of Representatives a report on the 
     prize competition that includes--
       ``(i) a statement by the Board that describes the 
     activities carried out by the Board relating to the duties 
     described in subparagraph (C)(iii);
       ``(ii) a description of the 1 or more annual winners of the 
     prize competition; and
       ``(iii) a statement by 1 or more of the judges appointed 
     under subparagraph (E) that explains the basis on which the 1 
     or more winners of the prize competition was selected.
       ``(G) Termination of authority.--The Board and all 
     authority provided under this paragraph shall terminate on 
     December 31, 2026.''; and
       (E) in paragraph (9) (as so redesignated)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``or (7)(C)(i)'' and inserting ``(7)(C)(i), 
     or (8)(C)(i)''; and
       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``or 
     (7)(D)(i)'' and inserting ``(7)(D)(i), or (8)(D)(i)''; and
       (II) in clause (i)(VII), by striking ``and (7)(E)'' and 
     inserting ``(7)(E), and (8)(E)''.

                                 ______
                                 
  SA 2400. Ms. CANTWELL (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:

        On page 699, line 25, strike ``section 22306'' and insert 
     ``section 22308''.
       On page 721, line 14, strike ``category'' and insert 
     ``categories''.
       On page 797, lines 20 and 21, strike ``section 22210'' and 
     insert ``section 22910''.
                                 ______
                                 
  SA 2401. Ms. CANTWELL (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:
        On page 953, strike lines 1 through 16 and insert the 
     following:
       (iv) in subparagraph (D), by striking ``, State, local, or 
     private'';
       (v) in subparagraph (E)--

       (I) by striking ``for the fiscal year preceding the fiscal 
     year to which the plan applies,''; and
       (II) by striking ``the previous year's highway safety 
     plan'' and inserting ``the most recently submitted highway 
     safety plan''; and

       (vi) in subparagraph (F), by striking ``additional'';
       On page 1025, line 13, strike ``40'' and insert ``25''.
                                 ______
                                 
  SA 2402. Mrs. GILLIBRAND (for herself 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 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

[[Page S5766]]

     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, increased prevention and 
     family support services, and coordination with child 
     protective services.
                                 ______
                                 
  SA 2403. Mr. MERKLEY (for himself and Mr. Daines) 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 end of title VIII of division D, add the following:

     SEC. 408__. FOREST SERVICE HIRE AUTHORITY.

       Section 12518 of the Agriculture Improvement Act of 2018 
     (16 U.S.C. 1725b) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking the period at the end and 
     inserting a semicolon;
       (B) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (C) in the matter preceding subparagraph (A) (as so 
     redesignated)--
       (i) by striking ``Land'' and inserting ``Lands''; and
       (ii) by striking ``applies to a former resource assistant'' 
     and inserting the following: ``applies to--
       ``(1) a former resource assistant''; and
       (D) by adding at the end the following:
       ``(2) except as provided in paragraph (1), a former 
     participant in the Public Lands Corps program established by 
     section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 
     1723) who--
       ``(A) successfully fulfilled the requirements of a 
     qualified candidate and program participation; and
       ``(B) earned a high school diploma or equivalent diploma of 
     completion, or completed a workforce development training 
     program; and
       ``(3) a graduate of a Civilian Conservation Center program 
     described in section 147(d) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3197(d)) who successfully 
     completed a training program focused on forestry, wildland 
     firefighting, or another topic relating to the mission of the 
     Forest Service.''; and
       (2) in subsection (c)--
       (A) by striking the period at the end and inserting a 
     semicolon;
       (B) by striking ``date on which the candidate'' and 
     inserting the following: ``date on which--
       ``(1) in the case of a qualified candidate described in 
     subsection (b)(1), the candidate''; and
       (C) by adding at the end the following:
       ``(2) in the case of a qualified candidate described in 
     subsection (b)(2), the later of--
       ``(A) the candidate successfully fulfilled the requirements 
     described in subsection (b)(2)(A); or
       ``(B) the candidate earned a diploma or competed a program 
     described in subsection (b)(2)(B); or
       ``(3) in the case of a qualified candidate described in 
     subsection (b)(3), the candidate graduated from the Civilian 
     Conservation Center.''.
                                 ______
                                 
  SA 2404. Mr. SULLIVAN (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:

        On page 2697, line 3, strike the period and insert the 
     following: ``: Provided further, That in awarding funds under 
     this heading, the Maritime Administration may consider the 
     needs of the Strategic Seaport Program, with an emphasis on 
     infrastructure rated in the report on strategic seaports 
     required by section 3515 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 
     133 Stat. 1985).''.
                                 ______
                                 
  SA 2405. Mr. SULLIVAN 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. _____. APPLICATION OF NEPA AND NHPA TO COVERED 
                   COMMUNICATIONS EQUIPMENT OR SERVICES.

       (a) NEPA Exemption.--A covered project shall not be subject 
     to the requirements of section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
       (b) National Historic Preservation Act Exemption.--A 
     covered project shall not be considered an undertaking under 
     section 300320 of title 54, United States Code.
       (c) Covered Project Defined.--In this section, the term 
     ``covered project'' means a project to permanently remove 
     covered communications equipment or services (as defined in 
     section 9 of the Secure and Trusted Communications Networks 
     Act of 2019 (47 U.S.C. 1608)) and to replace such covered 
     communications equipment or services with communications 
     equipment or services that are not covered communications 
     equipment or services (as so defined).
                                 ______
                                 
  SA 2406. Mrs. BLACKBURN (for herself and Mr. Scott of Florida) 
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 2675, line 21, strike the period and insert the 
     following: ``: Provided further, That, notwithstanding any 
     other provision of this Act, of the amounts made available 
     under this heading, $1,000,000,000 shall be made available to 
     the Secretary of Homeland Security to construct a wall along 
     the international border between the United States and 
     Mexico.''.
                                 ______
                                 
  SA 2407. Mrs. BLACKBURN (for herself 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 end of title VI of division G, add the following:

          Subtitle C--Cybersecurity and Blockchain Technology

     SEC. 70621. INTERAGENCY COORDINATION ON CYBERSECURITY AND 
                   BLOCKCHAIN TECHNOLOGY.

       (a) Definitions.--In this section--
       (1) the term ``appropriate agency heads'' means--
       (A) the Secretary of Homeland Security;
       (B) the Attorney General;
       (C) the Director of the Federal Bureau of Investigation;
       (D) the Director of the Financial Crimes Enforcement 
     Network; and
       (E) the Director of the Office of Foreign Assets Control;
       (2) the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) the Select Committee on Intelligence of the Senate;
       (D) the Committee on Financial Services of the House of 
     Representatives;
       (E) the Committee on Homeland Security of the House of 
     Representatives; and
       (F) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (3) the term ``digital asset'' has the meaning given the 
     term in section 6045(g)(3)(D) of the Internal Revenue Code of 
     1986, as added by section 80603(b)(1)(B) of title VI of 
     division H of this Act;
       (4) the term ``digital asset analytics tool'' means a 
     software tool that conducts data analytics of a digital asset 
     using information appended to a distributed ledger; and
       (5) the term ``Executive agency'' has the meaning given the 
     term in section 105 of title 5, United States Code.
       (b) Required Activities.--Not later than 180 days after the 
     date of enactment of this Act, the appropriate agency heads, 
     in coordination with the head of each Executive agency 
     responsible for United States critical infrastructure 
     sectors, as determined by the Secretary of Homeland Security, 
     shall jointly--
       (1) develop interagency agreement on the common 
     capabilities of digital asset analytics tools to detect, 
     track, and analyze risks relating to illicit activity;

[[Page S5767]]

       (2) develop interagency agreement on the limitations of 
     digital asset analytics tools and suggested approaches for 
     improvement;
       (3) engage with financial institutions involved in digital 
     asset activities relating to best practices for use of 
     digital asset analytics tools, emerging risks, and 
     coordination with law enforcement;
       (4) develop a comprehensive interagency strategy for 
     effectively reducing illicit activity relating to digital 
     assets, while protecting the responsible adoption and use of 
     digital assets and distributed ledger technology; and
       (5) develop recommendations for statutory or regulatory 
     amendments that are necessary to carry out paragraph (4), as 
     well as additional Executive agency positions or resources 
     required to carry out paragraph (4).
       (c) Report.--Not later than 210 days after the date of 
     enactment of this Act, the appropriate agency heads shall 
     jointly submit to the appropriate congressional committees a 
     report, which may contain a classified annex, on the 
     activities described in subsection (b).
                                 ______
                                 
  SA 2408. Ms. CORTEZ MASTO (for herself and Ms. 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 in division H, insert the 
     following:

     SEC. ___. EXEMPT FACILITY BONDS FOR ZERO-EMISSION VEHICLE 
                   INFRASTRUCTURE.

       (a) In General.--Section 142 of the Internal Revenue Code 
     of 1986 is amended--
       (1) in subsection (a)--
       (A) in paragraph (14), by striking ``or'' at the end,
       (B) in paragraph (15), by striking the period at the end 
     and inserting ``, or'', and
       (C) by adding at the end the following new paragraph:
       ``(16) zero-emission vehicle infrastructure.'', and
       (2) by adding at the end the following new subsection:
       ``(n) Zero-emission Vehicle Infrastructure.--
       ``(1) In general.--For purposes of subsection (a)(16), the 
     term `zero-emission vehicle infrastructure' means any 
     property (not including a building and its structural 
     components) if such property is--
       ``(A) made available for use by members of the general 
     public, and
       ``(B) used to charge or fuel zero-emissions vehicles, but 
     only if the property is located at the point where the 
     vehicles are charged or fueled.
       ``(2) Inclusion of utility service connections.--The term 
     `zero-emission vehicle infrastructure' shall include any 
     utility service connections, utility panel upgrades, or 
     contributions in aid of construction (as described in section 
     118) which are required for the charging or fueling of zero-
     emissions vehicles.
       ``(3) Zero-emissions vehicle.--
       ``(A) In general.--The term `zero-emissions vehicle' 
     means--
       ``(i) a zero-emission vehicle as defined in section 88.102-
     94 of title 40, Code of Federal Regulations (as in effect on 
     the date of enactment of this subsection), or
       ``(ii) a vehicle that, under any possible operational modes 
     and conditions, produces zero exhaust emissions of--

       ``(I) any criteria pollutant for which there are national 
     ambient air quality standards under section 109 of the Clean 
     Air Act (42 U.S.C. 7409) or precursor pollutant, or
       ``(II) any greenhouse gas.

       ``(B) Greenhouse gas.--For purposes of this paragraph, the 
     term `greenhouse gas' means any of the following:
       ``(i) Carbon dioxide.
       ``(ii) Methane.
       ``(iii) Nitrous oxide.
       ``(iv) Hydrofluorocarbons.
       ``(v) Perfluorocarbons.
       ``(vi) Sulfur hexafluoride.
       ``(4) Zero-emissions vehicle infrastructure located within 
     other facilities or projects.--For purposes of subsection 
     (a), any zero-emission vehicle infrastructure located 
     within--
       ``(A) a facility or project described in subsection (a), or
       ``(B) an area adjacent to a facility or project described 
     in subsection (a) that primarily serves vehicles traveling to 
     or from such facility or project,

     shall be treated as described in the paragraph in which such 
     facility or project is described.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after December 31, 2021.
                                 ______
                                 
  SA 2409. Mr. CORNYN (for himself, Mr. Padilla, Ms. Baldwin, Mrs. 
Murray, Mr. Kelly, Ms. Lummis, Mr. Wicker, Ms. Hassan, Ms. Cortez 
Masto, Mr. Lujan, 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 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').
       ``(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 section 6703 
     of title 49, United States Code, as added by section 21203 of 
     the Infrastructure Investment and Jobs Act.
       ``(xx) 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) Limitation; application of requirements.--
       ``(i) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xiv) 
     through (xviii) of subparagraph (B).
       ``(ii) Application of requirements to cdbg broadband 
     projects.--The requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used for a project described in clause (xx) of subparagraph 
     (B) that relates to broadband infrastructure.
       ``(E) Availability.--Funds provided under a payment made 
     under this section to a State, Tribal government, or unit of 
     local government shall remain available for obligation for a 
     use described in subparagraph (A) through December 31, 2024, 
     except that no

[[Page S5768]]

     amount of such funds may be expended after September 30, 
     2028.'';
       (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) Limitation; application of requirements.--
       ``(i) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xiv) 
     through (xviii) of subparagraph (B).
       ``(ii) Application of requirements to cdbg broadband 
     projects.--The requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used for a project described in clause (xx) of subparagraph 
     (B) that relates to broadband infrastructure.
       ``(E) Availability.--Funds provided under a payment made 
     under this section to a State, territory, or Tribal 
     government shall remain available for obligation for a use 
     described in subparagraph (A) through December 31, 2024, 
     except that no amount of such funds may be expended after 
     September 30, 2028.''; 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) Limitation; application of requirements.--
       ``(i) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xiv) 
     through (xviii) of subparagraph (B).
       ``(ii) Application of requirements to cdbg broadband 
     projects.--The requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used for a project described in clause (xx) of subparagraph 
     (B) that relates to broadband infrastructure.
       ``(E) 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 obligation for a use described in subparagraph (A) 
     through December 31, 2024, except that no amount of such 
     funds may be expended after September 30, 2028.''.
       (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 subsection (b), the enactment 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
                                 ______
                                 
  SA 2410. 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, insert the following:

     SEC. _____. PROHIBITION ON USE OF FUNDS TO ENFORCE MASK 
                   MANDATES.

       None of the amounts made available under any division of 
     this Act, including an amendment made by any division of this 
     Act, may

[[Page S5769]]

     be used for the enforcement of a requirement to wear a mask 
     or face covering on any mode of public transportation.
                                 ______
                                 
  SA 2411. Mr. MARSHALL (for himself, Ms. Ernst, and Mr. Grassley) 
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--AGRICULTURAL TRADE

     SEC. 71201. SHORT TITLE.

       This title may be cited as the ``Exposing Agricultural 
     Trade Suppression Act''.

     SEC. 71202. PROHIBITION AGAINST INTERFERENCE BY STATE AND 
                   LOCAL GOVERNMENTS WITH PRODUCTION OR 
                   MANUFACTURE OF ITEMS IN OTHER STATES.

       (a) Definition of Agricultural Products.--In this section, 
     the term ``agricultural products'' has the meaning given the 
     term in section 207 of the Agricultural Marketing Act of 1946 
     (7 U.S.C. 1626).
       (b) Prohibition.--Consistent with the Commerce Clause of 
     section 8 of article I of the Constitution of the United 
     States, the government of a State or a unit of local 
     government within a State shall not impose a standard or 
     condition on the production or manufacture of any 
     agricultural products sold or offered for sale in interstate 
     commerce if--
       (1) the production or manufacture occurs in another State; 
     and
       (2) the standard or condition is in addition to the 
     standards and conditions applicable to the production or 
     manufacture pursuant to--
       (A) Federal law; and
       (B) the laws of the State and unit of local government in 
     which the production or manufacture occurs.

     SEC. 71203. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE 
                   REGULATION OF INTERSTATE COMMERCE.

       (a) Definition of Agricultural Products.--In this section, 
     the term ``agricultural products'' has the meaning given the 
     term in section 207 of the Agricultural Marketing Act of 1946 
     (7 U.S.C. 1626).
       (b) Private Right of Action.--A person, including a 
     producer, a transporter, a distributer, a consumer, a 
     laborer, a trade association, the Federal Government, a State 
     government, or a unit of local government, that is affected 
     by a regulation of a State or unit of local government that 
     regulates any aspect of 1 or more agricultural products that 
     are sold in interstate commerce, including any aspect of the 
     method of production, or any means or instrumentality through 
     which 1 or more agricultural products are sold in interstate 
     commerce may bring an action in the appropriate court to 
     invalidate that regulation and seek damages for economic loss 
     resulting from that regulation.
       (c) Preliminary Injunction.--On a motion of the plaintiff 
     in an action brought under subsection (b), the court shall 
     issue a preliminary injunction to preclude the applicable 
     State or unit of local government from enforcing the 
     regulation at issue until such time as the court enters a 
     final judgment in the case, unless the State or unit of local 
     government proves by clear and convincing evidence that--
       (1) the State or unit of local government is likely to 
     prevail on the merits at trial; and
       (2) the injunction would cause irreparable harm to the 
     State or unit of local government.
       (d) Statute of Limitations.--No action shall be maintained 
     under this section unless the action is commenced not later 
     than 10 years after the cause of action arose.
       (e) Jurisdiction.--A person described in subsection (b) may 
     bring an action under that subsection in--
       (1) the district court of the United States for the 
     judicial district in which the person--
       (A) is affected by a regulation described in that 
     subsection; or
       (B) resides, operates, or does business; or
       (2) any other appropriate court otherwise having 
     jurisdiction.
                                 ______
                                 
  SA 2412. 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:

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

     SEC. 90___. ADDING SERVICE AND SUPPORT COMPANIES TO THE 
                   SHUTTERED VENUE OPERATORS GRANT PROGRAM.

       (a) In General.--Section 324 of the Economic Aid to Hard-
     Hit Small Businesses, Nonprofits, and Venues Act (title III 
     of division N of Public Law 116-260) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting ``a 
     service and support company,'' after ``theatre operator,'';
       (II) in clause (i)--

       (aa) in the matter preceding subclause (I), by inserting 
     ``the service and support company,'' after ``theatre 
     operator,''; and
       (bb) in subclause (I), by inserting ``a service and support 
     company,'' after ``theatre operator,'';

       (III) in clause (ii)--

       (aa) in subclause (III), by striking ``and'' at the end;
       (bb) in subclause (IV), by adding ``and'' at the end; and
       (cc) by adding at the end the following:

       ``(V) the service and support company is or intends to 
     resume the services and activities described in paragraph 
     (11);''; and
       (IV) in clause (vi), by inserting ``the service and support 
     company,'' after ``theatre operator,'' each place that term 
     appears; and

       (ii) in subparagraph (B), by inserting ``service and 
     support company,'' after ``theatre operator,'' each place 
     that term appears; and
       (B) by adding at the end the following:
       ``(11) Service and support company.--The term `service and 
     support company'--
       ``(A) means an individual or entity--
       ``(i) that is assigned a North American Industry 
     Classification System code of 532490, 541410, 541420, 541430, 
     541490, 561920, 711190, or 711320, as appears on the most 
     recent income tax filing or on the application for a loan 
     under paragraph (36) or (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) of the individual or entity, 
     if applicable; and
       ``(ii) that--

       ``(I)(aa) as a principal business activity, provide stages, 
     lighting, sound, casts, or other support for live performing 
     arts events; and
       ``(bb) for which not less than 70 percent of the earned 
     revenue generated through providing the support described in 
     item (aa) is for live performing arts events organized, 
     promoted, produced, managed, or hosted by an eligible person 
     or entity described in paragraph (1)(A)(iii); or
       ``(II)(aa) showcases performers or pre-packaged productions 
     to potential buyers; and
       ``(bb) for which not less than 70 percent of the earned 
     revenue generated through showcasing performers or pre-
     packaged productions described in item (aa) is for live 
     performing arts events--

       ``(AA) organized, promoted, produced, managed, or hosted by 
     an eligible person or entity described in paragraph 
     (1)(A)(iii); or
       ``(BB) hosted in a hotel or convention center facility;
       ``(B) includes an individual or entity described in 
     subparagraph (A) that--
       ``(i) operates for profit;
       ``(ii) is a nonprofit organization;
       ``(iii) is government-owned; or
       ``(iv) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship; and
       ``(C) does not include--
       ``(i) an individual or entity described in subparagraph (A) 
     that--

       ``(I) employs more than 250 full-time employees; or
       ``(II) is registered or operates outside of the United 
     States; or

       ``(ii) an entity that is majority owned or controlled by an 
     entity that is an issuer, the securities of which are listed 
     on a national securities exchange under section 6 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78f).''; and
       (2) in subsection (b)(2)(B), by adding at the end the 
     following:
       ``(iii) Priority for awards to service and support 
     companies.--

       ``(I) First priority in awarding grants.--During the 
     initial 14-day period during which service and support 
     companies are eligible to receive a grant under this 
     paragraph, in making awards to those companies, the 
     Administrator shall only award grants to those companies with 
     revenue during the period beginning on April 1, 2020 and 
     ending on December 31, 2020, that is not more than 10 percent 
     of the revenue of the company during the period beginning on 
     April 1, 2019 and ending on December 31, 2019, due to the 
     COVID-19 pandemic.
       ``(II) Second priority in awarding grants.--During the 14-
     day period immediately following the14-day period described 
     in clause (i), in making awards to service and support 
     companies under this paragraph, the Administrator shall only 
     award grants to those companies with revenue, during the 
     period beginning on April 1, 2020 and ending on December 31, 
     2020, that is not more than 30 percent of the revenue of the 
     company during the period beginning on April 1, 2019 and 
     ending on December 31, 2019, due to the COVID-19 pandemic.''.

       (b) Transfer of Amounts From Coronavirus State and Local 
     Fiscal Recovery Funds to Shuttered Venue Operators Program.--
       (1) Rescission.--Of the unobligated balances of amounts 
     appropriated under sections 602(a)(1) and 603(a) of the 
     Social Security Act (as added by section 9901 of the American 
     Rescue Plan Act of 2021 (Public Law 117-2)) on the date of 
     enactment of this Act, $4,000,000,000 is rescinded, provided 
     that amounts shall be rescinded from the unobligated balance 
     of amounts appropriated under such section 602(a)(1) first, 
     and amounts shall then be rescinded from the unobligated 
     balance of amounts appropriated under such

[[Page S5770]]

     section 603(a) only if the unobligated balance of amounts 
     appropriated under such section 602(a)(1) is less than 
     $4,000,000,000.
       (2) APPROPRIATION.--There is appropriated for an additional 
     amount, out of amounts in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2021, 
     an amount equal to the amount rescinded under paragraph (1), 
     to remain available until December 31, 2021, under the 
     heading ``Small Business Administration--Shuttered Venue 
     Operators'', to make grants to service and support companies 
     under section 324 of the Economic Aid to Hard Hit Small 
     Businesses, Nonprofits, and Venues Act (title III of division 
     N of Public Law 116-260), as amended by subsection (a).
       (c) Processing Previously Denied Applications.--If a 
     service and support company, as defined in paragraph (11) of 
     section 324(a) of the Economic Aid to Hard-Hit Small 
     Businesses, Nonprofits, and Venues Act (title III of division 
     N of Public Law 116-260), as added by subsection (a), was 
     denied a grant under such section before the date of 
     enactment of this Act due to lack of eligibility but, as a 
     result of the amendments made by subsection (a), is eligible 
     for a grant under such section, the Administrator of the 
     Small Business Administration shall reconsider and process 
     the application of the service and support company.
       (d) Regulations.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall issue regulations to carry out 
     this Act and the amendments made by this Act without regard 
     to the notice requirements under section 553(b) of title 5, 
     United States Code.
       (e) Sense of Congress.--It is the sense of Congress that 
     the Administrator of the Small Business Administration 
     should--
       (1) issue guidance to ensure that entities whose principal 
     business is to provide services and support to the live 
     events industry remain eligible for the program established 
     under section 324 of the Economic Aid to Hard Hit Small 
     Businesses, Nonprofits, and Venues Act (title III of division 
     N of Public Law 116-260); and
       (2) distribute funds appropriated for that program not 
     later than 120 days after the date of enactment of this Act.
                                 ______
                                 
  SA 2413. 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:

        On page 2553, line 5, strike ``$585,000,000'' and insert 
     ``$510,000,000''.
       On page 2553, line 8, strike ``, of which'' and all that 
     follows through ``established:'' on line 12 and insert ``: 
     Provided further, That no funds made available under this Act 
     shall be used for the breach or removal of a Federal or non-
     Federal dam:''.
       On page 2611, line 10, strike ``$360,000,000'' and insert 
     ``$350,000,000''.
       On page 2611, line 11, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 13, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 15, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 17, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 19, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2612, line 6, insert ``and'' after the semicolon.
       On page 2612, line 10, strike ``; and'' and insert a 
     period.
       On page 2612, strike lines 11 through 13.
                                 ______
                                 
  SA 2414. 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:

        On page 1816, strike lines 1 through 12 and insert the 
     following:
       (2) $285,000,000 shall be made available to provide to 
     States and Indian Tribes for implementing restoration 
     projects on Federal land pursuant to good neighbor agreements 
     entered into under section 8206 of the Agricultural Act of 
     2014 (16 U.S.C. 2113a) or agreements entered into under 
     section 2(b) of the Tribal Forest Protection Act of 2004 (25 
     U.S.C. 3115a(b)), of which--
       (A) $40,000,000 shall be made available to the Secretary of 
     the Interior; and
       (B) $245,000,000 shall be made available to the Secretary 
     of Agriculture;
                                 ______
                                 
  SA 2415. 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:

        On page 1816, strike lines 1 through 12 and insert the 
     following:
       (2) $285,000,000 shall be made available to provide to 
     States and Indian Tribes for implementing restoration 
     projects on Federal land pursuant to good neighbor agreements 
     entered into under section 8206 of the Agricultural Act of 
     2014 (16 U.S.C. 2113a) or agreements entered into under 
     section 2(b) of the Tribal Forest Protection Act of 2004 (25 
     U.S.C. 3115a(b)), of which--
       (A) $40,000,000 shall be made available to the Secretary of 
     the Interior; and
       (B) $245,000,000 shall be made available to the Secretary 
     of Agriculture;
       On page 2553, line 5, strike ``$585,000,000'' and insert 
     ``$510,000,000''.
       On page 2553, line 8, strike ``, of which'' and all that 
     follows through ``established:'' on line 12 and insert ``: 
     Provided further, That no funds made available under this Act 
     shall be used for the breach or removal of a Federal or non-
     Federal dam:''.
       On page 2611, line 10, strike ``$360,000,000'' and insert 
     ``$350,000,000''.
       On page 2611, line 11, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 13, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 15, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 17, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2611, line 19, strike ``$72,000,000'' and insert 
     ``$70,000,000''.
       On page 2612, line 6, insert ``and'' after the semicolon.
       On page 2612, line 10, strike ``; and'' and insert a 
     period.
       On page 2612, strike lines 11 through 13.
                                 ______
                                 
  SA 2416. 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 in title I of division E, insert 
     the following:

     SEC. 501__. EMERGENCY WATER INFRASTRUCTURE IMPROVEMENTS.

       (a) Additional Environmental Infrastructure Authority.--
     Section 219(f)(167) of the Water Resources Development Act of 
     1992 (Public Law 102-580; 106 Stat. 4835; 113 Stat. 335; 121 
     Stat. 1263) is amended by striking ``$25,000,000'' and 
     inserting ``$47,000,000''.
       (b) Safe Drinking Water Infrastructure.--
       (1) Definitions.--In this subsection:
       (A) Eligible state.--The term ``eligible State'' means a 
     State--
       (i) for which the President has declared not fewer than 5 
     major disasters under the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
       (ii) in which public water systems suffered major damage, 
     as determined by the Administrator, from Winter Storms Uri 
     and Viola.
       (B) Eligible system.--The term ``eligible system'' means a 
     public water system that has been subject to an emergency 
     administrative order pursuant to section 1431 of the Safe 
     Drinking Water Act (42 U.S.C. 300i) during calendar year 
     2020.
       (C) Public water system.--The term ``public water system'' 
     has the meaning given the term in section 1401 of the Safe 
     Drinking Water Act (42 U.S.C. 300f).
       (2) State revolving loan fund assistance.--
       (A) In general.--Notwithstanding any other provision of 
     law, an eligible system shall be--
       (i) considered a disadvantaged community for purposes of 
     subsection (d) of section 1452 of the Safe Drinking Water Act 
     (42 U.S.C. 300j-12); and
       (ii) eligible to receive the additional subsidization 
     described in paragraph (1) of that subsection, including the 
     forgiveness of principal described in that paragraph.
       (B) Authorization.--An eligible State may use funds made 
     available under a capitalization grant provided under 
     paragraph (3) to provide the additional subsidization 
     described in subparagraph (A)(ii) to an eligible system 
     within the eligible State to address contaminants in drinking 
     water, which may include the repair and replacement of water 
     distribution system components.
       (3) Drinking water state revolving funds.--
       (A) Appropriation.--There is appropriated to the 
     Administrator, out of any funds of the Treasury not otherwise 
     appropriated, $150,000,000 to provide additional 
     capitalization grants to eligible States pursuant to section 
     1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) for 
     the purposes described in paragraph (2)(B), to remain 
     available until expended.
       (B) Intended use plans.--Not later than 30 days after the 
     date on which an eligible

[[Page S5771]]

     State submits to the Administrator a revised intended use 
     plan under section 1452(b) of the Safe Drinking Water Act (42 
     U.S.C. 300j-12(b)) that includes information with respect to 
     projects described in paragraph (2)(B) to be funded using 
     amounts made available in a capitalization grant pursuant to 
     subparagraph (A), the Administrator shall make a 
     capitalization grant to the eligible State in such amount as 
     is necessary to fund the projects described in the revised 
     intended use plan.
       (C) Requirement.--Of the funds provided to an eligible 
     State in a capitalization grant made pursuant to subparagraph 
     (A), the eligible State may use not more than 15 percent to 
     provide assistance to an eligible system for the purposes of 
     purchasing and installing new water meters and modernizing 
     billing systems.
       (4) Nonduplication of work.--An activity carried out using 
     funds made available under this subsection shall not 
     duplicate or impede the work of any other Federal or State 
     department or agency.
       (c) Economic Adjustment Assistance Grants for Drinking 
     Water Infrastructure.--Of the amounts made available under 
     the heading ``economic development assistance programs'' 
     under the heading ``Economic Development Administration'' 
     under title II of division B of the CARES Act (Public Law 
     116-136; 134 Stat. 510), or for grants for economic 
     development assistance under the heading ``economic 
     development assistance programs'' under the heading 
     ``Economic Development Administration'' under title I of 
     division B of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260), that are unobligated on the date of 
     enactment of this Act, the Secretary of Commerce shall 
     provide not less than $25,000,000 to eligible systems (as 
     defined in subsection (b)(1)) to address contaminants in 
     drinking water.
                                 ______
                                 
  SA 2417. Ms. LUMMIS (for herself and Mr. Hickenlooper) 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 D, add the following:

           TITLE XIII--RURAL BROADBAND PERMITTING EFFICIENCY

     SEC. 41301. SHORT TITLE.

       This title may be cited as the ``Rural Broadband Permitting 
     Efficiency Act of 2021''.

     SEC. 41302. DEFINITIONS.

       In this title:
       (1) Broadband project.--The term ``broadband project'' 
     means an installation by a broadband provider of wireless or 
     broadband infrastructure, including but not limited to, 
     copper lines, fiber optic lines, communications towers, 
     buildings, or other improvements on Federal land.
       (2) Broadband provider.--The term ``broadband provider'' 
     means a provider of wireless or broadband infrastructure that 
     enables a user to originate and receive high-quality voice, 
     data, graphics, and video telecommunications.
       (3) Indian lands.--The term ``Indian Lands'' means--
       (A) any land owned by an Indian Tribe, located within the 
     boundaries of an Indian reservation, pueblo, or rancheria; or
       (B) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria, the title to which is 
     held--
       (i) in trust by the United States for the benefit of an 
     Indian Tribe or an individual Indian;
       (ii) by an Indian Tribe or an individual Indian, subject to 
     restriction against alienation under laws of the United 
     States; or
       (iii) by a dependent Indian community.
       (4) Indian tribe.--The term ``Indian Tribe'' means a 
     federally recognized Indian Tribe.
       (5) Operational right-of-way.--The term ``operational 
     right-of-way'' means all real property interests (including 
     easements) acquired for the construction or operation of a 
     project, including the locations of the roadway, bridges, 
     interchanges, culverts, drainage, clear zone, traffic control 
     signage, landscaping, copper and fiber optic lines, utility 
     shelters, poles, and broadband infrastructure as installed by 
     broadband providers, and any rest areas with direct access to 
     a controlled access highway or the National Highway System.
       (6) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture (acting through the Chief 
     of the Forest Service), with respect to National Forest 
     System land; and
       (B) the Secretary of the Interior, with respect to land 
     managed by the Department of the Interior (including land 
     held in trust for an Indian Tribe).

     SEC. 41303. STATE OR TRIBAL PERMITTING AUTHORITY.

       (a) In General.--The Secretary concerned shall establish 
     (or in the case where both Department of the Interior and 
     National Forest System land would be affected, shall jointly 
     establish) a voluntary program under which any State or 
     Indian Tribe may offer, and the Secretary concerned may 
     agree, to enter into a memorandum of understanding to allow 
     for the State or Indian Tribe to prepare environmental 
     analyses required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for the permitting of 
     broadband projects within an operational right-of-way on 
     National Forest System land, land managed by the Department 
     of the Interior, and Indian Lands. Under such a memorandum of 
     understanding, an Indian Tribe or State may volunteer to 
     cooperate with the signatories to the memorandum in the 
     preparation of the analyses required under the National 
     Environmental Policy Act of 1969.
       (b) Assumption of Responsibilities.--
       (1) In general.--In entering into a memorandum of 
     understanding under this section, the Secretary concerned may 
     assign to the State or Indian Tribe, and the State or Indian 
     Tribe may agree to assume, all or part of the 
     responsibilities of the Secretary concerned for environmental 
     analyses under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       (2) State or indian tribe responsibility.--
       (A) In general.--A State or Indian Tribe that assumes any 
     responsibility under paragraph (1) shall be subject to the 
     same procedural and substantive requirements as would apply 
     if the responsibility were carried out by the Secretary 
     concerned.
       (B) Effect of assumption of responsibility.--A State or 
     Indian Tribe that assumes any responsibility, including 
     financial responsibility, under paragraph (1) shall be solely 
     responsible and solely liable for carrying out, in lieu of 
     the Secretary concerned, the responsibilities assumed under 
     that paragraph until the date on which the program is 
     terminated under subsection (g).
       (C) Environmental review.--A State or Indian Tribe that 
     assumes any responsibility under paragraph (1) shall comply 
     with the environmental review procedures under parts 1500-
     1508 of title 40, Code of Federal Regulations (or successor 
     regulations), and the regulations of the Secretary concerned.
       (3) Federal responsibility.--Any responsibility of the 
     Secretary concerned described in paragraph (1) that is not 
     explicitly assumed by the State or Indian Tribe in the 
     memorandum of understanding shall remain the responsibility 
     of the Secretary concerned.
       (c) Offer and Notification.--A State or Indian Tribe that 
     intends to offer to enter into a memorandum of understanding 
     under this section shall provide to the Secretary concerned 
     notice of the intent of the State or Indian Tribe not later 
     than 90 days before the date on which the State or Indian 
     Tribe submits a formal written offer to the Secretary 
     concerned.
       (d) Tribal Consultation.--Within 90 days of entering into 
     any memorandum of understanding with a State, the Secretary 
     concerned shall initiate consultation with relevant Indian 
     Tribes.
       (e) Memorandum of Understanding.--A memorandum of 
     understanding entered into under this section shall--
       (1) be executed by the Governor or the Governor's designee, 
     or in the case of an Indian Tribe, by an officer designated 
     by the governing body of the Indian Tribe;
       (2) be for a term not to exceed 10 years;
       (3) be in such form as the Secretary concerned may 
     prescribe;
       (4) provide that the State or Indian Tribe--
       (A) agrees to assume all or part of the responsibilities of 
     the Secretary concerned described in subsection (b)(1);
       (B) expressly consents, including through the adoption of 
     express waivers of sovereign immunity, on behalf of the State 
     or Indian Tribe, to accept the jurisdiction of the Federal 
     courts for the compliance, discharge, and enforcement of any 
     responsibility of the Secretary concerned assumed by the 
     State or Indian Tribe;
       (C) certify that State laws and regulations, with respect 
     to States, or Tribal laws and regulations, with respect to 
     Indian Tribes, are in effect that--
       (i) authorize the State or Indian Tribe to take the actions 
     necessary to carry out the responsibilities being assumed; 
     and
       (ii) are comparable to section 552 of title 5, United 
     States Code, including providing that any decision regarding 
     the public availability of a document under the State laws is 
     reviewable by a court of competent jurisdiction;
       (D) agrees to maintain the financial resources necessary to 
     carry out the responsibilities being assumed;
       (E) agrees to provide to the Secretary concerned any 
     information the Secretary concerned considers necessary to 
     ensure that the State or Indian Tribe is adequately carrying 
     out the responsibilities assigned to and assumed by the State 
     or Indian Tribe;
       (F) agrees to return revenues generated from the use of 
     public lands authorized under this section to the United 
     States annually, in accordance with the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
       (G) agrees to send a copy of all authorizing documents to 
     the United States for proper notation and recordkeeping;
       (5) prioritize and expedite any analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     under the memorandum of understanding;
       (6) not be granted to a State on Indian Lands without the 
     consent of the relevant Indian Tribe, which consent may be 
     withdrawn at any time before the work under the

[[Page S5772]]

     memorandum of understanding is complete; and
       (7) not be granted to an Indian Tribe on State lands 
     without the consent of the relevant State.
       (f) Limitation.--Nothing in this section permits a State or 
     Indian Tribe to assume--
       (1) any rulemaking authority of the Secretary concerned 
     under any Federal law; and
       (2) Federal Government responsibilities for government-to-
     government consultation with Indian Tribes.
       (g) Termination.--
       (1) Termination by the secretary.--The Secretary concerned 
     may terminate the participation of any State or Indian Tribe 
     in the program established under this section if--
       (A) the Secretary concerned determines that the State or 
     Indian Tribe is not adequately carrying out the 
     responsibilities assigned to and assumed by the State or 
     Indian Tribe;
       (B) the Secretary concerned provides to the State or Indian 
     Tribe--
       (i) notification of the determination of noncompliance; and
       (ii) a period of at least 30 days during which to take such 
     corrective action as the Secretary concerned determines is 
     necessary to comply with the applicable agreement; and
       (C) the State or Indian Tribe, after the notification and 
     period provided under subparagraph (B), fails to take 
     satisfactory corrective action, as determined by the 
     Secretary concerned.
       (2) Termination by the state or indian tribe.--A State or 
     Indian Tribe may terminate the participation of the State or 
     Indian Tribe in the program established under this section at 
     any time by providing to the Secretary concerned a notice of 
     intent to terminate by not later than the date that is 90 
     days before the date of termination.
       (3) Termination of memorandum of understanding with state 
     or indian tribe.--A State or an Indian Tribe may terminate a 
     joint memorandum of understanding under this section at any 
     time by providing to the Secretary concerned a notice of 
     intent to terminate by no later than the date that is 90 days 
     before the date of termination.

     SEC. 41304. FEDERAL BROADBAND PERMIT COORDINATION.

       (a) Establishment.--The Secretary concerned shall establish 
     a broadband permit streamlining team comprised of qualified 
     staff under subsection (b)(4) in each State or regional 
     office that has been delegated responsibility for issuing 
     permits for broadband projects.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary concerned, in 
     consultation with the National Conference of State Historic 
     Preservation Officers and the National Tribal Historic 
     Preservation Officers Association, shall enter into a 
     memorandum of understanding to carry out this section with--
       (A) the Secretary of Agriculture or of the Interior, as 
     appropriate;
       (B) the Director of the Bureau of Indian Affairs; and
       (C) the Director of the United States Fish and Wildlife 
     Service.
       (2) Purpose.--The purpose of the memorandum of 
     understanding under paragraph (1) is to coordinate and 
     expedite permitting decisions for broadband projects.
       (3) State or tribal participation.--The Secretary concerned 
     may request that the Governor of any State or the officer 
     designated by the governing body of the Indian Tribe with one 
     or more broadband projects be a party to the memorandum of 
     understanding under paragraph (1).
       (4) Designation of qualified staff.--
       (A) In general.--Not later than 30 days after the date of 
     entrance into the memorandum of understanding under paragraph 
     (1), the head of each Federal agency that is a party to the 
     memorandum of understanding (other than the Secretary 
     concerned) may, if the head of the Federal agency determines 
     it to be appropriate, designate to each State or regional 
     office an employee of that Federal agency with expertise in 
     regulatory issues relating to that Federal agency, including, 
     as applicable, particular expertise in--
       (i) planning under the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) and 
     planning under the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.);
       (ii) the preparation of analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
       (iii) consultation and the preparation of biological 
     opinions under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536).
       (B) Duties.--Each employee designated under subparagraph 
     (A) shall--
       (i) be responsible for any issue relating to any broadband 
     project within the jurisdiction of the State or regional 
     office under the authority of the Federal agency from which 
     the employee is assigned;
       (ii) participate as part of the team of personnel working 
     on one or more proposed broadband projects, including 
     planning and environmental analyses; and
       (iii) serve as the designated point of contact with any 
     applicable State or Indian Tribe that assumes any 
     responsibility under section 41303(b)(1) relating to any 
     issue described in clause (i).

     SEC. 41305. EFFECT.

       (a) In General.--Nothing in this title or a memorandum of 
     understanding entered into under section 41303 terminates, 
     waives, modifies, or reduces the trust responsibility of the 
     United States to Indian Tribes or individual Indians.
       (b) Requirement.--In carrying out this title, the Secretary 
     concerned shall act in good faith in upholding the trust 
     responsibility of the United States to Indian Tribes or 
     individual Indians.
                                 ______
                                 
  SA 2418. Mr. TUBERVILLE 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 ``$55,772,000,000''.
       On page 2637, line 18, strike ``$9,454,400,000'' and insert 
     ``$11,154,400,000''.
       On page 2637, line 20, strike ``$9,454,400,000'' and insert 
     ``$11,154,400,000''.
       On page 2637, line 22, strike ``$9,454,400,000'' and insert 
     ``$11,154,400,000''.
       On page 2637, line 24, strike ``$9,454,400,000'' and insert 
     ``$11,154,400,000''.
       On page 2638, line 1, strike ``$9,454,400,000'' and insert 
     ``$11,154,400,000''.
       On page 2639, line 6, strike ``$27,500,000,000'' and insert 
     ``$36,000,000,000''.
       On page 2681, line 5, strike ``$36,000,000,000'' and insert 
     ``$27,500,000,000''.
                                 ______
                                 
  SA 2419. Mr. TUBERVILLE 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 2465, line 7, strike ``$2,000,000,000'' and insert 
     ``$5,000,000,000''.
       On page 2465, line 13, strike ``$1,926,000,000'' and insert 
     ``$4,926,000,000''.
       On page 2619, line 25, strike ``$12,500,000,000'' and 
     insert ``$14,000,000,000''.
       On page 2620, line 4, strike ``$7,500,000,000'' and insert 
     ``$9,000,000,000''.
       On page 2620, line 7, strike ``$1,000,000,000'' and insert 
     ``$1,100,000,000''.
       On page 2620, line 9, strike ``$1,000,000,000'' and insert 
     ``$1,100,000,000''.
       On page, line 11, strike ``$1,000,000,000'' and insert 
     ``$1,100,000,000''.
       On page 2620, line 13, strike ``$1,000,000,000'' and insert 
     ``$1,100,000,000''.
       On page 2620, line 15, strike ``$1,000,000,000'' and insert 
     ``$1,100,000,000''.
       On page 2620, line 19, strike ``$1,500,000,000''and insert 
     ``$1,700,000,000''.
       On page 2620, line 21, strike ``$1,500,000,000''and insert 
     ``$1,700,000,000''.
       On page 2620, line 23, strike ``$1,500,000,000''and insert 
     ``$1,700,000,000''.
       On page 2620, line 25, strike ``$1,500,000,000''and insert 
     ``$1,700,000,000''.
       On page 2621, line 2, strike ``$1,500,000,000''and insert 
     ``$1,700,000,000''.
       On page 2637, line 15, strike ``$47,272,000,000'' and 
     insert ``$48,772,000,000''.
       On page 2637, line 18, strike $9,454,400,000'' and insert 
     ``$9,754,400,000''.
       On page 2637, line 20, strike $9,454,400,000'' and insert 
     ``$9,754,400,000''.
       On page 2637, line 22, strike $9,454,400,000'' and insert 
     ``$9,754,400,000''.
       On page 2637, line 24, strike $9,454,400,000'' and insert 
     ``$9,754,400,000''.

       On page 2638, line 1, strike $9,454,400,000'' and insert 
     ``$9,754,400,000''.
       On page 2657, line 3, strike ``$9,235,000,000'' and insert 
     ``$10,735,000,000''.
       Beginning on page 2672, strike line 5 and all that follows 
     through page 2675, line 21.
                                 ______
                                 
  SA 2420. Mr. TUBERVILLE 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 2619, line 25, strike ``12,500,000,000'' and 
     insert ``$20,500,000,000''.
       On page 2620, line 4, strike ``$7,500,000,000'' and insert 
     ``$15,500,000,000''.
       On page 2620, line 7, strike ``$1,000,000,000'' and insert 
     ``$1,500,000,000''.
       On page 2620, line 9, strike ``$1,000,000,000'' and insert 
     ``$1,500,000,000''.
       On page 2620, line 11, strike ``$1,000,000,000'' and insert 
     ``$1,500,000,000''.
       On page 2620, line 13, strike ``$1,000,000,000'' and insert 
     ``$1,500,000,000''.
       On page 2620, line 15, strike ``$1,000,000,000'' and insert 
     ``$1,500,000,000''.
       On page 2620, line 19, strike ``$1,500,000,000''and insert 
     ``$2,600,000,000''.

[[Page S5773]]

       On page 2620, line 21, strike ``$1,500,000,000''and insert 
     ``$2,600,000,000''.
       On page 2620, line 23, strike ``$1,500,000,000''and insert 
     ``$2,600,000,000''.
       On page 2620, line 25, strike ``$1,500,000,000''and insert 
     ``$2,600,000,000''.
       On page 2621, line 2, strike ``$1,500,000,000''and insert 
     ``$2,600,000,000''.
       On page 2676, line 6, strike ``$16,000,000,000'' and insert 
     ``$8,000,000,000''.
       On page 2676, line 9, strike ``$3,200,000,000'' and insert 
     ``$1,600,000,000''.
       On page 2676, line 11, strike ``$3,200,000,000'' and insert 
     ``$1,600,000,000''.
       On page 2676, line 12, strike ``$3,200,000,000'' and insert 
     ``$1,600,000,000''.
       On page 2676, line 14, strike ``$3,200,000,000'' and insert 
     ``$1,600,000,000''.
       On page 2676, line 16, strike ``$3,200,000,000'' and insert 
     ``$1,600,000,000''.
                                 ______
                                 
  SA 2421. Mr. TUBERVILLE 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 2022, line 15, strike ``$42,450,000,000'' and 
     insert ``$47,450,000,000''.
       On page 2025, strike lines 1 through 8 and insert the 
     following:
       (A) except as provided in subparagraphs (B) and (C) of this 
     paragraph, $200,000,000 shall be allocated to each State;
       (B) $100,000,000 shall be allocated to each of the District 
     of Columbia and the Commonwealth of Puerto Rico; and
       (C) $100,000,000 shall be allocated to, and divided equally 
     among, the United States Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.

       On page 2470, line 10, strike ``$42,450,000,000'' and 
     insert ``$47,450,000,000''.
       On page 2681, line 5, strike ``$36,000,000,000'' and insert 
     ``$31,000,000,000''.
       On page 2681, line 7, strike ``$7,200,000,000'' and insert 
     ``$6,200,000,000''.
       On page 2681, line 9, strike ``$7,200,000,000'' and insert 
     ``$6,200,000,000''.
       On page 2681, line 11, strike ``$7,200,000,000'' and insert 
     ``$6,200,000,000''.
       On page 2681, line 12, strike ``$7,200,000,000'' and insert 
     ``$6,200,000,000''.
       On page 2681, line 14, strike ``$7,200,000,000'' and insert 
     ``$6,200,000,000''.
       On page 2681, line 18, strike ``$24,000,000,000'' and 
     insert ``$20,666,666,667''.
                                 ______
                                 
  SA 2422. Mr. TUBERVILLE 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 2465, line 7, strike ``$2,000,000,000'' and insert 
     ``$4,000,000,000''.
       On page 2465, line 13, strike ``$1,926,000,000'' and insert 
     ``$3,926,000,000''.
       On page 2683, line 20, strike ``$10,250,000,000'' and 
     insert ``$8,250,000,000''.
       On page 2683, line 21, strike ``$2,050,000,000'' and insert 
     ``$1,650,000,000''.
       On page 2683, line 23, strike ``$2,050,000,000'' and insert 
     ``$1,650,000,000''.
       On page 2683, line 25, strike ``$2,050,000,000'' and insert 
     ``$1,650,000,000''.
       On page 2684, line 1, strike ``$2,050,000,000'' and insert 
     ``$1,650,000,000''.
       On page 2684, line 3, strike ``$2,050,000,000'' and insert 
     ``$1,650,000,000''.
                                 ______
                                 
  SA 2423. Mr. RISCH (for himself, Mrs. Feinstein, and Mr. Kelly) 
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 1848, line 7, strike ``2,000'' and insert ``5''.
                                 ______
                                 
  SA 2424. Mr. SCOTT of Florida 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. _____. FUNDING ALLOCATIONS.

       Notwithstanding any other provision of law--
       (1) in the case of any amounts made available under any 
     division of this Act, including an amendment made by any 
     division of this Act, that are apportioned to States by 
     formula, the amounts shall be apportioned to States on a per 
     capita basis using the most up to date estimates from the 
     Bureau of the Census; and
       (2) in the case of any amounts made available under any 
     division of this Act, including an amendment made by any 
     division of this Act, that are made available to States and 
     other entities through discretionary grants and other 
     financial assistance, in providing those amounts, the 
     applicable head of the Federal agency shall apportion those 
     amounts on the State per capita basis referred to in 
     paragraph (1).
                                 ______
                                 
  SA 2425. Mr. SCOTT of Florida 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. 9____. REQUIREMENT FOR THE REALIZATION OF REVENUE.

       Notwithstanding any other provision of any division of this 
     Act--
       (1) the total amount made available under this Act, 
     including amendments made by a division of this Act, may not 
     exceed the total amount of revenue collected or realized 
     under this division and division H (including amendments made 
     by those divisions); and
       (2) the amounts made available under this Act, including 
     amendments made by a division of this Act, shall be reduced 
     proportionally based on the amount of revenue collected or 
     realized as described in paragraph (1).
                                 ______
                                 
  SA 2426. Mr. RUBIO (for himself and Mr. Kelly) 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 2010, line 6, insert ``pursuant to section 
     516(b)(1)'' after ``assessment''.
       On page 2010, line 11, insert ``pursuant to section 
     516(b)(1)'' after ``assessment''.
       On page 2010, line 14, insert ``to the Administrator'' 
     after ``appropriated''.
       On page 2010, strike line 16 and insert the following: 
     available until expended.
       ``(c) Funding.--Each fiscal year, a State may reserve up to 
     0.5 percent of the sums allotted to the State under this 
     title for the fiscal year to carry out activities under 
     section 516(b)(1)(B).''.
       On page 2014, between lines 10 and 11, insert the 
     following:

     SEC. 502__. REPORTS TO CONGRESS.

       Section 516(b)(1) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1375(b)(1)) is amended by striking ``(B) a 
     detailed estimate, biennially revised, of the cost of 
     construction of all needed publicly owned treatment works in 
     all of the States and of the cost of construction of all 
     needed publicly owned treatment works in each of the 
     States;'' and inserting ``(B) a detailed estimate, biennially 
     revised, of the cost of construction of all planned publicly 
     owned treatment works in all of the States and all needed 
     publicly owned treatment works in all of the States, and the 
     cost of construction of all planned publicly owned treatment 
     works in each of the States and all needed publicly owned 
     treatment works in each of the States, which shall include 
     (i) the cost of construction to rehabilitate or upgrade all 
     existing publicly owned treatment works (excluding any pipe 
     or other device or system for the conveyance of wastewater), 
     every 20 years, including the costs to implement measures 
     necessary to address the resilience and sustainability of 
     publicly owned treatment works to manmade or natural 
     disasters and (ii) the cost of construction to replace 10 
     percent of existing publicly owned pipes and other devices 
     and systems for the conveyance of wastewater to such 
     treatment works over the 20-year period following the date of 
     the estimate;''.

[[Page S5774]]

  

                                 ______
                                 
  SA 2427. Mr. RUBIO 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. ___. MAKING DAYLIGHT SAVING TIME PERMANENT.

       (a) Repeal of Temporary Period for Daylight Saving Time.--
     Section 3 of the Uniform Time Act of 1966 (15 U.S.C. 260a) is 
     hereby repealed.
       (b) Advancement of Standard Time.--
       (1) In general.--The second sentence of subsection (a) of 
     the first section of the Act of March 19, 1918 (commonly 
     known as the ``Calder Act'') (15 U.S.C. 261), is amended--
       (A) by striking ``4 hours'' and inserting ``3 hours'';
       (B) by striking ``5 hours'' and inserting ``4 hours'';
       (C) by striking ``6 hours'' and inserting ``5 hours'';
       (D) by striking ``7 hours'' and inserting ``6 hours'';
       (E) by striking ``8 hours'' and inserting ``by 7 hours'';
       (F) by striking ``9 hours'' and inserting ``8 hours'';
       (G) by striking ``10 hours;'' and inserting ``9 hours;'';
       (H) by striking ``11 hours'' and inserting ``10 hours''; 
     and
       (I) by striking ``10 hours.'' and inserting ``11 hours.''.
       (2) State exemption.--The first section of the Act of March 
     19, 1918 (commonly known as the ``Calder Act'') (15 U.S.C. 
     261) is further amended by--
       (A) redesignating subsection (b) as subsection (c); and
       (B) inserting after subsection (a) the following:
       ``(b) Standard Time for Certain States and Areas.--The 
     standard time for a State that has exempted itself from the 
     provisions of section 3(a) of the Uniform Time Act of 1966 
     (15 U.S.C. 260a(a)), as in effect on the day before the date 
     of the enactment of the Infrastructure Investment and Jobs 
     Act, pursuant to such section or an area of a State that has 
     exempted such area from such provisions pursuant to such 
     section shall be, as such State considers appropriate--
       ``(1) the standard time for such State or area, as the case 
     may be, pursuant to subsection (a) of this section; or
       ``(2) the standard time for such State or area, as the case 
     may be, pursuant to subsection (a) of this section as it was 
     in effect on the day before the date of the enactment of the 
     Infrastructure Investment and Jobs Act.''.
       (3) Conforming amendment.--The first section of the Act of 
     March 19, 1918 (commonly known as the ``Calder Act'') (15 
     U.S.C. 261) is further amended, in the second sentence, by 
     striking ``Except as provided in section 3(a) of the Uniform 
     Time Act of 1966 (15 U.S.C. 260a(a)), the'' and inserting 
     ``Except as provided in subsection (b),''.
                                 ______
                                 
  SA 2428. Mr. COTTON 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 __--REGULATIONS RELATING TO THE TAKING OF DOUBLE-CRESTED 
                               CORMORANTS

     SEC. __. REGULATIONS RELATING TO THE TAKING OF DOUBLE-CRESTED 
                   CORMORANTS.

       (a) Force and Effect.--
       (1) In general.--Subject to subsection (b), sections 21.47 
     and 21.48 of title 50, Code of Federal Regulations (as in 
     effect on January 1, 2016), shall have the force and effect 
     of law.
       (2) Public notice.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service (referred to in this section as the ``Secretary''), 
     shall notify the public of the authority provided by 
     paragraph (1) in a manner determined to be appropriate by the 
     Secretary.
       (b) Sunset.--The authority provided by subsection (a)(1) 
     shall terminate on the effective date of a regulation 
     promulgated by the Secretary after the date of enactment of 
     this Act to control depredation of double-crested cormorant 
     populations.
       (c) Rule of Construction.--Nothing in this section limits 
     the authority of the Secretary to promulgate regulations 
     relating to the taking of double-crested cormorants under any 
     other law.
                                 ______
                                 
  SA 2429. Mr. SCOTT of Florida 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 sections 90001, 90004, and 90006.
                                 ______
                                 
  SA 2430. Mr. BOOKER 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 1873, between lines 19 and 20, insert the 
     following:

     SEC. 410__. MILESTONE-BASED FUSION DEVELOPMENT PROGRAM.

       There are authorized to be appropriated to the Secretary to 
     carry out activities under section 307(i) of the Department 
     of Energy Research and Innovation Act (42 U.S.C. 18645(i))--
       (1) $140,000,000 for fiscal year 2022;
       (2) $200,000,000 for fiscal year 2023;
       (3) $325,000,000 for fiscal year 2024;
       (4) $200,000,000 for fiscal year 2025; and
       (5) $ 135,000,000 for fiscal year 2026.
       On page 2528, line 14, strike ``$21,456,000,000'' and 
     insert ``$22,456,000,000''.
       On page 2534, line 17, insert ``Provided further, That of 
     the amount provided under this heading in this Act and in 
     addition to amounts otherwise made available for this 
     purpose, $1,000,000,000 shall be to carry out the Milestone-
     Based Fusion Development Program under section 307(i) of the 
     Department of Energy Research and Innovation Act (42 U.S.C. 
     18645(i)):'' after ``2026:''.
                                 ______
                                 
  SA 2431. 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 to ensure the 
     availability of an adequate market of last resort for 
     essential property insurance, over which a State agency or 
     State department of insurance has regulatory oversight,
     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 2432. Mrs. GILLIBRAND (for herself, Mr. Markey, Ms. Warren, Mr. 
Blumenthal, Mr. Durbin, Mr. Merkley, Mr. Padilla, Mr. Casey, and Mrs. 
Feinstein) submitted an amendment intended to be proposed to

[[Page S5775]]

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 E, insert 
     the following:

     SEC. 502__. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES 
                   AND STANDARDS AND WATER QUALITY CRITERIA FOR 
                   PFAS.

       (a) Definitions.--In this section:
       (1) 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).
       (2) Measurable.--The term ``measurable'' means, with 
     respect to a chemical substance or class of chemical 
     substances, capable of being measured using test procedures 
     established under section 304(h) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1314(h)).
       (3) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
     substance'' means a chemical of which all of the carbon atoms 
     are fully fluorinated carbon atoms.
       (4) 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.
       (5) 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).
       (6) 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).
       (b) Deadlines.--
       (1) Water quality criteria.--Not later than 3 years after 
     the date of enactment of this section, the Administrator 
     shall publish in the Federal Register human health water 
     quality criteria under section 304(a)(1) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1314(a)(1)) 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.
       (c) 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.
       (d) 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.
       (e) No Increased Bonding Authority.--Amounts awarded to an 
     owner or operator of a publicly owned treatment works under 
     this section may not be used as a source of payment of, or 
     security for (directly or indirectly), in whole or in part, 
     any obligation the interest on which is exempt from the tax 
     imposed under chapter 1 of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 2433. 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 appropriate place in division I, insert the 
     following:

     SEC. ___. TRANSFER AND REDEMPTION OF ABANDONED SAVINGS BONDS.

       Section 3105 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(f)(1) Notwithstanding any other Federal law, the 
     ownership of an applicable savings bond may be transferred 
     pursuant to a valid judgment of escheatment vesting a State 
     with title to the bond. Nothing in this section, or in any 
     regulation promulgated by the Secretary to implement this 
     section, may be construed to preempt State law providing for, 
     or governing the escheatment of, applicable savings bonds.
       ``(2) The Secretary shall recognize an order of a court of 
     competent jurisdiction that vests title to an applicable 
     savings bond with a State, regardless of whether the State 
     has possession of such bond if the State provides the 
     Secretary with a certified copy of such order.
       ``(3)(A) If a State has title or is seeking to obtain title 
     through a judicial proceeding to an applicable savings bond, 
     the Secretary shall provide to the State, upon request, the 
     serial number of such bond, and any reasonably available 
     records or information--
       ``(i) relating to the purchase or ownership of such bond, 
     including any transactions involving such bond; or
       ``(ii) which may provide other identifying information 
     relating to such bond.
       ``(B) Any records or information provided to a State 
     pursuant to subparagraph (A) shall be considered sufficient 
     to enable the State to redeem the applicable savings bond for 
     full value, regardless whether the bond is lost, stolen, 
     destroyed, mutilated, defaced, or otherwise not in the 
     State's possession.
       ``(4)(A) Subject to subparagraph (C), a State may redeem 
     and receive payment for an applicable savings bond for which 
     the State has title pursuant to the same procedures 
     established pursuant to regulations which are available for 
     payment or redemption of a savings bond by any owner of such 
     bond.
       ``(B) The Secretary may not prescribe any regulation which 
     prevents or prohibits a State from obtaining title to an 
     applicable savings bond or redeeming such bond pursuant to 
     the procedures described in subparagraph (A).
       ``(C) In the case of an applicable savings bond which is 
     lost, stolen, destroyed, mutilated, defaced, or otherwise not 
     in the possession of the State, if the State has requested 
     records and information under paragraph (3)(A), any 
     applicable period of limitation for payment or redemption of 
     such bond shall not begin to run against the State until the 
     date on which the Secretary has provided the State with the 
     records and information described in such paragraph.
       ``(5) If the United States Government makes payment to a 
     State for an applicable savings bond pursuant to paragraph 
     (4)--
       ``(A) that State shall attempt to locate the original owner 
     of each such bond registered with an address in that State 
     pursuant to the same standards and requirements as exist 
     under that State's abandoned property rules and regulations;
       ``(B) except as provided in subparagraph (C), the United 
     States Government shall not retain any further obligation or 
     liability relating to such bond, including any obligation or 
     liability with respect to the registered owner of such bond 
     (as described in paragraph (6));
       ``(C) should a State that receives payment for an 
     applicable savings bond pursuant to paragraph (4) fail to 
     make payment to a registered owner of such bond (as described 
     in paragraph (6)(B)) after presentment of a valid claim of 
     ownership pursuant to that State's abandoned property rules 
     and regulations, such owner may then seek redemption of their 
     bond through the Secretary or any paying agent authorized by 
     the United States Government to make payments to redeem such 
     bonds, and it shall be paid; and
       ``(D) where the United States Government has made payment 
     of an applicable savings bond under subparagraph (C), the 
     respective State shall indemnify the United States for 
     payments made on such bond.
       ``(6) For purposes of this subsection, the term `applicable 
     savings bond' means any United States savings bond that--
       ``(A) matured on or before December 31, 2017;
       ``(B) is registered to an owner with a last known address 
     within a State claiming title under a valid escheatment order 
     entered after December 31, 2012, and before January 2026; and
       ``(C) has not been redeemed by such owner.''.
                                 ______
                                 
  SA 2434. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr.

[[Page S5776]]

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 507, lines 4 and 5, strike ``and the Federal System 
     Funding Alternative Advisory Board established under section 
     13002(g)(1)''.
       On page 507, lines 11 and 12, strike ``and the national 
     pilot program under section 13002''.
       On page 508, lines 1 and 2, strike ``to the national pilot 
     program under section 13002 or''.
       Strike section 13002.
                                 ______
                                 
  SA 2435. Mr. GRASSLEY (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 division G, insert the following:

                  TITLE XII--ANTI-FRAUD AMENDMENTS ACT

     SEC. 71201. SHORT TITLE.

       This title may be cited as the ``Anti-Fraud Amendments 
     Act''.

                  Subtitle A--False Claims Procedures

     SEC. 71201. FALSE CLAIMS PROCEDURE.

       (a) Proving Materiality.--Section 3729 of title 31, United 
     States Code, is amended by adding at the end the following:
       ``(e) Proving Materiality.--
       ``(1) In general.--In an action under this section, the 
     Government or relator may establish materiality by a 
     preponderance of the evidence.
       ``(2) Rebuttal.--A defendant may rebut evidence of 
     materiality under paragraph (1) only by clear and convincing 
     evidence that the Government regards the matter as 
     immaterial.''.
       (b) Costs.--Section 3731 of title 31, United States Code, 
     is amended by adding at the end the following:
       ``(f) If the Government elects not to intervene in an 
     action brought under section 3730(b), the court shall, upon a 
     motion by the Government, order the requesting party to pay 
     the Government's expenses, including costs and attorneys' 
     fees, for responding to the party's discovery requests, 
     unless the party can demonstrate that the information sought 
     is relevant and proportionate to the needs of the case.''.

     SEC. 71202. RIGHTS OF THE PARTIES TO QUI TAM ACTIONS.

       Section 3730(c)(2)(A) of title 31, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, at which the Government shall have the burden 
     of demonstrating reasons for dismissal, and the qui tam 
     plaintiff shall have the opportunity to show that the reasons 
     are fraudulent, arbitrary and capricious, or contrary to 
     law''.

     SEC. 71203. POST-EMPLOYMENT WHISTLEBLOWER RETALIATION.

       Section 3730(h)(1) of title 31, United States Code, is 
     amended by inserting ``current or former'' after ``Any''.

     SEC. 71204. GAO REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, the Comptroller General of the United States shall 
     submit a report to Congress on the effectiveness of the False 
     Claims Act (31 U.S.C. 3729 et seq.) during the time period 
     beginning on the date of enactment of the False Claims 
     Amendments Act of 1986 (Public Law 99-562; 100 Stat. 3153) 
     and ending on the date of enactment of this Act, which shall 
     include--
       (1) a description of the benefits and challenges of 
     enforcement efforts under the False Claims Act (31 U.S.C. 
     3729 et seq.); and
       (2) information on the amounts recovered by the Government 
     under the False Claims Act since the date of enactment of the 
     False Claims Amendments Act of 1986 (Public Law 99-562; 100 
     Stat. 3153).

     SEC. 71205. APPLICABILITY.

       The amendments made by sections 71201, 71202, and 71203 of 
     this Act shall apply to any case under the False Claims Act 
     (31 U.S.C. 3729 et seq.) that is--
       (1) filed on or after the date of enactment of this Act; or
       (2) pending on the date of enactment of this Act.

                Subtitle B--Administrative False Claims

     SEC. 71211. ADMINISTRATIVE FALSE CLAIMS.

       (a) Change in Short Title.--
       (1) In general.--Subtitle B of title VI of the Omnibus 
     Budget Reconciliation Act of 1986 (Public Law 99-509; 100 
     Stat. 1934) is amended--
       (A) in the subtitle heading, by striking ``Program Fraud 
     Civil Remedies'' and inserting ``Administrative False 
     Claims''; and
       (B) in section 6101 (31 U.S.C. 3801 note), by striking 
     ``Program Fraud Civil Remedies Act of 1986'' and inserting 
     ``Administrative False Claims Act''.
       (2) References.--Any reference to the Program Fraud Civil 
     Remedies Act of 1986 in any provision of law, regulation, 
     map, document, record, or other paper of the United States 
     shall be deemed a reference to the Administrative False 
     Claims Act.
       (b) Reverse False Claims.--Chapter 38 of title 31, United 
     States Code, is amended--
       (1) in section 3801(a)(3), by amending subparagraph (C) to 
     read as follows:
       ``(C) made to an authority which has the effect of 
     concealing or improperly avoiding or decreasing an obligation 
     to pay or transmit property, services, or money to the 
     authority.''; and
       (2) in section 3802(a)(3)--
       (A) by striking ``An assessment'' and inserting ``(A) 
     Except as provided in subparagraph (B), an assessment''; and
       (B) by adding at the end the following:
       ``(B) In the case of a claim described in section 
     3801(a)(3)(C), an assessment shall not be made under the 
     second sentence of paragraph (1) in an amount that is more 
     than double the value of the property, services, or money 
     that was wrongfully withheld from the authority.''.
       (c) Increasing Dollar Amount of Claims.--Section 3803(c) of 
     title 31, United States Code, is amended--
       (1) in paragraph (1) by striking ``$150,000'' each place 
     that term appears and inserting ``$1,000,000''; and
       (2) by adding at the end the following:
       ``(3) Adjustment for inflation.--The maximum amount in 
     paragraph (1) shall be adjusted for inflation in the same 
     manner and to the same extent as civil monetary penalties 
     under the Federal Civil Penalties Inflation Adjustment Act 
     (28 U.S.C. 2461 note).''.
       (d) Recovery of Costs.--Section 3806(g)(1) of title 31, 
     United States Code, is amended to read as follows:
       ``(1)(A) Except as provided in paragraph (2)--
       ``(i) any amount collected under this chapter shall be 
     credited first to reimburse the authority or other Federal 
     entity that expended costs in support of the investigation or 
     prosecution of the action, including any court or hearing 
     costs; and
       ``(ii) amounts reimbursed under clause (i) shall--
       ``(I) be deposited in--
       ``(aa) the appropriations account of the authority or other 
     Federal entity from which the costs described in subparagraph 
     (A) were obligated;
       ``(bb) a similar appropriations account of the authority or 
     other Federal entity; or
       ``(cc) if the authority or other Federal entity expended 
     nonappropriated funds, another appropriate account; and
       ``(II) remain available until expended.
       ``(B) Any amount remaining after reimbursements described 
     in subparagraph (A) shall be deposited as miscellaneous 
     receipts in the Treasury of the United States.''.
       (e) Semiannual Reporting.--Section 5(b) of the Inspector 
     General Act of 1978 (5 U.S.C. App.) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) information relating to cases under chapter 38 of 
     title 31, United States, including--
       ``(A) the number of reports submitted by investigating 
     officials to reviewing officials under section 3803(a)(1) of 
     title 31, United States Code;
       ``(B) actions taken in response to reports described in 
     subparagraph (A), which shall include statistical tables 
     showing--
       ``(i) pending cases;
       ``(ii) resolved cases;
       ``(iii) the average length of time to resolve each case;
       ``(iv) the number of final agency decisions that were 
     appealed to a district court of the United States or a higher 
     court; and
       ``(v) if the total number of cases in a report is greater 
     than 2--

       ``(I) the number of cases that were settled; and
       ``(II) the total penalty or assessment amount recovered in 
     each case, including through a settlement or compromise; and

       ``(C) instances in which the reviewing official declined to 
     proceed on a case reported by an investigating official; 
     and''.
       (f) Increasing Efficiency of DOJ Processing.--Title 31, 
     United States Code, is amended--
       (1) in section 3803(j)--
       (A) by inserting ``(1)'' before ``The reviewing''; and
       (B) by adding at the end the following:
       ``(2) A reviewing official shall notify the Attorney 
     General in writing not later than 30 days before entering 
     into any agreement to compromise or settle allegations of 
     liability under section 3802 of this title and before the 
     date on which the reviewing official is permitted to refer 
     allegations of liability to a presiding officer under 
     subsection (b).''; and
       (2) in section 3812--
       (A) in the section heading, by striking ``Prohibition 
     against delegation'' and inserting ``Delegation authority''; 
     and
       (B) by striking ``, shall not be delegated to, or carried 
     out by,'' and inserting ``may be delegated to''.
       (g) Revision of Definition of Hearing Officials.--

[[Page S5777]]

       (1) In general.--Chapter 38 of title 31, United States 
     Code, is amended--
       (A) in section 3801(a)(7)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B)(vii), by adding ``or'' at the end; 
     and
       (iii) by adding at the end the following:
       ``(C) a member of the board of contract appeals pursuant to 
     section 7105 of title 41, if the authority does not employ an 
     available presiding officer under subparagraph (A);''; and
       (B) in section 3803(d)(2)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B)--

       (I) by striking ``the presiding'' and inserting ``(i) in 
     the case of a referral to a presiding officer described in 
     subparagraph (A) or (B) of section 3801(a)(7), the 
     presiding'';
       (II) in clause (i), as so designated, by adding ``or'' at 
     the end; and
       (III) by adding at the end the following:

       ``(ii) in the case of a referral to a presiding officer 
     described in subparagraph (C) of section 3801(a)(7)--
       ``(I) the reviewing official shall submit a copy of the 
     notice required by under paragraph (1) and of the response of 
     the person receiving such notice requesting a hearing--

       ``(aa) to the board of contract appeals that has 
     jurisdiction over matters arising from the agency of the 
     reviewing official pursuant to section 7105(e)(1) of title 
     41; or
       ``(bb) if the Chair of the board of contract appeals 
     declines to accept the referral, to any other board of 
     contract appeals; and

       ``(II) the reviewing official shall simultaneously mail, by 
     registered or certified mail, or shall deliver, notice to the 
     person alleged to be liable under section 3802 that the 
     referral has been made to an agency board of contract appeals 
     with an explanation as to where the person may obtain the 
     relevant rules of procedure promulgated by the board.''; and
       (iii) by adding at the end the following:
       ``(C) in the case of a hearing conducted by a presiding 
     officer described in subparagraph (C) of section 3801(a)(7)--
       ``(i) the presiding officer shall conduct the hearing 
     according to the rules and procedures promulgated by the 
     board of contract appeals; and
       ``(ii) the hearing shall not be subject to the provisions 
     in subsection (g)(2), (h), or (i).''.
       (2) Agency boards.--Section 7105(e) of title 41, United 
     States Code, is amended--
       (A) in paragraph (1), by adding at the end the following:
       ``(E) Administrative false claims act.--
       ``(i) In general.--The boards described in subparagraphs 
     (B), (C), and (D) shall have jurisdiction to hear any case 
     referred to a board of contract appeals under section 3803(d) 
     of title 31.
       ``(ii) Declining referral.--If the Chair of a board 
     described in subparagraph (B), (C), or (D) determines that 
     accepting a case under clause (i) would prevent adequate 
     consideration of other cases being handled by the board, the 
     Chair may decline to accept the referral.''; and
       (B) in paragraph (2), by inserting ``or, in the event that 
     a case is filed under chapter 38 of title 31, any relief that 
     would be available to a litigant under that chapter'' before 
     the period at the end.
       (3) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, each authority head, as defined in 
     section 3801 of title 31, United States Code, and each board 
     of contract appeals of a board described in subparagraphs 
     (B), (C), and (D) of section 7105(e) of title 41, United 
     States Code, shall amend procedures regarding proceedings as 
     necessary to implement the amendments made by this 
     subsection.
       (h) Revision of Limitations.--Section 3808 of title 31, 
     United States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) A notice to the person alleged to be liable with 
     respect to a claim or statement shall be mailed or delivered 
     in accordance with section 3803(d)(1) of this title not later 
     than the later of--
       ``(1) 6 years after the date on which the violation of 
     section 3802 of this title is committed; or
       ``(2) 3 years after the date on which facts material to the 
     action are known or reasonably should have been known by the 
     authority head, but in no event more than 10 years after the 
     date on which the violation is committed.''.
       (i) Definitions.--Section 3801 of title 31, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (8), by striking ``and'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(10) `material' has the meaning given the term in section 
     3729(b) of this title; and
       ``(11) `obligation' has the meaning given the term in 
     section 3729(b) of this title.''; and
       (2) by adding at the end the following:
       ``(d) For purposes of subsection (a)(10), materiality shall 
     be determined in the same manner as under section 3729 of 
     this title.''.
       (j) Promulgation of Regulations.--Not later than 180 days 
     after the date of enactment of this Act, each authority head, 
     as defined in section 3801 of title 31, United States Code, 
     shall--
       (1) promulgate regulations and procedures to carry out this 
     subtitle and the amendments made by this subtitle; and
       (2) review and update existing regulations and procedures 
     of the authority to ensure compliance with this subtitle and 
     the amendments made by this subtitle.
                                 ______
                                 
  SA 2436. 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 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--
       (A) amounts provided by the Department as financial 
     assistance or pursuant to a financial assistance agreement; 
     and
       (B) amounts provided by the Department to any employee of 
     the Department, including wages, benefits, and any other 
     compensation.
       (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 the Department or 
     an individual or entity employing the employee standby pay or 
     any other form of payment or compensation from Department 
     provided funds.
       (b) Reports.--
       (1) Annual report to the secretary.--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--
       (A) the name and location of the project;
       (B) the number of employees compensated for reportable 
     nonworking time;
       (C) the reason why each such employee was not working;
       (D) the quantity of reportable nonworking time for which 
     each such employee was compensated; and
       (E) the amount of Department provided funds expended to 
     compensate each such employee for reportable nonworking time.
       (2) Annual report to congress.--Not later than 90 days 
     after the last day of each fiscal year, the Secretary shall 
     submit to Congress a report describing--
       (A) the information submitted to the Secretary under 
     paragraph (1); and
       (B) all reportable nonworking time of the employees of the 
     Department during that fiscal year, including information 
     pertaining to--
       (i) each of the matters described in subparagraphs (B) 
     through (E) of paragraph (1); and
       (ii) if the reportable nonworking time is associated with a 
     project, the name and location of the project.
       (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 2437. Mr. COTTON 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 2092, strike line 18 and all that 
     follows through page 2093, line 10, and insert the following:
       (8) Covered populations.--The term ``covered 
     populations''--
       (A) means--
       (i) individuals who live in covered households;
       (ii) aging individuals;
       (iii) incarcerated individuals, other than individuals who 
     are incarcerated in a Federal correctional facility;
       (iv) veterans;
       (v) individuals with disabilities;
       (vi) individuals with a language barrier, including 
     individuals who--

       (I) are English learners; and
       (II) have low levels of literacy;

[[Page S5778]]

       (vii) individuals who are members of a racial or ethnic 
     minority group; and
       (viii) individuals who primarily reside in a rural area; 
     and
       (B) does not include aliens who are not lawfully present in 
     the United States.
                                 ______
                                 
  SA 2438. 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 1475, between lines 22 and 23, insert the 
     following:
       (D) conducting activities to demonstrate and scale up 
     existing technologies and methods for recycling critical 
     minerals at commercial scale, including materials used in 
     computer hard drives;
       On page 1475, line 23, strike ``(D)'' and insert ``(E)''.
       On page 1476, line 3, strike ``(E)'' and insert ``(F)''.
       On page 1476, line 7, strike ``(F)'' and insert ``(G)''.
       On page 1476, line 11, strike ``(G)'' and insert ``(H)''.
       On page 1476, line 14, strike ``(H)'' and insert ``(I)''.
                                 ______
                                 
  SA 2439. 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 40211(a) of division D, strike paragraphs (3) 
     through (6) and insert the following:
       (3) identifies areas in which the Department can 
     effectively utilize the technical expertise of the Department 
     to support the workforce activities of other Federal 
     agencies; and
       (4) develops plans to support and retrain displaced and 
     unemployed energy sector workers.
       In section 40211(b) of division D, strike paragraph (2) and 
     insert the following:
       (2) Requirement.--The Board shall include not more than 2 
     representatives of a labor organization with significant 
     energy experience, each of whom shall be nominated by a 
     national labor federation.
       In section 40211(b)(3) of division D, strike subparagraphs 
     (D) through (F) and insert the following:
       (D) energy workforce development or apprenticeship programs 
     of States or units of local government; or
       (E) relevant organized labor organizations.
       In section 40211(c)(1), strike subparagraph (C) and insert 
     the following:
       (C) identify ways in which the Department and National 
     Laboratories can--
       (i) increase outreach to institutions of higher education;
       (ii) increase outreach to displaced and unemployed energy 
     sector workers; and
       (iii) make resources available to provide training to 
     displaced and unemployed energy sector workers to reenter the 
     energy workforce; and
       In section 40211, strike subsection (e) and insert the 
     following:
       (e) Outreach to Veterans and Displaced and Unemployed 
     Energy Workers.--In developing the strategy under subsection 
     (a), the Board shall--
       (1) give special consideration to increasing outreach to 
     institutions of higher education, veterans, and displaced and 
     unemployed energy workers;
       (2) make resources available to--
       (A) institutions that serve veterans, with the objective of 
     increasing the number veterans in the energy industry by 
     ensuring that veterans have the credentials and training 
     necessary to secure careers in the energy industry; and
       (B) institutions that serve displaced and unemployed energy 
     workers to increase the number of individuals trained for 
     jobs in the energy industry;
       (3) encourage the energy industry to improve the 
     opportunities for students of higher education institutions, 
     veterans, and displaced and unemployed energy workers to 
     participate in internships, preapprenticeships, 
     apprenticeships, and cooperative work-study programs in the 
     energy industry; and
       (4) work with the National Laboratories to increase the 
     participation of students, veterans, and displaced and 
     unemployed energy workers in internships, fellowships, 
     training programs, and employment at the National 
     Laboratories.
                                 ______
                                 
  SA 2440. 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 II of division H.
                                 ______
                                 
  SA 2441. 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 90005.
                                 ______
                                 
  SA 2442. 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 title III of division B, 
     insert the following:

     SEC. 23___. EXEMPTIONS FOR COVERED FARM VEHICLES.

       Section 32934 of MAP-21 (49 U.S.C. 31136 note; Public Law 
     112-141) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(6) Any requirement relating to registration under 
     section 31134 of title 49, United States Code, including any 
     requirement relating to a USDOT number under that section.
       ``(7) Any requirement relating to registration under the 
     unified carrier registration agreement (as defined in section 
     14504a(a) of title 49, United States Code).'';
       (2) in subsection (b)--
       (A) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     appropriately;
       (B) in paragraph (2), by striking ``Paragraph (1)'' and 
     inserting ``Subparagraph (A)'';
       (C) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (D) by inserting before subparagraph (A) (as so designated) 
     the following:
       ``(1) Federal transportation funding.--''; and
       (E) by adding at the end the following:
       ``(2) IFTA requirements.--A covered farm vehicle and the 
     individual operating that covered farm vehicle shall be 
     exempt from any requirement relating to a license under the 
     International Fuel Tax Agreement (as defined in section 31701 
     of title 49, United States Code).''; and
       (3) in subsection (c)(1)(B), by striking ``26,001'' each 
     place it appears and inserting ``36,001''.
                                 ______
                                 
  SA 2443. Mr. CARDIN (for himself, Ms. Murkowski, Mr. Sullivan, and 
Ms. Hirono) 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___. SMALL BUSINESS CONTRACTING.

       (a) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``covered procurement'' means a procurement 
     that the Administrator determines--
       (A) is in a quantity or of an estimated dollar value which 
     makes the participation of a small business concern as a 
     prime contractor unlikely;
       (B) in the case of a procurement for construction, seeks to 
     bundle or consolidate discrete construction projects; or
       (C) is a solicitation that consolidates procurement 
     requirements for goods or services, 1 or more of which were 
     previously provided or performed by a small business concern 
     for any Federal agency, into a solicitation of offers for a 
     single contract, agreement, or order that is likely to be 
     unsuitable for award to a small business concern; and
       (3) the terms ``Federal agency'' and ``small business 
     concern'' have the meanings given

[[Page S5779]]

     those terms in section 3 of the Small Business Act (15 U.S.C. 
     632); and
       (4) the term ``procurement center representative'' means--
       (A) a procurement center representative as described in 
     section 15(l) of the Small Business Act (15 U.S.C. 644(l)); 
     or
       (B) if a procurement center representative described in 
     subparagraph (A) is not assigned to the procuring activity, 
     the Office of Government Contracting of the Administration 
     serving the area of the procuring activity.
       (b) Expanding Surety Bond Program.--Section 411(a)(1) of 
     the Small Business Investment Act of 1958 (15 U.S.C. 
     694b(a)(1)) is amended--
       (1) in subparagraph (A), by striking ``$6,500,000'' and 
     inserting ``$10,000,000''; and
       (2) by amending subparagraph (B) to read as follows:
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract entered 
     into by a Federal agency in an amount that does not exceed 
     $20,000,000.''.
       (c) Large and Small Prime Contract Opportunities.--
       (1) Notice to procurement center representatives.--Not 
     later than 30 days before issuing a solicitation for a 
     proposed covered procurement, and concurrent with other 
     processing steps required before issuing the solicitation, a 
     Federal agency shall provide to the procurement center 
     representative of the Federal agency the following:
       (A) A copy of the proposed covered procurement.
       (B) A statement explaining, as applicable to the proposed 
     covered procurement:
       (i) Why the proposed covered procurement cannot be divided 
     into smaller quantities, lots, or tasks to permit offers on 
     less than the total requirement.
       (ii) Why delivery schedules cannot be established on a 
     realistic basis that will encourage the participation of 
     small business concerns in a manner consistent with the 
     actual requirements of the Federal agency.
       (iii) Why the proposed covered procurement cannot be 
     offered to increase the likelihood of the participation of 
     small business concerns.
       (iv) In the case of a proposed covered procurement for 
     construction, why the proposed covered procurement cannot be 
     offered as separate, discrete projects.
       (v) Why the Federal agency has determined that 
     consolidating contract requirements is necessary and 
     justified.
       (2) Alternatives to increase prime contracting 
     opportunities for small business concerns.--Not later than 15 
     days after the date on which a procurement center 
     representative receives a statement described in paragraph 
     (1)(B) with respect to a proposed covered procurement, and if 
     the procurement center representative determines that the 
     proposed covered procurement will make the participation of 
     small business concerns as prime contractors unlikely, the 
     procurement center representative shall recommend to the 
     Federal agency 1 or more alternative procurement methods for 
     increasing prime contracting opportunities for small business 
     concerns.
       (3) Failure to agree on an alternative procurement 
     method.--
       (A) In general.--If a procurement center representative 
     proposes 1 or more alternative procurement methods to a 
     Federal agency under paragraph (2) and the procurement center 
     representative and the Federal agency are unable to agree on 
     an alternative procurement method, the Administrator shall 
     submit the matter to the head of the appropriate Federal 
     agency, who shall adopt the recommended alternative 
     procurement method proposed by the Administrator unless such 
     head issues a determination that the benefit of the proposed 
     covered procurement as compared to the alternative 
     procurement method exceeds the harm to small business 
     concerns.
       (B) Nondelegable.--The duties and authorities of the head 
     of a Federal agency under subparagraph (A) may not be 
     delegated.
       (d) Contract Cap Amounts and Sole Source Award Authority.--
       (1) Qualified hubzone small business concerns.--Section 
     31(c)(2)(A) of the Small Business Act (15 U.S.C. 
     657a(c)(2)(A)) is amended to read as follows:
       ``(A) Sole source contracts.--A contracting officer may 
     award a sole source contract under this section to any 
     qualified HUBZone small business concern if--
       ``(i) the qualified HUBZone small business concern is 
     determined to be a responsible contractor with respect to 
     performance of the contract opportunity;
       ``(ii) the contracting officer does not have a reasonable 
     expectation that 2 or more qualified HUBZone small business 
     concerns will submit offers for the contracting opportunity;
       ``(iii) the anticipated award price of the contract 
     (including options and options periods) will not exceed--

       ``(I) $10,000,000 in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(II) $8,000,000 in the case of any other contract 
     opportunity; and

       ``(iv) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''.
       (2) Small business concern owned and controlled by service-
     disabled veterans.--Section 36(c) of the Small Business Act 
     (15 U.S.C. 657f(c)) is amended to read as follows:
       ``(c) Sole Source Contracts.--A contracting officer may 
     award a sole source contract under this section to any small 
     business concern owned and controlled by service-disabled 
     veterans if--
       ``(1) the concern is determined to be a responsible 
     contractor with respect to performance of the contract 
     opportunity;
       ``(2) the contracting officer does not have a reasonable 
     expectation that 2 or more small business concerns owned and 
     controlled by service-disabled veterans will submit offers 
     for the contracting opportunity;
       ``(3) the anticipated award price of the contract 
     (including options and options periods) will not exceed--
       ``(A) $10,000,000, in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(B) $8,000,000, in the case of any other contract 
     opportunity; and
       ``(4) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''.
       (3) Certain small business concerns owned and controlled by 
     women.--Section 8(m) of the Small Business Act (15 U.S.C. 
     637(m)) is amended--
       (A) by amending paragraph (7) to read as follows:
       ``(7) Authority for sole source contracts for economically 
     disadvantaged small business concerns owned and controlled by 
     women.--A contracting officer may award a sole source 
     contract under this subsection to any small business concern 
     owned and controlled by women described in paragraph (2)(A) 
     and certified under paragraph (2)(E) if--
       ``(A) the concern is determined to be a responsible 
     contractor with respect to performance of the contract 
     opportunity;
       ``(B) the contracting officer does not have a reasonable 
     expectation that 2 or more small business concerns owned and 
     controlled by women described in paragraph (2)(A) will submit 
     offers for the contracting opportunity;
       ``(C) the anticipated award price of the contract 
     (including options and options periods) will not exceed--
       ``(i) $10,000,000, in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(ii) $8,000,000, in the case of all other contract 
     opportunities; and
       ``(D) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''; 
     and
       (B) by amending paragraph (8) to read as follows:
       ``(8) Authority for sole source contracts for small 
     business concerns owned and controlled by women in 
     substantially underrepresented industries.--A contracting 
     officer may award a sole source contract under this 
     subsection to any small business concern owned and controlled 
     by women certified under paragraph (2)(E) that is in an 
     industry in which small business concerns owned and 
     controlled by women are substantially underrepresented (as 
     determined by the Administrator under paragraph (3)) if--
       ``(A) the concern is determined to be a responsible 
     contractor with respect to performance of the contract 
     opportunity;
       ``(B) the contracting officer does not have a reasonable 
     expectation that 2 or more small business concerns owned and 
     controlled by women that are certified under paragraph (2)(E) 
     and are in an industry that has received a waiver under 
     paragraph (3) will submit offers for the contract 
     opportunity;
       ``(C) the anticipated award price of the contract 
     (including options and options periods) will not exceed--
       ``(i) $10,000,000, in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(ii) $8,000,000, in the case of any other contract 
     opportunity; and
       ``(D) in the estimation of the contracting officer, the 
     contract award can be made at a fair and reasonable price.''.
       (4) 8(a) contracts.--Section 8(a)(1)(D)(i) of the Small 
     Business Act (15 U.S.C. 637(a)(1)(D)(i)) is amended by 
     striking subclause (II) and inserting the following:
       ``(II) the anticipated award price of the contract 
     (including options and options periods) will exceed--
       ``(aa) $10,000,000 in the case of a contract opportunity 
     assigned a North American Industry Classification System code 
     for manufacturing; or
       ``(bb) $8,000,000 in the case of any other contract 
     opportunity.''.
       (e) Governmentwide Contracting Goals.--Section 15(g)(1)(A) 
     of the Small Business Act (15 U.S.C. 644(g)(1)(A)) is 
     amended--
       (1) in clause (i), by striking ``23 percent'' and inserting 
     ``25 percent'';
       (2) in clause (ii), by striking ``3 percent'' and inserting 
     ``5 percent'';
       (3) in clause (iii), by striking ``3 percent'' and 
     inserting ``4 percent'';
       (4) in clause (iv), by striking ``at not less than'' and 
     all that follows and inserting the following: ``at not less 
     than--

       ``(I) 11 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2022;
       ``(II) 12 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2023;

[[Page S5780]]

       ``(III) 13 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2024;
       ``(IV) 15 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2025 and each fiscal 
     year thereafter.''; and

       (5) in clause (v), by striking ``at not less than'' and all 
     that follows and inserting the following: ``at not less 
     than--

       ``(I) 6 percent of the total value of all prime contract 
     and subcontract awards for each of fiscal years 2022 and 
     2023; and
       ``(II) 7 percent of the total value of all prime contract 
     and subcontract awards for fiscal year 2024 and each fiscal 
     year thereafter.''.

       (f) Repeal of Bona Fide Office Rule.--
       (1) In general.--Section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)) is amended by striking paragraph (11).
       (2) Conforming amendments.--The Small Business Act (15 
     U.S.C. 631 et seq.) is amended--
       (A) in section 8(a) (15 U.S.C. 637(a))--
       (i) in paragraph (9)(B)(iv), by striking ``paragraph 
     (21)(B)'' and inserting ``paragraph (20)(B)''; and
       (ii) by redesignating paragraphs (12) through (21) as 
     paragraphs (11) through (20), respectively;
       (B) in section 15(h)(2)(E)(v) (15 U.S.C. 644(h)(2)(E)(v)), 
     in the matter preceding subclause (I), by striking ``section 
     8(a)(13)'' and inserting ``section 8(a)(12)''; and
       (C) in section 31(b)(2)(D)(i) (15 U.S.C. 657a(b)(2)(D)(i)), 
     by striking ``section 8(a)(15)'' and inserting ``section 
     8(a)(14)''.
       (g) 8(a) Waivers.--Section 8(a)(20) of the Small Business 
     Act (15 U.S.C. 637(a)(20)), as redesignated subsection (f)(2) 
     of this section, is amended--
       (1) in subparagraph (A), in the first sentence, by striking 
     ``subparagraph (B)'' and inserting ``subparagraphs (B) and 
     (F)'';
       (2) in subparagraph (B)--
       (A) by striking clause (iii); and
       (B) by redesignating clauses (iv) and (v) as clauses (iii) 
     and (iv), respectively;
       (3) by striking subparagraph (C) and inserting the 
     following:
       ``(C) The Administrator may waive the requirements of 
     subparagraph (A) if, in the case of clauses (i), (ii), and 
     (iii) of subparagraph (B), the Administrator is requested to 
     do so prior to the actual relinquishment of ownership or 
     control.''; and
       (4) by adding at the end the following:
       ``(F) If a contract or ownership and control of the concern 
     that initially received a contract awarded pursuant to this 
     subsection passes to another small business concern that is 
     an eligible Program Participant, the requirements of 
     subparagraph (A), including the termination described in the 
     second sentence of that subparagraph, shall not apply.''.
       (h) Interim Rules.--Not later than 90 days after the date 
     of enactment of this Act, the Administrator may issue rules, 
     including interim final rules, as necessary to carry out this 
     section and the amendments made by this section.
                                 ______
                                 
  SA 2444. Mrs. GILLIBRAND (for herself, Mr. Merkley, Mr. Durbin, Mr. 
Booker, Mr. Sanders, Mr. Padilla, Mr. Markey, Ms. Warren, 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 title I of division A, add the following:

  Subtitle F--Apprenticeship Utilization, Respectful Workplaces, and 
                     Mandatory Supportive Services

     SEC. 11601. APPRENTICESHIP UTILIZATION.

       (a) Definitions.--In this section:
       (1) Apprenticeship employment goal.--The term 
     ``apprenticeship employment goal'' means the utilization of 
     qualified apprentices for--
       (A) not less than 15 percent of the total labor hours used 
     for construction activities for a project; or
       (B) in any case where a higher qualified apprentice 
     utilization is locally stipulated by a labor agreement or 
     local requirement, the stipulated higher amount or 
     percentage.
       (2) Covered grant.--The term ``covered grant'' means a 
     grant under section 117 or 173 of title 23, United States 
     Code.
       (3) Qualified apprentice.--The term ``qualified 
     apprentice'' means an employee participating in a registered 
     apprenticeship program.
       (4) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     program that--
       (A) is registered with the Office of Apprenticeship of the 
     Employment Training Administration of the Department of Labor 
     or a State apprenticeship agency recognized by such Office of 
     Apprenticeship pursuant to the Act of August 16, 1937 
     (commonly known as the ``National Apprenticeship Act''; 50 
     Stat. 664, chapter 663; (29 U.S.C. 50 et seq.)); and
       (B) satisfies the requirements of subpart A of part 29 and 
     part 30 of title 29, Code of Federal Regulations or any 
     successor regulations.
       (b) Requirement.--
       (1) Certification requirement.--To be eligible to receive a 
     covered grant, each applicant shall include in a grant 
     application a certification that the applicant will ensure 
     that any contractor or subcontractor utilized in carrying out 
     activities with the covered grant--
       (A) meets or exceeds the apprenticeship employment goal;
       (B) to the extent practicable, employs qualified 
     apprentices from traditionally underrepresented populations 
     in meeting or exceeding the apprenticeship employment goal; 
     and
       (C) notwithstanding any local-hire goals that apply, makes 
     best efforts to meet project-wide, annually updated 
     participation goals set by the applicant for the percentage 
     of total work-hours that are performed at apprentice-level 
     and journey-level by historically underrepresented 
     populations; and
       (D) tracks ongoing progress toward the participation goals 
     described in subparagraphs (A) and (C).
       (2) Exceptions.--The Secretary may adjust the requirements 
     under paragraph (1) for an applicant for a covered grant if 
     the applicant provides documentary evidence that--
       (A) demonstrates a lack of availability of qualified 
     apprentices in a specific geographic area; and
       (B) makes a good faith effort to comply with the 
     requirements.
       (c) Regulations.--The Secretary, in collaboration with the 
     Secretary of Labor, as appropriate, may issue such 
     regulations or other guidance, forms, instructions, and 
     publications as may be necessary or appropriate to carry out 
     the requirements and oversight of this section, including--
       (1) penalties for noncompliance with the requirement of 
     subsection (b)(1)(A);
       (2) reporting requirements for recipients of covered 
     grants; and
       (3) guidance on--
       (A) setting participation goals under subsection (b)(1)(C) 
     that take into account the proportion of individuals in each 
     population in the relevant recruitment area that are 
     qualified for the apprenticeship or trade; and
       (B) ensuring that the participation goals under subsection 
     (b)(1)(C) do not supersede any higher goals otherwise 
     required by law, contract, or policy.
       (d) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the use of qualified 
     apprentices for projects carried out with covered grants that 
     includes--
       (1) the total number of labor hours fulfilled by qualified 
     apprentices and historically underrepresented populations;
       (2) the total number of qualified apprentices and 
     historically underrepresented populations employed;
       (3) the total number of covered grant recipients that met 
     or exceeded the apprenticeship employment goal and the goals 
     for the percentage of total workhours performed by 
     historically underrepresented populations under subsection 
     (b)(1)(C);
       (4) best practices used by covered grant recipients that 
     met or exceeded the apprenticeship employment goal and the 
     goals for the percentage of total workhours performed by 
     historically underrepresented populations under subsection 
     (b)(1)(C); and
       (5) a summary of agency oversight of the fulfillment of 
     certification terms under this section by covered grant 
     recipients.
       (e) Public Transparency.--
       (1) In general.--At the end of each fiscal year, the 
     Secretary shall make available on a public website 
     information on the use of qualified apprentices in the 
     preceding fiscal year for each covered grant program, 
     including--
       (A) the total number of covered grant applicants that 
     certified that the covered grant applicant would be able to 
     meet or exceed the apprenticeship employment goal under 
     subsection (b);
       (B) the total number of covered grants provided for 
     applicants described in subparagraph (A); and
       (C) for each covered grant provided, data on the progress 
     of the grant recipient toward meeting the requirement under 
     subsection (b)(1)(A) and achieving participation goals under 
     subsection (b)(1).
       (2) Progress data.--The Secretary shall make the 
     information described in paragraph (1)(C) available on a 
     public website on a monthly basis.

     SEC. 11602. RESPECTFUL WORKPLACES.

       (a) In General.--Notwithstanding any other provision of 
     law, a contractor or subcontractor used in carrying out a 
     project or activity that receives funds under section 117 or 
     173 of title 23, United States Code, shall--
       (1) make best efforts to institute respectful workplace 
     policies; and
       (2) provide effective, ongoing workplace training to create 
     safe, respectful work sites that are free from bullying, 
     hazing, discrimination, or harassment.
       (b) Coordination.--The Secretary shall coordinate as 
     necessary with the Secretary of Labor to promote that 
     contractors and subcontractors described in subsection (a) 
     comply with that subsection.

[[Page S5781]]

  


     SEC. 11603. MANDATORY SUPPORTIVE SERVICES.

       Section 140 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(e) Mandatory Supportive Services.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible individual.--
       ``(i) In general.--The term `eligible individual' means an 
     individual described in clause (ii) that--

       ``(I) is participating in a project under this title; and
       ``(II) can demonstrate a need for supportive services, as 
     determined by the State department of transportation.

       ``(ii) Individuals described.--An individual referred to in 
     clause (i) is--

       ``(I) a participant in a pre-apprenticeship or 
     apprenticeship-readiness program;
       ``(II) an apprentice; or
       ``(III) a worker in a construction trade on a project under 
     this title.

       ``(B) Supportive service.--The term `supportive service' 
     means--
       ``(i) a pre-apprenticeship or apprenticeship-readiness 
     program that has a written agreement with one or more 
     registered apprenticeship programs (as defined in section 
     11601 of the Infrastructure Investment and Jobs Act);
       ``(ii) transportation;
       ``(iii) child care and dependent care;
       ``(iv) housing;
       ``(v) food and nutrition services;
       ``(vi) health and mental health care support, including 
     substance use disorder treatment;
       ``(vii) access to the internet;
       ``(viii) needs-related payments;
       ``(ix) tools;
       ``(x) workwear;
       ``(xi) retention services (including support groups, 
     mentoring, or peer networking); and
       ``(xii) support to pay the costs of application fees and 
     other costs of entering registered apprenticeship programs 
     (as defined in section 11601 of the Infrastructure Investment 
     and Jobs Act) and required pre-employment training.
       ``(2) Authorization.--The Secretary, in cooperation with 
     the Secretary of Labor and any other Federal agency, State 
     agency, authority, association, institution, Indian Tribe or 
     Tribal organization, for-profit or nonprofit corporation, and 
     any other organization or person, shall establish and carry 
     out a program to provide supportive services to eligible 
     individuals in order to increase State-wide capacity to 
     provide opportunities for underrepresented groups to work in 
     infrastructure project construction jobs, with a special 
     emphasis on maximizing opportunities for women, people of 
     color, and individuals with barriers to employment.
       ``(3) State obligation.--For fiscal year 2023 and each 
     fiscal year thereafter, a State shall obligate not less than 
     \1/2\ of 1 percent of the amounts apportioned to the State 
     under section 104(b) for supportive services for eligible 
     individuals.
       ``(4) Nonapplicability of title 41.--Section 6101 of title 
     41 shall not apply to contracts and agreements made under the 
     authority granted to the Secretary under this subsection.''.
                                 ______
                                 
  SA 2445. 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 division I, add the following:

     SEC. 90009. PROHIBITION ON RECONCILIATION.

       On and after the date of enactment of this Act, in the 
     Senate and the House of Representatives, it shall not be in 
     order to consider a bill or joint resolution reported 
     pursuant to reconciliation instructions included pursuant to 
     section 310 of the Congressional Budget Act of 1974 (2 U.S.C. 
     641) in a concurrent resolution on the budget for fiscal year 
     2022.
                                 ______
                                 
  SA 2446. 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:

        On page 202, strike line 5 and insert the following:
       (2) in subsection (l)--
       (A) by striking paragraph (2);
       (B) by striking the subsection designation and all that 
     follows through ``In determining'' in paragraph (1) in the 
     matter preceding subparagraph (A) and inserting the 
     following:
       ``(l) Accommodating Utility Facilities in the Right-of-
     way.--
       ``(1) Definitions.--In this subsection:
       ``(A) Right-of-way.--The term `right-of-way' means any real 
     property, or interest therein, acquired, dedicated, or 
     reserved for the construction, operation, and maintenance of 
     a highway.
       ``(B) Utility facility.--
       ``(i) In general.--The term `utility facility' means any 
     privately, publicly, or cooperatively owned line, facility, 
     or system for producing, transmitting, or distributing 
     communications, power, electricity, light, heat, gas, oil, 
     crude products, water, steam, waste, storm water not 
     connected with highway drainage, or any other similar 
     commodity, including any fire or police signal system or 
     street lighting system, that directly or indirectly serves 
     the public.
       ``(ii) Inclusions.--The term `utility facility' includes--

       ``(I) alternative fueling infrastructure;
       ``(II) a renewable energy generation facility;
       ``(III) electrical transmission and distribution 
     infrastructure; and
       ``(IV) broadband infrastructure and conduit.

       ``(2) Accommodation.--In determining''; and
       (C) by adding at the end the following:
       ``(3) State approval.--A State, on behalf of the Secretary, 
     may approve accommodating a utility facility described in 
     paragraph (1)(B)(ii) within a right-of-way on a Federal-aid 
     highway.'';
       (3) in subsection (o)--
       On page 202, line 23, strike ``(3)'' and insert ``(4)''.
       On page 203, strike line 17 and insert the following:

     the project is located on a Federal-aid highway.
       ``(t) Vegetation Management.--Notwithstanding any other 
     provision of law, States are encouraged to implement, or to 
     enter into partnerships to implement, vegetation management 
     practices, such as increased mowing heights and planting 
     native grasses and pollinator-friendly habitats, along a 
     right-of-way on a Federal-aid highway, if the implementation 
     of those practices--
       ``(1) is in the public interest; and
       ``(2) will not impair the highway or interfere with the 
     free and safe flow of traffic.''.
                                 ______
                                 
  SA 2447. Mr. CARPER (for himself, Mr. Inhofe, Mr. Wicker, and Ms. 
Duckworth) 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 2486, line 14, strike ``Provided'' and all that 
     follows through ``proviso:'' on line 21 and insert the 
     following: ``Provided further, That of the amount provided 
     under this heading in this Act, $2,500,000,000 shall be for 
     construction, replacement, rehabilitation, and expansion of 
     inland waterways projects: Provided further, That section 
     102(a) of the Water Resources Development Act of 1986 (Public 
     Law 99-662; 33 U.S.C. 2212(a)) and section 109 of the Water 
     Resources Development Act of 2020 (Public Law 116-260; 134 
     Stat. 2624) shall not apply to the extent that such projects 
     are carried out using funds provided in the preceding 
     proviso: Provided further, That in using such funds referred 
     to in the preceding proviso, the Secretary shall give 
     priority to projects included in the Capital Investment 
     Strategy of the Corps of Engineers:''.
       On page 2487, lines 9 through 11, strike ``or section 1135 
     of the Water Resources Development Act of 1986 (Public Law 
     99-662; 33 U.S.C. 2309a),'' and insert ``section 1135 of the 
     Water Resources Development Act of 1986 (Public Law 99-662; 
     33 U.S.C. 2309a), or section 165(a) of division AA of the 
     Consolidated Appropriations Act, 2021 (Public Law 116-
     260),''.
       On page 2489, line 3, insert ``Provided further, That the 
     amounts provided in the preceding proviso do not limit the 
     Secretary of the Army, acting through the Chief of Engineers, 
     from allotting additional funds from the amounts provided 
     under this title in this Act for additional shore protection 
     projects:'' after ``2024:''.
       On page 2489, line 9, insert ``Provided further, That in 
     selecting projects under the previous proviso, the Secretary 
     of the Army shall prioritize projects with overriding life-
     safety benefits: Provided further, That of the funds in the 
     proviso preceding the preceding proviso, the Secretary of the 
     Army shall, to the maximum extent practicable, prioritize 
     projects in the work plan that directly benefit economically 
     disadvantaged communities, and may take into consideration 
     prioritizing projects that benefit areas in which the 
     percentage of people that live in poverty or identify as 
     belonging to a minority group is greater than the average 
     such percentage in the United States, based on data from the 
     Bureau of the Census:'' after ``purpose:''.
       On page 2496, between lines 2 and 3, insert the following:

                 general provisions--corps of engineers

       Sec. 300.  For projects that are carried out with funds 
     under this heading, the Secretary of the Army and the 
     Director of the Office of Management and Budget shall 
     consider other factors in addition to the benefit-cost ratio

[[Page S5782]]

     when determining the economic benefits of projects that 
     benefit disadvantaged communities.
                                 ______
                                 
  SA 2448. 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:

        On page 2153, line 6, insert ``satellites,'' after 
     ``fiber,''.
                                 ______
                                 
  SA 2449. 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:

        Beginning on page 1799, strike line 13 and all that 
     follows through page 1800, line 10, and insert the following:
       (15) $300,000,000 shall be made available for post-fire 
     restoration activities that are implemented not later than 3 
     years after the date that a wildland fire is contained, of 
     which--
       (A) $125,000,000 shall be made available to the Secretary 
     of the Interior; and
       (B) $175,000,000 shall be made available to the Secretary 
     of Agriculture;
       On page 1800, line 11, strike ``(17)'' and insert ``(16)''.
       On page 1800, line 17, strike ``(18)'' and insert ``(17)''.
       On page 1816, strike lines 1 through 12 and insert the 
     following:
       (2) $300,000,000 shall be made available to provide to 
     States and Indian Tribes for implementing restoration 
     projects on Federal land pursuant to good neighbor agreements 
     entered into under section 8206 of the Agricultural Act of 
     2014 (16 U.S.C. 2113a) or agreements entered into under 
     section 2(b) of the Tribal Forest Protection Act of 2004 (25 
     U.S.C. 3115a(b)), of which--
       (A) $60,000,000 shall be made available to the Secretary of 
     the Interior; and
       (B) $240,000,000 shall be made available to the Secretary 
     of Agriculture;
       On page 2568, line 12, strike ``$905,000,000'' and insert 
     ``$925,000,000''.
       On page 2568, line 15, strike ``$337,000,000'' and insert 
     ``$341,000,000''.
       On page 2568, line 17, strike ``$142,000,000'' and insert 
     ``$146,000,000''.
       On page 2568, line 18, strike ``$142,000,000'' and insert 
     ``$146,000,000''.
       On page 2568, line 20, strike ``$142,000,000'' and insert 
     ``$146,000,000''.
       On page 2568, line 22, strike ``$142,000,000'' and insert 
     ``$146,000,000''.
       On page 2570, line 19, strike ``$1,055,000,000'' and insert 
     ``$980,000,000''.
       On page 2570, line 23, strike ``$327,000,000'' and insert 
     ``$312,000,000''.
       On page 2570, line 25, strike ``$182,000,000'' and insert 
     ``$167,000,000''.
       On page 2608, line 17, strike ``$2,115,000,000'' and insert 
     ``$2,095,000,000''.
       On page 2608, line 21, strike ``$587,000,000'' and insert 
     ``$583,000,000''.
       On page 2608, line 23, strike ``$382,000,000'' and insert 
     ``$378,000,000''.
       On page 2613, line 18, strike ``$696,200,000'' and insert 
     ``$771,200,000''.
       On page 2613, line 23, strike ``$552,200,000'' and insert 
     ``$567,200,000''.
       On page 2613, line 24, strike ``$36,000,000'' and insert 
     ``$51,000,000''.
       On page 2614, line 1, strike $36,000,000 and insert 
     ``$51,000,000''.
       On page 2614, line 3, strike ``$36,000,000'' and insert 
     ``$51,000,000''.
       On page 2614, line 4, strike ``$36,000,000'' and insert 
     ``$51,000,000''.
                                 ______
                                 
  SA 2450. Mr. BARRASSO (for himself, Mr. Tester, Mr. Daines, Mr. 
Thune, 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 end of subtitle B of title I of division A, add the 
     following:

     SEC. 112__. EXEMPTIONS FOR LOW POPULATION DENSITY STATES.

       Section 150 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(f) Exemptions for Low Population Density States.--
       ``(1) In general.--The Secretary shall grant, on the 
     election of and in consultation with a State, an exemption 
     from 1 or more of the requirements described in paragraph 
     (2)(A) if the State--
       ``(A) is on the list of eligible States under paragraph (5) 
     for the applicable performance period; and
       ``(B) provides a written notice of the election that 
     includes an explanation under paragraph (4)(A).
       ``(2) Requirements described.--
       ``(A) State requirements.--The requirements from which a 
     State described in paragraph (1) may elect an exemption are--
       ``(i) requirements established under subclauses (IV) and 
     (V) of subsection (c)(3)(A)(ii);
       ``(ii) requirements established under subsection (c)(5)(A);
       ``(iii) requirements established under subsection (c)(6); 
     and
       ``(iv) targeting, data, reporting, or administrative 
     requirements established under subsections (d) and (e) that 
     are related to a requirement described in clause (i), (ii), 
     or (iii) from which the State elects to receive an exemption.
       ``(B) Metropolitan planning organization requirements.--A 
     metropolitan planning organization with a metropolitan 
     planning area that is located entirely within a State that is 
     exempt shall be exempt from the requirements under section 
     134(h)(2)(B) that relate to each measure described in 
     subparagraph (A) from which the State of the metropolitan 
     planning organization is exempt.
       ``(3) Term.--An exemption applied under paragraph (1) --
       ``(A) shall be in effect until the date that is 4 years 
     after the date on which the performance period promulgated by 
     the Secretary under subsection (d) in effect at the time the 
     exemption is applied ends; and
       ``(B) may be renewed by the State for an additional 4-year 
     term at the end of each performance period if, in accordance 
     with paragraph (4)--
       ``(i) the State submits another written explanation; and
       ``(ii) the State continues to be included on the list of 
     eligible States under paragraph (5).
       ``(4) Notification of election of exemption.--
       ``(A) In general.--To be eligible to make an election under 
     paragraph (1), not later than September 1 of the calendar 
     year preceding the calendar year in which the next 
     performance period promulgated by the Secretary under 
     subsection (d) begins, a State described in that paragraph--
       ``(i) shall submit to the Secretary--

       ``(I) identification of the 1 or more requirements 
     described in paragraph (2)(A) for which an exemption is 
     elected; and
       ``(II) a written notice that includes an explanation 
     advising the Secretary that the State is not experiencing 
     significant performance issues on the surface transportation 
     system of the State with respect to each requirement referred 
     to in subclause (I); and

       ``(ii) may submit to the Secretary any other information or 
     material that the State chooses to include in the notice.
       ``(B) Special rule.--Notwithstanding the deadline described 
     in subparagraph (A), a State described in paragraph (1) may 
     submit a notice under subparagraph (A) at any time before 
     September 1, 2022.
       ``(5) Eligible states.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of this subsection and thereafter, on each 
     September 1 of the calendar year 2 years prior to the 
     calendar year in which the next performance period 
     promulgated by the Secretary under subsection (d) begins, the 
     Secretary shall publish a list of States that may elect to 
     receive an exemption from a requirement described in 
     paragraph (2)(A).
       ``(B) Inclusions.--The Secretary shall include on the list 
     under subparagraph (A)--
       ``(i) any State that--

       ``(I) has a population per square mile of area that is less 
     than the population per square mile of area of the United 
     States, based on the latest available Bureau of the Census 
     data at the time the Secretary publishes the list;
       ``(II) does not include an urbanized area with a population 
     of over 200,000 within the State; and
       ``(III) has no repeated delays or other persistent 
     impediments to travel reliability on the portions of the 
     National Highway System in the State that the Secretary 
     determines to be excessive; and

       ``(ii) based on the latest available Bureau of the Census 
     data at the time the Secretary publishes the list, any State 
     that--

       ``(I) has a population density of less than 15 persons per 
     square mile of area; and
       ``(II) does not include an urbanized area with a population 
     of over 200,000.

       ``(6) National reporting.--
       ``(A) Eligible states.--For each State included on the list 
     of eligible States under paragraph (5), 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 on 
     the status of traffic congestion, travel reliability, truck 
     travel reliability, and any other relevant performance 
     metrics on the portions of the National Highway System in the 
     State, including any delays or impediments that the Secretary 
     determines to be excessive.

[[Page S5783]]

       ``(B) Exempt states.--For each eligible State under 
     paragraph (5) that elects to receive an exemption under 
     paragraph (1), the Secretary shall--
       ``(i) 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 on 
     the results of performance measures for all exemptions 
     applied to that State under this subsection; and
       ``(ii) make publicly available as part of the State 
     performance dashboard on the Department of Transportation 
     website information on the performance of the State with 
     respect to any requirements from which the State is 
     exempt.''.
                                 ______
                                 
  SA 2451. Mr. MORAN (for himself, Mrs. Murray, and Mr. Inhofe) 
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. ___. ANNUITY SUPPLEMENT.

       Section 8421a(c) of title 5, United States Code, is 
     amended--
       (1) by striking ``as an air traffic'' and inserting the 
     following: ``as an--
       ``(1) air traffic'';
       (2) in paragraph (1), as so designated, by striking the 
     period at the end and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(2) air traffic controller pursuant to a contract made 
     with the Secretary of Transportation under section 47124 of 
     title 49.''.
                                 ______
                                 
  SA 2452. Mr. JOHNSON (for himself, Ms. Baldwin, 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 end of subtitle A of title I of division A, insert 
     the following:

     SEC. 111___. STOP MOTORCYCLE CHECKPOINT FUNDING.

       Section 4007 of the FAST Act (23 U.S.C. 153 note; Public 
     Law 114-94) is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) otherwise to profile or stop any motorcycle operator 
     or motorcycle passenger using as a factor the clothing or 
     mode of transportation of the operator or passengers.''.
                                 ______
                                 
  SA 2453. 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:

        In section 40121(b)(1) of subtitle B of title I of 
     division D, in the matter preceding subparagraph (A), insert 
     ``to develop and organize, based on the recommendations of 
     the National Infrastructure Advisory Council and the 
     Cyberspace Solarium Commission, a pilot Critical 
     Infrastructure Command Center or Joint Collaboration 
     Environment to facilitate and enable public-private 
     partnerships to carry out relevant functions, including'' 
     after ``carry out a program''.
                                 ______
                                 
  SA 2454. 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 end of section 30005 in division C, add the 
     following:
       (c) Federal Share Adjustments.--
       (1) In general.--In addition to amounts made available 
     under section 5338 of title 49, United States Code, there are 
     authorized to be appropriated for fiscal year 2022 such sums 
     as are necessary to increase the Federal share, at the 
     request of a project sponsor, of a new fixed guideway capital 
     project, a core capacity improvement project, or a small 
     start project (as those terms are defined in section 5309(a) 
     of that title) that--
       (A) is not open to revenue service; and
       (B) has received an allocation of funding in any of fiscal 
     years 2019, 2020, and 2021.
       (2) Criteria.--In allocating amounts made available under 
     paragraph (1) to projects described in that subsection, the 
     Secretary of Transportation shall take into consideration the 
     extent to which a project sponsor demonstrates a need for a 
     higher Federal share, including the extent to which--
       (A) the project sponsor made a local financial commitment 
     that exceeded 20 percent of the cost of the project; and
       (B) the project sponsor has experienced, as a result of the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19, a loss of revenue that would otherwise 
     be used by the project sponsor to provide the non-Federal 
     share for the project.
       (3) Adjustment.--Notwithstanding any other provision of 
     law, if the project sponsor of a project described in 
     subsection (a) meets 1 or both of the criteria described in 
     subsection (b), the Secretary of Transportation shall 
     increase the Federal share of the project by not more than 30 
     percent, up to a maximum of Federal share of 80 percent.
       (4) Amount.--Amounts made available under this section 
     shall be provided to a project described in subsection (a) 
     notwithstanding the limitation of any calculation of the 
     maximum amount of Federal financial assistance that may be 
     provided to that project.
                                 ______
                                 
  SA 2455. 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:

       On page 2699, between lines 19 and 20, insert the 
     following:
       Sec. 804. (a) FAA Outreach to Community and Elected 
     Officials When Proposing New or Modified Flight Procedures.--
     In order to avoid having to subsequently modify products and 
     services developed as a part of the NextGen Performance Based 
     Navigation (PBN) Implementation Process--FAA Order 
     JO7100.41A, the Administrator of the Federal Aviation 
     Administration shall comply with the requirements of this 
     section.
       (b) Notification to Officials.--The Administrator shall 
     notify the public of any proposed new PBN flight procedure or 
     flight procedure change affecting airspace at altitudes below 
     18,000 feet. This notification shall be made not later than 
     30 days after the date of the entry of the procedure into the 
     FAA Performance Based Navigation IFP Gateway to the elected 
     governing body of each of the cities and counties within 5 
     miles of such a proposed new or modified flight procedure, to 
     any Member of Congress whose district is within 5 miles of 
     such a proposed new or modified flight procedure, and to any 
     Aviation Roundtable whose jurisdictional area is within 5 
     miles of such a proposed new or modified flight procedure.
       (c) Notification Contents.--Notification shall be made with 
     sufficient specificity for an official to determine if such 
     new or modified flight procedure being processed is likely to 
     affect constituents of such official and shall include--
       (1) name of flight procedure;
       (2) name of the proponent of the flight procedure;
       (3) whether the flight procedure is a new or modified 
     procedure and, if modified, the changes being proposed;
       (4) name of existing procedure if the procedure 
     substantially replaces an existing procedure;
       (5) approximate flight path including latitude and 
     longitude of the proposed procedure overlaid on a satellite 
     map such as Google Earth or similar;
       (6) approximate altitudes of proposed flight path; and
       (7) contact person to provide additional information.
       (d) Definitions.--In this section, the following 
     definitions apply:
       (1) Aviation roundtable.--The term ``Aviation Roundtable'' 
     means an organization designed to address community concerns 
     over a sustained period of time regarding aircraft operations 
     often associated with a nearby airport.
       (2) FAA order jo7100.41a.--The term ``FAA Order 
     JO7100.41A'' means FAA Order JO7100.41A and any other 
     successor versions of such Order.
       (3) Flight procedure.--The term ``flight procedure'' means 
     a preplanned Instrument Flight Rules (IFR) procedure 
     published for pilot use, in graphic or textual format, that 
     provides obstruction clearance from the terminal area to the 
     en route structure (departure) or from the en route structure 
     to the terminal area (arrival).
       (4) IFP.--The term ``IFP'' means instrument flight 
     procedure.

[[Page S5784]]

       (5) Instrument flight procedures gateway.--The term 
     ``Instrument Flight Procedures Gateway'' means a centralized 
     instrument flight procedures data portal providing, among 
     others, current IFPs under Development or Amendments with 
     Tentative Publication Date and Status.
       (6) Elected governing body.--The term ``elected governing 
     body'' means a municipal body having legislative and 
     administrative powers, such as passing ordinances and 
     appropriating funds, such as a City Council, Town Council, 
     County Board of Supervisors, or similar.
       (7) PBN.--The term ``PBN'' means performance based 
     navigation.
                                 ______
                                 
  SA 2456. 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:

        On page 2656, line 7, insert ``Provided further, That 
     notwithstanding section 111(a) or (b) of title 23, United 
     States Code, or the fee limitations in sections 137 or 142 of 
     such title, the Secretary shall permit limited commercial 
     activities for charging of electric vehicles on rights-of-way 
     of any Federal-aid highway, including highways on the 
     Interstate System, including in: (1) a rest area; or (2) a 
     fringe or corridor parking facility, including a park and 
     ride facility: Provided further, That, for purposes of this 
     paragraph in this Act, limited commercial activities for 
     charging of electric vehicles at rest areas described in the 
     preceding proviso may be located as follows: (1) except as 
     otherwise provided in this proviso, a State may permit such 
     limited commercial activity unless it is located within 5 
     travel miles of an existing facility that is located no more 
     than 1 mile from the Interstate and that, as determined by 
     the Secretary, provides substantially the same services to 
     the public in sufficient capacity at the time such 
     determination is made; (2) if a State demonstrates to the 
     Secretary that there is insufficient capacity providing 
     substantially the same services to the public at an existing 
     facility located no more than 1 mile from the Interstate and 
     within 5 travel miles of a rest area, the Secretary may 
     authorize the State to permit limited commercial activities 
     for charging of electric vehicles within any distance of the 
     existing facility; and (3) for purposes of this proviso, the 
     type and amount of the electric vehicle service provided, 
     including whether available technology meets current and 
     projected needs, are relevant to a demonstration of 
     sufficient capacity: Provided further, That nothing in the 
     preceding two provisos shall permit commercial activities on 
     rights-of-way of the Interstate System, except as necessary 
     for the charging of electric vehicles in accordance with this 
     paragraph in this Act:'' after ``proviso:''.
                                 ______
                                 
  SA 2457. 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:

       In section 40101(a)(2) of division D, strike subparagraphs 
     (F) and (G) and insert the following:
       (F) a fuel supplier;
       (G) a community choice aggregator; and
       (H) any other relevant entity, as determined by the 
     Secretary.
                                 ______
                                 
  SA 2458. Mr. LUJAN (for himself and Mr. Heinrich) 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 2520, line 5, insert ``Provided further, That 
     $31,500,000 of the amounts made available under this heading 
     shall be used for highway improvements on the routes to and 
     from the Waste Isolation Pilot Plant, including to make 
     payments to the State of New Mexico for such improvements 
     pursuant to section 15 of the Waste Isolation Pilot Plant 
     Land Withdrawal Act (Public Law 102-579; 106 Stat. 4791):'' 
     after ``fiscal year:''.
                                 ______
                                 
  SA 2459. Mr. LUJAN (for himself and Mr. Heinrich) 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__. NATIONAL LABORATORY BIOTECHNOLOGY PROGRAM.

       (a) Definitions.--In this section:
       (1) EERE.--The term ``EERE'' means the Office of Energy 
     Efficiency and Renewable Energy of the Department.
       (2) NNSA.--The term ``NNSA'' means the National Nuclear 
     Security Administration.
       (3) Office of intelligence and counterintelligence.--The 
     term ``Office of Intelligence and Counterintelligence'' means 
     the Office of Intelligence and Counterintelligence of the 
     Department.
       (4) Office of science.--The term ``Office of Science'' 
     means the Office of Science of the Department.
       (5) Program.--The term ``Program'' means the National 
     Laboratory Biotechnology Program established under subsection 
     (b)(1).
       (6) Working group.--The term ``working group'' means the 
     working group established under subsection (b)(2).
       (b) National Laboratory Biotechnology Program.--
       (1) In general.--The Secretary shall establish a National 
     Laboratory Biotechnology Program to integrate the resources 
     of the Department, including the Office of Science, the 
     Office of Intelligence and Counterintelligence, the EERE, and 
     the NNSA, to provide research, development, test and 
     evaluation, and response capabilities to respond to--
       (A) biological disasters and emergencies;
       (B) long-term biotechnology threats and hazards impacting 
     national security;
       (C) emerging and re-emerging diseases; and
       (D) any remaining threats posed by COVID-19.
       (2) Working group.--To carry out the Program, the Secretary 
     shall establish a working group, which shall comprise 
     appropriate leadership from the Office of Science, the NNSA, 
     and the National Laboratories.
       (3) Functions.--The working group shall--
       (A) oversee the development and operation of major research 
     activities of the Program;
       (B) identify Department programs and elements that will 
     participate in the research and development activities of the 
     Program;
       (C) establish a formal process to engage the capabilities 
     of the National Laboratories, including identifying a 
     National Laboratory to be a coordinator for each research 
     project carried out under the Program;
       (D) collaborate with the directors of research directorates 
     of the Department, directors of National Laboratories, and 
     other senior Department officials, as appropriate, to gain 
     greater access to top researchers and new and potentially 
     transformative ideas;
       (E) periodically review and recommend updates as necessary 
     to Program policies and guidelines for the development and 
     operation of major research activities, including by taking 
     into consideration how those updates fit into the broader 
     Federal response framework;
       (F)(i) disperse funds to entities participating in 
     activities under the Program; and
       (ii) conduct periodic reviews to adjust funding allocations 
     in response to changing biological disasters and emergencies, 
     biotechnology threats, biodefense needs, or emerging and re-
     emerging diseases;
       (G) enable access to broad scientific and technical 
     expertise and resources that will lead to the deployment of 
     innovative products, including through--
       (i) research and development, including proof of concept, 
     technical development, and compliance testing activities; and
       (ii) early-stage product development, including through--

       (I) computational modeling and simulation;
       (II) molecular structural determination;
       (III) genomic sciences;
       (IV) epidemiological and logistics support;
       (V) knowledge discovery infrastructure and scalable 
     protected data;
       (VI) advanced manufacturing to address supply chain 
     bottlenecks;
       (VII) new capabilities for testing of clinical and 
     nonclinical samples;
       (VIII) understanding environmental fate and transport of 
     viruses; and
       (IX) discovery of potential therapeutics through 
     computation and molecular structure determination;

       (H) support unclassified and classified research that 
     harnesses the capabilities of the National Laboratories to 
     address advanced biological threats of national security 
     significance through assessments and research and development 
     programs that--
       (i) support the near- and long-term biodefense needs of the 
     United States;
       (ii) support the national security community in reducing 
     uncertainty and risk;
       (iii) enable greater access to top researchers and new and 
     potentially transformative ideas for biodefense of human, 
     animal, plant, environment, and infrastructure assets 
     (including physical, cyber, and economic infrastructure); and
       (iv) enable access to broad scientific and technical 
     expertise and resources that will

[[Page S5785]]

     lead to the development and deployment of innovative 
     biodefense assessments and solutions, including through--

       (I) the accessing, monitoring, and evaluation of biological 
     threats to reduce risk, including through analysis and 
     prioritization of gaps and vulnerabilities across open-source 
     and classified data;
       (II) development of scientific and technical roadmaps--

       (aa) to address gaps and vulnerabilities;
       (bb) to inform analyses of technologies; and
       (cc) to accelerate the application of unclassified research 
     to classified applications; and

       (III) demonstration activities to enable deployment, 
     including--

       (aa) threat signature development and validation;
       (bb) automated anomaly detection using artificial 
     intelligence and machine learning;
       (cc) fate and transport dynamics for priority scenarios;
       (dd) data curation, access, storage, and security at scale; 
     and
       (ee) risk assessment tools;
       (I) provide access to scientific user facilities and 
     collaboration facilities with advanced or unique equipment, 
     services, materials, and other resources to perform research 
     and testing;
       (J) establish a short-term exchange program under the 
     Program for National Laboratory staff and management to build 
     connections and awareness across the National Laboratory 
     system;
       (K) support technology transfer and related activities; and
       (L) promote access and development across the Federal 
     Government and to United States industry, including startup 
     companies, of early applications of the technologies, 
     innovations, and expertise beneficial to the public that are 
     derived from Program activities.
       (4) Strengthening institutional research and private 
     partnerships.--
       (A) In general.--The working group shall, to the maximum 
     extent practicable, promote cooperative research and 
     development activities under the Program, including 
     collaboration between appropriate industry and academic 
     institutions to promote innovation and knowledge creation.
       (B) Accessibility of information.--The working group shall 
     develop, maintain, and publicize information on scientific 
     user facilities and capabilities supported by laboratories of 
     the Department for combating biotechnology threats, which 
     shall be accessible for use by individuals from academic 
     institutions and industry.
       (C) Academic participation.--The working group shall, to 
     the maximum extent practicable--
       (i) conduct outreach about internship opportunities 
     relating to activities under the Program primarily to 
     institutions of higher education and minority-serving 
     institutions of higher education;
       (ii) encourage the development of research collaborations 
     between research-intensive universities and the institutions 
     described in clause (i); and
       (iii) provide traineeships at the institutions described in 
     clause (i) to graduate students who pursue a masters or 
     doctoral degree in an academic field relevant to research 
     advanced under the Program.
       (5) Evaluation and plan.--
       (A) In general.--Not less frequently than biennially, the 
     Secretary shall--
       (i) evaluate the activities carried out under the Program; 
     and
       (ii) develop a strategic research plan under the Program, 
     which shall be made publicly available and submitted to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives.
       (B) Classified information.--If the strategic research plan 
     developed under subparagraph (A)(ii) contains classified 
     information, the plan--
       (i) shall be made publicly available and submitted to the 
     committees of Congress described in subparagraph (A)(ii) in 
     an unclassified format; and
       (ii) may, as part of the submission to those committees of 
     Congress only, include a classified annex containing any 
     sensitive or classified information, as necessary.
       (6) Interagency collaboration.--The working group may 
     collaborate with the Secretary of Homeland Security, the 
     Secretary of Health and Human Services, the Secretary of 
     Defense, the Secretary of Agriculture, the Director, and the 
     heads of other appropriate Federal departments and agencies 
     to advance biotechnology research and development under the 
     Program.
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     section, to remain available until expended--
       (A) $30,000,000 for fiscal year 2022;
       (B) $40,000,000 for fiscal year 2023;
       (C) $45,000,000 for fiscal year 2024; and
       (D) $50,000,000 for each of fiscal years 2025 and 2026.
                                 ______
                                 
  SA 2460. Mr. LUJAN (for himself, Mr. Padilla, Mr. Booker, Mrs. 
Feinstein, Mr. Schatz, Mr. Blumenthal, and Mr. Heinrich) 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 60506 and insert the following:

     SEC. 60506. DIGITAL REDLINING.

       (a) Statement of Policy.--It is the policy of the United 
     States that, insofar as technically feasible--
       (1) subscribers should benefit from equal access to 
     broadband internet access service within the service area of 
     a provider of such service;
       (2) the term ``equal access'', for purposes of this 
     section, means the equal opportunity to subscribe to an 
     offered service that provides comparable speeds, capacities, 
     latency, and other quality of service metrics in a given 
     area, for comparable terms and conditions; and
       (3) the Commission should take steps to ensure that all 
     people of the United States benefit from equal access to 
     broadband internet access service.
       (b) Adoption of Rules.--Not later than 2 years after the 
     date of enactment of this Act, the Commission shall adopt 
     final rules to promote equal access to broadband internet 
     access service, including-- taking into account the issue of 
     technical feasibility presented by that objective, 
     including--
       (1) identifying what constitutes digital redlining;
       (2) identifying necessary steps for the Commissions to take 
     to eliminate digital redlining; and
       (3) preventing discrimination of access based on income 
     level, race, ethnicity, color, religion, or national origin.
       (c) Federal Policies.--The Commission and the Attorney 
     General shall ensure that Federal policies promote equal 
     access to robust broadband internet access service by 
     prohibiting deployment discrimination based on--
       (1) the income level of an area;
       (2) the predominant race or ethnicity composition of an 
     area; or
       (3) other factors the Commission determines to be relevant 
     based on the findings in the record developed from the 
     rulemaking under subsection (b).
       (d) Model State and Local Policies.--The Commission shall 
     develop model policies and best practices that can be adopted 
     by States and localities to ensure that broadband internet 
     access service providers do not engage in digital redlining.
       (e) Complaints.--
       (1) In general.--The Commission shall revise its public 
     complaint process to accept complaints from consumers or 
     other members of the public that relate to digital redlining.
       (2) Reports.--The Commission shall publish an annual report 
     regarding complaints that the Commission has received under 
     paragraph (1) that identifies--
       (A) each provider of broadband internet access service that 
     have been the subject of a complaint;
       (B) the status of each complaint; and
       (C) any action taken by the Commission in response to a 
     complaint.
                                 ______
                                 
  SA 2461. Mr. MARSHALL (for himself and Mr. Cotton) 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 D add the 
     following:

     SEC. 40128. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
                   CRITICAL INFRASTRUCTURE.

       Section 1030(c) of title 18, United States Code, is 
     amended--
       (1) in paragraph (4)(G)(ii), by striking the period at the 
     end and inserting ``; or''; and
       (2) by inserting after paragraph (4) the following:
       ``(5) a fine under this title and imprisonment for not less 
     than 30 years or for life, in the case of an offense that 
     involves critical infrastructure (as defined in subsection 
     (e) of the Critical Infrastructures Protection Act of 2001 
     (42 U.S.C. 5195c(e))).''.
                                 ______
                                 
  SA 2462. Mr. MARKEY (for himself, Mrs. Gillibrand, Mr. Padilla, Mr. 
Blumenthal, Mr. Van Hollen, and Mr. Merkley) 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 S5786]]


  

        At the end, add the following:

                      DIVISION __--IMPLEMENTATION

     SEC. __00001. IMPLEMENTATION.

       Each Federal agency implementing a provision of this Act or 
     an amendment made by this Act (including any provision of any 
     division of this Act or an amendment made by any division of 
     this Act) shall implement the provision or amendment--
       (1) in a manner consistent with the best available 
     scientific assessments of global climate change; and
       (2) to achieve appropriate greenhouse gas emission 
     reductions.
                                 ______
                                 
  SA 2463. Mr. MARKEY (for himself, Mrs. Gillibrand, Mr. Padilla, Mr. 
Blumenthal, Mr. Van Hollen, and Mr. Merkley) 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, at the following:

                      DIVISION _--REQUIRED REPORT

     SEC. __0001. REPORT.

       Not later than 18 months after the date of enactment of 
     this Act, the Chair of the Council on Environmental Quality, 
     in consultation with the Federal agencies carrying out the 
     provisions of this Act or an amendment made by this Act 
     (including any provision of any division of this Act or an 
     amendment made by any division of this Act) and the head of 
     any other relevant Federal agency (as determined by the 
     President), shall submit to Congress a report that 
     describes--
       (1) the actual and estimated climate and economic benefits 
     of full implementation of this Act or an amendment made by 
     this Act (including any provision of any division of this Act 
     or an amendment made by any division of this Act);
       (2) how implementation of, and funding provided under, this 
     Act or an amendment made by this Act (including any provision 
     of any division of this Act or an amendment made by any 
     division of this Act) will help the United States reach the 
     climate goals of the United States; and
       (3) any gaps in the Federal regulatory framework and 
     funding programs in existence on the date of enactment of 
     this Act that need to be modified to put the United States on 
     a pathway to achieve net-zero emissions of greenhouse gases 
     by not later than 2050.
                                 ______
                                 
  SA 2464. Mr. PETERS (for himself, Mr. Rounds, Mr. Portman, and Mr. 
Warner) 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 40121(b)(1) of subtitle B of title I of 
     division D, in the matter preceding subparagraph (A), strike 
     ``consultation with the Secretary of Homeland Security and'' 
     and insert ``coordination with the Secretary of Homeland 
     Security and in consultation with''.
       In section 40121(c) of subtitle B of title I of division D, 
     in the matter preceding paragraph (1), strike ``consultation 
     with the Secretary of Homeland Security and'' and insert 
     ``coordination with the Secretary of Homeland Security and in 
     consultation with''.
       In section 40122(b) of subtitle B of title I of division D, 
     strike ``consultation with the Secretary of Homeland Security 
     and'' and insert ``coordination with the Secretary of 
     Homeland Security and in consultation with''.
       In section 40122(c) of subtitle B of title I of division D, 
     in the matter preceding paragraph (1), strike ``consultation 
     with the Secretary of Homeland Security and'' and insert 
     ``coordination with the Secretary of Homeland Security and in 
     consultation with''.
       In section 40124(b) of subtitle B of title I of division D, 
     strike ``consultation with the Secretary of Homeland 
     Security,'' and insert ``coordination with the Secretary of 
     Homeland Security and in consultation with''.
       In section 40125(b)(1) of subtitle B of title I of division 
     D, in the matter preceding subparagraph (A), strike 
     ``consultation with the Secretary of Homeland Security and'' 
     and insert ``coordination with the Secretary of Homeland 
     Security and in consultation with''.
       In section 40125(d)(1) of subtitle B of title I of division 
     D, in the matter preceding subparagraph (A), strike 
     ``consultation'' and insert ``coordination''.
                                 ______
                                 
  SA 2465. Mr. CARDIN 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.

       (a) In General.--Section 150 of title 23, United States 
     Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``or elimination'' after 
     ``significant reduction'';
       (B) by redesignating paragraph (7) as paragraph (8); and
       (C) by inserting after paragraph (6) the following:
       ``(7) Combating climate change.--To reduce carbon dioxide 
     and other greenhouse gas emissions and reduce the climate 
     impacts of the transportation system.'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``Not later than 18 
     months after the date of enactment of the MAP-21, the 
     Secretary'' and inserting ``The Secretary''; and
       (B) by adding at the end the following:
       ``(7) Carbon reduction program.--For the purposes of 
     carrying out section 175, the Secretary shall establish, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, measures for States to use to assess--
       ``(A) carbon dioxide emissions per capita on public roads;
       ``(B) carbon dioxide emissions using different parameters 
     than described in subparagraph (A) that the Secretary 
     determines to be appropriate; and
       ``(C) any other greenhouse gas emissions on public roads 
     that the Secretary determines to be appropriate.'';
       (3) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``Not later than 1 year after the Secretary 
     has promulgated the final rulemaking under subsection (c), 
     each'' and inserting ``Each''; and
       (ii) by striking ``and (6)'' and inserting ``(6), and 
     (7)''; 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 (7) 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.
       ``(4) Performance target achievement.--In the case of a 
     State that fails to make significant progress toward meeting 
     the targets established under subsection (c)(7), the 
     Secretary shall limit the ability of that State to apply the 
     authority under section 126 with respect to funds apportioned 
     under section 104(b)(7).'';
       (4) 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
       (5) 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.''.
                                 ______
                                 
  SA 2466. Mr. CRUZ 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 80603.
                                 ______
                                 
  SA 2467. Mr. CRUZ 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:

[[Page S5787]]

  


     SEC. 90009. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES OF REAL ESTATE PURCHASES OR 
                   LEASES NEAR MILITARY INSTALLATIONS OR MILITARY 
                   AIRSPACE.

       (a) Inclusion in Definition of Covered Transaction.--
     Section 721(a)(4) of the Defense Production Act of 1950 (50 
     U.S.C. 4565(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) any transaction described in subparagraph (B)(vi) 
     that is proposed, pending, or completed on or after the date 
     of the enactment of the Protecting Military Installations and 
     Ranges Act of 2021.''; and
       (2) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Notwithstanding clause (ii) or subparagraph (C), the 
     purchase or lease by, or a concession to, a foreign person of 
     private or public real estate--

       ``(I) that is located in the United States and within--

       ``(aa) 100 miles of a military installation (as defined in 
     section 2801(c)(4) of title 10, United States Code); or
       ``(bb) 50 miles of--
       ``(AA) a military training route (as defined in section 
     183a(h) of title 10, United States Code);
       ``(BB) airspace designated as special use airspace under 
     part 73 of title 14, Code of Federal Regulations (or a 
     successor regulation), and managed by the Department of 
     Defense;
       ``(CC) a controlled firing area (as defined in section 1.1 
     of title 14, Code of Federal Regulations (or a successor 
     regulation)) used by the Department of Defense; or
       ``(DD) a military operations area (as defined in section 
     1.1 of title 14, Code of Federal Regulations (or a successor 
     regulation)); and

       ``(II) if the foreign person is owned or controlled by, is 
     acting for or on behalf of, or receives subsidies from--

       ``(aa) the Government of the Russian Federation;
       ``(bb) the Government of the People's Republic of China;
       ``(cc) the Government of the Islamic Republic of Iran; or
       ``(dd) the Government of the Democratic People's Republic 
     of Korea.''.
       (b) Mandatory Unilateral Initiation of Reviews.--Section 
     721(b)(1)(D) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(1)(D)) is amended--
       (1) in clause (iii), by redesignating subclauses (I), (II), 
     and (III) as items (aa), (bb), and (cc), respectively, and by 
     moving such items, as so redesignated, 2 ems to the right;
       (2) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively, and by moving 
     such subclauses, as so redesignated, 2 ems to the right; and
       (3) by striking ``Subject to'' and inserting the following:
       ``(i) In general.--Subject to''; and
       (4) by adding at the end the following:
       ``(ii) Mandatory unilateral initiation of certain 
     transactions.--The Committee shall initiate a review under 
     subparagraph (A) of a covered transaction described in 
     subsection (a)(4)(B)(vi).''.
       (c) Certifications to Congress.--Section 721(b)(3)(C)(iii) 
     of the Defense Production Act of 1950 (50 U.S.C. 
     4565(b)(3)(C)(iii)) is amended--
       (1) in subclause (IV), by striking ``; and'' and inserting 
     a semicolon;
       (2) in subclause (V), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VI) with respect to covered transactions described in 
     subsection (a)(4)(B)(vi), to the members of the Senate from 
     the State in which the military installation, military 
     training route, special use airspace, controlled firing area, 
     or military operations area is located, and the member from 
     the Congressional District in which such installation, route, 
     airspace, or area is located.''.

       (d) Limitation on Approval of Energy Projects Related to 
     Reviews Conducted by Committee on Foreign Investment in the 
     United States.--
       (1) Review by secretary of defense.--Section 183a of title 
     10, United States Code, is amended--
       (A) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (B) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Special Rule Relating To Review by Committee on 
     Foreign Investment of the United States.--(1) If, during the 
     period during which the Department of Defense is reviewing an 
     application for an energy project filed with the Secretary of 
     Transportation under section 44718 of title 49, the purchase, 
     lease, or concession of real property on which the project is 
     planned to be located is under review or investigation by the 
     Committee on Foreign Investment in the United States under 
     section 721 of the Defense Production Act of 1950 (50 U.S.C. 
     4565), the Secretary of Defense--
       ``(A) may not complete review of the project until the 
     Committee concludes action under such section 721 with 
     respect to the purchase, lease, or concession; and
       ``(B) shall notify the Secretary of Transportation of the 
     delay.
       ``(2) If the Committee on Foreign Investment in the United 
     States determines that the purchase, lease, or concession of 
     real property on which an energy project described in 
     paragraph (1) is planned to be located threatens to impair 
     the national security of the United States and refers the 
     purchase, lease, or concession to the President for further 
     action under section 721(d) of the Defense Production Act of 
     1950 (50 U.S.C. 4565(d)), the Secretary of Defense shall--
       ``(A) find under subsection (e)(1) that the project would 
     result in an unacceptable risk to the national security of 
     the United States; and
       ``(B) transmit that finding to the Secretary of 
     Transportation for inclusion in the report required under 
     section 44718(b)(2) of title 49.''.
       (2) Review by secretary of transportation.--Section 44718 
     of title 49, United States Code, is amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Special Rule Relating To Review by Committee on 
     Foreign Investment of the United States.--The Secretary of 
     Transportation may not issue a determination pursuant to this 
     section with respect to a proposed structure to be located on 
     real property the purchase, lease, or concession of which is 
     under review or investigation by the Committee on Foreign 
     Investment in the United States under section 721 of the 
     Defense Production Act of 1950 (50 U.S.C. 4565) until--
       ``(1) the Committee concludes action under such section 721 
     with respect to the purchase, lease, or concession; and
       ``(2) the Secretary of Defense--
       ``(A) issues a finding under section 183a(e) of title 10; 
     or
       ``(B) advises the Secretary of Transportation that no 
     finding under section 183a(e) of title 10 will be 
     forthcoming.''.
                                 ______
                                 
  SA 2468. Mr. CRUZ 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 2675, line 21, strike the period and insert the 
     following: ``: Provided further, That, notwithstanding any 
     other provision of this Act, of the amounts made available 
     under this heading and under the heading `National Network 
     Grants to the National Railroad Passenger Corporation' in 
     this Act, $150,000,000 shall be made available to the 
     Secretary of Defense to modify or improve the infrastructure 
     necessary to expedite the deployment of heavy armored 
     divisions and associated equipment from United States 
     military installations to naval ports by rail.''.
                                 ______
                                 
  SA 2469. Mr. CRUZ 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 40436 of subtitle C of title IV of division 
     D and insert the following:

     SEC. 40436. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE 
                   ELECTRIC VEHICLE SUPPLY CHAIN.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary, in coordination with 
     the Secretary of State and the Secretary of Commerce, shall 
     study, and submit to Congress a report describing, the impact 
     of forced labor in China on the electric vehicle supply 
     chain.
       (b) Prohibition.--Notwithstanding any other provision of 
     law and subject to subsection (c), no funds shall be expended 
     for the purchase or import of--
       (1) significant goods, wares, articles, or merchandise 
     mined, produced, or manufactured wholly or in part in the 
     Xinjiang Uyghur Autonomous Region of the People's Republic of 
     China to be used for the production of electric vehicles; or
       (2) electric vehicles that incorporate, or are otherwise 
     produced using, items described in paragraph (1).
       (c) Expiration of Prohibition.--The prohibition described 
     in subsection (b) shall expire on a date not earlier than the 
     date on which--
       (1) the report required by subsection (a) is submitted, if 
     that report concludes that forced labor in China does not 
     have a significant impact on the electric vehicle supply 
     chain; and
       (2) the Secretary certifies to the relevant committees of 
     Congress that the report submitted under subsection (a) 
     accurately assesses the impact of forced labor in China on 
     the electric vehicle supply chain.
                                 ______
                                 
  SA 2470. Mr. VAN HOLLEN (for himself and Mr.Kaine) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr.

[[Page S5788]]

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:



 =========================== NOTE =========================== 

  
  On pages S5787-5788, August 3, 2021, in the third column, the 
following appears: SA. 2470. Ms. SINEMA (for herself and Mr. 
Kaine) submitted an amendment intended to be proposed to amendment 
. . . as follows:
  
  The online Record has been corrected to read:SA. 2470. Mr. VAN 
HOLLEN (for himself and Mr.Kaine) submitted an amendment intended 
to be proposed to amendment . . . as follows:


 ========================= END NOTE ========================= 


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

     SEC. 23___. FEDERAL AUTHORITY OVER INTRASTATE TRANSPORTATION.

       Section 14501(c)(2)(C) of title 49, United States Code, is 
     amended by striking ``performed without the prior consent or 
     authorization of the owner or operator of the motor 
     vehicle''.
                                 ______
                                 
  SA 2471. Mr. ROUNDS (for Mr. Inhofe) 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 2486, line 14, strike ``Provided'' and all that 
     follows through ``proviso:'' on line 21 and insert the 
     following: ``Provided further, That of the amount provided 
     under this heading in this Act, $2,500,000,000 shall be for 
     construction, replacement, rehabilitation, and expansion of 
     inland waterways projects: Provided further, That section 
     102(a) of the Water Resources Development Act of 1986 (Public 
     Law 99-662; 33 U.S.C. 2212(a)) and section 109 of the Water 
     Resources Development Act of 2020 (Public Law 116-260; 134 
     Stat. 2624) shall not apply to the extent that such projects 
     are carried out using funds provided in the preceding 
     proviso:''.

                                 ______
                                 
  SA 2472. Mr. ROUNDS (for Mr. Inhofe) 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 2627, line 19, insert ``Provided further, That the 
     Secretary of Transportation shall prioritize air traffic 
     control facilities over 60 years of age and with over 300,000 
     total terminal operations handled in fiscal year 2019:'' 
     after ``contract tower program:''.
                                 ______
                                 
  SA 2473. Mr. ROUNDS (for Mr. Inhofe) 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 2489, line 9, insert ``Provided further, That in 
     selecting projects under the previous proviso, the Secretary 
     of the Army shall prioritize projects with overriding life-
     safety benefits:'' after ``purpose:''.
                                 ______
                                 
  SA 2474. Mr. ROUNDS (for Mr. Inhofe) 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 11312, add the following:
       (c) Categorical Exclusion Determination Process.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall revise the process 
     for determining whether a project qualifies for a categorical 
     exclusion under section 771.117 of title 23, Code of Federal 
     Regulations (or successor regulations).
       (2) Requirement.--The revised process under paragraph (1) 
     shall minimize the period of review and quantity of paperwork 
     required to make a determination described in that paragraph.
                                 ______
                                 
  SA 2475. 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:

        Strike section 40106 of subtitle A of title I of division 
     D.
                                 ______
                                 
  SA 2476. 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:

        On page 84, strike lines 12 through 24 and insert the 
     following:
       ``(3) Eligible projects.--Funds set aside under this 
     subsection may be obligated for repair of deficient bridges 
     or other highway projects designated by a state as high 
     priority safety projects.'';
                                 ______
                                 
  SA 2477. 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:

        On page 2631, line 7, insert ``:Provided further, That 
     funds made available under this paragraph may be used for 
     projects to improve, construct, and rehabilitate aircraft 
     hangars'' after ``this Act''.

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