[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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).
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