[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5846-S5847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2480. Mr. LANKFORD (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 94, line 12, insert ``, and including a project 
     authorized by Congress to be carried out by the Secretary of 
     the Army'' after ``corridor''.
       On page 124, line 16, insert ``, and including a project 
     authorized by Congress to be carried out by the Secretary of 
     the Army'' after ``crossing''.
       On page 126, line 21, insert ``, and including a project 
     authorized by Congress to be carried out by the Secretary of 
     the Army'' after ``crossing''.
       On page 222, between lines 2 and 3, insert the following:

     SEC. 11136. PAYMENTS ON FEDERAL-AID PROJECTS UNDERTAKEN BY A 
                   FEDERAL AGENCY.

       Section 132 of title 23, United States Code, is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking the subsection designation and 
     heading and all that follows through ``In a case'' and 
     inserting the following:
       ``(a) Projects Undertaken by a Federal Agency.--
       ``(1) In general.--Except as provided in paragraph (2), in 
     a case''; and
       (C) by adding at the end the following:
       ``(2) Certain projects undertaken by the secretary of the 
     army.--
       ``(A) In general.--Subject to subparagraphs (B) through 
     (D), in a case in which a proposed project described in 
     paragraph (10)

[[Page S5847]]

     or (11) of section 149(b), clause (iii) or (iv) of section 
     167(h)(5)(B), or clause (vii) or (viii) of section 
     117(d)(1)(A) is to be undertaken by the Secretary of the Army 
     in accordance with an agreement between a State and the 
     Secretary of the Army, the State may--
       ``(i) direct the Secretary to transfer funds for the 
     Federal share of the project directly to the Secretary of the 
     Army; or
       ``(ii) make such deposit with, or payment to, the Secretary 
     of the Army as is required to meet the obligation of the 
     State under the agreement for the work undertaken or to be 
     undertaken by the Secretary of the Army for the non-Federal 
     share of the project.
       ``(B) Administration of funds.--Amounts transferred under 
     subparagraph (A)(i) or deposited or paid under subparagraph 
     (A)(ii)--
       ``(i) shall not be subject to the provisions of this title 
     (other than this section); and
       ``(ii) shall be administered by the Secretary of the Army 
     in accordance with the Water Resources Development Act of 
     1986 (33 U.S.C. 2201 et seq.).
       ``(C) Federal and non-federal share.--Notwithstanding 
     section 120, funds transferred under subparagraph (A)(i) or 
     deposited or paid under subparagraph (A)(ii) to the Secretary 
     of the Army may be accepted and expended by the Secretary of 
     the Army for the Federal and non-Federal share, respectively, 
     of a project described in subparagraph (A).
       ``(D) Supplement; not supplant.--Amounts transferred under 
     subparagraph (A) shall supplement, and not supplant, funds 
     otherwise made available to the Secretary of the Army.
       ``(E) Modernization activities.--Amounts that are 
     transferred under subparagraph (A)(i) or deposited or paid 
     under subparagraph (A)(ii) to the Secretary of the Army for a 
     project involving modernization activities under section 159 
     of the Water Resources Development Act of 2020 (Public Law 
     116-260) shall not be eligible for reimbursement by the 
     Secretary of the Army to the Secretary or to the State, 
     respectively, to the extent such amounts are obligated by the 
     Secretary of the Army for such project.''; and
       (2) in subsection (b)--
       (A) by striking ``described in subsection (a)'' and 
     inserting ``described in paragraph (1) or (2) of subsection 
     (a)''; and
       (B) by striking ``under subsection (a)(2)'' and inserting 
     ``under paragraph (1)(B) or (2)(A)(ii) of subsection (a)''.
                                 ______