[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5960-S5984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2574. Mrs. FEINSTEIN (for herself, Mr. Grassley, and Mr. Schatz) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds 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 1200, strike line 9, and all that follows through 
     page 1202, line 10, and insert the following:

        Subtitle B--Cannabidiol and Marihuana Research Expansion

     SEC. 25101. SHORT TITLE.

       This subtitle may be cited as the ``Cannabidiol and 
     Marihuana Research Expansion Act''.

     SEC. 25102. DEFINITIONS.

       In this subtitle--
       (1) the term ``appropriately registered'' means that an 
     individual or entity is registered under the Controlled 
     Substances Act (21 U.S.C. 801 et seq.) to engage in the type 
     of activity that is carried out by the individual or entity 
     with respect to a controlled substance on the schedule that 
     is applicable to cannabidiol or marihuana, as applicable;
       (2) the term ``cannabidiol'' means--
       (A) the substance, cannabidiol, as derived from marihuana 
     that has a delta-9-tetrahydrocannabinol level that is greater 
     than 0.3 percent; and
       (B) the synthetic equivalent of the substance described in 
     subparagraph (A);
       (3) the terms ``controlled substance'', ``dispense'', 
     ``distribute'', ``manufacture'', ``marihuana'', and 
     ``practitioner'' have the meanings given such terms in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802), 
     as amended by this subtitle;
       (4) the term ``covered institution of higher education'' 
     means an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)) that--
       (A)(i) has highest or higher research activity, as defined 
     by the Carnegie Classification of Institutions of Higher 
     Education; or
       (ii) is an accredited medical school or an accredited 
     school of osteopathic medicine; and
       (B) is appropriately registered under the Controlled 
     Substances Act (21 U.S.C. 801 et seq.);
       (5) the term ``drug'' has the meaning given the term in 
     section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 321(g)(1));
       (6) the term ``medical research for drug development'' 
     means medical research that is--
       (A) a preclinical study or clinical investigation conducted 
     in accordance with section 505(i) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355(i)) or otherwise permitted by 
     the Department of Health and Human Services to determine the 
     potential medical benefits of marihuana or cannabidiol as a 
     drug; and
       (B) conducted by a covered institution of higher education, 
     practitioner, or manufacturer that is appropriately 
     registered under the Controlled Substances Act (21 U.S.C. 801 
     et seq.); and
       (7) the term ``State'' means any State of the United 
     States, the District of Columbia, and any territory of the 
     United States.

            CHAPTER 1--REGISTRATIONS FOR MARIHUANA RESEARCH

     SEC. 25121. MARIHUANA RESEARCH APPLICATIONS.

       Section 303(f) of the Controlled Substances Act (21 U.S.C. 
     823(f)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively;
       (2) by striking ``(f) The Attorney General'' and inserting 
     ``(f)(1) The Attorney General'';
       (3) by striking ``Registration applications'' and inserting 
     the following:
       ``(2)(A) Registration applications'';
       (4) by striking ``Article 7'' and inserting the following:
       ``(3) Article 7''; and
       (5) by inserting after paragraph (2)(A), as so designated, 
     the following:
       ``(B)(i) The Attorney General shall register a practitioner 
     to conduct research with marihuana if--
       ``(I) the applicant's research protocol--
       ``(aa) has been reviewed and allowed--
       ``(AA) by the Secretary of Health and Human Services under 
     section 505(i) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 355(i));
       ``(BB) by the National Institutes of Health or another 
     Federal agency that funds scientific research; or
       ``(CC) pursuant to sections 1301.18 and 1301.32 of title 
     21, Code of Federal Regulations, or any successors thereto; 
     and
       ``(II) the applicant has demonstrated to the Attorney 
     General that there are effective procedures in place to 
     adequately safeguard against diversion of the controlled 
     substance for legitimate medical or scientific use pursuant 
     to section 25125 of the Cannabidiol and Marihuana Research 
     Expansion Act, including demonstrating that the security 
     measures are adequate for storing the quantity of marihuana 
     the applicant would be authorized to possess.
       ``(ii) The Attorney General may deny an application for 
     registration under this subparagraph only if the Attorney 
     General determines that the issuance of the registration 
     would be inconsistent with the public interest. In 
     determining the public interest, the Attorney General shall 
     consider the factors listed in--
       ``(I) subparagraphs (B) through (E) of paragraph (1); and
       ``(II) subparagraph (A) of paragraph (1), if the applicable 
     State requires practitioners conducting research to register 
     with a board or authority described in such subparagraph (A).
       ``(iii)(I) Not later than 60 days after the date on which 
     the Attorney General receives a complete application for 
     registration under this subparagraph, the Attorney General 
     shall--
       ``(aa) approve the application; or
       ``(bb) request supplemental information.
       ``(II) For purposes of subclause (I), an application shall 
     be deemed complete when the applicant has submitted 
     documentation showing that the requirements under clause (i) 
     are satisfied.
       ``(iv) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information as 
     described in clause (iii)(I)(bb) in connection with an 
     application described in this subparagraph, the Attorney 
     General shall approve or deny the application.
       ``(v) If an application described in this subparagraph is 
     denied, the Attorney General shall provide a written 
     explanation of the basis of denial to the applicant.''.

     SEC. 25122. RESEARCH PROTOCOLS.

       (a) In General.--Paragraph (2)(B) of section 303(f) of the 
     Controlled Substances Act (21 U.S.C. 823(f)), as amended by 
     section 25121 of this Act, is further amended by adding at 
     the end the following:
       ``(vi)(I) If the Attorney General grants an application for 
     registration under clause (i), the registrant may amend or 
     supplement the research protocol without reapplying if the 
     registrant does not change--
       ``(aa) the quantity or type of drug;
       ``(bb) the source of the drug; or
       ``(cc) the conditions under which the drug is stored, 
     tracked, or administered.
       ``(II)(aa) If a registrant under clause (i) seeks to change 
     the type of drug, the source of the drug, or conditions under 
     which the drug is stored, tracked, or administered, the 
     registrant shall notify the Attorney General via registered 
     mail, or an electronic means permitted by the Attorney 
     General, not later than 30 days before implementing an 
     amended or supplemental research protocol.
       ``(bb) A registrant may proceed with an amended or 
     supplemental research protocol described in item (aa) if the 
     Attorney General does not explicitly object during the 30-day 
     period beginning on the date on which the Attorney General 
     receives the notice under item (aa).
       ``(cc) The Attorney General may only object to an amended 
     or supplemental research protocol under this subclause if 
     additional security measures are needed to safeguard against 
     diversion or abuse.
       ``(dd) If a registrant under clause (i) seeks to address 
     additional security measures identified by the Attorney 
     General under item (cc), the registrant shall notify the 
     Attorney General via registered mail, or an electronic means 
     permitted by the Attorney General, not later than 30 days 
     before implementing an amended or supplemental research 
     protocol.
       ``(ee) A registrant may proceed with an amended or 
     supplemental research protocol described in item (dd) if the 
     Attorney General does not explicitly object during the 30-day 
     period beginning on the date on which the Attorney General 
     receives the notice under item (dd).
       ``(III)(aa) If a registrant under clause (i) seeks to 
     change the quantity of marihuana needed for research and the 
     change in quantity does not impact the factors described in 
     item (bb) or (cc) of subclause (I) of this clause, the 
     registrant shall notify the Attorney General via registered 
     mail or using an electronic means permitted by the Attorney 
     General.
       ``(bb) A notification under item (aa) shall include--

[[Page S5961]]

       ``(AA) the Drug Enforcement Administration registration 
     number of the registrant;
       ``(BB) the quantity of marihuana already obtained;
       ``(CC) the quantity of additional marihuana needed to 
     complete the research; and
       ``(DD) an attestation that the change in quantity does not 
     impact the source of the drug or the conditions under which 
     the drug is stored, tracked, or administered.
       ``(cc) The Attorney General shall ensure that--
       ``(AA) any registered mail return receipt with respect to a 
     notification under item (aa) is submitted for delivery to the 
     registrant providing the notification not later than 3 days 
     after receipt of the notification by the Attorney General; 
     and
       ``(BB) notice of receipt of a notification using an 
     electronic means permitted under item (aa) is provided to the 
     registrant providing the notification not later than 3 days 
     after receipt of the notification by the Attorney General.
       ``(dd)(AA) On and after the date described in subitem (BB), 
     a registrant that submits a notification in accordance with 
     item (aa) may proceed with the research as if the change in 
     quantity has been approved on such date, unless the Attorney 
     General notifies the registrant of an objection described in 
     item (ee).
       ``(BB) The date described in this subitem is the date on 
     which a registrant submitting a notification under item (aa) 
     receives the registered mail return receipt with respect to 
     the notification or the date on which the registrant receives 
     notice that the notification using an electronic means 
     permitted under item (aa) was received by the Attorney 
     General, as the case may be.
       ``(ee) A notification submitted under item (aa) shall be 
     deemed to be approved unless the Attorney General, not later 
     than 10 days after receiving the notification, explicitly 
     objects based on a finding that the change in quantity--
       ``(AA) does impact the source of the drug or the conditions 
     under which the drug is stored, tracked, or administered; or
       ``(BB) necessitates that the registrant implement 
     additional security measures to safeguard against diversion 
     or abuse.
       ``(IV) Nothing in this clause shall limit the authority of 
     the Secretary of Health and Human Services over requirements 
     related to research protocols, including changes in--
       ``(aa) the method of administration of marihuana;
       ``(bb) the dosing of marihuana; and
       ``(cc) the number of individuals or patients involved in 
     research.''.
       (b) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to carry out the amendment made by this section.

     SEC. 25123. APPLICATIONS TO MANUFACTURE MARIHUANA FOR 
                   RESEARCH.

       (a) In General.--Section 303 of the Controlled Substances 
     Act (21 U.S.C. 823) is amended--
       (1) by redesignating subsections (c) through (k) as 
     subsections (d) through (l), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c)(1)(A) As it relates to applications to manufacture 
     marihuana for research purposes, if the Attorney General 
     places a notice in the Federal Register to increase the 
     number of entities registered under this Act to manufacture 
     marihuana to supply appropriately registered researchers in 
     the United States, the Attorney General shall, not later than 
     60 days after the date on which the Attorney General receives 
     a completed application--
       ``(i) approve the application; or
       ``(ii) request supplemental information.
       ``(B) For purposes of subparagraph (A), an application 
     shall be deemed complete when the applicant has submitted 
     documentation showing each of the following:
       ``(i) The requirements designated in the notice in the 
     Federal Register are satisfied.
       ``(ii) The requirements under this Act are satisfied.
       ``(iii) The applicant will limit the transfer and sale of 
     any marihuana manufactured under this subsection--
       ``(I) to researchers who are registered under this Act to 
     conduct research with controlled substances in schedule I; 
     and
       ``(II) for purposes of use in preclinical research or in a 
     clinical investigation pursuant to an investigational new 
     drug exemption under 505(i) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 355(i)).
       ``(iv) The applicant will transfer or sell any marihuana 
     manufactured under this subsection only with prior, written 
     consent for the transfer or sale by the Attorney General.
       ``(v) The applicant has completed the application and 
     review process under subsection (a) for the bulk manufacture 
     of controlled substances in schedule I.
       ``(vi) The applicant has established and begun operation of 
     a process for storage and handling of controlled substances 
     in schedule I, including for inventory control and monitoring 
     security in accordance with section 25125 of the Cannabidiol 
     and Marihuana Research Expansion Act.
       ``(vii) The applicant is licensed by each State in which 
     the applicant will conduct operations under this subsection, 
     to manufacture marihuana, if that State requires such a 
     license.
       ``(C) Not later than 30 days after the date on which the 
     Attorney General receives supplemental information requested 
     under subparagraph (A)(ii) with respect to an application, 
     the Attorney General shall approve or deny the application.
       ``(2) If an application described in this subsection is 
     denied, the Attorney General shall provide a written 
     explanation of the basis of denial to the applicant.'';
       (3) in subsection (h)(2), as so redesignated, by striking 
     ``subsection (f)'' each place it appears and inserting 
     ``subsection (g)'';
       (4) in subsection (j)(1), as so redesignated, by striking 
     ``subsection (d)'' and inserting ``subsection (e)''; and
       (5) in subsection (k), as so redesignated, by striking 
     ``subsection (f)'' each place it appears and inserting 
     ``subsection (g)''.
       (b) Technical and Conforming Amendments.--
       (1) The Controlled Substances Act (21 U.S.C. 801 et seq.) 
     is amended--
       (A) in section 102 (21 U.S.C. 802)--
       (i) in paragraph (16)(B)--

       (I) in clause (i), by striking ``or'' at the end;
       (II) by redesignating clause (ii) as (iii); and
       (III) by inserting after clause (i) the following:

       ``(ii) the synthetic equivalent of hemp-derived cannabidiol 
     that contains less than 0.3 percent tetrahydrocannabinol; 
     or'';
       (ii) in paragraph (52)(B)--

       (I) by striking ``303(f)'' each place it appears and 
     inserting ``303(g)''; and
       (II) in clause (i), by striking ``(d), or (e)'' and 
     inserting ``(e), or (f)''; and

       (iii) in paragraph (54), by striking ``303(f)'' each place 
     it appears and inserting ``303(g)'';
       (B) in section 302(g)(5)(A)(iii)(I)(bb) (21 U.S.C. 
     822(g)(5)(A)(iii)(I)(bb)), by striking ``303(f)'' and 
     inserting ``303(g)'';
       (C) in section 304 (21 U.S.C. 824), by striking 
     ``303(g)(1)'' each place it appears and inserting 
     ``303(h)(1)'';
       (D) in section 307(d)(2) (21 U.S.C. 827(d)(2)), by striking 
     ``303(f)'' and inserting ``303(g)'';
       (E) in section 309A(a)(2) (21 U.S.C. 829a(a)(2)), in the 
     matter preceding subparagraph (A), by striking ``303(g)(2)'' 
     and inserting ``303(h)(2)'';
       (F) in section 311(h) (21 U.S.C. 831(h)), by striking 
     ``303(f)'' each place it appears and inserting ``303(g)'';
       (G) in section 401(h)(2) (21 U.S.C. 841(h)(2)), by striking 
     ``303(f)'' each place it appears and inserting ``303(g)'';
       (H) in section 403(c)(2)(B) (21 U.S.C. 843(c)(2)(B)), by 
     striking ``303(f)'' and inserting ``303(g)''; and
       (I) in section 512(c)(1) (21 U.S.C. 882(c)(1)) by striking 
     ``303(f)'' and inserting ``303(g)''.
       (2) Section 1008(c) of the Controlled Substances Import and 
     Export Act (21 U.S.C. 958(c)) is amended--
       (A) in paragraph (1), by striking ``303(d)'' and inserting 
     ``303(e)''; and
       (B) in paragraph (2)(B), by striking ``303(h)'' and 
     inserting ``303(i)''.
       (3) Title V of the Public Health Service Act (42 U.S.C. 
     290aa et seq.) is amended--
       (A) in section 520E-4(c) (42 U.S.C. 290bb-36d(c)), by 
     striking ``303(g)(2)(B)'' and inserting ``303(h)(2)(B)''; and
       (B) in section 544(a)(3) (42 U.S.C. 290dd-3(a)(3)), by 
     striking ``303(g)'' and inserting ``303(h)''.
       (4) Title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) is amended--
       (A) in section 1833(bb)(3)(B) (42 U.S.C. 1395l(bb)(3)(B)), 
     by striking ``303(g)'' and inserting ``303(h)'';
       (B) in section 1834(o)(3)(C)(ii) (42 U.S.C. 
     1395m(o)(3)(C)(ii)), by striking ``303(g)'' and inserting 
     ``303(h)''; and
       (C) in section 1866F(c)(3)(C) (42 U.S.C. 1395cc-
     6(c)(3)(C)), by striking ``303(g)'' and inserting ``303(h)''.
       (5) Section 1903(aa)(2)(C)(ii) of the Social Security Act 
     (42 U.S.C. 1396b(aa)(2)(C)(ii)) is amended by striking 
     ``303(g)'' each place it appears and inserting ``303(h)''.

     SEC. 25124. ADEQUATE AND UNINTERRUPTED SUPPLY.

       On an annual basis, the Attorney General shall assess 
     whether there is an adequate and uninterrupted supply of 
     marihuana, including of specific strains, for research 
     purposes.

     SEC. 25125. SECURITY REQUIREMENTS.

       (a) In General.--An individual or entity engaged in 
     researching marihuana or its components shall store it in a 
     securely locked, substantially constructed cabinet.
       (b) Requirements for Other Measures.--Any other security 
     measures required by the Attorney General to safeguard 
     against diversion shall be consistent with those required for 
     practitioners conducting research on other controlled 
     substances in schedules I and II in section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) that have a 
     similar risk of diversion and abuse.

     SEC. 25126. PROHIBITION AGAINST REINSTATING INTERDISCIPLINARY 
                   REVIEW PROCESS FOR NON-NIH-FUNDED RESEARCHERS.

       The Secretary of Health and Human Services may not--
       (1) reinstate the Public Health Service interdisciplinary 
     review process described in the guidance entitled ``Guidance 
     on Procedures for the Provision of Marijuana for Medical 
     Research'' (issued on May 21, 1999); or
       (2) require another review of scientific protocols that is 
     applicable only to research on marihuana or its components.

[[Page S5962]]

  


  CHAPTER 2--DEVELOPMENT OF FDA-APPROVED DRUGS USING CANNABIDIOL AND 
                               MARIHUANA

     SEC. 25141. MEDICAL RESEARCH ON CANNABIDIOL.

       Notwithstanding any provision of the Controlled Substances 
     Act (21 U.S.C. 801 et seq.), the Safe and Drug-Free Schools 
     and Communities Act (20 U.S.C. 7101 et seq.), chapter 81 of 
     title 41, United States Code, or any other Federal law, an 
     appropriately registered covered institution of higher 
     education, a practitioner, or a manufacturer may manufacture, 
     distribute, dispense, or possess marihuana or cannabidiol if 
     the marihuana or cannabidiol is manufactured, distributed, 
     dispensed, or possessed, respectively, for purposes of 
     medical research for drug development or subsequent 
     commercial production in accordance with section 25142.

     SEC. 25142. REGISTRATION FOR THE COMMERCIAL PRODUCTION AND 
                   DISTRIBUTION OF FOOD AND DRUG ADMINISTRATION-
                   APPROVED DRUGS.

       The Attorney General shall register an applicant to 
     manufacture or distribute cannabidiol or marihuana for the 
     purpose of commercial production of a drug containing or 
     derived from marihuana that is approved by the Secretary of 
     Health and Human Services under section 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 355), in accordance 
     with the applicable requirements under subsection (a) or (b) 
     of section 303 of the Controlled Substances Act (21 U.S.C. 
     823).

     SEC. 25143. IMPORTATION OF CANNABIDIOL FOR RESEARCH PURPOSES.

       The Controlled Substances Import and Export Act (21 U.S.C. 
     951 et seq.) is amended--
       (1) in section 1002(a) (21 U.S.C. 952(a))--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2)(C), by inserting ``and'' after 
     ``uses,''; and
       (C) inserting before the undesignated matter following 
     paragraph (2)(C) the following:
       ``(3) such amounts of marihuana or cannabidiol (as defined 
     in section 25102 of the Cannabidiol and Marihuana Research 
     Expansion Act) as are--
       ``(A) approved for medical research for drug development 
     (as such terms are defined in section 25102 of the 
     Cannabidiol and Marihuana Research Expansion Act), or
       ``(B) necessary for registered manufacturers to manufacture 
     drugs containing marihuana or cannabidiol that have been 
     approved for use by the Commissioner of Food and Drugs under 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.),''; and
       (2) in section 1007 (21 U.S.C. 957), by amending subsection 
     (a) to read as follows:
       ``(a)(1) Except as provided in paragraph (2), no person 
     may--
       ``(A) import into the customs territory of the United 
     States from any place outside thereof (but within the United 
     States), or import into the United States from any place 
     outside thereof, any controlled substance or list I chemical, 
     or
       ``(B) export from the United States any controlled 
     substance or list I chemical,
     unless there is in effect with respect to such person a 
     registration issued by the Attorney General under section 
     1008, or unless such person is exempt from registration under 
     subsection (b).
       ``(2) Paragraph (1) shall not apply to the import or export 
     of marihuana or cannabidiol (as defined in section 25102 of 
     the Cannabidiol and Marihuana Research Expansion Act) that 
     has been approved for--
       ``(A) medical research for drug development authorized 
     under section 25141 of the Cannabidiol and Marihuana Research 
     Expansion Act; or
       ``(B) use by registered manufacturers to manufacture drugs 
     containing marihuana or cannabidiol that have been approved 
     for use by the Commissioner of Food and Drugs under the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
     seq.).''.

                 CHAPTER 3--DOCTOR-PATIENT RELATIONSHIP

     SEC. 25161. DOCTOR-PATIENT RELATIONSHIP.

       It shall not be a violation of the Controlled Substances 
     Act (21 U.S.C. 801 et seq.) for a State-licensed physician to 
     discuss--
       (1) the currently known potential harms and benefits of 
     marihuana derivatives, including cannabidiol, as a treatment 
     with the legal guardian of the patient of the physician if 
     the patient is a child; or
       (2) the currently known potential harms and benefits of 
     marihuana and marihuana derivatives, including cannabidiol, 
     as a treatment with the patient or the legal guardian of the 
     patient of the physician if the patient is a legal adult.

                      CHAPTER 4--FEDERAL RESEARCH

     SEC. 25181. FEDERAL RESEARCH.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in coordination with the Director of the National 
     Institutes of Health and the heads of other relevant Federal 
     agencies, shall submit to the Caucus on International 
     Narcotics Control, the Committee on the Judiciary, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Energy and Commerce and the 
     Committee on the Judiciary of the House of Representatives a 
     report on--
       (1) the potential therapeutic effects of cannabidiol or 
     marihuana on serious medical conditions, including 
     intractable epilepsy;
       (2) the potential effects of marihuana, including--
       (A) the effect of increasing delta-9-tetrahydrocannabinol 
     levels on the human body and developing adolescent brains; 
     and
       (B) the effect of various delta-9-tetrahydrocannabinol 
     levels on cognitive abilities, such as those that are 
     required to operate motor vehicles or other heavy equipment; 
     and
       (3) the barriers associated with researching marihuana or 
     cannabidiol in States that have legalized the use of such 
     substances, which shall include--
       (A) recommendations as to how such barriers might be 
     overcome, including whether public-private partnerships or 
     Federal-State research partnerships may or should be 
     implemented to provide researchers with access to additional 
     strains of marihuana and cannabidiol; and
       (B) recommendations as to what safeguards must be in place 
     to verify--
       (i) the levels of tetrahydrocannabinol, cannabidiol, or 
     other cannabinoids contained in products obtained from such 
     States is accurate; and
       (ii) that such products do not contain harmful or toxic 
     components.
       (b) Activities.--To the extent practicable, the Secretary 
     of Health and Human Services, either directly or through 
     awarding grants, contacts, or cooperative agreements, shall 
     expand and coordinate the activities of the National 
     Institutes of Health and other relevant Federal agencies to 
     better determine the effects of cannabidiol and marihuana, as 
     outlined in the report submitted under paragraphs (1) and (2) 
     of subsection (a).

                         Subtitle C--GAO Study

     SEC. 25201. GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC 
                   SYSTEMS.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall carry 
     out, and submit to Congress a report describing the results 
     of, a study on the potential societal benefits of improving 
     the efficiency of traffic systems.
                                 ______
                                 
  SA 2575. Mr. CORNYN (for himself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        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 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.--Subject to subparagraph (C), 
     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 
     projects described in subparagraph (B), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, section 5309 or 
     6701 of title 49, United States Code, or section 3005(b) of 
     the FAST Act (49 U.S.C. 5309 note; Public Law 114-94), to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project receiving credit assistance 
     under the TIFIA program under chapter 6 of title 23, United 
     States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project that receives a grant under section 117 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 124 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(iv) A project eligible under section 133 of title 23, 
     United States Code.
       ``(v) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vi) A project eligible under section 148 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 149 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 151 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(ix) A project eligible under section 165 of title 23, 
     United States Code.
       ``(x) A project eligible under section 167 of title 23, 
     United States Code.

[[Page S5963]]

       ``(xi) A project eligible under section 173 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xii) A project eligible under section 175 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiii) A project eligible under section 176 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiv) A project eligible under section 202 of title 23, 
     United States Code.
       ``(xv) A project eligible under section 203 of title 23, 
     United States Code.
       ``(xvi) A project eligible under section 204 of title 23, 
     United States Code.
       ``(xvii) 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').
       ``(xviii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xix) A project that furthers the completion of a 
     designated route of the Appalachian Development Highway 
     System under section 14501 of title 40, United States Code.
       ``(xx) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xxi) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xxii) A project that receives a grant under section 5311 
     of title 49, United States Code.
       ``(xxiii) A project that receives a grant under section 
     5337 of title 49, United States Code.
       ``(xxiv) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xxv) A project that receives a grant under section 6703 
     of title 49, United States Code, as added by the 
     Infrastructure Investment and Jobs Act.
       ``(xxvi) 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.).
       ``(xxvii) A project eligible under the bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program under paragraph (1) under the heading `highway 
     infrastructure program' under the heading `Federal Highway 
     Administration' under the heading `DEPARTMENT OF 
     TRANSPORTATION' under title VIII of division J of the 
     Infrastructure Investment and Jobs Act.
       ``(C) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--Subject to clause (ii), the total amount 
     that a State, territory, or Tribal government may use from a 
     payment made under this section for uses described in 
     subparagraph (A) shall not exceed the greater of--

       ``(aa) [$10,000,000]; and
       ``(bb) [25] percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1)(D), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) Waiver of limitation.--At the request of a State, 
     territory, or Tribal government, the Secretary may allow the 
     State, territory, or Tribal government to use up to 50 
     percent of a payment made under this section for a use 
     described in subparagraph (A) if any of the following 
     criteria are met (as determined by the Secretary):

       ``(I) The projects involved are of significant economic 
     importance to the State, territory, or Tribal government.
       ``(II) The projects involved would enhance employment 
     opportunities for the State, territory, or Tribal government.
       ``(III) The projects involved would enhance the health and 
     safety of the public.
       ``(IV) The projects involved would enhance protections for 
     the environment.
       ``(V) The projects involved would enhance the capacity of 
     the metropolitan city, State, territory, or Tribal government 
     to respond to the COVID-19 crisis.
       ``(VI) The State, territory, or Tribal government suffered 
     a reduction in revenue (as determined under the interim final 
     rule issued by the Secretary on May 17, 2021, entitled 
     `Coronavirus State and Local Fiscal Recovery Funds' (86 Fed. 
     Reg. 26786)) of greater than 10 percent in calendar year 
     2020.

       ``(iii) 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 (xx) 
     through (xxiv) of subparagraph (B).
       ``(iv) Application of requirements.--Except as otherwise 
     provided in this section--

       ``(I) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of subparagraph (B) that relates to broadband 
     infrastructure;
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in 
     subparagraph (B); and
       ``(III) a State government receiving a payment under this 
     section may use funds provided under such payment for 
     projects described in clause (i) of subparagraph (B) that--

       ``(aa) demonstrate progress in achieving a state of good 
     repair as required by the State's asset management plan under 
     section 119(e) of title 23, United States Code; and
       ``(bb) support the achievement of 1 or more performance 
     targets of the State established under section 150 of title 
     23, United States Code.
       ``(v) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iv) 
     to the appropriate Federal agency.
       ``(D) 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, 2026.''; and
       (2) 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.--Subject to subparagraph (B), 
     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 projects described in subparagraph (B) 
     of section 602(c)(4), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, section 5309 or 
     6701 of title 49, United States Code, or section 3005(b) of 
     the FAST Act (49 U.S.C. 5309 note; Public Law 114-94), to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project receiving credit assistance 
     under the TIFIA program under chapter 6 of title 23, United 
     States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--Subject to clause (ii), the total amount 
     that a metropolitan city, nonentitlement unit of local 
     government, or county may use from a payment made under this 
     section for uses described in subparagraph (A) shall not 
     exceed the greater of--

       ``(aa) [$10,000,000]; and
       ``(bb) [25 percent] of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1)(D), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) Waiver of limitation.--At the request of a 
     metropolitan city, nonentitlement unit of local government, 
     or county, the Secretary may allow the metropolitan city, 
     nonentitlement unit of local government, or county to use up 
     to 50 percent of a payment made under this section for uses 
     described in subparagraph (A) if any of the following 
     criteria are met (as determined by the Secretary):

       ``(I) The projects involved are of significant economic 
     importance to the metropolitan city, nonentitlement unit of 
     local government, or county.
       ``(II) The projects involved would enhance employment 
     opportunities for the metropolitan city, nonentitlement unit 
     of local government, or county.
       ``(III) The projects involved would enhance the health and 
     safety of the public.
       ``(IV) The projects involved would enhance protections for 
     the environment.
       ``(V) The projects involved would enhance the capacity of 
     the metropolitan city, nonentitlement unit of local 
     government, or county to respond to the COVID-19 crisis.
       ``(VI) The metropolitan city, nonentitlement unit of local 
     government, or county suffered a reduction in revenue (as 
     determined under the interim final rule issued by the 
     Secretary on May 17, 2021, entitled `Coronavirus State and 
     Local Fiscal Recovery Funds' (86 Fed. Reg. 26786)) of greater 
     than 10 percent in calendar year 2020.

       ``(iii) 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 (xx) 
     through (xxiv) of section 602(c)(4)(B).
       ``(iv) Application of requirements.--Except as otherwise 
     provided in this section--

       ``(I) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of section 602(c)(4)(B) that relates to 
     broadband infrastructure; and
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section

[[Page S5964]]

     that are used for projects described in section 602(c)(4)(B).

       ``(v) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iv) 
     to the appropriate Federal agency.
       ``(C) 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, 2026.''.
       (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) Guidance and Effective Date.--
       (1) Guidance or rule.--Within 60 days of the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Transportation, shall 
     issue guidance or promulgate a rule to carry out this 
     section.
       (2) Effective date.--The amendments made by this section 
     shall take effect upon the issuance of guidance or the 
     promulgation of a rule described in paragraph (1).
       (d) Department of the Treasury Administrative Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the unobligated balances from amounts made available to 
     the Secretary of the Treasury (referred to in this subsection 
     as the ``Secretary'') for administrative expenses pursuant to 
     the provisions specified in paragraph (2) shall be available 
     to the Secretary (in addition to any other appropriations 
     provided for such purpose) for any administrative expenses of 
     the Department of the Treasury determined by the Secretary to 
     be necessary to respond to the coronavirus emergency, 
     including any expenses necessary to implement any provision 
     of--
       (A) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (B) division N of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260);
       (C) the American Rescue Plan Act (Public Law 117-2); or
       (D) title VI of the Social Security Act (42 U.S.C. 801 et 
     seq.).
       (2) Provisions specified.--The provisions specified in this 
     paragraph are the following:
       (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (B) Section 421(f)(2) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).
       (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
       (D) Section 602(a)(2) of the Social Security Act (42 U.S.C. 
     802(a)(2)).
                                 ______
                                 
  SA 2576. Mr. HAWLEY (for himself, Mr. Blunt, 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 division I, add the following:

     SEC. 90009. SAFETY REQUIREMENTS FOR AMPHIBIOUS PASSENGER 
                   VESSELS.

         (a) Safety Improvements.--
         (1) Buoyancy requirements.--Not later than 1 year after 
     the date of completion of a Coast Guard contracted assessment 
     by the National Academies of Sciences, Engineering, and 
     Medicine of the technical feasibility, practicality, and 
     safety benefits of providing reserve buoyancy through passive 
     means on amphibious passenger vessels, the Secretary of the 
     department in which the Coast Guard is operating may initiate 
     a rulemaking to prescribe in regulations that operators of 
     amphibious passenger vessels provide reserve buoyancy for 
     such vessels through passive means, including watertight 
     compartmentalization, built-in flotation, or such other means 
     as the Secretary may specify in the regulations, in order to 
     ensure that such vessels remain afloat and upright in the 
     event of flooding, including when carrying a full complement 
     of passengers and crew.
         (2) Interim requirements.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     initiate a rulemaking to implement interim safety policies or 
     other measures to require that operators of amphibious 
     passenger vessels operating in waters subject to the 
     jurisdiction of the United States, as defined in section 2.38 
     of title 33, Code of Federal Regulations (or a successor 
     regulation) comply with the following:
         (A) Remove the canopies of such vessels for waterborne 
     operations, or install in such vessels a canopy that does not 
     restrict either horizontal or vertical escape by passengers 
     in the event of flooding or sinking.
         (B) If the canopy is removed from such vessel pursuant to 
     subparagraph (A), require that all passengers don a Coast 
     Guard type-approved personal flotation device before the 
     onset of waterborne operations of such vessel.
         (C) Install in such vessels at least one independently 
     powered electric bilge pump that is capable of dewatering 
     such vessels at the volume of the largest remaining 
     penetration in order to supplement the vessel's existing 
     bilge pump required under section 182.520 of title 46, Code 
     of Federal Regulations (or a successor regulation).
         (D) Verify the watertight integrity of such vessel in the 
     water at the outset of each waterborne departure of such 
     vessel.
         (b) Regulations Required.--Not later than 2 years after 
     the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     initiate a rulemaking for amphibious passenger vessels 
     operating in waters subject to the jurisdiction of the United 
     States, as defined in section 2.38 of title 33, Code of 
     Federal Regulations (or a successor regulation). The 
     regulations shall include, at a minimum, the following:
         (1) Severe weather emergency preparedness.--Requirements 
     that an operator of an amphibious passenger vessel--
         (A) check and notate in the vessel's logbook the National 
     Weather Service forecast before getting underway and 
     periodically while underway;
         (B) in the case of a watch or warning issued for wind 
     speeds exceeding the wind speed equivalent used to certify 
     the stability of an amphibious passenger vessel, proceed to 
     the nearest harbor or safe refuge; and
         (C) maintain and monitor a weather monitor radio receiver 
     at the operator station that may be automatically activated 
     by the warning alarm device of the National Weather Service.
         (2) Passenger safety.--Requirements--
         (A) concerning whether personal flotation devices should 
     be required for the duration of an amphibious passenger 
     vessel's waterborne transit, which shall be considered and 
     determined by the Secretary;
         (B) that operators of amphibious passenger vessels inform 
     passengers that seat belts may not be worn during waterborne 
     operations;
         (C) that before the commencement of waterborne 
     operations, a crew member visually check that each passenger 
     has unbuckled the passenger's seatbelt; and
         (D) that operators or crew maintain a log recording the 
     actions described in subparagraphs (B) and (C).
         (3) Training.--Requirement for annual training for 
     operators and crew of amphibious passengers vessels, 
     including--
         (A) training for personal flotation and seat belt 
     requirements, verifying the integrity of the vessel at the 
     onset of each waterborne departure, identification of weather 
     hazards, and use of National Weather Service resources prior 
     to operation; and
         (B) training for crewmembers to respond to emergency 
     situations, including flooding, engine compartment fires, man 
     overboard situations, and in water emergency egress 
     procedures.
         (4) Recommendations from reports.--Requirements to 
     address recommendations from the following reports, as 
     practicable and to the extent that such recommendations are 
     under the jurisdiction of the Coast Guard:
         (A) The National Transportation Safety Board's Safety 
     Recommendation Reports on the Amphibious Passenger Vessel 
     incidents in Table Rock, Missouri, Hot Springs, Arkansas, and 
     Seattle, Washington.
         (B) The Coast Guard's Marine Investigation Board reports 
     on the Stretch Duck 7 sinkings at Table Rock, Missouri, and 
     the Miss Majestic sinking near Hot Springs, Arkansas.
         (5) Interim requirements.--The interim requirements 
     described in subsection (a)(2), as appropriate.
         (c) Prohibition on Operation of Noncompliant Vessels.--
     Commencing as of the date specified by the Secretary of the 
     department in which the Coast Guard is operating pursuant to 
     subsection (d), any amphibious passenger vessel whose 
     configuration or operation does not comply with the 
     requirements under subsection (a)(2) (or subsection (a)(1), 
     if prescribed) may not operate in waters subject to the 
     jurisdiction of the United States, as defined in section 2.38 
     of title 33, Code of Federal Regulations (or a successor 
     regulation).
         (d) Deadline for Compliance.--The regulations and interim 
     requirements described in subsections (a) and (b) shall 
     require compliance with the requirements in the regulations 
     not later than 2 years after the date of enactment of this 
     Act, as the Secretary of the department in which the Coast 
     Guard is operating may specify in the regulations.
         (e) Report.--Not later than 180 days after the 
     promulgation of the regulations required under subsection 
     (a), the Commandant of the Coast Guard shall provide a report 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives regarding the 
     status of the implementation of the requirements included in 
     such regulations.
                                 ______
                                 
  SA 2577. 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.

[[Page S5965]]

Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds 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--ENERGY AND RESILIENCY FOR FEDERAL BUILDINGS

     SEC. 41301. SHORT TITLE.

       This title may be cited as the ``GSA Resilient, Energy 
     Efficient, and Net-Zero Building Jobs Act of 2021'' or the 
     ``GREEN Building Jobs Act of 2021''.

     SEC. 41302. FEDERAL BUILDING LEASING.

       (a) In General.--Section 435 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17091) is amended to read as 
     follows:

     ``SEC. 435. LEASING.

       ``(a) Definition of Lessor.--In this section, the term 
     `lessor' means any individual, firm, partnership, limited 
     liability company, trust, association, State, unit of local 
     government, or legal entity that is the rightful owner of a 
     property leased to the Federal Government.
       ``(b) Leasing Requirements.--
       ``(1) In general.--Except as provided in subsection (c), 
     effective beginning on the date that is 1 year after the date 
     of enactment of the GREEN Building Jobs Act of 2021, no 
     Federal agency shall enter into a contract to lease space 
     unless--
       ``(A) the space is for a building or space in a building 
     that--
       ``(i) in the most recent year, has earned the Energy Star 
     label under the Energy Star program established by section 
     324A of the Energy Policy and Conservation Act (42 U.S.C. 
     6294a); and
       ``(ii) has obtained or will obtain as a required 
     performance specification a green building certification 
     consistent with recommendations of the Administrator based on 
     the review of high-performance building certification systems 
     carried out by the Administrator pursuant to section 436(h); 
     and
       ``(B) the contract includes--
       ``(i) a requirement for the lessor of the building to 
     disclose data on consumption of utilities (energy and 
     water)--

       ``(I) for the portion of the building occupied by the 
     agency; and
       ``(II) that is provided by the lessor through submetering 
     or an alternative method identified by the Administrator for 
     buildings lacking submeters; and

       ``(ii) 1 or more mechanisms to ensure that the lessor of 
     the building takes reasonable steps to maintain the 
     requirements of the building described in subparagraph (A).
       ``(2) Location.--In determining the geographic location of 
     a space to lease under paragraph (1), the Administrator shall 
     not use as a criterion the presence or absence of buildings 
     in that location that have an Energy Star label described in 
     paragraph (1)(A)(i) or a green building certification 
     described in paragraph (1)(A)(ii).
       ``(c) Waiver.--
       ``(1) In general.--Subject to paragraph (2), a Federal 
     agency may enter into a contract to lease space that does not 
     meet a requirement described in clause (i) or (ii) of 
     subsection (b)(1)(A) if--
       ``(A) no other space is available that can meet that 
     requirement within a reasonable period and meet the 
     functional requirements of the agency, including locational 
     needs;
       ``(B) the agency proposes to remain in a building or a 
     space in a building--
       ``(i) that the agency has occupied previously; and
       ``(ii) less than 50 percent of the leasable space of which 
     is leased by the Federal Government;
       ``(C) the agency proposes to lease a building or space in a 
     building of historical, architectural, or cultural 
     significance (as defined in section 3306(a) of title 40, 
     United States Code); or
       ``(D) the lease is for not more than 10,000 gross square 
     feet of space in a building less than 50 percent of the 
     leasable space of which is leased by the Federal Government.
       ``(2) Waiver approval.--
       ``(A) In general.--A Federal agency may enter into a 
     contract under paragraph (1) if--
       ``(i)(I) the agency submits a request to the Federal 
     Director of the Office of Federal High-Performance Green 
     Buildings indicating the basis for the request under 
     paragraph (1); and
       ``(II) the Federal Director of that Office approves the 
     request; and
       ``(ii) in the case of a waiver under subparagraph (A), (B), 
     or (C) of paragraph (1), the contract includes the 
     requirements described in subparagraph (B)(ii), which--

       ``(I) in the case of a waiver under subparagraph (A) of 
     that paragraph, shall be required to be implemented prior to 
     occupancy of the building or space in the building by the 
     Federal agency; and
       ``(II) in the case of a waiver under subparagraph (B) or 
     (C) of that paragraph, shall be required to be implemented 
     not later than 1 year after the Federal agency signs the 
     contract.

       ``(B) Contract requirements.--
       ``(i) Definition of nonbenchmarked space.--In this 
     subparagraph, the term `nonbenchmarked space' means a 
     building or space in a building for which owners cannot 
     access whole building utility consumption data, including 
     buildings--

       ``(I) that are located in States that do not require 
     utilities to provide, and utilities do not provide, such 
     aggregated information to multitenant building owners; and
       ``(II) the tenants of which do not provide energy 
     consumption information to the commercial building owner in 
     response to a request from that owner.

       ``(ii) Requirements.--The requirements referred to in 
     subparagraph (A)(ii) are the following:

       ``(I) The building or space in a building--

       ``(aa) meets the requirement described in subsection 
     (b)(1)(A)(i); or
       ``(bb) is renovated for all feasible energy efficiency and 
     conservation improvements that will be cost effective over 
     the life of the lease (including any optional and reasonably 
     anticipated extensions or renewals of the lease), including 
     improvements in lighting, windows, heating, ventilation, and 
     air conditioning systems and controls.

       ``(II) The building or space in a building is--

       ``(aa) benchmarked under a nationally recognized, online, 
     and free benchmarking program, and the benchmark is publicly 
     disclosed; or
       ``(bb) a nonbenchmarked space.

       ``(III) In the case of a building or space in a building 
     that is a nonbenchmarked space, the Federal agency provides 
     to the building owner, or authorizes the owner to obtain from 
     the utility, the energy consumption data of the space to 
     enable benchmarking of the building.

       ``(C) Incorporation of assistance into lease.--In the case 
     of a contract to lease space that receives a waiver under 
     paragraph (1)(A), the Administrator may--
       ``(i) include in the relevant lease procurement documents a 
     statement about the availability of financial incentives and 
     technical assistance under the pilot program established 
     under subsection (g); or
       ``(ii)(I) incorporate into the terms of the lease with the 
     lessor any financial incentive or technical assistance 
     provided to that lessor under that pilot program; and
       ``(II) if subclause (I) is carried out, extend the deadline 
     required under subparagraph (A)(ii)(I).
       ``(d) Revision of Federal Regulations.--Not later than 1 
     year after the date of enactment of the GREEN Building Jobs 
     Act of 2021, the Administrator shall revise Part 102-73(c) of 
     the Federal Management Regulation and Part 570 of the General 
     Services Administration Acquisition Manual, as appropriate, 
     to reflect the requirements of this section.
       ``(e) Report.--The Administrator shall annually publish on 
     the website of the General Services Administration a report 
     on the aggregate compliance of all leased buildings and 
     spaces in buildings held by the General Services 
     Administration with the most recent version of the Guiding 
     Principles for Sustainable Federal Buildings.
       ``(f) Compliance Improvement.--Not later than 180 days 
     after the date of enactment of the GREEN Building Jobs Act of 
     2021, the Administrator shall develop and implement a policy 
     to improve lessor compliance with energy efficiency 
     provisions of leases, including by considering a variety of 
     approaches.
       ``(g) Incentive Pilot Program.--
       ``(1) In general.--The Administrator shall establish a 
     pilot program to provide financial incentives for lessors to 
     achieve an Energy Star label under the Energy Star program 
     established by section 324A of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294a) in a building--
       ``(A) in which space is leased to a Federal agency; and
       ``(B)(i) in which the total space leased by the Federal 
     Government is less than 50 percent of the leasable space of 
     the building;
       ``(ii) that is of historical, architectural, or cultural 
     significance (as defined in section 3306(a) of title 40, 
     United States Code); or
       ``(iii) for which a waiver is granted under subsection 
     (c)(1)(A).
       ``(2) Diversity.--In carrying out the pilot program 
     established under paragraph (1), the Administrator shall 
     ensure--
       ``(A) a diversity in the buildings and spaces owned by 
     lessors provided financial assistance under that paragraph, 
     including buildings with multiple, separate leases that 
     individually do not trigger requirements under this Act; and
       ``(B) geographical diversity, including the representation 
     of rural areas.
       ``(3) Technical assistance.--As part of the pilot program 
     established under paragraph (1), the Administrator may 
     provide technical assistance, directly or through contracts, 
     to lessors receiving financial assistance under that pilot 
     program.
       ``(4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator $50,000,000 to carry 
     out this subsection, to remain available until expended.''.
       (b) Report on Realty Services.--Section 102(b) of the 
     Better Buildings Act of 2015 (42 U.S.C. 17062(b)) is amended 
     by adding at the end the following:
       ``(5) Report.--Not later than 90 days after the date of 
     enactment of the GREEN Building Jobs Act of 2021, the 
     Administrator shall submit to Congress, and make publicly 
     available on the website of the General Services 
     Administration, a report on the implementation of paragraph 
     (3), including--
       ``(A) the results of the policies and practices described 
     in that paragraph, including the number of leases 
     implementing the measures described in that paragraph;
       ``(B) a description of any barriers to achieving greater 
     energy and water efficiency; and
       ``(C) recommendations to address those barriers.''.

[[Page S5966]]

  


     SEC. 41303. ENERGY AND WATER EFFICIENCY, NET-ZERO, AND ZERO 
                   EMISSION VEHICLE INFRASTRUCTURE GOALS.

       (a) In General.--Subtitle C of title IV of the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1607) is amended by adding at the end the 
     following:

     ``SEC. 442. ENERGY AND WATER EFFICIENCY GOALS.

       ``(a) Establishment.--Subject to subsections (b), (c), and 
     (d), the Administrator shall, for each of fiscal years 2021 
     through 2030--
       ``(1) reduce average building energy intensity (as measured 
     in British thermal units per gross square foot) at GSA 
     facilities by 2.5 percent each fiscal year so that the 
     average building energy intensity of GSA facilities is 
     reduced by 25 percent or greater by 2030, relative to the 
     average building energy intensity of GSA facilities in fiscal 
     year 2018;
       ``(2) improve water use efficiency and management at GSA 
     facilities by reducing average potable water consumption 
     intensity (as measured in gallons per gross square foot)--
       ``(A) by 54 percent by fiscal year 2030, relative to the 
     average water consumption of GSA facilities in fiscal year 
     2007; and
       ``(B) through reductions of 2 percent each fiscal year;
       ``(3) reduce industrial, landscaping, and agricultural 
     water consumption at GSA facilities (as measured in 
     gallons)--
       ``(A) by 20 percent by fiscal year 2030, relative to the 
     industrial, landscaping, and agricultural water consumption 
     of GSA facilities in fiscal year 2018; and
       ``(B) through reductions of 2 percent each fiscal year; and
       ``(4) to the maximum extent practicable, carry out 
     paragraphs (1) through (3) in a manner that is lifecycle cost 
     effective.
       ``(b) Energy and Water Intensive Facility Exclusions.--
       ``(1) In general.--The Administrator may exclude from the 
     requirements under paragraph (1) or (2) of subsection (a), as 
     applicable, any GSA facility in which energy- or water-
     intensive activities are carried out.
       ``(2) Report.--The Administrator shall include in the 
     report submitted to the Secretary under section 548(a) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8258(a)) a 
     list identifying each GSA facility excluded under paragraph 
     (1) and a statement of whether the exclusion is on the basis 
     of energy-intensive activities, water-intensive activities, 
     or both energy- and water-intensive activities.
       ``(c) Alternative Metric for Measuring Potable Water 
     Consumption Intensity.--
       ``(1) In general.--The Administrator may develop an 
     alternative metric for measuring potable water consumption 
     intensity under subsection (a)(2), including by using 
     occupancy, building use type, or other attributes relevant to 
     potable water use and potential for efficiency.
       ``(2) Original metric.--If the Administrator develops an 
     alternative metric under paragraph (1), the Administrator 
     shall not cease tracking and reporting potable water 
     consumption intensity in gallons per gross square foot.
       ``(d) Stringent Goals.--In the case of a conflict between a 
     goal established under subsection (a) and a Federal energy or 
     water intensity goal established pursuant to any other 
     Federal law with respect to GSA facilities, the Administrator 
     shall apply the more stringent goal.
       ``(e) Private Sector Financing Priority.--
       ``(1) In general.--In carrying out this section, the 
     Administrator shall prioritize projects in which Federal 
     funds will be used to leverage private sector financing using 
     public-private partnerships, including through energy savings 
     performance contracts and other mechanisms.
       ``(2) Analysis.--The Administrator shall select priority 
     projects under paragraph (1) on the basis of analysis that 
     ensures a maximum beneficial use of private finance for the 
     project.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $500,000,000 to carry 
     out this section and section 443, to remain available until 
     expended, including--
       ``(1) to supplement project budgets beyond cost-effective 
     and minimum efficiency requirements;
       ``(2) for onsite or community renewable energy and energy 
     storage and other approaches to reduce total carbon 
     footprints of GSA facilities;
       ``(3) to achieve embodied carbon reductions on new 
     construction and major renovation projects; and
       ``(4) for pilot testing of new construction and retrofit 
     technologies that may help achieve net-zero energy and net-
     zero carbon (as those terms are defined in section 443(a)).

     ``SEC. 443. NET-ZERO GOALS.

       ``(a) Definitions.--In this section:
       ``(1) Allowed carbon offset.--The term `allowed carbon 
     offset' means an allowed carbon offset as defined by the 
     Federal Director of the Office of Federal High-Performance 
     Green Buildings in consultation with the Administrator of the 
     Environmental Protection Agency.
       ``(2) Allowed offsite renewable energy source.--The term 
     `allowed offsite renewable energy source' means an allowed 
     offsite renewable energy source as defined by the Federal 
     Director of the Office of Federal High-Performance Green 
     Buildings in consultation with the Administrator of the 
     Environmental Protection Agency--
       ``(A) including requirements for district energy systems, 
     community sources, and purchase options; and
       ``(B) taking into consideration an efficiency-first 
     strategy, optimization of carbon impact, and ensuring 
     accountability.
       ``(3) Net-zero carbon.--
       ``(A) In general.--The term `net-zero carbon' means, with 
     respect to a highly energy-efficient building (as determined 
     by the Administrator in consultation with the Administrator 
     of the Environmental Protection Agency) or group of highly 
     energy-efficient buildings, a building or group of buildings 
     of which, for not less than 1 year, the carbon emissions 
     resulting from building operations, as described in 
     subparagraph (B), are equal to or less than the carbon 
     emissions reduced or offset, as described in subparagraph 
     (C).
       ``(B) Carbon emissions from building operations.--Carbon 
     emissions resulting from building operations--
       ``(i) shall include carbon related to energy consumption 
     from onsite and offsite sources; and
       ``(ii) may include other sources of emissions, such as 
     occupant transportation, water, waste, refrigerants, and 
     embodied carbon of materials.
       ``(C) Carbon emissions reduced or offset.--Carbon emissions 
     reduced or offset--
       ``(i) shall include carbon--

       ``(I) associated with exports of renewable energy generated 
     on site; and
       ``(II) substantiated with ownership of renewable energy 
     certificates; and

       ``(ii) may include--

       ``(I) allowed offsite renewable energy sources 
     substantiated with renewable energy certificates; and
       ``(II) allowed carbon offsets.

       ``(4) Net-zero energy.--
       ``(A) In general.--The term `net-zero energy' means, with 
     respect to a highly energy-efficient building (as determined 
     by the Administrator in consultation with the Administrator 
     of the Environmental Protection Agency), a building for 
     which, on a source energy basis, the annual delivered energy 
     is less than or equal to the sum obtained by adding the 
     onsite renewable exported energy and the allowed offsite 
     renewable energy sources, as substantiated with renewable 
     energy certificates.
       ``(B) Inclusion.--A highly energy-efficient building is 
     net-zero energy if it is located within a group of buildings 
     for which, when treated as a unit, on a source energy basis, 
     the annual delivered energy is less than or equal to the sum 
     obtained by adding the onsite renewable exported energy and 
     the allowed offsite renewable energy sources, as 
     substantiated with renewable energy certificates.
       ``(5) Net-zero waste building.--Unless otherwise defined by 
     the Federal Director of the Office of Federal High-
     Performance Green Buildings, the term `net-zero waste 
     building' means a building operated to reduce, reuse, 
     recycle, compost, or recover solid waste streams that result 
     in zero waste disposal to landfills or incinerators (except 
     for hazardous and medical waste).
       ``(6) Net-zero water building.--
       ``(A) In general.--Unless otherwise defined by the Federal 
     Director of the Office of Federal High-Performance Green 
     Buildings, the term `net-zero water building' means a 
     building that--
       ``(i) maximizes alternative water sources;
       ``(ii) minimizes wastewater discharge; and
       ``(iii) returns water to the original water source such 
     that, for a 1-year period, the water consumption volume is 
     equivalent to the sum obtained by adding the volume of 
     alternative water use and the water returned to the original 
     source during that 1-year period.
       ``(B) Inclusion.--A building is a net-zero water building 
     if it is located within a group of buildings that, when 
     treated as a unit, meet the requirements described in clauses 
     (i) through (iii) of subparagraph (A).
       ``(7) Scope 1 greenhouse gas emissions.--The term `scope 1 
     greenhouse gas emissions' means direct emissions from sources 
     that are owned or controlled by a Federal agency, including--
       ``(A) emissions from generation of electricity;
       ``(B) emissions from combustion of fuel for heating, 
     cooling, or steam;
       ``(C) emissions from mobile sources;
       ``(D) fugitive emissions; and
       ``(E) process emissions.
       ``(8) Scope 2 greenhouse gas emissions.--The term `scope 2 
     greenhouse gas emissions' means indirect emissions resulting 
     from the generation of electricity, heat, or steam purchased 
     by a Federal agency.
       ``(b) Establishment.--Subject to subsection (c), the 
     Administrator shall--
       ``(1) for each of fiscal years 2021 through 2030, reduce 
     aggregate portfolio-wide scope 1 greenhouse gas emissions and 
     scope 2 greenhouse gas emissions (as measured in MTCO2-
     equivalents) at GSA facilities by at least 4 percent each 
     fiscal year, so that the aggregate portfolio-wide scope 1 
     greenhouse gas emissions and scope 2 greenhouse gas emissions 
     are reduced by not less than 40 percent by fiscal year 2030 
     relative to the aggregate portfolio-wide scope 1 greenhouse 
     gas emissions and scope 2 greenhouse gas emissions at GSA 
     facilities in fiscal year 2018; and
       ``(2) ensure that, in the case of the construction of a new 
     GSA facility with more than 10,000 gross square feet--
       ``(A) for which a prospectus is submitted during the period 
     of fiscal years 2021 through 2025, not less than 50 percent 
     of cumulative gross floor area and not less than 25 percent

[[Page S5967]]

     of cumulative building projects are designed to perform as 
     net-zero energy buildings in operation, and, if feasible, 
     net-zero carbon buildings, net-zero water buildings, and net-
     zero waste buildings;
       ``(B) for which a prospectus is submitted during the period 
     of fiscal years 2026 through 2030, not less than 90 percent 
     of cumulative gross floor area and not less than 45 percent 
     of cumulative building projects are designed to perform as 
     net-zero energy buildings in operation and, if feasible, net-
     zero carbon buildings, net-zero water buildings, and net-zero 
     waste buildings; and
       ``(C) for which a prospectus is submitted in fiscal year 
     2031 or any fiscal year thereafter, not less than 100 percent 
     of cumulative gross floor area and not less than 100 percent 
     of cumulative building projects are designed to perform as 
     net-zero energy buildings in operation and, if feasible, net-
     zero carbon buildings, net-zero water buildings, and net-zero 
     waste buildings.
       ``(c) Building Exclusion.--
       ``(1) In general.--The Administrator may exclude from the 
     requirements of subsection (b)(1) any new GSA facility for 
     which net-zero energy is technically infeasible.
       ``(2) Report.--The Administrator shall include in the 
     report submitted to the Secretary under section 548(a) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8258(a)) a 
     list identifying each GSA facility excluded under paragraph 
     (1).
       ``(d) Innovative Building Technologies.--In carrying out 
     subsection (b), the Administrator may use lifecycle cost 
     effective (including the cost of carbon) innovative building 
     technologies, including onsite energy storage, all-electric 
     buildings, building-grid integration technologies, electric 
     construction vehicles, and other technologies.
       ``(e) Private Sector Financing Priority.--In carrying out 
     renovation projects under this section, the Administrator 
     shall prioritize projects in which Federal funds will be used 
     to leverage private sector financing using public-private 
     partnerships, including through energy savings performance 
     contracts and other mechanisms.
       ``(f) Funds.--The Administrator shall use a portion of the 
     funds made available under section 442(f) to carry out this 
     section.

     ``SEC. 444. ZERO EMISSION VEHICLE INFRASTRUCTURE GOALS.

       ``(a) Annual Goals.--The Administrator shall--
       ``(1) develop annual goals for deployment of zero emission 
     vehicle infrastructure, including electric vehicle supply 
     equipment, at GSA facilities such that by December 31, 2030, 
     at least 50 percent of GSA facilities with 200 or more daily 
     employees and visitors offer zero emission vehicle charging 
     or fueling; and
       ``(2) develop guidance to ensure progress towards those 
     annual goals.
       ``(b) Plan.--The Administrator shall prepare a detailed 
     plan--
       ``(1) to achieve the goals described in subsection (a)(1); 
     and
       ``(2) that--
       ``(A) identifies particular GSA facilities or campuses as 
     priority facilities or campuses, as applicable, at which to 
     achieve those goals, including by considering demand for zero 
     emission vehicle charging and fueling, locations of zero 
     emission vehicle fleets of the General Services 
     Administration and tenant Federal agencies, locations 
     relevant to State zero emission vehicle charging and fueling 
     needs, geographical gaps in zero emission vehicle charging 
     infrastructure, availability of incentives, and other 
     factors; and
       ``(B) includes a requirement that all applicable electric 
     vehicle supply equipment is certified under the Energy Star 
     program established by section 324A of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294a).
       ``(c) Inclusion in Projects.--The Administrator shall, to 
     the maximum extent practicable, ensure that appropriate zero 
     emission vehicle infrastructure, including electric vehicle 
     supply equipment and electric vehicle infrastructure, are 
     included in, with respect to a GSA facility--
       ``(1) any prospectus for a construction, alteration, or 
     lease project;
       ``(2) any prospectus for an alteration of a leased 
     building;
       ``(3) any contract for parking lot paving or repaving; and
       ``(4) any other appropriate project.
       ``(d) Private Sector Financing.--In carrying out this 
     section, the Administrator is encouraged to use funds to 
     leverage private sector financing if doing so is advantageous 
     to the General Services Administration.
       ``(e) Report.--Not later than 2 years after the date of 
     enactment of this section, the Administrator shall submit to 
     Congress a report describing the progress made in meeting the 
     goals described in subsection (a)(1).
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $50,000,000--
       ``(1) to achieve the zero emission vehicle infrastructure 
     goals developed under subsection (a)(1), including through 
     projects in support of those goals; and
       ``(2) for the cost of any additional employees, 
     contractors, and training needed to support those goals.

     ``SEC. 445. DEEP ENERGY RETROFIT GOALS.

       ``(a) Definition of Deep Energy Retrofit Project.--In this 
     section, the term `deep energy retrofit project' means a 
     project that--
       ``(1) reduces the energy consumption of a GSA facility by 
     not less than 35 percent as compared to the energy 
     consumption of the GSA facility before the project;
       ``(2) moves a facility toward net-zero energy (as defined 
     in section 443(a)); and
       ``(3) may include water efficiency and distributed energy 
     resources.
       ``(b) Establishment.--Subject to the availability of 
     appropriated funds, the Administrator shall, for each of 
     fiscal years 2021 through 2030, obligate funds for deep 
     energy retrofit projects that, in total, are carried out at 
     not less than 3 percent of GSA facilities, which shall 
     represent not less than 5 percent of the total square footage 
     of all GSA facilities.
       ``(c) Renovations.--The Administrator shall--
       ``(1) seek to coordinate deep energy retrofit projects with 
     other building renovations and capital projects; and
       ``(2) in conducting preplanning for a prospective capital 
     project, evaluate the appropriateness, and the costs and 
     benefits, of including a deep energy retrofit project.
       ``(d) Private Sector Financing Priority.--
       ``(1) In general.--In carrying out this section, the 
     Administrator shall prioritize projects in which Federal 
     funds will be used to leverage private sector financing using 
     public-private partnerships, including through energy savings 
     performance contracts and other mechanisms.
       ``(2) Analysis.--The Administrator shall select priority 
     projects under paragraph (1) on the basis of analysis that 
     ensures a maximum beneficial use of private finance for the 
     project.''.
       (b) Clerical Amendment.--The table of contents for the 
     Energy Independence and Security Act of 2007 (Public Law 110-
     140; 121 Stat. 1494) is amended by adding after the item 
     relating to section 441 the following:

``Sec. 442. Energy and water efficiency goals.
``Sec. 443. Net-zero goals.
``Sec. 444. Zero emission vehicle infrastructure goals.
``Sec. 445. Deep energy retrofit goals.''.

     SEC. 41304. RESILIENT AND HEALTHY BUILDINGS.

       (a) In General.--Subtitle C of title IV of the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1607) (as amended by section 41303(a)) is amended 
     by adding at the end the following:

     ``SEC. 446. RESILIENT AND HEALTHY BUILDINGS.

       ``(a) Definitions.--In this section:
       ``(1) Flood risk area.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `flood risk area' means--
       ``(i) an area delineated by an elevation of 2 feet above 
     the 100-year floodplain; and
       ``(ii) an area delineated by an elevation equal to the 500-
     year floodplain.
       ``(B) Climate science.--In applying the definition of the 
     term `flood risk area' for purposes of carrying out this 
     section, the Administrator shall consider current climate 
     science in identifying the elevation of the 100-year and 500-
     year floodplain.
       ``(2) Resilience.--The term `resilience' means the ability 
     to adapt to changing conditions and withstand and rapidly 
     recover from disruption due to an emergency.
       ``(b) Flood Protection.--For any construction or 
     rehabilitation project administered by the Administrator, the 
     Administrator shall--
       ``(1) determine whether there is a flood risk area in the 
     location of the project; and
       ``(2) in the case of a positive determination under 
     paragraph (1)--
       ``(A) to the extent possible, avoid new construction in the 
     flood risk area; and
       ``(B) if new construction cannot be avoided under 
     subparagraph (A)--
       ``(i) ensure that the new construction will--

       ``(I) raise all essential services 5 feet above the 
     applicable floodplain; and
       ``(II) include a design for quick recovery in a flooding 
     event;

       ``(ii) rehabilitate existing buildings located in the flood 
     risk area to better withstand flood risk; and
       ``(iii) develop a flood vulnerability assessment and 
     mitigation plan to protect life and property.
       ``(c) Resilience Metrics.--The Administrator shall--
       ``(1) pilot test metrics to measure and improve the 
     resilience of GSA facilities, including the physical aspects 
     of the facilities, the health and wellness of occupants of 
     the facilities, and communities and systems serving or served 
     by the facilities; and
       ``(2) in carrying out paragraph (1), consider emerging 
     resilience tools and rating systems for resilience, including 
     building-grid optimization.
       ``(d) Green Infrastructure.--The Administrator shall 
     prioritize the use of appropriate green infrastructure 
     features on federally owned property--
       ``(1) to improve stormwater and wastewater management;
       ``(2) to alleviate onsite and offsite flooding and water 
     quality impacts; and
       ``(3) to reduce and mitigate risks of climate change to GSA 
     facilities and proximate communities.
       ``(e) Operating Buildings for Health.--
       ``(1) Metrics and data.--The Administrator shall--
       ``(A) implement human-centric metrics and measurement tools 
     to improve the indoor environmental qualities, including air 
     and water quality, that support improved health and wellness 
     of Federal employees; and
       ``(B) collect, manage, and analyze the data generated by 
     the metrics and tools implemented under subparagraph (A).

[[Page S5968]]

       ``(2) Strategic plan.--Not later than 1 year after the date 
     of enactment of the GREEN Building Jobs Act of 2021, the 
     Administrator shall develop and make publicly available a 
     strategic plan for the design, construction, and operation of 
     GSA facilities that--
       ``(A) is based on the data described in paragraph (1)(B);
       ``(B) provides for implementation of priority practices by 
     the end of fiscal year 2022; and
       ``(C) may provide for phased implementation of additional 
     effective practices.
       ``(3) Administration.--In carrying out paragraphs (1) and 
     (2), the Administrator shall--
       ``(A) consider emerging occupant-centric environmental 
     health monitoring tools and building control systems for 
     improved health and wellness, including approaches such as 
     measurement of accumulated daily circadian light dosage, 
     surveys of occupant satisfaction and perceptions, assessments 
     of physical activity, social interaction, and mobility, and 
     measurement of reduced exposure to contaminants in air and 
     drinking water;
       ``(B) incorporate strategies to reduce risk of transmission 
     of viruses and other pathogens; and
       ``(C)(i) benchmark health and well-being management 
     performance to leadership standards; and
       ``(ii) include in certification activities the strategies 
     and performance measures considered and used under this 
     subsection as tools to monitor and improve outcomes.
       ``(f) Guidance; Training.--The Administrator, acting 
     through the Federal Director of the Office of Federal High-
     Performance Green Buildings, may issue guidance and provide 
     training to implement this section.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $300,000,000 to carry 
     out this section, to remain available until expended.''.
       (b) Clerical Amendment.--The table of contents for the 
     Energy Independence and Security Act of 2007 (Public Law 110-
     140; 121 Stat. 1494) (as amended by section 41303(b)) is 
     amended by adding after the item relating to section 445 the 
     following:

``Sec. 446. Resilient and healthy buildings.''.

     SEC. 41305. FEDERAL BUILDING IMPROVEMENTS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of General Services.
       (2) GSA facility.--The term ``GSA facility'' has the 
     meaning given the term in section 401 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17061).
       (b) Energy Efficiency Improvements.--
       (1) In general.--The Administrator shall carry out energy 
     efficiency improvements to GSA facilities, including--
       (A) actionable energy projects--
       (i) identified in the most recent energy and water 
     evaluation for a facility conducted--

       (I) under section 543(f)(3) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8253(f)(3)); and
       (II) prior to 2020; and

       (ii) that are life-cycle cost-effective;
       (B) additional measures to support the goals of each of 
     sections 442 through 444 of the Energy Independence and 
     Security Act of 2007 (Public Law 110-140);
       (C) additional measures to support activities under section 
     445 of the Energy Independence and Security Act of 2007 
     (Public Law 110-140); and
       (D) combining projects to reduce cost, administration, or 
     implementation time, or otherwise add value.
       (2) Leveraging private sector funds.--
       (A) In general.--In carrying out improvements under 
     paragraph (1) in a fiscal-year period, the Administrator 
     shall, to the maximum extent practicable, use not less than 
     the amount made available under paragraph (3) for that fiscal 
     year to leverage private sector financing using public-
     private partnerships, including through energy savings 
     performance contracts and other mechanisms.
       (B) Performance requirement.--Any public-private 
     partnership entered into pursuant to subparagraph (A) shall 
     include a performance component that ensures effective use of 
     funds, lasting energy and cost savings, and job creation.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection $1,000,000,000, to remain available until 
     expended.

     SEC. 41306. LONG-TERM CONTRACTS FOR RENEWABLE ENERGY.

       (a) Definitions.--In this section:
       (1) Cogeneration facility.--The term ``cogeneration 
     facility'' has the meaning given the term in section 3 of the 
     Federal Power Act (16 U.S.C. 796).
       (2) Renewable energy source.--The term ``renewable energy 
     source'' has the meaning given the term ``renewable energy'' 
     in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 
     15852(b)).
       (b) Contracts.--
       (1) In general.--The Administrator of General Services may 
     enter into a contract for the acquisition of energy generated 
     from renewable energy sources or from cogeneration 
     facilities.
       (2) Renewable energy certificates.--In entering into a 
     contract under paragraph (1), the Administrator of General 
     Services shall--
       (A) include in the contract the acquisition of renewable 
     energy certificates; or
       (B) secure by other means renewable energy certificates of 
     equal term and quantity to the term and quantity of energy 
     procured under the contract.
       (3) Term of contract.--Notwithstanding section 501(b)(1)(B) 
     of title 40, United States Code, the term of a contract 
     entered into under this subsection shall be not more than 30 
     years.

     SEC. 41307. RECOMMENDATIONS.

       (a) Definition of Administrator.--In this section, the term 
     ``Administrator'' means the Administrator of General 
     Services, acting through the Federal Director of the Office 
     of High-Performance Green Buildings.
       (b) Sustainability and Resilience.--The Administrator, in 
     consultation with the Secretary of Health and Human Services, 
     the Secretary of Homeland Security, the Administrator of the 
     Federal Emergency Management Agency, the Secretary of 
     Veterans Affairs, the Administrator of the Environmental 
     Protection Agency, the Secretary, and the Chair of the 
     Council on Environmental Quality, shall develop 
     recommendations for sustainability and resilience at 
     hospitals and health care facilities, including by--
       (1) incorporating building and health sciences research 
     related to health and wellness;
       (2) identifying relevant metrics;
       (3) prioritizing proven strategies;
       (4) referencing, as appropriate, criteria in the Guiding 
     Principles for Sustainable Federal Buildings; and
       (5) developing corresponding recommended contract 
     provisions and other templates for use in procurement.
       (c) Compliance With Guiding Principles for Sustainable 
     Federal Buildings.--The Administrator, in consultation with 
     the Administrator of the Environmental Protection Agency, the 
     Director of the Federal Energy Management Program, and the 
     Chair of the Council on Environmental Quality, shall develop 
     recommendations for systems, including customized Energy Star 
     Portfolio Manager fields and dashboards, for use by Federal 
     facilities in tracking compliance and progress of new and 
     existing buildings with the Guiding Principles for 
     Sustainable Federal Buildings, including by considering--
       (1) campus, installation, and portfolio approaches;
       (2) suggested targets; and
       (3) relevant metrics.

     SEC. 41308. STUDY ON FEDERAL BUILDINGS FUND LENDING PROGRAM.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator of General Services, acting through 
     the Federal Director of the Office of High-Performance Green 
     Buildings (referred to in this section as the 
     ``Administrator''), shall make publicly available a report 
     that evaluates and describes the potential efficacy, costs, 
     and benefits of a program under which the Administrator 
     would--
       (1) borrow funds from the Federal Buildings Fund for 
     building energy and water efficiency and resilience 
     retrofits, including through projects that use funds to 
     leverage private sector financing, including through energy 
     savings performance contracts; and
       (2) repay the Federal Buildings Fund from utility savings.

     SEC. 41309. ANNUAL REPORTING ON LEVERAGED PRIVATE FINANCING.

       (a) In General.--For each of fiscal years 2021 through 
     2030, the Administrator of General Services, acting through 
     the Federal Director of the Office of High-Performance Green 
     Buildings (referred to in this section as the 
     ``Administrator''), shall include the information described 
     in subsection (b)--
       (1) in the annual report submitted to the Secretary 
     pursuant to section 548(a) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(a));
       (2) as a summary in the annual report prepared by the 
     Administrator pursuant to section 527 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17143); and
       (3) as a summary in the annual General Services 
     Administration Sustainability Report and Implementation Plan.
       (b) Information.--The information referred to in subsection 
     (a) is, with respect to the fiscal year covered by a report--
       (1) the investment value and number of energy savings 
     performance contracts entered into by the Administrator;
       (2) the investment value and number of other forms of 
     public-private partnerships that leverage private sector 
     financing entered into by the Administrator for energy 
     efficiency projects;
       (3) for each of the 2 fiscal years following the fiscal 
     year covered by the report, the projected value and number 
     described in each of paragraphs (1) and (2);
       (4) the total estimated implementation costs and estimated 
     lifecycle cost savings of outstanding energy conservation 
     measures at facilities that meet the criteria described in 
     section 543(f)(2)(B) of the National Energy Conservation 
     Policy Act (42 U.S.C. 8253(f)(2)(B)); and
       (5) recommendations to increase the aggregate benefits and 
     value provided to the General Services Administration through 
     public-private partnerships with respect to energy 
     efficiency, renewable energy, and energy resilience.

     SEC. 41310. COORDINATION WITH STATES.

       The Administrator of General Services, acting through the 
     Federal Director of the Office of High-Performance Green 
     Buildings,

[[Page S5969]]

     is encouraged to carry out this title and the amendments made 
     by this title in coordination with States, including by--
       (1) sharing resources and providing technical advice to 
     States regarding net-zero buildings and carbon reducing 
     technologies;
       (2) coordinating with multistate organizations on charging 
     infrastructure technology, procurement, and strategic 
     locations relating to zero-emission vehicles;
       (3) allowing State officials to participate in appropriate 
     training opportunities; and
       (4) coordinating with States on renewable energy 
     procurement benefitting a Federal facility and local 
     communities.
                                 ______
                                 
  SA 2578. Mr. WHITEHOUSE (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds 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:

     SEC. ___. PREVENTING INTERNATIONAL CYBERCRIME.

       (a) Predicate Offenses.--Part I of title 18, United States 
     Code, is amended--
       (1) in section 1956(c)(7)(D)--
       (A) by striking ``or section 2339D'' and inserting 
     ``section 2339D''; and
       (B) by striking ``of this title, section 46502'' and 
     inserting ``, or section 2512 (relating to the manufacture, 
     distribution, possession, and advertising of wire, oral, or 
     electronic communication intercepting devices) of this title, 
     section 46502''; and
       (2) in section 1961(1), by inserting ``section 1030 
     (relating to fraud and related activity in connection with 
     computers) if the act indictable under section 1030 is 
     felonious,'' before ``section 1084''.
       (b) Forfeiture.--
       (1) In general.--Section 2513 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2513. Confiscation of wire, oral, or electronic 
       communication intercepting devices and other property

       ``(a) In General.--The court, in imposing a sentence on any 
     person convicted of a violation of section 2511 or 2512, or 
     convicted of conspiracy to violate section 2511 or 2512, 
     shall order, in addition to any other sentence imposed and 
     irrespective of any provision of State law, that such person 
     forfeit to the United States--
       ``(1) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of a violation of section 2511 
     or 2512; and
       ``(2) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained or retained directly 
     or indirectly as a result of a violation of section 2511 or 
     2512.
       ``(b) Forfeiture Procedures.--Pursuant to section 2461(c) 
     of title 28, the procedures of section 413 of the Controlled 
     Substances Act (21 U.S.C. 853), other than subsection (d) 
     thereof, shall apply to criminal forfeitures under this 
     section.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 119 is amended by striking the item 
     relating to section 2513 and inserting the following:

``2513. Confiscation of wire, oral, or electronic communication 
              intercepting devices and other property.''.
       (c) Shutting Down Botnets.--
       (1) Amendment.--Section 1345 of title 18, United States 
     Code, is amended--
       (A) in the heading, by inserting ``and abuse'' after 
     ``fraud'';
       (B) in subsection (a)--
       (i) in paragraph (1)--

       (I) in subparagraph (B), by striking ``or'' at the end;
       (II) in subparagraph (C), by inserting ``or'' after the 
     semicolon; and
       (III) by inserting after subparagraph (C) the following:

       ``(D) violating or about to violate section 1030(a)(5) of 
     this title where such conduct has caused or would cause 
     damage (as defined in section 1030) without authorization to 
     100 or more protected computers (as defined in section 1030) 
     during any 1-year period, including by--
       ``(i) impairing the availability or integrity of the 
     protected computers without authorization; or
       ``(ii) installing or maintaining control over malicious 
     software on the protected computers that, without 
     authorization, has caused or would cause damage to the 
     protected computers;''; and
       (ii) in paragraph (2), in the matter preceding subparagraph 
     (A), by inserting ``, a violation described in subsection 
     (a)(1)(D),'' before ``or a Federal''; and
       (C) by adding at the end the following:
       ``(c) A restraining order, prohibition, or other action by 
     a court described in subsection (b), if issued in 
     circumstances described in subsection (a)(1)(D), may, upon 
     application of the Attorney General--
       ``(1) specify that no cause of action shall lie in any 
     court against a person for complying with the restraining 
     order, prohibition, or other action by a court; and
       ``(2) provide that the United States shall pay to such 
     person a fee for reimbursement for such costs as are 
     reasonably necessary and which have been directly incurred in 
     complying with the restraining order, prohibition, or other 
     action by a court.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 63 of title 18, United States Code, is 
     amended by striking the item relating to section 1345 and 
     inserting the following:

``1345. Injunctions against fraud and abuse.''.
       (d) Aggravated Damage to Computers Used to Operate or 
     Access Critical Systems and Assets.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1030 the 
     following:

     ``Sec. 1030A. Aggravated damage to computers used to operate 
       or access critical systems and assets

       ``(a) Offense.--It shall be unlawful, during and in 
     relation to a felony violation of section 1030, to knowingly 
     cause or attempt to cause damage to a computer used to 
     operate or access critical systems and assets, if such damage 
     results in (or, in the case of an attempted offense, would, 
     if completed, have resulted in) the substantial impairment--
       ``(1) of the operation of the computer; or
       ``(2) of the critical systems and assets associated with 
     such computer.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall, in addition to the term of punishment provided for the 
     felony violation of section 1030, be fined under this title, 
     imprisoned for not more than 20 years, or both.
       ``(c) Prohibition on Probation.--Notwithstanding any other 
     provision of law, a court shall not place any person 
     convicted of a violation of this section on probation;
       ``(d) Definitions.--In this section--
       ``(1) the terms `computer' and `damage' have the meanings 
     given the terms in section 1030; and
       ``(2) the term `critical systems and assets' means systems 
     and assets, whether physical or virtual, so vital to the 
     United States that the incapacity or destruction of such 
     systems and assets would have catastrophic regional or 
     national effects on public health or safety, economic 
     security, or national security, including voter registration 
     databases, voting machines, and other communications systems 
     that manage the election process or report and display 
     results on behalf of State and local governments.''.
       (2) Table of sections.--The table of sections for chapter 
     47 of title 18, United States Code, is amended by inserting 
     after the item relating to section 1030 the following:

``1030A. Aggravated damage to computers used to operate or access 
              critical systems and assets.''.
       (e) Stopping Dealing in Botnets; Forfeiture.--Section 1030 
     of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (7), by adding ``or'' at the end; and
       (B) by inserting after paragraph (7) the following:
       ``(8) intentionally deals in the means of access to a 
     protected computer, if--
       ``(A) the dealer knows or has reason to know the protected 
     computer has been damaged in a manner prohibited by this 
     section; and
       ``(B) the promise or agreement to pay for the means of 
     access is made by, or on behalf of, a person the dealer knows 
     or has reason to know intends to use the means of access to--
       ``(i) damage a protected computer in a manner prohibited by 
     this section; or
       ``(ii) violate section 1037 or 1343;'';
       (2) in subsection (c)(3)--
       (A) in subparagraph (A), by striking ``(a)(4) or (a)(7)'' 
     and inserting ``(a)(4), (a)(7), or (a)(8)''; and
       (B) in subparagraph (B), by striking ``(a)(4), or (a)(7)'' 
     and inserting ``(a)(4), (a)(7), or (a)(8)''; and
       (3) in subsection (e)--
       (A) in paragraph (13), by striking ``and'' at the end;
       (B) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(15) the term `deal' means transfer, or otherwise dispose 
     of, to another as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value.'';
       (4) in subsection (g), in the first sentence, by inserting 
     ``, except for a violation of subsection (a)(8),'' after ``of 
     this section''; and
       (5) by striking subsection (i) and inserting the following:
       ``(i) Criminal Forfeiture.--
       ``(1) In general.--The court, in imposing a sentence on any 
     person convicted of a violation of this section, or convicted 
     of conspiracy to violate this section, shall order, in 
     addition to any other sentence imposed and irrespective of 
     any provision of State law, that such person forfeit to the 
     United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used or intended to be used to commit or 
     to facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained, directly or 
     indirectly, as a result of such violation.
       ``(2) Applicable provisions.--The criminal forfeiture of 
     property under this subsection,

[[Page S5970]]

     including any seizure and disposition of the property, and 
     any related judicial proceeding, shall be governed by the 
     procedures of section 413 of the Controlled Substances Act 
     (21 U.S.C. 853), except subsection (d) of that section.''.
                                 ______
                                 
  SA 2579. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 63, line 17, strike ``and''.
       On page 65, line 24, strike the period at the end and 
     insert ``; and''.
       On page 65, after line 24, insert the following:
       (4) by adding at the end the following:
       ``(h) Imposition of Deadline.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary may not require any project funded under 
     this section to advance to the construction obligation stage 
     before the date that is the last day of the sixth fiscal year 
     after the later of--
       ``(A) the date on which the Governor declared the 
     emergency, as described in subsection (d)(1)(A); and
       ``(B) the date on which the President declared the 
     emergency to be a major disaster, as described in that 
     subsection.
       ``(2) Extension of deadline.--If the Secretary imposes a 
     deadline for advancement to the construction obligation stage 
     pursuant to paragraph (1), the Secretary may--
       ``(A) on the request of the Governor of the State, issue an 
     extension of not more than 1 year to complete the 
     advancement; and
       ``(B) issue additional extensions after the expiration of 
     any extension, if the Secretary determines the Governor of 
     the State has provided suitable justification to warrant such 
     an extension.''.
       On page 1266, strike lines 4 and 5 and insert the 
     following:

     has insurance required under State law for all structures 
     related to the grant application.
       ``(g) Imposition of Deadline.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary may not require any project funded 
     pursuant to this section to advance to the construction 
     obligation stage before the date that is the last day of the 
     sixth fiscal year after the later of--
       ``(A) the date on which the Governor declared the 
     emergency, as described in subsection (a)(1); or
       ``(B) the date on which the President declared the 
     emergency to be a major disaster, as described in that 
     subsection.
       ``(2) Extension of deadline.--If the Secretary imposes a 
     deadline for advancement to the construction obligation stage 
     pursuant to paragraph (1), the Secretary may--
       ``(A) on the request of the Governor of the State, issue an 
     extension of not more than 1 year to complete the 
     advancement, and
       ``(B) issue additional extensions after the expiration of 
     any extension, if the Secretary determines the Governor of 
     the State has provided suitable justification to warrant such 
     an extension.''.
                                 ______
                                 
  SA 2580. 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 50, lines 20 and 21, strike ``(32), (33), (34), 
     (35), and (36)'' and insert ``(33), (34), (35), (36), and 
     (37)''.

       On page 52, strike lines 7 through 9 and insert the 
     following:
     natural disasters.'';
       (5) by inserting after paragraph (31) (as so redesignated) 
     the following:
       ``(32) Transportation demand management.--The term 
     `transportation demand management' means the use of 
     strategies to inform and encourage travelers to maximize the 
     efficiency of a transportation system, leading to improved 
     mobility, reduced congestion, and lower vehicle emissions, 
     including strategies that use planning, programs, policies, 
     marketing, communications, incentives, pricing, data, and 
     technology.''; and
       (6) in subparagraph (A) of paragraph (33) (as

       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 shifts traffic demand 
     through the use of transportation demand management 
     strategies.'';
       On page 242, line 22, strike ``and''.
       On page 242, between lines 23 and 24, insert the following:
       (iv) travel demand impacts from State and local 
     transportation demand management strategies; and
       On page 341, line 17, strike ``and''.
       On page 341, strike line 21 and insert the following:
     nonpeak periods; and
       ``(E) transportation demand management strategies.
                                 ______
                                 
  SA 2581. Mr. PADILLA (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 1253, strike line 23 and insert the following:
       (1) in subsection (a)(1)--
       (A) by striking ``means a State'' and inserting the 
     following: ``means--
       ``(A) a State'';
       (B) by striking ``Government.'' and inserting ``Government; 
     or''; and
       (C) by adding at the end the following:
       ``(B) a State or local governmental entity that operates a 
     public transportation service and receives and administers 
     Federal transit program grant funds for both rural and urban 
     areas.'';
       (2) in subsection (c)--

       On page 1254, line 23, strike ``(2)'' and insert ``(3)''.
                                 ______
                                 
  SA 2582. 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 2486, line 12, insert ``Provided further, That in 
     allocating funds under the previous proviso, the Secretary of 
     the Army shall prioritize ship channel deepening projects:'' 
     after ``322):''.
                                 ______
                                 
  SA 2583. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 408____. TREATMENT OF CERTAIN LAND AND RESOURCE 
                   MANAGEMENT PLANS AND LAND USE PLANS.

       (a) National Forest System Land and Resource Management 
     Plan.--Section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604) is amended by 
     adding at the end the following:
       ``(n) Completed Federal Action.--A land and resource 
     management plan for a unit of the National Forest System 
     approved, amended, or revised under this section shall not--
       ``(1) be considered to be a continuing Federal agency 
     action; or
       ``(2) constitute a discretionary Federal involvement or 
     control for a distinct Federal purpose.''.
       (b) Bureau of Land Management Land Use Plans.--Section 202 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712) is amended by adding at the end the following:
       ``(g) Completed Federal Action.--A land management plan 
     approved, amended, or revised under this section shall not--
       ``(1) be considered to be a continuing Federal agency 
     action; or
       ``(2) constitute a discretionary Federal involvement or 
     control for a distinct Federal purpose.''.
                                 ______
                                 
  SA 2584. Mr. CORNYN (for himself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S5971]]

  


     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 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.--Subject to subparagraph (C), 
     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 
     projects described in subparagraph (B), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, section 5309 or 
     6701 of title 49, United States Code, or section 3005(b) of 
     the FAST Act (49 U.S.C. 5309 note; Public Law 114-94), to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project receiving credit assistance 
     under the TIFIA program under chapter 6 of title 23, United 
     States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project that receives a grant under section 117 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 124 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(iv) A project eligible under section 133 of title 23, 
     United States Code.
       ``(v) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vi) A project eligible under section 148 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 149 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 151 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(ix) A project eligible under section 165 of title 23, 
     United States Code.
       ``(x) A project eligible under section 167 of title 23, 
     United States Code.
       ``(xi) A project eligible under section 173 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xii) A project eligible under section 175 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiii) A project eligible under section 176 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiv) A project eligible under section 202 of title 23, 
     United States Code.
       ``(xv) A project eligible under section 203 of title 23, 
     United States Code.
       ``(xvi) A project eligible under section 204 of title 23, 
     United States Code.
       ``(xvii) 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').
       ``(xviii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xix) A project that furthers the completion of a 
     designated route of the Appalachian Development Highway 
     System under section 14501 of title 40, United States Code.
       ``(xx) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xxi) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xxii) A project that receives a grant under section 5311 
     of title 49, United States Code.
       ``(xxiii) A project that receives a grant under section 
     5337 of title 49, United States Code.
       ``(xxiv) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xxv) A project that receives a grant under section 6703 
     of title 49, United States Code, as added by the 
     Infrastructure Investment and Jobs Act.
       ``(xxvi) 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.).
       ``(xxvii) A project eligible under the bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program under paragraph (1) under the heading `highway 
     infrastructure program' under the heading `Federal Highway 
     Administration' under the heading `DEPARTMENT OF 
     TRANSPORTATION' under title VIII of division J of the 
     Infrastructure Investment and Jobs Act.
       ``(C) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a State, 
     territory, or Tribal government may use from a payment made 
     under this section for uses described in subparagraph (A) 
     shall not exceed 30 percent of such payment.
       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1)(D), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) 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 (xx) 
     through (xxiv) of subparagraph (B).
       ``(iii) Application of requirements.--Except as otherwise 
     provided in this section--

       ``(I) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of subparagraph (B) that relates to broadband 
     infrastructure;
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in 
     subparagraph (B); and
       ``(III) a State government receiving a payment under this 
     section may use funds provided under such payment for 
     projects described in clause (i) of subparagraph (B) that--

       ``(aa) demonstrate progress in achieving a state of good 
     repair as required by the State's asset management plan under 
     section 119(e) of title 23, United States Code; and
       ``(bb) support the achievement of 1 or more performance 
     targets of the State established under section 150 of title 
     23, United States Code.
       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(D) 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, 2026.''; and
       (2) 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.--Subject to subparagraph (B), 
     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 projects described in subparagraph (B) 
     of section 602(c)(4), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, section 5309 or 
     6701 of title 49, United States Code, or section 3005(b) of 
     the FAST Act (49 U.S.C. 5309 note; Public Law 114-94), to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project receiving credit assistance 
     under the TIFIA program under chapter 6 of title 23, United 
     States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a metropolitan 
     city, nonentitlement unit of local government, or county may 
     use from a payment made under this section for uses described 
     in subparagraph (A) shall not exceed 30 percent of such 
     payment.
       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1)(D), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) 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 (xx) 
     through (xxiv) of section 602(c)(4)(B).
       ``(iii) Application of requirements.--Except as otherwise 
     provided in this section--

       ``(I) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of section 602(c)(4)(B) that relates to 
     broadband infrastructure; and
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section

[[Page S5972]]

     that are used for projects described in section 602(c)(4)(B).

       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(C) 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, 2026.''.
       (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) Guidance and Effective Date.--
       (1) Guidance or rule.--Within 60 days of the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Transportation, shall 
     issue guidance or promulgate a rule to carry out this 
     section.
       (2) Effective date.--The amendments made by this section 
     shall take effect upon the issuance of guidance or the 
     promulgation of a rule described in paragraph (1).
       (d) Department of the Treasury Administrative Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the unobligated balances from amounts made available to 
     the Secretary of the Treasury (referred to in this subsection 
     as the ``Secretary'') for administrative expenses pursuant to 
     the provisions specified in paragraph (2) shall be available 
     to the Secretary (in addition to any other appropriations 
     provided for such purpose) for any administrative expenses of 
     the Department of the Treasury determined by the Secretary to 
     be necessary to respond to the coronavirus emergency, 
     including any expenses necessary to implement any provision 
     of--
       (A) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (B) division N of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260);
       (C) the American Rescue Plan Act (Public Law 117-2); or
       (D) title VI of the Social Security Act (42 U.S.C. 801 et 
     seq.).
       (2) Provisions specified.--The provisions specified in this 
     paragraph are the following:
       (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (B) Section 421(f)(2) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).
       (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
       (D) Section 602(a)(2) of the Social Security Act (42 U.S.C. 
     802(a)(2)).
                                 ______
                                 
  SA 2585. Mr. DAINES submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of division I, add the following:

     SEC. 90009. CBO ANALYSIS OF ECONOMIC EFFECTS.

       The Congressional Budget Office shall submit to Congress a 
     report that provides an analysis of the economic effects of 
     this Act and the amendments made by this Act with respect to 
     each of fiscal years 2021 through 2031, which shall include 
     an analysis of the effects on the gross domestic product of, 
     employment in, wages in, and inflation in the United States.
                                 ______
                                 
  SA 2586. Mr. SULLIVAN (for himself, Ms. Murkowski, Ms. Hirono, and 
Mr. Schatz) submitted an amendment intended to be proposed to amendment 
SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. 
Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds 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. __. EXTENSION OF COVERAGE OF CORONAVIRUS RELIEF FUND 
                   PAYMENTS TO TRIBAL GOVERNMENTS.

       Section 601(d)(3) of the Social Security Act (42 U.S.C. 
     801(d)(3)) is amended by inserting ``(or, in the case of a 
     Tribal government, December 31, 2022)'' after ``December 31, 
     2021''.
                                 ______
                                 
  SA 2587. 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 end of section 40113 of division D, add the 
     following:
       (e) Cross Border Flood Protection.--
       (1) Definitions.--In this subsection:
       (A) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of the Army for Civil Works.
       (B) Columbia river treaty.--The term ``Columbia River 
     Treaty'' means the Treaty Relating to Cooperative Development 
     of the Water Resources of the Columbia River Basin, signed at 
     Washington January 17, 1961 (15 UST 1555; TIAS 5638).
       (2) Authorization.--To maintain and ensure the current 
     level of domestic flood protection provided under the 
     Columbia River Treaty, the Assistant Secretary may make 
     expenditures for the purpose of--
       (A) constructing, enhancing, or maintaining Columbia River 
     Basin flood risk management projects in the United States; 
     and
       (B) acquiring flood risk management services from the 
     Province of British Columbia, or a crown corporation owned by 
     the Province of British Columbia.
       (3) Criteria.--Expenditures authorized under paragraph (2) 
     shall--
       (A) take into account changing water cycles and the 
     likelihood of more frequent and intense severe weather 
     events;
       (B) be included in the annual budget for civil works 
     submitted by the Assistant Secretary to Congress; and
       (C) occur after September 16, 2024.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Assistant Secretary to carry out 
     this subsection $800,000,000 for the period of fiscal years 
     2022 through 2026, to remain available until expended.
                                 ______
                                 
  SA 2588. 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 1379, line 6, strike ``and''.
       Beginning on page 1379, strike line 7 and all that follows 
     through page 1380, line 2, and insert the following:
       (B) establish financial performance metrics; and
       (C) comply with all applicable Federal laws and applicable 
     Federal Tribal trust and treaty responsibilities.
       (3) Engagement.--Prior to issuing the updated financial 
     plan required under paragraph (1), the Administrator shall, 
     in a manner determined by the Administrator--
       (A) engage with Indian Tribes, power and transmission 
     customers, and other stakeholders with respect to a draft of 
     the updated plan; and
       (B) consider as a relevant factor any recommendations from 
     Indian Tribes, power and transmission customers, and other 
     stakeholders regarding prioritization of asset investments.
       (c) Consultation.--The Administrator shall, in a manner 
     determined by the Administrator, use periodic program reviews 
     to engage with Indian Tribes, power and transmission 
     customers, and other stakeholders with respect to the 
     financial and cost management efforts of the Administrator.
       (d) Use of Funds.--In using funds derived from the 
     borrowing authority made available by subsection (a), the 
     Administrator shall, in a manner determined by the 
     Administrator and consistent with all applicable laws, 
     implement policies that are consistent with--
       (1) applicable Tribal trust and treaty responsibilities;
       (2) obtaining the widest possible diversified use of 
     electric energy at the lowest possible power and transmission 
     rates consistent with sound business principles; and
       (3) protecting, mitigating, and enhancing the fish and 
     wildlife, including related spawning grounds and habitat, of 
     the Columbia River and its tributaries, particularly 
     anadromous fish.
       On page 1380, line 3, strike ``(d)'' and insert ``(e)''.
       On page 1385, line 21, insert ``, affected Indian Tribes,'' 
     after ``Canada''.
       On page 1386, line 14, strike ``and''.
       On page 1386, line 19, strike the period and insert a 
     semicolon.
       On page 1386, between lines 19 and 20, insert the 
     following:
       (E) to mitigate impacts to fish resources and water quality 
     resulting from the rehabilitation and enhancement under this 
     subsection; and
       (F) to avoid or alternatively minimize any reduction in the 
     payments required by--
       (i) section 4(b) of the Confederated Tribes of the Colville 
     Reservation Grand Coulee Dam Settlement Act (Public Law 103-
     436; 108 Stat. 4578); and
       (ii) section 5 of the Spokane Tribe of Indians of the 
     Spokane Reservation Equitable Compensation Act (Public Law 
     116-100; 133 Stat. 3258).
       On page 1387, line 24, strike ``and''.

[[Page S5973]]

       On page 1388, line 3, strike the period and insert the 
     following: ``; and''.
       On page 1388, between lines 3 and 4, insert the following:
       (E) affected Indian Tribes.
                                 ______
                                 
  SA 2589. 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 1463, line 3, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
       On page 1463, line 6, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
       On page 1463, lines 9 and 10, strike ``maritime'' and 
     insert ``recreational or commercial marine''.
       On page 1548, line 18, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
       On page 1548, line 23, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
        On page 1549, line 3, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
       On page 1549, line 6, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
       On page 1549, line 25, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
       On page1621, line 19, strike ``maritime'' and insert 
     ``recreational or commercial marine''.
                                 ______
                                 
  SA 2590. 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.
       On page 443, lines 4 and 5, strike ``in the first sentence 
     by striking'' and insert the following: ``in the first 
     sentence--
       (1)by inserting ``clauses (i) and (iv) of subsection 
     (c)(38)(A),'' after ``subsection (c)(37),''; and
       (2) by striking
                                 ______
                                 
  SA 2591. 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 end of subtitle A of title I of division D, add the 
     following:

     SEC. 40114. SOUTHWESTERN POWER ADMINISTRATION FUND.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Southwestern Power Administration.
       (2) Fund.--The term ``Fund'' means the Southwestern Power 
     Administration Fund established by subsection (b).
       (b) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund, to be known as the 
     ``Southwestern Power Administration Fund'', consisting of--
       (1) all receipts, collections, and recoveries of the 
     Southwestern Power Administration, including trust funds;
       (2) appropriations to the Fund; and
       (3) amounts transferred to the Fund under subsection (c); 
     and
       (4) amounts deposited in the Fund under the first proviso 
     in the matter under the heading ``Operation and Maintenance, 
     Southwestern Power Administration'' under the heading ``POWER 
     MARKETING ADMINISTRATIONS'' under the heading ``DEPARTMENT OF 
     ENERGY'' in title III of the Energy and Water Development 
     Appropriations Act, 2005 (118 Stat. 2956; 16 U.S.C. 825s-4).
       (c) Transfers to Fund.--There are transferred to the Fund--
       (1) unexpended balances in the continuing fund pursuant to 
     the 11th paragraph under the heading ``OFFICE OF THE 
     SECRETARY'' in title I of the Act of October 12, 1949 (63 
     Stat. 767, chapter 680; 16 U.S.C. 825s-1);
       (2) unexpended balances in the advanced payment fund 
     pursuant to the first proviso in the matter under the heading 
     ``Operation and Maintenance, Southwestern Power 
     Administration'' under the heading ``POWER MARKETING 
     ADMINISTRATIONS'' under the heading ``Department of Energy'' 
     in title III of the Energy and Water Development 
     Appropriations Act, 2005 (118 Stat. 2956; 16 U.S.C. 825s-4); 
     and
       (3) unexpended balances in the offsetting collections fund 
     pursuant to the fourth and fifth provisos in the matter under 
     the heading ``Operation and Maintenance, Southwestern Power 
     Administration'' under the heading ``POWER MARKETING 
     ADMINISTRATIONS'' under the heading ``DEPARTMENT OF ENERGY'' 
     in title III of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (123 Stat. 2869; 16 U.S.C. 
     825s-7) (as in effect on the day before the date of enactment 
     of this Act).
       (d) Availability.--Amounts in the Fund shall remain 
     available until expended.
       (e) Use.--Amounts in the Fund shall be used by the 
     Secretary, acting through the Administrator, for expenses 
     necessary for--
       (1) operation and maintenance of power transmission 
     facilities;
       (2) marketing electric power and energy;
       (3) construction and acquisition of transmission lines, 
     substations, and appurtenant facilities; and
       (4) administrative expenses in carrying out the duties of 
     the Secretary under--
       (A) section 5 of the Act of December 22, 1944 (commonly 
     known as the ``Flood Control Act of 1944'') (58 Stat. 890, 
     chapter 665; 16 U.S.C. 825s); and
       (B) section 1232 of the Energy Policy Act of 2005 (42 
     U.S.C.16431).
       (f) Obligations.--The Secretary, acting through the 
     Administrator, may incur obligations for authorized purposes 
     in advance of appropriations to be liquidated by the Fund.
       (g) Excess Funds.--Annually, the Secretary, acting through 
     the Administrator, shall transfer excess amounts in the Fund 
     to the Treasury of the United States as miscellaneous 
     receipts.
       (h) Applicable Law.--The provisions of chapter 91 of title 
     31, United States Code, shall apply to the Administrator in 
     carrying out this section in the same manner as the 
     provisions apply to a wholly owned Government corporation (as 
     defined in section 9101 of that title).
       (i) Conforming Amendments.--
       (1) The first proviso in the matter under the heading 
     ``Operation and Maintenance, Southwestern Power 
     Administration'' under the heading ``POWER MARKETING 
     ADMINISTRATIONS'' under the heading ``Department of Energy'' 
     in title III of the Energy and Water Development 
     Appropriations Act, 2005 (118 Stat. 2956; 16 U.S.C. 825s-4) 
     is amended--
       (A) by striking ``in fiscal year 2005'' and inserting ``on 
     the date of enactment of the Infrastructure Investment and 
     Jobs Act''; and
       (B) by striking ``credited to this account'' and inserting 
     ``deposited in the Southwestern Power Administration Fund 
     established by section 40114(b) of the Infrastructure 
     Investment and Jobs Act''.
       (2) The fourth and fifth provisos in the matter under the 
     heading ``Operation and Maintenance, Southwestern Power 
     Administration'' under the heading ``POWER MARKETING 
     ADMINISTRATIONS'' under the heading ``Department of Energy'' 
     in title III of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (123 Stat. 2869; 16 U.S.C. 
     825s-7) are repealed.
                                 ______
                                 
  SA 2592. Mr. HEINRICH (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:
        On page 2585, line 5, insert ``Provided further, That the 
     Administrator shall use not less than $25,000,000 of the 
     amounts made available under this paragraph in this Act in 
     each of fiscal years 2022 through 2026 to provide wastewater 
     assistance under section 307

[[Page S5974]]

     of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 
     1281 note; Public Law 104-182) to eligible communities (as 
     defined in subsection (a) of that section):'' after 
     ``1383):''.
       On page 2587, line 3, insert ``Provided further, That the 
     Administrator shall use not less than $25,000,000 of the 
     amounts made available under this paragraph in this Act in 
     each of fiscal years 2022 through 2026 to provide drinking 
     water assistance under section 1456 of the Safe Drinking 
     Water Act (42 U.S.C. 300j-16) to eligible communities (as 
     defined in subsection (a) of that section):'' after ``300j-
     12):''.
                                 ______
                                 
  SA 2593. 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:
        On page 1956, strike lines 14 through 23 and insert the 
     following:
       ``(1) In general.--Subject to paragraph (2)(A), the 
     Federal''; and
       (C) by inserting after paragraph (1) (as so designated) the 
     following:
       ``(2) Rural and financially distressed communities.--
       ``(A) Federal share for financially distressed 
     communities.--The Federal share of the cost of activities 
     using amounts from a grant made to a financially distressed 
     community (as defined in subsection (c)(1)) under subsection 
     (a) shall be not less than 75 percent of the cost.
       ``(B) Requirement.--To the maximum extent practicable, the 
     Administrator shall work with States to prevent the non-
     Federal share requirements under this subsection from being 
     passed on to rural communities and financially distressed 
     communities (as those terms are defined in subsection 
     (f)(2)(B)(i).'';
       On page 1957, line 4, strike ``$280,000,000'' and insert 
     ``$400,000,000''.
                                 ______
                                 
  SA 2594. Mr. REED (for himself and 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:

        On page 201, strike line 13 and insert the following:
       (1) in subsection (b)--
       (A) by striking ``(b) The geometric'' and inserting the 
     following:
       ``(b) Design Criteria for the Interstate System.--The 
     geometric''; and
       (B) in the second sentence, by striking ``the types and 
     volumes of traffic anticipated for such project for the 
     twenty-year period commencing on the date of approval by the 
     Secretary, under section 106 of this title, of the plans, 
     specifications, and estimates for actual construction of such 
     project'' and inserting ``the existing and future performance 
     of the facility, to include the safety, geometric, capacity, 
     or operational needs of the facility, as determined by the 
     State department of transportation, in consultation with the 
     Federal Highway Administration'';
       (2) in subsection (d)--
       On page 202, line 5, strike ``(2)'' and insert ``(3)''.
       On page 202, line 23, strike ``(3)'' and insert ``(4)''.
                                 ______
                                 
  SA 2595. Mr. KELLY (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:
        At the appropriate place in title II of division E, insert 
     the following:

     SEC. 502__. URBAN WATERS FEDERAL PARTNERSHIP PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Member agencies.--The term ``member agencies'' means 
     each of--
       (A) the Environmental Protection Agency;
       (B) the Department of the Interior;
       (C) the Department of Agriculture;
       (D) the Corps of Engineers;
       (E) the National Oceanic and Atmospheric Administration;
       (F) the Economic Development Administration;
       (G) the Department of Housing and Urban Development;
       (H) the Department of Transportation;
       (I) the Department of Energy;
       (J) the Department of Education;
       (K) the National Institute for Environmental Health 
     Sciences;
       (L) the Community Development Financial Institutions Fund;
       (M) the Federal Emergency Management Agency;
       (N) the Corporation for National and Community Service; and
       (O) such other agencies, departments, and bureaus that 
     elect to participate in the Urban Waters program as the 
     missions, authorities, and appropriated funding of those 
     agencies, departments, and bureaus allow.
       (3) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture.
       (4) Urban waters ambassador.--The term ``Urban Waters 
     ambassador'' means a person who--
       (A) is locally based near the applicable Urban Waters 
     partnership location; and
       (B) serves in a central coordinating role for the work 
     carried out in the applicable Urban Waters partnership 
     location with respect to the Urban Waters program.
       (5) Urban waters nonpartnership location.--The term ``Urban 
     Waters nonpartnership location'' means an urban or municipal 
     site and the associated watershed or waterbody of the site--
       (A) that receives Federal support for activities that 
     advance the purpose of the Urban Waters program; but
       (B)(i) that is not formally designated as an Urban Waters 
     partnership location; and
       (ii) for which is not maintained--
       (I) an active partnership with an Urban Waters ambassador; 
     or
       (II) an Urban Waters partnership location workplan.
       (6) Urban waters partnership location.--The term ``Urban 
     Waters partnership location'' means an urban or municipal 
     site and the associated watershed or waterbody of the site 
     for which--
       (A) the Administrator, in collaboration with the heads of 
     the other member agencies, has formally designated as a 
     partnership location under the Urban Waters program; and
       (B) an active partnership with an Urban Waters ambassador 
     is maintained.
       (7) Urban waters partnership location workplan.--The term 
     ``Urban Waters partnership location workplan'' means the plan 
     for projects and actions that is coordinated across an Urban 
     Waters partnership location.
       (8) Urban waters program.--The term ``Urban Waters 
     program'' means the program established under subsection 
     (b)(1).
       (b) Urban Waters Federal Partnership Program.--
       (1) Authorization.--There is authorized a program, to be 
     known as the ``Urban Waters Federal Partnership Program'', 
     administered by the partnership of the member agencies--
       (A) to jointly support and execute the goals of the Urban 
     Waters program through the independent authorities and 
     appropriated funding of the member agencies; and
       (B) to advance the purpose described in paragraph (2) 
     within designated Urban Waters partnership locations and 
     other urban and suburban communities in the United States.
       (2) Program purpose.--The purpose of the Urban Waters 
     program is to reconnect urban communities, particularly urban 
     communities that are overburdened or economically distressed, 
     with associated waterways by improving coordination among 
     Federal agencies.
       (3) Program requirements.--
       (A) In general.--Subject to the availability of 
     appropriations, the Administrator, in coordination with the 
     Secretaries and, as appropriate, the heads of the other 
     member agencies, shall maintain the Urban Waters program in 
     accordance with this paragraph.
       (B) Urban waters federal partnership steering committee.--
       (i) Establishment.--

       (I) In general.--The Administrator shall establish a 
     steering committee for the Urban Waters program (referred to 
     in this subparagraph as the ``steering committee'').
       (II) Chair.--The Administrator shall serve as chairperson 
     of the steering committee.
       (III) Vice-chairs.--The Secretaries shall serve as vice-
     chairpersons of the steering committee.
       (IV) Membership.--In addition to the Administrator and the 
     Secretaries, the members of the steering committee shall be 
     the senior officials (or their designees) from such member 
     agencies as the Administrator shall designate.

       (ii) Duties.--The steering committee shall provide general 
     guidance to the member agencies with respect to the Urban 
     Waters program, including guidance with respect to--

       (I) the identification of annual priority issues for 
     special emphasis within Urban Waters partnership locations; 
     and
       (II) the identification of funding opportunities, which 
     shall be communicated to all Urban Waters partnership 
     locations.

       (iii) Interagency financing.--Notwithstanding section 1346 
     of title 31, United States Code, section 708 of division E of 
     the Consolidated Appropriations Act, 2021 (Public Law 116-
     260), or any other similar provision of law, member agencies 
     may--

       (I) provide interagency financing to the steering 
     committee; and

[[Page S5975]]

       (II) directly transfer such amounts as are necessary to 
     support the activities of the steering committee.

       (C) Authority.--
       (i) Partnership locations.--

       (I) Partnership locations.--The Administrator and the 
     Secretaries shall maintain an active partnership program 
     under the Urban Waters program at each Urban Waters 
     partnership location, including each Urban Waters partnership 
     location in existence on the date of enactment of this Act, 
     by providing--

       (aa) technical assistance for projects to be carried out 
     within the Urban Waters partnership location;
       (bb) funding for projects to be carried out within the 
     Urban Waters partnership location;
       (cc) funding for an Urban Waters ambassador for the Urban 
     Waters partnership location; and
       (dd) coordination support with other member agencies with 
     respect to activities carried out at the Urban Waters 
     partnership location.

       (II) New partnership locations.--

       (aa) In general.--The Administrator and the Secretaries 
     may, in consultation with the heads of other member agencies, 
     establish new Urban Waters partnership locations.
       (bb) Nonpartnership locations.--A community with an Urban 
     Waters nonpartnership location may, at the discretion of the 
     community, seek to have the Urban Waters nonpartnership 
     location designated as an Urban Waters partnership location.
       (ii) Authorized activities.--

       (I) Definition of eligible entity.--In this clause, the 
     term ``eligible entity'' means--

       (aa) a State;
       (bb) a territory or possession of the United States;
       (cc) the District of Columbia;
       (dd) an Indian Tribe;
       (ee) a unit of local government;
       (ff) a public or private institution of higher education;
       (gg) a public or private nonprofit institution;
       (hh) an intertribal consortium;
       (ii) an interstate agency; and
       (jj) any other entity determined to be appropriate by the 
     Administrator.

       (II) Activities.--In carrying out the Urban Waters program, 
     a member agency may encourage, cooperate with, and render 
     technical services to and provide financial assistance to 
     support--

       (aa) Urban Water ambassadors to conduct activities with 
     respect to the applicable Urban Waters partnership location, 
     including--
       (AA) convening the appropriate Federal and non-Federal 
     partners for the Urban Waters partnership location;
       (BB) developing and carrying out an Urban Waters 
     partnership location workplan;
       (CC) leveraging available Federal and non-Federal resources 
     for projects within the Urban Waters partnership location; 
     and
       (DD) sharing information and best practices with the Urban 
     Waters Learning Network established under clause (iii); and
       (bb) an eligible entity in carrying out--
       (AA) projects at Urban Water partnership locations that 
     provide habitat or water quality improvements, increase river 
     recreation, enhance community resiliency, install 
     infrastructure, strengthen community engagement with and 
     education with respect to water resources, or support 
     planning, coordination, and execution of projects identified 
     in the applicable Urban Waters partnership location workplan; 
     and
       (BB) planning, research, experiments, demonstrations, 
     surveys, studies, monitoring, training, and outreach to 
     advance the purpose described in paragraph (2) within Urban 
     Waters partnership locations and in Urban Waters 
     nonpartnership locations.

       (III) Transfer of funds.--In carrying out the Urban Waters 
     program, a member agency may transfer funds to or enter into 
     interagency agreements with other member agencies as 
     necessary to carry out the Urban Waters program.

       (iii) Urban waters learning network.--The Administrator and 
     the Secretaries shall maintain an Urban Waters Learning 
     Network--

       (I) to share information, resources, and tools between 
     Urban Waters partnership locations and with other interested 
     communities; and
       (II) to carry out community-based capacity building that 
     advances the goals of the Urban Waters program.

       (iv) Workplan progress.--Progress in addressing the goals 
     of the Urban Waters partnership location workplan of an Urban 
     Waters partnership location shall be shared with the Urban 
     Waters program at regular intervals, as determined by the 
     Administrator and the Secretaries.
       (4) Reports to congress.--The Administrator and the 
     Secretaries shall annually submit to the appropriate 
     committees of Congress a report describing the progress in 
     carrying out the Urban Waters program, which shall include--
       (A) a description of the use of funds under the Urban 
     Waters program;
       (B) a description of the progress made in carrying out 
     Urban Waters partnership location workplans; and
       (C) any additional information that the Administrator and 
     the Secretaries determine to be appropriate.
       (5) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     the Administrator to carry out the Urban Waters program 
     $10,000,000 for each of fiscal years 2022 through 2026.
       (B) Use of funds.--Notwithstanding any other provision of 
     law, activities carried out using amounts made available to 
     the Administrator under subparagraph (A) may be used in 
     conjunction with amounts made available from--
       (i) other member agencies; and
       (ii) non-Federal entities that participate in the Urban 
     Waters program.
                                 ______
                                 
  SA 2596. Mr. MARKEY (for himself and Ms. Cortez Masto) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 2648, line 20, insert ``or there is unmet need in 
     other locations'' after ``built out''.
                                 ______
                                 
  SA 2597. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. PROHIBITION ON USE OF CERTAIN TYPES OF CENSUS 
                   DATA.

       Notwithstanding any other provision of this Act or an 
     amendment made by this Act, the most recent standard 1-year 
     estimate of the American Community Survey of the Bureau of 
     the Census may not be used to allocate funds under this Act 
     or an amendment made by this Act.
                                 ______
                                 
  SA 2598. 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 98, line 8, strike ``2010'' and insert ``2020''.
       On page 123, line 13, strike ``2010'' and insert ``2020''.
                                 ______
                                 
  SA 2599. Mr. DAINES (for himself 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 division I, add the following:

     SEC. 90009. REDUCTION OF SPENDING.

       (a) Definitions.--In this section--
       (1) the term ``amount of the shortfall'' means the 
     difference, as of the date on which this Act is last passed 
     by the Senate, and based on estimates submitted as of that 
     date by the Congressional Budget Office, between--
       (A) the sum of the amounts made available under each 
     provision of this Act, or an amendment made by this Act; and
       (B) the sum of the amounts of the increase in revenue or 
     decrease in spending under each provision of this Act, or an 
     amendment made by this Act; and
       (2) notwithstanding section 2 of this Act, the term ``this 
     Act'' means each division of this Act.
       (b) Reduction in Spending.--Each amount made available 
     under this Act, or an amendment made by this Act, shall be 
     reduced, on a pro rata basis, by the amount necessary to 
     reduce the total amount made available under this Act by the 
     amount of the shortfall.
                                 ______
                                 
  SA 2600. Mr. BLUMENTHAL (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684,

[[Page S5976]]

to authorize funds 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. _____. REGULATION OF POLE ATTACHMENTS.

        Section 224 of the Communications Act of 1934 (47 U.S.C. 
     224) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(6) The term `broadband service' has the meaning given 
     the term `broadband internet access service' in section 8.1 
     of title 47, Code of Federal Regulations, or any successor 
     regulation.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Not later than 180 days after the date of enactment 
     of this paragraph, the Commission shall prescribe regulations 
     that--
       ``(A) include an expedited complaint and dispute resolution 
     process to resolve, in not more than 90 days, disagreements 
     involving access to poles for purposes of providing broadband 
     service, including pole replacements and the terms, 
     conditions, and charges for pole replacements;
       ``(B) provide that the pendency of an appeal from any 
     decision in favor of an attaching entity shall not prevent 
     the attaching entity from proceeding with any disputed 
     attachment; and
       ``(C) provide that the regulations prescribed under this 
     paragraph take precedence, when in conflict, over any 
     agreement between a utility and an attaching entity entered 
     into before the date on which the regulations are prescribed.
       ``(4) Not later than 180 days after the date of enactment 
     of this paragraph, the Commission shall prescribe regulations 
     to govern the charges for any pole attachments used by any 
     entity, in whole or in part, to provide broadband service 
     that--
       ``(A) ensure that a charge for the replacement of a pole 
     shall not be considered just and reasonable unless--
       ``(i) the responsibility of the attaching entity is limited 
     to compensating the utility for--
       ``(I) the remaining accounting value of the pole being 
     replaced;
       ``(II) any incremental costs from increasing the capacity 
     of the pole; and
       ``(III) any costs of advancing the replacement of the pole 
     by its remaining service life, as measured by the difference 
     between the age of the pole and the utility's average service 
     life for a pole; and
       ``(ii) any recovery by the utility of its share of such 
     costs through recurring rates excludes amounts recovered 
     through non-recurring charges to attaching entities permitted 
     under this subsection, including under clause (i), and 
     through depreciation; and
       ``(B) ensure that terms and conditions for pole 
     attachments--
       ``(i) require all work to facilitate replacement of a pole 
     under subsection (f)(2)(B) to be completed by the utility or 
     its designee not later than 90 days after the receipt by the 
     utility, from the attaching entity, of a complete application 
     and payment consistent with regulations implemented under 
     paragraph (3) of this subsection, unless the Commission finds 
     that unforeseeable exigent circumstances prevent completion 
     of complex make-ready projects within that period, in which 
     case the work shall be completed not later than 120 days 
     after the receipt of the complete application and payment;
       ``(ii) require a utility to designate contractors qualified 
     and authorized to safely perform replacement of a pole under 
     subsection (f)(2)(B) if the utility is unable to comply with 
     the deadline under clause (i) of this subparagraph;
       ``(iii) prohibit a utility from unreasonably withholding 
     consent to designate, in accordance with clause (ii), 
     contractors proposed by the attaching entity that are 
     qualified and authorized to safely perform replacement of a 
     pole under subsection (f)(2)(B); and
       ``(iv) provide that an attaching entity may--
       ``(I) engage and direct contractors that are qualified and 
     authorized to safely perform replacement of a pole under 
     subsection (f)(2)(B) designated by the utility to complete 
     any make-ready work if the utility is unable to complete the 
     work by the deadline under clause (i) of this subparagraph; 
     and
       ``(II) recover from the utility any costs related to work 
     completed under subclause (I) for which the utility is 
     responsible.''; and
       (3) in subsection (f), by striking paragraph (2) and 
     inserting the following:
       ``(2)(A) Notwithstanding paragraph (1), and subject to 
     subparagraph (B) of this paragraph, a utility providing 
     electric service may deny a cable television system or any 
     telecommunications carrier access to its poles, ducts, 
     conduits, or rights-of-way, on a non-discriminatory basis for 
     reasons of reasons of safety, reliability, and generally 
     applicable engineering purposes.
       ``(B) If a utility denies access to a cable television 
     system or telecommunications carrier under subparagraph (A), 
     upon the request of the cable television system or 
     telecommunications carrier, the utility shall on a 
     nondiscriminatory basis expand the capacity of, or replace, 
     any pole, duct, conduit, or right-of-way owned or controlled 
     by the utility to enable the requesting entity to provide 
     broadband service if the requesting entity agrees to pay a 
     proportionate share of the costs of the expansion or 
     replacement in accordance with the regulations prescribed by 
     the Commission under subsection (b)(4).''.
                                 ______
                                 
  SA 2601. 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:

     SEC. 230__. UNIVERSAL ELECTRONIC VEHICLE IDENTIFIER.

       Not later than 4 years after the date of enactment of this 
     Act, the Secretary shall issue a final regulation that 
     requires a commercial motor vehicle manufactured after the 
     effective date of such regulation 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 2602. Mr. CORNYN (for himself, Mr. Padilla, Mr. Lujan, Ms. Hassan, 
Ms. Baldwin, Mr. Wicker, Mr. Kelly, Ms. Cortez Masto, Ms. Lummis, Mrs. 
Murray, Mr. Tillis, Mr. Casey, Ms. Cantwell, Mr. Kennedy, and Mr. 
Young) submitted an amendment intended to be proposed to amendment SA 
2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, 
Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds 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 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.--Subject to subparagraph (C), 
     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 
     projects described in subparagraph (B), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, or section 5309 
     or 6701 of title 49, United States Code, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project receiving credit assistance 
     under the TIFIA program under chapter 6 of title 23, United 
     States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project that receives a grant under section 117 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 124 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(iv) A project eligible under section 133 of title 23, 
     United States Code.
       ``(v) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vi) A project eligible under section 148 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 149 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 151 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(ix) A project eligible under section 165 of title 23, 
     United States Code.
       ``(x) A project eligible under section 167 of title 23, 
     United States Code.
       ``(xi) A project eligible under section 173 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.

[[Page S5977]]

       ``(xii) A project eligible under section 175 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiii) A project eligible under section 176 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xiv) A project eligible under section 202 of title 23, 
     United States Code.
       ``(xv) A project eligible under section 203 of title 23, 
     United States Code.
       ``(xvi) A project eligible under section 204 of title 23, 
     United States Code.
       ``(xvii) 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').
       ``(xviii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xix) A project that furthers the completion of a 
     designated route of the Appalachian Development Highway 
     System under section 14501 of title 40, United States Code.
       ``(xx) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xxi) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xxii) A project that receives a grant under section 5311 
     of title 49, United States Code.
       ``(xxiii) A project that receives a grant under section 
     5337 of title 49, United States Code.
       ``(xxiv) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xxv) A project that receives a grant under section 6703 
     of title 49, United States Code, as added by the 
     Infrastructure Investment and Jobs Act.
       ``(xxvi) 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.).
       ``(xxvii) A project eligible under the bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program under paragraph (1) under the heading `highway 
     infrastructure program' under the heading `Federal Highway 
     Administration' under the heading `DEPARTMENT OF 
     TRANSPORTATION' under title VIII of division J of the 
     Infrastructure Investment and Jobs Act.
       ``(C) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a State, 
     territory, or Tribal government may use from a payment made 
     under this section for uses described in subparagraph (A) 
     shall not exceed the greater of--

       ``(aa) $10,000,000; and
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) 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 (xx) 
     through (xxiv) of subparagraph (B).
       ``(iii) Application of requirements.--Except as otherwise 
     provided in this section--

       ``(I) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of subparagraph (B) that relates to broadband 
     infrastructure;
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in 
     subparagraph (B); and
       ``(III) a State government receiving a payment under this 
     section may use funds provided under such payment for 
     projects described in clauses (i) through (xxvii) of 
     subparagraph (B), as applicable, that--

       ``(aa) demonstrate progress in achieving a state of good 
     repair as required by the State's asset management plan under 
     section 119(e) of title 23, United States Code; and
       ``(bb) support the achievement of 1 or more performance 
     targets of the State established under section 150 of title 
     23, United States Code.
       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(D) 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, 2026.''; and
       (2) 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.--Subject to subparagraph (B), 
     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 projects described in subparagraph (B) 
     of section 602(c)(4), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, or section 5309 
     or 6701 of title 49, United States Code, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project receiving credit assistance 
     under the TIFIA program under chapter 6 of title 23, United 
     States Code--

       ``(I) to satisfy a non-Federal share requirement applicable 
     to such a project; and
       ``(II) to repay a loan provided under such program.

       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a metropolitan 
     city, nonentitlement unit of local government, or county may 
     use from a payment made under this section for uses described 
     in subparagraph (A) shall not exceed the greater of--

       ``(aa) $10,000,000; and
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (I) shall not apply to any use of funds permitted 
     under paragraph (1), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(ii) 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 (xx) 
     through (xxiv) of section 602(c)(4)(B).
       ``(iii) Application of requirements.--Except as otherwise 
     provided in this section--

       ``(I) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) of section 602(c)(4)(B) that relates to 
     broadband infrastructure; and
       ``(II) the requirements of titles 23, 40, and 49 of the 
     United States Code, title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in section 
     602(c)(4)(B).

       ``(iv) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iii) 
     to the appropriate Federal agency.
       ``(C) 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, 2026.''.
       (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) Guidance and Effective Date.--
       (1) Guidance or rule.--Within 60 days of the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Transportation, shall 
     issue guidance or promulgate a rule to carry out this 
     section.
       (2) Effective date.--The amendments made by this section 
     shall take effect upon the issuance of guidance or the 
     promulgation of a rule described in paragraph (1).
       (d) Department of the Treasury Administrative Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the unobligated balances from amounts made available to 
     the Secretary of the Treasury (referred to in this subsection 
     as the ``Secretary'') for administrative expenses pursuant to 
     the provisions specified in paragraph (2) shall be available 
     to the Secretary (in addition to any other appropriations 
     provided for such purpose) for any administrative expenses of 
     the Department of the Treasury determined by the Secretary to 
     be necessary to respond to the coronavirus emergency, 
     including any expenses necessary to implement any provision 
     of--
       (A) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (B) division N of the Consolidated Appropriations Act, 2021 
     (Public Law 116-260);
       (C) the American Rescue Plan Act (Public Law 117-2); or
       (D) title VI of the Social Security Act (42 U.S.C. 801 et 
     seq.).
       (2) Provisions specified.--The provisions specified in this 
     paragraph are the following:
       (A) Sections 4003(f) and 4112(b) of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136).
       (B) Section 421(f)(2) of division N of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260).
       (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
       (D) Section 602(a)(2) of the Social Security Act (42 U.S.C. 
     802(a)(2)).

[[Page S5978]]

  

                                 ______
                                 
  SA 2603. Mr. WYDEN (for himself, Mr. Crapo, Mr. Schatz, Mr. Risch, 
Mr. Merkley, Ms. Murkowski, and 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 in division I, insert the 
     following:

     SEC. ___. CORONAVIRUS RELIEF AND FISCAL RECOVERY FUNDS.

       (a) Local Assistance and Tribal Consistency Fund.--Section 
     605 of the Social Security Act (42 U.S.C. 805) is amended to 
     read as follows:

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

       ``(a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,000,000,000 to remain available until September 30, 2023, 
     with amounts to be obligated for each of fiscal years 2022 
     and 2023 in accordance with subsection (b), for making 
     payments under this section to eligible revenue sharing 
     recipients, eligible Tribal governments, and territories.
       ``(b) Authority to Make Payments.--
       ``(1) Allocations and payments to eligible revenue sharing 
     recipients.--
       ``(A) Allocations to revenue sharing counties.--For each of 
     fiscal years 2022 and 2023, the Secretary shall reserve 
     $742,500,000 of the total amount appropriated under 
     subsection (a) to allocate to each revenue sharing county 
     and, except as provided in subparagraph (B), pay to each 
     revenue sharing county that is an eligible revenue sharing 
     county amounts that are determined by the Secretary taking 
     into account the amount of entitlement land in each revenue 
     sharing county and the economic conditions of each revenue 
     sharing county, using such measurements of poverty, household 
     income, and unemployment over the most recent 20-year period 
     as of September 30, 2021, to the extent data are available, 
     as well as other economic indicators the Secretary determines 
     appropriate.
       ``(B) Special allocation rules.--
       ``(i) Revenue sharing counties with limited government 
     functions.--In the case of an amount allocated to a revenue 
     sharing county under subparagraph (A) that is a county with 
     limited government functions, the Secretary shall allocate 
     and pay such amount to each eligible revenue sharing local 
     government within such county with limited government 
     functions in an amount determined by the Secretary taking 
     into account the amount of entitlement land in each eligible 
     revenue sharing local government and the population of such 
     eligible revenue sharing local government relative to the 
     total population of such county with limited government 
     functions.
       ``(ii) Eligible revenue sharing county in alaska.--In the 
     case of the eligible revenue sharing county described in 
     subparagraph (f)(3)(C), the Secretary shall pay the amount 
     allocated to such eligible revenue sharing county to the 
     State of Alaska. The State of Alaska shall distribute such 
     payment to home rule cities and general law cities (as such 
     cities are defined by the State) located within the 
     boundaries of the eligible revenue sharing county for which 
     the payment was received.
       ``(C) Pro rata adjustment authority.--The amounts otherwise 
     determined for allocation and payment under subparagraphs (A) 
     and (B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are allocated and paid to eligible revenue sharing recipients 
     in accordance with the requirements specified in each such 
     subparagraph.
       ``(2) Allocations and payments to eligible tribal 
     governments.--For each of fiscal years 2022 and 2023, the 
     Secretary shall reserve $250,000,000 of the total amount 
     appropriated under subsection (a) to allocate and pay to 
     eligible Tribal governments in amounts that are determined by 
     the Secretary taking into account economic conditions of each 
     eligible Tribe.
       ``(3) Allocations and payments to territories.--For each of 
     fiscal years 2022 and 2023, the Secretary shall reserve 
     $7,500,000 of the total amount appropriated under subsection 
     (a) to allocate and pay to each territory an amount which 
     bears the same proportion to the amount reserved in this 
     paragraph as the population of such territory bears to the 
     total population of all such territories.
       ``(c) Use of Payments.--An eligible revenue sharing 
     recipient, an eligible Tribal government, or a territory may 
     use funds provided under a payment made under this section 
     for any governmental purpose other than a lobbying activity.
       ``(d) Reporting Requirement.--Any eligible revenue sharing 
     recipient and any territory receiving a payment under this 
     section shall provide to the Secretary periodic reports 
     providing a detailed accounting of the uses of fund by such 
     eligible revenue sharing recipient or territory, as 
     applicable, and such other information as the Secretary may 
     require for the administration of this section.
       ``(e) Recoupment.--Any eligible revenue sharing recipient 
     or any territory that has failed to submit a report required 
     under subsection (d) or failed to comply with subsection (c), 
     shall be required to repay to the Secretary an amount equal 
     to--
       ``(1) in the case of a failure to comply with subsection 
     (c), the amount of funds used in violation of such 
     subsection; and
       ``(2) in the case of a failure to submit a report required 
     under subsection (d), such amount as the Secretary determines 
     appropriate, but not to exceed 5 percent of the amount paid 
     to the eligible revenue sharing recipient or the territory 
     under this section for all fiscal years.
       ``(f) Definitions.--In this section:
       ``(1) County.--The term `county' means a county, parish, or 
     other equivalent county division (as defined by the Bureau of 
     the Census) in 1 of the 50 States.
       ``(2) County with limited government functions.--The term 
     `county with limited government functions' means a county in 
     which entitlement land is located that is not an eligible 
     revenue sharing county.
       ``(3) Eligible revenue sharing county.--The term `eligible 
     revenue sharing county' means--
       ``(A) a unit of general local government (as defined in 
     section 6901(2) of title 31, United States Code) that is a 
     county in which entitlement land is located and which is 
     eligible for a payment under section 6902(a) of title 31, 
     United States Code;
       ``(B) the District of Columbia; or
       ``(C) the combined area in Alaska that is within the 
     boundaries of a census area used by the Secretary of Commerce 
     in the decennial census, but that is not included within the 
     boundary of a unit of general local government described in 
     subparagraph (A).
       ``(4) Eligible revenue sharing local government.--The term 
     `eligible revenue sharing local government' means a unit of 
     general local government (as defined in section 6901(2) of 
     title 31, United States Code) in which entitlement land is 
     located that is not a county or territory and which is 
     eligible for a payment under section 6902(a) of title 31, 
     United States Code.
       ``(5) Eligible revenue sharing recipients.--The term 
     `eligible revenue sharing recipients' means, collectively, 
     eligible revenue sharing counties and eligible revenue 
     sharing local governments.
       ``(6) Eligible tribal government.--The term `eligible 
     Tribal government' means the recognized governing body of an 
     eligible Tribe.
       ``(7) Eligible tribe.--The term `eligible Tribe' means any 
     Indian or Alaska Native tribe, band, nation, pueblo, village, 
     community, component band, or component reservation, 
     individually identified (including parenthetically) in the 
     list published most recently as of March 11, 2021, pursuant 
     to section 104 of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131).
       ``(8) Entitlement land.--The term `entitlement land' has 
     the meaning given to such term in section 6901(1) of title 
     31, United States Code.
       ``(9) Revenue sharing county.--The term `revenue sharing 
     county' means--
       ``(A) an eligible revenue sharing county; or
       ``(B) a county with limited government functions.
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(11) Territory.--The term `territory' means--
       ``(A) the Commonwealth of Puerto Rico;
       ``(B) the United States Virgin Islands;
       ``(C) Guam;
       ``(D) the Commonwealth of the Northern Mariana Islands; or
       ``(E) American Samoa.''.
       (b) Extension of Availability of Coronavirus Relief Fund 
     Payments to Tribal Governments.--Section 601(d)(3) of the 
     Social Security Act (42 U.S.C. 801(d)(3)) is amended by 
     inserting ``(or, in the case of costs incurred by a Tribal 
     government, during the period that begins on March 1, 2020, 
     and ends on December 31, 2022)'' before the period.
                                 ______
                                 
  SA 2604. Mr. GRASSLEY (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 2642, line 20, strike ``National Electric Vehicle 
     Formula Program'' and insert ``National Electric Vehicle and 
     Alternative Infrastructure Formula Program''.
       On page 2642, line 23, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
        On page 2643, line 3, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.

[[Page S5979]]

       On page 2643, line 8, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``infrastructure''.
       On page 2643, line 9, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2643, line 22, insert ``Provided further, That of 
     the funds distributed to each State under the previous 
     proviso, each State may determine how to allocate such funds 
     for electric vehicle charging infrastructure, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling infrastructure 
     projects, respectively:'' after ``Code:''.
       On page 2644, line 19, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2646, line 15, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2646, line 20, insert ``or fueling'' after ``the 
     charging''.
       On page 2646, line 21, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2646, line 25, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2647, line 8, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2647, line 14, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2647, line 24, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2648, line 1, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2648, line 5, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``infrastructure''.
       On page 2648, line 12, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before the semicolon.
       On page 2648, line 14, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before the comma.
       On page 2648, line 22, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2649, line 7, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2649, line 9, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2649, line 14, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2649, line 17, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2649, line 21, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before the comma.
       On page 2649, line 25, insert ``, biofuel vehicle owners, 
     hydrogen vehicle owners, propane vehicle owners, or natural 
     gas vehicle owners'' after ``owners''.
       On page 2650, line 1, insert ``, biofuel vehicles, hydrogen 
     vehicles, propane vehicles, or natural gas vehicles'' after 
     ``electric vehicles''.
       On page 2650, line 2, insert ``, biofuel, hydrogen, 
     propane, or natural gas'' before ``required''.
       On page 2650, line 3, insert ``, biofuel fueling stations, 
     hydrogen fueling stations, propane fueling stations, or 
     natural gas fueling stations'' before the comma.
       On page 2650, line 4, insert ``, biofuel fueling stations, 
     hydrogen fueling stations, propane fueling stations, or 
     natural gas fueling stations'' after ``charging stations''.
       On page 2650, line 5, insert ``, biofuel, propane, 
     hydrogen, or natural gas'' after ``electric''.
       On page 2650, line 6, insert ``, biofuel fueling stations, 
     hydrogen fueling stations, propane fueling stations, or 
     natural gas fueling stations'' after ``charging stations''.
       On page 2650, line 7, insert ``, biofuel, propane, 
     hydrogen, or natural gas'' after ``electric''.
       On page 2650, strike lines 13 and 14 and insert ``scenarios 
     for electric vehicles and electric vehicle charging stations, 
     biofuel vehicles and biofuel fueling stations, hydrogen 
     vehicles and hydrogen fueling stations, propane vehicles and 
     propane fueling stations, or natural gas vehicles and natural 
     gas fueling stations: Provided further, That not later''.
       On page 2650, line 22, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before ``under''.
       On page 2650, line 24, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before ``under''.
       On page 2651, line 6, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2651, line 8, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before ``locations''.
       On page 2651, line 12, insert ``and biofuel, hydrogen, 
     propane, and natural gas fueling'' after ``charging''.
       On page 2651, line 15, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' before ``to support''.
       On page 2651, line 24, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2651, line 25, insert ``and biofuel, hydrogen, 
     propane, and natural gas fueling'' after ``charging''.
       On page 2652, line 21, insert ``, biofuel fueling 
     infrastructure, hydrogen fueling infrastructure, propane 
     fueling infrastructure, or natural gas fueling 
     infrastructure'' after ``charging infrastructure''.
       On page 2654, line 4, insert ``, biofuel vehicle, hydrogen 
     vehicle, propane vehicle, or natural gas vehicle'' after 
     ``electric vehicle''.
       On page 2655, line 7, insert ``, biofuel fueling stations, 
     hydrogen fueling stations, propane fueling stations, or 
     natural gas fueling stations'' after ``stations''.
       On page 2655, line 8, insert ``, biofuel fueling stations, 
     hydrogen fueling stations, propane fueling stations, or 
     natural gas fueling stations'' after ``stations''.
       On page 2655, line 11, insert ``, biofuel fueling stations, 
     hydrogen fueling stations, propane fueling stations, or 
     natural gas fueling stations'' after ``stations''.
                                 ______
                                 
  SA 2605. Mrs. HYDE-SMITH (for herself, Mr. Leahy, Ms. Baldwin, Ms. 
Lummis, 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:

        Under the heading ``Rural Utilities Service'' under the 
     heading ``RURAL DEVELOPMENT PROGRAMS'' under the heading 
     ``DEPARTMENT OF AGRICULTURE'' in title I of division J, add 
     at the end the following:

                rural water and waste disposal programs

       For an additional amount for gross obligations for the 
     principal amount of direct loans authorized by section 306 of 
     the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1926) and described in section 381E(d)(2) of that Act (7 
     U.S.C. 2009d(d)(2)), $2,000,000,000.
       For an additional amount for the cost of grants for rural 
     water, wastewater, and waste disposal programs authorized by 
     section 306 of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1926), $1,000,000,000, to remain available 
     until expended: Provided, That of the amount made available 
     under this heading in this Act, $40,000,000 shall be for 
     technical assistance grants for rural water and waste systems 
     pursuant to section 306(a)(14) of that Act (7 U.S.C. 
     1926(a)(14)): Provided further, That of the amounts made 
     available under this heading in this Act, up to 3 percent may 
     be available for administrative expenses: Provided further, 
     That such funds shall be transferred to, and merged with, the 
     appropriation for ``Rural Development, Salaries and 
     Expenses'': Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)(i)).
                                 ______
                                 
  SA 2606. 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))

[[Page S5980]]

to the bill H.R. 3684, to authorize funds 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 1890, line 25, strike ``$2,400,000,000'' and insert 
     ``$2,000,000,000''.
       On page 2014, between lines 10 and 11, insert the 
     following:

                  TITLE III--WATER RESOURCES PROJECTS

     SEC. 50301. ENVIRONMENTAL INFRASTRUCTURE PROJECTS.

       (a) In General.--The Secretary of the Army shall provide 
     design and construction assistance for environmental 
     infrastructure projects authorized under section 219 of the 
     Water Resources Development Act of 1992 (Public Law 102-580; 
     106 Stat. 4835).
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $400,000,000 for 
     fiscal year 2022, to remain available until expended.
       On page 2496, between lines 2 and 3, insert the following:

                      environmental infrastructure

       For an additional amount for design and construction 
     assistance for environmental infrastructure projects 
     authorized under section 219 of the Water Resources 
     Development Act of 1992 (Public Law 102-580; 106 Stat. 4835), 
     $400,000,000 for fiscal year 2022, to remain available until 
     expended:  Provided, 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.
       On page 2583, line 22, strike ``$55,426,000,000'' and 
     insert ``$55,026,000,000''.
       On page 2585, line 24, strike ``$11,713,000,000'' and 
     insert ``$11,313,000,000''.
       On page 2586, line 2, strike ``$1,902,000,000'' and insert 
     ``$1,502,000,000''.
                                 ______
                                 
  SA 2607. 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 end of title VIII of division D, add the following:

     SEC. 408___. PILOT PROGRAM ON FEDERAL LAND DATA AND ANALYSIS 
                   CONSORTIUM.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of the Interior 
     (referred to in this section as the ``Secretary''), in 
     partnership with eligible partners described in subsection 
     (b), shall carry out a pilot program (referred to in this 
     section as the ``program'') to develop a Federal Land Data 
     and Analysis Consortium for Orphaned and Abandoned Wells.
       (b) Eligible Partners.--An eligible partner referred to in 
     subsection (a) is an institution of higher education or a 
     private sector partner that has demonstrated research 
     capabilities in the area of remote sensing, mesh networking, 
     data visualization monitoring, machine learning or artificial 
     intelligence, data capture, or data analysis.
       (c) Authorized Activities.--Eligible partners with respect 
     to which the Secretary enters into a partnership under the 
     program may assist the Secretary in identifying, 
     categorizing, and prioritizing orphaned and abandoned wells 
     that are the greatest risk to public health and safety on 
     Federal land and Tribal land.
                                 ______
                                 
  SA 2608. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. _____. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF FUNDS 
                   FROM THE DEPARTMENT OF ENERGY.

       An awardee or subawardee carrying out an award or subaward 
     or project that is, in whole or in part, carried out using 
     funds provided by the Department of Energy shall clearly 
     state, to the extent possible, in any statement, press 
     release, request for proposals, bid solicitation, or other 
     document describing the award or subaward or project, other 
     than a communication containing not more than 280 
     characters--
       (1) the percentage of the total costs of the award or 
     subaward or project that will be financed with funds provided 
     by the Department of Energy;
       (2) the dollar amount of the funds provided by the 
     Department of Energy made available for the award or subaward 
     or project; and
       (3) whether the activities funded by the award or subaward 
     or project will be financed by nongovernmental sources.

     SEC. _____. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF FUNDS 
                   FROM THE DEPARTMENT OF TRANSPORTATION.

       (a) In General.--A grantee or subgrantee carrying out a 
     program, project, or activity that is, in whole or in part, 
     carried out using funds provided by the Department of 
     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 Transportation under this Act;
       (2) the dollar amount of the funds provided by the 
     Department of Transportation under this Act 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 non-Federal sources.
       (b) Application.--This section shall not apply to awards of 
     Federal funds less than $50,000.
                                 ______
                                 
  SA 2609. Mr. KELLY (for himself 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:

        On page 63, strike line 4 and insert the following:

     funds apportioned under section 104(b)(1).
       ``(l) Truck Parking.--
       ``(1) In general.--To address the shortage of parking for 
     commercial motor vehicles, for each fiscal year, a State 
     shall use not less than 0.7 percent of the amounts provided 
     to the State under section 104(b)(1) for that fiscal year for 
     projects eligible for funding under section 1401 of MAP-21 
     (23 U.S.C. 137 note; Public Law 112-141) to expand truck 
     parking capacity.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1), in whole or in part, with respect to a 
     State for a fiscal year if the State demonstrates to the 
     satisfaction of the Secretary that the State has met the 
     commercial motor vehicle parking needs of the State.''.
                                 ______
                                 
  SA 2610. Mr. OSSOFF (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds 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) Federal land.--The term `Federal land' means any land 
     or interest in land owned by the United States.
       ``(B) Indian land.--The term `Indian land' means--
       ``(i) land located within the boundaries of--

       ``(I) an Indian reservation, pueblo, or rancheria; or
       ``(II) a former reservation within Oklahoma; and

       ``(ii) land not located within the boundaries of an Indian 
     reservation, pueblo, or rancheria--

       ``(I) the title to which is held in trust by the United 
     States for the benefit of an Indian Tribe or an individual 
     Indian;
       ``(II) the title to which is held by an Indian Tribe or an 
     individual Indian, subject to restriction against alienation 
     under laws of the United States; or
       ``(III) the title to which is held by a dependent Indian 
     community.

       ``(C) 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.
       ``(D) 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, water, 
     steam, waste, storm water

[[Page S5981]]

     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) a renewable energy generation facility;
       ``(II) electrical transmission and distribution 
     infrastructure; and
       ``(III) 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)(D)(ii) within a right-of-way on a Federal-aid 
     highway.
       ``(4) Limitations.--Paragraph (3) shall not apply to--
       ``(A) a utility facility on Indian land; or
       ``(B) a utility facility on Federal land, other than for 
     the purpose of deployment of broadband infrastructure located 
     within a right-of-way available to a State.
       ``(5) Savings provision.--Nothing in this subsection alters 
     or affects any prohibition relating to commercial activity 
     under section 111(a).'';
       (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.--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 2611. 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 end of title XII of division D, add the following:

     SEC. 412___. HISTORIC PRESERVATION FUND.

       Section 303102 of title 54, United States Code, is amended 
     by--
       (1) striking ``of fiscal years 2012 to 2023'' and inserting 
     ``fiscal year''; and
       (2) striking ``$150,000,000'' and inserting 
     ``$300,000,000''.
                                 ______
                                 
  SA 2612. Mr. BENNET (for himself 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:

        On page 1612, between lines 15 and 16, insert the 
     following:
       (H) Wind.
                                 ______
                                 
  SA 2613. Mr. VAN HOLLEN (for himself, Mr. Cardin, Mr. Kaine, Mr. 
Warner, Mr. Reed, Ms. Warren, 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:

        On page 1152, strike lines 4 through 7 and insert the 
     following:
       ``(A) In general.--The Director may, without regard to any 
     provision of title 5 governing the appointment of employees 
     in the civil service--
       ``(i) appoint a total of not more than 140 scientific and 
     engineering personnel to positions in ARPA-I, in order to 
     facilitate the recruitment of eminent experts to support the 
     goals described in subsection (c);
       On page 1152, lines 11 and 12, strike ``, without regard to 
     the civil service laws''.

                                 ______
                                 
  SA 2614. Mr. MENENDEZ (for himself, Mr. Kennedy, Mrs. Hyde-Smith, Mr. 
Cassidy, and 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, insert the following:

     SEC. ___. CAP ON ANNUAL PREMIUM INCREASES.

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

     SEC. ___. MEANS TESTED AFFORDABILITY VOUCHER.

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

     ``SEC. 1326. AFFORDABILITY ASSISTANCE.

       ``(a) Affordability Assistance Fund.--
       ``(1) Establishment.--The Administrator shall establish in 
     the Treasury of the United States an Affordability Assistance 
     Fund (referred to in this section as the `Fund'), which shall 
     be--

[[Page S5982]]

       ``(A) an account separate from any other accounts or funds 
     available to the Administrator; and
       ``(B) available without fiscal year limitation.
       ``(2) Use of funds.--Amounts from the Fund shall be 
     available to provide financial assistance under subsection 
     (b).
       ``(b) Financial Assistance.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `adjusted gross income' has the meaning 
     given the term in section 62 of the Internal Revenue Code of 
     1986;
       ``(B) the term `eligible household' means a household--
       ``(i) for which housing expenses exceed 30 percent of the 
     adjusted gross income of the household in a year; and
       ``(ii)(I) for which the total assets owned by the household 
     are in an amount that is not greater than 220 percent of the 
     median household income for the State in which the household 
     is located; or
       ``(II) that has a total household income that is not 
     greater than 120 percent of the area median income for the 
     area in which the household is located; and
       ``(C) the term `housing expenses' means, with respect to a 
     household, the total amount that the household spends in a 
     year on--
       ``(i) mortgage payments;
       ``(ii) property taxes;
       ``(iii) homeowners insurance; and
       ``(iv) premiums for flood insurance under the national 
     flood insurance program.
       ``(2) Authority.--
       ``(A) Other financial assistance.--The Administrator shall 
     provide a voucher, grant, or premium credit to an eligible 
     household for a year in an amount that, subject to 
     subparagraph (B), is equal to the lesser of--
       ``(i) the difference between--

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

       ``(ii) the cost of premiums for the household for flood 
     insurance under the national flood insurance program for the 
     year.
       ``(B) Reduction.--The amount of the assistance provided 
     under subparagraph (A) to an eligible household shall be 
     reduced by 1 percent for each percent that the income of the 
     eligible household exceeds 120 percent of the median 
     household income for the State in which the property that is 
     the subject of the assistance is located.
       ``(3) Relationships with other agencies.--The Administrator 
     may enter into a memorandum of understanding with the head of 
     any other Federal agency to administer paragraph (2)(A).''.
       (b) Direct Appropriation.--Out of any money in the Treasury 
     not otherwise appropriated, there is appropriated to the 
     Affordability Assistance Fund established under section 1326 
     of the National Flood Insurance Act of 1968, as added by 
     subsection (a) of this section, $800,000,000 for each of 
     fiscal years 2022 through 2025 to provide financial 
     assistance under subsection (b) of such section 1326.

     SEC. ___. FORBEARANCE ON NFIP INTEREST PAYMENTS.

       (a) In General.--During the 5-year period beginning on the 
     date of enactment of this Act, the Secretary of the Treasury 
     may not charge the Administrator of the Federal Emergency 
     Management Agency (referred to in this section as the 
     ``Administrator'') interest on amounts borrowed by the 
     Administrator under section 1309(a) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4016(a)) that were 
     outstanding as of the date of enactment of this Act, 
     including amounts borrowed after the date of enactment of 
     this Act that refinance debts that existed before the date of 
     enactment of this Act.
       (b) Use of Saved Amounts.--There shall be deposited into 
     the National Flood Mitigation Fund an amount equal to the 
     interest that would have accrued on the borrowed amounts 
     during the 5-year period described in subsection (a) at the 
     time at which those interest payments would have otherwise 
     been paid, which, notwithstanding any provision of section 
     1367 of the National Flood Insurance Act of 1968 (42 U.S.C. 
     4104d), the Administrator shall use to carry out the program 
     established under section 1366 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4104c).
       (c) No Retroactive Accrual.--After the 5-year period 
     described in subsection (a), the Secretary of the Treasury 
     shall not require the Administrator to repay any interest 
     that, but for that subsection, would have accrued on the 
     borrowed amounts described in that subsection during that 5-
     year period.
                                 ______
                                 
  SA 2615. Mr. KELLY (for himself 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:

        On page 63, strike line 4 and insert the following:
     funds apportioned under section 104(b)(1).
       ``(l) Truck Parking.--
       ``(1) In general.--0.7 percent of the amounts provided to 
     each State under section 104(b)(1) for each fiscal year shall 
     be reserved for projects eligible for funding under section 
     1401 of MAP-21 (23 U.S.C. 137 note; Public Law 112-141) to 
     create, expand, or improve truck parking capacity.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1), in whole or in part, with respect to a 
     State for a fiscal year if the State demonstrates to the 
     satisfaction of the Secretary that the State has met the 
     commercial motor vehicle parking needs of the State.''.
                                 ______
                                 
  SA 2616. Ms. KLOBUCHAR (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 80, strike lines 11 and 12 and insert the 
     following:
     ignated under section 167(e).'';
       (7) in subsection (h)(5)(A), by striking ``the amount of 
     the funds apportioned to the State for fiscal year 2009 under 
     section 104(h)(2), as in effect on the day before the date of 
     enactment of MAP-21,'' and inserting ``9 percent of the 
     amount reserved under this subsection''; and
       (8) by adding at the end the following:
                                 ______
                                 
  SA 2617. Mr. WARNER (for himself, Mr. Portman, and Ms. Sinema) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 2437, strike lines 9 through 18 and insert the 
     following:
       (d) Rules of Construction.--
       (1) Definition of broker.--Nothing in this section or the 
     amendments made by this section shall be construed to create 
     any inference that a person described in section 
     6045(c)(1)(D) of the Internal Revenue Code of 1986, as added 
     by this section, includes any person solely engaged in the 
     business of--
       (A) validating distributed ledger transactions through 
     proof of work (mining), or
       (B) selling hardware or software the sole function of which 
     is to permit persons to control a private key (used for 
     accessing digital assets on a distributed ledger).
       (2) Brokers and treatment of digital assets.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to create any inference, for any period prior to 
     the effective date of such amendments, with respect to--
       (A) whether any person is a broker under section 6045(c)(1) 
     of the Internal Revenue Code of 1986, or
       (B) whether any digital asset is property which is a 
     specified security under section 6045(g)(3)(B) of such Code.
                                 ______
                                 
  SA 2618. 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 subtitle E of title I of division A, add the 
     following:

     SEC. 115__. DRY BULK WEIGHT TOLERANCE.

       Section 127 of title 23, United States Code (as amended by 
     section 11515(2)), is amended by adding at the end the 
     following:
       ``(x) Dry Bulk Weight Tolerance.--
       ``(1) Definition of dry bulk goods.--In this subsection, 
     the term `dry bulk goods' means any homogeneous unmarked 
     nonliquid cargo being transported in a trailer specifically 
     designed for that purpose.
       ``(2) Weight tolerance.--Notwithstanding any other 
     provision of this section, except for the maximum gross 
     vehicle weight limitation, a commercial motor vehicle 
     transporting dry bulk goods may not exceed 110 percent of the 
     maximum weight on any axle or axle group described in 
     subsection (a), including any enforcement tolerance.''.
                                 ______
                                 
  SA 2619. Mr. WYDEN (for himself, Ms. Lummis, and Mr. Toomey) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney))

[[Page S5983]]

to the bill H.R. 3684, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:
        On page 2437, strike lines 9 through 18 and insert the 
     following:

       (d) Rule of Construction.--
       (1) Definition of broker.--Nothing in this section or the 
     amendments made by this section shall be construed to create 
     any inference that a person described in section 
     6045(c)(1)(D) of the Internal Revenue Code of 1986, as added 
     by this section, includes any person solely engaged in the 
     business of--
       (A) validating distributed ledger transactions,
       (B) selling hardware or software for which the sole 
     function is to permit a person to control private keys which 
     are used for accessing digital assets on a distributed 
     ledger, or
       (C) developing digital assets or their corresponding 
     protocols for use by other persons, provided that such other 
     persons are not customers of the person developing such 
     assets or protocols.
       (2) Brokers and treatment of digital assets.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to create any inference, for any period prior to 
     the effective date of such amendments, with respect to--
       (A) whether any person is a broker under section 6045(c)(1) 
     of the Internal Revenue Code of 1986, or
       (B) whether any digital asset is property which is a 
     specified security under section 6045(g)(3)(B) of such Code.
                                 ______
                                 
  SA 2620. Ms. SINEMA submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds 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 125, line 8, insert a semicolon at the end.
       On page 419, line 6, strike ``1109(a)(1)(C)'' and insert 
     ``11109(a)(1)(C)''.
       On page 443, line 12, strike ``is amended by adding'' and 
     insert the following: ``is amended--
       (1) by striking the seventh, eighth, and ninth sentences; 
     and
       (2) by adding
       On page 650, line 6, strike ``a State'' and insert ``a 
     State (including the District of Columbia)''.
       On page 659, line 1, strike ``a State'' and insert ``a 
     State (including the District of Columbia)''.
       On page 699, line 25, strike ``22306'' and insert 
     ``22308''.
       On page 721, line 14, strike ``category'' and insert 
     ``categories''.
       On page 797, line 21, strike ``22210'' and insert 
     ``22910''.
       On page 1025, line 13, strike ``40'' and insert ``25''.
       On page 1287, line 16, insert ``5334,'' after ``5318,''.
        On page 1592, strike lines 6 through 13 and insert the 
     following:
       ``(2) is placed in service on or after the date of 
     enactment of this section;
       ``(3) meets the requirements of subclauses (I) and (III) of 
     section 242(b)(1)(B)(ii); and
       ``(4)(A) is in compliance with all applicable Federal, 
     Tribal, and State requirements; or
       ``(B) would be constructed or brought into compliance with 
     the requirements described in subparagraph (A) as a result of 
     the capital improvements or investment carried out using an 
     incentive payment under this section.
       On page 1593, line 15, insert ``subject to subsection 
     (c),'' before ``environmental''.
       On page 1594, between lines 8 and 9, insert the following:
       ``(c) Condition.--Incentive payments may only be made for 
     environmental improvements under subsection (b)(3) on the 
     condition that the improvements, including any related 
     physical or operational changes, have been authorized under 
     applicable Federal, State, and Tribal permitting or licensing 
     processes that include appropriate mitigation conditions 
     arising from consultation and environmental review under the 
     processes.
       On page 1594, line 9, strike ``(c)'' and insert ``(d)''.
       On page 1594, line 18, strike ``(d)'' and insert ``(e)''.
        In section 40541(a) of division D, strike paragraph (7) 
     and insert the following:
       (7) Nonprofit organization.--The term ``nonprofit 
     organization'' means--
       (A) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 that is exempt from tax under 
     section 501(a) of such Code;
       (B) a mutual or cooperative electric company described in 
     section 501(c)(12) of such Code that is exempt from tax under 
     section 501(a) of such Code; or
       (C) an organization which is engaged in furnishing electric 
     energy described in section 1381(a)(2)(C) of such Code.
        On page 2195, strike lines 3 through 14 and insert the 
     following:
       (F) the Committee on Indian Affairs of the Senate;
       (G) the Committee on Natural Resources of the House of 
     Representatives;
       (H) the Committee on Agriculture of the House of 
     Representatives;
       (I) the Committee on Homeland Security of the House of 
     Representatives;
       (J) the Committee on Appropriations of the House of 
     Representatives;
       (K) the Committee on Ways and Means of the House of 
     Representatives; and
       (L) the Committee on Natural Resources of the House of 
     Representatives.
       Beginning on page 2200, strike line 6 and all that follows 
     through page 2201, line 17, and insert the following:

       (III) a county government, with preference given to 
     counties at least a portion of which is in the wildland-urban 
     interface;
       (IV) a municipal government, with preference given to 
     municipalities at least a portion of which is in the 
     wildland-urban interface; and
       (V) an Indian tribal government;

       (iii) with preference given to representatives from high-
     risk States and high-risk Indian tribal governments, not 
     fewer than 1 representative from each of--

       (I) the public utility industry;
       (II) the property development industry;
       (III) wildland firefighters; and
       (IV) an organization--

       (aa) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from taxation under section 501(a) of 
     that Code; and
       (bb) with expertise in forest management and environmental 
     conservation;
       (iv) not greater than 2 other appropriate non-Federal 
     stakeholders, which may include the private sector; and
       (v) any other appropriate non-Federal stakeholders, which 
     may include the private sector, with preference given to non-
     Federal stakeholders from high-risk States and high-risk 
     Indian tribal governments.
       (2) State and indian tribal government limitation.--Each 
     member of the Commission appointed under clauses (i) and (ii) 
     of paragraph (1)(C) shall represent a different State or 
     Indian tribal government.
       On page 2410, line 10, strike ``project which'' and insert 
     ``project''.
       On page 2410, line 11, insert ``which'' before ``is''.
       On page 2410, line 17, strike ``and''.
       Beginning on page 2410, strike line 18 and all that follows 
     through page 2411, line 2, and insert the following:
       (B) which results in internet access which--
       (i) is provided at speeds not less than 100 megabits per 
     second for downloads and 20 megabits per second for uploads; 
     and
       (ii) is provided to residential households; and
       (C) under which not less than 90 percent of the residential 
     households and commercial locations provided internet access 
     are households and locations where, before the project, a 
     broadband service provider--
       In the eighth proviso under the heading ``distance 
     learning, telemedicine, and broadband program'' under the 
     heading ``Rural Utilities Service'' under the heading ``RURAL 
     DEVELOPMENT PROGRAMS'' under the heading ``DEPARTMENT OF 
     AGRICULTURE'' in title I of division J, strike ``electric 
     cooperatives'' and insert ``pole owners''.
       On page 2467, line 2, insert a comma after 
     ``Corporations''.
       On page 2474, line 8, insert ``until'' after ``available''.
       On page 2478, line 25, strike ``an institution'' and insert 
     ``institutions''.
       On page 2479, line 1, strike ``non-profit,'' and insert 
     ``non-profit or''.
        On page 2552, strike lines 17 through 20 and insert the 
     following:
     made available in fiscal years 2022 through 2026 under this 
     paragraph
       On page 2572, lines 3 and 4, strike ``salaries, expenses, 
     and''.
       On page 2585, line 6, strike ``three'' and insert ``four''.
       On page 2587, line 3, strike ``three'' and insert ``four''.
       On page 2589, line 2, strike ``three'' and insert ``four''.
       On page 2590, line 15, strike ``three'' and insert 
     ``four''.
       On page 2592, line 6, strike ``three'' and insert ``four''.
       On page 2597, line 4, strike ``three'' and insert ``five''.
       On page 2604, line 5, strike the period at the end and 
     insert ``: Provided, That the amount provided by this section 
     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.''.
       On page 2616, line 24, insert ``Federal'' before 
     ``salaries''.
       On page 2621, line 2, insert ``until'' after ``available''.
       On page 2624, strike lines 13 through 15 and insert the 
     following:
     the programs administered by the Office of Multimodal Freight 
     Infrastructure and Policy may be transferred to an ``Office 
     of Multimodal Freight Infrastructure and Policy'' account,
       On page 2625, lines 8 and 9, strike ``Office of Multimodal 
     Infrastructure and Freight'' and insert ``Office of 
     Multimodal Freight Infrastructure and Policy''.

[[Page S5984]]

       On page 2625, line 23, strike ``section 6203'' and insert 
     ``section 6703''.
       On page 2626, lines 3 and 4, strike ``Office of Multimodal 
     Infrastructure and Freight'' and insert ``Office of 
     Multimodal Freight Infrastructure and Policy''.
       On page 2637, line 12, strike ``program'' and inserting 
     ``programs''.
       On page 2638, line 13, strike ``administrations'' and 
     insert ``administration''.
       On page 2639, line 8, strike ``further''.
       On page 2645, line 21, strike ``preceding proviso'' and 
     insert ``sixth proviso of this paragraph in this Act''.
       On page 2645, line 23, strike ``the preceding'' and insert 
     ``such''.
       On page 2646, line 3, strike ``the preceding'' and insert 
     ``such''.
       On page 2646, line 5, strike ``under'' and insert ``of''.
       On page 2646, line 8, strike ``preceding proviso'' and 
     insert ``sixth proviso of this paragraph in this Act''.
       On page 2648, line 23, strike ``publically'' and insert 
     ``publicly''.
       On page 2648, line 25, strike ``publically'' and insert 
     ``publicly''.
       On page 2652, line 9, strike ``twenty-fourth'' and insert 
     ``twenty-sixth''.
       On page 2653, line 4, strike ``nineteenth'' and insert 
     ``twenty-first''.
       On page 2656, line 7, strike ``previous'' and insert 
     ``preceding''.
       On page 2661, line 16, strike ``third proviso in this'' and 
     insert ``third proviso of this''.
       On page 2661, line 20, strike ``under this heading'' and 
     insert ``under this paragraph in this Act''.
       On page 2661, line 22, strike ``in'' and insert ``of''.
       On page 2673, line 3, insert ``appropriate costs required 
     for'' after ``available for''.
       On page 2673, line 19, insert ``, in consultation with 
     Amtrak,'' before ``shall submit''.
       On page 2674, line 1, strike ``shall'' and insert ``, in 
     consultation with Amtrak, shall prepare and''.
       On page 2674, line 11, strike ``capital''.
       On page 2676, line 19, insert ``appropriate costs required 
     for'' after ``available for''.
       On page 2677, line 16, insert ``, in consultation with 
     Amtrak,'' before ``shall submit''.
       On page 2677, line 23, strike ``shall'' and insert ``, in 
     consultation with Amtrak, shall prepare and''.
        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 2621. 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 1463, line 3, strike ``maritime''.
       On page 1463, line 6, strike ``maritime''.
       On page 1463, lines 9 and 10, strike ``maritime''.
       On page 1548, line 18, strike ``maritime''.
       On page 1548, line 23, strike ``maritime''.
        On page 1549, line 3, strike ``maritime''.
       On page 1549, line 6, strike ``maritime''.
       On page 1549, line 25, strike ``maritime applications'' and 
     insert ``vessels''.
       On page 1621, line 19, strike ``maritime''.
                                 ______
                                 
  SA 2622. Mr. SCHATZ (for Mrs. Murray (for herself and Mr. Burr)) 
proposed an amendment to the bill S. 610, to address behavioral health 
and well-being among health care professionals; as follows:



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

  
  On page S5984, August 5, 2021, in the second column, the 
following appears: SA 2622. Mr. SCHATZ (for Mrs. Murray) proposed 
an amendment to the bill S. 610 . . .
  
  The online Record has been corrected to read: SA 2622. Mr. 
SCHATZ (for Mrs. Murray (for herself and Mr. Burr)) proposed an 
amendment to the bill S. 610 . . .


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


       In section 5(b), strike paragraph (1) and insert the 
     following:
       (1) the prevalence and severity of mental health conditions 
     among health professionals, and factors that contribute to 
     those mental health conditions;
       At the end, add the following:

     SEC. 6. GAO REPORT.

       Not later than 4 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     report to Congress on the extent to which Federal substance 
     use disorder and mental health grant programs address the 
     prevalence and severity of mental health conditions and 
     substance use disorders among health professionals. Such 
     report shall include an analysis of available evidence and 
     data related to such conditions and programs, and shall 
     assess whether there are duplicative goals and objectives 
     among such grant programs.
                                 ______
                                 
  SA 2623. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:
       At the end add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2624. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 2623 submitted by Mr. Schumer and intended to be 
proposed to the amendment SA 2137 proposed by Mr. Schumer (for Ms. 
Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. 
Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. 
Romney)) to the bill H.R. 3684, to authorize funds 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 1, line 3, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 2625. Mr. SCHUMER 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 add the following:

     SEC. __. EFFECTIVE DATE.

       This Act shall take effect on the date that is 4 days after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2626. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 2625 submitted by Mr. Schumer and intended to be 
proposed to the bill H.R. 3684, to authorize funds 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 1, line 3, strike ``4'' and insert ``5''.
                                 ______
                                 
  SA 2627. Mr. WARNER (for himself, Mr. Portman, and Ms. Sinema) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        On page 2437, after line 8, insert the following:
       (d) Rules of Construction.--
       (1) Definition of broker.--Nothing in this section or the 
     amendments made by this section shall be construed to create 
     any inference that a person described in section 
     6045(c)(1)(D) of the Internal Revenue Code of 1986, as added 
     by this section, includes any person solely engaged in the 
     business of--
       (A) validating distributed ledger transactions through 
     proof of work (mining), or
       (B) selling hardware or software the sole function of which 
     is to permit persons to control a private key (used for 
     accessing digital assets on a distributed ledger).
       (2) Brokers and treatment of digital assets.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to create any inference, for any period prior to 
     the effective date of such amendments, with respect to--
       (A) whether any person is a broker under section 6045(c)(1) 
     of the Internal Revenue Code of 1986, or
       (B) whether any digital asset is property which is a 
     specified security under section 6045(g)(3)(B) of such Code.

                          ____________________