[Congressional Record Volume 167, Number 142 (Saturday, August 7, 2021)]
[Senate]
[Pages S6015-S6029]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2628. Mr. KAINE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 242, line 22, strike ``and''.
       On page 242, line 23, strike ``and''.
       On page 242, between lines 23 and 24, insert the following:
       (iv) greenhouse gas emissions and energy use; and
       (v) equitable access to jobs; and
       On page 243, line 10, insert ``emissions, equitable access 
     to jobs,'' after ``travel,''.
       Beginning on page 243, strike line 24 and all that follows 
     through page 244, line 5, and insert the following:
       (2) Secretarial support.--
       (A) In general.--The Secretary shall seek opportunities to 
     support the transportation planning processes under sections 
     134 and 135 of title 23, United States Code, through the 
     provision of data to States and metropolitan planning 
     organizations, and through working with the private sector to 
     procure relevant data in a competitive process, to improve 
     the quality of plans, models, and forecasts described in this 
     subsection.
       (B) Additional support.--The Secretary shall seek 
     opportunities to provide funds to States and metropolitan 
     planning organizations to work with the private sector to 
     procure relevant data in a competitive process to improve the 
     quality of plans, models, and forecasts described in this 
     subsection.
                                 ______
                                 
  SA 2629. 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 S6016]]

Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        Beginning on page 221, strike line 21 and all that follows 
     through page 222, line 2, and insert the following:
     enhance public safety; and
       (4) the minimum retroreflectivity of traffic control 
     devices and pavement markings.
                                 ______
                                 
  SA 2630. Mr. CARDIN (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        In section 71103(a)(2) of title XI of division G, strike 
     subparagraph (B) and insert the following:
       (B) serves rural areas.
                                 ______
                                 
  SA 2631. Mr. CARPER 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 401, line 8, strike ``60 days'' and insert ``59 
     days''.
                                 ______
                                 
  SA 2632. Mr. CARPER 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 1, line 1, strike ``59'' and insert ``58''.
                                 ______
                                 
  SA 2633. Mr. CARPER proposed an amendment to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; as follows:

       On page 15, between lines 5 and 6, insert the following:

     SEC. 4. EFFECTIVE DATE.

       Except as otherwise provided, this Act and the amendments 
     made by this Act take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 2634. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 2633 proposed by Mr. Carper 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 6, strike ``1 day'' and insert ``2 days''.
                                 ______
                                 
  SA 2635. Ms. CORTEZ MASTO (for herself, Mr. Cornyn, Ms. Hassan, 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 2633, line 16, insert after ``appropriations:'' 
     the following: ``Provided further, That of the amounts made 
     available under this heading in this Act for personnel, 
     contracting, and other costs to administer and oversee 
     grants, $25,000,000, which shall be made available in equal 
     amounts for each of fiscal years 2022 through 2026, shall be 
     made available to carry out competitive grants, to be awarded 
     by the Federal Aviation Administration, in coordination with 
     the Department of Transportation Human Trafficking Prevention 
     Coordinator, to address human trafficking awareness, 
     education, and prevention efforts, including by coordinating 
     human trafficking prevention efforts across multimodal 
     transportation operations within a community and in line with 
     the best practices and recommendations provided by the 
     Department of Transportation Advisory Committee on Human 
     Trafficking:''.
       On page 2684, line 22, strike ``$5,250,000,000'' and insert 
     ``$5,225,000,000''.
       On page 2684, line 24, strike ``and''.
       On page 2685, line 4, strike ``Code:'' and insert ``Code; 
     and''.
       On page 2685, between lines 4 and 5, insert the following:
       (4) $25,000,000 shall be to carry out competitive grants, 
     to be awarded by the Federal Transit Administration under 
     section 5314 of title 49, United States Code, in coordination 
     with the Department of Transportation Human Trafficking 
     Prevention Coordinator, to address human trafficking 
     awareness, education, and prevention efforts, including by 
     coordinating human trafficking prevention efforts across 
     multimodal transportation operations within a community and 
     in line with the best practices and recommendations provided 
     by the Department of Transportation Advisory Committee on 
     Human Trafficking:
                                 ______
                                 
  SA 2636. Mr. ROUNDS submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        In section 24220(a)(5), strike ``ensure the prevention 
     of'' and insert ``reduce''.
       In section 24220(a)(5), strike ``must be standard equipment 
     in all new passenger motor vehicles'' and insert ``shall be 
     examined in a report described in subsection (c)''.
       In section 24220(c), in the subsection heading, strike 
     ``Safety Standard'' and insert ``Report''.
       In section 24220(c), insert ``report on the appropriateness 
     of issuing a'' after ``shall issue a''.
       In section 24220(d), strike ``To allow sufficient time for 
     manufacturer compliance, the compliance date of the rule 
     issued under subsection (c)'' and insert ``If, in the report 
     issued under subsection (c), the Secretary determines that it 
     would be appropriate to issue a final rule as described in 
     that subsection, to allow sufficient time for manufacturer 
     compliance, the Secretary shall ensure that the compliance 
     date of any rule that the Secretary may issue pursuant to 
     that subsection''.
       In section 24220(e), in the matter preceding paragraph (1), 
     strike ``If the Secretary determines that the Federal motor 
     vehicle safety standard required under subsection (c)'' and 
     insert ``If, in the report issued under subsection (c), the 
     Secretary determines that a Federal motor vehicle safety 
     standard described in that subsection''.
       In section 24220(e), in the matter preceding paragraph (1), 
     strike ``by the applicable date'' and insert ``by the date of 
     the report''.
       In section 24220(e)(1), insert ``for considering the 
     appropriateness of issuing such a standard'' after ``the time 
     period''.
       In section 24220(e)(2), in the matter preceding 
     subparagraph (A), strike ``the rule under that subsection'' 
     and insert ``a rule described in that subsection, if 
     determined to be appropriate,''.
       In section 24220(e)(2)(D), insert ``, if determined to be 
     appropriate'' after ``subsection (c)''.
       In section 24220(e)(3), in the matter preceding 
     subparagraph (A), strike ``required by'' and insert 
     ``described in''.
                                 ______
                                 
  SA 2637. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        On page 2438, strike lines 6 through 9 and insert the 
     following:
       (2) in subsection (n), by striking ``January 1, 2022'' and 
     inserting ``October 1, 2021 (or, in the case of wages paid by 
     an eligible employer which is a recovery startup business or 
     an organization which is described in section 501(c) and 
     exempt from tax under section 501(a), January 1, 2022)''.
                                 ______
                                 
  SA 2638. Mr. KING (for himself, Mr. Sasse, Mr. Rounds, and Ms. Rosen) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:


[[Page S6017]]


  

       At the end of title VI of division G, add the following:

         Subtitle C--National Cyber Resilience Assistance Fund

     SEC. 70621. ESTABLISHMENT OF THE NATIONAL CYBER RESILIENCE 
                   ASSISTANCE FUND.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States now operates in a cyber landscape 
     that requires a level of data security, resilience, and 
     trustworthiness that neither the United States Government nor 
     the private sector alone is currently equipped to provide;
       (2) the United States must deny benefits to adversaries who 
     have long exploited cyberspace to their advantage, to the 
     disadvantage of the United States, and at little cost to 
     themselves;
       (3) this new approach requires securing critical networks 
     in collaboration with the private sector to promote national 
     resilience and increase the security of the cyber ecosystem;
       (4) reducing the vulnerabilities adversaries can target 
     denies them opportunities to attack the interests of the 
     United States through cyberspace;
       (5) the public and private sectors struggle to coordinate 
     cyber defenses, leaving gaps that decrease national 
     resilience and create systemic risk;
       (6) new technology continues to emerge that further 
     compounds these challenges;
       (7) while the Homeland Security Grant Program and 
     resourcing for national preparedness under the Federal 
     Emergency Management Agency are well-established, the United 
     States Government has no equivalent for cybersecurity 
     preparation or prevention;
       (8) the lack of a consistent, resourced fund for investing 
     in resilience in key areas inhibits the United States 
     Government from conveying its understanding of risk into 
     strategy, planning, and action in furtherance of core 
     objectives for the security and resilience of critical 
     infrastructure;
       (9) the Federal Government must fundamentally shift the way 
     it invests in resilience and shift the focus away from 
     reactive disaster spending towards research-supported and 
     risk-driven proactive investment in critical infrastructure 
     cyber resilience;
       (10) Congress has worked diligently to establish the 
     Cybersecurity and Infrastructure Security Agency, creating a 
     new agency that can leverage broad authorities to receive and 
     share information, provide technical assistance to operators, 
     and partner with stakeholders across the executive branch, 
     State and local communities, and the private sector;
       (11) the Cybersecurity and Infrastructure Security Agency 
     requires strengthening in its mission to ensure the national 
     resilience of critical infrastructure, promote a more secure 
     cyber ecosystem, and serve as the central coordinating 
     element to support and integrate Federal, State, local, and 
     private-sector cybersecurity efforts; and
       (12) the Cybersecurity and Infrastructure Security Agency 
     requires further resource investment and clear authorities to 
     realize its full potential.
       (b) Amendments.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
       (1) in section 2202(c) (6 U.S.C. 652(c))--
       (A) in paragraph (11), by striking ``and'' at the end;
       (B) in the first paragraph designated as paragraph (12), 
     relating to the Cybersecurity State Coordinator--
       (i) by striking ``section 2215'' and inserting ``section 
     2217''; and
       (ii) by striking ``and'' at the end; and
       (C) by redesignating the second and third paragraphs 
     designated as paragraph (12) as paragraphs (13) and (14), 
     respectively;
       (2) by redesignating section 2218, as added by section 
     70612 of this Act, as section 2220A;
       (3) by redesignating section 2217 (6 U.S.C. 665f) as 
     section 2220;
       (4) by redesignating section 2216 (6 U.S.C. 665e) as 
     section 2219;
       (5) by redesignating the fourth section 2215 (relating to 
     Sector Risk Management Agencies) (6 U.S.C. 665d) as section 
     2218;
       (6) by redesignating the third section 2215 (relating to 
     the Cybersecurity State Coordinator) (6 U.S.C. 665c) as 
     section 2217;
       (7) by redesignating the second section 2215 (relating to 
     the Joint Cyber Planning Office) (6 U.S.C. 665b) as section 
     2216; and
       (8) by adding at the end the following:

     ``SEC. 2220B. NATIONAL CYBER RESILIENCE ASSISTANCE FUND.

       ``(a) Definitions.--In this section:
       ``(1) Cybersecurity risk.--The term `cybersecurity risk' 
     has the meaning given that term in section 2209.
       ``(2) Eligible entity.--The term `eligible entity' means an 
     entity that meets the guidelines and requirements for 
     eligible entities established by the Secretary under 
     subsection (d)(4).
       ``(3) Fund.--The term `Fund' means the National Cyber 
     Resilience Assistance Fund established under subsection (c).
       ``(4) National critical functions.--The term `national 
     critical functions' means the functions of government and the 
     private sector so vital to the United States that their 
     disruption, corruption, or dysfunction would have a 
     debilitating effect on security, national economic security, 
     national public health or safety, or any combination thereof.
       ``(b) Creation of a Critical Infrastructure Resilience 
     Strategy and a National Risk Management Cycle.--
       ``(1) Initial risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a process by which to identify, 
     assess, and prioritize risks to critical infrastructure, 
     considering both cyber and physical threats, vulnerabilities, 
     and consequences.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall coordinate with 
     the heads of Sector Risk Management Agencies and consult with 
     critical infrastructure owners and operators and the National 
     Cyber Director.
       ``(C) Publication.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall publish in 
     the Federal Register procedures for the process established 
     under subparagraph (A).
       ``(D) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit to the 
     President, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the risks identified by the process established under 
     subparagraph (A).
       ``(2) Initial national critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers the report required under 
     paragraph (1)(D), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--In the strategy delivered under 
     subparagraph (A), the President shall--
       ``(i) identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise, disrupt, or 
     impede the ability of the critical infrastructure to support 
     the national critical functions of national security, 
     economic security, or public health and safety;
       ``(ii) identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified;
       ``(iii) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each;
       ``(iv) outline the budget plan required to provide 
     sufficient resources to successfully execute the full range 
     of activities proposed or described by the strategy; and
       ``(v) request any additional authorities or resources 
     necessary to successfully execute the strategy.
       ``(C) Form.--The strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers the strategy under 
     subparagraph (A), and every year thereafter, the Secretary, 
     in coordination with the heads of Sector Risk Management 
     Agencies, shall brief the appropriate congressional 
     committees on the national risk management cycle activities 
     undertaken pursuant to the strategy.
       ``(4) Five year risk management cycle.--
       ``(A) Risk identification and assessment.--Under procedures 
     established by the Secretary, the Secretary shall repeat the 
     conducting and reporting of the risk identification and 
     assessment required under paragraph (1), in accordance with 
     the requirements in paragraph (1), every 5 years.
       ``(B) Strategy.--Under procedures established by the 
     President, the President shall repeat the preparation and 
     delivery of the critical infrastructure resilience strategy 
     required under paragraph (2), in accordance with the 
     requirements in paragraph (2), every 5 years, which shall 
     also include assessing the implementation of the previous 
     national critical infrastructure resilience strategy.
       ``(c) Establishment of the National Cyber Resilience 
     Assistance Fund.--There is established in the Treasury of the 
     United States a fund, to be known as the `National Cyber 
     Resilience Assistance Fund', which shall be available for the 
     cost of risk-based grant programs focused on systematically 
     increasing the resilience of public and private critical 
     infrastructure against cybersecurity risk, thereby increasing 
     the overall resilience of the United States.
       ``(d) Administration of Grants From the National Cyber 
     Resilience Assistance Fund.--
       ``(1) In general.--In accordance with this section, the 
     Secretary, acting through the Administrator of the Federal 
     Emergency Management Agency and the Director, shall develop 
     and administer processes to--
       ``(A) establish focused grant programs to address 
     identified areas of cybersecurity risk to, and bolster the 
     resilience of, critical infrastructure;
       ``(B) accept and evaluate applications for each such grant 
     program;
       ``(C) award grants under each such grant program; and
       ``(D) disburse amounts from the Fund.
       ``(2) Establishment of risk-focused grant programs.--
       ``(A) Establishment.--

[[Page S6018]]

       ``(i) In general.--The Secretary, acting through the 
     Director and the Administrator of the Federal Emergency 
     Management Agency, may establish not less than 1 grant 
     program focused on mitigating an identified category of 
     cybersecurity risk identified under the national risk 
     management cycle and critical infrastructure resilience 
     strategy under subsection (b) in order to bolster the 
     resilience of critical infrastructure within the United 
     States.
       ``(ii) Selection of focus area.--Before selecting a focus 
     area for a grant program pursuant to this subparagraph, the 
     Director shall ensure--

       ``(I) there is a clearly-defined cybersecurity risk 
     identified through the national risk management cycle and 
     critical infrastructure resilience strategy under subsection 
     (b) to be mitigated;
       ``(II) market forces do not provide sufficient private-
     sector incentives to mitigate the risk without Government 
     investment; and
       ``(III) there is clear Federal need, role, and 
     responsibility to mitigate the risk in order to bolster the 
     resilience of critical infrastructure.

       ``(B) Funding.--
       ``(i) Recommendation.--Beginning in the first fiscal year 
     following the establishment of the Fund and each fiscal year 
     thereafter, the Director shall--

       ``(I) assess the funds available in the Fund for the fiscal 
     year; and
       ``(II) recommend to the Secretary the total amount to be 
     made available from the Fund under each grant program 
     established under this subsection.

       ``(ii) Allocation.--After considering the recommendations 
     made by the Director under clause (i) for a fiscal year, the 
     Director shall allocate amounts from the Fund to each active 
     grant program established under this subsection for the 
     fiscal year.
       ``(3) Use of funds.--
       ``(A) In general.--Amounts in the Fund shall be used to 
     proactively mitigate risks identified through the national 
     risk management cycle and critical infrastructure resilience 
     strategy under subsection (b) before cyber incidents occur, 
     through activities such as--
       ``(i) proactive vulnerability assessments and mitigation;
       ``(ii) defrayal of costs to invest in backup systems 
     critical to mitigating national or economic security risks, 
     as determined by the Federal Government, with cost-sharing 
     from the recipient entity in accordance with subparagraph 
     (B);
       ``(iii) defrayal of costs to invest in replacing vulnerable 
     systems and assets critical to mitigating national or 
     economic security risks, as determined by the Federal 
     Government, with more secure alternatives with cost-sharing 
     from the recipient entity in accordance with subparagraph 
     (B);
       ``(iv) grants to nonprofit entities to develop publicly 
     available low-cost or no-cost cybersecurity tools for small-
     sized and medium-sized entities;
       ``(v) proactive threat detection and hunting; and
       ``(vi) network protections.
       ``(B) Federal share.--The Federal share of the cost of an 
     activity described in clause (ii) or (iii) of subparagraph 
     (A) carried out using funds made available under this section 
     may not exceed--
       ``(i) for fiscal year 2022, 90 percent;
       ``(ii) for fiscal year 2023, 80 percent;
       ``(iii) for fiscal year 2024, 70 percent;
       ``(iv) for fiscal year 2025, 60 percent; and
       ``(v) for fiscal year 2026, and each fiscal year 
     thereafter, 50 percent.
       ``(4) Eligible entities.--
       ``(A) Guidelines and requirements.--
       ``(i) In general.--In accordance with clause (ii), the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs and the Committee on Appropriations 
     of the Senate and the Committee on Homeland Security and the 
     Committee on Appropriations of the House of Representatives a 
     set of guidelines and requirements for determining the 
     entities that are eligible entities.
       ``(ii) Deadlines.--The Secretary shall submit the 
     guidelines and requirements under clause (i)--

       ``(I) not later than 180 days after the date of enactment 
     of this section, and every 2 years thereafter; and
       ``(II) not later than 90 days before the date on which the 
     Secretary implements the guidelines and requirements.

       ``(B) Considerations.--In developing guidelines and 
     requirements for eligible entities under subparagraph (A), 
     the Secretary shall consider--
       ``(i) number of employees;
       ``(ii) annual revenue;
       ``(iii) existing entity cybersecurity spending;
       ``(iv) current cyber risk assessments, including credible 
     threats, vulnerabilities, and consequences; and
       ``(v) entity capacity to invest in mitigating cybersecurity 
     risk absent assistance from the Federal Government.
       ``(5) Limitation.--For any fiscal year, an eligible entity 
     may not receive more than 1 grant from each grant program 
     established under this subsection.
       ``(6) Grant processes.--The Secretary, acting through the 
     Administrator of the Federal Emergency Management Agency, 
     shall require the submission of such information as the 
     Secretary determines is necessary to--
       ``(A) evaluate a grant application against the criteria 
     established under this section;
       ``(B) disburse grant funds;
       ``(C) provide oversight of disbursed grant funds; and
       ``(D) evaluate the effectiveness of the funded project in 
     increasing the overall resilience of the United States with 
     respect to cybersecurity risks.
       ``(7) Grant criteria.--For each grant program established 
     under this subsection, the Director, in coordination with the 
     Administrator of the Federal Emergency Management Agency and 
     the heads of appropriate Sector Risk Management Agencies, 
     shall develop and publish criteria for evaluating 
     applications for funding, which shall include--
       ``(A) whether the application identifies a clearly-defined 
     cybersecurity risk;
       ``(B) whether the cybersecurity risk identified in the 
     grant application poses a substantial threat to critical 
     infrastructure;
       ``(C) whether the application identifies a program or 
     project clearly designed to mitigate a cybersecurity risk;
       ``(D) the potential consequences of leaving the identified 
     cybersecurity risk unmitigated, including the potential 
     impact to the critical functions and overall resilience of 
     the nation; and
       ``(E) other appropriate factors identified by the Director.
       ``(8) Evaluation of grants applications.--
       ``(A) In general.--Utilizing the criteria established under 
     paragraph (7), the Director, in coordination with the 
     Administrator of the Federal Emergency Management Agency and 
     the heads of appropriate Sector Risk Management Agencies, 
     shall evaluate grant applications made under each grant 
     program established under this subsection.
       ``(B) Recommendation.--Following the evaluations required 
     under subparagraph (A), the Director shall recommend to the 
     Secretary applications for approval, including the amount of 
     funding recommended for each such approval.
       ``(9) Award of grant funding.--The Secretary shall--
       ``(A) review the recommendations of the Director prepared 
     pursuant to paragraph (8);
       ``(B) provide a final determination of grant awards to the 
     Administrator of the Federal Emergency Management Agency to 
     be disbursed and administered under the process established 
     under paragraph (6); and
       ``(C) provide to the heads of Sector Risk Management 
     Agencies notice of the eligible entities receiving grant 
     awards and intended uses of funds under the grants.
       ``(e) Evaluation of Grant Programs Utilizing the National 
     Cyber Resilience Assistance Fund.--
       ``(1) Evaluation.--The Secretary shall establish a process 
     to evaluate the effectiveness and efficiency of grants 
     distributed under this section and develop appropriate 
     updates, as needed, to the grant programs.
       ``(2) Annual report.--Not later than 180 days after the 
     conclusion of the first fiscal year in which grants are 
     awarded under this section, and every fiscal year thereafter, 
     the Secretary shall submit to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives a report detailing the grants awarded from 
     the Fund, the status of projects undertaken with the grant 
     funds, any planned changes to the disbursement methodology of 
     the Fund, measurements of success, and total outlays from the 
     Fund.
       ``(3) Grant program review.--
       ``(A) Annual assessment.--Before the start of the second 
     fiscal year in which grants are awarded under this section, 
     and every fiscal year thereafter, the Director shall assess 
     the grant programs established under this section and 
     determine--
       ``(i) for the coming fiscal year--

       ``(I) whether new grant programs with additional focus 
     areas should be created;
       ``(II) whether any existing grant program should be 
     discontinued; and
       ``(III) whether the scope of any existing grant program 
     should be modified; and

       ``(ii) the success of the grant programs in the prior 
     fiscal year.
       ``(B) Submission to congress.--Not later than 90 days 
     before the start of the second fiscal year in which grants 
     are awarded under this section, and every fiscal year 
     thereafter, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives the assessment conducted pursuant to 
     subparagraph (A) and any planned alterations to the grant 
     program for the coming fiscal year.
       ``(f) Limitation on Use of Grant Funds.--Funds awarded 
     pursuant to this section--
       ``(1) shall supplement and not supplant State or local 
     funds or, as applicable, funds supplied by the Bureau of 
     Indian Affairs; and
       ``(2) may not be used--
       ``(A) to provide any Federal cost-sharing contribution on 
     behalf of a State or local government;
       ``(B) to pay a ransom;
       ``(C) by or for a non-United States entity; or
       ``(D) for any recreational or social purpose.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $75,000,000 for each of fiscal years 2022 through 2026.

[[Page S6019]]

       ``(h) Transfers Authorized.--During a fiscal year, the 
     Secretary or the head of any component of the Department that 
     administers the State and Local Cybersecurity Grant Program 
     may transfer not more than 5 percent of the amounts 
     appropriated pursuant to subsection (g) or other amounts 
     appropriated to carry out the National Cyber Resilience 
     Assistance Fund for that fiscal year to an account of the 
     Department for salaries, expenses, and other administrative 
     costs incurred for the management, administration, or 
     evaluation of this section.
       ``(i) Government Accountability Office Report.--Not later 
     than 1 year after the date of the enactment of this section, 
     the Comptroller General of the United States shall submit to 
     the Committee on Homeland Security and Governmental Affairs 
     in the Senate and the Committee on Homeland Security in the 
     House of Representatives a report containing the results of a 
     study regarding the effectiveness of the programs described 
     in this section.''.
       (c) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (Public Law 107-
     296; 116 Stat. 2135) is amended by striking the item relating 
     to section 2214 and all that follows through the item 
     relating to section 2218, as added by section 70612 of this 
     Act, and inserting the following:

``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity education and training programs.
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. National Cyber Resilience Assistance Fund.''.
       (2) Additional technical amendment.--
       (A) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).
                                 ______
                                 
  SA 2639. 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 under any division 
     of this Act (including an amendment made by any division of 
     this Act) 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 under any division of this Act 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 2640. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2620 submitted by Ms. Sinema 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 2, line 15, strike ``placed''.
                                 ______
                                 
  SA 2641. Ms. MURKOWSKI (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        On page 1592, strike lines 6 through 13 and insert the 
     following:
       ``(2) is 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)''.
                                 ______
                                 
  SA 2642. Mr. INHOFE (for himself and 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 2095, strike lines 18 through 20.
                                 ______
                                 
  SA 2643. Mr. INHOFE (for himself and 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 2149, lines 11 and 12, strike ``gender identity, 
     sexual orientation,''.

                                 ______
                                 
  SA 2644. Mr. WARNER (for himself 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 5 though 18 and insert the 
     following:
       (c) Effective Date.--The amendments made by this section 
     shall apply to returns required to be filed, and statements 
     required to be furnished, after December 31, 2023.
       (d) Rules of Construction.--

[[Page S6020]]

       (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, without 
     providing other functions or services, 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 2645. Mr. WARNER (for himself 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, without 
     providing other functions or services, 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 2646. Mr. INHOFE (for himself and 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:

        Beginning on page 2095, strike line 18 and all that 
     follows through line 2 on page 2150 and insert the following:
       (15) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).
       (16) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) has the meaning given the term in section 101 of the 
     Higher Education Act of 1965 (20 U.S.C. 1001); and
       (B) includes a postsecondary vocational institution.
       (17) Local educational agency.--The term ``local 
     educational agency'' has the meaning given the term in 
     section 8101(30) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7801(30)).
       (18) Postsecondary vocational institution.--The term 
     ``postsecondary vocational institution'' has the meaning 
     given the term in section 102(c) of the Higher Education Act 
     of 1965 (20 U.S.C. 1002(c)).
       (19) Rural area.--The term ``rural area'' has the meaning 
     given the term in section 601(b)(3) of the Rural 
     Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)).
       (20) State.--The term ``State'' means--
       (A) any State of the United States;
       (B) the District of Columbia; and
       (C) the Commonwealth of Puerto Rico.
       (21) Veteran.--The term ``veteran'' has the meaning given 
     the term in section 101 of title 38, United States Code.
       (22) Workforce development program.--The term ``workforce 
     development program'' has the meaning given the term in 
     section 3(66) of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3102(66)).

     SEC. 60303. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) a broadband connection and digital literacy are 
     increasingly critical to how individuals--
       (A) participate in the society, economy, and civic 
     institutions of the United States; and
       (B) access health care and essential services, obtain 
     education, and build careers;
       (2) digital exclusion--
       (A) carries a high societal and economic cost;
       (B) materially harms the opportunity of an individual with 
     respect to the economic success, educational achievement, 
     positive health outcomes, social inclusion, and civic 
     engagement of that individual; and
       (C) exacerbates existing wealth and income gaps, especially 
     those experienced by covered populations;
       (3) achieving digital equity for all people of the United 
     States requires additional and sustained investment and 
     research efforts;
       (4) the Federal Government, as well as State, tribal, 
     territorial, and local governments, have made social, legal, 
     and economic obligations that necessarily extend to how the 
     citizens and residents of those governments access and use 
     the internet; and
       (5) achieving digital equity is a matter of social and 
     economic justice and is worth pursuing.

     SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.

       (a) Establishment; Purpose.--
       (1) In general.--The Assistant Secretary shall establish in 
     the Department of Commerce the State Digital Equity Capacity 
     Grant Program (referred to in this section as the 
     ``Program'')--
       (A) the purpose of which is to promote the achievement of 
     digital equity, support digital inclusion activities, and 
     build capacity for efforts by States relating to the adoption 
     of broadband by residents of those States;
       (B) through which the Assistant Secretary shall make grants 
     to States in accordance with the requirements of this 
     section; and
       (C) which shall ensure that States have the capacity to 
     promote the achievement of digital equity and support digital 
     inclusion activities.
       (2) Consultation with other federal agencies; no 
     conflict.--In establishing the Program under paragraph (1), 
     the Assistant Secretary shall--
       (A) consult with--
       (i) the Secretary of Agriculture;
       (ii) the Secretary of Housing and Urban Development;
       (iii) the Secretary of Education;
       (iv) the Secretary of Labor;
       (v) the Secretary of Health and Human Services;
       (vi) the Secretary of Veterans Affairs;
       (vii) the Secretary of the Interior;
       (viii) the Federal Communications Commission;
       (ix) the Federal Trade Commission;
       (x) the Director of the Institute of Museum and Library 
     Services;
       (xi) the Administrator of the Small Business 
     Administration;
       (xii) the Federal Co-Chair of the Appalachian Regional 
     Commission; and
       (xiii) the head of any other agency that the Assistant 
     Secretary determines to be appropriate; and
       (B) ensure that the Program complements and enhances, and 
     does not conflict with, other Federal broadband initiatives 
     and programs.
       (b) Administering Entity.--
       (1) Selection; function.--The governor (or equivalent 
     official) of a State that wishes to be awarded a grant under 
     this section shall, from among entities that are eligible 
     under paragraph (2), select an administering entity for that 
     State, which shall--
       (A) serve as the recipient of, and administering agent for, 
     any grant awarded to the State under this section;
       (B) develop, implement, and oversee the State Digital 
     Equity Plan for the State described in subsection (c);
       (C) make subgrants to any entity described in subsection 
     (c)(1)(D) that is located in the State in support of--
       (i) the State Digital Equity Plan for the State; and
       (ii) digital inclusion activities in the State generally; 
     and
       (D) serve as--
       (i) an advocate for digital equity policy and digital 
     inclusion activities; and
       (ii) a repository of best practice materials regarding the 
     policies and activities described in clause (i).
       (2) Eligible entities.--Any of the following entities may 
     serve as the administering entity for a State for the 
     purposes of this section if the entity has demonstrated a 
     capacity to administer the Program on a statewide level:
       (A) The State, a political subdivision, agency, or 
     instrumentality of the State, an Indian Tribe located in the 
     State, an Alaska Native entity located in the State, or a 
     Native Hawaiian organization located in the State.
       (B) A foundation, corporation, institution, association, or 
     coalition that is--
       (i) a not-for-profit entity;
       (ii) providing services in the State; and
       (iii) not a school.
       (C) A community anchor institution, other than a school, 
     that is located in the State.
       (D) A local educational agency that is located in the 
     State.
       (E) An entity located in the State that carries out a 
     workforce development program.
       (F) An agency of the State that is responsible for 
     administering or supervising adult

[[Page S6021]]

     education and literacy activities in the State.
       (G) A public or multi-family housing authority that is 
     located in the State.
       (H) A partnership between any of the entities described in 
     subparagraphs (A) through (G).
       (c) State Digital Equity Plan.--
       (1) Development; contents.--A State that wishes to be 
     awarded a grant under subsection (d) shall develop a State 
     Digital Equity Plan for the State, which shall include--
       (A) the identification of the barriers to digital equity 
     faced by covered populations in the State;
       (B) measurable objectives for documenting and promoting, 
     among each group described in subparagraphs (A) through (H) 
     of section 60302(8) located in that State--
       (i) the availability of, and affordability of access to, 
     fixed and wireless broadband technology;
       (ii) the online accessibility and inclusivity of public 
     resources and services;
       (iii) digital literacy;
       (iv) awareness of, and the use of, measures to secure the 
     online privacy of, and cybersecurity with respect to, an 
     individual; and
       (v) the availability and affordability of consumer devices 
     and technical support for those devices;
       (C) an assessment of how the objectives described in 
     subparagraph (B) will impact and interact with the State's--
       (i) economic and workforce development goals, plans, and 
     outcomes;
       (ii) educational outcomes;
       (iii) health outcomes;
       (iv) civic and social engagement; and
       (v) delivery of other essential services;
       (D) in order to achieve the objectives described in 
     subparagraph (B), a description of how the State plans to 
     collaborate with key stakeholders in the State, which may 
     include--
       (i) community anchor institutions;
       (ii) county and municipal governments;
       (iii) local educational agencies;
       (iv) where applicable, Indian Tribes, Alaska Native 
     entities, or Native Hawaiian organizations;
       (v) nonprofit organizations;
       (vi) organizations that represent--

       (I) individuals with disabilities, including organizations 
     that represent children with disabilities;
       (II) aging individuals;
       (III) individuals with language barriers, including--

       (aa) individuals who are English learners; and
       (bb) individuals who have low levels of literacy;

       (IV) veterans; and
       (V) individuals in that State who are incarcerated in 
     facilities other than Federal correctional facilities;

       (vii) civil rights organizations;
       (viii) entities that carry out workforce development 
     programs;
       (ix) agencies of the State that are responsible for 
     administering or supervising adult education and literacy 
     activities in the State;
       (x) public housing authorities in the State; and
       (xi) a partnership between any of the entities described in 
     clauses (i) through (x); and
       (E) a list of organizations with which the administering 
     entity for the State collaborated in developing and 
     implementing the Plan.
       (2) Public availability.--
       (A) In general.--The administering entity for a State shall 
     make the State Digital Equity Plan of the State available for 
     public comment for a period of not less than 30 days before 
     the date on which the State submits an application to the 
     Assistant Secretary under subsection (d)(2).
       (B) Consideration of comments received.--The administering 
     entity for a State shall, with respect to an application 
     submitted to the Assistant Secretary under subsection 
     (d)(2)--
       (i) before submitting the application--

       (I) consider all comments received during the comment 
     period described in subparagraph (A) with respect to the 
     application (referred to in this subparagraph as the 
     ``comment period''); and
       (II) make any changes to the plan that the administering 
     entity determines to be worthwhile; and

       (ii) when submitting the application--

       (I) describe any changes pursued by the administering 
     entity in response to comments received during the comment 
     period; and
       (II) include a written response to each comment received 
     during the comment period.

       (3) Planning grants.--
       (A) In general.--Beginning in the first fiscal year that 
     begins after the date of enactment of this Act, the Assistant 
     Secretary shall, in accordance with the requirements of this 
     paragraph, award planning grants to States for the purpose of 
     developing the State Digital Equity Plans of those States 
     under this subsection.
       (B) Eligibility.--In order to be awarded a planning grant 
     under this paragraph, a State--
       (i) shall submit to the Assistant Secretary an application 
     under subparagraph (C); and
       (ii) may not have been awarded, at any time, a planning 
     grant under this paragraph.
       (C) Application.--A State that wishes to be awarded a 
     planning grant under this paragraph shall, not later than 60 
     days after the date on which the notice of funding 
     availability with respect to the grant is released, submit to 
     the Assistant Secretary an application, in a format to be 
     determined by the Assistant Secretary, that contains the 
     following materials:
       (i) A description of the entity selected to serve as the 
     administering entity for the State, as described in 
     subsection (b).
       (ii) A certification from the State that, not later than 1 
     year after the date on which the Assistant Secretary awards 
     the planning grant to the State, the administering entity for 
     that State shall develop a State Digital Equity Plan under 
     this subsection, which--

       (I) the administering entity shall submit to the Assistant 
     Secretary; and
       (II) shall comply with the requirements of this subsection, 
     including the requirement under paragraph (2)(B).

       (iii) The assurances required under subsection (e).
       (D) Awards.--
       (i) Amount of grant.--A planning grant awarded to an 
     eligible State under this paragraph shall be determined 
     according to the formula under subsection (d)(3)(A)(i).
       (ii) Duration.--

       (I) In general.--Except as provided in subclause (II), with 
     respect to a planning grant awarded to an eligible State 
     under this paragraph, the State shall expend the grant funds 
     during the 1-year period beginning on the date on which the 
     State is awarded the grant funds.
       (II) Exception.--The Assistant Secretary may grant an 
     extension of not longer than 180 days with respect to the 
     requirement under subclause (I).

       (iii) Challenge mechanism.--The Assistant Secretary shall 
     ensure that any eligible State to which a planning grant is 
     awarded under this paragraph may appeal or otherwise 
     challenge in a timely fashion the amount of the grant awarded 
     to the State, as determined under clause (i).
       (E) Use of funds.--An eligible State to which a planning 
     grant is awarded under this paragraph shall, through the 
     administering entity for that State, use the grant funds only 
     for the following purposes:
       (i) To develop the State Digital Equity Plan of the State 
     under this subsection.
       (ii)(I) Subject to subclause (II), to make subgrants to any 
     of the entities described in paragraph (1)(D) to assist in 
     the development of the State Digital Equity Plan of the State 
     under this subsection.
       (II) If the administering entity for a State makes a 
     subgrant described in subclause (I), the administering entity 
     shall, with respect to the subgrant, provide to the State the 
     assurances required under subsection (e).
       (d) State Capacity Grants.--
       (1) In general.--Beginning not later than 2 years after the 
     date on which the Assistant Secretary begins awarding 
     planning grants under subsection (c)(3), the Assistant 
     Secretary shall each year award grants to eligible States to 
     support--
       (A) the implementation of the State Digital Equity Plans of 
     those States; and
       (B) digital inclusion activities in those States.
       (2) Application.--A State that wishes to be awarded a grant 
     under this subsection shall, not later than 60 days after the 
     date on which the notice of funding availability with respect 
     to the grant is released, submit to the Assistant Secretary 
     an application, in a format to be determined by the Assistant 
     Secretary, that contains the following materials:
       (A) A description of the entity selected to serve as the 
     administering entity for the State, as described in 
     subsection (b).
       (B) The State Digital Equity Plan of that State, as 
     described in subsection (c).
       (C) A certification that the State, acting through the 
     administering entity for the State, shall--
       (i) implement the State Digital Equity Plan of the State; 
     and
       (ii) make grants in a manner that is consistent with the 
     aims of the Plan described in clause (i).
       (D) The assurances required under subsection (e).
       (E) In the case of a State to which the Assistant Secretary 
     has previously awarded a grant under this subsection, any 
     amendments to the State Digital Equity Plan of that State, as 
     compared with the State Digital Equity Plan of the State 
     previously submitted.
       (3) Awards.--
       (A) Amount of grant.--
       (i) Formula.--Subject to clauses (ii), (iii), and (iv), the 
     Assistant Secretary shall calculate the amount of a grant 
     awarded to an eligible State under this subsection in 
     accordance with the following criteria, using the best 
     available data for all States for the fiscal year in which 
     the grant is awarded:

       (I) 50 percent of the total grant amount shall be based on 
     the population of the eligible State in proportion to the 
     total population of all eligible States.
       (II) 25 percent of the total grant amount shall be based on 
     the number of individuals in the eligible State who are 
     members of covered populations in proportion to the total 
     number of individuals in all eligible States who are members 
     of covered populations.
       (III) 25 percent of the total grant amount shall be based 
     on the comparative lack of availability and adoption of 
     broadband in the eligible State in proportion to the lack of 
     availability and adoption of broadband of all eligible 
     States, which shall be determined according to data collected 
     from--

[[Page S6022]]

       (aa) the annual inquiry of the Federal Communications 
     Commission conducted under section 706(b) of the 
     Telecommunications Act of 1996 (47 U.S.C. 1302(b));
       (bb) the American Community Survey or, if necessary, other 
     data collected by the Bureau of the Census;
       (cc) the NTIA Internet Use Survey, which is administered as 
     the Computer and Internet Use Supplement to the Current 
     Population Survey of the Bureau of the Census; and
       (dd) any other source that the Assistant Secretary, after 
     appropriate notice and opportunity for public comment, 
     determines to be appropriate.
       (ii) Minimum award.--The amount of a grant awarded to an 
     eligible State under this subsection in a fiscal year shall 
     be not less than 0.5 percent of the total amount made 
     available to award grants to eligible States for that fiscal 
     year.
       (iii) Additional amounts.--If, after awarding planning 
     grants to States under subsection (c)(3) and capacity grants 
     to eligible States under this subsection in a fiscal year, 
     there are amounts remaining to carry out this section, the 
     Assistant Secretary shall distribute those amounts--

       (I) to eligible States to which the Assistant Secretary has 
     awarded grants under this subsection for that fiscal year; 
     and
       (II) in accordance with the formula described in clause 
     (i).

       (iv) Data unavailable.--If, in a fiscal year, the 
     Commonwealth of Puerto Rico (referred to in this clause as 
     ``Puerto Rico'') is an eligible State and specific data for 
     Puerto Rico is unavailable for a factor described in 
     subclause (I), (II), or (II) of clause (i), the Assistant 
     Secretary shall use the median data point with respect to 
     that factor among all eligible States and assign it to Puerto 
     Rico for the purposes of making any calculation under that 
     clause for that fiscal year.
       (B) Duration.--With respect to a grant awarded to an 
     eligible State under this subsection, the eligible State 
     shall expend the grant funds during the 5-year period 
     beginning on the date on which the eligible State is awarded 
     the grant funds.
       (C) Challenge mechanism.--The Assistant Secretary shall 
     ensure that any eligible State to which a grant is awarded 
     under this subsection may appeal or otherwise challenge in a 
     timely fashion the amount of the grant awarded to the State, 
     as determined under subparagraph (A).
       (D) Use of funds.--The administering entity for an eligible 
     State to which a grant is awarded under this subsection shall 
     use the grant amounts for the following purposes:
       (i)(I) Subject to subclause (II), to update or maintain the 
     State Digital Equity Plan of the State.
       (II) An administering entity for an eligible State to which 
     a grant is awarded under this subsection may use not more 
     than 20 percent of the amount of the grant for the purpose 
     described in subclause (I).
       (ii) To implement the State Digital Equity Plan of the 
     State.
       (iii)(I) Subject to subclause (II), to award a grant to any 
     entity that is described in section 60305(b) and is located 
     in the eligible State in order to--

       (aa) assist in the implementation of the State Digital 
     Equity Plan of the State;
       (bb) pursue digital inclusion activities in the State 
     consistent with the State Digital Equity Plan of the State; 
     and
       (cc) report to the State regarding the digital inclusion 
     activities of the entity.

       (II) Before an administering entity for an eligible State 
     may award a grant under subclause (I), the administering 
     entity shall require the entity to which the grant is awarded 
     to certify that--

       (aa) the entity shall carry out the activities required 
     under items (aa), (bb), and (cc) of that subclause;
       (bb) the receipt of the grant shall not result in unjust 
     enrichment of the entity; and
       (cc) the entity shall cooperate with any evaluation--

       (AA) of any program that relates to a grant awarded to the 
     entity; and
       (BB) that is carried out by or for the administering 
     entity, the Assistant Secretary, or another Federal official.
       (iv)(I) Subject to subclause (II), to evaluate the efficacy 
     of the efforts funded by grants made under clause (iii).
       (II) An administering entity for an eligible State to which 
     a grant is awarded under this subsection may use not more 
     than 5 percent of the amount of the grant for a purpose 
     described in subclause (I).
       (v)(I) Subject to subclause (II), for the administrative 
     costs incurred in carrying out the activities described in 
     clauses (i) through (iv).
       (II) An administering entity for an eligible State to which 
     a grant is awarded under this subsection may use not more 
     than 3 percent of the amount of the grant for a purpose 
     described in subclause (I).
       (e) Assurances.--When applying for a grant under this 
     section, a State shall include in the application for that 
     grant assurances that--
       (1) if an entity described in section 60305(b) is awarded 
     grant funds under this section (referred to in this 
     subsection as a ``covered recipient''), provide that--
       (A) the covered recipient shall use the grant funds in 
     accordance with any applicable statute, regulation, and 
     application procedure;
       (B) the administering entity for that State shall adopt and 
     use proper methods of administering any grant that the 
     covered recipient is awarded, including by--
       (i) enforcing any obligation imposed under law on any 
     agency, institution, organization, or other entity that is 
     responsible for carrying out the program to which the grant 
     relates;
       (ii) correcting any deficiency in the operation of a 
     program to which the grant relates, as identified through an 
     audit or another monitoring or evaluation procedure; and
       (iii) adopting written procedures for the receipt and 
     resolution of complaints alleging a violation of law with 
     respect to a program to which the grant relates; and
       (C) the administering entity for that State shall cooperate 
     in carrying out any evaluation--
       (i) of any program that relates to a grant awarded to the 
     covered recipient; and
       (ii) that is carried out by or for the Assistant Secretary 
     or another Federal official;
       (2) the administering entity for that State shall--
       (A) use fiscal control and fund accounting procedures that 
     ensure the proper disbursement of, and accounting for, any 
     Federal funds that the State is awarded under this section;
       (B) submit to the Assistant Secretary any reports that may 
     be necessary to enable the Assistant Secretary to perform the 
     duties of the Assistant Secretary under this section;
       (C) maintain any records and provide any information to the 
     Assistant Secretary, including those records, that the 
     Assistant Secretary determines is necessary to enable the 
     Assistant Secretary to perform the duties of the Assistant 
     Secretary under this section; and
       (D) with respect to any significant proposed change or 
     amendment to the State Digital Equity Plan for the State, 
     make the change or amendment available for public comment in 
     accordance with subsection (c)(2); and
       (3) the State, before submitting to the Assistant Secretary 
     the State Digital Equity Plan of the State, has complied with 
     the requirements of subsection (c)(2).
       (f) Termination of Grant.--
       (1) In general.--The Assistant Secretary shall terminate a 
     grant awarded to an eligible State under this section if, 
     after notice to the State and opportunity for a hearing, the 
     Assistant Secretary--
       (A) presents to the State a rationale and supporting 
     information that clearly demonstrates that--
       (i) the grant funds are not contributing to the development 
     or execution of the State Digital Equity Plan of the State, 
     as applicable; and
       (ii) the State is not upholding assurances made by the 
     State to the Assistant Secretary under subsection (e); and
       (B) determines that the grant is no longer necessary to 
     achieve the original purpose for which Assistant Secretary 
     awarded the grant.
       (2) Redistribution.--If the Assistant Secretary, in a 
     fiscal year, terminates a grant under paragraph (1), the 
     Assistant Secretary shall redistribute the unspent grant 
     amounts--
       (A) to eligible States to which the Assistant Secretary has 
     awarded grants under subsection (d) for that fiscal year; and
       (B) in accordance with the formula described in subsection 
     (d)(3)(A)(i).
       (g) Reporting and Information Requirements; Internet 
     Disclosure.--The Assistant Secretary--
       (1) shall--
       (A) require any entity to which a grant, including a 
     subgrant, is awarded under this section to publicly report, 
     for each year during the period described in subsection 
     (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to 
     the grant, and in a format specified by the Assistant 
     Secretary, on--
       (i) the use of that grant by the entity;
       (ii) the progress of the entity towards fulfilling the 
     objectives for which the grant was awarded; and
       (iii) the implementation of the State Digital Equity Plan 
     of the State;
       (B) establish appropriate mechanisms to ensure that each 
     eligible State to which a grant is awarded under this 
     section--
       (i) uses the grant amounts in an appropriate manner; and
       (ii) complies with all terms with respect to the use of the 
     grant amounts; and
       (C) create and maintain a fully searchable database, which 
     shall be accessible on the internet at no cost to the public, 
     that contains, at a minimum--
       (i) the application of each State that has applied for a 
     grant under this section;
       (ii) the status of each application described in clause 
     (i);
       (iii) each report submitted by an entity under subparagraph 
     (A);
       (iv) a record of public comments made regarding the State 
     Digital Equity Plan of a State, as well as any written 
     responses to or actions taken as a result of those comments; 
     and
       (v) any other information that is sufficient to allow the 
     public to understand and monitor grants awarded under this 
     section; and
       (2) may establish additional reporting and information 
     requirements for any recipient of a grant under this section.
       (h) Supplement Not Supplant.--A grant or subgrant awarded 
     under this section shall supplement, not supplant, other 
     Federal or State funds that have been made available to carry 
     out activities described in this section.
       (i) Set Asides.--From amounts made available in a fiscal 
     year to carry out the

[[Page S6023]]

     Program, the Assistant Secretary shall reserve--
       (1) not more than 5 percent for the implementation and 
     administration of the Program, which shall include--
       (A) providing technical support and assistance, including 
     ensuring consistency in data reporting;
       (B) providing assistance to--
       (i) States, or administering entities for States, to 
     prepare the applications of those States; and
       (ii) administering entities with respect to grants awarded 
     under this section; and
       (C) developing the report required under section 60306(a);
       (2) not less than 5 percent to award grants to, or enter 
     into contracts or cooperative agreements with, Indian Tribes, 
     Alaska Native entities, and Native Hawaiian organizations to 
     allow those tribes, entities, and organizations to carry out 
     the activities described in this section; and
       (3) not less than 1 percent to award grants to, or enter 
     into contracts or cooperative agreements with, the United 
     States Virgin Islands, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, and any other territory or 
     possession of the United States that is not a State to enable 
     those entities to carry out the activities described in this 
     section.
       (j) Rules.--The Assistant Secretary may prescribe such 
     rules as may be necessary to carry out this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $60,000,000 for the award of grants under subsection 
     (c)(3), which shall remain available until expended;
       (2) for the award of grants under subsection (d)--
       (A) $240,000,000 for fiscal year 2022; and
       (B) $300,000,000 for each of fiscal years 2023 through 
     2026; and
       (3) such sums as may be necessary to carry out this section 
     for each fiscal year after the end of the 5-fiscal year 
     period described in paragraph (2).

     SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.

       (a) Establishment.--
       (1) In general.--Not later than 30 days after the date on 
     which the Assistant Secretary begins awarding grants under 
     section 60304(d), and not before that date, the Assistant 
     Secretary shall establish in the Department of Commerce the 
     Digital Equity Competitive Grant Program (referred to in this 
     section as the ``Program''), the purpose of which is to award 
     grants to support efforts to achieve digital equity, promote 
     digital inclusion activities, and spur greater adoption of 
     broadband among covered populations.
       (2) Consultation; no conflict.--In establishing the Program 
     under paragraph (1), the Assistant Secretary--
       (A) may consult a State with respect to--
       (i) the identification of groups described in subparagraphs 
     (A) through (H) of section 60302(8) located in that State; 
     and
       (ii) the allocation of grant funds within that State for 
     projects in or affecting the State; and
       (B) shall--
       (i) consult with--

       (I) the Secretary of Agriculture;
       (II) the Secretary of Housing and Urban Development;
       (III) the Secretary of Education;
       (IV) the Secretary of Labor;
       (V) the Secretary of Health and Human Services;
       (VI) the Secretary of Veterans Affairs;
       (VII) the Secretary of the Interior;
       (VIII) the Federal Communications Commission;
       (IX) the Federal Trade Commission;
       (X) the Director of the Institute of Museum and Library 
     Services;
       (XI) the Administrator of the Small Business 
     Administration;
       (XII) the Federal Co-Chair of the Appalachian Regional 
     Commission; and
       (XIII) the head of any other agency that the Assistant 
     Secretary determines to be appropriate; and

       (ii) ensure that the Program complements and enhances, and 
     does not conflict with, other Federal broadband initiatives 
     and programs.
       (b) Eligibility.--The Assistant Secretary may award a grant 
     under the Program to any of the following entities if the 
     entity is not serving, and has not served, as the 
     administering entity for a State under section 60304(b):
       (1) A political subdivision, agency, or instrumentality of 
     a State, including an agency of a State that is responsible 
     for administering or supervising adult education and literacy 
     activities, or for providing public housing, in the State.
       (2) An Indian Tribe, an Alaska Native entity, or a Native 
     Hawaiian organization.
       (3) A foundation, corporation, institution, or association 
     that is--
       (A) a not-for-profit entity; and
       (B) not a school.
       (4) A community anchor institution.
       (5) A local educational agency.
       (6) An entity that carries out a workforce development 
     program.
       (7) A partnership between any of the entities described in 
     paragraphs (1) through (6).
       (8) A partnership between--
       (A) an entity described in any of paragraphs (1) through 
     (6); and
       (B) an entity that--
       (i) the Assistant Secretary, by rule, determines to be in 
     the public interest; and
       (ii) is not a school.
       (c) Application.--An entity that wishes to be awarded a 
     grant under the Program shall submit to the Assistant 
     Secretary an application--
       (1) at such time, in such form, and containing such 
     information as the Assistant Secretary may require; and
       (2) that--
       (A) provides a detailed explanation of how the entity will 
     use any grant amounts awarded under the Program to carry out 
     the purposes of the Program in an efficient and expeditious 
     manner;
       (B) identifies the period in which the applicant will 
     expend the grant funds awarded under the Program;
       (C) includes--
       (i) a justification for the amount of the grant that the 
     applicant is requesting; and
       (ii) for each fiscal year in which the applicant will 
     expend the grant funds, a budget for the activities that the 
     grant funds will support;
       (D) demonstrates to the satisfaction of the Assistant 
     Secretary that the entity--
       (i) is capable of carrying out--

       (I) the project or function to which the application 
     relates; and
       (II) the activities described in subsection (h)--

       (aa) in a competent manner; and
       (bb) in compliance with all applicable Federal, State, and 
     local laws; and
       (ii) if the applicant is an entity described in subsection 
     (b)(1), shall appropriate or otherwise unconditionally 
     obligate from non-Federal sources funds that are necessary to 
     meet the requirements of subsection (e);
       (E) discloses to the Assistant Secretary the source and 
     amount of other Federal, State, or outside funding sources 
     from which the entity receives, or has applied for, funding 
     for activities or projects to which the application relates; 
     and
       (F) provides--
       (i) the assurances that are required under subsection (f); 
     and
       (ii) an assurance that the entity shall follow such 
     additional procedures as the Assistant Secretary may require 
     to ensure that grant funds are used and accounted for in an 
     appropriate manner.
       (d) Award of Grants.--
       (1) Factors considered in award of grants.--In deciding 
     whether to award a grant under the Program, the Assistant 
     Secretary shall, to the extent practicable, consider--
       (A) whether an application shall, if approved--
       (i) increase internet access and the adoption of broadband 
     among covered populations to be served by the applicant; and
       (ii) not result in unjust enrichment;
       (B) the comparative geographic diversity of the application 
     in relation to other eligible applications; and
       (C) the extent to which an application may duplicate or 
     conflict with another program.
       (2) Use of funds.--
       (A) In general.--In addition to the activities required 
     under subparagraph (B), an entity to which the Assistant 
     Secretary awards a grant under the Program shall use the 
     grant amounts to support not less than 1 of the following 
     activities:
       (i) To develop and implement digital inclusion activities 
     that benefit covered populations.
       (ii) To facilitate the adoption of broadband by covered 
     populations in order to provide educational and employment 
     opportunities to those populations.
       (iii) To implement, consistent with the purposes of this 
     title--

       (I) training programs for covered populations that cover 
     basic, advanced, and applied skills; or
       (II) other workforce development programs.

       (iv) To make available equipment, instrumentation, 
     networking capability, hardware and software, or digital 
     network technology for broadband services to covered 
     populations at low or no cost.
       (v) To construct, upgrade, expend, or operate new or 
     existing public access computing centers for covered 
     populations through community anchor institutions.
       (vi) To undertake any other project and activity that the 
     Assistant Secretary finds to be consistent with the purposes 
     for which the Program is established.
       (B) Evaluation.--
       (i) In general.--An entity to which the Assistant Secretary 
     awards a grant under the Program shall use not more than 10 
     percent of the grant amounts to measure and evaluate the 
     activities supported with the grant amounts.
       (ii) Submission to assistant secretary.--An entity to which 
     the Assistant Secretary awards a grant under the Program 
     shall submit to the Assistant Secretary each measurement and 
     evaluation performed under clause (i)--

       (I) in a manner specified by the Assistant Secretary;
       (II) not later than 15 months after the date on which the 
     entity is awarded the grant amounts; and
       (III) annually after the submission described in subclause 
     (II) for any year in which the entity expends grant amounts.

       (C) Administrative costs.--An entity to which the Assistant 
     Secretary awards a grant under the Program may use not more 
     than 10 percent of the amount of the grant for administrative 
     costs in carrying out any of the activities described in 
     subparagraph (A).

[[Page S6024]]

       (D) Time limitations.--With respect to a grant awarded to 
     an entity under the Program, the entity--
       (i) except as provided in clause (ii), shall expend the 
     grant amounts during the 4-year period beginning on the date 
     on which the entity is awarded the grant amounts; and
       (ii) during the 1-year period beginning on the date that is 
     4 years after the date on which the entity is awarded the 
     grant amounts, may continue to measure and evaluate the 
     activities supported with the grant amounts, as required 
     under subparagraph (B).
       (e) Federal Share.--
       (1) In general.--Except as provided in paragraph (2), the 
     Federal share of any project for which the Assistant 
     Secretary awards a grant under the Program may not exceed 90 
     percent.
       (2) Exception.--The Assistant Secretary may grant a waiver 
     with respect to the limitation on the Federal share of a 
     project described in paragraph (1) if--
       (A) the applicant with respect to the project petitions the 
     Assistant Secretary for the waiver; and
       (B) the Assistant Secretary determines that the petition 
     described in subparagraph (A) demonstrates financial need.
       (f) Assurances.--When applying for a grant under this 
     section, an entity shall include in the application for that 
     grant assurances that the entity shall--
       (1) use any grant funds that the entity is awarded--
       (A) in accordance with any applicable statute, regulation, 
     and application procedure; and
       (B) to the extent required under applicable law;
       (2) adopt and use proper methods of administering any grant 
     that the entity is awarded, including by--
       (A) enforcing any obligation imposed under law on any 
     agency, institution, organization, or other entity that is 
     responsible for carrying out a program to which the grant 
     relates;
       (B) correcting any deficiency in the operation of a program 
     to which the grant relates, as identified through an audit or 
     another monitoring or evaluation procedure; and
       (C) adopting written procedures for the receipt and 
     resolution of complaints alleging a violation of law with 
     respect to a program to which the grant relates;
       (3) cooperate with respect to any evaluation--
       (A) of any program that relates to a grant awarded to the 
     entity; and
       (B) that is carried out by or for the Assistant Secretary 
     or another Federal official;
       (4) use fiscal control and fund accounting procedures that 
     ensure the proper disbursement of, and accounting for, any 
     Federal funds that the entity is awarded under the Program;
       (5) submit to the Assistant Secretary any reports that may 
     be necessary to enable the Assistant Secretary to perform the 
     duties of the Assistant Secretary under the Program; and
       (6) maintain any records and provide any information to the 
     Assistant Secretary, including those records, that the 
     Assistant Secretary determines is necessary to enable the 
     Assistant Secretary to perform the duties of the Assistant 
     Secretary under the Program.
       (g) Deobligation or Termination of Grant.--In addition to 
     other authority under applicable law, the Assistant Secretary 
     may--
       (1) deobligate or terminate a grant awarded to an entity 
     under this section if, after notice to the entity and 
     opportunity for a hearing, the Assistant Secretary--
       (A) presents to the entity a rationale and supporting 
     information that clearly demonstrates that--
       (i) the grant funds are not being used in a manner that is 
     consistent with the application with respect to the grant 
     submitted by the entity under subsection (c); and
       (ii) the entity is not upholding assurances made by the 
     entity to the Assistant Secretary under subsection (f); and
       (B) determines that the grant is no longer necessary to 
     achieve the original purpose for which Assistant Secretary 
     awarded the grant; and
       (2) with respect to any grant funds that the Assistant 
     Secretary deobligates or terminates under paragraph (1), 
     competitively award the grant funds to another applicant, 
     consistent with the requirements of this section.
       (h) Reporting and Information Requirements; Internet 
     Disclosure.--The Assistant Secretary--
       (1) shall--
       (A) require any entity to which the Assistant Secretary 
     awards a grant under the Program to, for each year during the 
     period described in subsection (d)(2)(D) with respect to the 
     grant, submit to the Assistant Secretary a report, in a 
     format specified by the Assistant Secretary, regarding--
       (i) the amount of the grant;
       (ii) the use by the entity of the grant amounts; and
       (iii) the progress of the entity towards fulfilling the 
     objectives for which the grant was awarded;
       (B) establish mechanisms to ensure appropriate use of, and 
     compliance with respect to all terms regarding, grant funds 
     awarded under the Program;
       (C) create and maintain a fully searchable database, which 
     shall be accessible on the internet at no cost to the public, 
     that contains, at a minimum--
       (i) a list of each entity that has applied for a grant 
     under the Program;
       (ii) a description of each application described in clause 
     (i), including the proposed purpose of each grant described 
     in that clause;
       (iii) the status of each application described in clause 
     (i), including whether the Assistant Secretary has awarded a 
     grant with respect to the application and, if so, the amount 
     of the grant;
       (iv) each report submitted by an entity under subparagraph 
     (A); and
       (v) any other information that is sufficient to allow the 
     public to understand and monitor grants awarded under the 
     Program; and
       (D) ensure that any entity with respect to which an award 
     is deobligated or terminated under subsection (g) may, in a 
     timely manner, appeal or otherwise challenge that 
     deobligation or termination, as applicable; and
       (2) may establish additional reporting and information 
     requirements for any recipient of a grant under the Program.
       (i) Supplement Not Supplant.--A grant awarded to an entity 
     under the Program shall supplement, not supplant, other 
     Federal or State funds that have been made available to the 
     entity to carry out activities described in this section.
       (j) Set Asides.--From amounts made available in a fiscal 
     year to carry out the Program, the Assistant Secretary shall 
     reserve--
       (1) 5 percent for the implementation and administration of 
     the Program, which shall include--
       (A) providing technical support and assistance, including 
     ensuring consistency in data reporting;
       (B) providing assistance to entities to prepare the 
     applications of those entities with respect to grants awarded 
     under this section;
       (C) developing the report required under section 60306(a); 
     and
       (D) conducting outreach to entities that may be eligible to 
     be awarded a grant under the Program regarding opportunities 
     to apply for such a grant;
       (2) 5 percent to award grants to, or enter into contracts 
     or cooperative agreements with, Indian Tribes, Alaska Native 
     entities, and Native Hawaiian organizations to allow those 
     tribes, entities, and organizations to carry out the 
     activities described in this section; and
       (3) 1 percent to award grants to, or enter into contracts 
     or cooperative agreements with, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States that is not a State to enable 
     those entities to carry out the activities described in this 
     section.
       (k) Rules.--The Assistant Secretary may prescribe such 
     rules as may be necessary to carry out this section.
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $250,000,000 for each of the first 5 fiscal years in 
     which funds are made available to carry out this section; and
       (2) such sums as may be necessary for each fiscal year 
     after the end of the 5-fiscal year period described in 
     paragraph (1).

     SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND 
                   MODELING, EVALUATION, AND DISSEMINATION.

       (a) Reporting Requirements.--
       (1) In general.--Not later than 1 year after the date on 
     which the Assistant Secretary begins awarding grants under 
     section 60304(d)(1), and annually thereafter, the Assistant 
     Secretary shall--
       (A) submit to the appropriate committees of Congress a 
     report that documents, for the year covered by the report--
       (i) the findings of each evaluation conducted under 
     subparagraph (B);
       (ii) a list of each grant awarded under each covered 
     program, which shall include--

       (I) the amount of each such grant;
       (II) the recipient of each such grant; and
       (III) the purpose for which each such grant was awarded;

       (iii) any deobligation, termination, or modification of a 
     grant awarded under the covered programs, which shall include 
     a description of the subsequent usage of any funds to which 
     such an action applies; and
       (iv) each challenge made by an applicant for, or a 
     recipient of, a grant under the covered programs and the 
     outcome of each such challenge; and
       (B) conduct evaluations of the activities carried out under 
     the covered programs, which shall include an evaluation of--
       (i) whether eligible States to which grants are awarded 
     under the program established under section 60304 are--

       (I) abiding by the assurances made by those States under 
     subsection (e) of that section;
       (II) meeting, or have met, the stated goals of the Digital 
     Equity Plans developed by the States under subsection (c) of 
     that section;
       (III) satisfying the requirements imposed by the Assistant 
     Secretary on those States under subsection (g) of that 
     section; and
       (IV) in compliance with any other rules, requirements, or 
     regulations promulgated by the Assistant Secretary in 
     implementing that program; and

       (ii) whether entities to which grants are awarded under the 
     program established under section 60305 are--

[[Page S6025]]

       (I) abiding by the assurances made by those entities under 
     subsection (f) of that section;
       (II) meeting, or have met, the stated goals of those 
     entities with respect to the use of the grant amounts;
       (III) satisfying the requirements imposed by the Assistant 
     Secretary on those States under subsection (h) of that 
     section; and
       (IV) in compliance with any other rules, requirements, or 
     regulations promulgated by the Assistant Secretary in 
     implementing that program.

       (2) Public availability.--The Assistant Secretary shall 
     make each report submitted under paragraph (1)(A) publicly 
     available in an online format that--
       (A) facilitates access and ease of use;
       (B) is searchable; and
       (C) is accessible--
       (i) to individuals with disabilities; and
       (ii) in languages other than English.
       (b) Authority to Contract and Enter Into Other 
     Arrangements.--The Assistant Secretary may award grants and 
     enter into contracts, cooperative agreements, and other 
     arrangements with Federal agencies, public and private 
     organizations, and other entities with expertise that the 
     Assistant Secretary determines appropriate in order to--
       (1) evaluate the impact and efficacy of activities 
     supported by grants awarded under the covered programs; and
       (2) develop, catalog, disseminate, and promote the exchange 
     of best practices, both with respect to and independent of 
     the covered programs, in order to achieve digital equity.
       (c) Consultation and Public Engagement.--In carrying out 
     subsection (a), and to further the objectives described in 
     paragraphs (1) and (2) of subsection (b), the Assistant 
     Secretary shall conduct ongoing collaboration and consult 
     with--
       (1) the Secretary of Agriculture;
       (2) the Secretary of Housing and Urban Development;
       (3) the Secretary of Education;
       (4) the Secretary of Labor;
       (5) the Secretary of Health and Human Services;
       (6) the Secretary of Veterans Affairs;
       (7) the Secretary of the Interior;
       (8) the Federal Communications Commission;
       (9) the Federal Trade Commission;
       (10) the Director of the Institute of Museum and Library 
     Services;
       (11) the Administrator of the Small Business 
     Administration;
       (12) the Federal Co-Chair of the Appalachian Regional 
     Commission;
       (13) State agencies and governors of States (or equivalent 
     officials);
       (14) entities serving as administering entities for States 
     under section 60304(b);
       (15) national, State, tribal, and local organizations that 
     provide digital inclusion, digital equity, or digital 
     literacy services;
       (16) researchers, academics, and philanthropic 
     organizations; and
       (17) other agencies, organizations (including international 
     organizations), entities (including entities with expertise 
     in the fields of data collection, analysis and modeling, and 
     evaluation), and community stakeholders, as determined 
     appropriate by the Assistant Secretary.
       (d) Technical Support and Assistance.--The Assistant 
     Secretary shall provide technical support and assistance, 
     assistance to entities to prepare the applications of those 
     entities with respect to grants awarded under the covered 
     programs, and other resources, to the extent practicable, to 
     ensure consistency in data reporting and to meet the 
     objectives of this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section, which shall remain available until expended.

     SEC. 60307. GENERAL PROVISIONS.

       (a) Nondiscrimination.--
       (1) In general.--No individual in the United States may, on 
     the basis of actual or perceived race, color, religion, 
     national origin, sex, age, or disability, be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination under any program or activity that is 
     funded in whole or in part with funds made available to carry 
     out this title.
       (2) Enforcement.--The Assistant Secretary shall effectuate 
     paragraph (1) with respect to any program or activity 
     described in that paragraph by issuing regulations and taking 
     actions consistent with section 602 of the Civil Rights Act 
     of 1964 (42 U.S.C. 2000d-1).
       (3) Judicial review.--Judicial review of an action taken by 
     the Assistant Secretary under paragraph (2) shall be 
     available to the extent provided in section 603 of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000d-2).
                                 ______
                                 
  SA 2647. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        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. ___. TARGETED MEANS-TESTED ASSISTANCE.

       (a) In General.--Chapter I of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4011 et seq.) is amended by inserting 
     after section 1308A (42 U.S.C. 4015a) the following:

     ``SEC. 1308B. FLOOD INSURANCE ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Covered property.--The term `covered property' 
     means--
       ``(A) a primary residential dwelling designed for the 
     occupancy of from 1 to 4 families; or
       ``(B) personal property relating to a dwelling described in 
     subparagraph (A).
       ``(2) Eligible policyholder.--The term `eligible 
     policyholder' means a policyholder with a household income 
     that is not more than 20 percent of the area median income 
     for the area in which the property to which the policy 
     applies is located.
       ``(3) Housing expenses.--The term `housing expenses' means, 
     with respect to a household, the total amount that the 
     household spends in a year on--
       ``(A) mortgage payments, and rent;
       ``(B) property taxes;
       ``(C) homeowners insurance; and

[[Page S6026]]

       ``(D) premiums for flood insurance under the national flood 
     insurance program.
       ``(4) Insurance costs.--The term `insurance costs' means, 
     with respect to a covered property for a year--
       ``(A) risk premiums and fees estimated under section 1307 
     and charged under section 1308;
       ``(B) surcharges assessed under sections 1304 and 1308A; 
     and
       ``(C) any amount established under section 1310A(c).
       ``(b) Authority.--Subject to the availability of 
     appropriations, the Administrator is authorized to carry out 
     a means-tested program under which the Administrator provides 
     assistance to eligible policyholders in the form of graduated 
     discounts for insurance costs with respect to covered 
     properties.
       ``(c) Eligibility.--To determine eligibility for means-
     tested assistance under this section, the Administrator may 
     require any of the following with respect to an eligible 
     policyholder:
       ``(2) Income verification from the National Directory of 
     New Hires established under section 453(i) of the Social 
     Security Act (42 U.S.C. 653(i)).
       ``(3) A self-certification of eligibility by the eligible 
     policyholder that is provided under penalty of perjury 
     pursuant to section 1746 of title 28, United States Code.
       ``(4) Any other method identified by the Administrator in 
     interim guidance, or a final rule, issued under subsection 
     (e).
       ``(d) Discount.--The Administrator may establish graduated 
     discounts available to eligible policyholders under this 
     section, which may be based on the following factors:
       ``(1) The percentage by which the household income of an 
     eligible policyholder is equal to, or less than, 120 percent 
     of the area median income for the area in which the property 
     to which the policy applies is located.
       ``(3) The number of eligible policyholders participating in 
     the program established under this section.
       ``(4) The availability of funding.
       ``(5) Any other factor that the Administrator finds 
     reasonable and necessary to carry out the purposes of this 
     section.
       ``(e) Implementation.--
       ``(1) In general.--The Administrator shall issue final 
     rules to implement this section.
       ``(2) Interim guidance.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall issue 
     interim guidance to implement this section, which shall--
       ``(i) include--

       ``(I) a description of how the Administrator will 
     determine--

       ``(aa) eligibility for households to participate in the 
     program established under this section; and
       ``(bb) assistance levels for eligible households to which 
     assistance is provided under this section;

       ``(II) the methodology that the Administrator will use to 
     determine the amount of assistance provided to eligible 
     households under this section; and
       ``(III) any requirements to which eligible policyholders to 
     which assistance is provided under this section will be 
     subject; and

       ``(ii) expire on the later of--

       ``(I) the date that is 84 months after the date of 
     enactment of this section; or
       ``(II) the date on which the final rules issued under 
     paragraph (1) take effect.

       ``(B) Rule of construction.--Nothing in subparagraph (A) 
     may be construed to preclude the Administrator from amending 
     the interim guidance issued under that subparagraph.
       ``(f) Collection of Demographic Information.--The 
     Administrator, in order to evaluate and monitor the 
     effectiveness of this section, and to comply with the 
     reporting requirements under subsection (g), may request 
     demographic information, and other information, with respect 
     to an eligible policyholder to which assistance is provided 
     under this section, which may include--
       ``(1) the income of the eligible policyholder, as compared 
     with the area median income for the area in which the 
     property to which the policy applies is located; and
       ``(2) demographic characteristics of the eligible 
     policyholder, including the race and ethnicity of the 
     eligible policyholder.
       ``(g) Reports to Congress.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this section, and biennially thereafter, the 
     Administrator shall submit to Congress a report regarding the 
     implementation and effectiveness of this section.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include information regarding, for the period covered 
     by the report--
       ``(A) the distribution of household area median income for 
     eligible policyholders to which assistance is provided under 
     this section;
       ``(B) the number of eligible policyholders to which 
     assistance is provided under this section, which shall be 
     disaggregated by income and demographic characteristics;
       ``(C) the cost of providing assistance under this section; 
     and
       ``(D) the average amount of assistance provided to an 
     eligible policyholder under this section, which shall be 
     disaggregated as described in subparagraph (B).
       ``(h) Risk Communication.--For the purposes of the 
     communication required under section 1308(l), the 
     Administrator shall provide to an eligible policyholder to 
     which assistance is provided under this section a full flood 
     risk determination with respect to the property of the 
     eligible policyholder, which shall reflect the insurance 
     costs with respect to the property before that assistance is 
     provided.
       ``(i) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator $800,000,000 for each 
     of fiscal years 2022 through 2025 to carry out this section.
       ``(2) Notification.--If, in a fiscal year, the 
     Administrator determines that the amount made available to 
     carry out this section is insufficient to provide assistance 
     under this section, the Administrator shall submit to 
     Congress a notification of the remaining amounts necessary to 
     provide that assistance for that fiscal year.
       ``(3) Distribution of premium.--With respect to the amount 
     of the discounts provided under this section in a fiscal 
     year, and any administrative expenses incurred in carrying 
     out this section for that fiscal year, the Administrator 
     shall, from amounts made available to carry out this section 
     for that fiscal year, deposit in the National Flood Insurance 
     Fund established under section 1310 an amount equal to those 
     discounts and administrative expenses, except to the extent 
     that section 1310A applies to any portion of those discounts 
     or administrative expenses, in which case the Administrator 
     shall deposit an amount equal to those amounts to which 
     section 1310A applies in the National Flood Insurance Reserve 
     Fund established under section 1310A.''.
       (b) National Flood Insurance Act of 1968.--The National 
     Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is 
     amended--
       (1) in section 1308(e) (42 U.S.C. 4015(e))--
       (A) in paragraph (1)--
                                 ______
                                 
  SA 2648. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:
        At the appropriate place, insert the following:

     SEC. ___. REVITALIZING MAIN STREETS IN SMALL TOWNS AND CITIES 
                   OF THE UNITED STATES.

       (a) Definitions.--In this section:
       (1) Eligible community.--The term ``eligible community'' 
     means a city, town, village, or other incorporated unit of a 
     municipal local government that has a population of less than 
     40,000 individuals.
       (2) Main street.--The term ``Main Street'', with respect to 
     an eligible community, means a main street and the area 
     around the main street that constitute the cultural, 
     historical, economic, civic, and emotional heart of the 
     eligible community.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (4) State.--The term ``State'' means each of the several 
     States and the territories and possessions of the United 
     States.
       (b) Grants.--The Secretary, in accordance with subsection 
     (f)(1), shall award grants on a competitive basis to eligible 
     communities for the purpose of revitalizing Main Streets in 
     the eligible communities.
       (c) Separate Competitions.--In awarding grants to eligible 
     communities under subsection (b), the Secretary shall hold a 
     separate grant competition for each State.
       (d) Applications.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall initiate the grant 
     competitions described in subsection (c) by soliciting grant 
     applications from eligible communities by publishing a notice 
     of funding opportunity in the Federal Register that provides 
     sufficient notice of the grant competition, the terms of the 
     grant competition, and the submission requirements of an 
     application for the grant competition.
       (2) Contents.--An application submitted by an eligible 
     entity for a grant under this section shall include--
       (A) a description of how the eligible community plans to 
     spend amounts from a grant under this section and the non-
     Federal funds of the eligible community described in 
     subsection (e)(2)(A) to revitalize the Main Street of the 
     eligible community; and
       (B) a description of how the eligible community meets the 
     factors described in subsection (f)(3).
       (3) Prohibition.--The Secretary may not impose additional 
     application or evaluation requirements with respect to an 
     application submitted under paragraph (1).
       (e) Maximum Amounts.--
       (1) State maximum.--The maximum amount of funds that may be 
     awarded to eligible communities in a particular State under 
     this section shall be an amount that bears the same 
     proportion to the total amount awarded to eligible 
     communities in all States under this section as the total 
     population of all eligible communities within the State, 
     bears to the total population of all eligible communities in 
     all States.
       (2) Eligible community maximum.--
       (A) In general.--The maximum amount of funds that may be 
     awarded to an eligible

[[Page S6027]]

     community under this section shall be equal to the amount of 
     non-Federal funds that the eligible community dedicates 
     specifically for revitalizing the Main Street in the eligible 
     community, as specified by the eligible community in the 
     application submitted under subsection (d).
       (B) Taxes.--
       (i) In general.--An eligible community may not include in 
     the amount of dedicated non-Federal funds specified in an 
     application under subsection (d), for purposes of 
     subparagraph (A) of this paragraph, any amounts that will be 
     raised by new taxes or increased taxes unless voters in the 
     eligible community have approved the new tax or increased 
     tax.
       (ii) Conditional taxes.--In proposing a new tax or 
     increased tax described in clause (i) to voters, an eligible 
     community may propose a new tax or increased tax that is 
     conditioned upon the eligible community receiving a grant 
     under this section.
       (f) Selection.--
       (1) Selection committees.--In awarding grants to eligible 
     communities in a particular State under this section, the 
     Secretary shall select the eligible communities in the State 
     recommended by the selection committee for the State 
     established under paragraph (2).
       (2) Establishment of committees.--
       (A) In general.--The Secretary shall establish a selection 
     committee for each State, which shall be comprised of--
       (i) 1 official of the National Trust for Historic 
     Preservation designated by the National Trust for Historic 
     Preservation;
       (ii) 1 official of the Main Street America Institute 
     designated by the Main Street America Institute; and
       (iii) 3 licensed architects--

       (I) selected jointly by the United States Senators from the 
     State; or
       (II) with respect to a State that is a territory or 
     possession of the United States, selected by the delegate or 
     resident commissioner to the House of Representatives from 
     the territory or possession.

       (B) Employment.--The Secretary shall appoint each member of 
     a selection committee selected under subparagraph (A) that is 
     not a Federal employee as an employee of the Department of 
     Housing and Urban Development for the purpose of performing 
     the duties described in subparagraph (C).
       (C) Duties.--Each selection committee of a State 
     established under subparagraph (A) shall--
       (i) meet to jointly review applications for a grant under 
     this section submitted by eligible communities located in the 
     State under subsection (d); and
       (ii) provide to the Secretary recommendations with respect 
     to the eligible communities located in the State that should 
     receive a grant under this section.
       (D) Termination.--Notwithstanding section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App), each selection 
     committee established under this section shall terminate on 
     the day after the date on which the selection committee 
     completes the recommendations required under subparagraph 
     (C)(ii).
       (3) Selection factors.--In providing recommendations to the 
     Secretary under paragraph (2)(C)(ii), the selection committee 
     of a State shall evaluate the application of an eligible 
     community based on the following factors:
       (A) The economic vitality of the eligible community, which 
     shall be based on whether the eligible community focuses on 
     capital, incentives, and other economic and financial tools 
     to--
       (i) assist new and existing businesses;
       (ii) catalyze property development; and
       (iii) create a supportive environment for entrepreneurs and 
     innovators that drive local economies.
       (B) The proposed design of the eligible community, which 
     shall be based on the transformation of the eligible 
     community by enhancing the physical and visual assets that 
     set the Main Street of the eligible community apart.
       (C) The promotion of the Main Street by the eligible 
     community, which shall be based on whether the eligible 
     community--
       (i) positions the Main Street of the eligible community as 
     the center and hub of the economic activity of the eligible 
     community; and
       (ii) creates a positive image of the Main Street that 
     showcases the unique characteristics of the eligible 
     community.
       (D) The organization of the eligible community, which shall 
     be based on whether the plan of the eligible community 
     involves creating a strong foundation for a sustainable 
     revitalization effort, including cultivating partnerships, 
     community involvement, and resources for the Main Street.
       (E) The preservation proposed by the eligible community, 
     which shall be based on the proposed quality of preservation, 
     rehabilitation, restoration, and reconstruction of the 
     historic Main Street facades.
       (F) The quality of any new buildings proposed by the 
     eligible community on the Main Street of the eligible 
     community and whether those buildings--
       (i) fit with the architecture of the existing historic 
     buildings; and
       (ii) project the architecture of the time, as of the date 
     of enactment of this Act.
       (g) Funding.--
       (1) Reduction.--Notwithstanding any other provision of this 
     Act or an amendment made by this Act, any amount appropriated 
     under this Act or an amendment made by this Act shall be 
     reduced by 1 percent.
       (2) Direct appropriation.--Out of any money in the Treasury 
     not otherwise appropriated, there is appropriated to the 
     Secretary to carry out this section for fiscal year 2022 an 
     amount equal to the amount of the reductions made under 
     paragraph (1).
                                 ______
                                 
  SA 2649. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for 
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. 
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

        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. ___. TARGETED MEANS-TESTED ASSISTANCE.

       (a) In General.--Chapter I of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4011 et seq.) is amended by inserting 
     after section 1308A (42 U.S.C. 4015a) the following:

[[Page S6028]]

  


     ``SEC. 1308B. FLOOD INSURANCE ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Covered property.--The term `covered property' 
     means--
       ``(A) a primary residential dwelling designed for the 
     occupancy of from 1 to 4 families; or
       ``(B) personal property relating to a dwelling described in 
     subparagraph (A).
       ``(2) Eligible policyholder.--The term `eligible 
     policyholder' means a policyholder with a household income 
     that is not more than 120 percent of the area median income 
     for the area in which the property to which the policy 
     applies is located.
       ``(3) Housing expenses.--The term `housing expenses' means, 
     with respect to a household, the total amount that the 
     household spends in a year on--
       ``(A) mortgage payments, and rent;
       ``(B) property taxes;
       ``(C) homeowners insurance; and
       ``(D) premiums for flood insurance under the national flood 
     insurance program.
       ``(4) Insurance costs.--The term `insurance costs' means, 
     with respect to a covered property for a year--
       ``(A) risk premiums and fees estimated under section 1307 
     and charged under section 1308;
       ``(B) surcharges assessed under sections 1304 and 1308A; 
     and
       ``(C) any amount established under section 1310A(c).
       ``(b) Authority.--Subject to the availability of 
     appropriations, the Administrator is authorized to carry out 
     a means-tested program under which the Administrator provides 
     assistance to eligible policyholders in the form of graduated 
     discounts for insurance costs with respect to covered 
     properties.
       ``(c) Eligibility.--To determine eligibility for means-
     tested assistance under this section, the Administrator may 
     require any of the following with respect to an eligible 
     policyholder:
       ``(2) Income verification from the National Directory of 
     New Hires established under section 453(i) of the Social 
     Security Act (42 U.S.C. 653(i)).
       ``(3) A self-certification of eligibility by the eligible 
     policyholder that is provided under penalty of perjury 
     pursuant to section 1746 of title 28, United States Code.
       ``(4) Any other method identified by the Administrator in 
     interim guidance, or a final rule, issued under subsection 
     (e).
       ``(d) Discount.--The Administrator may establish graduated 
     discounts available to eligible policyholders under this 
     section, which may be based on the following factors:
       ``(1) The percentage by which the household income of an 
     eligible policyholder is equal to, or less than, 120 percent 
     of the area median income for the area in which the property 
     to which the policy applies is located.
       ``(3) The number of eligible policyholders participating in 
     the program established under this section.
       ``(4) The availability of funding.
       ``(5) Any other factor that the Administrator finds 
     reasonable and necessary to carry out the purposes of this 
     section.
       ``(e) Implementation.--
       ``(1) In general.--The Administrator shall issue final 
     rules to implement this section.
       ``(2) Interim guidance.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall issue 
     interim guidance to implement this section, which shall--
       ``(i) include--

       ``(I) a description of how the Administrator will 
     determine--

       ``(aa) eligibility for households to participate in the 
     program established under this section; and
       ``(bb) assistance levels for eligible households to which 
     assistance is provided under this section;

       ``(II) the methodology that the Administrator will use to 
     determine the amount of assistance provided to eligible 
     households under this section; and
       ``(III) any requirements to which eligible policyholders to 
     which assistance is provided under this section will be 
     subject; and

       ``(ii) expire on the later of--

       ``(I) the date that is 84 months after the date of 
     enactment of this section; or
       ``(II) the date on which the final rules issued under 
     paragraph (1) take effect.

       ``(B) Rule of construction.--Nothing in subparagraph (A) 
     may be construed to preclude the Administrator from amending 
     the interim guidance issued under that subparagraph.
       ``(f) Collection of Demographic Information.--The 
     Administrator, in order to evaluate and monitor the 
     effectiveness of this section, and to comply with the 
     reporting requirements under subsection (g), may request 
     demographic information, and other information, with respect 
     to an eligible policyholder to which assistance is provided 
     under this section, which may include--
       ``(1) the income of the eligible policyholder, as compared 
     with the area median income for the area in which the 
     property to which the policy applies is located; and
       ``(2) demographic characteristics of the eligible 
     policyholder, including the race and ethnicity of the 
     eligible policyholder.
       ``(g) Reports to Congress.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this section, and biennially thereafter, the 
     Administrator shall submit to Congress a report regarding the 
     implementation and effectiveness of this section.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include information regarding, for the period covered 
     by the report--
       ``(A) the distribution of household area median income for 
     eligible policyholders to which assistance is provided under 
     this section;
       ``(B) the number of eligible policyholders to which 
     assistance is provided under this section, which shall be 
     disaggregated by income and demographic characteristics;
       ``(C) the cost of providing assistance under this section; 
     and
       ``(D) the average amount of assistance provided to an 
     eligible policyholder under this section, which shall be 
     disaggregated as described in subparagraph (B).
       ``(h) Risk Communication.--For the purposes of the 
     communication required under section 1308(l), the 
     Administrator shall provide to an eligible policyholder to 
     which assistance is provided under this section a full flood 
     risk determination with respect to the property of the 
     eligible policyholder, which shall reflect the insurance 
     costs with respect to the property before that assistance is 
     provided.
       ``(i) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator $800,000,000 for each 
     of fiscal years 2022 through 2025 to carry out this section.
       ``(2) Notification.--If, in a fiscal year, the 
     Administrator determines that the amount made available to 
     carry out this section is insufficient to provide assistance 
     under this section, the Administrator shall submit to 
     Congress a notification of the remaining amounts necessary to 
     provide that assistance for that fiscal year.
       ``(3) Distribution of premium.--With respect to the amount 
     of the discounts provided under this section in a fiscal 
     year, and any administrative expenses incurred in carrying 
     out this section for that fiscal year, the Administrator 
     shall, from amounts made available to carry out this section 
     for that fiscal year, deposit in the National Flood Insurance 
     Fund established under section 1310 an amount equal to those 
     discounts and administrative expenses, except to the extent 
     that section 1310A applies to any portion of those discounts 
     or administrative expenses, in which case the Administrator 
     shall deposit an amount equal to those amounts to which 
     section 1310A applies in the National Flood Insurance Reserve 
     Fund established under section 1310A.''.
       (b) National Flood Insurance Act of 1968.--The National 
     Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is 
     amended--
       (1) in section 1308(e) (42 U.S.C. 4015(e))--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``or'' at the end;
       (ii) in subparagraph (C)(iii), by adding ``or'' at the end; 
     and
       (iii) by adding at the end the following:
       ``(D) in the case of a property with respect to which 
     assistance is provided under section 1308B, if--
       ``(i) the applicable policyholder is no longer eligible to 
     receive assistance under that section;
       ``(ii) the assistance so provided has been decreased under 
     that section; or
       ``(iii) the Administrator is not authorized, or lacks 
     appropriated funds, to carry out that section;''; and
       (B) in paragraph (3), by striking ``period; and'' and 
     inserting the following: ``period, except in the case of a 
     property with respect to which assistance is provided under 
     section 1308B if a condition described in clause (i), (ii), 
     or (iii) of paragraph (1)(D) is applicable; and''; and
       (2) in section 1366(d) (42 U.S.C. 4104c(d))--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following:
       ``(3) Flood insurance assistance.--In the case of 
     mitigation activities to structures insured by policyholders 
     that are eligible for assistance under section 1308B, in an 
     amount up to 100 percent of all eligible costs.''.
       (c) Information Comparisons With the National Directory of 
     New Hires for Flood Insurance Assistance Income 
     Verification.--Section 453(j) of the Social Security Act (42 
     U.S.C. 653(j)) is amended by adding at the end the following 
     new paragraph:
       ``(12) Information comparisons for flood insurance 
     assistance.--
       ``(A) Furnishing of information by fema.--The Administrator 
     of the Federal Emergency Management Agency (in this 
     paragraph, referred to as the `Administrator') shall furnish 
     to the Secretary, on such periodic basis as determined by the 
     Administrator in consultation with the Secretary, information 
     in the custody of the Administrator for comparison with 
     information in the National Directory of New Hires, in order 
     to obtain information in such Directory with respect to 
     individuals who are applying for, or receiving benefits 
     under, section 1308B of the National Flood Insurance Act of 
     1968.
       ``(B) Requirement to seek minimum information.--The 
     Administrator shall seek information pursuant to this 
     paragraph only to the extent necessary to verify the 
     employment and income of individuals described in 
     subparagraph (A).
       ``(C) Duties of the secretary.--

[[Page S6029]]

       ``(i) Information disclosure.--The Secretary, in 
     cooperation with the Administrator, shall compare information 
     in the National Directory of New Hires with information 
     provided by the Administrator with respect to individuals 
     described in subparagraph (A), and shall disclose information 
     in such Directory regarding such individuals to the 
     Administrator, in accordance with this paragraph, for the 
     purposes specified in this paragraph.
       ``(ii) Condition on disclosure.--The Secretary shall make 
     disclosures in accordance with clause (i) only to the extent 
     that the Secretary determines that such disclosures do not 
     interfere with the effective operation of the program under 
     this part.
       ``(D) Use of information by fema.--The Administrator may 
     use information resulting from a data match pursuant to this 
     paragraph only--
       ``(i) for the purpose of verifying the employment and 
     income of individuals described in subparagraph (A); and
       ``(ii) after removal of personal identifiers, to conduct 
     analyses of the employment and income reporting of 
     individuals described in subparagraph (A).
       ``(E) Disclosure of information by fema.--
       ``(i) Purpose of disclosure.--The Administrator may make a 
     disclosure under this subparagraph only for the purpose of 
     verifying the employment and income of individuals described 
     in subparagraph (A).
       ``(ii) Disclosures permitted.--Subject to clause (iii), the 
     Administrator may disclose information resulting from a data 
     match pursuant to this paragraph only to contractors of the 
     Federal Emergency Management Agency, private insurance 
     companies participating in the Write Your Own Program of the 
     Federal Emergency Management Agency, the Inspector General of 
     the Department of Homeland Security, and the Attorney 
     General, in connection with the administration of a program 
     described in subparagraph (A). Information obtained by the 
     Administrator pursuant to this paragraph shall not be made 
     available under section 552 of title 5, United States Code.
       ``(iii) Conditions on disclosure.--Disclosures under this 
     paragraph shall be--

       ``(I) made in accordance with data security and control 
     policies established by the Administrator and approved by the 
     Secretary;
       ``(II) subject to audit in a manner satisfactory to the 
     Secretary; and
       ``(III) subject to the sanctions under subsection (l)(2).

       ``(iv) Restrictions on redisclosure.--A person or entity to 
     which information is disclosed under this subparagraph may 
     use or disclose such information only as needed for verifying 
     the employment and income of individuals described in 
     subparagraph (A), subject to the conditions in clause (iii) 
     and such additional conditions as agreed to by the Secretary 
     and the Administrator.
       ``(F) Reimbursement of hhs costs.--The Administrator shall 
     reimburse the Secretary, in accordance with subsection 
     (k)(3), for the costs incurred by the Secretary in furnishing 
     the information requested under this paragraph.
       ``(G) Consent.--The Administrator shall not seek, use, or 
     disclose information under this paragraph relating to an 
     individual without the prior written consent of such 
     individual (or of a person legally authorized to consent on 
     behalf of such individual).''.
       (d) Direct Appropriation.--
       (1) In general.--There is appropriated, out of any money in 
     the Treasury not otherwise appropriated, in addition to 
     amounts otherwise available, for each of fiscal years 2022 
     through 2025, $800,000,000 to the National Flood Insurance 
     Fund established under section 1310 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4017), which, subject to 
     paragraph (2), shall be used to carry out section 1308B of 
     that Act, as added by subsection (a) of this section.
       (2) Failure to issue guidance.--If the Administrator of the 
     Federal Emergency Management Agency fails to issue the 
     interim guidance required under section 1308B(e)(2) of the 
     National Flood Insurance Act of 1968, as added by subsection 
     (a) of this section, the amounts made available under 
     paragraph (1) may be used to provide financial assistance 
     under section 1366 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4104c).

     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 2650. 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 5 though 18 and insert the 
     following:
       (c) Effective Date.--The amendments made by this section 
     shall apply to returns required to be filed, and statements 
     required to be furnished, after December 31, 2023.
       (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 proof of stake (staking), without 
     providing other functions or services, 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 2651. 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 proof of stake (staking), without 
     providing other functions or services, 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.

                          ____________________