[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4327-S4329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5378. Mr. CRAMER submitted an amendment intended to be proposed to 
amendment SA 5194 proposed by Mr. Schumer to the bill H.R. 5376, to 
provide for reconciliation pursuant to title II of S. Con. Res. 14; 
which was ordered to lie on the table; as follows:

        Strike sections 60501 through 60506 and insert the 
     following:

[[Page S4328]]

  


     SEC. 60501. NEIGHBORHOOD ACCESS AND EQUITY GRANT PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 177. Neighborhood access and equity grant program

       ``(a) In General.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $393,000,000, to remain available until September 30, 2026, 
     to the Administrator of the Federal Highway Administration 
     for competitive grants to eligible entities described in 
     subsection (b)--
       ``(1) to improve walkability, safety, and affordable 
     transportation access through projects that are context-
     sensitive--
       ``(A) to remove, remediate, or reuse a facility described 
     in subsection (c)(1);
       ``(B) to replace a facility described in subsection (c)(1) 
     with a facility that is at-grade or lower speed;
       ``(C) to retrofit or cap a facility described in subsection 
     (c)(1);
       ``(D) to build or improve complete streets, multiuse 
     trails, regional greenways, or active transportation networks 
     and spines; or
       ``(E) to provide affordable access to essential 
     destinations, public spaces, or transportation links and 
     hubs;
       ``(2) to mitigate or remediate negative impacts on the 
     human or natural environment resulting from a facility 
     described in subsection (c)(2) in a disadvantaged or 
     underserved community through--
       ``(A) noise barriers to reduce impacts resulting from a 
     facility described in subsection (c)(2);
       ``(B) technologies, infrastructure, and activities to 
     reduce surface transportation-related greenhouse gas 
     emissions and other air pollution;
       ``(C) natural infrastructure, pervious, permeable, or 
     porous pavement, or protective features to reduce or manage 
     stormwater run-off resulting from a facility described in 
     subsection (c)(2);
       ``(D) infrastructure and natural features to reduce or 
     mitigate urban heat island hot spots in the transportation 
     right-of-way or on surface transportation facilities; or
       ``(E) safety improvements for vulnerable road users; and
       ``(3) for planning and capacity building activities in 
     disadvantaged or underserved communities to--
       ``(A) identify, monitor, or assess local and ambient air 
     quality, emissions of transportation greenhouse gases, hot 
     spot areas of extreme heat or elevated air pollution, gaps in 
     tree canopy coverage, or flood prone transportation 
     infrastructure;
       ``(B) assess transportation equity or pollution impacts and 
     develop local anti-displacement policies and community 
     benefit agreements;
       ``(C) conduct predevelopment activities for projects 
     eligible under this subsection;
       ``(D) expand public participation in transportation 
     planning by individuals and organizations in disadvantaged or 
     underserved communities; or
       ``(E) administer or obtain technical assistance related to 
     activities described in this subsection.
       ``(b) Eligible Entities Described.--An eligible entity 
     referred to in subsection (a) is--
       ``(1) a State;
       ``(2) a unit of local government;
       ``(3) a political subdivision of a State;
       ``(4) an entity described in section 207(m)(1)(E);
       ``(5) a territory of the United States;
       ``(6) a special purpose district or public authority with a 
     transportation function;
       ``(7) a metropolitan planning organization (as defined in 
     section 134(b)(2)); or
       ``(8) with respect to a grant described in subsection 
     (a)(3), in addition to an eligible entity described in 
     paragraphs (1) through (7), a nonprofit organization or 
     institution of higher education that has entered into a 
     partnership with an eligible entity described in paragraphs 
     (1) through (7).
       ``(c) Facility Described.--A facility referred to in 
     subsection (a) is--
       ``(1) a surface transportation facility for which high 
     speeds, grade separation, or other design factors create an 
     obstacle to connectivity within a community; or
       ``(2) a surface transportation facility which is a source 
     of air pollution, noise, stormwater, or other burden to a 
     disadvantaged or underserved community.
       ``(d) Investment in Economically Disadvantaged 
     Communities.--
       ``(1) In general.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $1,262,000,000, to remain available until September 30, 2026, 
     to the Administrator of the Federal Highway Administration to 
     provide grants for projects in communities described in 
     paragraph (2) for the same purposes and administered in the 
     same manner as described in subsection (a).
       ``(2) Communities described.--A community referred to in 
     paragraph (1) is a community that--
       ``(A) is economically disadvantaged, underserved, or 
     located in an area of persistent poverty;
       ``(B) has entered or will enter into a community benefits 
     agreement with representatives of the community;
       ``(C) has an anti-displacement policy, a community land 
     trust, or a community advisory board in effect; or
       ``(D) has demonstrated a plan for employing local residents 
     in the area impacted by the activity or project proposed 
     under this section.
       ``(e) Administration.--
       ``(1) In general.--A project carried out under subsection 
     (a) or (d) shall be treated as a project on a Federal-aid 
     highway.
       ``(2) Compliance with existing requirements.--Funds made 
     available for a grant under this section and administered by 
     or through a State department of transportation shall be 
     expended in compliance with the U.S. Department of 
     Transportation's Disadvantaged Business Enterprise Program.
       ``(f) Cost Share.--The Federal share of the cost of an 
     activity carried out using a grant awarded under this section 
     shall be not more than 80 percent, except that the Federal 
     share of the cost of a project in a disadvantaged or 
     underserved community may be up to 100 percent.
       ``(g) Technical Assistance.--In addition to amounts 
     otherwise available, there is appropriated for fiscal year 
     2022, out of any money in the Treasury not otherwise 
     appropriated, $50,000,000, to remain available until 
     September 30, 2026, to the Administrator of the Federal 
     Highway Administration for--
       ``(1) guidance, technical assistance, templates, training, 
     or tools to facilitate efficient and effective contracting, 
     design, and project delivery by units of local government;
       ``(2) subgrants to units of local government to build 
     capacity of such units of local government to assume 
     responsibilities to deliver surface transportation projects; 
     and
       ``(3) operations and administration of the Federal Highway 
     Administration.
       ``(h) Limitations.--Amounts made available under this 
     section shall not--
       ``(1) be subject to any restriction or limitation on the 
     total amount of funds available for implementation or 
     execution of programs authorized for Federal-aid highways; 
     and
       ``(2) be used for a project for additional through travel 
     lanes for single-occupant passenger vehicles.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``177. Neighborhood access and equity grant program.''.

     SEC. 60502. ASSISTANCE FOR FEDERAL BUILDINGS.

       In addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $250,000,000, to remain 
     available until September 30, 2031, to be deposited in the 
     Federal Buildings Fund established under section 592 of title 
     40, United States Code, for measures necessary to convert 
     facilities of the Administrator of General Services to high-
     performance green buildings (as defined in section 401 of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17061)).

     SEC. 60503. USE OF LOW-CARBON MATERIALS.

       (a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2022, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,150,000,000, to remain available until September 30, 2026, 
     to be deposited in the Federal Buildings Fund established 
     under section 592 of title 40, United States Code, to acquire 
     and install materials and products for use in the 
     construction or alteration of buildings under the 
     jurisdiction, custody, and control of the General Services 
     Administration that have substantially lower levels of 
     embodied greenhouse gas emissions associated with all 
     relevant stages of production, use, and disposal as compared 
     to estimated industry averages of similar materials or 
     products, as determined by the Administrator of the 
     Environmental Protection Agency.
       (b) Definition of Greenhouse Gas.--In this section, the 
     term ``greenhouse gas'' means the air pollutants carbon 
     dioxide, hydrofluorocarbons, methane, nitrous oxide, 
     perfluorocarbons, and sulfur hexafluoride.

     SEC. 60504. GENERAL SERVICES ADMINISTRATION EMERGING 
                   TECHNOLOGIES.

       In addition to amounts otherwise available, there is 
     appropriated to the Administrator of General Services for 
     fiscal year 2022, out of any money in the Treasury not 
     otherwise appropriated, $975,000,000, to remain available 
     until September 30, 2026, to be deposited in the Federal 
     Buildings Fund established under section 592 of title 40, 
     United States Code, for emerging and sustainable 
     technologies, and related sustainability and environmental 
     programs.

     SEC. 60505. ENVIRONMENTAL REVIEW IMPLEMENTATION FUNDS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 178. Environmental review implementation funds

       ``(a) Establishment.--In addition to amounts otherwise 
     available, for fiscal year 2022, there is appropriated to the 
     Administrator, out of any money in the Treasury not otherwise 
     appropriated, $100,000,000, to remain available until 
     September 30, 2026, for the purpose of facilitating the 
     development and review of documents for the environmental 
     review process for proposed projects through--
       ``(1) the provision of guidance, technical assistance, 
     templates, training, or tools to

[[Page S4329]]

     facilitate an efficient and effective environmental review 
     process for surface transportation projects and any 
     administrative expenses of the Federal Highway Administration 
     to conduct activities described in this section; and
       ``(2) providing funds made available under this subsection 
     to eligible entities--
       ``(A) to build capacity of such eligible entities to 
     conduct environmental review processes;
       ``(B) to facilitate the environmental review process for 
     proposed projects by--
       ``(i) defining the scope or study areas;
       ``(ii) identifying impacts, mitigation measures, and 
     reasonable alternatives;
       ``(iii) preparing planning and environmental studies and 
     other documents prior to and during the environmental review 
     process, for potential use in the environmental review 
     process in accordance with applicable statutes and 
     regulations;
       ``(iv) conducting public engagement activities; and
       ``(v) carrying out permitting or other activities, as the 
     Administrator determines to be appropriate, to support the 
     timely completion of an environmental review process required 
     for a proposed project; and
       ``(C) for administrative expenses of the eligible entity to 
     conduct any of the activities described in subparagraphs (A) 
     and (B).
       ``(b) Cost Share.--
       ``(1) In general.--The Federal share of the cost of an 
     activity carried out under this section by an eligible entity 
     shall be not more than 80 percent.
       ``(2) Source of funds.--The non-Federal share of the cost 
     of an activity carried out under this section by an eligible 
     entity may be satisfied using funds made available to the 
     eligible entity under any other Federal, State, or local 
     grant program.
       ``(c) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Highway Administration.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a State;
       ``(B) a unit of local government;
       ``(C) a political subdivision of a State;
       ``(D) a territory of the United States;
       ``(E) an entity described in section 207(m)(1)(E);
       ``(F) a recipient of funds under section 203; or
       ``(G) a metropolitan planning organization (as defined in 
     section 134(b)(2)).
       ``(3) Environmental review process.--The term 
     `environmental review process' has the meaning given the term 
     in section 139(a)(5).
       ``(4) Proposed project.--The term `proposed project' means 
     a surface transportation project for which an environmental 
     review process is required.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is further amended by adding at 
     the end the following:

``178. Environmental review implementation funds.''.

     SEC. 60506. LOW-CARBON TRANSPORTATION MATERIALS GRANTS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 179. Low-carbon transportation materials grants

       ``(a) Federal Highway Administration Appropriation.--In 
     addition to amounts otherwise available, there is 
     appropriated for fiscal year 2022, out of any money in the 
     Treasury not otherwise appropriated, $2,000,000,000, to 
     remain available until September 30, 2026, to the 
     Administrator to reimburse or provide incentives to eligible 
     recipients for the use, in projects, of construction 
     materials and products that have substantially lower levels 
     of embodied greenhouse gas emissions associated with all 
     relevant stages of production, use, and disposal as compared 
     to estimated industry averages of similar materials or 
     products, as determined by the Administrator of the 
     Environmental Protection Agency, and for the operations and 
     administration of the Federal Highway Administration to carry 
     out this section.
       ``(b) Reimbursement of Incremental Costs; Incentives.--
       ``(1) In general.--The Administrator shall, subject to the 
     availability of funds, either reimburse or provide incentives 
     to eligible recipients that use low-embodied carbon 
     construction materials and products on a project funded under 
     this title.
       ``(2) Reimbursement and incentive amounts.--
       ``(A) Incremental amount.--The amount of reimbursement 
     under paragraph (1) shall be equal to the incrementally 
     higher cost of using such materials relative to the cost of 
     using traditional materials, as determined by the eligible 
     recipient and verified by the Administrator.
       ``(B) Incentive amount.--The amount of an incentive under 
     paragraph (1) shall be equal to 2 percent of the cost of 
     using low-embodied carbon construction materials and products 
     on a project funded under this title.
       ``(3) Federal share.--If a reimbursement or incentive is 
     provided under paragraph (1), the total Federal share payable 
     for the project for which the reimbursement or incentive is 
     provided shall be up to 100 percent.
       ``(4) Limitations.--
       ``(A) In general.--The Administrator shall only provide a 
     reimbursement or incentive under paragraph (1) for a project 
     on a--
       ``(i) Federal-aid highway;
       ``(ii) tribal transportation facility;
       ``(iii) Federal lands transportation facility; or
       ``(iv) Federal lands access transportation facility.
       ``(B) Other restrictions.--Amounts made available under 
     this section shall not be subject to any restriction or 
     limitation on the total amount of funds available for 
     implementation or execution of programs authorized for 
     Federal-aid highways.
       ``(C) Single occupant passenger vehicles.--Funds made 
     available under this section shall not be used for projects 
     that result in additional through travel lanes for single 
     occupant passenger vehicles.
       ``(5) Materials identification.--The Administrator shall 
     review the low-embodied carbon construction materials and 
     products identified by the Administrator of the Environmental 
     Protection Agency and shall identify low-embodied carbon 
     construction materials and products--
       ``(A) appropriate for use in projects eligible under this 
     title; and
       ``(B) eligible for reimbursement or incentives under this 
     section.
       ``(c) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Highway Administration.
       ``(2) Eligible recipient.--The term `eligible recipient' 
     means--
       ``(A) a State;
       ``(B) a unit of local government;
       ``(C) a political subdivision of a State;
       ``(D) a territory of the United States;
       ``(E) an entity described in section 207(m)(1)(E);
       ``(F) a recipient of funds under section 203;
       ``(G) a metropolitan planning organization (as defined in 
     section 134(b)(2)); or
       ``(H) a special purpose district or public authority with a 
     transportation function.
       ``(3) Greenhouse gas.--The term `greenhouse gas' means the 
     air pollutants carbon dioxide, hydrofluorocarbons, methane, 
     nitrous oxide, perfluorocarbons, and sulfur hexafluoride.''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is further amended by adding at 
     the end the following:

``179. Low-carbon transportation materials grants.''.

     SEC. 60507. RETENTION OF RECREATION FEES.

       (a) In General.--Section 210(b) of the Flood Control Act of 
     1968 (16 U.S.C. 460d-3(b)) is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) Deposit into treasury account.--All fees collected 
     under this subsection shall--
       ``(A) be deposited in a special account in the Treasury; 
     and
       ``(B) be available for use, without further appropriation, 
     for the operation and maintenance of recreation sites and 
     facilities under the jurisdiction of the Secretary of the 
     Army, subject to the condition that not less than 80 percent 
     of fees collected at a specific recreation site are utilized 
     at that site.''; and
       (2) by adding at the end the following:
       ``(5) Supplement, not supplant.--Fees collected under this 
     subsection--
       ``(A) shall be in addition to annual appropriated funding 
     provided for the operation and maintenance of recreation 
     sites and facilities under the jurisdiction of the Secretary 
     of the Army; and
       ``(B) shall not be used as a basis for reducing annual 
     appropriated funding for those purposes.''.
       (b) Special Accounts.--Amounts in the special account for 
     the Corps of Engineers described in section 210(b)(4) of the 
     Flood Control Act of 1968 (16 U.S.C. 460d-3(b)(4)) (as in 
     effect on the day before the date of enactment of this Act) 
     that are unobligated on that date shall--
       (1) be transferred to the special account established under 
     section 210(b)(4) of the Flood Control Act of 1968 (16 U.S.C. 
     460d-3(b)(4)) (as amended by subsection (a)(1)); and
       (2) be available to the Secretary of the Army for operation 
     and maintenance of any recreation sites and facilities under 
     the jurisdiction of the Secretary of the Army, without 
     further appropriation.
                                 ______