[Congressional Record Volume 169, Number 58 (Thursday, March 30, 2023)]
[Senate]
[Pages S1108-S1109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 58. Mr. SCHUMER proposed an amendment to the bill S. 870, to amend 
the Federal Fire Prevention and Control Act of 1974 to authorize 
appropriations for the United States Fire Administration and 
firefighter assistance grant programs; as follows:

       At the end add the following:

     SEC. EFFECTIVE DATE.-

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 59. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. GAO AUDIT AND REPORT ON FUNDING TO ENTITIES IN 
                   CHINA.

       Not later than 1 year after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct an audit of and issue a publicly available report on 
     Federal funds provided to entities or organizations operating 
     in or incorporated in the People's Republic of China, 
     including which Federal agency or program provided such 
     funds.
                                 ______
                                 
  SA 60. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       On page 3, line 17, strike ``funds.'' and insert ``funds 
     and on barriers that prevent or limit fire departments from 
     effectively fighting fires, including barriers from Federal 
     rules and regulations.''.
                                 ______
                                 
  SA 61. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 8. GAO AUDIT REGARDING INITIATING AND MANAGING 
                   PRESCRIBED FIRES.

       The Comptroller General of the United States shall conduct 
     an audit of, and issue a publicly available report regarding, 
     barriers fire departments, fire practitioners, and government 
     agencies face in conducting prescribed fires, including from 
     Federal rules and regulations.
                                 ______
                                 
  SA 62. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FRAUD, WASTE, AND ABUSE AUDIT.

       The Inspector General of the Department of Homeland 
     Security shall conduct an audit of the fraud, waste, and 
     abuse within the United States Fire Administration, the 
     Assistance to Firefighters Grant Program under section 33(c) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229(c)), and the Fire Prevention and Safety Grant 
     Program under section 33(d) of that Act (15 U.S.C. 2229(d)) 
     and, not later than 1 year after the date of enactment of 
     this Act, issue a report on the effectiveness of the United 
     States Fire Administration and those grant programs.
                                 ______
                                 
  SA 63. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       On page 2, line 12, strike ``$95,000,000'' and all that 
     follows through ``$3,420,000'' on line 13 and insert 
     ``$76,490,890 for each of fiscal years 2024 through 2030, of 
     which $2,753,672''.
                                 ______
                                 
  SA 64. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESTRICTION ON THE PROVISION OF ASSISTANCE TO 
                   ENTITIES THAT INVEST IN CERTAIN VEHICLES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Covered entity.--The term ``covered entity'' means any 
     entity that invests sums that are set aside for pensions of 
     employees and invests those sums in any mutual fund, 
     exchange-traded fund, or other investment vehicle that 
     invests in bonds or equities.
       (3) ESG criteria.--The term ``ESG criteria'' means--
       (A) environmental criteria, including--
       (i) emissions, climate change, sustainability, 
     environmental justice, pollution, or conservation; or
       (ii) whether a company is engaged in the exploration, 
     production, utilization, transportation, sale, or 
     manufacturing of fossil fuel-based energy;
       (B) social criteria, including--
       (i) diversity criteria, including--

       (I) the sex, race, ethnicity, gender identity, sexual 
     orientation, or socioeconomic status of the owners, board 
     members, employees, or customers of companies; or
       (II) whether the board members, employees, or customers 
     described in clause (i) are members of a labor organization; 
     or

       (ii) whether a company is engaged in the manufacture, 
     transportation, or sale of firearms, firearms accessories, or 
     ammunition;
       (C) political criteria, including the perceived or actual 
     political affiliations, donations, or associations of 
     companies; and
       (D) criteria for corporate governance standards that differ 
     from the applicable standards required under State and 
     Federal law, as in effect on the date of enactment of this 
     Act.
       (4) Exchange-traded fund.--The term ``exchange-traded 
     fund'' has the meaning given the term in section 270.6c-11 of 
     title 17, Code of Federal Regulations, or any successor 
     regulation.

[[Page S1109]]

       (5) Labor organization.--The term ``labor organization'' 
     has the meaning given the term in section 2 of the National 
     Labor Relations Act (29 U.S.C. 152).
       (b) Requirement.--Notwithstanding any other provision of 
     law or regulation, a covered entity that receives assistance 
     provided under the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2201 et seq.) as a recipient or subrecipient 
     shall, not later than 30 days after receiving the assistance, 
     request a statement of intent from the managers of the 
     covered entity that would expressly declare the intent of the 
     managers to comply, or not to comply, with a requirement that 
     the pensions of firefighters not be invested based on ESG 
     criteria.
       (c) Submission to FEMA.--Not later than 90 days after 
     receiving a request under subsection (b), the managers of the 
     covered entity shall submit to the Administrator the 
     statement of intent described in subsection (b).
       (d) Submission to Congress.--Upon receipt of a statement of 
     intent under subsection (c), the Administrator shall submit 
     to the Committee on Homeland Security and Governmental 
     Affairs of a Senate a statement detailing which managers of 
     covered entities do not intend to comply with the requirement 
     described in subsection (b).
                                 ______
                                 
  SA 65. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. BUREAU OF LAND MANAGEMENT AND FOREST SERVICE RULE.

       (a) Definitions.--In this section:
       (1) Analysis.--The term ``analysis'' means any analysis 
     with respect to a proposed action covered by the rule issued 
     under subsection (b) that the Director of the Bureau of Land 
     Management or the Chief of the Forest Service, as applicable, 
     determines to be necessary for the consideration of the 
     proposed action under Federal law, including the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
       (2) Federal land.--the term ``Federal land means''--
       (A) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))); and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
       (b) Issuance of Rule.--Subject to subsection (d), not later 
     than 1 year after the date of enactment of this Act, the 
     Director of the Bureau of Land Management and the Chief of 
     the Forest Service, acting jointly, shall issue a rule 
     identifying actions described in subsection (c) that, except 
     in extraordinary circumstances, as described in the rule, are 
     categorically excluded from requirements for environmental 
     assessments or environmental impact statements under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (c) Description of Action.--An action referred to in 
     subsection (b) is an action that may be routinely undertaken 
     on Federal land without fear of significant environmental 
     impact to protect personal property on or adjacent to the 
     Federal land from wildfire, including creating fire breaks 
     capable of ensuring the protection of property.
       (d) Requirements.--A rule issued under subsection (b) shall 
     provide that--
       (1) any person possessing applicable property may provide 
     to the head of the applicable Federal agency undertaking the 
     analysis all, or a portion of, the amounts necessary to 
     complete the analysis;
       (2) any person possessing applicable property, or an agent 
     of that person--
       (A) may prepare an analysis of a proposed action covered by 
     the rule; and
       (B) if approved by the Federal agency in accordance with 
     paragraph (3), may carry out the proposed action;
       (3) the head of an applicable Federal agency shall review 
     the analysis prepared by a person possessing applicable 
     property under paragraph (2)(A) to determine whether the 
     proposed action is eligible for a categorical exclusion under 
     the rule, and if the head of the Federal agency finds in the 
     affirmative, shall approve the analysis; and
       (4) any person carrying out an action covered by the rule 
     on Federal land shall be liable for impacts to resources 
     resulting from--
       (A) activities not described in the applicable analysis; or
       (B) any negligent activity of the person.
                                 ______
                                 
  SA 66. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. BUREAU OF LAND MANAGEMENT AND FOREST SERVICE RULE.

       (a) Definitions.--In this section:
       (1) Analysis.--The term ``analysis'' means any analysis 
     with respect to a proposed action covered by the rule issued 
     under subsection (b) that the Director of the Bureau of Land 
     Management or the Chief of the Forest Service, as applicable, 
     determines to be necessary for the consideration of the 
     proposed action under Federal law, including the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
       (2) Federal land.--the term ``Federal land means''--
       (A) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))); and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
       (3) Firebreak.--The term ``firebreak'' means a permanent or 
     temporary strip of ground cleared of vegetation, thinned of 
     vegetation, or planted with fire-resistant vegetation 
     intended to stop the spread of fire.
       (b) Issuance of Rule.--Subject to subsection (d), not later 
     than 1 year after the date of enactment of this Act, the 
     Director of the Bureau of Land Management and the Chief of 
     the Forest Service, acting jointly, shall issue a rule 
     identifying actions described in subsection (c) that, except 
     in extraordinary circumstances, as described in the rule, are 
     categorically excluded from requirements for environmental 
     assessments or environmental impact statements under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (c) Description of Action.--An action referred to in 
     subsection (b) is an action that may be routinely undertaken 
     on Federal land without fear of significant environmental 
     impact to protect personal property on or adjacent to the 
     Federal land from wildfire, including creating firebreaks 
     capable of ensuring the protection of property.
       (d) Requirements.--A rule issued under subsection (b) shall 
     provide that--
       (1) any person possessing applicable property may provide 
     to the head of the applicable Federal agency undertaking the 
     analysis all, or a portion of, the amounts necessary to 
     complete the analysis;
       (2) any person possessing applicable property, or an agent 
     of that person--
       (A) may prepare an analysis of a proposed action covered by 
     the rule; and
       (B) if approved by the Federal agency in accordance with 
     paragraph (3), may carry out the proposed action;
       (3) the head of an applicable Federal agency shall review 
     the analysis prepared by a person possessing applicable 
     property under paragraph (2)(A) to determine whether the 
     proposed action is eligible for a categorical exclusion under 
     the rule, and if the head of the Federal agency finds in the 
     affirmative, shall approve the analysis; and
       (4) any person carrying out an action covered by the rule 
     on Federal land shall be liable for impacts to resources 
     resulting from--
       (A) activities not described in the applicable analysis; or
       (B) any negligent activity of the person.
                                 ______
                                 
  SA 67. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill S. 870, to amend the Federal Fire 
Prevention and Control Act of 1974 to authorize appropriations for the 
United States Fire Administration and firefighter assistance grant 
programs; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TRANSFER OF UNOBLIGATED COVID FUNDS.

       (a) Covered Funds.--The term ``covered funds'' means 
     amounts made available under--
       (1) the Coronavirus Relief Fund established under section 
     601 of the Social Security Act (42 U.S.C. 801); and
       (2) the Coronavirus State and Local Fiscal Recovery Fund 
     programs established under section 602 or 603 of the Social 
     Security Act (42 U.S.C. 802, 803).
       (b) Identification of Funds to Transfer.--Not later than 30 
     days after the date of enactment of this Act, the Secretary 
     of the Treasury shall identify unobligated covered funds that 
     the Secretary determines appropriate for transfer to the 
     Administrator of the United States Fire Administration under 
     subsection (c).
       (c) Transfer.--Effective on the date that is 60 days after 
     the date of enactment of this Act, the unobligated covered 
     funds identified by the Secretary of the Treasury under 
     subsection (b) shall be transferred to and merged with other 
     amounts made available to the Administrator of the United 
     States Fire Administration to carry out section 17(g)(1)(N) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2216(g)(1)(N)).
       (d) Availability and Use.--Amounts transferred under 
     subsection (c) shall remain available until expended.

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