S.Amdt. 1354

SA 1354. Ms. LUMMIS submitted an amendment intended to be proposed to
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs.
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow,
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr.
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant
to title II of S. Con. Res. 5; which was ordered to lie on the table;
as follows:

Beginning on page 231, strike line 6 and all that follows
through page 242, line 17, and insert the following:

SEC. 7101. GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION.

(a) Northeast Corridor Appropriation.--In addition to
amounts otherwise available, there is appropriated for fiscal
year 2021, out of any money in the Treasury not otherwise
appropriated, $220,388,160, to remain available until
September 30, 2024, for grants as authorized under section
11101(a) of the FAST Act (Public Law 114-94) to prevent,
prepare for, and respond to coronavirus.
(b) National Network Appropriation.--In addition to amounts
otherwise available, there is appropriated for fiscal year
2021, out of any money in the Treasury not otherwise
appropriated, $729,611,840, to remain available until
September 30, 2024, for grants as authorized under section
11101(b) of the FAST Act (Public Law 114-94) to prevent,
prepare for, and respond to coronavirus.
(c) Long-distance Service Restoration and Employee
Recalls.--Not less than $165,926,000 of the aggregate amounts
made available under subsections (a) and (b) shall be for use
by the National Railroad Passenger Corporation to--
(1) restore, not later than 90 days after the date of
enactment of this Act, the frequency of rail service on long-
distance routes (as defined in section 24102 of title 49,
United States Code) that the National Railroad Passenger
Corporation reduced the frequency of on or after July 1,
2020, and continue to operate such service at such frequency;
and
(2) recall and manage employees furloughed on or after
October 1, 2020, as a result of efforts to prevent, prepare
for, and respond to coronavirus.
(d) Use of Funds in Lieu of Capital Payments.--Not less
than $109,805,000 of the aggregate amounts made available
under subsections (a) and (b)--
(1) shall be for use by the National Railroad Passenger
Corporation in lieu of capital payments from States and
commuter rail passenger transportation providers that are
subject to the cost allocation policy under section 24905(c)
of title 49, United States Code; and
(2) notwithstanding sections 24319(g) and 24905(c)(1)(A)(i)
of title 49, United States Code, such amounts do not
constitute cross-subsidization of commuter rail passenger
transportation.
(e) Use of Funds for State Payments for State-supported
Routes.--
(1) In general.--Of the amounts made available under
subsection (b), $174,850,000 shall be for use by the National
Railroad

[[Page S1379]]

Passenger Corporation to offset amounts required to be paid
by States for covered State-supported routes.
(2) Funding share.--The share of funding provided under
paragraph (1) with respect to a covered State-supported route
shall be distributed as follows:
(A) Each covered State-supported route shall receive 7
percent of the costs allocated to the route in fiscal year
2019 under the cost allocation methodology adopted pursuant
to section 209 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432).
(B) Any remaining amounts after the distribution described
in subparagraph (A) shall be apportioned to each covered
State-supported route in proportion to the passenger revenue
of such route and other revenue allocated to such route in
fiscal year 2019 divided by the total passenger revenue and
other revenue allocated to all covered State-supported routes
in fiscal year 2019.
(3) Covered state-supported route defined.--In this
subsection, the term ``covered State-supported route'' means
a State-supported route, as such term is defined in section
24102 of title 49, United States Code, but does not include a
State-supported route for which service was terminated on or
before February 1, 2020.
(f) Use of Funds for Debt Repayment or Prepayment.--Not
more than $100,885,000 of the aggregate amounts made
available under subsections (a) and (b) shall be--
(1) for the repayment or prepayment of debt incurred by the
National Railroad Passenger Corporation under financing
arrangements entered into prior to the date of enactment of
this Act; and
(2) to pay required reserves, costs, and fees related to
such debt, including for loans from the Department of
Transportation and loans that would otherwise have been paid
from National Railroad Passenger Corporation revenues.
(g) Project Management Oversight.--Not more than $2,000,000
of the aggregate amounts made available under subsections (a)
and (b) shall be for activities authorized under section
11101(c) of the FAST Act (Public Law 114-94).

SEC. 7102. RELIEF FOR AIRPORTS.

(a) In General.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2021, out of
any funds in the Treasury not otherwise appropriated,
$8,750,000,000, to remain available until September 30, 2024,
for assistance to sponsors of airports, as such terms are
defined in section 47102 of title 49, United States Code, to
be made available to prevent, prepare for, and respond to
coronavirus.
(2) Requirements and limitations.--Amounts made available
under this section--
(A) may not be used for any purpose not directly related to
the airport; and
(B) may not be provided to any airport that was allocated
in excess of 4 years of operating funds to prevent, prepare
for, and respond to coronavirus in fiscal year 2020.
(b) Allocations.--The following terms shall apply to the
amounts made available under this section:
(1) Operating expenses and debt service payments.--
(A) In general.--Not more than $6,642,000,000 shall be made
available for primary airports, as such term is defined in
section 47102 of title 49, United States Code, and certain
cargo airports, for costs related to operations, personnel,
cleaning, sanitization, janitorial services, combating the
spread of pathogens at the airport, and debt service
payments.
(B) Distribution.-- Amounts made available under this
paragraph--
(i) shall not be subject to the reduced apportionments
under section 47114(f) of title 49, United States Code;
(ii) shall first be apportioned as set forth in sections
47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii),
47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title
49, United States Code; and
(iii) shall not be subject to a maximum apportionment limit
set forth in section 47114(c)(1)(B) of title 49, United
States Code.
(C) Remaining amounts.--Any amount remaining after
distribution under subparagraph (B) shall be distributed to
the sponsor of each primary airport (as such term is defined
in section 47102 of title 49, United States Code) based on
each such primary airport's passenger enplanements compared
to the total passenger enplanements of all such primary
airports in calendar year 2019.
(2) Federal share for development projects.--
(A) In general.--Not more than $608,000,000 allocated under
subsection (a)(1) shall be available to pay a Federal share
of 100 percent of the costs for any grant awarded in fiscal
year 2021, or in fiscal year 2020 with less than a 100-
percent Federal share, for an airport development project (as
such term is defined in section 47102 of title 49).
(B) Remaining amounts.--Any amount remaining under this
paragraph shall be distributed as described in paragraph
(1)(C).
(3) Nonprimary airports.--
(A) In general.--Not more than $500,000,000 shall be made
available for general aviation and commercial service
airports that are not primary airports (as such terms are
defined in section 47102 of title 49, United States Code) for
costs related to operations, personnel, cleaning,
sanitization, janitorial services, combating the spread of
pathogens at the airport, and debt service payments.
(B) Distribution.--Amounts made available under this
paragraph shall be apportioned to each non-primary airport
based on the categories published in the most current
National Plan of Integrated Airport Systems, reflecting the
percentage of the aggregate published eligible development
costs for each such category, and then dividing the allocated
funds evenly among the eligible airports in each category,
rounding up to the nearest thousand dollars.
(C) Remaining amounts.--Any amount remaining under this
paragraph shall be distributed as described in paragraph
(1)(C).
(4) Airport concessions.--
(A) In general.--Not more than $1,000,000,000 shall be made
available for sponsors of primary airports to provide relief
from rent and minimum annual guarantees to airport
concessions.
(B) Distribution.--The amounts made available for each set-
aside in this paragraph shall be distributed to the sponsor
of each primary airport (as such term is defined in section
47102 of title 49, United States Code) based on each such
primary airport's passenger enplanements compared to the
total passenger enplanements of all such primary airports in
calendar year 2019.
(C) Conditions.--As a condition of approving a grant under
this paragraph--
(i) the sponsor shall provide such relief from the date of
enactment of this Act until the sponsor has provided relief
equaling the total grant amount, to the extent practicable
and to the extent permissible under State laws, local laws,
and applicable trust indentures; and
(ii) for each set-aside, the sponsor shall provide relief
from rent and minimum annual guarantee obligations to each
eligible airport concession in an amount that reflects each
eligible airport concession's proportional share of the total
amount of the rent and minimum annual guarantees of those
eligible airport concessions at such airport.
(c) Administration.--
(1) Administrative expenses.--The Administrator of the
Federal Aviation Administration may retain up to 0.1 percent
of the funds provided under this section to fund the award
of, and oversight by the Administrator of, grants made under
this section.
(2) Workforce retention requirements.--
(A) Required retention.--As a condition for receiving funds
provided under this section, an airport shall continue to
employ, through September 30, 2021, at least 90 percent of
the number of individuals employed (after making adjustments
for retirements or voluntary employee separations) by the
airport as of March 27, 2020.
(B) Waiver of retention requirement.--The Secretary shall
waive the workforce retention requirement if the Secretary
determines that--
(i) the airport is experiencing economic hardship as a
direct result of the requirement; or
(ii) the requirement reduces aviation safety or security.
(C) Exception.--The workforce retention requirement shall
not apply to nonhub airports or nonprimary airports receiving
funds under this section.
(D) Noncompliance.--Any financial assistance provided under
this section to an airport that fails to comply with the
workforce retention requirement described in subparagraph
(A), and does not otherwise qualify for a waiver or exception
under this paragraph, shall be subject to clawback by the
Secretary.
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