S.Amdt. 2436

SA 2436. 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 end of title VII of division B, add the following:

SEC. 27005. REPORT ON CERTAIN USES OF FEDERAL FUNDS.

(a) Definitions.--In this section:
(1) Department provided funds.--The term ``Department
provided funds'' means--
(A) amounts provided by the Department as financial
assistance or pursuant to a financial assistance agreement;
and
(B) amounts provided by the Department to any employee of
the Department, including wages, benefits, and any other
compensation.
(2) Financial assistance.--The term ``financial
assistance'' includes grants, subgrants, contracts,
cooperative agreements, and any other form of financial
assistance.
(3) Reportable nonworking time.--The term ``reportable
nonworking time'' means any time--
(A) during which an employee is not working; and
(B) for which the employee receives from the Department or
an individual or entity employing the employee standby pay or
any other form of payment or compensation from Department
provided funds.
(b) Reports.--
(1) Annual report to the secretary.--Not later than 60 days
after the last day of each fiscal year, each individual or
entity that receives Department provided funds under this Act
or any other law during that fiscal year shall submit to the
Secretary a report describing all reportable nonworking time
of the employees of the individual or entity during that
fiscal year, including, with respect to each project
associated with that reportable nonworking time--
(A) the name and location of the project;
(B) the number of employees compensated for reportable
nonworking time;
(C) the reason why each such employee was not working;
(D) the quantity of reportable nonworking time for which
each such employee was compensated; and
(E) the amount of Department provided funds expended to
compensate each such employee for reportable nonworking time.
(2) Annual report to congress.--Not later than 90 days
after the last day of each fiscal year, the Secretary shall
submit to Congress a report describing--
(A) the information submitted to the Secretary under
paragraph (1); and
(B) all reportable nonworking time of the employees of the
Department during that fiscal year, including information
pertaining to--
(i) each of the matters described in subparagraphs (B)
through (E) of paragraph (1); and
(ii) if the reportable nonworking time is associated with a
project, the name and location of the project.
(c) Guidance.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with
the Director of the Office of Management and Budget, shall
issue guidance to assist individuals and entities in
determining whether an employee--
(1) is not working for purposes of subsection (a)(3)(A);
and
(2) has received payment or compensation from Department
provided funds for purposes of subsection (a)(3)(B).
______