S.Amdt. 5379

SA 5379. 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:

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,
$1,643,000,000, 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);

[[Page S4330]]

``(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 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

[[Page S4331]]

``(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. IDENTIFICATION OF UNDERUTILIZED GSA BUILDINGS.

(a) In General.--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, $10,000,000, to
remain available until September 30, 2031, to identify
Federal buildings managed by the General Services
Administration that have underutilized office space, for the
purpose of initiating a sale of those buildings not later
than 1 year after the date of enactment of this Act.
(b) Consideration.--In identifying Federal buildings that
have underutilized office space under subsection (a), the
Administrator of General Services may consider, when
determining whether office space is underutilized, whether
the Federal buildings were temporarily unoccupied, or are
still underutilized as of the date of enactment of this Act,
due to increased teleworking policies implemented as a result
of the Coronavirus Disease 2019 (COVID-19) pandemic.
______