Protect America’s Statues Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7646 To limit certain funding to any jurisdiction that has in effect a law, regula- tion, policy, or procedure in contravention of section 1369 or section 2101 of title 18, United States Code. IN THE HOUSE OF REPRESENTATIVES JULY 16, 2020 Mr. MCCARTHY (for himself, Mr. GRAVES of Missouri, and Mr. JORDAN) in- troduced the following bill; which was referred to the Committee on Nat- ural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To limit certain funding to any jurisdiction that has in effect a law, regulation, policy, or procedure in con- travention of section 1369 or section 2101 of title 18, United States Code. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect America’s 4 Statues Act of 2020’’. 5 VerDate Sep 11 2014 05:47 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7646.IH H7646 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7646 IH SEC. 2. LIMITATION ON USE OF HISTORIC PRESERVATION 1 GRANT FUNDS. 2 (a) LIMITATION ON USE OF FUNDS.— 3 (1) IN GENERAL.—The Secretary shall not 4 award a historic preservation grant to an ineligible 5 jurisdiction, and any ineligible jurisdiction that has 6 been awarded a historic preservation grant shall re- 7 turn 75 percent of the grant to the Secretary or oth- 8 erwise reimburse the Secretary for 75 percent of the 9 amount of the grant within 30 days of the date the 10 jurisdiction is identified on the list prepared under 11 subsection (b). Any such monies returned or reim- 12 bursed shall be retained and disbursed by the Sec- 13 retary for the same purposes as provided under the 14 original authority under which the grant was award- 15 ed. 16 (2) GRANTS AFFECTED.—This paragraph shall 17 apply to historic preservation grants awarded in the 18 current fiscal year and in any other fiscal year after 19 the date of the enactment of this Act. 20 (b) DETERMINATION OF INELIGIBLE JURISDIC- 21 TIONS.—Not later than 30 days after the date of the en- 22 actment of this Act, and not less than annually thereafter, 23 the Attorney General shall— 24 VerDate Sep 11 2014 05:47 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7646.IH H7646 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7646 IH (1) determine what States, units of local gov- 1 ernment, and other jurisdictions are ineligible juris- 2 dictions for the purposes of this Act; and 3 (2) submit to the Secretary and Congress a 4 comprehensive list of ineligible jurisdictions as deter- 5 mined under paragraph (1). 6 (c) DEFINITIONS.—In this section: 7 (1) HISTORIC PRESERVATION GRANT.—The 8 term ‘‘historic preservation grant’’ means any grant 9 awarded to a State, unit of local government, terri- 10 tory of the United States, an Indian tribe or other 11 governmental entity administered by the National 12 Park Service for purposes that include historic pres- 13 ervation or revitalization, for example, the following: 14 (A) State Historic Preservation Office His- 15 toric Preservation Grants. 16 (B) Tribal Historic Preservation Office 17 Grants. 18 (C) Save America’s Treasures Grants. 19 (D) Paul Bruhn Historic Revitalization 20 Grant Program. 21 (2) INELIGIBLE JURISDICTION.—The term ‘‘in- 22 eligible jurisdiction’’ means a State, unit of local 23 government, territory of the United States, an In- 24 dian tribe or other individual jurisdiction that has in 25 VerDate Sep 11 2014 05:47 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7646.IH H7646 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7646 IH effect any law, regulation, policy, or procedure spe- 1 cifically within its control in contravention of section 2 1369 or section 2101 of title 18, United States 3 Code. 4 (3) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of the Interior. 6 SEC. 3. ELIGIBILITY REQUIREMENT FOR FIXED GUIDEWAY 7 CAPITAL INVESTMENT GRANTS. 8 (a) IN GENERAL.—Section 5309 of title 49, United 9 States Code, is amended— 10 (1) in subsection (a) by adding at the end the 11 following: 12 ‘‘(8) SPECIFIED INELIGIBLE JURISDICTION.— 13 The term ‘specified ineligible jurisdiction’ means a 14 State, unit of local government, territory of the 15 United States, an Indian tribe, or other individual 16 jurisdiction that has in effect any law, regulation, 17 policy, or procedure specifically within its control in 18 contravention of section 1369 or section 2101 of 19 title 18.’’; 20 (2) in subsection (c)(4) by adding at the end 21 the following: ‘‘The Secretary may not approve a 22 grant under this section for project in an area deter- 23 mined to be a specified ineligible jurisdiction.’’; and 24 VerDate Sep 11 2014 05:47 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7646.IH H7646 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7646 IH (3) in subsection (k)(4) by adding at the end 1 the following: 2 ‘‘(C) REVOCATION.—Any obligation or fu- 3 ture obligation and contingent commitments 4 made under this section may be revoked due to 5 a finding that the project is located in a speci- 6 fied ineligible jurisdiction.’’. 7 (b) GUIDANCE UPDATES.—Not later than 90 days 8 after the date of enactment of this Act, the Secretary of 9 Transportation shall update guidance issued pursuant to 10 section 5309(k)(6) of title 49, United States Code, to 11 carry out the amendments made by this section. 12 Æ VerDate Sep 11 2014 05:47 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7646.IH H7646 kjohnson on DSK79L0C42PROD with BILLS