I 

116TH CONGRESS 

2D SESSION H. R. 7646 

To limit certain funding to any jurisdiction that has in effect a law, regulation, 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) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and 

Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To limit certain funding to any jurisdiction that has in 

effect a law, regulation, policy, or procedure in contravention of section 1369 or section 2101 of title 18, 

United States Code. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protect America’s 

5 Statues Act of 2020’’. 


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1 SEC. 2. LIMITATION ON USE OF HISTORIC PRESERVATION 

2 GRANT FUNDS. 

3 (a) LIMITATION ON USE OF FUNDS.— 

4 (1) IN GENERAL.—The Secretary shall not 

5 award a historic preservation grant to an ineligible 

6 jurisdiction, and any ineligible jurisdiction that has 

7 been awarded a historic preservation grant shall re8 turn 75 percent of the grant to the Secretary or oth9 erwise reimburse the Secretary for 75 percent of the 

10 amount of the grant within 30 days of the date the 

11 jurisdiction is identified on the list prepared under 

12 subsection (b). Any such monies returned or reim13 bursed shall be retained and disbursed by the Sec14 retary for the same purposes as provided under the 

15 original authority under which the grant was award16 ed. 

17 (2) GRANTS AFFECTED.—This paragraph shall 

18 apply to historic preservation grants awarded in the 

19 current fiscal year and in any other fiscal year after 

20 the date of the enactment of this Act. 

21 (b) DETERMINATION OF INELIGIBLE JURISDIC22 TIONS.—Not later than 30 days after the date of the en23 actment of this Act, and not less than annually thereafter, 

24 the Attorney General shall— 


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1 (1) determine what States, units of local gov2 ernment, and other jurisdictions are ineligible juris3 dictions for the purposes of this Act; and 

4 (2) submit to the Secretary and Congress a 

5 comprehensive list of ineligible jurisdictions as deter6 mined under paragraph (1). 

7 (c) DEFINITIONS.—In this section: 

8 (1) HISTORIC PRESERVATION GRANT.—The 

9 term ‘‘historic preservation grant’’ means any grant 

10 awarded to a State, unit of local government, terri11 tory of the United States, an Indian tribe or other 

12 governmental entity administered by the National 

13 Park Service for purposes that include historic pres14 ervation or revitalization, for example, the following: 

15 (A) State Historic Preservation Office His16 toric Preservation Grants. 

17 (B) Tribal Historic Preservation Office 

18 Grants. 

19 (C) Save America’s Treasures Grants. 

20 (D) Paul Bruhn Historic Revitalization 

21 Grant Program. 

22 (2) INELIGIBLE JURISDICTION.—The term ‘‘in23 eligible jurisdiction’’ means a State, unit of local 

24 government, territory of the United States, an In25 dian tribe or other individual jurisdiction that has in 


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1 effect any law, regulation, policy, or procedure spe2 cifically within its control in contravention of section 

3 1369 or section 2101 of title 18, United States 

4 Code. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 SEC. 3. ELIGIBILITY REQUIREMENT FOR FIXED GUIDEWAY 

8 CAPITAL INVESTMENT GRANTS. 

9 (a) IN GENERAL.—Section 5309 of title 49, United 

10 States Code, is amended— 

11 (1) in subsection (a) by adding at the end the 

12 following: 

13 ‘‘(8) SPECIFIED INELIGIBLE JURISDICTION.— 

14 The term ‘specified ineligible jurisdiction’ means a 

15 State, unit of local government, territory of the 

16 United States, an Indian tribe, or other individual 

17 jurisdiction that has in effect any law, regulation, 

18 policy, or procedure specifically within its control in 

19 contravention of section 1369 or section 2101 of 

20 title 18.’’; 

21 (2) in subsection (c)(4) by adding at the end 

22 the following: ‘‘The Secretary may not approve a 

23 grant under this section for project in an area deter24 mined to be a specified ineligible jurisdiction.’’; and 


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1 (3) in subsection (k)(4) by adding at the end 

2 the following: 

3 ‘‘(C) REVOCATION.—Any obligation or fu4 ture obligation and contingent commitments 

5 made under this section may be revoked due to 

6 a finding that the project is located in a speci7 fied ineligible jurisdiction.’’. 

8 (b) GUIDANCE UPDATES.—Not later than 90 days 

9 after the date of enactment of this Act, the Secretary of 

10 Transportation shall update guidance issued pursuant to 

11 section 5309(k)(6) of title 49, United States Code, to 

12 carry out the amendments made by this section. 

Æ 


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