Congressional Record, Senate, February 25, 2021 — Introduced Bills and Dental Care Statements
Summary
This is S892 of the Congressional Record, Senate, February 25, 2021, with interleaved columns. The page lists added cosponsors, introduced bills and resolutions, including S. 488 on congressional review of actions to terminate or waive sanctions imposed with respect to Iran and S. Res. 77 designating the week of February 22 through February 26, 2021, as Public Schools Week. Under Statements on Introduced Bills and Joint Resolution, Mr. Cardin speaks about two oral health bills, one that eases loan assistance benefits for dental faculty and the Ensuring Kids Have Access to Medically Necessary Dental Care Act, which would remove annual and lifetime dollar limits on dental care under CHIP. The page continues onto S893, with the views attributed to the speaker.
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“Congressional Record, Senate, February 25, 2021 — Introduced Bills and Dental Care Statements.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-02-25-crec-2021-02-25-pt1-pgs892-3-470f1f8ec8/
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S892 CONGRESSIONAL RECORD — SENATE February 25, 2021
ERNST, Mrs. BLACKBURN, Mr. HOEVEN, improvement of public school facili- S. 306
Mr. BARRASSO, Mr. JOHNSON, Mr. ties, and for other purposes. At the request of Mr. VAN HOLLEN,
YOUNG, Mr. SASSE, Mr. LANKFORD, the name of the Senator from Pennsyl-
S. 181
Mr. HAWLEY, Mr. BOOZMAN, Mr. MAR- vania (Mr. CASEY) was added as a co-
SHALL, Mrs. CAPITO, and Mr. WICKER): At the request of Ms. HIRONO, the
name of the Senator from California sponsor of S. 306, a bill to provide a
S. 488. A bill to provide for congressional
review of actions to terminate or waive sanc- (Mr. PADILLA) was added as a cosponsor process for granting lawful permanent
tions imposed with respect to Iran; to the of S. 181, a bill to posthumously award resident status to aliens from certain
Committee on Foreign Relations. a Congressional Gold Medal to Fred countries who meet specified eligibility
By Mr. BRAUN (for himself and Ms. Korematsu, in recognition of his dedi- requirements, and for other purposes.
ERNST): S. 344
cation to justice and equality.
S. 489. A bill to require an annual report of At the request of Mr. TESTER, the
Federal employees and retirees with delin- S. 212
names of the Senator from South Caro-
quent tax debt; to the Committee on Home- At the request of Mr. CARDIN, the lina (Mr. SCOTT) and the Senator from
land Security and Governmental Affairs. names of the Senator from Minnesota Georgia (Mr. WARNOCK) were added as
By Mr. CRUZ (for himself, Mr. WICKER, (Ms. SMITH), the Senator from Ohio
Mrs. HYDE-SMITH, Mr. MARSHALL, Mr.
cosponsors of S. 344, a bill to amend
(Mr. BROWN) and the Senator from title 10, United States Code, to provide
BOOZMAN, Mr. HAGERTY, Mr. CASSIDY, Washington (Mrs. MURRAY) were added
Mr. LEE, Mr. PORTMAN, Mr. GRASS- for concurrent receipt of veterans’ dis-
LEY, Mrs. BLACKBURN, Mr. COTTON,
as cosponsors of S. 212, a bill to amend ability compensation and retirement
Ms. ERNST, Mr. DAINES, Mr. KENNEDY, the Internal Revenue Code of 1986 to pay for disability retirees with fewer
Mr. BARRASSO, Mr. INHOFE, and Mr. allow a refundable tax credit against than 20 years of service and a combat-
TILLIS): income tax for the purchase of quali- related disability, and for other pur-
S.J. Res. 9. A joint resolution proposing an fied access technology for the blind. poses.
amendment to the Constitution of the S. 220 S. 365
United States to require that the Supreme
Court of the United States be composed of
At the request of Ms. MURKOWSKI, the At the request of Mrs. BLACKBURN,
nine justices; read the first time. name of the Senator from Nevada (Ms. the name of the Senator from North
ROSEN) was added as a cosponsor of S. Carolina (Mr. TILLIS) was added as a
f
220, a bill to provide emergency relief cosponsor of S. 365, a bill to amend
SUBMISSION OF CONCURRENT AND to youth, children, and families experi- title 18, United States Code, to require
SENATE RESOLUTIONS encing homelessness, in light of the a provider of a report to the
The following concurrent resolutions health and economic consequences of CyberTipline related to online sexual
COVID–19. exploitation of children to preserve the
and Senate resolutions were read, and
S. 236 contents of such report for 180 days,
referred (or acted upon), as indicated:
At the request of Ms. BALDWIN, the and for other purposes.
By Mr. CARDIN (for himself, Mr.
S. RES. 19
LANKFORD, Mr. VAN HOLLEN, Ms. name of the Senator from Maine (Mr.
MURKOWSKI, Mr. KAINE, and Mr. WAR- KING) was added as a cosponsor of S. At the request of Mr. WHITEHOUSE,
NER): 236, a bill to improve activities for the the name of the Senator from Lou-
S. Res. 76. A resolution congratulating the gathering of data on, and the tracking isiana (Mr. KENNEDY) was added as a
National Active and Retired Federal Em- of, new variants of COVID–19. cosponsor of S. Res. 19, a resolution
ployees Association on the celebration of its recognizing January 2021 as ‘‘National
S. 239
100th anniversary on February 19, 2021, and Mentoring Month’’.
recognizing the vital contributions its mem- At the request of Mr. RISCH, the
f
bers have made to the United States over the name of the Senator from North Caro-
past 100 years; considered and agreed to. lina (Mr. TILLIS) was added as a co- STATEMENTS ON INTRODUCED
By Mr. TESTER (for himself, Ms. COL- sponsor of S. 239, a bill to permanently BILLS AND JOINT RESOLUTION
LINS, Mr. KING, Ms. HASSAN, Mr. CAR- enact certain appropriations Act re-
PER, Mr. WYDEN, Mr. MERKLEY, Mr.
By Mr. CARDIN (for himself and
strictions on the use of funds for abor- Ms. STABENOW):
MARKEY, Mr. BENNET, Mr. COONS, Ms.
CANTWELL, Mr. SANDERS, Mr. REED, tions and involuntary sterilizations, S. 448. A bill to amend title XXI of
Mr. BLUMENTHAL, Mr. KAINE, Mr. VAN and for other purposes. the Social Security Act to prohibit
HOLLEN, Ms. BALDWIN, Mr. BROWN, S. 247 lifetime or annual limits on dental cov-
Mr. WARNER, Mr. BOOKER, Mrs. MUR- At the request of Mr. LEE, the name erage under the Children’s Health In-
RAY, Mr. CASEY, Mrs. FEINSTEIN, Mr. of the Senator from Arkansas (Mr. COT- surance Program, and to require wrap-
WHITEHOUSE, Ms. ROSEN, Ms. HIRONO, TON) was added as a cosponsor of S. 247, around coverage of dental services for
Mr. MANCHIN, Ms. WARREN, Mrs. SHA- certain children under such program;
HEEN, Mr. MURPHY, Mr. CARDIN, Ms.
a bill to amend the Fair Labor Stand-
ards Act of 1938 to provide compen- to the Committee on Finance.
KLOBUCHAR, Ms. DUCKWORTH, Ms.
satory time for employees in the pri- Mr. CARDIN. Mr. President, I rise
SINEMA, Ms. ERNST, Mrs. CAPITO, Mr.
BOOZMAN, and Mr. DURBIN): vate sector. today to discuss two bills addressing
S. Res. 77. A resolution designating the S. 251
oral health, which I am introducing
week of February 22 through February 26, today. These bills will provide incen-
At the request of Mr. LEE, the name tives for dental and dental hygiene
2021, as ‘‘Public Schools Week’’; considered
and agreed to.
of the Senator from Florida (Mr. graduates to remain as dental school
By Mr. BOOKER (for himself, Mr. MAR- SCOTT) was added as a cosponsor of S. faculty and make the Children’s Health
KEY, Mr. BLUMENTHAL, Mr. BROWN, 251, a bill to provide that for purposes Insurance Program (CHIP) more afford-
Ms. WARREN, Mr. COONS, Mr. MENEN- of determining compliance with title able for at-risk patients and families.
DEZ, Mr. MERKLEY, Mr. SANDERS, Mr. IX of the Education Amendments of We rely on dental faculty to train the
WHITEHOUSE, Ms. DUCKWORTH, Ms. 1972 in athletics, sex shall be recog-
KLOBUCHAR, Mr. DURBIN, and Mr.
next generation of oral health pro-
nized based solely on a person’s repro- viders, but too often, these educators
PADILLA): ductive biology and genetics at birth.
S. Con. Res. 6. A concurrent resolution urg- find themselves pushed to work in pri-
S. 271 vate practice in order to pay off their
ing the establishment of a United States
Commission on Truth, Racial Healing, and At the request of Mr. CASEY, the student loans. The Dental Loan Repay-
Transformation; to the Committee on the names of the Senator from New York ment Assistance Act will ease some of
Judiciary. (Mr. SCHUMER), the Senator from this financial burden and allow faculty
f Michigan (Mr. PETERS), the Senator members to stay where they are needed
from Nevada (Ms. ROSEN) and the Sen- most by eliminating certain loan as-
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ADDITIONAL COSPONSORS
ator from California (Mr. PADILLA) sistance benefits from counting as tax-
S. 96 were added as cosponsors of S. 271, a able income. For low-income children,
At the request of Mr. REED, the name bill to amend the Internal Revenue the CHIP program provides access to
of the Senator from Virginia (Mr. Code of 1986 to enhance the Child and affordable oral health care. The Ensur-
KAINE) was added as a cosponsor of S. Dependent Care Tax Credit and make ing Kids Have Access to Medically Nec-
96, a bill to provide for the long-term the credit fully refundable. essary Dental Care Act makes oral
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February 25, 2021 CONGRESSIONAL RECORD — SENATE S893
health more affordable by eliminating knowledge the work that remains to be ical and dental coverage in history. In
annual and lifetime dollar limits for done. I invite my colleagues to join me addition, in 2010, Congress included pe-
dental care provided under CHIP and to use this month to renew our com- diatric dental services in the set of es-
requires that CHIP wraparound dental mitment to ensuring that all children sential health benefits established
coverage be the same as dental cov- in our country have access to afford- under the Affordable Care Act. I am
erage for CHIP enrollees. able and comprehensive dental serv- pleased to say that our actions have
The ongoing novel coronavirus ices. As former U.S. Surgeon General been working, and our numbers are im-
(COVID–19) pandemic has decreased ac- C. Everett Koop said, ‘‘there is no proving. In 2004, nearly 23 percent of all
cess to oral health care. Though pa- health without oral health.’’ children had untreated tooth decay. In
tient volumes have improved since last Tooth decay—despite being largely 2016, that number had dropped to 13
spring, recent surveys from the Amer- preventable—is the single most com- percent.
ican Dental Association (ADA) indicate mon chronic health condition among I am very proud that my State of
that since August many private prac- children and adolescents in the United Maryland is recognized as a national
tices have been operating at around 80 States. It is four times more common leader in pediatric dental health cov-
percent of pre-COVID–19 patient vol- than early-childhood obesity, five erage. In a 2011 Pew Center report,
umes while public health practices times more common than asthma, and ‘‘The State of Children’s Dental
have been operating at around 60 per- 20 times more common than diabetes. Health,’’ Maryland earned an ‘‘A’’ and
cent of pre-COVID–19 patient volumes. Among children in families living was the only State to meet seven of
Patients nationwide have experienced below the federal poverty line, 52 per- eight policy benchmarks for addressing
restrictions throughout the pandemic cent have cavities. Children with cav- children’s dental health needs. In addi-
impeding their ability to visit health ities in their primary or ‘‘baby’’ teeth tion, in the Maryland Health Benefit
professionals like oral health practi- are three times more likely to develop Exchange, very qualified health plan
tioners, while dental practices have ex- cavities in their permanent, adult now includes pediatric dental coverage,
perienced financial difficulties brought teeth, and the early loss of baby teeth so families do not have to pay a sepa-
on by the pandemic. Increases in oper- can make it harder for permanent rate premium for dental coverage for
ating costs to enable safe operations, teeth to grow in properly. If tooth their children and do not have a sepa-
such as purchasing personal protective decay is untreated, it not only can de- rate deductible or out-of-pocket limit
equipment (PPE), have strained dental stroy a child’s teeth; it can have a de- for pediatric dental services.
practices’ financial resources. These bilitating impact on his or her health I am also proud to say that Maryland
added costs, coupled with reduced pa- and quality of life. Medicaid does not place a lifetime or
tient volume, have led to nearly 60 per- Many of my colleagues have heard annual limit on pregnant women or
cent of dental practices applying or me speak before about the tragic loss children receiving dental benefits
planning to apply for small business of Deamonte Driver, a 12–year-old under CHIP. This ensures that preven-
loans under the Paycheck Protection Prince George’s County resident, in tive dental care like exams and
Program (PPP). 2007. Deamonte’s death was particu- cleanings, fillings, crowns, root canals,
As patients and providers alike cur- larly heartbreaking because it was en- and dentures are not out of reach for
rently struggle with oral health access tirely preventable. What started out as low-income Marylanders because of
issues, it is critical that the pandemic a toothache turned into an abscess and cost constraints. This benefit is criti-
not compound access to care inequi- then severe brain infection that an $80 cally important nationwide as millions
ties. In particular, these challenges are extraction could have prevented. After of Americans have joined Medicaid in
cause for concern for at-risk popu- multiple surgeries and a lengthy hos- the past year due to the pandemic.
lations such as communities of color, pital stay, Deamonte tragically passed Not every State has the same benefit
who experienced oral health disparities away—fourteen years ago and just a structure for CHIP as Maryland, how-
before the pandemic began. As families few miles from where we gather here in ever, which means that new and exist-
and patients nationwide struggle to ac- the Senate Chamber. ing Medicaid beneficiaries may have
cess care at this incredibly challenging Even in less tragic cases, tooth and limits on the types of services they can
time, I am introducing these two bills gum pain can impede a child’s healthy access. As we know from the terribly
to ease the financial burden of dental development, including the ability to tragic example of Deamonte Driver, no
professionals and promote increased learn, play, and eat nutritious foods. family or child should ever face cost
access to oral health for low-income Recent studies have shown that chil- constraint decisions for basic oral
beneficiaries. dren with poor oral health are nearly health care. This is why I have intro-
There are nearly 6,500 dental health three times more likely to miss school duced the Ensuring Kids Have Access
professional shortage areas nationwide. due to dental pain, and children report- to Medically Necessary Dental Care
These are areas where nearly 60 million ing recent toothaches are four times Act, to protect access to oral health
Americans, including 835,000 Maryland- more likely to have a lower grade point care for millions of CHIP and Medicaid
ers, struggle to find a dental provider, average than their peers who do not enrollees and ensure that the pandemic
even with insurance coverage. By 2030, suffer from dental pain. Tooth decay does not reverse the progress we have
the Department of Health & Human and oral health problems also dis- made in oral health.
Services (HHS) projects that the proportionately affect children from I urge my colleagues to join the sen-
United States will have a national low-income families and minority com- ior Senator from Mississippi (Mr.
shortage of 16,000 dentists. We can only munities. According to the National WICKER) and me in supporting the Den-
hope to solve this problem if we can re- Institutes of Health, approximately 80 tal Loan Repayment Assistance Act to
cruit and retain enough faculty to percent of childhood dental disease is help address our critical nationwide
train the next generation of dentists concentrated in 25 percent of the popu- shortage of dental healthcare providers
and dental hygienists. Crippling edu- lation. These children and families and especially dental faculty. We can-
cational debt should not prevent our often face inordinately high barriers to not continue to allow crippling grad-
Nation from having the oral health receiving essential oral health care uate student debt to deprive the Amer-
care providers it needs, and the Dental and, simply put, the consequences can ican people of the teachers and men-
Loan Repayment Assistance Act will be devastating. tors we need to train the next genera-
help address that In 2009, Congress reauthorized the tion of oral healthcare providers. I
I would also like to take this oppor- Children’s Health Insurance Program similarly urge my colleagues to join
tunity to acknowledge that February with an important addition: a guaran- the senior Senator from Michigan (Ms.
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is National Children’s Dental Health teed pediatric dental benefit. Today, STABENOW) and me in supporting the
Month. Since 1981, this month has af- CHIP provides affordable comprehen- Ensuring Kids Have Access to Medi-
forded us the opportunity to acknowl- sive health coverage—including dental cally Necessary Dental Care Act to im-
edge the importance of children’s den- coverage—to more than 9 million chil- prove access to oral health care for
tal health. We recognize the significant dren. Thanks to CHIP, we now have the low-income beneficiaries. We must
strides we have made, but we also ac- highest number of children with med- learn from the tragic example of
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S894 CONGRESSIONAL RECORD — SENATE February 25, 2021
Deamonte Driver, and ensure that cost ‘‘(ii) CALCULATION.—Calculation of the cost standing loan guarantee (or loan guarantee
constraints are not a barrier to access- of a loan guarantee shall include the effects commitment) from the current estimate of
ing oral health care. of changes in loan terms resulting from the cash flows.
exercise by the guaranteed lender of an op- ‘‘(B) INCLUSIONS.—The term ‘modification’
By Mr. THUNE (for himself and tion included in the loan guarantee, or by includes—
the borrower of an option included in the ‘‘(i) the sale of loan assets, with or without
Ms. HASSAN):
guaranteed loan contract. recourse, and the purchase of guaranteed
S. 468. A bill to expedite transpor- ‘‘(D) COST OF MODIFICATION.—The cost of a loans; and
tation project delivery, facilitate infra- modification is the difference between the ‘‘(ii) any action resulting from new legisla-
structure improvement, and for other current estimate of the net present value of tion, or from the exercise of administrative
purposes; to the Committee on Com- the remaining cash flows under the terms of discretion under existing law, that directly
merce, Science, and Transportation. a direct loan or loan guarantee contract, and or indirectly alters the estimated cost of
Mr. THUNE. Mr. President, I ask the current estimate of the net present value outstanding direct loans (or direct loan obli-
unanimous consent that the text of the of the remaining cash flows under the terms gations) or loan guarantee (or loan guar-
bill be printed in the RECORD. of the contract, as modified. antee commitment), such as a change in col-
There being no objection, the text of ‘‘(E) ESTIMATION OF NET PRESENT VALUES; lection procedures.
DISCOUNT RATE.—In estimating net present
the bill was ordered to be printed in ‘‘(11) PROJECT OBLIGATION.—The term
values, the discount rate shall be the average ‘project obligation’ means a note, bond, de-
the RECORD, as follows: interest rate on marketable Treasury securi-
S. 468 benture, or other debt obligation issued by a
ties of similar maturity to the cash flows of
Be it enacted by the Senate and House of Rep- borrower in connection with the financing of
the direct loan or loan guarantee for which
resentatives of the United States of America in a project, other than a direct loan or loan
the estimate is being made.
Congress assembled, guarantee under this chapter.
‘‘(F) ESTIMATED COST; BASIS.—When funds
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(12) RAILROAD.—The term ‘railroad’ has
are obligated for a direct loan or loan guar-
(a) SHORT TITLE.—This Act may be cited as antee, the estimated cost shall be based on the meaning given the term ‘railroad carrier’
the ‘‘Railroad Rehabilitation and Financing the current assumptions, adjusted to incor- in section 20102.
Innovation Act’’. porate the terms of the loan contract, for the ‘‘(13) RATING AGENCY.—The term ‘rating
(b) TABLE OF CONTENTS.—The table of con- fiscal year in which the funds are obligated. agency’ means a credit rating agency reg-
tents for this Act is as follows: ‘‘(2) CURRENT.—The term ‘current’ has the istered with the Securities and Exchange
Sec. 1. Short title; table of contents. meaning given such term in section 250(c)(9) Commission as a nationally recognized sta-
Sec. 2. Railroad Rehabilitation and Im- of the Balanced Budget and Emergency Def- tistical rating organization (as defined in
provement Financing Program. icit Control Act of 1985 (2 U.S.C. 900(c)(9)). section 3(a) of the Securities Exchange Act
Sec. 3. Conforming amendments. ‘‘(3) DIRECT LOAN.— of 1934 (15 U.S.C. 78c(a))).
Sec. 4. Transitional and savings provisions. ‘‘(A) IN GENERAL.—The term ‘direct loan’ ‘‘(14) SECRETARY.—The term ‘Secretary’
Sec. 5. Repeals. means a disbursement of funds by the Gov- means the Secretary of Transportation.
SEC. 2. RAILROAD REHABILITATION AND IM- ernment to a non-Federal borrower under a ‘‘(15) SUBSTANTIAL COMPLETION.—The term
PROVEMENT FINANCING PROGRAM. ‘substantial completion’ means—
contract that requires the repayment of the
(a) AMENDMENT TO TITLE 49, UNITED STATES funds. ‘‘(A) the opening of a project to passenger
CODE.—Part B of subtitle V of title 49, ‘‘(B) INCLUSIONS.—The term ‘direct loan’ or freight traffic; or
United States Code, is amended by inserting includes the purchase of, or participation in, ‘‘(B) a comparable event, as determined by
after chapter 223 the following: a loan made by another lender and financing the Secretary and specified in the terms of
‘‘CHAPTER 224—RAILROAD REHABILITA- arrangements that defer payment for more the direct loan or loan guarantee.
TION AND IMPROVEMENT FINANCING than 90 days, including the sale of a Govern-
PROGRAM ‘‘§ 22402. Direct loans and loan guarantees
ment asset on credit terms.
‘‘22401. Definitions. ‘‘(C) EXCLUSION.—The term ‘direct loan’ ‘‘(a) GENERAL AUTHORITY.—The Secretary
‘‘22402. Direct loans and loan guarantees. does not include the acquisition of a feder- shall provide direct loans and loan guaran-
‘‘22403. Administration of direct loans and ally guaranteed loan in satisfaction of de-
loan guarantees. tees—
fault claims. ‘‘(1) to States and units of local govern-
‘‘22404. Employee protection. ‘‘(4) DIRECT LOAN OBLIGATION.—The term
‘‘22405. Substantive criteria and standards. ment;
‘direct loan obligation’ means a binding
‘‘22406. Funding. ‘‘(2) to interstate compacts consented to by
agreement by the Secretary to make a direct
‘‘§ 22401. Definitions Congress under section 410(a) of the Amtrak
loan when specified conditions are fulfilled
‘‘In this chapter: Reform and Accountability Act of 1997 (Pub-
by the borrower.
‘‘(1) COST.— lic Law 105–134; 49 U.S.C. 24101 note);
‘‘(5) INTERMODAL.—The term ‘intermodal’
‘‘(A) IN GENERAL.—The term ‘cost’ means ‘‘(3) to government-sponsored authorities
means of or relating to the connection be-
the estimated long-term cost to the Govern- and corporations;
tween rail service and other modes of trans-
ment of a direct loan or loan guarantee, or ‘‘(4) to railroads;
portation, including all parts of facilities at
modification of the direct loan or loan guar- which the connection is made. ‘‘(5) to joint ventures that include at least
antee, calculated on a net present value ‘‘(6) INVESTMENT-GRADE RATING.—The term 1 of the entities described in paragraph (1),
basis, excluding administrative costs and ‘investment-grade rating’ means a rating of (2), (3), (4), or (6);
any incidental effects on governmental re- BBB minus, Baa3, bbb minus, BBB(low), or ‘‘(6) to private entities with controlling
ceipts or outlays. higher assigned by a rating agency. ownership in 1 or more freight railraods
‘‘(B) COST OF DIRECT LOANS.— ‘‘(7) LOAN GUARANTEE.—The term ‘loan other than Class 1 carriers; and
‘‘(i) IN GENERAL.—The cost of a direct loan guarantee’ means any guarantee, insurance, ‘‘(7) solely for the purpose of constructing
shall be the net present value, at the time or other pledge with respect to the payment a rail connection between a plant or facility
when the direct loan is disbursed, of the fol- of all or a part of the principal or interest on and a railroad, limited option freight ship-
lowing estimated cash flows: any debt obligation of a non-Federal bor- pers that own or operate a plant or other fa-
‘‘(I) Loan disbursements. rower to a non-Federal lender, but does not cility.
‘‘(II) Repayments of principal. include the insurance of deposits, shares, or ‘‘(b) ELIGIBLE PURPOSES.—
‘‘(III) Payments of interest and other pay- other withdrawable accounts in financial in- ‘‘(1) IN GENERAL.—Direct loans and loan
ments by or to the Government over the life stitutions. guarantees provided under this section shall
of the loan. ‘‘(8) LOAN GUARANTEE COMMITMENT.—The be used—
‘‘(ii) CALCULATION.—Calculation of the cost term ‘loan guarantee commitment’ means a ‘‘(A)(i) to acquire, improve, or rehabilitate
of a direct loan shall include the effects of binding agreement by the Secretary to make intermodal or rail equipment or facilities,
changes in loan terms resulting from the ex- a loan guarantee when specified conditions including track, components of track, civil
ercise by the borrower of an option included are fulfilled by the borrower, the lender, or works such as cuts and fills, bridges, yards,
in the loan contract. any other party to the guarantee agreement. buildings, and shops; and
‘‘(C) COST OF LOAN GUARANTEE.— ‘‘(9) MASTER CREDIT AGREEMENT.—The term ‘‘(ii) to finance costs related to the activi-
‘‘(i) IN GENERAL.—The cost of a loan guar- ‘master credit agreement’ means an agree- ties described in clause (i), including
antee shall be the net present value, at the ment to make 1 or more direct loans or loan preconstruction costs;
time when the guaranteed loan is disbursed, guarantees at future dates for a program of ‘‘(B) to develop or establish new inter-
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of the following estimated cash flows: related projects on terms acceptable to the modal or railroad facilities;
‘‘(I) Payments by the Government to cover Secretary. ‘‘(C) to refinance outstanding debt incurred
defaults and delinquencies, interest sub- ‘‘(10) MODIFICATION.— for the purposes described in subparagraph
sidies, or other payments. ‘‘(A) IN GENERAL.—The term ‘modification’ (A) or (B);
‘‘(II) Payments to the Government, includ- means any Government action that alters ‘‘(D) to reimburse planning, permitting,
ing origination and other fees, penalties, and the estimated cost of an outstanding direct and design expenses relating to activities de-
recoveries. loan (or direct loan obligation) or an out- scribed in subparagraph (A) or (B); or
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February 25, 2021 CONGRESSIONAL RECORD — SENATE S895
‘‘(E) to finance economic development, in- fees incurred under similar obligations in loans and loan guarantees, including costs of
cluding commercial and residential develop- the private capital market. modifications of direct loans and loan guar-
ment, and related infrastructure and activi- ‘‘(f) INFRASTRUCTURE PARTNERS.— antees.
ties that— ‘‘(1) AUTHORITY OF SECRETARY.— ‘‘(5) COLLATERAL.—
‘‘(i) incorporates private investment; ‘‘(A) IN GENERAL.—In lieu of or in combina- ‘‘(A) TYPES OF COLLATERAL.—An applicant
‘‘(ii) is physically or functionally related tion with appropriations of budget authority or infrastructure partner may propose tan-
to a passenger rail station or multimodal to cover the costs of direct loans and loan gible and intangible assets as collateral, ex-
station that includes rail service; guarantees as required under section 504(b)(1) clusive of goodwill. The Secretary, after
‘‘(iii) has a high probability of the appli- of the Federal Credit Reform Act of 1990 (2 evaluating each such asset—
cant commencing the contracting process for U.S.C. 661c(b)(1)), including the cost of a ‘‘(i) shall accept a net liquidation value of
construction not later than 90 days after the modification of a direct loan or loan guar- collateral; and
date on which the direct loan or loan guar- antee, the Secretary may accept on behalf of ‘‘(ii) shall consider and may accept—
antee is obligated for the project under this an applicant for assistance under this sec- ‘‘(I) the market value of collateral; or
chapter; and tion a commitment from a non-Federal ‘‘(II) in the case of a blanket pledge or as-
‘‘(iv) has a high probability of reducing the source, including a State or local govern- signment of an entire operating asset or bas-
need for financial assistance under any other ment or agency, or public benefit corpora- ket of assets as collateral, the net liquida-
Federal program for the relevant passenger tion or public authority of a State or local tion value, the market value of assets, or,
rail station or service by increasing rider- government, to fund, in whole or in part, the market value of the going concern, con-
ship, tenant lease payments, or other activi- credit risk premiums and modification costs sidering—
ties that generate revenue exceeding costs. with respect to the loan that is the subject ‘‘(aa) inclusion in the pledge of all the as-
‘‘(2) OPERATING EXPENSES NOT ELIGIBLE.— of the application or modification. sets necessary for independent operational
Direct loans and loan guarantees under this ‘‘(B) LIMITATION.—The aggregate of appro- utility of the collateral, including tangible
section may not be used for railroad oper- priations of budget authority and credit risk assets such as real property, track and struc-
ating expenses. premiums described in this paragraph with ture, equipment and rolling stock, stations,
‘‘(3) SUNSET.—The Secretary may provide a respect to a direct loan or loan guarantee systems and maintenance facilities and in-
direct loan or loan guarantee under this sec- shall not be less than the cost of that direct tangible assets such as long-term shipping
tion for a project described in paragraph loan or loan guarantee. agreements, easements, leases and access
(1)(E) only during the 4-year period begin- ‘‘(2) CREDIT RISK PREMIUM AMOUNT.—The rights such as for trackage and haulage;
ning on December 4, 2015. Secretary shall determine the amount re-
‘‘(bb) interchange commitments; and
‘‘(c) PRIORITY PROJECTS.—In granting ap- quired for credit risk premiums under this
‘‘(cc) the value of the asset as determined
plications for direct loans or guaranteed subsection on the basis of—
through the cost or market approaches, or
loans under this section, the Secretary shall ‘‘(A) the circumstances of the applicant,
the market value of the going concern, with
give priority to projects that— including the amount of collateral offered, if
the latter considering discounted cash flows
‘‘(1) enhance public safety, including any;
for a period not to exceed the term of the di-
projects for the installation of a positive ‘‘(B) the proposed schedule of loan dis-
rect loan or loan guarantee.
train control system (as defined in section bursements;
‘‘(B) APPRAISAL STANDARDS.—In evaluating
20157(i)); ‘‘(C) historical data on the repayment his-
appraisals of collateral under subparagraph
‘‘(2) promote economic development; tory of similar borrowers;
(A), the Secretary shall consider—
‘‘(3) enhance the environment; ‘‘(D) consultation with the Congressional
Budget Office; and ‘‘(i) adherence to the substance and prin-
‘‘(4) enable United States companies to be
‘‘(E) any other factors the Secretary con- ciples of the Uniform Standards of Profes-
more competitive in international markets;
siders relevant. sional Appraisal Practice, as developed by
‘‘(5) are endorsed by the plans prepared
‘‘(3) CREDITWORTHINESS.—Upon receipt of a the Appraisal Standards Board of the Ap-
under chapter 227 of this title or section 135
proposal from an applicant for assistance praisal Foundation;
of title 23 by the State or States in which the
under this section, the Secretary shall ac- ‘‘(ii) performance of the appraisal by li-
projects are located;
cept, as a basis for determining the amount censed or certified appraisers as may be re-
‘‘(6) improve railroad stations and pas-
of the credit risk premium under paragraph quired by the State of jurisdiction for the
senger facilities and increase transit-ori-
(2), in addition to the value of any collateral type of asset being appraised; and
ented development;
described in paragraph (5), any of the fol- ‘‘(iii) the qualifications of the appraisers to
‘‘(7) preserve or enhance rail or intermodal
lowing : value the type of collateral offered.
service to small communities or rural areas;
‘‘(8) enhance service and capacity in the ‘‘(A) The net present value of a future ‘‘(g) PREREQUISITES FOR ASSISTANCE.—The
national rail system; or stream of State or local subsidy income or Secretary may not make a direct loan or
‘‘(9)(A) would materially alleviate rail ca- other dedicated revenues to secure the direct loan guarantee under this section unless the
pacity problems that degrade the provision loan or loan guarantee. Secretary has made a written finding that—
of service to shippers; and ‘‘(B) Adequate coverage requirements to ‘‘(1) repayment of the obligation is re-
‘‘(B) would fulfill a need in the national ensure repayment, on a nonrecourse basis, quired to be made within a term of the lesser
transportation system. from cash flows generated by the project or of—
‘‘(d) EXTENT OF AUTHORITY.— any other dedicated revenue source, includ- ‘‘(A) 35 years after the date of substantial
‘‘(1) LIMITATION ON AGGREGATE UNPAID PRIN- ing— completion of the project; or
CIPAL AMOUNTS OF OBLIGATIONS.—The aggre- ‘‘(i) tolls; ‘‘(B) with regard to rail equipment or fa-
gate unpaid principal amounts of obligations ‘‘(ii) user fees, including operating or ten- cilities with estimated useful lives that ex-
under direct loans and loan guarantees made ant charges, facility rents, or other fees paid ceed the term described in subparagraph
under this section may not exceed by transportation service providers or opera- (A)—
$35,000,000,000 at any time. tors for access to, or the use of, infrastruc- ‘‘(i) 50 years after the date of substantial
‘‘(2) MINIMUM AMOUNT FOR FREIGHT RAIL- ture, including rail lines, bridges, tunnels, completion of the project; or
ROADS.—Of the amount referred to in para- yards, or stations; and ‘‘(ii) the estimated useful life of the rail
graph (1), not less than $7,000,000,000 shall be ‘‘(iii) payments owing to the obligor under equipment or facilities to be acquired, reha-
available solely for projects primarily bene- a public-private partnership. bilitated, improved, developed, or estab-
fitting freight railroads other than Class I ‘‘(C) An investment-grade rating on the di- lished, subject to an adequate determination
carriers. rect loan or loan guarantee, as applicable, of long-term risk;
‘‘(3) PROPORTION OF UNUSED AMOUNT.—The unless the total amount of the direct loan or ‘‘(2) the direct loan or loan guarantee is
Secretary shall not establish any limit on loan guarantee is greater than $150,000,000, in justified by the present and probable future
the proportion of the unused amount author- which case the applicant shall have an in- demand for rail services or intermodal facili-
ized under this subsection that may be used vestment-grade rating from not fewer than 2 ties;
for 1 loan or loan guarantee. rating agencies regarding the direct loan or ‘‘(3) the applicant has given reasonable as-
‘‘(e) RATES OF INTEREST.— loan guarantee. surances that the facilities or equipment to
‘‘(1) DIRECT LOANS.—The interest rate on a ‘‘(D) A projection of freight or passenger be acquired, rehabilitated, improved, devel-
direct loan under this section shall be not demand for the project based on regionally oped, or established with the proceeds of the
less than the yield on United States Treas- developed economic forecasts, including pro- obligation will be economically and effi-
ury securities of a similar maturity to the jections of any modal diversion resulting ciently utilized;
maturity of the secured loan on the date of from the project. ‘‘(4) the obligation can reasonably be re-
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execution of the loan agreement. ‘‘(4) PAYMENT OF PREMIUMS.—Credit risk paid, using an appropriate combination of
‘‘(2) LOAN GUARANTEES.—The Secretary premiums under this subsection shall be paid credit risk premiums and collateral offered
shall not make a loan guarantee under this to the Secretary before the disbursement of by the applicant to protect the Federal Gov-
section if the interest rate for the loan ex- loan amounts (and in the case of a modifica- ernment; and
ceeds that which the Secretary determines tion, before the modification is executed), to ‘‘(5) the purposes of the direct loan or loan
to be reasonable, taking into consideration the extent appropriations are not available guarantee are consistent with subsection (b).
the prevailing interest rates and customary to the Secretary to meet the costs of direct ‘‘(h) CONDITIONS OF ASSISTANCE.—
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S896 CONGRESSIONAL RECORD — SENATE February 25, 2021
‘‘(1) IN GENERAL.—Before granting assist- ‘‘(B) allow the applicant to resubmit the ‘‘(III) the proposed capital structure of the
ance under this section, the Secretary shall application with the information and mate- project to which the loan or loan guarantee
require the applicant to agree to such terms rial described under subparagraph (A) to would be applied, including the proposed
and conditions as are sufficient, in the judg- complete the application. Federal and non-Federal shares of the total
ment of the Secretary, to ensure that, as ‘‘(3) APPLICATION APPROVALS AND DIS- project cost;
long as any principal or interest is due and APPROVALS.— ‘‘(IV) the type of activity to receive credit
payable on the obligation, the applicant, and ‘‘(A) IN GENERAL.—Not later than 45 days assistance, including whether the project—
any railroad or railroad partner for whose after the date on which the Secretary noti- ‘‘(aa) is new construction or rehabilitation
benefit the assistance is intended— fies an applicant that an application is com- of existing rail equipment or facilities;
‘‘(A) will not use any funds or assets from plete under paragraph (1), the Secretary ‘‘(bb) is a refinancing an existing loan or
railroad or intermodal operations for pur- shall provide the applicant written notice as loan guarantee; and
poses not related to the operations, if the to whether the Secretary has approved or ‘‘(V) if a deferred payment is proposed, the
use— disapproved the application. length of such deferment;
‘‘(i) would impair the ability of the appli- ‘‘(B) ACTIONS BY THE OFFICE OF MANAGE- ‘‘(VI) the credit rating or ratings provided
cant, railroad, or railroad partner to provide MENT AND BUDGET.—In order to enable com- for the applicant;
rail or intermodal services in an efficient pliance with the time limit under subpara- ‘‘(VII) if other credit instruments are in-
and economic manner; or graph (A), the Office of Management and volved, the proposed subordination relation-
‘‘(ii) would adversely affect the ability of Budget shall take any action required with ship and a description of such other credit
the applicant, railroad, or railroad partner instruments;
respect to the application within such 45-day
to perform any obligation entered into by ‘‘(VIII) a schedule for the readiness of pro-
period.
the applicant under this section; posed investments for financing;
‘‘(4) STREAMLINED APPLICATION REVIEW
‘‘(B) will, consistent with its capital re- ‘‘(IX) a description of any Federal permits
PROCESS.—
sources, maintain its capital program, equip- required, including under the National Envi-
‘‘(A) IN GENERAL.—Consistent with section
ment, facilities, and operations on a con- ronmental Policy Act of 1969 (42 U.S.C. 4321
116, and not later than 180 days after date of
tinuing basis; and et seq.) and any waivers under section 5323(j)
the enactment of the Railroad Rehabilita-
‘‘(C) will not make any discretionary divi- of title 49, United States Code (commonly re-
tion and Financing Innovation Act, the Sec- ferred to as the ‘Buy America Act’); and
dend payments that unreasonably conflict retary shall make available an expedited ap-
with the purposes stated in subsection (b). ‘‘(X) other characteristics of the proposed
plication process or processes at the request activity to be financed, borrower, key agree-
‘‘(2) COLLATERAL AND REQUEST FOR ASSIST- of applicants seeking loans or loan guaran-
ANCE FROM ANOTHER SOURCE NOT REQUIRED.—
ments, or the nature of the credit that the
tees. Secretary considers to be fundamental to the
‘‘(A) COLLATERAL.— ‘‘(B) CRITERIA.—Applicants seeking loans
‘‘(i) IN GENERAL.—The Secretary may not creditworthiness review;
and loan guarantees issued under this sub- ‘‘(ii) the status of the application in the
require an applicant for a direct loan or loan section shall—
guarantee under this section to provide col- pre-application review and selection process;
‘‘(i) seek a total loan or loan guarantee ‘‘(iii) the cumulative amounts paid by the
lateral. value not exceeding $100,000,000;
‘‘(ii) VALUATION.—Any collateral provided Secretary to outside advisors related to the
‘‘(ii) meet eligible project purposes in- application, including financial and legal ad-
or enhanced after being provided shall be cluded in subparagraphs (A)(i), (A)(ii), and visors;
valued as a going concern after giving effect (B) of subsection (b)(1); and ‘‘(iv) a description of the key rating factors
to the present value of improvements con- ‘‘(iii) meet other criteria considered appro- used by the Secretary to determine credit
templated by the completion and operation priate by the Secretary, in consultation with risk, including—
of the project, if applicable. the Department of Transportation Council ‘‘(I) the qualitative and quantitative fac-
‘‘(B) REQUEST FOR ASSISTANCE FROM AN- on Credit and Finance. tors used to determine risk for the proposed
OTHER SOURCE.—The Secretary may not re- ‘‘(C) EXPEDITED CREDIT REVIEW.—The total application;
quire an applicant for a direct loan or loan period between the submission of a draft ap- ‘‘(II) an adjectival risk rating for each
guarantee under this section to have pre- plication and the approval or disapproval of identified factor, ranked as either low, mod-
viously sought the financial assistance re- a loan or loan guarantee for an applicant erate, or high; and
quested from another source. under this paragraph may not exceed 90 ‘‘(v) a nonbinding estimate of the credit
‘‘(3) REQUIRED COMPLIANCE.—The Secretary days. If an application review conducted risk premium, which may be in the form of—
shall require recipients of direct loans or under this paragraph exceeds 90 days, the ‘‘(I) a range, based on the assessment of
loan guarantees under this section to comply Secretary shall— risk factors described in clause (iv); or
with— ‘‘(i) provide written notice to the appli- ‘‘(II) a justification for why the estimate of
‘‘(A) the standards of section 24312, as in ef- cant, including a justification for the delay the credit risk premium cannot be deter-
fect on September 1, 2002, with respect to the and updated estimate of the time needed for mined based on available information; and
project in the same manner that Amtrak is approval or disapproval; and ‘‘(vi) a description of key information the
required to comply with the standards for ‘‘(ii) post the notice on the dashboard de- Secretary needs from the applicant to com-
construction work financed under an agree- scribed in paragraph (5). plete the credit review process and make a
ment made under section 24308(a); and ‘‘(5) DASHBOARD.—The Secretary shall post, final determination of the credit risk pre-
‘‘(B) the protective arrangements estab- on the Department of Transportation’s inter- mium.
lished under section 22404, with respect to net website, a monthly report that includes, ‘‘(B) REPORT.—The Secretary shall submit
employees affected by actions taken in con- for each application— the report described in subparagraph (A) not
nection with the project to be financed by ‘‘(A) the applicant type; less frequently than every 45 days after the
the direct loan or loan guarantee. ‘‘(B) the location of the project; date on which the Secretary presents the
‘‘(4) MATCHING FUNDS.—The Secretary shall ‘‘(C) a brief description of the project, in- first request to the applicant for funding to
require each recipient of a direct loan or cluding its purpose; pay fees for advisors described in subpara-
loan guarantee under this section, for a ‘‘(D) the requested direct loan or loan graph (A)(iii).
project described in subsection (b)(1)(E), to guarantee amount; ‘‘(C) EXCEPTION.—The report required
provide a non-Federal match of not less than ‘‘(E) the date on which the Secretary pro- under this paragraph may not be applied to
25 percent of the total amount expended by vided application status notice under para- applications processed using the expedited
the recipient for the project. graph (1); credit review process under paragraph (5)(B).
‘‘(i) APPLICATION PROCESSING PROCE- ‘‘(F) the date that the Secretary provided ‘‘(j) REPAYMENT SCHEDULES.—
DURES.— notice of approval or disapproval under para- ‘‘(1) IN GENERAL.—The Secretary shall es-
‘‘(1) APPLICATION STATUS NOTICES.—Not graph (3); and tablish a repayment schedule requiring pay-
later than 30 days after the date on which ‘‘(G) whether the project utilized the expe- ments to commence not later than 5 years
the Secretary receives an application under dited application process under paragraph after the date of substantial completion.
this section, or additional information and (4). ‘‘(2) ACCRUAL.—Interest shall accrue as of
material under paragraph (2)(B), the Sec- ‘‘(6) REGULAR CREDITWORTHINESS REVIEW the date of disbursement, and shall be amor-
retary shall provide the applicant written STATUS REPORTS.— tized over the remaining term of the loan,
notice as to whether the application is com- ‘‘(A) IN GENERAL.—The Secretary shall pro- beginning at the time the payments begin.
plete or incomplete. vide to the applicant a regular report con- ‘‘(3) DEFERRED PAYMENTS.—
‘‘(2) INCOMPLETE APPLICATIONS.—If the Sec- taining information related to the applica- ‘‘(A) IN GENERAL.—If, at any time the date
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retary determines that an application is in- tion for a loan or loan guarantee, including— of substantial completion, the obligor is un-
complete, the Secretary shall— ‘‘(i) a summary of the proposed trans- able to pay the scheduled loan repayments of
‘‘(A) provide the applicant with a descrip- action, including— principal and interest on a direct loan pro-
tion of all of the specific information or ma- ‘‘(I) the total value of the proposed loan or vided under this section, the Secretary, sub-
terial that is needed to complete the applica- loan guarantee; ject to subparagraph (B), may allow, for a
tion, including any information required by ‘‘(II) the name of the applicant or appli- maximum aggregate time of 1 year over the
an independent financial analyst; and cants submitting an application; duration of the direct loan, the obligor to
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February 25, 2021 CONGRESSIONAL RECORD — SENATE S897
add unpaid principal and interest to the out- payment of each applicable direct loan or holder, as of the date when the Secretary
standing balance of the direct loan. loan guarantee; granted the application for the guarantee or
‘‘(B) INTEREST.—A payment deferred under ‘‘(C) provide for the obligation of funds— commitment, except as to fraud or material
subparagraph (A) shall— ‘‘(i) for the direct loans or loan guarantees misrepresentation by the holder.
‘‘(i) continue to accrue interest under para- contingent on the meeting of all applicable ‘‘(g) DEFAULT.—
graph (2) until the loan is fully repaid; and requirements and after all requirements ‘‘(1) IN GENERAL.—The Secretary shall pre-
‘‘(ii) be scheduled to be amortized over the have been met, for the projects subject to scribe regulations setting forth procedures in
remaining term of the loan. the master credit agreement; and the event of default on a loan made or guar-
‘‘(4) PREPAYMENTS.— ‘‘(D) provide 1 or more dates, as deter- anteed under section 22402.
‘‘(A) USE OF EXCESS REVENUES.—With re- mined by the Secretary, before which the ‘‘(2) LOAN GUARANTEES.—The Secretary
spect to a direct loan provided by the Sec- master credit agreement results in the dis- shall ensure that each loan guarantee made
retary under this section, any excess reve- bursement issuance of each of the direct under section 22402 contains terms and con-
nues that remain after satisfying scheduled loans or loan guarantees or in the release of ditions that provide that—
debt service requirements on the project ob- the master credit agreement. ‘‘(A) if a payment of principal or interest
ligations and direct loan and all deposit re- under the loan is in default for more than 30
‘‘§ 22403. Administration of direct loans and
quirements under the terms of any trust days, the Secretary shall pay to the holder of
loan guarantees
agreement, bond resolution, or similar the obligation, or the holder’s agent, the
agreement securing project obligations may ‘‘(a) APPLICATIONS.— amount of unpaid guaranteed interest;
be applied annually to prepay the direct loan ‘‘(1) IN GENERAL.—The Secretary shall pre- ‘‘(B) if the default has continued for more
without penalty. scribe the form and contents required of ap- than 90 days, the Secretary shall pay to the
‘‘(B) USE OF PROCEEDS OF REFINANCING.— plications for assistance under section 22402, holder of the obligation, or the holder’s
The direct loan may be prepaid at any time to enable the Secretary to determine the eli- agent, 90 percent of the unpaid guaranteed
without penalty from the proceeds of refi- gibility of the applicant’s proposal, and shall principal;
nancing from non-Federal funding sources. establish terms and conditions for direct ‘‘(C) after final resolution of the default,
‘‘(k) SALE OF DIRECT LOANS.— loans and loan guarantees made under that through liquidation or otherwise, the Sec-
‘‘(1) IN GENERAL.—Subject to paragraph (2) section, including a program guide, a stand- retary shall pay to the holder of the obliga-
and as soon as practicable after substantial ard term sheet, and specific timetables. tion, or the holder’s agent, any remaining
completion of a project, the Secretary, after ‘‘(2) DOCUMENTATION.—An applicant meet- amounts guaranteed but that were not re-
notifying the obligor, may sell to another ing the size standard for small business con- covered through the default’s resolution;
entity or reoffer into the capital markets a cerns established under section 3(a)(2) of the ‘‘(D) the Secretary shall not be required to
direct loan for the project if the Secretary Small Business Act (15 U.S.C. 632(a)(2)) may make any payment under subparagraphs (A)
determines that the sale or reoffering has a provide unaudited financial statements as through (C) if the Secretary finds, before the
high probability of being made on favorable documentation of historical financial infor- expiration of the periods described in such
terms. mation if such statements are accompanied subparagraphs, that the default has been
‘‘(2) CONSENT OF OBLIGOR.—In making a by the applicant’s Federal tax returns and remedied; and
sale or reoffering under paragraph (1), the Internal Revenue Service tax verifications ‘‘(E) the holder of the obligation shall not
Secretary shall not change the original for the corresponding years. receive payment or be entitled to retain pay-
terms and conditions of the secured loan ‘‘(b) FULL FAITH AND CREDIT.—All guaran- ment in a total amount that, together with
without the prior written consent of the ob- tees entered into by the Secretary under sec- all other recoveries (including any recovery
ligor. tion 22402 shall constitute general obliga- based upon a security interest in equipment
‘‘(l) NONSUBORDINATION.— tions of the United States of America and or facilities) exceeds the actual loss of the
‘‘(1) IN GENERAL.—Except as provided in shall be backed by the full faith and credit of holder.
paragraph (2), a direct loan provided by the the United States of America. ‘‘(h) RIGHTS OF THE SECRETARY.—
Secretary under this section shall not be ‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.— ‘‘(1) SUBROGATION.—If the Secretary makes
subordinated to the claims of any holder of The holder of a loan guarantee made under payment to a holder, or a holder’s agent,
project obligations in the event of bank- section 22402 may assign the loan guarantee under subsection (g) in connection with a
ruptcy, insolvency, or liquidation of the obli- in whole or in part, subject to such require- loan guarantee made under section 22402, the
gor. ments as the Secretary may prescribe. Secretary shall be subrogated to all of the
‘‘(2) PREEXISTING INDENTURES.— ‘‘(d) MODIFICATIONS.—The Secretary may rights of the holder with respect to the obli-
‘‘(A) IN GENERAL.—The Secretary may approve the modification of any term or con- gor under the loan.
waive the requirement under paragraph (1) dition of a direct loan, loan guarantee, direct ‘‘(2) DISPOSITION OF PROPERTY.—The Sec-
for a public agency borrower that is financ- loan obligation, or loan guarantee commit- retary may complete, recondition, recon-
ing ongoing capital programs and has out- ment, including the rate of interest, time of struct, renovate, repair, maintain, operate,
standing senior bonds under a preexisting in- payment of interest or principal, or security charter, rent, sell, or otherwise dispose of
denture if— requirements, if the Secretary finds in writ- any property or other interests obtained pur-
‘‘(i) the direct loan is rated in the A cat- ing that— suant to this section. The Secretary shall
egory or higher; ‘‘(1) the modification is equitable and is in not be subject to any Federal or State regu-
‘‘(ii) the direct loan is secured and payable the overall best interests of the United latory requirements when carrying out this
from pledged revenues not affected by States; paragraph.
project performance, such as a tax-based rev- ‘‘(2) consent has been obtained from the ap- ‘‘(i) ACTION AGAINST OBLIGOR.—
enue pledge or a system-backed pledge of plicant and in the case of a loan guarantee or ‘‘(1) IN GENERAL.—The Secretary may bring
project revenues; and loan guarantee commitment, the holder of a civil action in an appropriate Federal court
‘‘(iii) the program share, under this chap- the obligation; and in the name of the United States in the
ter, of eligible project costs is 50 percent or ‘‘(3) the modification cost has been covered event of a default on a direct loan made
less. under section 22402(f). under section 22402 or in the name of the
‘‘(B) LIMITATION.—The Secretary may im- ‘‘(e) COMPLIANCE.—The Secretary shall en- United States or of the holder of the obliga-
pose limitations for the waiver of the non- sure compliance by an applicant, any other tion in the event of a default on a loan guar-
subordination requirement under this para- party to the loan, and any railroad or rail- anteed under section 22402.
graph if the Secretary determines that the road partner for whose benefit assistance is ‘‘(2) RECORDS AND EVIDENCE.—The holder of
limitations would be in the financial interest intended, with the provisions of this chapter, a guarantee shall make available to the Sec-
of the Federal Government. regulations issued under this chapter, and retary all records and evidence necessary to
‘‘(m) MASTER CREDIT AGREEMENTS.— the terms and conditions of the direct loan prosecute the civil action.
‘‘(1) IN GENERAL.—Subject to paragraph (2) or loan guarantee, including through regular ‘‘(3) PROPERTY AS SATISFACTION OF SUMS
and to subsection (d), the Secretary may periodic inspections. OWED.—The Secretary may accept property
enter into a master credit agreement that is ‘‘(f) COMMERCIAL VALIDITY.— in full or partial satisfaction of any sums
contingent on all of the conditions for the ‘‘(1) IN GENERAL.—For purposes of claims owed as a result of a default.
provision of a direct loan or loan guarantee, by any party other than the Secretary, a ‘‘(4) EXCESS AMOUNT.—
as applicable, under this chapter and other loan guarantee or loan guarantee commit- ‘‘(A) PAYMENT TO OBLIGOR.—If the Sec-
applicable requirements being satisfied prior ment shall be conclusive evidence that the retary receives, through the sale or other
to the issuance of the direct loan or loan underlying obligation is in compliance with disposition of the property described in para-
guarantee. the provisions of this chapter, and that the graph (3), an excess amount described in sub-
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‘‘(2) CONDITIONS.—Each master credit obligation has been approved and is legal as paragraph (B), the Secretary shall pay to the
agreement shall— to principal, interest, and other terms. obligor the excess amount.
‘‘(A) establish the maximum amount and ‘‘(2) VALID AND INCONTESTABLE.—A guar- ‘‘(B) AMOUNT.—An excess amount under
general terms and conditions of each appli- antee or commitment under paragraph (1) this subparagraph is an amount the exceeds
cable direct loan or loan guarantee; shall be valid and incontestable in the hands the aggregate of—
‘‘(B) identify 1 or more dedicated non-Fed- of a holder of the guarantee or commitment, ‘‘(i) the amount paid to the holder of a
eral revenue sources that will secure the re- including the original lender or any other guarantee under subsection (g); and
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S898 CONGRESSIONAL RECORD — SENATE February 25, 2021
‘‘(ii) any other cost to the United States of ‘‘(3) PRESCRIBED ARRANGEMENTS.—In the nanced by funds provided pursuant to this
remedying the default. absence of an executed agreement under chapter.
‘‘(j) BREACH OF CONDITIONS.—The Attorney paragraph (2), the Secretary of Labor shall ‘‘§ 22405. Substantive criteria and standards
General shall commence a civil action in an prescribe the applicable protective arrange-
‘‘The Secretary shall publish in the Fed-
appropriate Federal court to enjoin any ac- ments not later than July 4, 1976.
‘‘(b) TERMS.— eral Register and post on the Department of
tivity that the Secretary finds is in violation
‘‘(1) APPLICABILITY TO EXISTING EMPLOY- Transportation website the substantive cri-
of this chapter, regulations issued under this
EES.—The arrangements required under sub-
teria and standards used by the Secretary to
chapter, or any conditions that were agreed
section (a) shall apply to each employee who determine whether to approve or disapprove
to, and to secure any other appropriate re-
has an employment relationship with a rail- applications submitted under section 22404.
lief.
road on the date on which the railroad first The Secretary shall ensure adequate proce-
‘‘(k) ATTACHMENT.—No attachment or exe-
applies for financial assistance under this dures and guidelines are in place to permit
cution may be issued against the Secretary,
chapter. the filing of complete applications not later
or any property in the control of the Sec-
‘‘(2) INCLUSIONS.—Such arrangements shall than 30 days after such publication.
retary, prior to the entry of final judgment
to that effect in any Federal, State, or other include such provisions as may be necessary ‘‘§ 22406. Funding
court. for the negotiation and execution of agree- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(l) CHARGES AND LOAN SERVICING.— ments as to the manner in which the protec- ‘‘(1) IN GENERAL.—There are authorized to
‘‘(1) PURPOSES.—The Secretary may collect tive arrangements shall be applied, including be appropriated out of the General Fund for
from each applicant, obligor, or loan party a notice requirements. credit assistance under this chapter—
reasonable charge for— ‘‘(3) EXECUTION PRIOR TO IMPLEMENTATION ‘‘(A) $30,000,000 for fiscal year 2022;
‘‘(A) the cost of evaluating the application, OF WORK.—The agreements shall be executed ‘‘(B) $31,000,000 for fiscal year 2023;
amendments, modifications, and waivers, in- prior to implementation of work funded from ‘‘(C) $32,000,000 for fiscal year 2024;
cluding for evaluating project viability, ap- financial assistance under this chapter. ‘‘(D) $33,000,000 for fiscal year 2025; and
plicant creditworthiness, and the appraisal ‘‘(4) ARBITRATION.— ‘‘(E) $34,000,000 for fiscal year 2026.
of the value of the equipment or facilities for ‘‘(A) IN GENERAL.—If an agreement de- ‘‘(2) AVAILABILITY.—Amounts appropriated
which the direct loan or loan guarantee is scribed in subsection (a)(2) is not reached pursuant to this subsection shall remain
sought, and for making necessary determina- within 30 days after the date on which an ap- available until expended.
tions and findings; plication for the assistance is approved, ei- ‘‘(b) USE OF FUNDS.—
‘‘(B) to cost of award management and ther party to the dispute may submit the ‘‘(1) IN GENERAL.—Except as provided in
project management oversight; issue for final and binding arbitration. paragraph (2), amounts appropriated pursu-
‘‘(C) the cost of services from expert firms, ‘‘(B) DECISION.— ant to this section shall be used for loans
including counsel, and independent financial ‘‘(i) WHEN DECISION IS TO BE RENDERED.— and loan guarantees with a total value of not
advisors to assist in the underwriting, audit- The decision on any arbitration under this more than $200,000,000.
ing, servicing, and exercise of rights with re- paragraph shall be rendered within 30 days ‘‘(2) ADMINISTRATIVE COSTS.—In each fiscal
spect to direct loans and loan guarantees; after the submission. year, not less than $3,000,000 of the amounts
and ‘‘(ii) EFFECT.—The arbitration decision— appropriated pursuant to subsection (a) shall
‘‘(D) the cost of all other expenses incurred ‘‘(I) shall not modify the protection af- be made available for the Secretary for use
as a result of a breach of any term or condi- forded in the protective arrangements estab- in lieu of charges collected under section
tion or any event of default on a direct loan lished pursuant to this section; 22403(l)(1) for freight railroads other than
or loan guarantee. ‘‘(II) shall be final and binding on the par- Class I carriers and passenger railroads.
‘‘(2) CHARGE DIFFERENT AMOUNTS.—The Sec- ties to the arbitration; and ‘‘(3) SHORT LINE SET-ASIDE.—In each fiscal
retary may charge different amounts under ‘‘(III) shall become a part of the agree- year, not less than 50 percent of the amounts
this subsection based on the different costs ment. appropriated pursuant to subsection (a) that
incurred under paragraph (1). ‘‘(5) OTHER INCLUSIONS.—The arrangements remain available after the set aside de-
‘‘(3) SERVICER.— shall also include such provisions as may be scribed in paragraph (2) shall be set aside for
‘‘(A) IN GENERAL.—The Secretary may ap- necessary— freight railroads other than Class I carriers.
point a financial entity to assist the Sec- ‘‘(A) for the preservation of compensation ‘‘(4) PASSENGER RAIL SET-ASIDE.—Any
retary in servicing a direct loan or loan (including subsequent general wage in- amounts appropriated pursuant to sub-
guarantee under this chapter. creases, vacation allowances, and monthly section (a) that remain available after the
‘‘(B) DUTIES.—A servicer appointed under compensation guarantees), right, privileges, set-asides described in paragraphs (2) and (3)
subparagraph (A) shall act as the agent of and benefits (including fringe benefits such shall be set aside for passenger railroads.’’.
the Secretary in servicing a direct loan or as pensions, hospitalization, and vacations, (b) CLERICAL AMENDMENT.—The table of
loan guarantee under this chapter. under the same conditions and so long as the chapters for title 49, United States Code, is
‘‘(C) FEES.—A servicer appointed under benefits continue to be accorded to other amended by inserting after the item relating
subparagraph (A) shall receive a servicing employees of the employing railroad in ac- to chapter 223 the following:
fee from the obligor or other loan party, sub- tive service or on furlough, as the case may
‘‘CHAPTER 224—RAILROAD REHABILITATION
ject to approval by the Secretary. be) to the employees under existing collec-
AND IMPROVEMENT FINANCING PROGRAM’’.
‘‘(4) NATIONAL SURFACE TRANSPORTATION tive-bargaining agreements or otherwise;
‘‘(B) to provide for final and binding arbi- SEC. 3. CONFORMING AMENDMENTS.
AND INNOVATIVE FINANCE BUREAU ACCOUNT.—
tration of any dispute that cannot be settled (a) NATIONAL TRAILS SYSTEM ACT.—Section
Amounts collected under this subsection
by the parties with respect to the interpreta- 8(d) of the National Trails System Act (16
shall—
tion, application, or enforcement of the pro- U.S.C. 1247(d)) is amended by inserting ‘‘(45
‘‘(A) be credited directly to the National
visions of the protective arrangements; U.S.C. 801 et seq.) and chapter 224 of title 49,
Surface Transportation and Innovative Fi-
‘‘(C) to provide that an employee who is United States Code’’ after ‘‘1976’’.
nance Bureau Account; and (b) PASSENGER RAIL REFORM AND INVEST-
‘‘(B) remain available until expended to unable to secure employment by the exercise
of the employee’s seniority rights, as a re- MENT ACT.—Section 11315(c) of the Passenger
pay for the costs described in this sub- Rail Reform and Investment Act of 2015 (23
section. sult of actions taken with financial assist-
ance obtained under this chapter, shall be of- U.S.C. 322 note; Public Law 114–94) is amend-
‘‘(m) FEES AND CHARGES.—Except as pro-
fered reassignment and, where necessary, re- ed by striking ‘‘sections 502 and 503 of the
vided in this chapter, the Secretary may not
training to fill a position comparable to the Railroad Revitalization and Regulatory Re-
assess fees, including user fees, or charges in
position held at the time of the adverse ef- form Act of 1976’’ and inserting ‘‘sections
connection with a direct loan or loan guar-
fect and for which the employee is, or by 22402 and 22403 of title 49, United States
antee provided under section 22402.
training and retraining can become, phys- Code’’.
‘‘§ 22404. Employee protection (c) PROVISIONS CLASSIFIED IN TITLE 45,
ically and mentally qualified, so long as the
‘‘(a) IN GENERAL.— offer is not in contravention of collective UNITED STATES CODE.—
‘‘(1) FAIR AND EQUITABLE ARRANGEMENTS.— bargaining agreements relating to the provi- (1) Section 101 of the Railroad Revitaliza-
Fair and equitable arrangements shall be sions in this paragraph; and tion and Regulatory Reform Act of 1976 (45
provided, in accordance with this section, to ‘‘(D) to provide that the protection af- U.S.C. 801) is amended—
protect the interests of any employees who forded pursuant to this section shall not be (A) in subsection (a), in the matter pre-
may be affected by actions taken pursuant applicable to employees benefitted solely as ceding paragraph (1), by striking ‘‘It is the
to authorizations or approval obtained under a result of the work that is financed by funds purpose of the Congress in this Act to’’ and
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this chapter. provided pursuant to this chapter. inserting ‘‘The purpose of this Act and chap-
‘‘(2) ARRANGEMENTS BY AGREEMENTS.—The ‘‘(c) SUBCONTRACTING.—The arrangements ter 224 of subtitle V of title 49, United States
arrangements under paragraph (1) shall be that are required to be negotiated by the Code, is to’’; and
determined by the execution of an agree- parties or prescribed by the Secretary of (B) in subsection (b), in the matter pre-
ment between the representatives of the rail- Labor, pursuant to subsections (a) and (b), ceding paragraph (1), by striking ‘‘It is de-
roads and the representatives of their em- shall include provisions regulating subcon- clared to be the policy of the Congress in
ployees not later than June 4, 1976. tracting by the railroads of work that is fi- this Act’’ and inserting ‘‘The policy of this
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February 25, 2021 CONGRESSIONAL RECORD — SENATE S899
Act and chapter 224 of title 49, United States note) is amended by striking ‘‘title V of the Schedule of Laws Repealed
Code, is’’. Railroad Revitalization and Regulatory Re-
(2) Section 11607(b) of the Railroad Infra- form Act of 1976 (45 U.S.C. 821 et seq.)’’ and United States Code
structure Financing Improvement Act (Pub- inserting ‘‘chapter 224 of title 49, United Act Section Former Classifica-
lic Law 114–94; 45 U.S.C. 821 note) is amended States Code’’. tion
by striking ‘‘All provisions under sections (5) Section 22905(c)(2)(B) of title 49, United
502 through 504 of the Railroad Revitaliza- States Code, is amended by striking ‘‘section Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (45 tion and Regu-
504 of the Railroad Revitalization and Regu-
U.S.C. 8301 et seq.)’’ and inserting ‘‘All provi- latory Reform Act
latory Reform Act of 1976 (45 U.S.C. 836)’’ and
sions under section 22404 through 22404 of
inserting ‘‘section 22404 of this title’’. of 1976 (Public
title 49, United States Code,’’.
(3) Section 11610(b) of the Railroad Infra- (6) Section 24903 of title 49, United States Law 94–210) ...... 501 ........................ 45 U.S.C. 821.
structure Financing Improvement Act (Pub- Code, is amended— 502 ........................ 45 U.S.C. 822.
lic Law 114–94; 45 U.S.C. 821 note) is amended (A) in subsection (a)(6), by striking ‘‘and 503 ........................ 45 U.S.C. 823.
by striking ‘‘section 502(f) of the Railroad the Railroad Revitalization and Regulatory 504 ........................ 45 U.S.C. 836.
Revitalization and Regulatory Reform Act of Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and Safe, Accountable,
1976 (45 U.S.C. 822(f)), as amended by section inserting ‘‘, the Railroad Revitalization and Flexible, Efficient
11607 of this Act’’ and inserting ‘‘section Regulatory Reform Act of 1976 (45 U.S.C. 801 Transportation
22402(f) of title 49, United States Code’’. et seq.), and chapter 224 of this title’’; and Equity Act: A
(4) Section 7203(b)(2) of the Transportation (B) in subsection (c)(2), by striking ‘‘and
Equity Act for the 21st Century (Public Law Legacy for Users
the Railroad Revitalization and Regulatory
105–178; 45 U.S.C. 821 note) is amended by or SAFETEA–LU
Reform Act of 1976 (45 U.S.C. 801 et seq.)’’ and
striking ‘‘title V of the Railroad Revitaliza- inserting ‘‘, the Railroad Revitalization and (Public Law 109–
tion and Regulatory Reform Act of 1976 (45 Regulatory Reform Act of 1976 (45 U.S.C. 801 59) ...................... 9003(j) ................... 45 U.S.C. 822 note.
U.S.C. 821 et seq.)’’ and inserting ‘‘chapter
et seq.), and chapter 224 of this title’’.
224 of title 49, United States Code,’’.
(5) Section 212(d)(1) of Hamm Alert Mari- SEC. 4. TRANSITIONAL AND SAVINGS PROVI- By Mr. KAINE (for himself and
time Safety Act of 2018 (title II of Public SIONS. Mr. WARNER):
Law 115–265; 45 U.S.C. 822 note) is amended, S. 470. A bill to authorize the Sec-
(a) DEFINITIONS.—In this section:
in the matter preceding subparagraph (A), by
(1) RESTATED PROVISION.—The term ‘‘re-
retary of the Interior to conduct a
striking ‘‘for purposes of section 502(f)(4) of study to assess the suitability and fea-
the Railroad Revitalization and Regulatory stated provision’’ means a provision of chap-
ter 224 of title 49, United States Code, as sibility of designating certain land as
Reform Act of 1976 (45 U.S.C. 822(f)(4))’’ and the Great Dismal Swamp National Her-
inserting ‘‘for purposes of section 22402 of added by section 2.
title 49, United States Code’’. (2) SOURCE PROVISION.—The term ‘‘source itage Area, and for other purposes; to
(6) Section 15(f) of the Milwaukee Railroad provision’’ means a provision of law that is the Committee on Environment and
Restructuring Act (45 U.S.C. 914(f)) is amend- replaced by a restated provision. Public Works.
ed by striking ‘‘Section 516 of the Railroad (b) CUTOFF DATE.—
Mr. KAINE. Mr. President, today I
Revitalization and Regulatory Reform Act of (1) IN GENERAL.—The restated provisions am introducing a bill to assess the fea-
1976 (45 U.S.C. 836)’’ and inserting ‘‘Section sibility of establishing a National Her-
replace certain source provisions enacted on
22404 of title 49, United States Code,’’. itage Area in the Great Dismal Swamp,
or before December 31, 2020.
(7) Section 104(b) of the Rock Island Rail- as part of an effort to study, recognize,
road Transition and Employee Assistance (2) SUBSEQUENT AMENDMENTS AND RE-
PEALS.—If a law enacted after December 31, and preserve the historic and natural
Act (45 U.S.C. 1003(b)) is amended—
(A) in paragraph (1), by striking ‘‘title V of 2020 amends or repeals a source provision, treasures within this region.
the Railroad Revitalization and Regulatory that law is deemed to amend or repeal, as As we continue to celebrate Black
Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and the case may be, the corresponding restated History Month, this bill underscores
inserting ‘‘chapter 224 of title 49, United provision. If a law enacted after December the ties between the natural landmark
States Code,’’; and 31, 2020 is otherwise inconsistent with a re- and African American history. The
(B) in paragraph (2), by striking ‘‘title V of stated provision of this Act, that law super- Great Dismal Swamp contains one of
the Railroad Revitalization and Regulatory sedes the restated provision of this Act to the largest collections of artifacts from
Reform Act of 1976, and section 516 of such the extent of the inconsistency. maroon colonies, and it served as both
Act (45 U.S.C. 836)’’ and inserting ‘‘chapter
224 of title 49, United States Code, and sec- (c) ORIGINAL DATE OF ENACTMENT UN- a home for early colonial Free People
tion 22404 of title 49, United States Code,’’. CHANGED.—A restated provision is deemed to of Color as well as one of a few known
(8) Section 104(b)(2) of the Rock Island have been enacted on the date of enactment water-based stops for freedom seekers
Railroad Transition and Employee Assist- of the corresponding source provision. on the Underground Railroad. The
ance Act (45 U.S.C. 1003(b)(2)) is amended by (d) REFERENCES TO RESTATED PROVISIONS.— Great Dismal Swamp also encompasses
striking ‘‘title V of the Railroad Revitaliza- A reference to a restated provision is deemed historic and ancestral lands of Native
tion and Regulatory Reform Act of 1976, and American tribes such as the
to refer to the corresponding source provi-
section 516 of such Act (45 U.S.C. 836)’’ and Nansemond Indian Nation and the
inserting ‘‘chapter 224 of title 49, United sion.
Haliwa-Saponi and Meherrin Tribes.
States Code, and section 22404 of such title (e) REFERENCES TO SOURCE PROVISIONS.—A
Today, the Dismal Swamp offers
49,’’. reference to a source provision, including a
(d) TITLE 49.— unique educational opportunities, rec-
reference in a regulation, order, or other law,
(1) Section 116(d)(1)(B) of title 49, United reational adventures, and environ-
is deemed to refer to the corresponding re-
States Code, is amended by striking ‘‘sec- mental benefits. It is an important
stated provision.
tions 501 through 503 of the Railroad Revital- wildlife refuge for an impressive and
ization and Regulatory Reform Act of 1976 (f) REGULATIONS, ORDERS, AND OTHER AD- diverse list of animal, insect, and plant
(45 U.S.C. 821–823)’’ and inserting ‘‘sections MINISTRATIVE ACTIONS.—A regulation, order, species. If designated as a National
22401 through 22403 of this title’’. or other administrative action in effect Heritage Area, local communities will
(2) Section 306(b) of title 49, United States under a source provision continues in effect have access to technical assistance and
Code, is amended— under the corresponding restated provision.
(A) by striking ‘‘chapter 221 or 249 of this advice from the National Park Service
title,’’ and inserting ‘‘chapter 221, 224, or 249 (g) ACTIONS TAKEN AND OFFENSES COM- while maintaining full ownership, au-
of this title,’’; and MITTED.—An action taken or an offense com- thority over decision-making, and
(B) by striking ‘‘, or title V of the Railroad mitted under a source provision is deemed to stewardship of the biodiverse land.
Revitalization and Regulatory Reform Act of have been taken or committed under the cor- I am pleased to be joined by my col-
1976 (45 U.S.C. 821 et seq.)’’. responding restated provision. league Senator MARK WARNER on this
(3) Section 11311(d) of the Passenger Rail bill, and I am thankful to Congressman
SEC. 5. REPEALS.
Reform and Investment Act of 2015 (Public DONALD MCEACHIN’s leadership on this
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Law 114–94; 49 U.S.C. 20101 note) is amended The following provisions of law are re- effort in the House with Representa-
by striking ‘‘, and section 502 of the Railroad pealed, except with respect to rights and du- tives BOBBY SCOTT, G.K. BUTTERFIELD,
Revitalization and Regulatory Reform Act of ties that matured, penalties that were in-
1976 (45 U.S.C. 822)’’. and ELAINE LURIA. There is great po-
curred, or proceedings that were begun be- tential for community and economic
(4) Section 205(g) of the Passenger Rail In-
fore the date of enactment of this Act: development stemming from a Na-
vestment and Improvement Act of 2008 (divi-
sion B of Public Law 110–432; 49 U.S.C. 24101 tional Heritage Area designation. I
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S900 CONGRESSIONAL RECORD — SENATE February 25, 2021
look forward to such grassroots, com- submitted the following resolution; SENATE RESOLUTION 77—DESIG-
munity-driven development, and plan which was considered and agreed to: NATING THE WEEK OF FEB-
to personally contribute to the boosted RUARY 22 THROUGH FEBRUARY
S. RES. 76
tourism and recreation. As a student of 26, 2021, AS ‘‘PUBLIC SCHOOLS
history I am looking forward to learn- Whereas people in the United States de- WEEK’’
pend on civil servants to carry out the im-
ing more from the trove of culture and portant work of the Federal Government, in- Mr. TESTER (for himself, Ms. COL-
history the Dismal has to offer. cluding— LINS, Mr. KING, Ms. HASSAN, Mr. CAR-
I encourage the Senate to consider PER, Mr. WYDEN, Mr. MERKLEY, Mr.
(1) civilian defense employees who support
this legislation to help highlight, MARKEY, Mr. BENNET, Mr. COONS, Ms.
and equip the United States Armed Forces;
study, and conserve the unique ecology CANTWELL, Mr. SANDERS, Mr. REED, Mr.
and cultural history contained in the (2) doctors and nurses who care for vet-
BLUMENTHAL, Mr. KAINE, Mr. VAN HOL-
Great Dismal Swamp for generations erans returning home from war;
LEN, Ms. BALDWIN, Mr. BROWN, Mr.
to come. (3) cybersecurity professionals who protect WARNER, Mr. BOOKER, Mrs. MURRAY,
critical infrastructure and respond to emerg- Mr. CASEY, Mrs. FEINSTEIN, Mr. WHITE-
By Mr. DURBIN (for himself and ing threats;
HOUSE, Ms. ROSEN, Ms. HIRONO, Mr.
Mr. GRASSLEY): (4) scientists and researchers who respond MANCHIN, Ms. WARREN, Mrs. SHAHEEN,
S. 473. A bill to amend the CARES to pandemics and develop new cures for dis- Mr. MURPHY, Mr. CARDIN, Ms. KLO-
Act to extend the subset for the defini- eases; BUCHAR, Ms. DUCKWORTH, Ms. SINEMA,
tion of a small business debtor, and for (5) Federal law enforcement and intel- Ms. ERNST, Mrs. CAPITO, Mr. BOOZMAN,
other purposes; to the Committee on ligence officers who protect the United and Mr. DURBIN) submitted the fol-
the Judiciary. States from foreign and domestic threats to lowing resolution; which was consid-
Mr. DURBIN. Mr. President, I ask its physical security; ered and agreed to:
unanimous consent that the text of the (6) prosecutors and judges who uphold the S. RES. 77
bill be printed in the RECORD. laws; Whereas public education is a significant
There being no objection, the text of (7) prison guards who keep violent crimi- institution in a 21st-century democracy;
the bill was ordered to be printed in nals off the streets; Whereas public schools in the United
the RECORD, as follows: States are where students come to be edu-
(8) postal workers who keep communities cated about the values and beliefs that hold
S. 473
connected and the economy churning; the individuals of the United States together
Be it enacted by the Senate and House of Rep-
(9) benefit officers and administrators who as a nation;
resentatives of the United States of America in
deliver important Federal retirement and Whereas public schools prepare young indi-
Congress assembled,
health benefits; and viduals of the United States to contribute to
SECTION 1. SHORT TITLE.
the society, economy, and citizenry of the
This Act may be cited as the ‘‘COVID–19 (10) revenue agents who ensure the United
country;
Bankruptcy Relief Extension Act of 2021’’. States has the necessary funds to carry out
Whereas 90 percent of children in the
SEC. 2. EXTENSIONS. the work described in paragraphs (1) through United States attend public schools;
(a) IN GENERAL.—Section 1113 of the (9); Whereas Federal, State, and local law-
CARES Act (Public Law 116–136) is amend- Whereas the National Active and Retired makers should—
ed— Federal Employees Association (referred to (1) prioritize support for strengthening the
(1) in subsection (a)(5) (11 U.S.C. 1182 note), in this preamble as the ‘‘NARFE’’) was public schools of the United States;
by striking ‘‘1 year’’ and inserting ‘‘2 years’’; founded in 1921 as the Association of Retired (2) empower superintendents, principals,
and Federal Employees to defend and advance and other school leaders to implement, man-
(2) in subsection (b)(2)(B) (11 U.S.C. 101 the retirement benefits of civil servants who age, and lead school districts and schools in
note), by striking ‘‘1 year’’ and inserting ‘‘2 serve the United States in honor of their partnership with educators, parents, and
years’’. service; other local education stakeholders; and
(b) MODIFICATION OF PLAN AFTER CON- Whereas NARFE serves a critical function (3) support services and programs that are
FIRMATION.— in promoting the general welfare of the civil critical to helping students engage in learn-
(1) Section 1329(d)(1) of title 11, United servants who serve the United States by de- ing, including counseling, extracurricular
States Code, is amended, in the matter pre- livering valuable guidance, timely resources, activities, and mental health supports;
ceding subparagraph (A), by striking ‘‘this and powerful advocacy relating to the earned Whereas public schools should foster inclu-
subsection’’ and inserting ‘‘the COVID–19 pay and benefits of the civil servants; sive, safe, and high-quality environments in
Bankruptcy Relief Extension Act of 2021’’. Whereas NARFE is a trusted source of which children can learn to think critically,
(2) Section 1113(b)(1)(D)(ii) of the CARES knowledge for the Federal community, Con- problem solve, and build relationships;
Act (11 U.S.C. 1329 note) is amended by strik- gress, the executive branch, and the media; Whereas public schools should provide en-
ing ‘‘this Act’’ and inserting ‘‘the COVID–19 Whereas NARFE, a leading voice in Wash- vironments in which all students have the
Bankruptcy Relief Extension Act of 2021’’. ington and across the country, advocates opportunity to succeed beginning in their
(c) BANKRUPTCY RELIEF.—Section 1001 of tirelessly on behalf of the Federal commu- earliest years, regardless of who a student is
division FF of the Consolidated Appropria- nity with the support of grassroots activists or where a student lives;
tions Act, 2021 (Public Law 116–260) is amend- in every State and congressional district; Whereas Congress should support—
Whereas NARFE provides both Federal (1) efforts to advance equal opportunity
ed by striking ‘‘the date that is 1 year after
workers and retirees with clear, reliable, and and excellence in public education;
the date of enactment of this Act’’ each
accessible counsel to navigate the unique (2) efforts to implement evidence-based
place the term appears and inserting ‘‘March practices in public education; and
27, 2022’’. and complex issues relating to their benefits
so they can make critical decisions and gain (3) continuous improvements to public edu-
f confidence in a secure future; and cation;
Whereas NARFE represents more than Whereas every child should—
SUBMITTED RESOLUTIONS (1) receive an education that helps the
170,000 Federal employees, retirees, and their
child reach the full potential of the child;
survivors: Now, therefore, be it
and
SENATE RESOLUTION 76—CON- Resolved, That the Senate— (2) attend a school that offers a high-qual-
GRATULATING THE NATIONAL (1) congratulates and honors the National ity educational experience;
ACTIVE AND RETIRED FEDERAL Active and Retired Federal Employees Asso- Whereas Federal funding, in addition to
EMPLOYEES ASSOCIATION ON ciation (referred to in this resolution as the State and local funds, supports the access of
‘‘NARFE’’) on the celebration of its 100th an- students to inviting classrooms, well-pre-
THE CELEBRATION OF ITS 100TH
niversary; pared educators, and services to support
ANNIVERSARY ON FEBRUARY 19, (2) commends the civil servants who serve healthy students, including nutrition and
2021, AND RECOGNIZING THE the United States for their outstanding con- afterschool programs;
VITAL CONTRIBUTIONS ITS MEM- tributions to the United States; Whereas teachers, paraprofessionals, and
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BERS HAVE MADE TO THE (3) recognizes the vital contributions principals should provide students with a
UNITED STATES OVER THE PAST NARFE members have made to the United well-rounded education and strive to create
100 YEARS States over the past 100 years; and joy in learning;
(4) respectfully requests that the Secretary Whereas superintendents, principals, other
Mr. CARDIN (for himself, Mr. of the Senate transmit an enrolled copy of school leaders, teachers, paraprofessionals,
LANKFORD, Mr. VAN HOLLEN, Ms. MUR- this resolution to the National President and and parents make public schools vital com-
KOWSKI, Mr. KAINE, and Mr. WARNER) Executive Director of the NARFE. ponents of communities and are working
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