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Home Source documents Congressional Record, Senate, March 25, 2021, Page S1828 — Computer and Internet Access Equity Act

Congressional Record, Senate, March 25, 2021, Page S1828 — Computer and Internet Access Equity Act

Summary

A page of the Congressional Record, Senate, dated March 25, 2021, at page S1828. It opens with the end of the text of a bill on trade with Africa, with provisions on Export-Import Bank lending, reports to congressional committees and training for commercial service officers. Mr. Durbin and Mr. Booker introduce S. 1023, a bill to provide tax credits to low- to moderate-income individuals for certain computer and education costs and to increase support for the Lifeline program. Mr. Durbin asks that the text of the bill be printed in the Record, and the text is printed, with the short title Computer and Internet Access Equity Act.

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“Congressional Record, Senate, March 25, 2021, Page S1828 — Computer and Internet Access Equity Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-25-crec-2021-03-25-pt1-pgs1828-3ff172871e/, SHA-256 a32a55f10d41327658903a855b777626038edab3afb3b8d1e4304d51be5bdb53.

Full text

                                             S1828                                             CONGRESSIONAL RECORD — SENATE                                                          March 25, 2021
                                             Corporation shall use sufficient funds to in-           section (d) a report if the Bank has not used          scribed in subsection (a) exists between the
                                             crease by not more than 2 the staff needed to           at least 10 percent of its lending capabilities        United States and an African country, the
                                             promote stable and sustainable economic                 for projects in Africa as described in para-           President shall ensure that the agreement is
                                             growth and development in Africa, to                    graph (5) of section 6(a) of the Export-Import         being implemented in a manner that maxi-
                                             strengthen and expand the private sector in             Bank of 1945, as added by paragraph (2), dur-          mizes the positive effects for United States
                                             Africa, and to facilitate the general eco-              ing the preceding year.                                trade, export, and labor interests as well as
                                             nomic development of Africa, with a par-                  (B) ELEMENTS.—Each report required by                the economic development of the countries
                                             ticular focus on helping United States busi-            subparagraph (A) shall include a description           in Africa.
                                             nesses expand into African markets.                     of—                                                      (c) CONSIDERATION OF OBJECTIVES.—United
                                               (2) REPORT.—The Corporation shall report                (i) the reasons why the Bank failed to               States negotiators in multilateral fora
                                             to the appropriate congressional committees             reach the goal described in that subpara-              should take into account the objectives of
                                             on whether recent technology upgrades have              graph; and                                             this Act.
                                             resulted in more effective and efficient proc-            (ii) all final applications for projects in Af-                          ---
                                             essing and tracking of applications for fi-             rica that the Bank did not support.                          By Mr. DURBIN (for himself and
                                             nancing received by the Corporation.                      (b) AVAILABILITY OF PORTION OF CAPITAL-                       Mr. BOOKER):
                                               (3) CERTAIN COSTS NOT CONSIDERED ADMINIS-             IZATION     TO   COMPETE AGAINST FOREIGN                 S. 1023. A bill to provide tax credits
                                             TRATIVE EXPENSES.—For purposes of this sub-             CONCESSIONAL LOANS.—                                   to low- to moderate-income individuals
                                             section, systems infrastructure costs associ-             (1) IN GENERAL.—The Bank shall make
                                                                                                                                                            for certain computer and education
                                             ated with activities authorized by the Better           available annually such amounts as are nec-
                                                                                                     essary for loans that counter trade-dis-               costs, to direct the Federal Commu-
                                             Utilization of Investments Leading to Devel-
                                             opment Act of 2018 (22 U.S.C. 9601 et seq.)             torting financing that is not compliant with           nications Commission to modify the
                                             shall not be considered administrative ex-              the Arrangement of the Organisation for                requirements for the Lifeline program
                                             penses.                                                 Economic Co-operation and Development or               to provide increased support, and for
                                               (d) RULE OF CONSTRUCTION.—Nothing in                  preferential, tied aid, or other related non-          other purposes; to the Committee on
                                             this section shall be construed as permitting           market loans offered by other countries with           Finance.
                                             the reduction of personnel of the Department            which United States businesses are also com-             Mr. DURBIN. Mr. President, I ask
                                             of Commerce, the Department of State, the               peting or interested in competing.                     unanimous consent that the text of the
                                             Export-Import Bank of the United States, or               (2) REPORT REQUIRED.—
                                                                                                                                                            bill be printed in the RECORD.
                                             the United States International Develop-                  (A) IN GENERAL.—Not later than 1 year
                                                                                                     after the date of the enactment of this Act,
                                                                                                                                                              There being no objection, the text of
                                             ment Finance Corporation or the alteration
                                             of planned personnel increases in other re-             and annually thereafter for 5 years, the Ex-           the bill was ordered to be printed in
                                             gions, except where a personnel decrease was            port-Import Bank shall submit to the com-              the RECORD, as follows:
                                             previously anticipated or where decreased               mittees specified in subsection (d) a report                                S. 1023
                                             export opportunities justify personnel reduc-           on all loans made or rejected by the Bank                Be it enacted by the Senate and House of Rep-
                                             tions.                                                  during the preceding year that were consid-            resentatives of the United States of America in
                                             SEC. 8. TRAINING.                                       ered to counter trade-distorting financing             Congress assembled,
                                               The President shall develop a plan—                   that is not compliant with the Arrangement             SECTION 1. SHORT TITLE.
                                               (1) to standardize the training received by           of the Organisation for Economic Co-oper-                This Act may be cited as the ‘‘Computer
                                             United States and Foreign Commercial Serv-              ation and Development and was offered by               and Internet Access Equity Act’’.
                                             ice officers, economic officers of the Depart-          other countries to its firms.                          SEC. 2. INCREASED LIFELINE SUPPORT.
                                             ment of State, and economic officers of the               (B) INCLUSION.—Each report required by                 (a) DEFINITIONS.—In this section:
                                             United States Agency for International De-              subparagraph (A) shall include a description
                                                                                                                                                              (1) COMMISSION.—The term ‘‘Commission’’
                                             velopment with respect to the programs and              of the terms of the financing described in             means the Federal Communications Com-
                                             procedures of the Export-Import Bank of the             that subparagraph offered by other countries           mission.
                                             United States, the United States Inter-                 to firms that competed against the United                (2) TERMS DEFINED IN REGULATIONS.—The
                                             national Development Finance Corporation,               States firms.                                          terms defined in section 54.400 of title 47,
                                             the Small Business Administration, and the                (c) TRADE SECRETS ACT.—A report required
                                                                                                                                                            Code of Federal Regulations (or any suc-
                                             United States Trade and Development Agen-               by subsection (a)(3) or subsection (b)(2) may
                                                                                                                                                            cessor regulation), have the meanings given
                                             cy; and                                                 not disclose any information that is con-
                                                                                                     fidential or business proprietary, or that             those terms in that section.
                                               (2) to ensure that, not later than 1 year                                                                      (b) REGULATIONS.—Not later than 14 days
                                             after the date of the enactment of this Act—            would violate section 1905 of title 18, United
                                                                                                                                                            after the date of enactment of this Act, the
                                               (A) all United States and Foreign Commer-             States Code (commonly referred to as the
                                                                                                                                                            Commission shall promulgate regulations to
                                             cial Service officers that are stationed over-          ‘‘Trade Secrets Act’’).
                                                                                                       (d) COMMITTEES SPECIFIED.—The commit-                modify the requirements for the Lifeline pro-
                                             seas receive the training described in para-                                                                   gram set forth in subpart E of part 54 of title
                                                                                                     tees specified in this subsection are—
                                             graph (1); and                                                                                                 47, Code of Federal Regulations (as in effect
                                                                                                       (1) the Committee on Banking, Housing,
                                               (B) in the case of a country to which no                                                                     on the date of enactment of this Act) to pro-
                                                                                                     and Urban Affairs, the Committee on For-
                                             United States and Foreign Commercial Serv-                                                                     vide for the following:
                                                                                                     eign Relations, and the Committee on Appro-
                                             ice officer is assigned, any economic officer                                                                    (1) The amount of Lifeline support that a
                                                                                                     priations of the Senate; and
                                             of the Department of State stationed in that                                                                   provider of Lifeline service may receive for
                                                                                                       (2) the Committee on Financial Services,
                                             country receives that training.                                                                                providing such service to each qualifying
                                                                                                     the Committee on Foreign Affairs, and the
                                             SEC. 9. EXPORT-IMPORT BANK FINANCING.                                                                          low-income consumer shall be increased by
                                                                                                     Committee on Appropriations of the House
                                               (a) FINANCING FOR PROJECTS IN AFRICA.—                of Representatives.                                    the lesser of—
                                               (1) SENSE OF CONGRESS.—It is the sense of             SEC. 10. SMALL BUSINESS ADMINISTRATION.                  (A) $83.33 per month; or
                                             Congress that foreign export credit agencies              Section 22(b) of the Small Business Act (15            (B) the amount needed to make the
                                             are providing financing in Africa that is not           U.S.C. 649(b)) is amended—                             amount of Lifeline support received by the
                                             compliant with the Arrangement of the                     (1) in the matter preceding paragraph (1),           provider equal to the cost of providing such
                                             Organisation for Economic Co-operation and              by striking ‘‘Director of the United States            service, except that such cost may not ex-
                                             Development, which is trade distorting and              Trade and Development Agency,’’ and insert-            ceed the cost to the provider of providing an
                                             threatens United States jobs.                           ing ‘‘the Director of the United States Trade          equivalent level of voice telephony service or
                                               (2) IN GENERAL.—Section 6(a) of the Export-           and Development Agency, the Trade Pro-                 broadband internet access service (as appli-
                                             Import Bank Act of 1945 (12 U.S.C. 635e(a)) is          motion Coordinating Committee,’’; and                  cable) to a consumer who does not receive
                                             amended by adding at the end the following:               (2) in paragraph (3), by inserting ‘‘regional        Lifeline service.
                                               ‘‘(5) PERCENT OF FINANCING TO BE USED FOR             offices of the Export-Import Bank of the                 (2) The percentage of the Federal Poverty
                                             PROJECTS IN AFRICA.—The Bank shall, to the                                                                     Guidelines (as specified in section 54.409(a)(1)
                                                                                                     United States,’’ after ‘‘Retired Executives,’’.
                                             extent that there are acceptable final appli-           SEC. 11. BILATERAL, SUBREGIONAL, AND RE-
                                                                                                                                                            of title 47, Code of Federal Regulations) at or
                                             cations, increase the amount it finances to                        GIONAL,   AND    MULTILATERAL               below which a consumer’s household income
                                             Africa over the prior year’s financing for                         AGREEMENTS.                                 must be in order for the consumer to con-
                                             each of the first 5 fiscal years beginning                (a) IN GENERAL.—Where applicable, the                stitute a qualifying low-income consumer on
                                             after the date of the enactment of the In-              President shall explore opportunities to ne-           the basis of income shall be increased to 435
                                             creasing American Jobs Through Greater Ex-              gotiate bilateral, subregional, and regional           percent.




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                                             ports to Africa Act of 2021.’’.                         agreements that encourage trade and elimi-               (3) A provider of broadband internet access
                                               (3) REPORT REQUIRED.—                                 nate nontariff barriers to trade between               service shall not be required to be designated
                                               (A) IN GENERAL.—Not later than 1 year                 countries, such as negotiating investor-               as an eligible telecommunications carrier
                                             after the date of the enactment of this Act,            friendly double-taxation treaties and invest-          under section 214(e) of the Communications
                                             and annually thereafter for 5 years, the Ex-            ment promotion agreements.                             Act of 1934 (47 U.S.C. 214(e)) in order to re-
                                             port-Import Bank of the United States shall               (b) AGREEMENTS WITH AFRICAN COUN-                    ceive Lifeline support for providing such
                                             submit to the committees specified in sub-              TRIES.—To the extent any agreement de-                 service to a qualifying low-income consumer.




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                                             March 25, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S1829
                                               (c) DURATION.—The modifications made by                 (9) NOT-FOR-PROFIT SOCIAL WELFARE ORGA-              the $2,000 amount (or, in the case of a joint
                                             the regulations promulgated under sub-                  NIZATION.—The term ‘‘not-for-profit social             return, $4,000 amount) in subsection (a)(2)
                                             section (b) shall cease to have any force or            welfare organization’’ means an organization           shall be reduced by an amount equal to 5 per-
                                             effect on the date that is 12 years after the           described in section 501(c)(4) of the Internal         cent of so much of the taxpayer’s adjusted
                                             date on which the regulations are promul-               Revenue Code of 1986 and exempt from tax               gross income for such taxable year as ex-
                                             gated.                                                  under section 501(a) of such Code.                     ceeds—
                                               (d) CONSUMER PROTECTIONS.—                              (b) GRANTS AUTHORIZED.—Not later than                  ‘‘(1) $72,000 in the case of a joint return,
                                               (1) IN GENERAL.—A provider of broadband               100 days after the date of enactment of this             ‘‘(2) $54,000 in the case of a head of house-
                                             internet access service that receives Lifeline          Act, the Commission shall establish a pro-             hold, and
                                             support for providing such service to a quali-          gram to make grants on a competitive basis               ‘‘(3) $36,000 in the case of a taxpayer not de-
                                             fied low-income consumer—                               to eligible entities to develop and carry out          scribed in paragraph (1) or (2).
                                               (A) shall provide such service to the con-            an internet safety education or training pro-            ‘‘(d) ELIGIBLE INDIVIDUAL.—The term ‘eligi-
                                             sumer at a minimum speed of 25 megabits                 gram.                                                  ble individual’ means any individual other
                                             per second for downloads and 3 megabits per               (c) APPLICATIONS.—An eligible entity that            than—
                                             second for uploads, which minimum speed                 wishes to receive a grant under this section             ‘‘(1) any nonresident alien individual,
                                             shall be reevaluated and, if appropriate, in-           shall submit to the Commission an applica-               ‘‘(2) any individual with respect to whom a
                                             creased by the Commission not less fre-                 tion at such time, in such manner, and con-            deduction under section 151 is allowable to
                                             quently than once every 3 years;                        taining such information as the Commission             another taxpayer for a taxable year begin-
                                               (B) shall provide a level of customer serv-           may require.                                           ning in the calendar year in which the indi-
                                             ice to the consumer that is comparable to                 (d) USE OF FUNDS.—An eligible entity that            vidual’s taxable year begins, and
                                             the customer service that the provider pro-             receives a grant under this section shall use            ‘‘(3) an estate or trust.
                                             vides to consumers of broadband internet ac-            grant funds to—                                          ‘‘(e) APPLICATION OF SECTION.—This section
                                             cess service who do not receive Lifeline serv-            (1) develop a program to provide internet            shall only apply to qualified computer costs
                                             ice;                                                    education and training, which may address              incurred by the taxpayer after December 31,
                                               (C) shall offer such service to each quali-           cyberbullying, online privacy, cybersecurity,          2020, and before January 1, 2033.’’.
                                             fied low-income consumer in the designated              and digital literacy, to individuals living in           (b) ADVANCE PAYMENT OF CREDIT.—
                                             service area of the provider; and                       households with an income at or below 435                (1) IN GENERAL.—Chapter 77 of the Internal
                                               (D)(i) shall advertise the availability of            percent of the Federal Poverty Guidelines              Revenue Code of 1986, as amended by section
                                             such service and the charges therefore using            for households of the applicable size; and             9611(b) of the American Rescue Plan Act of
                                             media of general distribution throughout the              (2) provide such education or training to            2021 (Public Law 117-2), is amended by insert-
                                             designated service area of the provider to in-                                                                 ing after section 7527A the following new sec-
                                                                                                     such individuals through such program.
                                             crease awareness among consumers (includ-                 (e) REPORTS.—                                        tion:
                                             ing non-English speaking consumers) that                                                                       ‘‘SEC. 7527B. ADVANCE PAYMENT OF CREDIT FOR
                                                                                                       (1) REPORTS TO COMMISSION.—Not later
                                             they may be eligible for such service; and                                                                                   COMPUTER COSTS.
                                                                                                     than 3 years after the date on which an eligi-
                                               (ii) may partner with State agencies re-                                                                        ‘‘(a) IN GENERAL.—As soon as practicable
                                                                                                     ble entity receives a grant under this sec-
                                             sponsible for the provision of social assist-                                                                  after the date of the enactment of this sec-
                                                                                                     tion, the eligible entity shall publish and
                                             ance and service programs in conducting ad-                                                                    tion, the Secretary shall establish a program
                                                                                                     submit to the Commission a report that—
                                             vertising under clause (i).                                                                                    for making advance payments of the credit
                                                                                                       (A) describes the use of the grant by the el-
                                               (2) DESIGNATED SERVICE AREA.—A State                                                                         allowed under section 36C (determined with-
                                                                                                     igible entity, including the number of indi-
                                             commission or the Commission, as applica-                                                                      out regard to subsection (e) of such section),
                                                                                                     viduals served by the eligible entity using
                                             ble, shall establish a designated service area                                                                 on such basis as the Secretary determines to
                                             for a provider of broadband internet access             grant funds;
                                                                                                                                                            be administratively feasible, to taxpayers
                                             service described in paragraph (1) for pur-               (B) describes the progress of the eligible
                                                                                                                                                            determined to be eligible for advance pay-
                                             poses of that paragraph in the same manner              entity toward fulfilling the objectives for
                                                                                                                                                            ment of such credit.
                                             as the State commission or Commission es-               which the grant was awarded; and
                                                                                                                                                              ‘‘(b) LIMITATION.—
                                             tablishes a designated service area for a                 (C) includes any additional information re-
                                                                                                                                                              ‘‘(1) IN GENERAL.—The Secretary may make
                                             common carrier under paragraph (5) or (6), as           quired by the Commission.
                                                                                                                                                            payments under subsection (a) only to the
                                             applicable, of section 214(e) of the Commu-               (2) REPORT TO CONGRESS.—Not later than 5
                                                                                                                                                            extent that the total amount of such pay-
                                             nications Act of 1934 (47 U.S.C. 214(e)).               years after the date of enactment of this
                                                                                                                                                            ments made to any taxpayer during the tax-
                                                                                                     Act, the Commission shall publish and sub-
                                             SEC. 3. INTERNET EDUCATION AND TRAINING                                                                        able year does not exceed the amount of the
                                                        GRANT PROGRAM.                               mit to Congress a report that—
                                                                                                                                                            credit determined under subsection (a) of
                                               (a) DEFINITIONS.—In this section:                       (A) summarizes the data from the reports
                                                                                                                                                            section 36C, as determined based on applica-
                                               (1) COMMISSION.—The term ‘‘Commission’’               that the Commission has received under
                                                                                                                                                            tion of subsection (c) of such section using
                                             means the Federal Communications Com-                   paragraph (1); and
                                                                                                                                                            the adjusted gross income of the taxpayer for
                                             mission.                                                  (B) assesses the effectiveness and cost-ef-
                                                                                                                                                            the most recent taxable year for which a re-
                                                (2) COMMUNITY-BASED ORGANIZATION.—The                fectiveness of the grant program established
                                                                                                                                                            turn has been filed during any of the pre-
                                             term ‘‘community-based organization’’ has               under this section.
                                                                                                                                                            ceding 3 taxable years.
                                             the meaning given the term in section 3 of                (f) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                                                                              ‘‘(2) NON-FILERS.—In the case of any tax-
                                             the Workforce Innovation and Opportunity                There are authorized to be appropriated such
                                                                                                                                                            payer who has not filed a return during the
                                             Act (29 U.S.C. 3102).                                   sums as may be necessary to carry out this
                                                                                                                                                            period described in paragraph (1), such para-
                                                (3) DIGITAL LITERACY.—The term ‘‘digital             section.
                                                                                                                                                            graph shall be applied without regard to sub-
                                             literacy’’ means the skills associated with             SEC. 4. CREDIT FOR COMPUTER COSTS.
                                                                                                                                                            section (c) of section 36C.’’.
                                             using technology.                                         (a) IN GENERAL.—Subpart C of part IV of                (2) RECONCILIATION OF CREDIT AND ADVANCE
                                                (4) ELIGIBLE ENTITY.—The term ‘‘eligible             subchapter A of chapter 1 of the Internal              CREDIT.—Section 36C of such Code, as added
                                             entity’’ means—                                         Revenue Code of 1986 is amended by inserting           by subsection (a), is amended—
                                                (A) a nonprofit organization;                        after section 36B the following new section:             (A) by redesignating subsection (e) as sub-
                                                (B) a not-for-profit social welfare organiza-        ‘‘SEC. 36C. CREDIT FOR COMPUTER COSTS.                 section (f); and
                                             tion; or                                                   ‘‘(a) IN GENERAL.—In the case of an eligible          (B) by inserting after subsection (d) the
                                                (C) a community-based organization.                  individual, there shall be allowed as a credit         following new subsection:
                                                (5) FEDERAL POVERTY GUIDELINES.—The                  against the tax imposed by this subtitle for             ‘‘(e) RECONCILIATION OF CREDIT AND AD-
                                             term ‘‘Federal Poverty Guidelines’’ means               the taxable year an amount equal the lesser            VANCE CREDIT.—
                                             the Federal Poverty Guidelines used for pur-            of—                                                      ‘‘(1) IN GENERAL.—The amount of the credit
                                             poses of section 54.409(a)(1) of title 47, Code of        ‘‘(1) the amount of qualified computer               allowed under this section for any taxable
                                             Federal Regulations (or any successor regu-             costs paid or incurred by the taxpayer during          year shall be reduced (but not below zero) by
                                             lation).                                                such taxable year,                                     the aggregate amount of any advance pay-
                                                (6) HOUSEHOLD.—The term ‘‘household’’ has              ‘‘(2) $2,000 ($4,000 in the case of a joint re-      ments of such credit under section 7527B for
                                             the meaning given the term in section 54.400            turn), or                                              such taxable year.
                                             of title 47, Code of Federal Regulations (or              ‘‘(3) an amount equal to $10,000 ($20,000 in           ‘‘(2) EXCESS ADVANCE PAYMENTS.—
                                             any successor regulation).                              the case of a joint return) minus the sum of             ‘‘(A) IN GENERAL.—If the aggregate amount
                                                (7) INCOME.—The term ‘‘income’’ has the              any credits allowed to the taxpayer under              of advance payments under section 7527B for
                                             meaning given the term in section 54.400 of             this section for any preceding taxable year.           the taxable year exceeds the amount of the




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                                             title 47, Code of Federal Regulations (or any             ‘‘(b) QUALIFIED COMPUTER COSTS.—For pur-             credit allowed under this section for such
                                             successor regulation).                                  poses of this section, the term ‘qualified             taxable year (determined without regard to
                                                (8) NONPROFIT ORGANIZATION.—The term                 computer costs’ means amounts paid or in-              paragraph (1)), the tax imposed by this chap-
                                             ‘‘nonprofit organization’’ means an organiza-           curred for computers, printers, and other              ter for such taxable year shall be increased
                                             tion described in section 501(c)(3) of the In-          education-related technology.                          by the amount of such excess.
                                             ternal Revenue Code of 1986 and exempt from               ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS               ‘‘(B) RETURN REQUIREMENT.—If the tax im-
                                             tax under section 501(a) of such Code.                  INCOME.—With respect to any taxable year,              posed by this chapter for the taxable year is




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                                             S1830                                             CONGRESSIONAL RECORD — SENATE                                                          March 25, 2021
                                             increased under this paragraph, the taxpayer            section 384A of the Consolidated Farm and              business investment company under para-
                                             shall, notwithstanding section 6012, be re-             Rural Development Act (7 U.S.C. 2009cc);               graph (1)—
                                             quired to file a return with respect to the               (5) the term ‘‘Secretary’’ means the Sec-              ‘‘(A) the amount of the leverage made
                                             taxes imposed under this subtitle.’’.                   retary of Agriculture; and                             available shall be subject to the limitations
                                                (c) CONFORMING AMENDMENTS.—                            (6) the term ‘‘working group’’ means the             under section 303(b)(2);
                                                (1) Section 6211(b)(4)(A) of the Internal            interagency working group established under              ‘‘(B) for the purposes of subparagraph (A),
                                             Revenue Code of 1986 is amended—                        section 4(a).                                          any leverage granted by the Secretary to the
                                                (A) by inserting ‘‘36C,’’ after ‘‘36B,’’, and        SEC. 3. RURAL BUSINESS INVESTMENT.                     rural business investment company under
                                                (B) by striking ‘‘and 7527A’’ and inserting            (a) IN GENERAL.—The Small Business In-               the program carried out under subtitle H of
                                             ‘‘7527A, and 7527B’’.                                   vestment Act of 1958 (15 U.S.C. 661 et seq.) is        the Consolidated Farm and Rural Develop-
                                                (2) Paragraph (2) of section 1324(b) of title        amended—                                               ment Act (7 U.S.C. 2009cc et seq.) shall be in-
                                             31, United States Code, is amended—                       (1) in part A of title III (15 U.S.C. 681 et         cluded when determining the maximum
                                                (A) by inserting ‘‘36C,’’ after ‘‘36B,’’, and        seq.)—                                                 amount of outstanding leverage that may be
                                                (B) by striking ‘‘or 7527A’’ and inserting             (A) in section 303(b)(2) (15 U.S.C. 683(b)(2)),      made available to the rural business invest-
                                             ‘‘7527A, or 7527B’’.                                    by adding at the end the following:                    ment company under this section; and
                                                (3) The table of sections for subpart C of             ‘‘(E) INVESTMENTS IN RURAL AREAS.—                     ‘‘(C) the Administration, in consultation
                                             part IV of subchapter A of chapter 1 of the               ‘‘(i) DEFINITION.—In this subparagraph, the          with the Secretary, shall—
                                             Internal Revenue Code of 1986 is amended by             term ‘rural area’ has the meaning given the              ‘‘(i) impose such terms and conditions with
                                             inserting after the item relating to section            term in section 343(a) of the Consolidated             respect to the leverage that the Administra-
                                             36B the following new item:                             Farm and Rural Development Act (7 U.S.C.               tion and the Secretary determine to be ap-
                                             ‘‘Sec. 36C. Credit for Computer Costs.’’.               1991(a)).                                              propriate; and
                                                (4) The table of sections for chapter 77 of            ‘‘(ii) ADDITIONAL LEVERAGE.—                           ‘‘(ii) in developing the terms and condi-
                                             such Code is amended by inserting after the               ‘‘(I) IN GENERAL.—In calculating the out-            tions described in clause (i)—
                                             item relating to section 7527A the following            standing leverage of a company for the pur-              ‘‘(I) ensure, to the maximum extent prac-
                                             new item:                                               poses of subparagraph (A), the Administrator           ticable, that those terms and conditions are
                                                                                                     shall not include the amount of the cost               not—
                                             ‘‘Sec. 7527B. Advance payment of credit for
                                                                                                     basis of any equity investment made by the               ‘‘(aa) duplicative of other requirements ap-
                                                            computer costs.’’.
                                                                                                     company in a smaller enterprise located in a           plicable to rural business investment compa-
                                                (d) PUBLIC AWARENESS CAMPAIGN.—The                                                                          nies; or
                                             Secretary of the Treasury (or the Secretary’s           rural area if the Administrator, after per-
                                                                                                     forming an appropriate evaluation, deter-                ‘‘(bb) otherwise unnecessary; and
                                             delegate) shall conduct a public awareness                                                                       ‘‘(II) take into consideration how rural
                                             campaign, in coordination with the Commis-              mines that such an exclusion will not result
                                                                                                     in additional risk to the Administration or            business investment companies that have
                                             sioner of Social Security, the Secretary of                                                                    been issued a license by the Secretary under
                                             Veterans Affairs, and the heads of other rel-           the Federal Government.
                                                                                                       ‘‘(II) LIMITATION.—The amount excluded               section 384D(e) of the Consolidated Farm and
                                             evant Federal and State agencies, to provide                                                                   Rural Development Act (7 U.S.C. 2009cc–3(e))
                                             information to the public (including non-               under subclause (I) for a company shall not
                                                                                                     exceed $25,000,000 in any fiscal year.’’;              before the date of enactment of this section
                                             English speaking populations) regarding the                                                                    could qualify to receive that leverage.
                                             availability of the credit allowed under sec-             (B) in section 308(g)(3) (15 U.S.C. 687(g)(3))—
                                                                                                       (i) in subparagraph (D), by striking ‘‘and’’           ‘‘(c) INTERNAL EVALUATION.—Not later than
                                             tion 36C of the Internal Revenue Code of 1986                                                                  June 1 of each year, the Administration shall
                                             and advance payment of such credit pursu-               at the end;
                                                                                                       (ii) in subparagraph (E), by striking the pe-        perform an evaluation to determine whether
                                             ant to section 7527B of such Code (as added                                                                    the Administration will be unable to expend
                                             by this section).                                       riod at the end and inserting ‘‘; and’’; and
                                                                                                       (iii) by adding at the end the following:            all of the covered amounts for the fiscal year
                                                (e) EFFECTIVE DATE.—The amendments
                                                                                                       ‘‘(F) the total number of rural business in-         in which the evaluation is made.’’; and
                                             made by this section shall apply to costs in-
                                                                                                     vestment companies, as defined in section                (2) in section 503(g) (15 U.S.C. 697(g)), by in-
                                             curred in taxable years beginning after De-
                                                                                                     321(a), that received leverage from the Ad-            serting ‘‘, and with respect to leverage grant-
                                             cember 31, 2020.
                                                                                                     ministration under section 321 in the pre-             ed under section 321,’’ after ‘‘retained by the
                                                                    ---                                                                                     Administration under this section’’.
                                                   By Mr. THUNE (for himself, Mrs.                   vious year, including the amount of that le-
                                                                                                     verage that each such rural business invest-             (b) SBA REQUIREMENTS.—
                                                      SHAHEEN, and Mrs. FISCHER):                                                                             (1) ESTABLISHMENT OF APPLICATION PROC-
                                               S. 1058. A bill to amend the Small                    ment company received.’’;
                                                                                                       (C) in section 310(d)(1)(A) (15 U.S.C.               ESS.—Not later than 180 days after the date
                                             Business Investment Act of 1958 to pro-                 687b(d)(1)(A)), by inserting ‘‘(including each         of enactment of this Act, the Administrator,
                                             vide opportunities to rural business in-                rural business investment company that re-             in consultation with the Secretary, shall es-
                                             vestment companies, and for other pur-                  ceives leverage under section 321)’’ after             tablish a process through which a rural busi-
                                             poses; to the Committee on Small Busi-                  ‘‘Each licensee’’; and                                 ness investment company may apply for le-
                                             ness and Entrepreneurship.                                (D) by adding at the end the following:              verage granted under section 321 of the
                                               Mr. THUNE. Mr. President, I ask                       ‘‘SEC. 321. RURAL BUSINESS INVESTMENT COM-             Small Business Investment Act of 1958, as
                                             unanimous consent that the text of the                               PANIES.                                   added by subsection (a) of this section.
                                                                                                        ‘‘(a) DEFINITIONS.—In this section—                   (2) UPDATE TO RULES.—Not later than 180
                                             bill be printed in the RECORD.
                                                                                                       ‘‘(1) the term ‘covered amounts’ means,              days after the date of enactment of this Act,
                                               There being no objection, the text of                                                                        and in addition to the process established
                                             the bill was ordered to be printed in                   with respect to a fiscal year, the amounts
                                                                                                     made available for that fiscal year to grant           under paragraph (1), the Administrator shall
                                             the RECORD, as follows:                                                                                        make any updates to the rules of the Admin-
                                                                                                     leverage under this part to small business in-
                                                                  S. 1058                            vestment companies;                                    istration that are necessary as a result of
                                               Be it enacted by the Senate and House of Rep-           ‘‘(2) the term ‘rural business investment            this section and the amendments made by
                                             resentatives of the United States of America in         company’ has the meaning given the term in             this section.
                                             Congress assembled,                                     section 384A of the Consolidated Farm and              SEC. 4. INTERAGENCY WORKING GROUP.
                                             SECTION 1. SHORT TITLE.                                 Rural Development Act (7 U.S.C. 2009cc); and             (a) ESTABLISHMENT.—Not later than        180
                                               This Act may be cited as the ‘‘Rural Cap-               ‘‘(3) the term ‘Secretary’ means the Sec-            days after the date of enactment of this Act,
                                             ital Access Act’’.                                      retary of Agriculture.                                 the Administrator, in consultation with the
                                             SEC. 2. DEFINITIONS.                                      ‘‘(b) LEVERAGE.—                                     Secretary, shall establish an interagency
                                               In this Act—                                            ‘‘(1) IN GENERAL.—Subject to paragraph (2),          working group to develop—
                                               (1) the term ‘‘Administration’’ means the             if the Administration determines under sub-              (1) administrative recommendations for
                                             Small Business Administration;                          section (c) that the Administration will be            improving the coordination between the Ad-
                                               (2) the term ‘‘Administrator’’ means the              unable to expend all of the covered amounts            ministration and the Department of Agri-
                                             Administrator of the Administration;                    for a particular fiscal year, the Administra-          culture in administering the program carried
                                               (3) the term ‘‘appropriate committees of              tion shall expend those unexpended covered             out under part A of title III of the Small
                                             Congress’’ means—                                       amounts for that fiscal year to grant lever-           Business Investment Act of 1958 (15 U.S.C. 681
                                               (A) the Committee on Small Business and               age to rural business investment companies             et seq.) and the program carried out under
                                             Entrepreneurship of the Senate;                         for the purposes described in this part if,            subtitle H of the Consolidated Farm and
                                               (B) the Committee on Agriculture, Nutri-              with respect to that fiscal year, the Sec-             Rural Development Act (7 U.S.C. 2009cc et




dlhill on DSK120RN23PROD with SENATE
                                             tion, and Forestry of the Senate;                       retary determines that the Secretary is un-            seq.), respectively; and
                                               (C) the Committee on Small Business of                able to grant leverage to rural business in-             (2) legislative recommendations for im-
                                             the House of Representatives; and                       vestment companies in a manner that is suf-            proving capital access and investment in
                                               (D) the Committee on Agriculture of the               ficient to satisfy the leverage needs of those         rural areas of the United States through the
                                             House of Representatives;                               rural business investment companies.                   programs described in paragraph (1), includ-
                                               (4) the term ‘‘rural business investment                ‘‘(2) CONDITIONS.—With respect to leverage           ing by increasing the number of licensees
                                             company’’ has the meaning given the term in             granted by the Administration to a rural               under those programs.




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