Congressional Record, Senate, August 2, 2021, Page S5569
Summary
A page of the Congressional Record, Senate, dated August 2, 2021, at page S5569, under the heading Text of Amendments to H.R. 3684, the highway and transit bill. It lists SA 2299, submitted by Mrs. Blackburn, with text striking section 40909 and substituting a clarification that money from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund may meet a non-Federal matching requirement for authorized water projects of the Bureau of Reclamation. It also lists SA 2300, submitted by Mr. Cruz for himself and Mr. Warnock, which would establish job training Federal Pell Grants, eliminate the short-term education loan program and make technical corrections to the Higher Education Act of 1965.
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“Congressional Record, Senate, August 2, 2021, Page S5569.”
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5569
the bill H.R. 3684, supra; which was ordered and Mr. ROMNEY)) to the bill H.R. 3684, an amendment intended to be proposed
to lie on the table. to authorize funds for Federal-aid high- to amendment SA 2137 proposed by Mr.
SA 2299. Mrs. BLACKBURN submitted an ways, highway safety programs, and SCHUMER (for Ms. SINEMA (for herself,
amendment intended to be proposed to transit programs, and for other pur- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
amendment SA 2137 proposed by Mr. SCHU-
MER (for Ms. SINEMA (for herself, Mr.
poses; which was ordered to lie on the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. table; as follows: TESTER, Ms. MURKOWSKI, Mr. WARNER,
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- In division D, strike section 40909 and in- and Mr. ROMNEY)) to the bill H.R. 3684,
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to sert the following: to authorize funds for Federal-aid high-
the bill H.R. 3684, supra; which was ordered SEC. 40909. CLARIFICATION OF AUTHORITY TO ways, highway safety programs, and
to lie on the table. USE CORONAVIRUS FISCAL RECOV-
ERY FUNDS TO MEET A NON-FED- transit programs, and for other pur-
SA 2300. Mr. CRUZ (for himself and Mr. ERAL MATCHING REQUIREMENT poses; which was ordered to lie on the
WARNOCK) submitted an amendment in- FOR AUTHORIZED WATER table; as follows:
tended to be proposed to amendment SA 2137 PROJECTS.
proposed by Mr. SCHUMER (for Ms. SINEMA (a) CORONAVIRUS STATE FISCAL RECOVERY At the end of title III of division A, insert
(for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. FUND.—Section 602(c) of the Social Security the following:
CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Act (42 U.S.C. 802(c)) is amended by adding at SEC. 13011. ESTABLISHING JOB TRAINING FED-
TESTER, Ms. MURKOWSKI, Mr. WARNER, and the end the following: ERAL PELL GRANTS; ELIMINATING
SHORT-TERM EDUCATION LOAN
Mr. ROMNEY)) to the bill H.R. 3684, supra; ‘‘(4) USE OF FUNDS TO SATISFY NON-FEDERAL PROGRAMS; TECHNICAL CORREC-
which was ordered to lie on the table. MATCHING REQUIREMENTS FOR AUTHORIZED TIONS.
SA 2301. Ms. KLOBUCHAR submitted an WATER PROJECTS.—Funds provided under this
(a) ELIMINATING SHORT-TERM EDUCATION
amendment intended to be proposed to section for a project undertaken or funded by LOAN PROGRAMS.—Section 481(b) of the High-
amendment SA 2137 proposed by Mr. SCHU- the Bureau of Reclamation pursuant to an er Education Act of 1965 (20 U.S.C. 1088(b)) is
MER (for Ms. SINEMA (for herself, Mr. Act of Congress may be used for purposes of amended by adding at the end the following:
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. satisfying any non-Federal matching re- ‘‘(5) The Secretary shall eliminate the
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- quirement required for the project.’’. short-term education loan program, as au-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to (b) CORONAVIRUS LOCAL FISCAL RECOVERY
thorized under paragraph (2), on the date
the bill H.R. 3684, supra; which was ordered FUND.—Section 603(c) of the Social Security
that is 120 days after the date the Secretary
to lie on the table. Act (42 U.S.C. 803(c)) is amended by adding at
establishes the application for Job Training
the end the following:
f Federal Pell Grants under section 401(k).’’.
‘‘(5) USE OF FUNDS TO SATISFY NON-FEDERAL
(b) TECHNICAL CORRECTIONS.—Section 481(d)
TEXT OF AMENDMENTS MATCHING, MAINTENANCE OF EFFORT, OR OTHER
of the Higher Education Act of 1965 (20 U.S.C.
EXPENDITURE REQUIREMENT.—Funds provided
SA 2138. Mrs. FEINSTEIN (for herself 1088(d)) is amended—
under this section for a project undertaken
and Mr. PADILLA) submitted an amend- (1) in paragraph (4)—
or funded by the Bureau of Reclamation pur-
ment intended to be proposed to (A) in subparagraph (A), by striking
suant to an Act of Congress may be used for
‘‘under section 12301(a), 12301(g), 12302, 12304,
amendment SA 2137 proposed by Mr. purposes of satisfying any non-Federal
or 12306 of title 10, United States Code, or
SCHUMER (for Ms. SINEMA (for herself, matching requirement required for the
any retired member of an Armed Force or-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- project.’’.
(c) EFFECTIVE DATE.—The amendments dered to active duty under section 688 of
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. such title,’’ and inserting ‘‘, or any retired
made by this section shall take effect as if
TESTER, Ms. MURKOWSKI, Mr. WARNER, included in the enactment of section 9901 of member of an Armed Force ordered to active
and Mr. ROMNEY)) to the bill H.R. 3684, the American Rescue Plan Act of 2021 (Pub- duty,’’; and
to authorize funds for Federal-aid high- lic Law 117–2; 135 Stat. 223). (B) in subparagraph (B), by striking ‘‘an
ways, highway safety programs, and Armed Force’’ and inserting ‘‘a Uniformed
SA 2140. Ms. DUCKWORTH (for her- Service’’; and
transit programs, and for other pur- (2) in paragraph (5), by striking ‘‘and sup-
poses; which was ordered to lie on the self, Mr. CASEY, and Mr. BROWN) sub-
mitted an amendment intended to be ported by Federal funds’’.
table; as follows: (c) CURRENT ENACTMENT OF JOB TRAINING
proposed to amendment SA 2137 pro-
In section 40901(4)(A) of division D, strike FEDERAL PELL GRANT PROGRAM.—Section 401
clause (ii) and insert the following:
posed by Mr. SCHUMER (for Ms. SINEMA of the Higher Education Act of 1965 (20 U.S.C.
(ii) selected for funding under the competi- (for herself, Mr. PORTMAN, Mr. 1070a) is amended by adding at the end the
tive grant program authorized pursuant to MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, following:
section 1602(f) of the Reclamation Waste- Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(k) JOB TRAINING FEDERAL PELL GRANT
water and Groundwater Study and Facilities KOWSKI, Mr. WARNER, and Mr. ROMNEY)) PROGRAM.—
Act (43 U.S.C. 390h(f)), with funding under to the bill H.R. 3684, to authorize funds ‘‘(1) DEFINITIONS.—In this subsection:
this subparagraph to be provided in accord- for Federal-aid highways, highway ‘‘(A) CAREER AND TECHNICAL EDUCATION.—
ance with that section, notwithstanding sec- safety programs, and transit programs, The term ‘career and technical education’
tion 4013 of the Water Infrastructure Im- and for other purposes; which was or- has the meaning given the term in section 3
provements for the Nation Act (43 U.S.C. 390b of the Carl D. Perkins Career and Technical
dered to lie on the table; as follows:
note; Public Law 114–322), except that— Education Act.
(I) section 1602(g)(2) of the Reclamation On page 2690, line 11, insert after ‘‘et seq.):’’ ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.—
the following: ‘‘Provided further, That an eli- ‘‘(i) IN GENERAL.—The term ‘eligible job
Wastewater and Groundwater Study and Fa-
gible entity that receives a grant under this training program’ means a career and tech-
cilities Act (43 U.S.C. 390h(g)(2)) shall not
heading in this Act shall adopt a plan under nical education program at an eligible insti-
apply to amounts made available under this
which the entity commits to pursuing public
subparagraph; and tution of higher education that—
transportation accessibility projects that: (1)
(II) the amounts made available under this ‘‘(I) provides not less than 150, and not
enhance the customer experience and maxi-
subparagraph shall not exceed the lesser of— more than 600, clock hours of instructional
mize accessibility of rolling stock and sta-
(aa) notwithstanding section 1631(d) of the time over a period of not less than 8 weeks
tions or facilities for passenger use for indi-
Reclamation Wastewater and Groundwater viduals with disabilities, including accessi- and not more than 15 weeks;
Study and Facilities Act (43 U.S.C. 390h- bility for individuals with physical disabil- ‘‘(II) provides training aligned with the re-
13(d)), $30,000,000 for each water recycling ities, including those who use wheelchairs, quirements of high-skill, high-wage, or in-de-
and reuse project provided funding under accessibility for individuals with sensory mand industry sectors or occupations in the
this subparagraph; and disabilities, and accessibility for individuals State or local area in which the job training
(bb) the amount that is equal to 25 percent with intellectual or developmental disabil- program is provided, as determined by—
of the costs of the water recycling and reuse ities; (2) improve the operations of, provide ‘‘(aa) a State board or local board;
project provided funding under this subpara- efficiencies of service to, and enhance the ‘‘(bb) a State plan, as described in section
graph; and public transportation system for individuals 122(d)(13)(C) of the Carl D. Perkins Career
with disabilities; and (3) address equity of and Technical Education Act of 2006; or
SA 2139. Mrs. FEINSTEIN (for herself ‘‘(cc) a comprehensive local needs assess-
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service to all riders regardless of income,
and Mr. RISCH) submitted an amend- age, race, or ability, taking into account his- ment, as described in section 134(c) of the
ment intended to be proposed to torical and current service gaps for low-in- Carl D. Perkins Career and Technical Edu-
come riders, older individuals, riders from cation Act of 2006;
amendment SA 2137 proposed by Mr.
communities of color, and riders with dis- ‘‘(III) is a program—
SCHUMER (for Ms. SINEMA (for herself, abilities:’’. ‘‘(aa) provided through an eligible training
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- provider, as described under section 122(d) of
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SA 2141. Mr. KAINE (for himself, Mr. the Workforce Innovation and Opportunity
TESTER, Ms. MURKOWSKI, Mr. WARNER, PORTMAN, and Mr. OSSOFF) submitted Act; and
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S5570 CONGRESSIONAL RECORD — SENATE August 2, 2021
‘‘(bb) subject to the reporting requirements ‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon-
of section 116(d)(4) of the Workforce Innova- by the President under section 401 or 501 of etary charge and without regard to any bal-
tion and Opportunity Act, or would be sub- the Robert T. Stafford Disaster Relief and ance owed to the institution; and
ject to such requirements except for a waiver Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any
issued to a State under section 189(i) of the and 5191); or substantially similar program, from being
Workforce Innovation and Opportunity Act; ‘‘(bb) national emergency declared by the considered an eligible job training described
‘‘(IV) provides a student, upon completion President under section 201 of the National in this subsection for a period of not less
of the program, with a degree or recognized Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years.
postsecondary credential that is stackable ‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE
and portable across multiple employers and directly by the eligible institution of higher BOARD.—The Secretary shall not determine
geographical areas; education; that a program is an eligible job training
‘‘(V) has demonstrated that the median ‘‘(XIII) may include integrated education program in accordance with clause (ii) unless
change in total earnings for students who and training; and the Secretary receives a certification from
complete the program is an increase of not ‘‘(XIV) may be offered as part of a program the State board representing the State in
less than 20 percent, in accordance with that— which the eligible job training program is
paragraph (2); ‘‘(aa) meets the requirements of section provided, containing an assurance that the
‘‘(VI) publishes prominently on the website 484(d)(2); program meets the requirements of clause
of the institution, and provides a written dis- ‘‘(bb) is part of a career pathway, as de- (i).
fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of
closure to each prospective student prior to
tion and Opportunity Act; and this subsection, the term ‘total earnings’
entering into an enrollment agreement for
‘‘(cc) is aligned to a program of study, as means the median annual earnings.
such program (which each such student shall
defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU-
confirm receiving through a written affirma-
Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection,
tion prior to entering such enrollment agree-
‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu-
ment) containing, at a minimum, the fol-
‘‘(I) IN GENERAL.—In the case of a program cation’ means—
lowing information calculated, as applicable, that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as
in accordance with paragraph (8)— as an eligible job training program under defined in section 101;
‘‘(aa) the required tuition and fees of the this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu-
program; a determination whether the program meets tion, as defined in section 102(c); and
‘‘(bb) the difference between required tui- the requirements of this subparagraph not ‘‘(iii) an institution of higher education—
tion and fees described in item (aa) and any more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or
grant aid (which does not need to be repaid) such program is submitted for consideration association that meets the requirements of
provided to the student; as an eligible job training program. If the section 496(a)(4)(C);
‘‘(cc) the completion rate of the program; Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti-
‘‘(dd) the percentage of students placed or requirements of this paragraph, the Sec- tution of higher education, as defined in sec-
retained in employment, measured at not retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and
less than 6 months and 1 year, respectively, proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any
after completion of the program; institutions to apply for eligible job training of the preceding 5 years, to—
‘‘(ee) total earnings of students who com- program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or
plete the program not less than 6 months the date of enactment of the Infrastructure termination of programs under this title;
after completion of the program; Investment and Jobs Act. ‘‘(bb) any adverse action by the institu-
‘‘(ff) total earnings of students who do not ‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or
complete the program; later than 1 year after the date of enactment ‘‘(cc) any action by the State to revoke a
‘‘(gg) the ratio of the amount that is the of the Infrastructure Investment and Jobs license or other authority to operate.
difference between required tuition and fees Act, the Secretary shall publish the applica- ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.—
and any grant aid provided to the student de- tion for job training programs to submit for The term ‘institutional credit articulation’
scribed in item (bb) to the total earnings of approval as eligible job training programs. means the situation where an institution of
students who complete the program not less The information required to determine eligi- higher education provides a student who has
than 6 months after completion of the pro- bility in such application shall be consistent completed a noncredit program with the
gram described in item (ee); with the requirements described in this sub- equivalent academic credit that may be ap-
‘‘(hh) an explanation, in clear and plain paragraph. plied to a subsequent credit-bearing certifi-
language, of the ratio described in item (gg); ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in
and RETARY.—An eligible job training program such program at such institution.
‘‘(ii) in the case of a job training program that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-
that prepares students for a professional li- gible job training program after the period of try or sector partnership’, ‘in-demand indus-
cense or certification exam, the share of initial approval described in clause (ii), or try sector or occupation’, ‘recognized post-
such students who pass such exams; the subsequent period described in this secondary credential’, ‘local board’, and
‘‘(VII) has been determined by the eligible clause, shall submit a renewal application to ‘State board’ have the meanings given such
institution of higher education (after valida- the Secretary (with such information as the terms in section 3 of the Workforce Innova-
tion of that determination by an industry or Secretary may require), not more than 270 tion and Opportunity Act.
sector partnership or State board or local days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-
board) to provide academic content, an end of the previous approval period. If the MENT.—
amount of instructional time, and com- Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph
petencies to satisfy any applicable edu- such requirements, the Secretary shall grant (B), as a condition of participation under
cational requirement for professional licen- another period of approval for 3 years. this subsection, the Secretary shall, using
sure or certification, so that the student who ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and
completes the program and seeks employ- The Secretary shall periodically review a such other information as the Secretary may
ment is qualified to take any licensure or program previously approved under clause require, determine whether such job training
certification examination needed to practice (ii) or (iii) to determine whether such pro- program meets the requirements of para-
or find employment in such sectors or occu- gram is meeting the requirements of an eli- graph (1)(B)(i)(V) with respect to whether the
pations that the program prepares students gible job training program described in this median change in annual earnings for stu-
to enter; subsection. dents who complete the program is an in-
‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC- crease of not less than 20 percent of the total
than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter- earnings of such students before enrollment
training program under this subsection; mines that a program previously approved in the program. For the purposes of this
‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting paragraph, the Secretary shall determine
cent the minimum number of clock hours re- any of the requirements of an eligible job such percentage change by calculating the
quired by a State to receive a professional li- training program described in this sub- difference between the total earnings of stu-
cense or certification in the State, if the section, the Secretary— dents who enroll in such programs not more
State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- than 6 months prior to enrollment, and the
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‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for total earnings of students who complete such
tion for a student enrolled in a noncredit job such program after the expiration of the ap- program not more than 6 months after com-
training program; proval period; pleting such program.
‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro- ‘‘(B) DATE OF EFFECT.—The requirement
distance education or a correspondence gram before the expiration of the approval under this paragraph shall take effect begin-
course, except as determined by the Sec- period; ning on the date that is 1 year after the date
retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in the program has been approved as an eligible
in connection with a— such programs have access to transcripts for job training program under this subsection.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5571
‘‘(3) APPEAL OF EARNINGS INFORMATION.— ‘‘(V) recipients of assistance under a tui- (1) IN GENERAL.—Section 401 of the Higher
The Secretary’s determination under para- tion assistance program conducted by the Education Act of 1965 (20 U.S.C. 1070a), as
graph (2) may include an appeals process to Department of Defense under section 1784a or amended by section 703 of the FAFSA Sim-
permit job training programs to submit al- 2007 of title 10, United States Code (or other plification Act (title VII of division FF of
ternate discretionary or total earnings data, authorities available to the Department of Public Law 116–260), is further amended by
respectively, provided that such data are sta- Defense), or status as a veteran; adding at the end the following:
tistically rigorous, accurate, comparable, ‘‘(VI) status as a first-time student or ‘‘(k) JOB TRAINING FEDERAL PELL GRANT
and representative of students who complete transfer student from another institution; PROGRAM.—
the program. ‘‘(VII) status as a first-generation student; ‘‘(1) DEFINITIONS.—In this subsection:
‘‘(4) AUTHORIZATION OF AWARDS.—The Sec- ‘‘(VIII) status as parent or guardian of 1 or ‘‘(A) CAREER AND TECHNICAL EDUCATION.—
retary shall award Federal Pell Grants to more dependent children; and The term ‘career and technical education’
students in eligible job training programs ‘‘(IX) status as a confined or incarcerated has the meaning given the term in section 3
(referred to as a ‘job training Federal Pell individual, as defined under section of the Carl D. Perkins Career and Technical
Grant’). Each eligible job training Federal 484(t)(1)(A). Education Act of 2006.
Pell Grant awarded under this subsection ‘‘(ii) The number and demographics, ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.—
shall have the same terms and conditions, disaggregated by the categories listed in ‘‘(i) IN GENERAL.—The term ‘eligible job
and be awarded in the same manner, as other clause (i), including, at a minimum, of— training program’ means a career and tech-
Federal Pell Grants awarded under sub- ‘‘(I) students who complete the program; nical education program at an eligible insti-
section (b), except a student who is eligible and tution of higher education that—
to receive a job training Federal Pell Grant ‘‘(II) students who do not complete the pro- ‘‘(I) provides not less than 150, and not
under this subsection is a student who— gram. more than 600, clock hours of instructional
‘‘(A) has not yet attained a ‘‘(iii) The required tuition and fees of the time over a period of not less than 8 weeks
postbaccalaureate degree; program. and not more than 15 weeks;
‘‘(B) is enrolled, or accepted for enroll- ‘‘(iv) The earnings of students, ‘‘(II) provides training aligned with the re-
ment, in an eligible job training program at disaggregated by the categories listed in quirements of high-skill, high-wage, or in-de-
an eligible institution of higher education; clause (i), including, at a minimum— mand industry sectors or occupations in the
and ‘‘(I) total earnings of students who com- State or local area in which the job training
‘‘(C) meets all other eligibility require- plete the program; and program is provided, as determined by—
ments for a Federal Pell Grant (except with ‘‘(II) total earnings of students who do not ‘‘(aa) a State board or local board;
respect to the type of program of study, as complete the program. ‘‘(bb) a State plan, as described in section
provided in subparagraph (B)). ‘‘(v) Additional outcomes of the students 122(d)(13)(C) of the Carl D. Perkins Career
‘‘(5) AMOUNT OF AWARD.—The amount of a who complete the program, disaggregated by and Technical Education Act of 2006; or
job training Federal Pell Grant for an eligi- the categories listed in clause (i), including, ‘‘(cc) a comprehensive local needs assess-
ble student shall be determined under sub- at a minimum— ment, as described in section 134(c) of the
section (b), except that a student who is eli- ‘‘(I) the completion rate of such students; Carl D. Perkins Career and Technical Edu-
gible for less than the minimum Federal Pell ‘‘(II) the percentage of such students cation Act of 2006;
Grant because the eligible job training pro- placed or retained in employment, measured ‘‘(III) is a program—
gram is less than an academic year (in clock- at not less than 6 months and 1 year, respec- ‘‘(aa) provided through an eligible training
hours and weeks of instructional time) may tively, after completion of the program; provider, as described under section 122(d) of
still be eligible for a Federal Pell Grant. ‘‘(III) in the case of a job training program the Workforce Innovation and Opportunity
‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE- that prepares students for a professional li- Act; and
RIOD.—Any period during which a student re- cense or certification exam, the share of ‘‘(bb) subject to the reporting requirements
ceives a job training Federal Pell Grant such students who pass such exams; of section 116(d)(4) of the Workforce Innova-
under this subsection shall be included in ‘‘(IV) the share of such students who con- tion and Opportunity Act, or would be sub-
calculating the student’s period of eligibility tinue enrollment at the institution of higher ject to such requirements except for a waiver
for Federal Pell Grants under subsection (d), education offering the program within 1 issued to a State under section 189(i) of the
and the eligibility requirements regarding year; Workforce Innovation and Opportunity Act;
students who are enrolled in an under- ‘‘(V) the share of such students who trans- ‘‘(IV) provides a student, upon completion
graduate program on less than a full-time fer to another institution of higher edu- of the program, with a degree or recognized
basis shall similarly apply to students who cation within 1 year; and postsecondary credential that is stackable
are enrolled in an eligible job training pro- ‘‘(VI) the share of such students who com- and portable across multiple employers and
gram at an eligible institution of higher edu- plete a subsequent certificate or degree pro- geographical areas;
cation on less than a full-time basis. gram within 6 years. ‘‘(V) has demonstrated that the median
‘‘(7) SAME PAYMENT PERIOD.—No student ‘‘(C) EXCEPTIONS.—Notwithstanding any change in total earnings for students who
may for the same payment period receive other provision of this paragraph— complete the program is an increase of not
both a job training Federal Pell Grant under ‘‘(i) if disclosure of disaggregated data less than 20 percent, in accordance with
this subsection and a Federal Pell Grant under subparagraph (B) is prohibited from paragraph (2);
under this section. disclosure due to applicable privacy restric- ‘‘(VI) publishes prominently on the website
‘‘(8) INTERAGENCY DATA SHARING AND DATA tions, the Secretary may take such steps as of the institution, and provides a written dis-
COLLECTION.— the Secretary determines necessary to pro- closure to each prospective student prior to
‘‘(A) INTERAGENCY DATA SHARING.—The Sec- vide meaningful disaggregated student de- entering into an enrollment agreement for
retary shall coordinate and enter into a data mographic or outcome information, includ- such program (which each such student shall
sharing agreement with the Secretary of ing by combining categories; and confirm receiving through a written affirma-
Labor to ensure access to data necessary to ‘‘(ii) an institution may submit, and the tion prior to entering such enrollment agree-
implement this paragraph, including such Secretary may publish, data required to be ment) containing, at a minimum, the fol-
data related to indicators of performance collected under subparagraph (B) that is ob- lowing information calculated, as applicable,
collected under section 116 of the Workforce tained through a State Unemployment In- in accordance with paragraph (8)—
Innovation and Opportunity Act (29 U.S.C. surance Agency or through other supple- ‘‘(aa) the required tuition and fees of the
3141). mental means, in lieu of any additional data program;
‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO- collection, provided that such data are sta- ‘‘(bb) the difference between required tui-
GRAMS.—Except as provided under subpara- tistically rigorous, accurate, comparable, tion and fees described in item (aa) and any
graph (C), each institution of higher edu- and representative. grant aid (which does not need to be repaid)
cation offering an eligible job training pro- ‘‘(D) REPORT.—Not later than July 1, 2025, provided to the student;
gram for which the Secretary awards job the Secretary shall— ‘‘(cc) the completion rate of the program;
training Federal Pell Grants under this sub- ‘‘(i) submit to the Committee on Health, ‘‘(dd) the percentage of students placed or
section, the Secretary shall, on at least an Education, Labor, and Pensions of the Sen- retained in employment, measured at not
annual basis, collect and publish data with ate and the Committee on Education and less than 6 months and 1 year, respectively,
respect to each such eligible job training Labor of the House of Representatives a re- after completion of the program;
program, including the following: port on the impact of an eligible job training ‘‘(ee) total earnings of students who com-
‘‘(i) The number and demographics of stu- plete the program not less than 6 months
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program for which the Secretary awards job
dents who enroll in the program, including, training Federal Pell Grants under this sub- after completion of the program;
at a minimum, disaggregated by— section, based on the most recent data col- ‘‘(ff) total earnings of students who do not
‘‘(I) sex; lected under subparagraph (B); and complete the program;
‘‘(II) race and ethnicity; ‘‘(ii) make the report described in clause (i) ‘‘(gg) the ratio of the amount that is the
‘‘(III) classification as a student with a dis- available publicly on the website of the De- difference between required tuition and fees
ability; partment.’’. and any grant aid provided to the student de-
‘‘(IV) income quintile, as defined by the (d) FUTURE ENACTMENT OF JOB TRAINING scribed in item (bb) to the total earnings of
Secretary; FEDERAL PELL GRANT PROGRAM.— students who complete the program not less
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S5572 CONGRESSIONAL RECORD — SENATE August 2, 2021
than 6 months after completion of the pro- bility in such application shall be consistent completed a noncredit program with the
gram described in item (ee); with the requirements described in this sub- equivalent academic credit that may be ap-
‘‘(hh) an explanation, in clear and plain paragraph. plied to a subsequent credit-bearing certifi-
language, of the ratio described in item (gg); ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in
and RETARY.—An eligible job training program such program at such institution.
‘‘(ii) in the case of a job training program that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-
that prepares students for a professional li- gible job training program after the period of try or sector partnership’, ‘in-demand indus-
cense or certification exam, the share of initial approval described in clause (ii), or try sector or occupation’, ‘recognized post-
such students who pass such exams; the subsequent period described in this secondary credential’, ‘local board’, and
‘‘(VII) has been determined by the eligible clause, shall submit a renewal application to ‘State board’ have the meanings given such
institution of higher education (after valida- the Secretary (with such information as the terms in section 3 of the Workforce Innova-
tion of that determination by an industry or Secretary may require), not more than 270 tion and Opportunity Act.
sector partnership or State board or local days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-
board) to provide academic content, an end of the previous approval period. If the MENT.—
amount of instructional time, and com- Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph
petencies to satisfy any applicable edu- such requirements, the Secretary shall grant (B), as a condition of participation under
cational requirement for professional licen- another period of approval for 3 years. this subsection, the Secretary shall, using
sure or certification, so that the student who ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and
completes the program and seeks employ- The Secretary shall periodically review a
such other information as the Secretary may
ment is qualified to take any licensure or program previously approved under clause
require, determine whether such job training
certification examination needed to practice (ii) or (iii) to determine whether such pro-
program meets the requirements of para-
or find employment in such sectors or occu- gram is meeting the requirements of an eli-
graph (1)(B)(i)(V) with respect to whether the
pations that the program prepares students gible job training program described in this
median change in annual earnings for stu-
to enter; subsection.
dents who complete the program is an in-
‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC-
crease of not less than 20 percent of the total
than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter-
training program under this subsection; mines that a program previously approved earnings of such students before enrollment
‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting in the program. For the purposes of this
cent the minimum number of clock hours re- any of the requirements of an eligible job paragraph, the Secretary shall determine
quired by a State to receive a professional li- training program described in this sub- such percentage increase by calculating the
cense or certification in the State, if the section, the Secretary— difference between the total earnings of stu-
State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- dents who enroll in such programs not more
‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for than 6 months prior to enrollment, and the
tion for a student enrolled in a noncredit job such program after the expiration of the ap- earnings of students who complete such pro-
training program; proval period; gram not more than 6 months after com-
‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro- pleting such program.
distance education or a correspondence gram before the expiration of the approval ‘‘(B) DATE OF EFFECT.—The requirement
course, except as determined by the Sec- period; under this paragraph shall take effect begin-
retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in ning on the date that is 1 year after the date
in connection with a— such programs have access to transcripts for the program has been approved as an eligible
‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon- job training program under this subsection.
by the President under section 401 or 501 of etary charge and without regard to any bal- ‘‘(3) APPEAL OF EARNINGS INFORMATION.—
the Robert T. Stafford Disaster Relief and ance owed to the institution; and The Secretary’s determination under para-
Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any graph (2) may include an appeals process to
and 5191); or substantially similar program, from being permit job training programs to submit al-
‘‘(bb) national emergency declared by the considered an eligible job training described ternate discretionary or total earnings data,
President under section 201 of the National in this subsection for a period of not less respectively, provided that such data are sta-
Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years. tistically rigorous, accurate, comparable,
‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE and representative of students who complete
directly by the eligible institution of higher BOARD.—The Secretary shall not determine the program.
education; that a program is an eligible job training ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec-
‘‘(XIII) may include integrated education program in accordance with clause (ii) unless retary shall award Federal Pell Grants to
and training; and the Secretary receives a certification from students in eligible job training programs
‘‘(XIV) may be offered as part of a program the State board representing the State in (referred to as a ‘job training Federal Pell
that— which the eligible job training program is Grant’). Each eligible job training Federal
‘‘(aa) meets the requirements of section provided, containing an assurance that the Pell Grant awarded under this subsection
484(d)(2); program meets the requirements of clause shall have the same terms and conditions,
‘‘(bb) is part of a career pathway, as de- (i). and be awarded in the same manner, as other
fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of Federal Pell Grants awarded under sub-
tion and Opportunity Act; and this subsection, the term ‘total earnings’ section (b), except a student who is eligible
‘‘(cc) is aligned to a program of study, as means the median annual earnings. to receive a job training Federal Pell Grant
defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- under this subsection is a student who—
Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection, ‘‘(A) has not yet attained a
‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu- postbaccalaureate degree;
‘‘(I) IN GENERAL.—In the case of a program cation’ means— ‘‘(B) is enrolled, or accepted for enroll-
that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as ment, in an eligible job training program at
as an eligible job training program under defined in section 101; an eligible institution of higher education;
this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu- and
a determination whether the program meets tion, as defined in section 102(c); and ‘‘(C) meets all other eligibility require-
the requirements of this subparagraph not ‘‘(iii) an institution of higher education— ments for a Federal Pell Grant (except with
more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or respect to the type of program of study, as
such program is submitted for consideration association that meets the requirements of provided in subparagraph (B)).
as an eligible job training program. If the section 496(a)(4)(C); ‘‘(5) AMOUNT OF AWARD.—The amount of a
Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti- job training Federal Pell Grant for an eligi-
requirements of this paragraph, the Sec- tution of higher education, as defined in sec- ble student shall be determined under sub-
retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and section (b), except that a student who is eli-
proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any gible for less than the minimum Federal Pell
institutions to apply for eligible job training of the preceding 5 years, to— Grant because the eligible job training pro-
program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or gram is less than an academic year (in clock-
the date of enactment of the Infrastructure termination of programs under this title; hours and weeks of instructional time) may
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Investment and Jobs Act. ‘‘(bb) any adverse action by the institu- still be eligible for a Federal Pell Grant.
‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE-
later than 1 year after the date of enactment ‘‘(cc) any action by the State to revoke a RIOD.—Any period during which a student re-
of the Infrastructure Investment and Jobs license or other authority to operate. ceives a job training Federal Pell Grant
Act, the Secretary shall publish the applica- ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.— under this subsection shall be included in
tion for job training programs to submit for The term ‘institutional credit articulation’ calculating the student’s period of eligibility
approval as eligible job training programs. means the situation where an institution of for Federal Pell Grants under subsection (d),
The information required to determine eligi- higher education provides a student who has and the eligibility requirements regarding
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5573
students who are enrolled in an under- ‘‘(V) the share of such students who trans- ‘‘(ii) the agency or association requires a
graduate program on less than a full-time fer to another institution of higher edu- demonstration that the program—
basis shall similarly apply to students who cation within 1 year; and ‘‘(I) has identified each recognized postsec-
are enrolled in an eligible job training pro- ‘‘(VI) the share of such students who com- ondary credential offered in the relevant in-
gram at an eligible institution of higher edu- plete a subsequent certificate or degree pro- dustry in the State or local area where the
cation on less than a full-time basis. gram within 6 years. industry is located; and
‘‘(7) SAME PAYMENT PERIOD.—No student ‘‘(C) EXCEPTIONS.—Notwithstanding any ‘‘(II) provides academic content, an
may for the same payment period receive other provision of this paragraph— amount of instructional time, and com-
both a job training Federal Pell Grant under ‘‘(i) if disclosure of disaggregated data petencies to satisfy any applicable edu-
this subsection and a Federal Pell Grant under subparagraph (B) is prohibited from cational requirement for professional licen-
under this section. disclosure due to applicable privacy restric- sure or certification, so that a student who
‘‘(8) INTERAGENCY DATA SHARING AND DATA tions, the Secretary may take such steps as completes the program and seeks employ-
COLLECTION.— the Secretary determines necessary to pro- ment is qualified to take any licensure or
‘‘(A) INTERAGENCY DATA SHARING.—The Sec- vide meaningful disaggregated student de- certification examination needed to practice
retary shall coordinate and enter into a data mographic or outcome information, includ- or find employment in the sectors or occupa-
sharing agreement with the Secretary of ing by combining categories; and tions that the program prepares students to
Labor to ensure access to data necessary to ‘‘(ii) an institution may submit, and the enter.’’.
implement this paragraph, including such Secretary may publish, data required to be (g) RESCISSION.—Of the amounts appro-
data related to indicators of performance collected under subparagraph (B) that is ob- priated under section 401(b)(7)(A)(iv)(XI) of
collected under section 116 of the Workforce tained through a State Unemployment In- the Higher Education Act of 1965 (20 U.S.C.
Innovation and Opportunity Act (29 U.S.C. surance Agency or through other supple- 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021,
3141). mental means, in lieu of any additional data $120,000,000 are rescinded.
‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO- collection, provided that such data are sta- (h) EFFECTIVE DATE.—Except as otherwise
GRAMS.—Except as provided under subpara- tistically rigorous, accurate, comparable, provided, this section and the amendments
graph (C), each institution of higher edu- and representative. made by this section shall take effect on the
cation offering an eligible job training pro- ‘‘(D) REPORT.—Not later than July 1, 2025, date of enactment of this Act.
gram for which the Secretary awards job the Secretary shall— ---
training Federal Pell Grants under this sub- ‘‘(i) submit to the Committee on Health, SA 2142. Mr. MARKEY (for himself
section, the Secretary shall, on at least an Education, Labor, and Pensions of the Sen- and Ms. WARREN) submitted an amend-
annual basis, collect and publish data with ate and the Committee on Education and ment intended to be proposed by him
respect to each such eligible job training Labor of the House of Representatives a re-
program, including the following:
to the bill H.R. 3684, to authorize funds
port on the impact of an eligible job training for Federal-aid highways, highway
‘‘(i) The number and demographics of stu- program for which the Secretary awards job
dents who enroll in the program, including, safety programs, and transit programs,
training Federal Pell Grants under this sub-
at a minimum, disaggregated by— section, based on the most recent data col-
and for other purposes; which was or-
‘‘(I) sex; lected under subparagraph (B); and dered to lie on the table; as follows:
‘‘(II) race and ethnicity; At the appropriate place, insert the fol-
‘‘(ii) make the report described in clause (i)
‘‘(III) classification as a student with a dis- lowing:
available publicly on the website of the De-
ability; SEC. ll. NORTH ATLANTIC RAIL INTERSTATE
partment.’’.
‘‘(IV) income quintile, as defined by the COMPACT.
(2) EFFECTIVE DATE.—The amendment
Secretary; (a) IN GENERAL.—Chapter 249 of title 49,
made by paragraph (1) shall take effect as if
‘‘(V) recipients of assistance under a tui- United States Code, is amended by inserting
included in section 703 of the FAFSA Sim-
tion assistance program conducted by the after section 24905 the following:
plification Act (title VII of division FF of
Department of Defense under section 1784a or
Public Law 116–260). ‘‘§ 24905A. North Atlantic Rail Interstate Com-
2007 of title 10, United States Code (or other
authorities available to the Department of (e) WORKFORCE INNOVATION AND OPPOR- pact; North Atlantic Rail Network
Defense), or status as a veteran; TUNITY ACT AMENDMENT.—Section 116(i) of ‘‘(a) NORTH ATLANTIC RAIL INTERSTATE
‘‘(VI) status as a first-time student or the Workforce Innovation and Opportunity COMPACT.—
transfer student from another institution; Act (29 U.S.C. 3141(i)) is amended by adding ‘‘(1) ESTABLISHMENT.—Not later than 180
‘‘(VII) status as a first-generation student; at the end the following: days after the date of the enactment of this
‘‘(VIII) status as parent or guardian of 1 or ‘‘(4) INTERAGENCY DATA SHARING FOR JOB section, the Secretary of Transportation
more dependent children; and TRAINING FEDERAL PELL GRANT PROGRAM.— shall appoint a director for the North Atlan-
‘‘(IX) status as a confined or incarcerated The Secretary of Labor shall coordinate and tic Rail Interstate Compact (referred to in
individual, as defined under section enter into a data sharing agreement with the this section as the ‘Compact’) in collabora-
484(t)(1)(A). Secretary of Education to ensure access to tion with states identified in paragraph
‘‘(ii) The number and demographics, data necessary to implement section 401(k) (2)(A).
disaggregated by the categories listed in of the Higher Education Act of 1965 (20 U.S.C. ‘‘(2) BOARD OF DIRECTORS.—
clause (i), including, at a minimum, of— 1070a(k)), as added by section 13011 of the In- ‘‘(A) COMPOSITION.—The Compact shall be
‘‘(I) students who complete the program; frastructure Investment and Jobs Act, in- governed by a board of directors, which shall
and cluding such applicable data related to un- be composed of directors, of whom—
‘‘(II) students who do not complete the pro- employment insurance, wage information, ‘‘(i) 2 directors shall be appointed by the
gram. employment-related outcomes, and indica- Secretary of Transportation;
‘‘(iii) The required tuition and fees of the tors of performance collected under this sec- ‘‘(ii) 1 director shall be appointed by the
program. tion.’’. Chief Executive Officer of Amtrak;
‘‘(iv) The earnings of students, (f) ACCREDITING AGENCY RECOGNITION OF ‘‘(iii) 2 directors shall be appointed by the
disaggregated by the categories listed in ELIGIBLE JOB TRAINING PROGRAMS.—Section Governor of Connecticut;
clause (i), including, at a minimum— 496(a)(4) of the Higher Education Act of 1965 ‘‘(iv) 2 directors shall be appointed by the
‘‘(I) total earnings of students who com- (20 U.S.C. 1099b(a)(4)) is amended— Governor of Maine;
plete the program; and (1) in subparagraph (A), by striking ‘‘and’’ ‘‘(v) 2 directors shall be appointed by the
‘‘(II) total earnings of students who do not after the semicolon; Governor of Massachusetts;
complete the program. (2) in subparagraph (B)(ii), by inserting ‘‘(vi) 2 directors shall be appointed by the
‘‘(v) Additional outcomes of the students ‘‘and’’ after the semicolon; and Governor of New Hampshire;
who complete the program, disaggregated by (3) by adding at the end the following: ‘‘(vii) 2 directors shall be appointed by the
the categories listed in clause (i), including, ‘‘(C) if such agency or association has or Governor of New York;
at a minimum— seeks to include within its scope of recogni- ‘‘(viii) 2 directors shall be appointed by the
‘‘(I) the completion rate of such students; tion the evaluation of the quality of institu- Governor of Rhode Island; and
‘‘(II) the percentage of such students tions of higher education participating in ‘‘(ix) 2 directors shall be appointed by the
placed or retained in employment, measured the job training Federal Pell Grant program Governor of Vermont.
at not less than 6 months and 1 year, respec- under section 401(k), such agency or associa- ‘‘(B) TERM; QUALIFICATIONS.—Of the indi-
tively, after completion of the program; tion shall, in addition to meeting the other viduals appointed pursuant to each of the
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‘‘(III) in the case of a job training program requirements of this subpart, demonstrate to clauses (iii) through (ix) of paragraph (1)—
that prepares students for a professional li- the Secretary that, with respect to such eli- ‘‘(i) 1 shall be the head of the respective
cense or certification exam, the share of gible job training programs (as defined in State department of transportation; and
such students who pass such exams; that subsection)— ‘‘(ii) the other director appointed by the
‘‘(IV) the share of such students who con- ‘‘(i) the agency or association’s standards respective governor—
tinue enrollment at the institution of higher include a process for determining if the in- ‘‘(I) shall serve for a 5-year term;
education offering the program within 1 stitution has the capability to effectively ‘‘(II) shall be a resident of the appointing
year; offer an eligible job training program; and governor’s State;
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S5574 CONGRESSIONAL RECORD — SENATE August 2, 2021
‘‘(III) may not be an employee of the gov- ‘‘(D) contracting with Amtrak, State de- ‘‘(II) the construction of a public transpor-
ernment of such State; and partments of transportation, or related oper- tation project eligible for assistance under
‘‘(IV) shall be an expert in transportation ating entities within the 7-State North At- chapter 53 of title 49; and
policy, finance, public policy, planning or a lantic Rail Network region to design or con- ‘‘(III) the construction of a non-single oc-
related discipline associated with the pur- struct elements of a North Atlantic Rail cupancy passenger vehicle project that im-
pose and mission of the Compact. Network. proves freight movement; and
‘‘(C) NO COMPENSATION.—Directors shall ‘‘(3) COMMENCEMENT OF OPERATIONS.—The ‘‘(C) has a public plan for maintaining and
serve without pay, but shall receive travel Compact shall commence operations and be operating the new asset while continuing
expenses, including per diem in lieu of sub- eligible for appropriated funding in any progress of the State or project sponsor in
sistence, in accordance with applicable pro- State that has ratified the Compact, upon achieving a state of good repair under sub-
visions of subchapter I of chapter 57 of title the ratification of a minimum of 2 states of paragraph (A).
5, United States Code. the Compact. ‘‘(2) BENEFIT-COST ANALYSIS.—In carrying
‘‘(3) PURPOSE.—The purpose of the Compact ‘‘(4) RESPONSIBILITIES.—If a State depart- out paragraph (1)(B)(ii), the Secretary shall
shall be to construct, on an accelerated ment of transportation or its related oper- establish a process for analyzing the cost and
basis, a North Atlantic Rail Network in ating entity owns the right-of-way for a rail benefits of projects under that paragraph,
order— line segment within a North Atlantic Rail ensuring that—
‘‘(A) to provide clean, safe, coordinated and Network, such department or entity shall be ‘‘(A) the benefit-cost analysis includes a
efficient high-speed and high-performance responsible for the design and construction calculation of all the benefits addressed in
passenger rail transportation in the 7-State of improvements on such segment of a North the performance measures established under
North Atlantic Rail Network region; includ- Atlantic Rail Network. section 150;
ing the improvement of existing intercity ‘‘(5) WORK PERFORMED ON RIGHT-OF-WAY.— ‘‘(B) the benefit-cost analysis includes a
passenger rail services; Notwithstanding paragraph (2)(D), all work consideration of the total maintenance cost
‘‘(B) to reduce carbon emissions from auto done in existing rail right-of-way shall be of an asset over the lifecycle of the asset;
and air transportation in such region in performed only in accordance with the rail and
order to meet the greenhouse gas perform- collective bargaining agreements applicable ‘‘(C) the State demonstrates that any
ance targets established under section 150(d) to work performed on such right-of-way.’’. transportation demand modeling used to cal-
of title 23; and (b) CLERICAL AMENDMENT.—The analysis culate the benefit-cost analysis is based on
‘‘(C) to provide employment opportunities for chapter 249 of title 49, United States retrospective analysis of the accuracy of
and economic development in the cities and Code, is amended by inserting after the item past forecasting and calibration to real-word
regions served by a North Atlantic Rail Net- relating to section 24905 the following: conditions or has a documented record of ac-
work. ‘‘24905A. North Atlantic Rail Interstate Com- curacy.
‘‘(4) STAFFING.—The directors and officers pact; North Atlantic Rail Net- ‘‘(3) SAVINGS CLAUSE.—The provisions of
of the Compact may appoint and fix the pay work.’’. this subsection shall not apply to any
of such personnel, as they consider necessary (c) SUNSET.—Upon the earlier of the com- project that is fully funded in an adopted
and appropriate, to advance the design and pletion of the construction of all of the ele- State transportation improvement program
construction of a North Atlantic Rail Net- ments of a North Atlantic Rail Network cre- as of the date of enactment of this sub-
work. ated pursuant to subsection (b)(1) of section section.’’.
‘‘(5) COORDINATION.—The Compact, in de- 24905A of title 49, United States Code, as
signing and constructing a North Atlantic added by this Act, or the date that is 20 SA 2144. Mr. WICKER submitted an
Rail Network, shall coordinate and cooper- years after the date of the enactment of this amendment intended to be proposed to
ate with— Act—
‘‘(A) the Secretary of Transportation;
amendment SA 2137 proposed by Mr.
(1) the North Atlantic Rail Interstate Com- SCHUMER (for Ms. SINEMA (for herself,
‘‘(B) the Northeast Corridor Commission; pact established pursuant to subsection (a)(1)
‘‘(C) Amtrak; Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
of such section shall be dissolved; and
‘‘(D) State departments of transportation, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(2) the assets of the North Atlantic Rail
regional transportation authorities, and Interstate Compact shall be transferred to TESTER, Ms. MURKOWSKI, Mr. WARNER,
other State-established entities, responsible Amtrak. and Mr. ROMNEY)) to the bill H.R. 3684,
for the provision of passenger rail in the to authorize funds for Federal-aid high-
North Atlantic Rail Network region; and SA 2143. Mr. KAINE submitted an ways, highway safety programs, and
‘‘(E) freight railroads that host passenger amendment intended to be proposed to transit programs, and for other pur-
trains or operate freight trains over pas-
senger rail lines within the territory.
amendment SA 2137 proposed by Mr. poses; which was ordered to lie on the
‘‘(b) NORTH ATLANTIC RAIL NETWORK.— SCHUMER (for Ms. SINEMA (for herself, table; as follows:
‘‘(1) CREATION.—Notwithstanding the exist- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- On page 2160, between lines 17 and 18, insert
ing service along the Northeast Corridor, the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the following:
Compact shall construct a North Atlantic TESTER, Ms. MURKOWSKI, Mr. WARNER, (F) The eligible entity has demonstrated
Rail Network, which may include— and Mr. ROMNEY)) to the bill H.R. 3684, that the middle mile infrastructure will con-
‘‘(A) additional high-speed rail service be- nect historically black colleges and univer-
to authorize funds for Federal-aid high-
tween Boston and New York; sities and minority service institutions with
‘‘(B) a high-performance network of inter-
ways, highway safety programs, and other such colleges, universities, and institu-
city passenger rail transportation through- transit programs, and for other pur- tions for collaboration and resource sharing.
out the 7-State region; and poses; which was ordered to lie on the
‘‘(C) an integrated network of metropoli- table; as follows: SA 2145. Mr. WICKER submitted an
tan passenger rail transportation coordi- On page 203, strike line 17 and insert the amendment intended to be proposed to
nated with the high-speed rail service re- following: amendment SA 2137 proposed by Mr.
ferred to in subparagraph (A). the project is located on a Federal-aid high- SCHUMER (for Ms. SINEMA (for herself,
‘‘(2) AUTHORIZATIONS.—The Compact shall way. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
have the same authorities provided to inter- ‘‘(t) STATE OF GOOD REPAIR.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
state compacts in section 410 of the Amtrak ‘‘(1) IN GENERAL.—The Secretary shall not TESTER, Ms. MURKOWSKI, Mr. WARNER,
Reform and Accountability Act of 1997 (49 approve any project funded, in whole or in
and Mr. ROMNEY)) to the bill H.R. 3684,
U.S.C. 24101 note), including— part, with funds apportioned pursuant to sec-
‘‘(A) receiving appropriations— tion 104(b) that will result in new through
to authorize funds for Federal-aid high-
‘‘(i) to plan, design, engineer, and acquire travel lanes for single occupancy vehicles, ways, highway safety programs, and
property (including railroad rights-of-way); excluding auxiliary lanes and high occu- transit programs, and for other pur-
‘‘(ii) to conduct competitive procurements; pancy vehicle toll lanes pursuant to section poses; which was ordered to lie on the
‘‘(iii) to enter into construction contracts; 166, unless the State or project sponsor— table; as follows:
‘‘(iv) to form project labor agreements; and ‘‘(A) has demonstrated progress in achiev- Beginning on page 2173, strike line 24 and
‘‘(v) to construct a North Atlantic Rail ing a state of good repair as required by the all that follows through page 2174, line 11,
Network; State’s asset management plan under section and insert the following:
‘‘(B) utilizing all design-build and other al- 119(e) of this title; ‘‘(A) IN GENERAL.—A participating provider
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ternative procurement policies and practices ‘‘(B) demonstrates that the project— shall allow an eligible household to apply the
approved by the Department of Transpor- ‘‘(i) supports the achievement of perform- affordable connectivity benefit to any inter-
tation; ance targets of the State established under net service offering of the participating pro-
‘‘(C) utilizing existing authorities to expe- section 150; and vider at the same terms available to house-
dite reviews for infrastructure investment ‘‘(ii) is more cost effective, as determined holds that are not eligible households.
within existing rights of way under the Na- by benefit-cost analysis, than—
tional Environmental Policy Act of 1969 (42 ‘‘(I) an operational improvement to the fa- SA 2146. Mr. WICKER submitted an
U.S.C. 4321 et seq.); and cility or corridor; amendment intended to be proposed to
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5575
amendment SA 2137 proposed by Mr. entity that uses a middle mile grant to build On page 2080, strike lines 3 through 21 and
SCHUMER (for Ms. SINEMA (for herself, out terrestrial or fixed wireless middle mile insert the following:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- infrastructure shall use the most recent (n) JUDICIAL REVIEW.—The United States
broadband mapping data available from the District Court for the District of Columbia
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
FCC fixed broadband map. shall have exclusive jurisdiction to review a
TESTER, Ms. MURKOWSKI, Mr. WARNER,
and Mr. ROMNEY)) to the bill H.R. 3684, decision of the Assistant Secretary made
SA 2150. Mr. WICKER submitted an
under this section.
to authorize funds for Federal-aid high- amendment intended to be proposed to
ways, highway safety programs, and amendment SA 2137 proposed by Mr.
transit programs, and for other pur- SCHUMER (for Ms. SINEMA (for herself, SA 2151. Mr. WICKER submitted an
poses; which was ordered to lie on the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment intended to be proposed to
table; as follows: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. amendment SA 2137 proposed by Mr.
On page 2081, strike line 3 and all that fol- TESTER, Ms. MURKOWSKI, Mr. WARNER, SCHUMER (for Ms. SINEMA (for herself,
lows through ‘‘(3)’’ on line 7 and insert the and Mr. ROMNEY)) to the bill H.R. 3684, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
following: to authorize funds for Federal-aid high- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
Act’’); and ways, highway safety programs, and TESTER, Ms. MURKOWSKI, Mr. WARNER,
(2) transit programs, and for other pur- and Mr. ROMNEY)) to the bill H.R. 3684,
poses; which was ordered to lie on the to authorize funds for Federal-aid high-
SA 2147. Mr. WICKER submitted an
table; as follows: ways, highway safety programs, and
amendment intended to be proposed to
Beginning on page 2052, strike line 15 and transit programs, and for other pur-
amendment SA 2137 proposed by Mr. all that follows through page 2053, line 16,
SCHUMER (for Ms. SINEMA (for herself, poses; which was ordered to lie on the
and insert the following:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (f) USE OF FUNDS.—An eligible entity may
table; as follows:
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. use grant funds received under this section At the appropriate place, insert the fol-
TESTER, Ms. MURKOWSKI, Mr. WARNER, to competitively award subgrants for— lowing:
and Mr. ROMNEY)) to the bill H.R. 3684, (1) unserved service projects and under-
served service projects; SEC. lllll. GRANTS FOR BROADCAST INTER-
to authorize funds for Federal-aid high- (2) connecting eligible community anchor
NET AND PUBLIC TELEVISION.
ways, highway safety programs, and institutions; and (a) DEFINITIONS.—In this section:
transit programs, and for other pur- (3) installing internet and Wi-Fi infrastruc- (1) ASSISTANT SECRETARY.—The term ‘‘As-
poses; which was ordered to lie on the ture or providing reduced-cost broadband sistant Secretary’’ means the Assistant Sec-
table; as follows: within a multi-family residential building, retary of Commerce for Communications and
Strike section 90008. with priority given to a residential building Information.
that— (2) COMMISSION.—The term ‘‘Commission’’
SA 2148. Mr. WICKER submitted an (A) has a substantial share of unserved means the Federal Communications Com-
amendment intended to be proposed to households; or mission.
(B) is in a location in which the percentage (3) CONSTRUCTION PERMIT.—The term ‘‘con-
amendment SA 2137 proposed by Mr.
of individuals with a household income that struction permit’’ has meaning given the
SCHUMER (for Ms. SINEMA (for herself, is at or below 150 percent of the poverty line term in section 3 of the Communications Act
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- applicable to a family of the size involved (as of 1934 (47 U.S.C. 153).
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. determined under section 673(2) of the Com- (4) COVERED GRANT.—The term ‘‘covered
TESTER, Ms. MURKOWSKI, Mr. WARNER, munity Services Block Grant Act (42 U.S.C. grant’’ means a grant awarded under sub-
and Mr. ROMNEY)) to the bill H.R. 3684, 9902(2)) is higher than the national percent- section (b).
to authorize funds for Federal-aid high- age of such individuals. (5) ELIGIBLE BROADCASTER.—The term ‘‘eli-
Beginning on page 2053, strike line 18 and gible broadcaster’’ means a commercial or
ways, highway safety programs, and all that follows through page 2054, line 23,
transit programs, and for other pur- noncommercial broadcast television licensee
and insert the following: or permittee that was, before the date of en-
poses; which was ordered to lie on the (1) SUBGRANTEE OBLIGATIONS.—A sub- actment of this Act—
table; as follows: grantee, in carrying out activities using (A) licensed by the Commission; or
Beginning on page 2191, strike line 6 and amounts received from an eligible entity (B) granted a construction permit for a
all that follows through page 2192, line 12, under this section— station.
and insert the following: (A) shall adhere to quality-of-service (6) LICENSEE.—The term ‘‘licensee’’ has the
(b) NOTICE OF INQUIRY.—Not later than 2 standards, as established by the Assistant meaning given the term in section 3 of the
years after the date of enactment of this Secretary; Communications Act of 1934 (47 U.S.C. 153).
Act, the Commission shall initiate a notice (B) shall incorporate best practices, as de- (7) PERMITTEE.—The term ‘‘permitee’’
of inquiry examining obstacles to equal ac- fined by the Assistant Secretary, for ensur- means the holder of a television construction
cess to broadband internet access service, ing reliability and resilience of broadband permit granted by the Commission.
taking into account the issues of technical infrastructure; and (8) PUBLIC TELECOMMUNICATIONS ENTITY;
and economic feasibility presented by that (C) may not use the amounts to purchase PUBLIC TELECOMMUNICATIONS FACILITIES; PUB-
objective, including— or support— LIC TELECOMMUNICATIONS SERVICES.—The
(1) preventing digital discrimination of ac- (i) any covered communications equipment terms ‘‘public telecommunications entity’’,
cess based on income level, race, ethnicity, or service, as defined in section 9 of the Se- ‘‘public telecommunications facilities’’, and
color, religion, or national origin; and cure and Trusted Communications Networks ‘‘public telecommunications services’’ have
(2) identifying necessary steps for the Com- Act of 2019 (47 U.S.C. 1608); or the meanings given those terms in section
missions to take to eliminate discrimination (ii) fiber optic cable and optical trans- 397 of the Communications Act of 1934 (47
described in paragraph (1). mission equipment manufactured in the Peo- U.S.C. 397).
ple’s Republic of China.
SA 2149. Mr. WICKER submitted an Beginning on page 2060, strike line 17 and (b) BROADCAST INTERNET AND PUBLIC
amendment intended to be proposed to all that follows through page 2061, line 2, and BROADCASTING GRANTS.—
insert the following: (1) IN GENERAL.—The Assistant Secretary
amendment SA 2137 proposed by Mr. shall establish a program, to be known as
(D) NTIA AUTHORITY.—The Assistant Sec-
SCHUMER (for Ms. SINEMA (for herself, retary may modify the challenge process re- the ‘‘Broadcast Internet and Public Broad-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- quired under subparagraph (A) as necessary. casting Grant Program’’, under which the
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. On page 2071, strike lines 1 through 7 and Assistant Secretary makes grants—
TESTER, Ms. MURKOWSKI, Mr. WARNER, insert the following: (A) to eligible broadcasters to facilitate
and Mr. ROMNEY)) to the bill H.R. 3684, (6) RETURN OF FUNDS.—An entity that re- the construction of or reasonable upgrades
to authorize funds for Federal-aid high- ceives a subgrant from an eligible entity to facilities of those eligible broadcasters to
ways, highway safety programs, and under subsection (f) and fails to comply with enable the offering of broadcast services uti-
any requirement under this subsection dur- lizing the ATSC 3.0 broadcast television
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transit programs, and for other pur- ing the pendency of the grant shall, after standard, including datacasting enabled by
poses; which was ordered to lie on the being provided a reasonable opportunity to ATSC 3.0, as permitted under section 336 of
table; as follows: cure the violation, return an amount of the the Communications Act of 1934 (47 U.S.C.
Beginning on page 2162, strike line 10 and subgrant that is proportional to the gravity 336) and parts 73 and 74 of title 47, Code of
all that follows through page 2163, line 19, of the violation, up to the entire amount of Federal Regulations;
and insert the following: the subgrant, to the eligible entity, at the (B) to eligible broadcasters to facilitate
(i) USE OF MOST RECENT DATA.—In mapping discretion of the eligible entity or the As- the construction of or reasonable upgrades
out gaps in broadband coverage, an eligible sistant Secretary. to facilities of those eligible broadcasters to
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S5576 CONGRESSIONAL RECORD — SENATE August 2, 2021
enable the deployment of distributed trans- acting through the Administrator of the (2) the operational and administrative
mission systems (also known as ‘‘single fre- Rural Utilities Service, shall not determine costs of the service provided by the project
quency networks’’), as permitted under sec- that a project is ineligible for funding be- are projected to exceed the revenues gen-
tion 73.626 of title 47, Code of Federal Regula- cause the project has received funding from erated from ridership annually over the next
tions; and a State.’’. decade.
(C) in consultation with the Corporation (b) STATE FUNDS TO SATISFY MATCHING RE-
for Public Broadcasting, to public tele- QUIREMENTS.—For purposes of any matching SA 2155. Mr. CORNYN (for himself,
communications entities to facilitate the funds requirement under any program ad- Mr. PADILLA, and Ms. LUMMIS) sub-
construction, updates, replacement, and re- ministered by the Secretary of Agriculture, mitted an amendment intended to be
pair of public telecommunications facilities acting through the Administrator of the proposed to amendment SA 2137 pro-
to maintain or improve public telecommuni- Rural Utilities Service, an applicant for posed by Mr. SCHUMER (for Ms. SINEMA
cations services provided by those public funding under that program may use funds (for herself, Mr. PORTMAN, Mr.
telecommunications entities to the Amer- received from a State program (including
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
ican public through broadcast and digital funds received by a State from the Federal
Government) to satisfy the matching funds
Ms. COLLINS, Mr. TESTER, Ms. MUR-
distribution technologies.
(2) APPLICATION FOR GRANT.— requirement. KOWSKI, Mr. WARNER, and Mr. ROMNEY))
(A) IN GENERAL.—The Assistant Secretary to the bill H.R. 3684, to authorize funds
shall establish an application process for SA 2153. Ms. ERNST submitted an for Federal-aid highways, highway
covered grants. amendment intended to be proposed to safety programs, and transit programs,
(B) SELECTION PRIORITY.—In selecting amendment SA 2137 proposed by Mr. and for other purposes; which was or-
projects to be funded by a covered grant, the SCHUMER (for Ms. SINEMA (for herself, dered to lie on the table; as follows:
Assistant Secretary shall apply the criteria Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- At the appropriate place in division I, in-
established by the rules promulgated under sert the following:
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
subsection (c). SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-
(c) RULEMAKING.—Not later than 90 days TESTER, Ms. MURKOWSKI, Mr. WARNER, LIEF FUNDS FOR INFRASTRUCTURE
after the date of enactment of this Act, the and Mr. ROMNEY)) to the bill H.R. 3684, PROJECTS.
Assistant Secretary shall promulgate rules to authorize funds for Federal-aid high- (a) IN GENERAL.—Title VI of the Social Se-
that— ways, highway safety programs, and curity Act (42 U.S.C. 801 et seq.) is amend-
(1) establish the requirements for applica- transit programs, and for other pur- ed—
tions for covered grants; poses; which was ordered to lie on the (1) in section 601(d)—
(2) identify the criteria to be used by the (A) by redesignating paragraphs (1)
table; as follows:
Assistant Secretary in prioritizing projects; through (3) as subparagraphs (A) through (C),
(3) identify reasonable eligible costs to be At the appropriate place, insert the fol- respectively, and adjusting the margins ac-
presumptively approved by the Assistant lowing: cordingly;
Secretary in awarding covered grants; and SEC. ll. DISCLOSURE REQUIREMENTS FOR RE- (B) by striking ‘‘A State, Tribal govern-
CIPIENTS OF FUNDS. ment, and unit of local government’’ and in-
(4) establish procedures for the submission
and review of cost estimates and other mate- A grantee or subgrantee carrying out a serting the following:
rials related to those costs consistent with program, project, or activity that is, in ‘‘(1) IN GENERAL.—A State, Tribal govern-
the rules promulgated under this subsection. whole or in part, carried out using funds pro- ment, and unit of local government’’; and
(d) AUTHORIZATION OF APPROPRIATIONS.— vided by the Department of Energy or the (C) by adding at the end the following new
(1) IN GENERAL.—There is authorized to be Department of Transportation shall clearly paragraph:
appropriated to carry out this section state, to the extent possible, in any state- ‘‘(2) AUTHORITY TO USE FUNDS FOR CERTAIN
$5,000,000,000 for fiscal year 2022, to remain ment, press release, request for proposals, INFRASTRUCTURE PROJECTS.—
available until expended, of which— bid solicitation, or other document describ- ‘‘(A) IN GENERAL.—Notwithstanding any
(A) not more than $3,700,000,000 may be ing the program, project, or activity, other other provision of law, a State, Tribal gov-
used for grants under subsection (b)(1)(A); than a communication containing not more ernment, or unit of local government may
(B) not more than $1,000,000,000 maybe used than 280 characters— use funds provided under a payment made
for grants under subsection (b)(1)(B); and (1) the percentage of the total costs of the under this section for a project described in
(C) not more than $300,000,000 may be used program, project, or activity that will be fi- subparagraph (B), including—
for grants under subsection (b)(1)(C). nanced with funds provided by the Depart- ‘‘(i) in the case of a project described in
(2) ADMINISTRATION.—The Assistant Sec- ment of Energy or the Department of Trans- clause (xi), (xii), or (xiii) of that subpara-
retary may reserve not more than 4 percent portation; graph, to satisfy a non-Federal share re-
of the funds made available under paragraph (2) the dollar amount of the funds provided quirement applicable to such a project; and
(1) for reasonable administrative costs asso- by the Department of Energy or the Depart- ‘‘(ii) in the case of a project described in
ciated with the grant program established ment of Transportation made available for clause (xiii) of that subparagraph, to repay a
under subsection (b). the program, project, or activity; and loan provided under the program described in
(3) the percentage of the total costs of, and that clause.
SA 2152. Mr. GRASSLEY (for himself dollar amount for, the program, project, or ‘‘(B) PROJECTS DESCRIBED.—A project re-
activity that will be financed by nongovern- ferred to in subparagraph (A) is any of the
and Ms. KLOBUCHAR) submitted an
mental sources. following:
amendment intended to be proposed to ‘‘(i) A project eligible under section 133 of
amendment SA 2137 proposed by Mr. SA 2154. Ms. ERNST submitted an title 23, United States Code.
SCHUMER (for Ms. SINEMA (for herself, amendment intended to be proposed to ‘‘(ii) A project eligible under section 119 of
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment SA 2137 proposed by Mr. title 23, United States Code.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(iii) A project eligible under section 148 of
SCHUMER (for Ms. SINEMA (for herself,
TESTER, Ms. MURKOWSKI, Mr. WARNER, title 23, United States Code.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(iv) A project eligible under section 167 of
and Mr. ROMNEY)) to the bill H.R. 3684, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. title 23, United States Code.
to authorize funds for Federal-aid high- TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(v) A project eligible under section 149 of
ways, highway safety programs, and and Mr. ROMNEY)) to the bill H.R. 3684, title 23, United States Code.
transit programs, and for other pur- to authorize funds for Federal-aid high- ‘‘(vi) An activity to carry out section 134 of
poses; which was ordered to lie on the ways, highway safety programs, and title 23, United States Code.
table; as follows: ‘‘(vii) A project eligible under section 202
transit programs, and for other pur-
At the end of division F, add the following: of title 23, United States Code.
poses; which was ordered to lie on the ‘‘(viii) A project eligible under section 203
TITLE VI—STATE FUNDING UNDER RURAL table; as follows: of title 23, United States Code.
UTILITIES SERVICE PROGRAMS At the appropriate place in division C, in- ‘‘(ix) A project eligible under section 204 of
SEC. 60601. STATE FUNDING UNDER RURAL UTIL- sert the following: title 23, United States Code.
ITIES SERVICE PROGRAMS. SEC. llll. PROHIBITION ON USE OF FEDERAL ‘‘(x) A project eligible under section 165 of
(a) ELIGIBILITY OF PROJECTS THAT RECEIVE FUNDS FOR CERTAIN TRANSIT AND title 23, United States Code.
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STATE FUNDING.—Title VII of the Rural Elec- RAIL PROJECTS. ‘‘(xi) A project that receives a grant under
trification Act of 1936 (7 U.S.C. 950cc et seq.) Notwithstanding any other provision of section 117 of title 23, United States Code.
is amended by adding at the end the fol- law, the Secretary of Transportation shall ‘‘(xii) A project that receives a grant under
lowing: not provide any new assistance for a transit the program for national infrastructure in-
‘‘SEC. 704. ELIGIBILITY OF PROJECTS THAT RE- or rail project if— vestments (commonly known as the ‘Re-
CEIVE STATE FUNDING. (1) the overall cost projection to complete building American Infrastructure with Sus-
‘‘In administering any broadband or tele- the project exceeds the original cost projec- tainability and Equity (RAISE) grant pro-
communications program, the Secretary, tion by at least $1,000,000,000; and gram’).
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5577
‘‘(xiii) A project that receives credit assist- ‘‘(ix) A project eligible under section 204 of loan provided under the program described in
ance under the TIFIA program under chapter title 23, United States Code. that clause.
6 of title 23, United States Code. ‘‘(x) A project eligible under section 165 of ‘‘(B) PROJECTS DESCRIBED.—A project re-
‘‘(xiv) A project that receives a grant title 23, United States Code. ferred to in subparagraph (A) is any of the
under section 5309 of title 49, United States ‘‘(xi) A project that receives a grant under following:
Code. section 117 of title 23, United States Code. ‘‘(i) A project eligible under section 133 of
‘‘(xv) A project that receives a grant under ‘‘(xii) A project that receives a grant under title 23, United States Code.
section 5337 of title 49, United States Code. the program for national infrastructure in- ‘‘(ii) A project eligible under section 119 of
‘‘(xvi) A project that receives a grant vestments (commonly known as the ‘Re- title 23, United States Code.
under section 5339 of title 49, United States building American Infrastructure with Sus- ‘‘(iii) A project eligible under section 148 of
Code. tainability and Equity (RAISE) grant pro- title 23, United States Code.
‘‘(xvii) A project that receives a grant gram’). ‘‘(iv) A project eligible under section 167 of
under section 5307 of title 49, United States ‘‘(xiii) A project that receives credit assist- title 23, United States Code.
Code. ance under the TIFIA program under chapter ‘‘(v) A project eligible under section 149 of
‘‘(xviii) A project that receives a grant 6 of title 23, United States Code. title 23, United States Code.
under section 5311 of title 49, United States ‘‘(xiv) A project that receives a grant ‘‘(vi) An activity to carry out section 134 of
Code. under section 5309 of title 49, United States title 23, United States Code.
‘‘(xix) A project carried out using funds Code. ‘‘(vii) A project eligible under section 202
made available under title I of the Housing ‘‘(xv) A project that receives a grant under of title 23, United States Code.
and Community Development Act of 1974 (42 section 5337 of title 49, United States Code. ‘‘(viii) A project eligible under section 203
U.S.C. 5301 et seq.). ‘‘(xvi) A project that receives a grant of title 23, United States Code.
‘‘(C) NON-FEDERAL SHARE.—Notwith- under section 5339 of title 49, United States ‘‘(ix) A project eligible under section 204 of
standing any other provision of law, in the Code. title 23, United States Code.
case of a project described in clauses (i) ‘‘(xvii) A project that receives a grant ‘‘(x) A project eligible under section 165 of
through (x) of subparagraph (B) that is car- under section 5307 of title 49, United States title 23, United States Code.
ried out with funds provided under a pay- Code. ‘‘(xi) A project that receives a grant under
ment made under this section, the State, ‘‘(xviii) A project that receives a grant section 117 of title 23, United States Code.
Tribal government, or unit of local govern- under section 5311 of title 49, United States ‘‘(xii) A project that receives a grant under
ment shall not be required to provide a non- Code. the program for national infrastructure in-
Federal share. ‘‘(xix) A project that receives a grant vestments (commonly known as the ‘Re-
‘‘(D) AVAILABILITY.—Funds provided under under title I of the Housing and Community building American Infrastructure with Sus-
a payment made under this section to a Development Act of 1974 (42 U.S.C. 5301 et tainability and Equity (RAISE) grant pro-
State, Tribal government, or unit of local seq.). gram’).
government shall remain available for the ‘‘(C) NON-FEDERAL SHARE.—Notwith- ‘‘(xiii) A project that receives credit assist-
use described in subparagraph (A) after De- standing any other provision of law, in the ance under the TIFIA program under chapter
cember 31, 2021, to the extent that, not later case of a project described in clauses (i) 6 of title 23, United States Code.
than 1 year after the date of enactment of through (x) of subparagraph (B) that is car- ‘‘(xiv) A project that receives a grant
this paragraph, the State, Tribal govern- ried out with funds provided under a pay- under section 5309 of title 49, United States
ment, or unit of local government allocates ment made under this section, the State, ter- Code.
such funds (in accordance with a process to ritory, or Tribal government shall not be re- ‘‘(xv) A project that receives a grant under
be established by the Secretary) to a project quired to provide a non-Federal share. section 5337 of title 49, United States Code.
described in subparagraph (B).’’; ‘‘(D) AVAILABILITY.—Funds provided under ‘‘(xvi) A project that receives a grant
(2) in section 602— a payment made under this section to a under section 5339 of title 49, United States
(A) in subsection (a)(1), by inserting ‘‘(ex- State, territory, or Tribal government shall Code.
cept as provided in subsection (c)(4))’’ after remain available for the use described in ‘‘(xvii) A project that receives a grant
‘‘December 31, 2024’’; and subparagraph (A) after December 31, 2024, to under section 5307 of title 49, United States
(B) in subsection (c)— the extent that, not later than such date, the Code.
(i) in paragraph (1), in the matter pre- State, territory, or Tribal government allo- ‘‘(xviii) A project that receives a grant
ceding subparagraph (A), by striking ‘‘para- cates such funds (in accordance with a proc- under section 5311 of title 49, United States
graph (3)’’ and inserting ‘‘paragraphs (3) and ess to be established by the Secretary) to a Code.
(4)’’; and project described in subparagraph (B).’’; and ‘‘(xix) A project that receives a grant
(ii) by adding at the end the following new (C) in subsection (g)(1)(B), by striking under title I of the Housing and Community
paragraph: ‘‘have been expended or returned to, or re- Development Act of 1974 (42 U.S.C. 5301 et
‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN covered by, the Secretary.’’ and inserting the seq.).
INFRASTRUCTURE PROJECTS.— following: ‘‘have been— ‘‘(C) NON-FEDERAL SHARE.—Notwith-
‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(i) expended or returned to, or recovered standing any other provision of law, in the
other provision of law, a State, territory, or by, the Secretary; or case of a project described in clauses (i)
Tribal government receiving a payment ‘‘(ii) allocated by the State, territory, or through (x) of subparagraph (B) that is car-
under this section may use funds provided Tribal government for a project described in ried out with funds provided under a pay-
under such payment for a project described subparagraph (B) of subsection (c)(4) in ac- ment made under this section, the metro-
in subparagraph (B), including— cordance with subparagraph (D) of such sub- politan city, nonentitlement unit of local
‘‘(i) in the case of a project described in section.’’; and government, or county shall not be required
clause (xi), (xii), or (xiii) of that subpara- (3) in subsection 603— to provide a non-Federal share.
graph, to satisfy a non-Federal share re- (A) in subsection (a), by inserting ‘‘(except ‘‘(D) AVAILABILITY.—Funds provided under
quirement applicable to such a project; and as provided in subsection (c)(5))’’ after ‘‘De- a payment made under this section to a met-
‘‘(ii) in the case of a project described in cember 31, 2024’’; and ropolitan city, nonentitlement unit of local
clause (xiii) of that subparagraph, to repay a (B) in subsection (c)— government, or county shall remain avail-
loan provided under the program described in (i) in paragraph (1), in the matter pre- able for the use described in subparagraph
that clause. ceding subparagraph (A), by striking ‘‘para- (A) after December 31, 2024, to the extent
‘‘(B) PROJECTS DESCRIBED.—A project re- graphs (3) and (4)’’ and inserting ‘‘paragraphs that, not later than such date, the metro-
ferred to in subparagraph (A) is any of the (3), (4), and (5)’’; and politan city, nonentitlement unit of local
following: (ii) by adding at the end the following new government, or county allocates such funds
‘‘(i) A project eligible under section 133 of paragraph: (in accordance with a process to be estab-
title 23, United States Code. ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN lished by the Secretary) to a project de-
‘‘(ii) A project eligible under section 119 of INFRASTRUCTURE PROJECTS.— scribed in subparagraph (B).’’.
title 23, United States Code. ‘‘(A) IN GENERAL.—Notwithstanding any (b) TECHNICAL AMENDMENTS.—Sections
‘‘(iii) A project eligible under section 148 of other provision of law, a metropolitan city, 602(c)(3) and 603(c)(3) of title VI of the Social
title 23, United States Code. nonentitlement unit of local government, or Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
‘‘(iv) A project eligible under section 167 of county receiving a payment under this sec- each amended by striking ‘‘paragraph (17)
title 23, United States Code. tion may use funds provided under such pay-
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of’’.
‘‘(v) A project eligible under section 149 of ment for a project described in subparagraph (c) EFFECTIVE DATE.—The amendments
title 23, United States Code. (B), including— made by this section shall take effect as if
‘‘(vi) An activity to carry out section 134 of ‘‘(i) in the case of a project described in included in—
title 23, United States Code. clause (xi), (xii), or (xiii) of that subpara- (1) in the case of the amendments made by
‘‘(vii) A project eligible under section 202 graph, to satisfy a non-Federal share re- subsection (a)(1), the enactment of the
of title 23, United States Code. quirement applicable to such a project; and CARES Act (Public Law 116–136); and
‘‘(viii) A project eligible under section 203 ‘‘(ii) in the case of a project described in (2) in the case of the amendments made by
of title 23, United States Code. clause (xiii) of that subparagraph, to repay a paragraphs (2) and (3) of subsection (a) and
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S5578 CONGRESSIONAL RECORD — SENATE August 2, 2021
subsection (b), the enactment of the Amer- (1) SECURE PAYMENTS.—Section 101 of the gram to allow an applicable designee to ap-
ican Rescue Plan Act of 2021 (Public Law 117– Secure Rural Schools and Community Self- point members of resource advisory commit-
2). Determination Act of 2000 (16 U.S.C. 7111) is tees.
amended, in subsections (a) and (b), by strik- ‘‘(B) GEOGRAPHIC LIMITATION.—The regional
SA 2156. Mr. GRAHAM (for himself ing ‘‘2015, 2017, 2018, 2019, and 2020’’ each pilot program shall only apply to resource
and Mr. LUJÁN) submitted an amend- place it appears and inserting ‘‘2015 and 2017 advisory committees chartered in—
ment intended to be proposed to through 2023’’. ‘‘(i) the State of Montana; and
amendment SA 2137 proposed by Mr. (2) COUNTY PAYMENT ELECTIONS.—Section ‘‘(ii) the State of Arizona.
102(b) of the Secure Rural Schools and Com- ‘‘(C) RESPONSIBILITIES OF APPLICABLE DES-
SCHUMER (for Ms. SINEMA (for herself, munity Self-Determination Act of 2000 (16 IGNEE.—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- U.S.C. 7112(b)) is amended— ‘‘(i) REVIEW.—Before appointing a member
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (A) in paragraph (1)— of a resource advisory committee under the
TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) in subparagraph (A), by striking ‘‘and regional pilot program, an applicable des-
and Mr. ROMNEY)) to the bill H.R. 3684, August 1 of each second fiscal year there- ignee shall conduct the review and analysis
to authorize funds for Federal-aid high- after’’ and inserting ‘‘by August 1 of each that would otherwise be conducted for an ap-
ways, highway safety programs, and second fiscal year thereafter through fiscal pointment to a resource advisory committee
year 2021, and by September 30, 2022, for the if the regional pilot program was not in ef-
transit programs, and for other pur- payment for fiscal year 2022’’; and fect, including any review and analysis with
poses; which was ordered to lie on the (ii) in subparagraph (D)— respect to civil rights and budgetary require-
table; as follows: (I) in the subparagraph heading, by strik- ments.
At the appropriate place in division F, in- ing ‘‘2020’’ and inserting ‘‘2021’’; and ‘‘(ii) SAVINGS CLAUSE.—Nothing in this
sert the following: (II) by striking ‘‘2020’’ and inserting ‘‘2021’’; paragraph relieves an applicable designee
SEC. lllll. E-RATE SUPPORT FOR SCHOOL and from any requirement developed by the Sec-
BUS WI-FI. (B) in paragraph (2)— retary concerned for making an appointment
(a) DEFINITION.—In this section, the term (i) in subparagraph (A), by striking ‘‘2020’’ to a resource advisory committee that is in
‘‘school bus’’ means a passenger motor vehi- and inserting ‘‘2021’’; and effect on December 20, 2018, including any re-
cle that is— (ii) in subparagraph (B)— quirement for advertising a vacancy.
(1) designed to carry a driver and not less (I) by striking ‘‘2013, the election’’ and in- ‘‘(4) NATIONAL PILOT PROGRAM.—
than 5 passengers; and serting ‘‘2013’’; ‘‘(A) IN GENERAL.—The Secretary con-
(2) used significantly to transport early (II) by striking ‘‘2020’’ and inserting ‘‘2021’’; cerned shall carry out a national pilot pro-
child education, elementary school, or sec- (III) by striking ‘‘If a county elects’’ and gram to allow the Chief of the Forest Service
ondary school students to or from school or inserting the following: or the Director of the Bureau of Land Man-
an event related to school. ‘‘(i) ELECTION FOR FISCAL YEAR 2013.—A agement, as applicable, to submit to the Sec-
(b) RULEMAKING.—Notwithstanding the county election’’; and retary concerned nominations of individuals
limitations under paragraphs (1)(B) and (IV) by adding at the end the following: for appointment as members of resource ad-
(2)(A) of section 254(h) of the Communica- ‘‘(ii) ELECTION FOR FISCAL YEAR 2022.—A visory committees.
tions Act of 1934 (47 U.S.C. 254(h)) regarding county election to receive a share of the ‘‘(B) APPOINTMENT.—Under the national
the authorized recipients and uses of dis- State payment or county payment for fiscal pilot program, subject to subparagraph (C),
counted telecommunications services, not year 2022 shall be effective for each of fiscal not later than 30 days after the date on
later than 180 days after the date of enact- years 2022 and 2023.’’. which a nomination is transmitted to the
ment of this Act, the Federal Communica- (3) COUNTY ALLOCATION ELECTIONS.—Section Secretary concerned under subparagraph (A),
tions Commission shall commence a rule- 102(d) of the Secure Rural Schools and Com- the Secretary concerned shall—
making to make the provision of Wi-Fi ac- munity Self-Determination Act of 2000 (16 ‘‘(i) appoint the nominee to the applicable
cess on school buses eligible for support U.S.C. 7112(d)) is amended— resource advisory committee; or
under the E-rate program of the Commission (A) in subparagraph (F) of paragraph (1)— ‘‘(ii) reject the nomination.
set forth under subpart F of part 54 of title (i) in the subparagraph heading, by strik- ‘‘(C) AUTOMATIC APPOINTMENT.—If the Sec-
47, Code of Federal Regulations. ing ‘‘2020’’ and inserting ‘‘2021’’; and retary concerned does not act on a nomina-
(ii) by striking ‘‘2020’’ and inserting ‘‘2021’’; tion in accordance with subparagraph (B) by
SA 2157. Mr. CRAPO (for himself, Mr. and the date described in that subparagraph, the
WYDEN, and Mr. RISCH) submitted an (B) in subparagraph (D) of paragraph (3)— nominee shall be deemed appointed to the
(i) in the subparagraph heading, by strik- applicable resource advisory committee.
amendment intended to be proposed to
ing ‘‘2020’’ and inserting ‘‘2021’’; and ‘‘(D) GEOGRAPHIC LIMITATION.—The na-
amendment SA 2137 proposed by Mr. tional pilot program shall apply to a re-
(ii) by striking ‘‘2020’’ and inserting ‘‘2021’’.
SCHUMER (for Ms. SINEMA (for herself, source advisory committee chartered in any
(4) DISTRIBUTION OF PAYMENTS TO ELIGIBLE
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- COUNTIES.—Section 103(d)(2) of the Secure State other than—
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Rural Schools and Community Self-Deter- ‘‘(i) the State of Montana; or
TESTER, Ms. MURKOWSKI, Mr. WARNER, mination Act of 2000 (16 U.S.C. 7113(d)(2)) is ‘‘(ii) the State of Arizona.
and Mr. ROMNEY)) to the bill H.R. 3684, amended by striking ‘‘2020’’ and inserting ‘‘(E) SAVINGS CLAUSE.—Nothing in this
to authorize funds for Federal-aid high- ‘‘2023’’. paragraph relieves the Secretary concerned
(c) PILOT PROGRAM TO STREAMLINE NOMI- from any requirement relating to an ap-
ways, highway safety programs, and
NATION OF MEMBERS OF RESOURCE ADVISORY pointment to a resource advisory committee,
transit programs, and for other pur- COMMITTEES.—Section 205 of the Secure including any requirement with respect to
poses; which was ordered to lie on the Rural Schools and Community Self-Deter- civil rights or advertising a vacancy.
table; as follows: mination Act of 2000 (16 U.S.C. 7125) is ‘‘(5) TERMINATION OF EFFECTIVENESS.—The
Strike section 41202 of division D and in- amended by striking subsection (g) and in- authority provided under this subsection ter-
sert the following: serting the following: minates on October 1, 2023.
SEC. 41202.EXTENSION OF SECURE RURAL ‘‘(g) RESOURCE ADVISORY COMMITTEE AP- ‘‘(6) REPORT TO CONGRESS.—Not later 180
SCHOOLS AND COMMUNITY SELF- POINTMENT PILOT PROGRAMS.— days after the date described in paragraph
DETERMINATION ACT OF 2000. ‘‘(1) DEFINITIONS.—In this subsection: (5), the Secretary concerned shall submit to
(a) DEFINITION OF FULL FUNDING AMOUNT.— ‘‘(A) APPLICABLE DESIGNEE.—The term ‘ap- Congress a report that includes—
Section 3(11) of the Secure Rural Schools and plicable designee’ means the applicable re- ‘‘(A) with respect to appointments made
Community Self-Determination Act of 2000 gional forester. under the regional pilot program compared
(16 U.S.C. 7102(11)) is amended by striking ‘‘(B) NATIONAL PILOT PROGRAM.—The term to appointments made under the national
subparagraphs (D) and (E) and inserting the ‘national pilot program’ means the national pilot program, a description of the extent to
following: pilot program established under paragraph which—
‘‘(D) for fiscal year 2017, the amount that is (4)(A). ‘‘(i) appointments were faster or slower;
equal to 95 percent of the full funding ‘‘(C) REGIONAL PILOT PROGRAM.—The term and
amount for fiscal year 2015; ‘regional pilot program’ means the regional ‘‘(ii) the requirements described in para-
‘‘(E) for each of fiscal years 2018 through pilot program established under paragraph graph (3)(C)(i) differ; and
2020, the amount that is equal to 95 percent (3)(A).
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‘‘(B) a recommendation with respect to
of the full funding amount for the preceding ‘‘(2) ESTABLISHMENT OF PILOT PROGRAMS.— whether Congress should terminate, con-
fiscal year; and In accordance with paragraphs (3) and (4), tinue, modify, or expand the pilot pro-
‘‘(F) for fiscal year 2021 and each fiscal the Secretary concerned shall carry out 2 grams.’’.
year thereafter, the amount that is equal to pilot programs to appoint members of re- (d) EXTENSION OF AUTHORITY TO CONDUCT
the full funding amount for fiscal year source advisory committees. SPECIAL PROJECTS ON FEDERAL LAND.—
2017.’’. ‘‘(3) REGIONAL PILOT PROGRAM.— (1) EXISTING ADVISORY COMMITTEES.—Sec-
(b) SECURE PAYMENTS FOR STATES AND ‘‘(A) IN GENERAL.—The Secretary con- tion 205(a)(4) of the Secure Rural Schools and
COUNTIES CONTAINING FEDERAL LAND.— cerned shall carry out a regional pilot pro- Community Self-Determination Act of 2000
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5579
(16 U.S.C. 7125(a)(4)) is amended by striking was ordered to lie on the table; as fol- (B) A labor or labor-management organiza-
‘‘December 20, 2021’’ each place it appears lows: tion with experience working in the tele-
and inserting ‘‘December 20, 2023’’. On page 2386, strike lines 14 through 19 and communications industry or a similar indus-
(2) EXTENSION OF AUTHORITY.—Section 208 insert the following: try.
of the Secure Rural Schools and Community ‘‘(3) CLEAN SCHOOL BUS.—The term ‘clean (C) The Telecommunications Industry Reg-
Self-Determination Act of 2000 (16 U.S.C. school bus’ means a school bus that the Ad- istered Apprenticeship Program.
7128) is amended— ministrator certifies reduces emissions and (D) A nonprofit organization dedicated to
(A) in subsection (a), by striking ‘‘2022’’ is operated entirely or in part using an alter- helping individuals gain employment in the
and inserting ‘‘2025’’; and native fuel. telecommunications industry.
(B) in subsection (b), by striking ‘‘2023’’ On page 2390, line 6, insert ‘‘cost’’ before (E) A community or technical college with
and inserting ‘‘2026’’. ‘‘competitive’’. experience in providing workforce develop-
(e) ACCESS TO BROADBAND AND OTHER TECH- On page 2390, lines 23 and 24, strike ‘‘and ment for individuals seeking employment in
NOLOGY.—Section 302(a) of the Secure Rural zero-emission school buses’’. the telecommunications industry or a simi-
Schools and Community Self-Determination On page 2392, line 7, strike ‘‘or’’. lar industry.
Act of 2000 (16 U.S.C. 7142(a)) is amended— On page 2392, strike line 14 and insert the (F) A Federal agency laboratory special-
(1) in paragraph (3), by striking ‘‘and’’ at following: izing in telecommunications technology.
the end; ‘‘(iii) issuance of school bonds; or (4) FUND.—The term ‘‘Fund’’ means the
(2) in paragraph (4), by striking the period ‘‘(D) propose to replace school buses with Telecommunications Workforce Training
at the end and inserting ‘‘; and’’; and clean school buses that utilize alternative Grant Program Fund established under sub-
(3) by adding at the end the following: fuels created in the United States. section (d)(1).
‘‘(5) to provide or expand access to— On page 2397, lines 5 and 6, strike ‘‘and (5) GRANT PROGRAM.—The term ‘‘Grant
‘‘(A) broadband telecommunications serv- zero-emission school buses’’. Program’’ means the Telecommunications
ices at local schools; or Workforce Training Grant Program estab-
‘‘(B) the technology and connectivity nec- SA 2159. Mr. WICKER submitted an lished under subsection (c).
essary for students to use a digital learning amendment intended to be proposed to (6) HISTORICALLY BLACK COLLEGE OR UNI-
tool at or outside of a local school campus.’’. amendment SA 2137 proposed by Mr. VERSITY.—The term ‘‘historically Black col-
(f) EXTENSION OF AUTHORITY TO EXPEND SCHUMER (for Ms. SINEMA (for herself, lege or university’’ has the meaning given
COUNTY FUNDS.—Section 304 of the Secure Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the term ‘‘part B institution’’ in section 322
Rural Schools and Community Self-Deter- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. of the Higher Education Act of 1965 (20 U.S.C.
mination Act of 2000 (16 U.S.C. 7144) is TESTER, Ms. MURKOWSKI, Mr. WARNER, 1061).
amended— and Mr. ROMNEY)) to the bill H.R. 3684, (7) INDUSTRY FIELD ACTIVITIES.—The term
(1) in subsection (a), by striking ‘‘2022’’ and ‘‘industry field activities’’ means activities
to authorize funds for Federal-aid high-
inserting ‘‘2025’’; and at active telecommunications, cable, and
(2) in subsection (b), by striking ‘‘2023’’ and ways, highway safety programs, and
broadband network worksites, such as tow-
inserting ‘‘2026’’. transit programs, and for other pur- ers, construction sites, and network manage-
(g) AMOUNTS OBLIGATED BUT UNSPENT; PRO- poses; which was ordered to lie on the ment hubs.
HIBITION ON USE OF FUNDS.—Title III of the table; as follows: (8) INDUSTRY PARTNER.—The term ‘‘indus-
Secure Rural Schools and Community Self- At the end of division F, add the following: try partner’’ means an entity described in
Determination Act of 2000 (16 U.S.C. 7141 et TITLE VI—NO REGULATION OF RATES subparagraphs (A) through (F) of paragraph
seq.) is amended— PERMITTED (3) with which an eligible entity forms a
(1) by redesignating section 304 as section SEC. 60601. NO REGULATION OF RATES PER- partnership to carry out a training program.
305; and MITTED. (9) MINORITY-SERVING INSTITUTION.—The
(2) by inserting after section 303 the fol- Nothing in this division may be construed term ‘‘minority-serving institution’’ means
lowing: to authorize any Federal or State agency or an institution described in section 371(a) of
‘‘SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; entity to regulate the rates charged for the Higher Education Act of 1965 (20 U.S.C.
PROHIBITION ON USE OF FUNDS. broadband service. 1067q(a)).
‘‘(a) AMOUNTS OBLIGATED BUT UNSPENT.— (10) TRAINING PROGRAM.—The term ‘‘train-
Any county funds that were obligated by the SA 2160. Mr. WICKER submitted an ing program’’ means a credit or non-credit
applicable participating county before Octo- amendment intended to be proposed to program developed by an eligible entity, in
ber 1, 2017, but are unspent on October 1, amendment SA 2137 proposed by Mr. partnership with an industry partner, that—
2020— SCHUMER (for Ms. SINEMA (for herself, (A) is designed to educate and train stu-
‘‘(1) may, at the option of the participating dents to participate in the telecommuni-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
county, be deemed to have been reserved by cations workforce; and
the participating county on October 1, 2020, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(B) includes a curriculum and apprentice-
for expenditure in accordance with this title; TESTER, Ms. MURKOWSKI, Mr. WARNER, ship or internship opportunities that can
and and Mr. ROMNEY)) to the bill H.R. 3684, also be paired with—
‘‘(2)(A) may be used by the participating to authorize funds for Federal-aid high- (i) a degree program; or
county for any authorized use under section ways, highway safety programs, and (ii) stacked credentialing toward a degree.
302(a); and transit programs, and for other pur- (11) TRIBAL COLLEGE OR UNIVERSITY.—The
‘‘(B) on a determination by the partici- poses; which was ordered to lie on the term ‘‘Tribal College or University’’ has the
pating county under subparagraph (A) to use table; as follows: meaning given the term in section 316(b)(3)
the county funds, shall be available for of the Higher Education Act of 1965 (20 U.S.C.
At the appropriate place in division F, in-
projects initiated after October 1, 2020, sub- 1059c(b)(3)).
sert the following:
ject to section 305. (c) PROGRAM.—The Assistant Secretary,
SEC. lll. TELECOMMUNICATIONS WORKFORCE
‘‘(b) PROHIBITION ON USE OF FUNDS.—Not- acting through the Office of Minority
TRAINING GRANT PROGRAM.
withstanding any other provision of law, ef- Broadband Initiatives established under sec-
(a) SHORT TITLE.—This section may be
fective beginning on the date of enactment tion 902(b)(1) of division N of the Consoli-
cited as the ‘‘Improving Minority Participa-
of the Infrastructure Investment and Jobs dated Appropriations Act, 2021 (Public Law
tion And Careers in Telecommunications
Act, no county funds made available under 116–260), shall establish a program, to be
Act’’ or the ‘‘IMPACT Act’’.
this title may be used by any participating (b) DEFINITIONS.—In this section: known as the ‘‘Telecommunications Work-
county for any lobbying activity, regardless (1) ASSISTANT SECRETARY.—The term ‘‘As- force Training Grant Program’’, under which
of the purpose for which the funds are obli- sistant Secretary’’ means the Assistant Sec- the Assistant Secretary awards grants to eli-
gated on or before that date.’’. retary of Commerce for Communications and gible entities to develop training programs.
Information. (d) FUND.—
SA 2158. Ms. ERNST (for herself and (2) COVERED GRANT.—The term ‘‘covered (1) ESTABLISHMENT.—There is established
Mr. MORAN) submitted an amendment grant’’ means a grant awarded under sub- in the Treasury of the United States a fund
intended to be proposed to amendment section (c). to be known as the ‘‘Telecommunications
SA 2137 proposed by Mr. SCHUMER (for (3) ELIGIBLE ENTITY.—The term ‘‘eligible Workforce Training Grant Program Fund’’.
Ms. SINEMA (for herself, Mr. PORTMAN, entity’’ means a historically Black college (2) AVAILABILITY.—Amounts in the Fund
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Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- or university, Tribal College or University, shall be available to the Assistant Secretary
or minority-serving institution, or a consor- to carry out the Grant Program.
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
tium of such entities, that forms a partner- (e) APPLICATION.—
MURKOWSKI, Mr. WARNER, and Mr. ROM-
ship with 1 or more of the following entities (1) IN GENERAL.—An eligible entity desiring
NEY)) to the bill H.R. 3684, to authorize to carry out a training program: a covered grant shall submit an application
funds for Federal-aid highways, high- (A) A member of the telecommunications to the Assistant Secretary at such time, in
way safety programs, and transit pro- industry, such as a company or industry as- such manner, and containing such informa-
grams, and for other purposes; which sociation. tion as the Assistant Secretary may require.
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S5580 CONGRESSIONAL RECORD — SENATE August 2, 2021
(2) CONTENTS.—An eligible entity shall in- (C) public 2-year community or technical ment intended to be proposed to
clude in an application under paragraph (1)— colleges that have a written agreement with amendment SA 2137 proposed by Mr.
(A) a commitment from the industry part- 1 or more apprenticeship programs. SCHUMER (for Ms. SINEMA (for herself,
ner of the eligible entity to collaborate with (h) RULES.—Not later than 180 days after
the date of enactment of this Act, after pro-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
the eligible entity to develop a training pro-
viding public notice and an opportunity to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
gram, including curricula and internships or
apprenticeships; comment, the Assistant Secretary, in con- TESTER, Ms. MURKOWSKI, Mr. WARNER,
(B) a description of how the eligible entity sultation with the Secretary of Labor and and Mr. ROMNEY)) to the bill H.R. 3684,
plans to use the covered grant, including the the Secretary of Education, shall issue final to authorize funds for Federal-aid high-
type of training program the eligible entity rules governing the Grant Program. ways, highway safety programs, and
plans to develop; (i) TERM.—The Assistant Secretary shall transit programs, and for other pur-
(C) a plan for recruitment of students and establish the term of a covered grant, which poses; which was ordered to lie on the
potential students to participate in the may not be less than 5 years.
(j) GRANTEE REPORTS.—During the term of table; as follows:
training program; At the appropriate place in division D, in-
(D) a plan to increase female student par- a covered grant received by an eligible enti-
ty, the eligible entity shall submit to the As- sert the following:
ticipation in the training program of the eli- SEC. llll. ELIGIBILITY OF CERTAIN AREAS TO
gible entity; and sistant Secretary a semiannual report that,
with respect to the preceding 6-month pe- RECEIVE PICK-SLOAN MISSOURI
(E) a description of potential jobs to be se- BASIN PROGRAM PUMPING POWER.
cured through the training program, includ- riod—
Section 5(a) of Public Law 89–108 (79 Stat.
ing jobs in the communities surrounding the (1) describes how the eligible entity used
435; 100 Stat. 419; 114 Stat. 2763A–284) is
eligible entity. the covered grant amounts;
amended by adding at the end the following:
(2) describes the progress the eligible enti-
(f) USE OF FUNDS.—An eligible entity may ‘‘(6) ELIGIBILITY OF CERTAIN IRRIGATION DIS-
ty made in developing and executing the
use a covered grant, with respect to the TRICTS TO RECEIVE PUMPING POWER.—
training program of the eligible entity;
training program of the eligible entity, to— ‘‘(A) DEFINITION OF ELIGIBLE IRRIGATION
(3) describes the number of faculty and stu-
(1) hire faculty members to teach courses DISTRICT.—In this paragraph, the term ‘eligi-
dents participating in the training program ble irrigation district’ means an irrigation
in the training program;
of the eligible entity; district that is located in—
(2) train faculty members to prepare stu-
(4) describes the partnership with the in- ‘‘(i) the test area referred to in paragraph
dents for employment in jobs related to the
dustry partner of the eligible entity, includ- (1); or
deployment of next-generation wired and
ing— ‘‘(ii) an area within the 28,000-acre area de-
wireless communications networks, includ-
(A) the commitments and in-kind contribu- scribed in paragraph (3) that is analyzed by
ing 5G networks, hybrid fiber-coaxial net-
tions made by the industry partner; and the Secretary but not developed under that
works, and fiber infrastructure, particularly
(B) the role of the industry partner in cur- paragraph.
in—
riculum development, the degree program, ‘‘(B) ELIGIBILITY.—An eligible irrigation
(A) broadband and wireless network engi-
and internships and apprenticeships; and district shall be eligible to receive Pick-
neering;
(5) includes data on internship, apprentice- Sloan Missouri Basin Program pumping
(B) network deployment and maintenance;
ship, and employment opportunities and power—
(C) industry field activities; and
placements. ‘‘(i) subject to any terms and at any rates
(D) cybersecurity; (k) OVERSIGHT.—
(3) design and develop curricula and other established by the Secretary; and
(1) AUDITS.—The Inspector General of the
components necessary for degrees, courses, ‘‘(ii) in accordance with a contract entered
Department of Commerce shall audit the
or programs of study, including certificate into under subparagraph (C).
Grant Program in order to—
programs and credentialing programs, that ‘‘(C) CONTRACT.—
(A) ensure that eligible entities use cov-
comprise the training program; ‘‘(i) IN GENERAL.—Subject to clause (ii), the
ered grant amounts in accordance with—
(4) pay for costs associated with instruc- Secretary may enter into a contract with an
(i) the requirements of this section; and
tion under the training program, including eligible irrigation district to provide Pick-
(ii) the overall purpose of the Grant Pro-
the costs of equipment, telecommunications Sloan Missouri Basin Program pumping
gram, as described in subsection (c); and
training towers, laboratory space, classroom power to the eligible irrigation district.
(B) prevent waste, fraud, and abuse in the
space, and instructional field activities; ‘‘(ii) REQUIREMENT.—No Pick-Sloan Mis-
operation of the Grant Program.
(5) fund scholarships, student internships, souri Basin Program pumping power may be
(2) REVOCATION OF FUNDS.—The Assistant
apprenticeships, and pre-apprenticeship op- delivered to an eligible irrigation district
Secretary shall revoke a grant awarded to an
portunities; under this paragraph until the date on which
eligible entity that is not in compliance with
(6) recruit students for the training pro- a contract authorizing the delivery to the ir-
the requirements of this section or the over-
gram; and rigation district is executed under clause
all purpose of the Grant Program, as de-
(7) support the enrollment in the training (i).’’.
scribed in subsection (c).
program of individuals working in the tele- (l) ANNUAL REPORT TO CONGRESS.—Each
communications industry in order to ad- SA 2162. Mr. THUNE (for himself, Mr.
year, until all covered grants have expired,
vance professionally in the industry. TESTER, Mr. MORAN, Mr. PETERS, and
the Assistant Secretary shall submit to Con-
(g) GRANT AWARDS.— gress a report that— Mr. KING) submitted an amendment in-
(1) DEADLINE.—Not later than 2 years after (1) identifies each eligible entity that re- tended to be proposed to amendment
the date on which amounts are appropriated ceived a covered grant and the amount of the SA 2137 proposed by Mr. SCHUMER (for
to the Fund pursuant to subsection (m), the covered grant; Ms. SINEMA (for herself, Mr. PORTMAN,
Assistant Secretary shall award all covered (2) describes the progress each eligible en- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
grants. tity described in paragraph (1) has made to- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
(2) MINIMUM ALLOCATION TO CERTAIN ENTI- ward accomplishing the overall purpose of MURKOWSKI, Mr. WARNER, and Mr. ROM-
TIES.—The Assistant Secretary shall award the Grant Program, as described in sub- NEY)) to the bill H.R. 3684, to authorize
not less than— section (c);
(A) 30 percent of covered grant amounts to
funds for Federal-aid highways, high-
(3) summarizes the job placement status or
historically Black colleges or universities; way safety programs, and transit pro-
apprenticeship opportunities of students who
and have participated in the training program of grams, and for other purposes; as fol-
(B) 30 percent of covered grant amounts to the eligible entity; and lows:
Tribal Colleges or Universities. (4) includes the findings of any audits con- At the end of division F, insert the fol-
(3) EVALUATION CRITERIA.—As part of the ducted by the Inspector General of the De- lowing:
final rules issued under subsection (h), the partment of Commerce under subsection TITLE VI—TELECOMMUNICATIONS
Assistant Secretary shall develop criteria for (k)(1) that were not included in the previous INDUSTRY WORKFORCE
evaluating applications for covered grants. report submitted under this subsection. SEC. 60601. SHORT TITLE.
(4) COORDINATION.—The Assistant Sec- (m) AUTHORIZATION OF APPROPRIATIONS.— This title may be cited as the ‘‘Tele-
retary shall ensure that grant amounts (1) IN GENERAL.—There is authorized to be communications Skilled Workforce Act’’.
awarded under paragraph (2) are coordinated appropriated to the Fund a total of SEC. 60602. TELECOMMUNICATIONS INTER-
with grant amounts provided under section $100,000,000 for fiscal years 2022 through 2027,
SSpencer on DSK126QN23PROD with SENATE
AGENCY WORKING GROUP.
902 of division N of the Consolidated Appro- to remain available until expended. (a) IN GENERAL.—Part I of title III of the
priations Act, 2021 (Public Law 116–260). (2) ADMINISTRATION.—The Assistant Sec- Communications Act of 1934 (47 U.S.C. 301 et
(5) CONSTRUCTION.—In awarding covered retary may use not more than 2 percent of seq.) is amended by adding at the end the fol-
grants for training or education relating to the amounts appropriated to the Fund for lowing:
construction, the Assistant Secretary may the administration of the Grant Program. ‘‘SEC. 344. TELECOMMUNICATIONS INTERAGENCY
prioritize applicants that partner with— WORKING GROUP.
(A) apprenticeship programs; SA 2161. Mr. CRAMER (for himself ‘‘(a) DEFINITION.—In this section, the term
(B) pre-apprenticeship programs; or and Mr. HOEVEN) submitted an amend- ‘telecommunications interagency working
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5581
group’ means the interagency working group maintenance, appointed by the Secretary of ‘‘(4) PUBLIC POSTING.—The Commission and
established under subsection (b)(1). Labor. the Secretary of Labor shall make a copy of
‘‘(b) ESTABLISHMENT.— ‘‘(5) A representative of a telecommuni- the report submitted under paragraph (1)
‘‘(1) IN GENERAL.—Not later than 60 days cations industry association, appointed by available to the public on the websites of the
after the date of enactment of this section, the Chairman of the Commission. Commission and the Department of Labor,
the Chairman of the Commission, in partner- ‘‘(6) A representative of an Indian Tribe or respectively.
ship with the Secretary of Labor, shall es- Tribal organization, appointed by the Chair- ‘‘(h) NONAPPLICABILITY OF FACA.—The
tablish within the Commission an inter- man of the Commission. Federal Advisory Committee Act (5 U.S.C.
agency working group to develop rec- ‘‘(7) A representative of a rural tele- App.) shall not apply to the telecommuni-
ommendations to address the workforce communications carrier, appointed by the cations interagency working group.’’.
needs of the telecommunications industry, Chairman of the Commission. (b) SUNSET.—Section 344 of the Commu-
including the safety of that workforce. ‘‘(8) A representative of a telecommuni- nications Act of 1934, as added by subsection
‘‘(2) DATE OF ESTABLISHMENT.—The tele- cations contractor firm, appointed by the (a), shall be repealed on the day after the
communications interagency working group Chairman of the Commission. date on which the interagency working
shall be considered established on the date ‘‘(9) A representative of an institution of group established under subsection (b)(1) of
on which a majority of the members of the higher education described in section 371(a) that section submits the report to Congress
working group have been appointed, con- of the Higher Education Act of 1965 (20 U.S.C. under subsection (g) of that section.
sistent with subsection (d). 1067q(a)), appointed by the Secretary of Edu- SEC. 60603. TELECOMMUNICATIONS WORKFORCE
‘‘(c) DUTIES.—In developing recommenda- cation. GUIDANCE.
tions under subsection (b), the telecommuni- ‘‘(10) A public interest advocate for tower
cations interagency working group shall— Not later than 1 year after the date of en-
climber safety, appointed by the Secretary actment of this Act, the Secretary of Labor,
‘‘(1) determine whether, and if so how, any of Labor.
Federal laws, regulations, guidance, policies, in partnership with the Chairman of the Fed-
‘‘(11) A representative of the Directorate of
or practices, or any budgetary constraints, eral Communications Commission, shall es-
Construction of the Occupational Safety and
may be amended to strengthen the ability of tablish and issue guidance on how States can
Health Administration, appointed by the
institutions of higher education (as defined address the workforce needs and safety of
Secretary of Labor.
in section 101 of the Higher Education Act of the telecommunications industry, including
‘‘(12) A representative of a labor organiza-
1965 (20 U.S.C. 1001)) or for-profit businesses guidance on how a State workforce develop-
tion representing the telecommunications
to establish, adopt, or expand programs in- ment board established under section 101 of
workforce, appointed by the Secretary of
tended to address the workforce needs of the the Workforce Innovation and Opportunity
Labor.
telecommunications industry, including the ‘‘(e) NO COMPENSATION.—A member of the Act (29 U.S.C. 3111) can—
workforce needed to build and maintain the telecommunications interagency working (1) utilize Federal resources available to
5G wireless infrastructure necessary to sup- group shall serve without compensation. States to meet the workforce needs of the
port 5G wireless technology; ‘‘(f) OTHER MATTERS.— telecommunications industry;
‘‘(2) identify potential policies and pro- ‘‘(1) CHAIR AND VICE CHAIR.—The tele- (2) promote and improve recruitment in
grams that could encourage and improve co- communications interagency working group workforce development programs in the tele-
ordination among Federal agencies, between shall name a chair and a vice chair, who communications industry; and
Federal agencies and States, and among shall be responsible for organizing the busi- (3) ensure the safety of the telecommuni-
States, on telecommunications workforce ness of the working group. cations workforce, including tower climbers.
needs; ‘‘(2) SUBGROUPS.—The chair and vice chair SEC. 60604. GAO ASSESSMENT OF WORKFORCE
‘‘(3) identify ways in which existing Fed- of the telecommunications interagency NEEDS OF THE TELECOMMUNI-
working group, in consultation with the CATIONS INDUSTRY.
eral programs, including programs that help
facilitate the employment of veterans and other members of the telecommunications (a) DEFINITIONS.—In this section, the term
military personnel transitioning into civil- interagency working group, may establish ‘‘appropriate congressional committees’’
ian life, could be leveraged to help address such subgroups as necessary to help conduct means—
the workforce needs of the telecommuni- the work of the telecommunications inter- (1) the Committee on Commerce, Science,
cations industry; agency working group. and Transportation of the Senate;
‘‘(4) identify ways to improve recruitment ‘‘(3) SUPPORT.—The Commission and the (2) the Committee on Health, Education,
in workforce development programs in the Secretary of Labor may detail employees of Labor, and Pensions of the Senate;
telecommunications industry; the Commission and the Department of (3) the Committee on Energy and Com-
‘‘(5) identify Federal incentives that could Labor, respectively, to assist and support the merce of the House of Representatives; and
be provided to institutions of higher edu- work of the telecommunications interagency (4) the Committee on Education and Labor
cation, for-profit businesses, State workforce working group, though such a detailee shall of the House of Representatives.
development boards established under sec- not be considered to be a member of the (b) REPORT.—Not later than 180 days after
tion 101 of the Workforce Innovation and Op- working group. the date of enactment of this Act, the Comp-
portunity Act (29 U.S.C. 3111), or other rel- ‘‘(g) REPORT TO CONGRESS.— troller General of the United States shall
evant stakeholders to establish or adopt new ‘‘(1) REPORT TO CONGRESS.—Not later than 1 submit to the appropriate congressional
programs, expand current programs, or part- year after the date on which the tele- committees a report that estimates the num-
ner with registered apprenticeship programs, communications interagency working group ber of skilled telecommunications workers
to address the workforce needs of the tele- is established, the working group shall sub- that will be required to build and maintain—
communications industry, including such mit a report containing its recommendations (1) broadband infrastructure in rural areas,
needs in rural areas; to address the workforce needs of the tele- including estimates based on—
‘‘(6) identify ways to improve the safety of communications industry to— (A) current need; and
telecommunications workers, including ‘‘(A) the Committee on Commerce, (B) projected need, if Congress enacts legis-
tower climbers; and Science, and Transportation of the Senate; lation that accelerates broadband infrastruc-
‘‘(7) identify ways that trends in wages, ‘‘(B) the Committee on Health, Education, ture construction in the United States; and
benefits, and working conditions in the tele- Labor, and Pensions of the Senate; (2) the wireless infrastructure needed to
communications industry impact recruit- ‘‘(C) the Committee on Energy and Com- support 5G wireless technology.
ment of employees in the sector. merce of the House of Representatives; ---
‘‘(d) MEMBERS.—The telecommunications ‘‘(D) the Committee on Education and SA 2163. Mr. CARDIN (for himself,
interagency working group shall be com- Labor of the House of Representatives; Mr. SCOTT of South Carolina, Mr.
posed of the following representatives of ‘‘(E) the Department of Labor; and WICKER, and Ms. CANTWELL) submitted
Federal agencies and relevant non-Federal ‘‘(F) the Commission. an amendment intended to be proposed
industry and labor stakeholder organiza- ‘‘(2) MAJORITY SUPPORT.—The tele-
tions:
to amendment SA 2137 proposed by Mr.
communications interagency working group
‘‘(1) A representative of the Department of may not submit the report under paragraph SCHUMER (for Ms. SINEMA (for herself,
Education, appointed by the Secretary of (1) unless the report has the support of not Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
Education. less than the majority of the members of the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(2) A representative of the National Tele- working group. TESTER, Ms. MURKOWSKI, Mr. WARNER,
communications and Information Adminis- ‘‘(3) VIEWS.—The telecommunications and Mr. ROMNEY)) to the bill H.R. 3684,
SSpencer on DSK126QN23PROD with SENATE
tration, appointed by the Assistant Sec- interagency working group shall— to authorize funds for Federal-aid high-
retary of Commerce for Communications and ‘‘(A) include with the report submitted ways, highway safety programs, and
Information. under paragraph (1) any concurring or dis-
‘‘(3) A representative of the Commission,
transit programs, and for other pur-
senting view offered by a member of the
appointed by the Chairman of the Commis- working group; and poses; which was ordered to lie on the
sion. ‘‘(B) identify each member to whom each table; as follows:
‘‘(4) A representative of a registered ap- concurring or dissenting view described in At the appropriate place, insert the fol-
prenticeship program in construction or subparagraph (A) should be attributed. lowing:
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S5582 CONGRESSIONAL RECORD — SENATE August 2, 2021
DIVISION lll—MINORITY BUSINESS (i) the status of the business enterprise as (B) Federal procurement;
DEVELOPMENT a for-profit or not-for-profit enterprise; or (C) entrepreneurship;
SEC. llll01. SHORT TITLE. (ii) the annual revenue of the business en- (D) technology transfer; or
This division may be cited as the ‘‘Minor- terprise. (E) any other area determined necessary or
ity Business Development Act of 2021’’. (10) NATIVE ENTITY.—The term ‘‘Native en- appropriate based on the priorities of the
SEC. llll02. DEFINITIONS. tity’’ means— Agency.
In this division: (A) a Tribal Government; (17) STATE.—The term ‘‘State’’ means—
(1) AGENCY.—The term ‘‘Agency’’ means (B) an Alaska Native village or Regional or (A) each of the States of the United States;
the Minority Business Development Agency Village Corporation, as defined in or estab- (B) the District of Columbia;
of the Department of Commerce. lished pursuant to the Alaska Native Claims (C) the Commonwealth of Puerto Rico;
(2) COMMUNITY-BASED ORGANIZATION.—The Settlement Act (43 U.S.C. 1601 et seq.); (D) the United States Virgin Islands;
term ‘‘community-based organization’’ has (C) a Native Hawaiian organization, as (E) Guam;
the meaning given the term in section 8101 of that term is defined in section 6207 of the El- (F) American Samoa;
the Elementary and Secondary Education ementary and Secondary Education Act of (G) the Commonwealth of the Northern
Act of 1965 (20 U.S.C. 7801). 1965 (20 U.S.C. 7517); Mariana Islands; and
(3) ELIGIBLE ENTITY.—Except as otherwise (D) the Department of Hawaiian Home (H) each Tribal Government.
expressly provided, the term ‘‘eligible enti- Lands; and (18) TRIBAL GOVERNMENT.—The term ‘‘Trib-
ty’’— (E) the Office of Hawaiian Affairs. al Government’’ means the recognized gov-
(A) means— (11) PRIVATE SECTOR ENTITY.—The term erning body of any Indian or Alaska Native
(i) a private sector entity; ‘‘private sector entity’’— tribe, band, nation, pueblo, village, commu-
(ii) a public sector entity; or (A) means an entity that is not a public nity, component band, or component res-
(iii) a Native entity; and sector entity; and ervation, individually identified (including
(B) includes an institution of higher edu- (B) does not include— parenthetically) in the list published most
cation. (i) the Federal Government; recently as of the date of enactment of this
(4) FEDERAL AGENCY.—The term ‘‘Federal (ii) any Federal agency; or division pursuant to section 104 of the Feder-
agency’’ has the meaning given the term (iii) any instrumentality of the Federal ally Recognized Indian Tribe List Act of 1994
‘‘agency’’ in section 551 of title 5, United Government. (25 U.S.C. 5131).
States Code. (12) PUBLIC SECTOR ENTITY.—The term (19) UNDER SECRETARY.—The term ‘‘Under
(5) FEDERALLY RECOGNIZED AREA OF ECO- ‘‘public sector entity’’ means— Secretary’’ means the Under Secretary of
NOMIC DISTRESS.—The term ‘‘federally recog- (A) a State; Commerce for Minority Business Develop-
nized area of economic distress’’ means— (B) an agency of a State; ment, who is appointed as described in sec-
(A) a HUBZone, as that term is defined in (C) a political subdivision of a State; tion lll3(b) to administer this division.
section 31(b) of the Small Business Act (15 (D) an agency of a political subdivision of
SEC. llll03. MINORITY BUSINESS DEVELOP-
U.S.C. 657a(b)); a State; or MENT AGENCY.
(B) an area that— (E) a Native entity.
(13) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—There is within the De-
(i) has been designated as— partment of Commerce the Minority Busi-
(I) an empowerment zone under section means the Secretary of Commerce.
(14) SOCIALLY OR ECONOMICALLY DISADVAN- ness Development Agency.
1391 of the Internal Revenue Code of 1986; or (b) UNDER SECRETARY.—
(II) a Promise Zone by the Secretary of TAGED BUSINESS CONCERN.—The term ‘‘so-
cially or economically disadvantaged busi- (1) APPOINTMENT AND DUTIES.—The Agency
Housing and Urban Development; or shall be headed by the Under Secretary of
(ii) is a low or moderate income area, as ness concern’’ means a for-profit business en-
terprise— Commerce for Minority Business Develop-
determined by the Department of Housing
(A)(i) that is not less than 51 percent ment, who shall—
and Urban Development;
owned by 1 or more socially or economically (A) be appointed by the President, by and
(C) a qualified opportunity zone, as that
disadvantaged individuals; or with the advice and consent of the Senate;
term is defined in section 1400Z–1 of the In-
(ii) that is socially or economically dis- (B) except as otherwise expressly provided,
ternal Revenue Code of 1986; or
advantaged; or be responsible for the administration of this
(D) any other political subdivision or unin-
(B) the management and daily business op- division; and
corporated area of a State determined by the
erations of which are controlled by 1 or more (C) report directly to the Secretary.
Under Secretary to be an area of economic
socially or economically disadvantaged indi- (2) COMPENSATION.—
distress.
viduals. (A) IN GENERAL.—The Under Secretary
(6) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has (15) SOCIALLY OR ECONOMICALLY DISADVAN- shall be compensated at an annual rate of
the meaning given the term in section 101 of TAGED INDIVIDUAL.— basic pay prescribed for level III of the Exec-
the Higher Education Act of 1965 (20 U.S.C. (A) IN GENERAL.—The term ‘‘socially or utive Schedule under section 5314 of title 5,
1001). economically disadvantaged individual’’ United States Code.
(7) MBDA BUSINESS CENTER.—The term means an individual who has been subjected (B) TECHNICAL AND CONFORMING AMEND-
to racial or ethnic prejudice or cultural bias MENT.—Section 5314 of title 5, United States
‘‘MBDA Business Center’’ means a business
center that— (or the ability of whom to compete in the Code, is amended by striking ‘‘and Under
(A) is established by the Agency; and free enterprise system has been impaired due Secretary of Commerce for Travel and Tour-
(B) provides technical business assistance to diminished capital and credit opportuni- ism’’ and inserting ‘‘Under Secretary of
to minority business enterprises consistent ties, as compared to others in the same line Commerce for Travel and Tourism, and
with the requirements of this division. of business and competitive market area) be- Under Secretary of Commerce for Minority
(8) MBDA BUSINESS CENTER AGREEMENT.— cause of the identity of the individual as a Business Development’’.
The term ‘‘MBDA Business Center agree- member of a group, without regard to any in- (3) REFERENCES.—Any reference in a law,
ment’’ means a legal instrument— dividual quality of the individual that is un- map, regulation, document, paper, or other
(A) reflecting a relationship between the related to that identity. record of the United States to the Director
Agency and the recipient of a Federal assist- (B) PRESUMPTION.—In carrying out this di- of the Agency shall be deemed to be a ref-
ance award that is the subject of the instru- vision, the Under Secretary shall presume erence to the Under Secretary.
ment; and that the term ‘‘socially or economically dis- (c) REPORT TO CONGRESS.—Not later than
(B) that establishes the terms by which the advantaged individual’’ includes any indi- 120 days after the date of enactment of this
recipient described in subparagraph (A) shall vidual who is— Act, the Secretary shall submit to Congress
operate an MBDA Business Center. (i) Black or African American; a report that describes—
(9) MINORITY BUSINESS ENTERPRISE.— (ii) Hispanic or Latino; (1) the organizational structure of the
(A) IN GENERAL.—The term ‘‘minority busi- (iii) American Indian or Alaska Native; Agency;
ness enterprise’’ means a business enter- (iv) Asian; (2) the organizational position of the Agen-
prise— (v) Native Hawaiian or other Pacific Is- cy within the Department of Commerce; and
(i) that is not less than 51 percent-owned lander; or (3) a description of how the Agency shall
by 1 or more socially or economically dis- (vi) a member of a group that the Agency function in relation to the operations carried
advantaged individuals; and determines under part 1400 of title 15, Code of out by each other component of the Depart-
(ii) the management and daily business op- Federal Regulations, as in effect on Novem- ment of Commerce.
SSpencer on DSK126QN23PROD with SENATE
erations of which are controlled by 1 or more ber 23, 1984, is a socially disadvantaged group (d) OFFICE OF BUSINESS CENTERS.—
socially or economically disadvantaged indi- eligible to receive assistance. (1) ESTABLISHMENT.—There is established
viduals. (16) SPECIALTY CENTER.—The term ‘‘spe- within the Agency the Office of Business
(B) RULE OF CONSTRUCTION.—Nothing in cialty center’’ means an MBDA Business Centers.
subparagraph (A) may be construed to ex- Center that provides specialty services fo- (2) DIRECTOR.—The Office of Business Cen-
clude a business enterprise from qualifying cusing on specific business needs, including ters shall be administered by a Director, who
as a ‘‘minority business enterprise’’ under assistance relating to— shall be appointed by the Under Secretary.
that subparagraph because of— (A) capital access; (e) OFFICES OF THE AGENCY.—
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5583
(1) IN GENERAL.—In addition to the regional (i) management; SEC. lll113. ESTABLISHMENT.
offices that the Under Secretary is required (ii) technology; (a) IN GENERAL.—There is established in
to establish under paragraph (2), the Under (iii) law; the Agency a program—
Secretary shall establish such other offices (iv) financing, including accounting; (1) that shall be known as the MBDA Busi-
within the Agency as are necessary to carry (v) marketing; and ness Center Program;
out this division. (vi) workforce development; and (2) that shall be separate and distinct from
(2) REGIONAL OFFICES.— (C) informational programs designed to in- the efforts of the Under Secretary under sec-
(A) IN GENERAL.—In order to carry out this form minority business enterprises located tion lll101; and
division, the Under Secretary shall establish in the jurisdictions of those public sector en- (3) under which the Under Secretary shall
a regional office of the Agency for each of tities about the availability of programs de- make Federal assistance awards to eligible
the regions of the United States, as deter- scribed in this section; entities to operate MBDA Business Centers,
mined by the Under Secretary. (2) meet with leaders and officials of public which shall, in accordance with section
(B) DUTIES.—Each regional office estab- sector entities for the purpose of recom- lll114, provide technical assistance and
lished under subparagraph (A) shall expand mending and promoting local administrative business development services, or specialty
the reach of the Agency and enable the Fed- and legislative initiatives needed to advance services, to minority business enterprises.
eral Government to better serve the needs of the position of minority business enterprises (b) COVERAGE.—The Under Secretary shall
minority business enterprises in the region in the local economies of those public sector take all necessary actions to ensure that the
served by the office, including by— entities; and MBDA Business Center Program, in accord-
(i) understanding and participating in the (3) facilitate the efforts of public sector en- ance with section lll114, offers the serv-
business environment of that region; tities and Federal agencies to advance the ices described in subsection (a)(3) in all re-
(ii) working with— growth of minority business enterprises. gions of the United States.
(I) MBDA Business Centers that are lo- SEC. lll103. RESEARCH AND INFORMATION. SEC. lll114. GRANTS AND COOPERATIVE
cated in that region; AGREEMENTS.
(a) IN GENERAL.—In order to achieve the
(II) resource and lending partners of other (a) REQUIREMENTS.—An MBDA Business
purposes of this division, the Under Sec-
appropriate Federal agencies that are lo- Center (referred to in this subtitle as a ‘‘Cen-
retary—
cated in that region; and ter’’), with respect to the Federal financial
(1) shall—
(III) Federal, State, and local procurement assistance award made to operate the Center
(A) collect and analyze data, including
offices that are located in that region; under the MBDA Business Center Program—
data relating to the causes of the success or
(iii) being aware of business retention or (1) shall—
failure of minority business enterprises;
expansion programs that are specific to that (A) provide to minority business enter-
(B) conduct research, studies, and surveys
region; prises programs and services determined to
of—
(iv) seeking out opportunities to collabo- be appropriate by the Under Secretary,
(i) economic conditions generally in the
rate with regional public and private pro- which may include—
United States; and
grams that focus on minority business enter- (i) referral services to meet the needs of
(ii) how the conditions described in clause
prises; and minority business enterprises; and
(i) particularly affect the development of mi-
(v) promoting business continuity and pre- (ii) programs and services to accomplish
nority business enterprises; and
paredness. the goals described in section lll101(1);
(C) provide outreach, educational services,
(B) develop, cultivate, and maintain a net-
TITLE I—EXISTING INITIATIVES and technical assistance in, at a minimum,
work of strategic partnerships with organi-
Subtitle A—Market Development, Research, the 5 most commonly spoken languages in
zations that foster access by minority busi-
and Information the United States to ensure that limited
ness enterprises to economic markets, cap-
SEC. lll101. PRIVATE SECTOR DEVELOPMENT. English proficient individuals receive cul-
ital, or contracts;
The Under Secretary shall, whenever the turally and linguistically appropriate access
(C) continue to upgrade and modify the
Under Secretary determines such action is to the services and information provided by
services provided by the Center, as nec-
necessary or appropriate— the Agency; and
essary, in order to meet the changing and
(1) provide Federal assistance to minority (2) may perform an evaluation of programs
evolving needs of the business community;
business enterprises operating in domestic carried out by the Under Secretary that are
(D) establish or continue a referral rela-
and foreign markets by making available to designed to assist the development of minor-
tionship with not less than 1 community-
those business enterprises, either directly or ity business enterprises.
based organization; and
in cooperation with private sector entities, (b) INFORMATION CLEARINGHOUSE.—The
Under Secretary shall— (E) collaborate with other Centers; and
including community-based organizations (2) in providing programs and services
and national nonprofit organizations— (1) establish and maintain an information
clearinghouse for the collection and dissemi- under the applicable MBDA Business Center
(A) resources relating to management; agreement, may—
(B) technological and technical assistance; nation to relevant parties (including busi-
ness owners and researchers) of demographic, (A) operate on a fee-for-service basis; or
(C) financial, legal, and marketing serv- (B) generate income through the collection
ices; and economic, financial, managerial, and tech-
nical data relating to minority business en- of—
(D) services relating to workforce develop- (i) client fees;
ment; terprises; and
(2) take such steps as the Under Secretary (ii) membership fees; and
(2) encourage minority business enterprises (iii) any other appropriate fees proposed by
to establish joint ventures and projects— may determine to be necessary and desirable
to— the Center in the application submitted by
(A) with other minority business enter- the Center under subsection (e).
prises; or (A) search for, collect, classify, coordinate,
(b) TERM.—Subject to subsection (g)(3), the
(B) in cooperation with public sector enti- integrate, record, and catalog the data de-
term of an MBDA Business Center agreement
ties or private sector entities, including scribed in paragraph (1); and shall be not less than 3 years.
community-based organizations and national (B) in a manner that is consistent with sec- (c) FINANCIAL ASSISTANCE.—
nonprofit organizations, to increase the tion 552a of title 5, United States Code, pro- (1) IN GENERAL.—The amount of financial
share of any market activity being per- tect the privacy of the minority business en- assistance provided by the Under Secretary
formed by minority business enterprises; and terprises to which the data described in para- under an MBDA Business Center agreement
(3) facilitate the efforts of private sector graph (1) relates. shall be not less than $250,000 for the term of
entities and Federal agencies to advance the Subtitle B—Minority Business Development the agreement.
growth of minority business enterprises. Agency Business Center Program (2) MATCHING REQUIREMENT.—
SEC. lll102. PUBLIC SECTOR DEVELOPMENT. SEC. lll111. DEFINITION. (A) IN GENERAL.—A Center shall match not
The Under Secretary shall, whenever the In this subtitle, the term ‘‘MBDA Business less than 1⁄3 of the amount of the financial
Under Secretary determines such action is Center Program’’ means the program estab- assistance awarded to the Center under the
necessary or appropriate— lished under section lll113. terms of the applicable MBDA Business Cen-
(1) consult and cooperate with public sec- SEC. lll112. PURPOSE. ter agreement, unless the Under Secretary
tor entities for the purpose of leveraging re- The purpose of the MBDA Business Center determines that a waiver of that require-
sources available in the jurisdictions of Program shall be to create a national net- ment is necessary after a demonstration by
those public sector entities to promote the work of public-private partnerships that— the Center of a substantial need for that
position of minority business enterprises in (1) assist minority business enterprises waiver.
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the local economies of those public sector in— (B) FORM OF FUNDS.—A Center may meet
entities, including by assisting public sector (A) accessing capital, contracts, and the matching requirement under subpara-
entities to establish or enhance— grants; and graph (A) by using—
(A) programs to procure goods and services (B) creating and maintaining jobs; (i) cash or in-kind contributions, without
through minority business enterprises and (2) provide counseling and mentoring to regard to whether the contribution is made
goals for that procurement; minority business enterprises; and by a third party; or
(B) programs offering assistance relating (3) facilitate the growth of minority busi- (ii) Federal funds received from other Fed-
to— ness enterprises by promoting trade. eral programs.
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S5584 CONGRESSIONAL RECORD — SENATE August 2, 2021
(3) USE OF FINANCIAL ASSISTANCE AND PRO- shall conduct a programmatic financial ex- the Business Centers program of the Agency,
GRAM INCOME.—A Center shall use— amination of each Center. as is in effect on the day before the date of
(A) all financial assistance awarded to the (2) ACCREDITATION.—The Under Secretary enactment of this Act, is carried out in a
Center under the applicable MBDA Business may provide financial support, by contract manner that, to the greatest extent prac-
Center agreement to carry out subsection or otherwise, to an association, not less than ticable, prevents disruption of any activity
(a); and 51 percent of the members of which are Cen- carried out under that award.
(B) all income that the Center generates in ters, to— SEC. lll116. PUBLICITY.
carrying out subsection (a)— (A) pursue matters of common concern In carrying out the MBDA Business Center
(i) to meet the matching requirement with respect to Centers; and Program, the Under Secretary shall widely
under paragraph (2) of this subsection; and (B) develop an accreditation program with publicize the MBDA Business Center Pro-
(ii) if the Center meets the matching re- respect to Centers. gram, including—
quirement under paragraph (2) of this sub- (3) EXTENSIONS.— (1) on the website of the Agency;
section, to carry out subsection (a). (A) IN GENERAL.—The Under Secretary may (2) via social media outlets; and
(d) CRITERIA FOR SELECTION.—The Under extend the term under subsection (b) of an (3) by sharing information relating to the
Secretary shall— MBDA Business Center agreement to which a MBDA Business Center Program with com-
(1) establish criteria that— Center is a party, if the Center consents to munity-based organizations, including inter-
(A) the Under Secretary shall use in deter- the extension. pretation groups where necessary, to com-
mining whether to enter into an MBDA Busi- (B) FINANCIAL ASSISTANCE.—If the Under municate in the most common languages
ness Center agreement with an eligible enti- Secretary extends the term of an MBDA spoken by the groups served by those organi-
ty; and Business Center agreement under paragraph zations.
(B) may include criteria relating to wheth- (1), the Under Secretary shall, in the same TITLE II—NEW INITIATIVES TO PROMOTE
er an eligible entity is located in— manner and amount in which financial as- ECONOMIC RESILIENCY FOR MINORITY
(i) an area, the population of which is com- sistance was provided during the initial term BUSINESSES
posed of not less than 51 percent socially or of the agreement, provide financial assist- SEC. lll201. ANNUAL DIVERSE BUSINESS
economically disadvantaged individuals, as ance under the agreement during the ex- FORUM ON CAPITAL FORMATION.
determined in accordance with data col- tended term of the agreement. (a) RESPONSIBILITY OF AGENCY.—Not later
lected by the Bureau of the Census; (h) MBDA INVOLVEMENT.—The Under Sec- than 18 months after the date of enactment
(ii) a federally recognized area of economic retary may take actions to ensure that the of this Act, and annually thereafter, the
distress; or Agency is substantially involved in the ac- Under Secretary shall conduct a Govern-
(iii) a State that is underserved with re- tivities of Centers in carrying out subsection ment-business forum to review the current
spect to the MBDA Business Center Pro- (a), including by— status of problems and programs relating to
gram, as defined by the Under Secretary; and (1) providing to each Center training relat- capital formation by minority business en-
(2) make the criteria and standards estab- ing to the MBDA Business Center Program; terprises.
lished under paragraph (1) publicly available, (2) requiring that the operator and staff of (b) PARTICIPATION IN FORUM PLANNING.—
including— each Center— The Under Secretary shall invite the heads
(A) on the website of the Agency; and (A) attend— of other Federal agencies, such as the Chair-
(B) in each Notice of Funding Opportunity (i) a conference with the Agency to estab- man of the Securities and Exchange Com-
soliciting MBDA Business Center agree- lish the services and programs that the Cen- mission, the Secretary of the Treasury, and
ments. ter will provide in carrying out the require- the Chairman of the Board of Governors of
(e) APPLICATIONS.—An eligible entity desir- ments before the date on which the Center the Federal Reserve System, organizations
ing to enter into an MBDA Business Center begins providing those services and pro- representing State securities commissioners,
agreement shall submit to the Under Sec- grams; and representatives of leading minority cham-
retary an application that includes— (ii) training provided under paragraph (1); bers of commerce, not less than 1 certified
(1) a statement of— (B) receive necessary guidance relating to owner of a minority business enterprise,
(A) how the eligible entity will carry out carrying out the requirements under sub- business organizations, and professional or-
subsection (a); and section (a); and ganizations concerned with capital forma-
(B) any experience or plans of the eligible (C) work in coordination and collaboration tion to participate in the planning of each
entity with respect to— with the Under Secretary to carry out the forum conducted under subsection (a).
(i) assisting minority business enterprises MBDA Business Center Program and other (c) PREPARATION OF STATEMENTS AND RE-
to— programs of the Agency; PORTS.—
(I) obtain— (3) facilitating connections between Cen- (1) REQUESTS.—The Under Secretary may
(aa) large-scale contracts, grants, or pro- ters and— request that any head of a Federal agency,
curements; (A) Federal agencies other than the Agen- department, or organization, including those
(bb) financing; or cy, as appropriate; and described in subsection (b), or any other
(cc) legal assistance; (B) other institutions or entities that use group or individual, prepare a statement or
(II) access established supply chains; and Federal resources, such as— report to be delivered at any forum con-
(III) engage in— (i) small business development centers, as ducted under subsection (a).
(aa) joint ventures, teaming arrangements, that term is defined in section 3(t) of the (2) COOPERATION.—Any head of a Federal
and mergers and acquisitions; or Small Business Act (15 U.S.C. 632(t)); agency, department, or organization who re-
(bb) large-scale transactions in global mar- (ii) women’s business centers described in ceives a request under paragraph (1) shall, to
kets; section 29 of the Small Business Act (15 the greatest extent practicable, cooperate
(ii) supporting minority business enter- U.S.C. 656); with the Under Secretary to fulfill that re-
prises in increasing the size of the (iii) eligible entities, as that term is de- quest.
workforces of those enterprises, including, fined in section 2411 of title 10, United States (d) TRANSMITTAL OF PROCEEDINGS AND
with respect to a minority business enter- Code, that provide services under the pro- FINDINGS.—The Under Secretary shall—
prise that does not have employees, aiding gram carried out under chapter 142 of that (1) prepare a summary of the proceedings
the minority business enterprise in becoming title; and of each forum conducted under subsection
an enterprise that has employees; and (iv) entities participating in the Hollings (a), which shall include the findings and rec-
(iii) advocating for minority business en- Manufacturing Extension Partnership Pro- ommendations of the forum; and
terprises; and gram established under section 25 of the Na- (2) transmit the summary described in
(2) the budget and corresponding budget tional Institute of Standards and Technology paragraph (1) with respect to each forum
narrative that the eligible entity will use in Act (15 U.S.C. 278k); conducted under subsection (a) to—
carrying out subsection (a) during the term (4) monitoring projects carried out by each (A) the participants in the forum;
of the applicable MBDA Business Center Center; and (B) Congress; and
agreement. (5) establishing and enforcing administra- (C) the public, through a publicly available
(f) NOTIFICATION.—If the Under Secretary tive and reporting requirements for each website.
grants an application of an eligible entity (e) REVIEW OF FINDINGS AND RECOMMENDA-
Center to carry out subsection (a).
submitted under subsection (e), the Under (i) REGULATIONS.—The Under Secretary TIONS; PUBLIC STATEMENTS.—
Secretary shall notify the eligible entity shall issue and publish regulations that es- (1) IN GENERAL.—A Federal agency to
which a finding or recommendation de-
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that the application has been granted not tablish minimum standards regarding
later than 150 days after the last day on verification of minority business enterprise scribed in subsection (d)(1) relates shall—
which an application may be submitted status for clients of entities operating under (A) review that finding or recommenda-
under that subsection. the MBDA Business Center Program. tion; and
(g) PROGRAM EXAMINATION; ACCREDITATION; SEC. lll115. MINIMIZING DISRUPTIONS TO EX- (B) promptly after the finding or rec-
EXTENSIONS.— ISTING MBDA BUSINESS CENTER ommendation is transmitted under sub-
(1) EXAMINATION.—Not later than 180 days PROGRAM. section (d)(2)(C), issue a public statement—
after the date of enactment of this Act, and The Under Secretary shall ensure that (i) assessing the finding or recommenda-
biennially thereafter, the Under Secretary each Federal assistance award made under tion; and
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5585
(ii) disclosing the action, if any, the Fed- students served by the eligible institution (i) the eligible entity shall provide space,
eral agency intends to take with respect to and the community in which the eligible in- facilities, and staffing for the MBDA Rural
the finding or recommendation. stitution is located; and Business Center;
(2) JOINT STATEMENT PERMITTED.—If a find- (B) implement the curriculum developed (ii) the Under Secretary shall provide fund-
ing or recommendation described in sub- under subparagraph (A) at the eligible insti- ing for, and oversight with respect to, the
section (d)(1) relates to more than 1 Federal tution. MBDA Rural Business Center; and
agency, the applicable Federal agencies may, (4) IMPLEMENTATION TIMELINE.—The Under (iii) subject to subparagraph (B), the eligi-
for the purposes of the public statement re- Secretary shall establish and publish a ble entity shall match 20 percent of the
quired under paragraph (1)(B), issue a joint timeline under which an eligible institution amount of the funding provided by the Under
statement. to which a grant is awarded under this sec- Secretary under clause (ii), which may be
SEC. lll202. AGENCY STUDY ON ALTERNATIVE tion shall carry out the requirements under calculated to include the costs of providing
FINANCING SOLUTIONS. paragraph (3). the space, facilities, and staffing under
(a) PURPOSE.—The purpose of this section (5) REPORTS.—Each year, the Under Sec- clause (i).
is to provide information relating to alter- retary shall submit to all applicable commit- (B) LOWER MATCH REQUIREMENT.—Based on
native financing solutions to minority busi- tees of Congress, and as part of the annual the available resources of an eligible entity,
ness enterprises, as those business enter- budget submission of the President under the Under Secretary may enter into a coop-
prises are more likely to struggle in access- section 1105(a) of title 31, United States erative agreement with the eligible entity
ing, particularly at affordable rates, tradi- Code, a report evaluating the awarding and that provides that—
tional sources of capital. use of grants under this subsection during (i) the eligible entity shall match less than
(b) STUDY AND REPORT.—Not later than 1 the fiscal year immediately preceding the 20 percent of the amount of the funding pro-
year after the date of enactment of this Act, fiscal year in which the report is submitted, vided by the Under Secretary under subpara-
the Under Secretary shall— which shall include, with respect to the fis- graph (A)(ii); or
(1) conduct a study on opportunities for cal year covered by the report— (ii) if the Under Secretary makes a deter-
providing alternative financing solutions to (A) a description of each curriculum devel- mination, upon a demonstration by the eligi-
minority business enterprises; and oped and implemented under each grant ble entity of substantial need, the eligible
(2) submit to Congress, and publish on the awarded under this section; entity shall not be required to provide any
website of the Agency, a report describing (B) the date on which each grant awarded match with respect to the funding provided
the findings of the study carried out under under this section was awarded; and by the Under Secretary under subparagraph
paragraph (1). (C) the number of eligible entities that (A)(ii).
SEC. lll203. EDUCATIONAL DEVELOPMENT RE- were recipients of grants awarded under this (C) ELIGIBLE FUNDS.—An eligible entity
LATING TO MANAGEMENT AND EN- section. may provide matching funds required under
TREPRENEURSHIP. an MBDA Rural Business Center agreement
TITLE III—RURAL MINORITY BUSINESS
(a) DUTIES.—The Under Secretary shall, CENTER PROGRAM with Federal funds received from other Fed-
whenever the Under Secretary determines eral programs.
SEC. lll301. DEFINITIONS.
such action is necessary or appropriate— (3) TERM.—The initial term of an MBDA
In this title:
(1) promote the education and training of Rural Business Center agreement shall be
(1) APPROPRIATE CONGRESSIONAL COMMIT-
socially or economically disadvantaged indi- not less than 3 years.
TEES.—The term ‘‘appropriate congressional
viduals in subjects directly relating to busi- (4) EXTENSION.—The Under Secretary and
committees’’ means—
ness administration and management; an eligible entity may agree to extend the
(A) the Committee on Commerce, Science,
(2) encourage institutions of higher edu- term of an MBDA Rural Business Center
and Transportation of the Senate; and
cation, leaders in business and industry, and agreement with respect to an MBDA Rural
(B) the Committee on Financial Services of
other public sector entities and private sec- Business Center.
the House of Representatives.
tor entities, particularly minority business (c) FUNCTIONS.—An MBDA Rural Business
(2) ELIGIBLE ENTITY.—The term ‘‘eligible
enterprises, to— Center shall—
entity’’ means—
(A) develop programs to offer scholarships (1) primarily serve clients that are—
(A) a part B institution; or
and fellowships, apprenticeships, and intern- (A) rural minority business enterprises; or
(B) a consortium of institutions of higher
ships relating to business to socially or eco- education that is led by a part B institution. (B) minority business enterprises that are
nomically disadvantaged individuals; and (3) MBDA RURAL BUSINESS CENTER.—The located more than 50 miles from an MBDA
(B) sponsor seminars, conferences, and term ‘‘MBDA Rural Business Center’’ means Business Center (other than that MBDA
similar activities relating to business for the an MBDA Business Center that provides Rural Business Center);
benefit of socially or economically disadvan- technical business assistance to minority (2) focus on—
taged individuals; business enterprises located in rural areas. (A) issues relating to—
(3) stimulate and accelerate curriculum de- (4) MBDA RURAL BUSINESS CENTER AGREE- (i) the adoption of broadband internet ac-
sign and improvement in support of develop- MENT.—The term ‘‘MBDA Rural Business cess service (as defined in section 8.1(b) of
ment of minority business enterprises; and Center agreement’’ means an MBDA Busi- title 47, Code of Federal Regulations, or any
(4) encourage and assist private institu- ness Center agreement that establishes the successor regulation), digital literacy skills,
tions and organizations and public sector en- terms by which the recipient of the Federal and e-commerce by rural minority business
tities to undertake activities similar to the assistance award that is the subject of the enterprises;
activities described in paragraphs (1), (2), and agreement shall operate an MBDA Rural (ii) advanced manufacturing;
(3). Business Center. (iii) the promotion of manufacturing in the
(b) PARREN J. MITCHELL ENTREPRENEUR- (5) PART B INSTITUTION.—The term ‘‘part B United States;
SHIP EDUCATION GRANTS.— institution’’ has the meaning given the term (iv) ways in which rural minority business
(1) DEFINITION.—In this subsection, the in section 322 of the Higher Education Act of enterprises can meet gaps in the supply
term ‘‘eligible institution’’ means an institu- 1965 (20 U.S.C. 1061). chain of critical supplies and essential goods
tion of higher education described in any of (6) RURAL AREA.—The term ‘‘rural area’’ and services for the United States;
paragraphs (1) through (7) of section 371(a) of has the meaning given the term in section (v) improving the connectivity of rural mi-
the Higher Education Act of 1965 (20 U.S.C. 343(a) of the Consolidated Farm and Rural nority business enterprises through trans-
1067q(a)). Development Act (7 U.S.C. 1991(a)). portation and logistics;
(2) GRANTS.—The Under Secretary shall (7) RURAL MINORITY BUSINESS ENTERPRISE.— (vi) promoting trade and export opportuni-
award grants to eligible institutions to de- The term ‘‘rural minority business enter- ties by rural minority business enterprises;
velop and implement entrepreneurship cur- prise’’ means a minority business enterprise (vii) securing financial capital;
ricula. located in a rural area. (viii) facilitating entrepreneurship in rural
(3) REQUIREMENTS.—An eligible institution SEC. lll302. BUSINESS CENTERS. areas; and
to which a grant is awarded under this sub- (a) IN GENERAL.—The Under Secretary may (ix) creating jobs in rural areas; and
section shall use the grant funds to— establish MBDA Rural Business Centers. (B) any other issue relating to the unique
(A) develop a curriculum that includes (b) PARTNERSHIP.— challenges faced by rural minority business
training in various skill sets needed by con- (1) IN GENERAL.—With respect to an MBDA enterprises; and
temporary successful entrepreneurs, includ- Rural Business Center established by the (3) provide education, training, and legal,
ing— Under Secretary, the Under Secretary shall financial, and technical assistance to minor-
(i) business management and marketing; establish the MBDA Rural Business Center ity business enterprises.
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(ii) financial management and accounting; in partnership with an eligible entity in ac- (d) APPLICATIONS.—
(iii) market analysis; cordance with paragraph (2). (1) IN GENERAL.—Not later than 90 days
(iv) competitive analysis; (2) MBDA AGREEMENT.— after the date of enactment of this Act, the
(v) innovation; (A) IN GENERAL.—With respect to each Under Secretary shall issue a Notice of
(vi) strategic and succession planning; MBDA Rural Business Center established by Funding Opportunity requesting applications
(vii) marketing; and the Under Secretary, the Under Secretary from eligible entities that desire to enter
(viii) any other skill set that the eligible shall enter into a cooperative agreement into MBDA Rural Business Center agree-
institution determines is necessary for the with an eligible entity that provides that— ments.
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S5586 CONGRESSIONAL RECORD — SENATE August 2, 2021
(2) CRITERIA AND PRIORITY.—In selecting an (b) PURPOSE.—The purpose of this section formation, including duties relating to labor
eligible entity with which to enter into an is to make grants to covered entities to help development, monetary policy, national se-
MBDA Rural Business Center agreement, the those covered entities continue the nec- curity, energy, agriculture, transportation,
Under Secretary shall— essary work of supporting minority business and housing.
(A) select an eligible entity that dem- enterprises. (b) CHAIR.—The Under Secretary shall des-
onstrates— (c) ESTABLISHMENT OF OFFICE.—Not later ignate 1 of the private sector members of the
(i) the ability to collaborate with govern- than 180 days after the date of enactment of Council as the Chair of the Council for a 1-
mental and private sector entities to lever- this Act, the Under Secretary shall establish year term.
age capabilities of minority business enter- within the Agency an office that has ade- (c) TERM.—The Council shall meet at the
prises through public-private partnerships; quate staffing to make and administer request of the Under Secretary and members
(ii) the research and extension capacity to grants under this section. shall serve for a term of 2 years. Members of
support minority business enterprises; (d) APPLICATION.—A covered entity desir- the Council may be reappointed.
(iii) knowledge of the community that the ing a grant under this section shall submit SEC. lll503. DUTIES.
eligible entity serves and the ability to con- to the Under Secretary an application at (a) IN GENERAL.—The Council shall provide
duct effective outreach to that community such time, in such manner, and containing advice to the Under Secretary by—
to advance the goals of an MBDA Rural Busi- such information as the Under Secretary (1) serving as a source of knowledge and in-
ness Center; may require. formation on developments in areas of the
(iv) the ability to provide innovative busi- (e) PRIORITY.—The Under Secretary shall, economic and social life of the United States
ness solutions, including access to con- in carrying out this section, prioritize grant- that affect socially or economically dis-
tracting opportunities, markets, and capital; ing an application submitted by a covered advantaged business concerns;
(v) the ability to provide services that ad- entity that is located in a federally recog- (2) providing the Under Secretary with in-
vance the development of science, tech- nized area of economic distress. formation regarding plans, programs, and ac-
nology, engineering, and math jobs within (f) USE OF FUNDS.—A covered entity to tivities in the public and private sectors that
minority business enterprises; which a grant is made under this section relate to socially or economically disadvan-
(vi) the ability to leverage resources from may use the grant funds to support the de- taged business concerns; and
within the eligible entity to advance an velopment, growth, or retention of minority (3) advising the Under Secretary regard-
MBDA Rural Business Center; business enterprises. ing—
(vii) that the mission of the eligible entity (g) PROCEDURES.—The Under Secretary (A) any measures to better achieve the ob-
aligns with the mission of the Agency; shall establish procedures to— jectives of this division; and
(viii) the ability to leverage relationships (1) discourage and prevent waste, fraud, (B) problems and matters the Under Sec-
with rural minority business enterprises; and and abuse by applicants for, and recipients retary refers to the Council.
(ix) a referral relationship with not less of, grants made under this section; and (b) CAPACITY.—Members of the Council
shall not be compensated for service on the
than 1 community-based organization; and (2) ensure that grants are made under this
Council but may be allowed travel expenses,
(B) give priority to an eligible entity that section to a diverse array of covered entities,
including per diem in lieu of subsistence, in
is located in a State or region that has a sig- which may include—
accordance with subchapter I of chapter 57 of
nificant population of socially or economi- (A) covered entities with a national pres-
title 5, United States Code.
cally disadvantaged individuals. ence; (c) TERMINATION.—Notwithstanding section
SEC. lll303. REPORT TO CONGRESS. (B) community-based covered entities; 14 of the Federal Advisory Committee Act (5
Not later than 1 year after the date of en- (C) covered entities with annual budgets U.S.C. App.), the Council shall terminate on
actment of this Act, the Under Secretary below $1,000,000; or the date that is 5 years after the date of en-
shall submit to the appropriate congres- (D) covered entities that principally serve actment of this Act.
sional committees a report that includes— low-income and rural communities. TITLE VI—FEDERAL COORDINATION OF
(1) a summary of the efforts of the Under (h) INSPECTOR GENERAL AUDIT.—Not later MINORITY BUSINESS PROGRAMS
Secretary to provide services to minority than 180 days after the date on which the
SEC. lll601. GENERAL DUTIES.
business enterprises located in States that Under Secretary begins making grants under
lack an MBDA Business Center, as of the this section, the Inspector General of the De- The Under Secretary may coordinate, as
partment of Commerce shall— consistent with law, the plans, programs,
date of enactment of this Act, and especially
and operations of the Federal Government
in those States that have significant minor- (1) conduct an audit of grants made under
that affect, or may contribute to, the estab-
ity populations; and this section, which shall seek to identify any
lishment, preservation, and strengthening of
(2) recommendations for extending the out- discrepancies or irregularities with respect
socially or economically disadvantaged busi-
reach of the Agency to underserved areas. to those grants; and
ness concerns.
SEC. lll304. STUDY AND REPORT. (2) submit to Congress a report regarding
SEC. lll602. PARTICIPATION OF FEDERAL DE-
(a) IN GENERAL.—The Under Secretary, in the audit conducted under paragraph (1). PARTMENTS AND AGENCIES.
coordination with relevant leadership of the (i) UPDATES TO CONGRESS.—Not later than The Under Secretary shall—
Agency and relevant individuals outside of 90 days after the date on which the Under (1) consult with other Federal agencies and
the Department of Commerce, shall conduct Secretary establishes the office described in departments as appropriate to—
a study that addresses the ways in which mi- subsection (c), and once every 30 days there- (A) develop policies, comprehensive plans,
nority business enterprises can meet gaps in after, the Under Secretary shall submit to and specific program goals for the programs
the supply chain of the United States, with a Congress a report that contains— carried out under subtitle B of title I and
particular focus on the supply chain of ad- (1) the number of grants made under this title III;
vanced manufacturing and essential goods section during the period covered by the re- (B) establish regular performance moni-
and services. port; and toring and reporting systems to ensure that
(b) REPORT.—Not later than 1 year after (2) with respect to the grants described in goals established by the Under Secretary
the date of enactment of this Act, the Under paragraph (1)—
Secretary shall submit to the appropriate with respect to the implementation of this
(A) the geographic distribution of those division are being achieved; and
congressional committees a report that in- grants by State and county;
cludes the results of the study conducted (C) evaluate the impact of Federal support
(B) if applicable, demographic information of socially or economically disadvantaged
under subsection (a), which shall include rec- with respect to the minority business enter-
ommendations regarding the ways in which business concerns in achieving the objectives
prises served by the covered entities to of this division;
minority business enterprises can meet gaps which the grants were made; and
in the supply chain of the United States. (2) conduct a coordinated review of all pro-
(C) information regarding the industries of posed Federal training and technical assist-
TITLE IV—MINORITY BUSINESS the minority business enterprises served by
DEVELOPMENT GRANTS ance activities in direct support of the pro-
the covered entities to which the grants were grams carried out under subtitle B of title I
SEC. lll401. GRANTS TO NONPROFIT ORGANI- made. and title III to ensure consistency with pro-
ZATIONS THAT SUPPORT MINORITY
TITLE V—MINORITY BUSINESS gram goals and to avoid duplication; and
BUSINESS ENTERPRISES.
ENTERPRISES ADVISORY COUNCIL (3) convene, for purposes of coordination,
(a) DEFINITION.—In this section, the term
‘‘covered entity’’ means a private nonprofit SEC. lll501. PURPOSE. meetings of the heads of such Federal agen-
organization that— The Under Secretary shall establish the cies and departments, or their designees, the
(1) is described in paragraph (3), (4), (5), or Minority Business Enterprises Advisory programs and activities of which may affect
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(6) of section 501(c) of the Internal Revenue Council (referred to in this title as the or contribute to the carrying out of this divi-
Code of 1986 and exempt from tax under sec- ‘‘Council’’) to advise and assist the Agency. sion.
tion 501(a) of such Code; and SEC. lll502. COMPOSITION AND TERM. TITLE VII—ADMINISTRATIVE POWERS OF
(2) can demonstrate that a primary activ- (a) COMPOSITION.—The Council shall be THE AGENCY; MISCELLANEOUS PROVI-
ity of the organization is to provide services composed of 9 members of the private sector SIONS
to minority business enterprises, whether and 1 representative from each of not fewer SEC. lll701. ADMINISTRATIVE POWERS.
through education, making grants or loans, than 10 Federal agencies that support or oth- (a) IN GENERAL.—In carrying out this divi-
or other similar activities. erwise have duties that relate to business sion, the Under Secretary may—
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5587
(1) adopt and use a seal for the Agency, (4) the amount and nature of the portion of SEC. lll708. AUTHORIZATION OF APPROPRIA-
which shall be judicially noticed; the cost of the undertaking described in TIONS.
(2) hold hearings, sit and act, and take tes- paragraph (3) that is supplied by a source There are authorized to be appropriated to
timony as the Under Secretary may deter- other than the Agency; and the Under Secretary $100,000,000 for each of
mine to be necessary or appropriate to carry (5) any other record that will facilitate an fiscal years 2021 through 2025 to carry out
out this division; effective audit with respect to the assist- this division, of which—
(3) acquire, in any lawful manner, any ance. (1) a majority shall be used in each such
property that the Under Secretary deter- fiscal year to carry out the MBDA Business
(b) ACCESS BY GOVERNMENT OFFICIALS.—
mines to be necessary or appropriate to Center Program under subtitle B of title I,
The Under Secretary, the Inspector General
carry out this division; including the component of that program re-
of the Department of Commerce, and the
(4) with the consent of another Federal lating to specialty centers; and
Comptroller General of the United States, or
agency, enter into an agreement with that (2) $10,000,000 shall be used in each such fis-
any duly authorized representative of any
Federal agency to utilize, with or without cal year to carry out title III.
such individual, shall have access, for the
reimbursement, any service, equipment, per- purpose of audit, investigation, and examina-
---
sonnel, or facility of that Federal agency; SA 2164. Mrs. FISCHER (for herself
tion, to any book, document, paper, record,
and and Ms. CORTEZ MASTO) submitted an
or other material of the Agency or an MBDA
(5) coordinate with the heads of the Offices Business Center.
amendment intended to be proposed to
of Small and Disadvantaged Business Utili- amendment SA 2137 proposed by Mr.
zation of Federal agencies. SEC. lll704. REVIEW AND REPORT BY COMP-
TROLLER GENERAL.
SCHUMER (for Ms. SINEMA (for herself,
(b) USE OF PROPERTY.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(1) IN GENERAL.—Subject to paragraph (2), Not later than 4 years after the date of en-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
in carrying out this division, the Under Sec- actment of this Act, the Comptroller General
retary may, without cost (except for costs of of the United States shall— TESTER, Ms. MURKOWSKI, Mr. WARNER,
care and handling), allow any public sector (1) conduct a thorough review of the pro- and Mr. ROMNEY)) to the bill H.R. 3684,
entity, or any recipient nonprofit organiza- grams carried out under this division; and to authorize funds for Federal-aid high-
tion, for the purpose of the development of (2) submit to Congress a detailed report of ways, highway safety programs, and
minority business enterprises, to use any the findings of the Comptroller General of transit programs, and for other pur-
real or tangible personal property acquired the United States under the review carried poses; which was ordered to lie on the
by the Agency in carrying out this division. out under paragraph (1), which shall in- table; as follows:
(2) TERMS, CONDITIONS, RESERVATIONS, AND clude— At the appropriate place in division F, in-
RESTRICTIONS.—The Under Secretary may (A) an evaluation of the effectiveness of sert the following:
impose reasonable terms, conditions, res- the programs in achieving the purposes of SEC. 60lll. BROADBAND DEPLOYMENT LOCA-
ervations, and restrictions upon the use of this division; TIONS MAP.
any property under paragraph (1). (B) a description of any failure by any re- (a) DEFINITIONS.—In this section:
SEC. lll702. FEDERAL ASSISTANCE. cipient of assistance under this division to (1) BROADBAND INFRASTRUCTURE.—The term
(a) IN GENERAL.— comply with the requirements under this di- ‘‘broadband infrastructure’’ means any ca-
(1) PROVISION OF FEDERAL ASSISTANCE.—To vision; and bles, fiber optics, wiring, or other permanent
carry out sections lll101, lll102, and (C) recommendations for any legislative or (integral to the structure) infrastructure, in-
lll103(a), the Under Secretary may pro- administrative action that should be taken cluding wireless infrastructure, that—
vide Federal assistance to public sector enti- to improve the achievement of the purposes (A) is capable of providing access to inter-
ties and private sector entities in the form of of this division. net connections in individual locations; and
grants or cooperative agreements. SEC. lll705. BIANNUAL REPORTS; REC- (B) is an advanced telecommunications ca-
(2) NOTICE.—Not later than 120 days after OMMENDATIONS. pability, as defined in section 706(d) of the
the date on which amounts are appropriated Telecommunications Act of 1996 (47 U.S.C.
(a) BIANNUAL REPORT.—Not later than 1
to carry out this section, the Under Sec- 1302(d)).
year after the date of enactment of this Act,
retary shall, in accordance with subsection (2) COMMISSION.—The term ‘‘Commission’’
and 90 days after the last day of each odd-
(b), broadly publish a statement regarding means the Federal Communications Com-
numbered year thereafter, the Under Sec-
Federal assistance that will, or may, be pro- mission.
retary shall submit to Congress, and publish
vided under paragraph (1) during the fiscal (3) DEPLOYMENT LOCATIONS MAP.—The term
on the website of the Agency, a report of
year for which those amounts are appro- ‘‘Deployment Locations Map’’ means the
each activity of the Agency carried out
priated, including— mapping tool required to be established
under this division during the period covered
(A) the actual, or anticipated, amount of under subsection (b).
by the report.
Federal assistance that will, or may, be (b) ESTABLISHMENT OF DEPLOYMENT LOCA-
made available; (b) RECOMMENDATIONS.—The Under Sec-
TIONS MAP.—Not later than 18 months after
(B) the types of Federal assistance that retary shall periodically submit to Congress
the date of enactment of this Act, the Com-
will, or may, be made available; and the President recommendations for leg-
mission shall, in consultation with all rel-
(C) the manner in which Federal assistance islation or other actions that the Under Sec-
evant Federal agencies, establish an online
will be allocated among public sector enti- retary determines to be necessary or appro-
mapping tool to provide a locations overview
ties and private sector entities, as applica- priate to promote the purposes of this divi-
of the overall geographic footprint of each
ble; and sion. broadband infrastructure deployment project
(D) the methodology used by the Under SEC. lll706. SEPARABILITY. funded by the Federal Government.
Secretary to make allocations under sub- If a provision of this division, or the appli- (c) REQUIREMENTS.—The Deployment Loca-
paragraph (C). cation of a provision of this division to any tions Map shall be—
(3) CONSULTATION.—The Under Secretary person or circumstance, is held by a court of (1) the centralized, authoritative source of
shall consult with public sector entities and competent jurisdiction to be invalid, that information on funding made available by
private sector entities, as applicable, in de- judgment— the Federal Government for broadband infra-
ciding the amounts and types of Federal as- (1) shall not affect, impair, or invalidate— structure deployment in the United States;
sistance to make available under paragraph (A) any other provision of this division; or and
(1). (B) the application of this division to any (2) made publicly available on the website
(b) PUBLICITY.—In carrying out this sec- other person or circumstance; and of the Commission.
tion, the Under Secretary shall broadly pub- (2) shall be confined in its operation to— (d) FUNCTIONS.—In establishing the Deploy-
licize all opportunities for Federal assistance (A) the provision of this division with re- ment Locations Map, the Commission shall
available under this section, including spect to which the judgment is rendered; or ensure that the Deployment Locations
through the means required under section Map—
(B) the application of the provision of this
lll116. division to each person or circumstance di-
(1) compiles data related to Federal fund-
SEC. lll703. RECORDKEEPING. ing for broadband infrastructure deployment
rectly involved in the controversy in which
(a) IN GENERAL.—Each recipient of assist- provided by the Commission, the National
the judgment is rendered.
ance under this division shall keep such Telecommunications and Information Ad-
records as the Under Secretary shall pre- SEC. lll707. EXECUTIVE ORDER 11625. ministration, the Department of Agri-
scribe, including records that fully disclose, The powers and duties of the Agency shall culture, the Department of Health and
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with respect to the assistance received by be determined— Human Services, the Department of the
the recipient under this division— (1) in accordance with this division and the Treasury, the Department of Housing and
(1) the amount and nature of that assist- requirements of this division; and Urban Development, the Institute of Mu-
ance; (2) without regard to Executive Order 11625 seum and Library Sciences, and any other
(2) the disposition by the recipient of the (36 Fed. Reg. 19967; relating to prescribing Federal agency that provides such data re-
proceeds of that assistance; additional arrangements for developing and lating to broadband infrastructure deploy-
(3) the total cost of the undertaking for coordinating a national program for minor- ment funding to the Commission, including
which the assistance is given or used; ity business enterprise). funding under—
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S5588 CONGRESSIONAL RECORD — SENATE August 2, 2021
(A) this Act; ‘‘(1) AREA OF PERSISTENT POVERTY.—The (b) CLERICAL AMENDMENT.—The table of
(B) the Coronavirus Aid, Relief, and Eco- term ‘area of persistent poverty’ means— sections for chapter 53 of title 49, United
nomic Security Act (Public Law 116–136); ‘‘(A) a county that has consistently had States Code, is amended by inserting after
(C) the Consolidated Appropriations Act, greater than or equal to 20 percent of the the item relating to section 5307 the fol-
2021 (Public Law 116–260); population living in poverty during the most lowing:
(D) American Rescue Plan Act of 2021 (Pub- recent 30-year period for which data is avail- ‘‘5308. Helping Obtain Prosperity for Every-
lic Law 117–2); or able, as measured by the 1990 and 2000 decen- one program.’’.
(E) any Federal amounts appropriated or nial censuses and the most recent Small
any Federal program authorized after the Area Income and Poverty Estimates, as esti-
date of enactment of this Act to fund mated by the Bureau of the Census; SA 2166. Mr. WARNOCK submitted an
broadband infrastructure deployment; ‘‘(B) a census tract with a poverty rate of amendment intended to be proposed by
(2) contains data, with respect to each at least 20 percent as measured by the most him to the bill H.R. 3684, to authorize
broadband infrastructure deployment pro- recent 5-year data series available from the funds for Federal-aid highways, high-
gram, relating to— American Community Survey of the Bureau way safety programs, and transit pro-
(A) the Federal agency of jurisdiction; of the Census for all States and Puerto Rico;
(B) the program title; and grams, and for other purposes; which
or
(C) the network type, including wired, ter- ‘‘(C) any other territory or possession of
was ordered to lie on the table; as fol-
restrial fixed, wireless, mobile, and satellite the United States of which at least 20 per- lows:
broadband infrastructure deployment; cent of the population has consistently lived In section 30005, add at the end the fol-
(3) allows users to manipulate the Deploy- in poverty over the most recent 30-year pe- lowing:
ment Locations Map to identify, search, and riod for which data is available, as measured (c) COMMUTER OR DESTINATION-BASED BUS
filter broadband infrastructure deployment by the 1990, 2000, and 2010 decennial censuses RAPID TRANSIT PROJECTS.—Section 5309 of
projects by— or equivalent data of the Bureau of the Cen- title 49, United States Code, is amended—
(A) company name; sus. (1) in subsection (a) (as amended by sub-
(B) duration timeline, including the dates ‘‘(2) COVERED PROJECT.—The term ‘covered section (a))—
of a project’s beginning and ending, or an- project’ means any project eligible under
ticipated beginning or ending date; (A) by redesignating paragraphs (2)
this chapter carried out by an eligible entity through (6) as paragraphs (3) through (7);
(C) total number of locations to which a that would serve an area of persistent pov-
project makes service available; and (B) by inserting after paragraph (1) the fol-
erty. lowing:
(D) relevant download and upload speeds; ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible
and ‘‘(2) COMMUTER OR DESTINATION-BASED BUS
entity’ means an eligible recipient or sub- RAPID TRANSIT PROJECT.—The term ‘com-
(4) incorporates broadband service avail- recipient under section 5307, 5310, or 5311 that
ability data as depicted in the Broadband muter or destination-based bus rapid transit
seeks to carry out a covered project. project’ means a small start project utilizing
Map created under section 802(c)(1) of the ‘‘(4) PROGRAM.—The term ‘program’ means
Communications Act of 1934 (47 U.S.C. buses—
the Helping Obtain Prosperity for Everyone ‘‘(A) in which the project represents a sub-
642(c)(1)). program established under subsection (b).
(e) PERIODIC UPDATES.— stantial investment in a defined corridor, as
‘‘(b) ESTABLISHMENT.—The Secretary shall demonstrated by features that emulate the
(1) IN GENERAL.—The Commission shall, in carry out a program, to be known as the
consultation with relevant Federal agencies, services provided by commuter rail or other
‘Helping Obtain Prosperity for Everyone’ rail fixed guideway public transportation
ensure the Deployment Locations Map is program, to award grants to eligible enti-
maintained and up to date on a periodic systems, including—
ties— ‘‘(i) defined stations;
basis, but not less frequently than once ‘‘(1) to carry out planning or engineering
every 180 days. ‘‘(ii) traffic signal or access to managed
work for covered projects, which may in- lanes for public transportation vehicles;
(2) OTHER FEDERAL AGENCIES.—Each Fed- clude studies or analyses to assess the tran-
eral agency providing funding for broadband ‘‘(iii) short headway services for a substan-
sit needs of an area of persistent poverty; tial part of weekdays; and
infrastructure deployment shall report rel- and
evant data to the Commission on a periodic ‘‘(iv) any other features the Secretary may
‘‘(2) to develop technical or financing plans determine support a long-term corridor in-
basis. for covered projects.
(f) NO EFFECT ON PROGRAMMATIC MIS- vestment; and
‘‘(c) APPLICATION.—An eligible entity seek-
SIONS.—Nothing in this section shall be con- ‘‘(B) in which—
ing a grant under the program, or a State de-
strued to affect the programmatic missions ‘‘(i) the majority of the project does not
partment of transportation acting on behalf
of Federal agencies providing funding for operate in a separated right-of-way dedi-
of an eligible entity seeking a grant under
broadband infrastructure development. cated for public transportation use during
the program, shall submit to the Secretary
(g) NONDUPLICATION.—The requirements in peak periods; and
this section shall be consistent with and an application at such time, in such manner,
‘‘(ii) a substantial portion of the project
avoid duplication with the provisions of sec- and containing such information as the Sec-
operates in a highway right-of-way.’’;
tion 903 of division FF of the Consolidated retary may require.
‘‘(d) FEDERAL SHARE.—The Federal share of (2) in subsection (h), by adding at the end
Appropriations Act, 2021 (Public Law 116– the following:
260). the cost of an activity described in sub-
section (b) shall be not less than 90 percent. ‘‘(8) COMMUTER OR DESTINATION-BASED BUS
(h) FUNDING.—Of the amounts appropriated RAPID TRANSIT PROJECT RATINGS.—In issuing
to carry out this division under this Act, ‘‘(e) OUTREACH.—Not later than 1 year after
the date on which the Secretary establishes policy guidance under subsection (g)(5), the
$10,000,000 shall be made available to carry Secretary may establish alternative evalua-
out this section. the program, the Secretary shall conduct
outreach, including through personal con- tion criteria for commuter or destination-
tact, webinars, online materials, and other based bus rapid transit projects for—
SA 2165. Mr. WARNOCK submitted an
appropriate methods determined by the Sec- ‘‘(A) economic development effects associ-
amendment intended to be proposed to ated with those projects; or
amendment SA 2137 proposed by Mr. retary, to eligible entities with respect to
grant opportunities under the program. ‘‘(B) policies and land use patterns that
SCHUMER (for Ms. SINEMA (for herself, ‘‘(f) PARTNERSHIPS.— support public transportation.’’; and
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(1) IN GENERAL.—The recipient of a grant (3) in subsection (m), by adding at the end
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. under the program may enter into a partner- the following:
TESTER, Ms. MURKOWSKI, Mr. WARNER, ship with a nonprofit organization or other ‘‘(3) COST OF CARRYING OUT PLANNING AND
and Mr. ROMNEY)) to the bill H.R. 3684, entity to assist the recipient in carrying out ACTIVITIES REQUIRED UNDER THE NATIONAL EN-
to authorize funds for Federal-aid high- the activities described in subsection (b). VIRONMENTAL POLICY ACT OF 1969.—
ways, highway safety programs, and ‘‘(2) ENCOURAGEMENT.—The Secretary shall ‘‘(A) IN GENERAL.—Subject to subparagraph
encourage recipients of grants under the pro- (B), the cost of carrying out the planning
transit programs, and for other pur-
gram to enter into partnerships with non- and activities required under the National
poses; which was ordered to lie on the Environmental Policy Act of 1969 (42 U.S.C.
profit organizations that could assist the re-
table; as follows: 4321 et seq.), including planning and activi-
cipient in ensuring that a covered project re-
At the appropriate place in division C, in- sults in lower emissions or no emissions. ties carried out prior to a project entering
sert the following: ‘‘(g) RURAL AREAS.—Of the amounts made into the project development phase, shall be
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SEC. 30lll. HELPING OBTAIN PROSPERITY FOR available to carry out the program each fis- counted toward the net capital project cost
EVERYONE PROGRAM. for purposes of paragraph (1).
cal year, the Secretary shall ensure that not
(a) IN GENERAL.—Chapter 53 of title 49, less than 20 percent is used to carry out cov- ‘‘(B) GUIDANCE.—The Secretary shall pro-
United States Code, is amended by inserting ered projects in rural areas. vide guidance to applicants on the costs of
after section 5307 the following: ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— planning and activities required under the
‘‘§ 5308. Helping Obtain Prosperity for Every- There is authorized to be appropriated to National Environmental Policy Act of 1969
one program carry out this section $25,000,000 for each of (42 U.S.C. 4321 et seq.) that are eligible to be
‘‘(a) DEFINITIONS.—In this section: fiscal year 2022 through 2026.’’. counted under subparagraph (A).’’.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5589
SA 2167. Mr. WARNOCK (for himself determines should be eligible for the use of a (A) IN GENERAL.—A voucher under the Pro-
and Mr. PADILLA) submitted an amend- voucher under the program. gram may not be applied toward the pur-
ment intended to be proposed to (3) ELIGIBLE EXPENSES.—The term ‘‘eligible chase of a connected device unless the con-
expenses’’ means, with respect to a con- nected device meets minimum standards to
amendment SA 2137 proposed by Mr. ensure that connected devices meet the
nected device—
SCHUMER (for Ms. SINEMA (for herself, (A) the retail price of the connected device; needs of the average user, which the Com-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) any sales taxes collected by the retailer mission shall establish in the regulations
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. with respect to the sale of the connected de- promulgated under paragraph (1).
TESTER, Ms. MURKOWSKI, Mr. WARNER, vice; (B) REEVALUATION; REVISION.—Not later
and Mr. ROMNEY)) to the bill H.R. 3684, (C) any shipping charges assessed by the than 3 years after the date on which the
to authorize funds for Federal-aid high- retailer with respect to the connected de- Commission promulgates regulations under
vice; and paragraph (1), and every 3 years thereafter,
ways, highway safety programs, and the Commission shall—
(D) any reasonable (as defined by the Com-
transit programs, and for other pur- (i) reevaluate the minimum standards es-
mission) product warranty and technical
poses; which was ordered to lie on the support services. tablished under subparagraph (A); and
table; as follows: (4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- (ii) after conducting such reevaluation, if
On page 2637, line 15, strike ble individual’’ means an individual who is a necessary to ensure that connected devices
‘‘$47,272,000,000’’ and insert ‘‘$51,772,000,000’’. member of an eligible household, as defined continue to meet the needs of the average
On page 2637, line 18, strike ‘‘$9,454,400,000’’ in section 904(a)(6) of division N of the Con- user, revise such minimum standards.
and insert ‘‘$10,354,400,000’’. solidated Appropriations Act, 2021 (Public (C) STANDARDS FOR NEW AND REFURBISHED
On page 2637, line 20, strike ‘‘$9,454,400,000’’ Law 116–260), except that— DEVICES.—The Commission may establish
and insert ‘‘$10,354,400,000’’. (A) in determining under subparagraph (A) separate minimum standards under subpara-
On page 2637, line 22, strike ‘‘$9,454,400,000’’ of such section 904(a)(6) for purposes of this graph (A) for new connected devices and for
and insert ‘‘$10,354,400,000’’. paragraph whether at least 1 member of the refurbished connected devices.
On page 2637, line 24, strike ‘‘$9,454,400,000’’ household meets the qualifications in sub- (5) COLLABORATION WITH RETAILERS.—
and insert ‘‘$10,354,400,000’’. section (a) or (b) of section 54.409 of title 47, (A) IN GENERAL.—The Commission shall
On page 2638, line 1, strike ‘‘$9,454,400,000’’ Code of Federal Regulations, or any suc- collaborate with retailers to ensure the wide
and insert ‘‘$10,354,400,000’’. cessor regulation, paragraph (1) of such sub- acceptance of vouchers and the wide avail-
On page 2658, line 14, strike ‘‘$500,000,000’’ section (a) shall be applied by striking ‘‘135 ability of covered devices that will be free of
and insert ‘‘$5,000,000,000’’. percent’’ and inserting ‘‘150 percent’’; and charge to consumers after applying a vouch-
On page 2658, line 20, strike ‘‘$100,000,000’’ (B) subparagraphs (C) and (E) of such sec- er.
and insert ‘‘$1,000,000,000’’. tion 904(a)(6) shall not apply for purposes of (B) WEBSITE.—The Commission shall estab-
On page 2658, line 22, strike ‘‘$400,000,000’’ lish a website, which shall—
this paragraph.
and insert ‘‘$4,000,000,000’’. (i) link to offerings by retailers of con-
(5) PROGRAM.—The term ‘‘Program’’ means
On page 2659, line 2, strike ‘‘$15,000,000’’ and nected devices eligible for the use of a vouch-
the program established under subsection
insert ‘‘$150,000,000’’. er under the Program so that a consumer
(d).
--- may initiate the purchase of such a device
SA 2168. Mr. WARNOCK submitted an (d) CONNECTED DEVICE VOUCHER PRO- using the voucher through the website; and
amendment intended to be proposed to GRAM.— (ii) if the number of vouchers available
(1) ESTABLISHMENT; REGULATIONS.—Not over a particular time period is limited, indi-
amendment SA 2137 proposed by Mr.
later than 180 days after the date of enact- cate the number of vouchers remaining.
SCHUMER (for Ms. SINEMA (for herself, ment of this Act, the Commission shall es- (C) CATALOG.—The Commission shall estab-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tablish, and promulgate regulations to im- lish a catalog, which shall—
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. plement in accordance with this section, a (i) be accessible to consumers without
TESTER, Ms. MURKOWSKI, Mr. WARNER, program through which— internet access and include offerings by re-
and Mr. ROMNEY)) to the bill H.R. 3684, (A) an eligible individual may obtain a tailers of connected devices eligible for the
to authorize funds for Federal-aid high- voucher that can be applied toward the pur- use of a voucher under the Program; and
ways, highway safety programs, and chase of a connected device from a retailer; (ii) if the number of vouchers available
and over a particular time period is limited, indi-
transit programs, and for other pur-
(B) the Commission reimburses the retailer cate the number of vouchers remaining.
poses; which was ordered to lie on the in an amount equal to the lesser of— (6) ADVERTISEMENT OF PROGRAM.—The
table; as follows: (i) the amount of the voucher; or Commission shall advertise the availability
At the appropriate place in division F, in- (ii) the eligible expenses with respect to of the Program, including by carrying out
sert the following: the connected device. advertising campaigns in collaboration with
SEC. 60lll. ACCESS TO DEVICES. (2) AMOUNT OF VOUCHER.— retailers of connected devices.
(a) SHORT TITLE.—This section may be (A) IN GENERAL.—The amount of a voucher (7) TECHNICAL ASSISTANCE.—The Commis-
cited as the ‘‘Device Access for Every Amer- under the Program shall be $400, as such sion shall provide technical assistance to re-
ican Act’’. amount may be adjusted by the Commission tailers, eligible individuals, and community-
(b) FINDINGS.—Congress finds that— under subparagraph (B). based organizations regarding participation
(1) approximately 25 percent of adults in (B) REEVALUATION; ADJUSTMENT.—Not later in the Program.
the United States do not own a computer; than 3 years after the date on which the (8) AUTHORIZATION OF APPROPRIATIONS.—
(2) 4,400,000 households with students still Commission promulgates regulations under There is authorized to be appropriated to the
lack consistent access to a computer, which paragraph (1), and every 3 years thereafter, Commission for fiscal year 2022, to remain
prevents those students from completing the Commission shall— available until September 30, 2026,
schoolwork; (i) reevaluate the amount of the voucher; $2,000,000,000 to carry out this section, of
(3) there are no reliable estimates about and which not more than 3 percent may be used
the number of students forced to share a (ii) after conducting such reevaluation, if to administer and promote the Program.
computer with another member of their necessary to ensure that the voucher reflects (e) ENFORCEMENT.—
household, potentially forcing the household the average amount of eligible expenses with (1) VIOLATIONS.—A violation of this section
to choose between important online activi- respect to a connected device, adjust the or a regulation promulgated under this sec-
ties such as work and learning; amount of the voucher. tion shall be treated as a violation of the
(4) for those households without a com- (C) PRICE OF CONNECTED DEVICE EXCEEDING Communications Act of 1934 (47 U.S.C. 151 et
puter or tablet, most cannot afford one; and AMOUNT OF VOUCHER.—If the eligible expenses seq.) or a regulation promulgated under such
(5) while computer access is nearly ubiq- with respect to a connected device exceed Act.
uitous among high-income households, 40 the amount of the voucher, an eligible indi- (2) ENFORCEMENT MANNER.—The Commis-
percent of low-income adults lack a com- vidual may— sion shall enforce this section and the regu-
puter. (i) apply the voucher to such expenses; and lations promulgated under this section in
(c) DEFINITIONS.—In this section: (ii) pay the remainder of such expenses to the same manner, by the same means, and
(1) COMMISSION.—The term ‘‘Commission’’ the retailer from other funds available to the with the same jurisdiction, powers, and du-
means the Federal Communications Com- individual. ties as though all applicable terms and provi-
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mission. (3) NUMBER AND FREQUENCY OF VOUCHERS.— sions of the Communications Act of 1934 (47
(2) CONNECTED DEVICE.—The term ‘‘con- An eligible individual may obtain 1 voucher U.S.C. 151 et seq.) were incorporated into and
nected device’’ means any of the following: under the Program every 4 years, except that made a part of this section.
(A) A desktop computer. not more than 2 eligible individuals per (3) USE OF UNIVERSAL SERVICE ADMINISTRA-
(B) A laptop computer. household may obtain a voucher under the TIVE COMPANY PERMITTED.—The Commission
(C) A tablet computer. Program every 4 years. shall have the authority to avail itself of the
(D) Any similar device (except for a tele- (4) MINIMUM STANDARDS FOR CONNECTED DE- services of the Universal Service Adminis-
phone or smartphone) that the Commission VICES.— trative Company to implement the Program,
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S5590 CONGRESSIONAL RECORD — SENATE August 2, 2021
including developing and processing reim- for the purpose of supporting long-term im- (2) APPROVAL.—
bursements and distributing funds. provements to library facilities in accord- (A) IN GENERAL.—The Director shall ap-
(f) PAPERWORK REDUCTION ACT REQUIRE- ance with this division. prove a State plan submitted under para-
MENTS.—A collection of information con- (b) RESERVATIONS.—From the amount graph (1) that meets the requirements of
ducted or sponsored under the regulations available in the Build America’s Libraries paragraph (1) and provides satisfactory as-
required under subsection (d) shall not con- Fund, the Director shall reserve 3 percent to surances that the provisions of such plan
stitute a collection of information for the award grants to Indian Tribes and to organi- will be carried out.
purposes of subchapter I of chapter 35 of title zations that primarily serve and represent (B) PUBLIC AVAILABILITY.—Each State li-
44, United States Code (commonly known as Native Hawaiians, in the same manner as the brary administrative agency receiving an al-
the ‘‘Paperwork Reduction Act’’). Director makes grants under section 261 of location under this section shall make the
(g) PRIVACY ACT.—The requirement to pub- the Library Services and Technology Act (20 State plan available to the public, including
lish notices related to system of records no- U.S.C. 9161) to enable such Indian Tribes and through electronic means.
tices or computer matching agreements of organizations to carry out the activities de- (C) ADMINISTRATION.—If the Director deter-
the agency before implementation required scribed in paragraphs (1) through (9) of sec- mines that the State plan does not meet the
under paragraphs (4), (11), and (12) of section tion 100005(c). requirements of this section, the Director
552a(e) and to provide adequate advanced no- SEC. 100005. ALLOCATION TO STATES. shall—
tice under section 552a(r) of title 5, United (a) ALLOCATION TO STATES.— (i) immediately notify the State library
States Code (commonly known as the ‘‘Pri- (1) STATE-BY-STATE ALLOCATION.— administrative agency of such determination
vacy Act of 1974’’) shall not apply when the (A) IN GENERAL.—From the amount avail- and the reasons for such determination;
matching program is necessary to determine able in the Build America’s Libraries Fund (ii) offer the State library administrative
eligibility under the Program, except that and not reserved under section 100004(b), agency the opportunity to revise its State
the notices shall be— each State that has a plan approved by the plan;
(1) sent to the Committee on Homeland Se- Director under subsection (b) shall be allo- (iii) provide technical assistance in order
curity and Governmental Affairs of the Sen- cated an amount in the same manner as the to assist the State library administrative
ate, the Committee on Oversight and Reform Director makes allotments to States under agency in meeting the requirements of this
of the House of Representatives, and the Of- section 221(b) of the Library Services and section; and
fice of Management and Budget; and Technology Act (20 U.S.C. 9131(b)), except (iv) provide the State library administra-
(2) simultaneously submitted for publica- that, for purposes of this section, the min- tive agency the opportunity for a hearing.
tion in the Federal Register. imum allotment for each State shall be (c) USES OF FUNDS.—Each State receiving
---
$10,000,000, except that the minimum allot- an allocation under this section shall use the
SA 2169. Mr. REED submitted an
ment shall be $500,000 in the case of the funds for any 1 or more of the following:
amendment intended to be proposed to United States Virgin Islands, Guam, Amer- (1) Constructing, renovating, modernizing,
amendment SA 2137 proposed by Mr. ican Samoa, the Commonwealth of the or retrofitting library facilities in the State,
SCHUMER (for Ms. SINEMA (for herself, Northern Mariana Islands, the Republic of which may include—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the Marshall Islands, the Federated States of (A) financing new library facilities;
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Micronesia, and the Republic of Palau. (B) making capital improvements to exist-
TESTER, Ms. MURKOWSKI, Mr. WARNER, (B) REALLOCATION OF REMAINING FUNDS.— ing library facilities, including buildings, fa-
and Mr. ROMNEY)) to the bill H.R. 3684, (i) IN GENERAL.—From the remainder of cilities, grounds, and bookmobiles;
any amounts not reserved or allocated under (C) enhancing library facilities to improve
to authorize funds for Federal-aid high-
subparagraph (A), on the date that is 1 year the overall safety and health of library pa-
ways, highway safety programs, and after the date of enactment of this division, trons and staff, including improvements di-
transit programs, and for other pur- the Director shall allocate to each State rectly related to reducing the risk of com-
poses; which was ordered to lie on the that has a plan approved by the Director munity spread of COVID–19; and
table; as follows: under subsection (b), an amount that bears (D) addressing the vulnerability of library
At the end, add the following: the same relation to such remainder as the facilities to natural disasters and hazards.
DIVISION K—BUILD AMERICA’S population of the State bears to the popu- (2) Investing in infrastructure projects re-
LIBRARIES ACT lation of all States. lated to improving internet access and
(ii) DATA.—For the purposes of clause (i), connectivity in library facilities and for li-
SEC. 100001. SHORT TITLE.
the population of each State and of all the brary patrons, including projects related to
This division may be cited as the ‘‘Build States shall be determined by the Director high-speed broadband, technology hardware,
America’s Libraries Act’’. on the basis of the most recent data avail- and mobile hotspots and similar equipment.
SEC. 100002. PURPOSE. able from the Bureau of the Census. (3) Improving energy and water efficiency
The purpose of this division is to support (2) STATE RESERVATIONS.—A State shall re- and addressing the environmental impacts of
long-term improvements to library facilities serve not more than 4 percent of its alloca- library facilities.
(including addressing needs that have arisen tion under paragraph (1) for administrative (4) Improving indoor air quality and ven-
due to COVID–19) in order for libraries to costs and to provide technical assistance to tilation in library facilities, including me-
better serve underserved and distressed com- libraries that are eligible to apply for a chanical and non-mechanical heating, ven-
munities, low-income and rural areas, and grant under section 100006. tilation, and air conditioning systems, fil-
people with disabilities and vulnerable li- (b) STATE PLAN.— tering and other air cleaning, fans, control
brary users including children and seniors. (1) IN GENERAL.—To be eligible to receive systems, and window and door repair and re-
SEC. 100003. DEFINITIONS. an allocation under this section, a State li- placement.
In this division: brary administrative agency shall submit to (5) Reducing or eliminating the presence in
(1) DIRECTOR.—The term ‘‘Director’’ has the Director a plan that includes such infor- library facilities of potential hazards to li-
the meaning given the term in section 202 of mation as the Director may require, includ- brary staff and patrons, including—
the Museum and Library Services Act (20 ing at a minimum— (A) toxic substances, including mercury,
U.S.C. 9101). (A) a description of how the State will use radon, PCBs, lead, and asbestos; or
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ the allocation to make long-term improve- (B) mold and mildew.
has the meaning given the term ‘‘Indian ments to library facilities with a focus on (6) Ensuring the safety of drinking water
tribe’’ in section 202 of the Museum and Li- underserved and marginalized communities; at the tap in library facilities, which may in-
brary Services Act (20 U.S.C. 9101). (B) a description regarding how the State clude testing of the potability of water at
(3) LIBRARY.—The term ‘‘library’’ has the will carry out its responsibility to provide the tap for the presence of lead and other
meaning given the term in section 213 of the technical assistance under subsection (a)(2), contaminants.
Library Services and Technology Act (20 including providing, as appropriate, training (7) Ensuring that library facilities are—
U.S.C. 9122). and resources to help library staff maximize (A) accessible to people with disabilities,
(4) STATE.—The term ‘‘State’’ has the the use, functionality, and accessibility of li- including by implementing universal and in-
meaning given the term in section 213 of the brary facilities improved under this section; clusive design; and
Library Services and Technology Act (20 (C) a description regarding how the State (B) in compliance with the Architectural
U.S.C. 9122). will make the determinations of eligibility Barriers Act of 1968 (42 U.S.C. 4151 et seq.),
(5) STATE LIBRARY ADMINISTRATIVE AGEN- and priority under subsections (b) and (d) of the Americans with Disabilities Act of 1990
SSpencer on DSK126QN23PROD with SENATE
CY.—The term ‘‘State library administrative section 100006; (42 U.S.C. 12101 et seq.), and section 504 of the
agency’’ has the meaning given the term in (D) a certification that the State has met Rehabilitation Act of 1973 (29 U.S.C. 794).
section 213 of the Library Services and Tech- the maintenance of effort requirements (8) Improving library facilities for the pur-
nology Act (20 U.S.C. 9122). under section 223(c) of the Library Services poses of supporting place-based services or
SEC. 100004. BUILD AMERICA’S LIBRARIES FUND.— and Technology Act (20 U.S.C. 9133(c)); and community-based partnerships that provide
(a) ESTABLISHMENT.—From the amount ap- (E) an assurance that the State will meet library patrons with access to educational,
propriated under section 100009, there is es- the supplement not supplant requirement workforce, behavioral health, mental health,
tablished a Build America’s Libraries Fund under section 100007(c). and social services.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5591
(9) Assessing the condition of existing li- brary Services Act (20 U.S.C. 9109) shall not (6) EFFECTIVE DATE.—This paragraph does
brary facilities and the need for new or im- apply to this division. not apply with respect to a project if a State
proved library facilities and developing fa- (b) NO MATCHING REQUIREMENT OR NON- agency approves the engineering plans and
cilities master plans. FEDERAL SHARE.—Notwithstanding any specifications for the project, in that agen-
SEC. 100006. NEED-BASED GRANTS TO LIBRARIES. other provision of law, a State, Indian Tribe, cy’s capacity to approve such plans and spec-
(a) GRANTS TO LIBRARIES.—From the organization, library, or other entity that ifications prior to a project requesting bids,
amounts allocated to a State under section receives funds under this division shall not prior to the date of enactment of this divi-
100005(a), the State library administrative be required to provide matching funds or a sion.
agency shall award grants to libraries, on a non-Federal share toward the cost of the ac- SEC. 100008. OTHER REQUIREMENTS.
competitive basis, to carry out the activities tivities carried out with the funds. For fiscal year 2022 and each succeeding
described in paragraphs (1) through (9) of sec- (c) SUPPLEMENT NOT SUPPLANT.—A State fiscal year, with respect to each contract or
tion 100005(c). shall use an allocation received under sec- subcontract funded, in whole or in part,
(b) ELIGIBILITY.—To be eligible to receive a tion 100005 only to supplement the level of under this division—
grant under this section, a library shall be— Federal, State, and local public funds that (1) the provisions of subchapter IV of chap-
(1) a public library; would, in absence of such allocation, be made ter 31 of title 40, United States Code, shall
(2) a tribal library; or available for the activities supported by the apply with respect to laborers or mechanics
(3) a State library or a State archive, with allocation, and not to supplant such funds. for each construction contract or sub-
respect to outlets and facilities that provide (d) ADMINISTRATIVE COSTS.—From the
contract funded, in whole or in part, under
amount appropriated under section 100009,
library service directly to the general public. this division; and
(c) APPLICATION.—A library described in the Director may allocate not more than 3
(2) the provisions of chapter 67 of title 41,
subsection (b) that desires to receive a grant percent of such amount for program adminis-
United States Code, shall apply with respect
under this section shall submit an applica- tration, oversight activities, research, anal-
to service employees for each contract or
tion to the State library administrative ysis, and data collection related to the pur-
poses of the Build America’s Libraries Fund. subcontract funded, in whole or in part,
agency at such time, in such manner, and under this division, except that, for purposes
(e) REPORTS.—
containing such information as the State li- of such chapter, the term ‘‘service em-
brary administrative agency may require, in- (1) IN GENERAL.—Not later than 1 year after
the date of enactment of this division and ployee’’ shall—
cluding— (A) have the meaning given the term in
(1) the information necessary for the State annually thereafter until all funds provided
under this division have been expended, the section 6701 of such title;
to make a determination of the library’s eli- (B) include employees that are routine op-
Director shall issue reports to the Com-
gibility for the grant and priority under sub- erations workers or routine maintenance
mittee on Appropriations and the Committee
section (d); and workers; and
on Health, Education, Labor, and Pensions of
(2) a description of the projects that the li- (C) not include any employee covered
the Senate and the Committee on Appropria-
brary plans to carry out with the grant, in under paragraph (1).
tions and the Committee on Education and
accordance with paragraphs (1) through (9) of SEC. 100009. APPROPRIATION OF FUNDS.
Labor of the House of Representatives detail-
section 100005(c), including— There is authorized to be appropriated, and
ing how funding under this division has been
(A) the rationale the library used to select there is appropriated, to carry out this divi-
spent and its impact on improving library
such project; and sion, $5,000,000,000, for the period of fiscal
services in communities that are served, in-
(B) a description of how the library took cluding underserved and marginalized popu- years 2022 through 2024, to remain available
into consideration the impacts of such lations, Indian Tribes, and Native Hawaiian until expended.
projects on underserved or marginalized communities, and shall make such reports ---
communities, including families with in- publicly available on the website of the In- SA 2170. Mr. REED submitted an
comes below the poverty line (as defined stitute of Museum and Library Services. amendment intended to be proposed to
under section 673(2) of the Community Serv- (2) STATE REPORT.—A State that receives amendment SA 2137 proposed by Mr.
ices Block Grant Act (42 U.S.C. 9902(2)). funds under this division shall, not later SCHUMER (for Ms. SINEMA (for herself,
(d) PRIORITY OF GRANTS.—In awarding than 1 year after the date of enactment of
grants under this section, the State—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
this division, and annually thereafter until SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(1) shall give first priority to eligible li- all funds have been expended, submit a re-
braries that demonstrate the greatest need TESTER, Ms. MURKOWSKI, Mr. WARNER,
port to the Director at such time and in such
for such a grant in order to plan for, and and Mr. ROMNEY)) to the bill H.R. 3684,
manner as the Director may require.
make long-term improvements to, library fa- (f) AMERICAN IRON AND STEEL PRODUCTS.— to authorize funds for Federal-aid high-
cilities that predominantly provide service (1) IN GENERAL.—As a condition on receipt ways, highway safety programs, and
to underserved or marginalized commu- of funds under this division for a project, an transit programs, and for other pur-
nities, including families with incomes below entity shall ensure that all of the iron and poses; which was ordered to lie on the
the poverty line (as defined under section steel products used in the project are pro- table; as follows:
673(2) of the Community Services Block duced in the United States. At the end of division G, add the following:
Grant Act (42 U.S.C. 9902(2)); and (2) APPLICATION.—Paragraph (1) shall be
(2) may additionally give priority to eligi- TITLE XII—REOPEN AND REBUILD
waived in any case or category of cases in
ble libraries that will use the grant to re- AMERICA’S SCHOOLS
which the Director finds that—
place, renovate, modernize, or retrofit exist- SEC. 72001. SHORT TITLE.
(A) applying subparagraph (A) would be in-
ing library facilities in order to— consistent with the public interest; This title may be cited as the ‘‘Reopen and
(A) make health, safety, resiliency, hazard (B) iron and steel products are not pro- Rebuild America’s Schools Act of 2021’’.
mitigation, or emergency preparedness im- duced in the United States in sufficient and SEC. 72002. DEFINITIONS.
provements to existing library facilities that reasonably available quantities and of a sat- In this title:
pose a severe health or safety threat to li- isfactory quality; or (1) APPROPRIATE CONGRESSIONAL COMMIT-
brary patrons or staff, which may include a (C) inclusion of iron and steel products pro- TEES.—The term ‘‘appropriate congressional
threat posed by the proximity of the facili- duced in the United States will increase the committees’’ means the Committee on Edu-
ties to toxic sites or the vulnerability of the cost of the overall project by more than 25 cation and Labor of the House of Representa-
facilities to natural disasters; percent. tives and the Committee on Health, Edu-
(B) install or upgrade hardware that will (3) WAIVER.—If the Director receives a re- cation, Labor, and Pensions of the Senate.
improve access to high-speed broadband for quest for a waiver under this subsection, the (2) BUREAU-FUNDED SCHOOL.—The term
library patrons of the library facilities; Director shall make available to the public, ‘‘Bureau-funded school’’ has the meaning
(C) improve access for library patrons or on an informal basis, a copy of the request given that term in section 1141 of the Edu-
staff with disabilities to use the library fa- and information available to the Director cation Amendments of 1978 (25 U.S.C. 2021).
cilities and its equipment; or concerning the request, and shall allow for (3) COVERED FUNDS.—The term ‘‘covered
(D) improve the energy efficiency of or re- informal public input on the request for at funds’’ means funds received—
duce the carbon emissions or negative envi- least 15 days prior to making a finding based (A) under subtitle A of this Act;
ronmental impacts resulting from the exist- on the request. The Director shall make the (B) from a school infrastructure bond; or
ing library facilities. request and accompanying information (C) from a qualified zone academy bond (as
(e) SUPPLEMENT NOT SUPPLANT.—A library available by electronic means. such term is defined in section 54E of the In-
shall use a grant received under this section (4) INTERNATIONAL AGREEMENTS.—This sub- ternal Revenue Code of 1986 (as restored by
SSpencer on DSK126QN23PROD with SENATE
only to supplement the level of Federal, section shall be applied in a manner con- section 72111)).
State, and local public funds that would, in sistent with United States obligations under (4) ESEA TERMS.—The terms ‘‘elementary
the absence of such grant, be made available international agreements. school’’, ‘‘outlying area’’, and ‘‘secondary
for the activities supported by the grant, and (5) MANAGEMENT AND OVERSIGHT.—The Di- school’’ have the meanings given those terms
not to supplant such funds. rector may retain up to 0.25 percent of the in section 8101 of the Elementary and Sec-
SEC. 100007. ADMINISTRATION AND OVERSIGHT. funds appropriated for this division for man- ondary Education Act of 1965 (20 U.S.C. 7801).
(a) NO PROHIBITION AGAINST CONSTRUC- agement and oversight of the requirements (5) LOCAL EDUCATIONAL AGENCY.—The term
TION.—Section 210A of the Museum and Li- of this subsection. ‘‘local educational agency’’ has the meaning
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S5592 CONGRESSIONAL RECORD — SENATE August 2, 2021
given that term in section 8101 of the Ele- tion to the amount received by the outlying (VI) any improvements that are needed to
mentary and Secondary Education Act of area under part A of title I of the Elemen- support indoor and outdoor social
1965 (20 U.S.C. 7801) except that such term tary and Secondary Education Act of 1965 (20 distancing, personal hygiene, and building
does not include a Bureau-funded school. U.S.C. 6311 et seq.) for the previous fiscal hygiene (including with respect to heating,
(6) PUBLIC SCHOOL FACILITIES.—The term year relative to the total such amount re- ventilation, and air conditioning usage) in
‘‘public school facilities’’ means the facili- ceived by all outlying areas for such previous school facilities, consistent with guidance
ties of a public elementary school or a public fiscal year. issued by the Centers for Disease Control and
secondary school. SEC. 72102. ALLOCATION TO STATES. Prevention;
(7) QUALIFIED LOCAL EDUCATIONAL AGEN- (a) ALLOCATION TO STATES.— (iii) updating the database developed under
CY.—The term ‘‘qualified local educational (1) STATE-BY-STATE ALLOCATION.— clause (ii) not less frequently than once
agency’’ means a local educational agency (A) FISCAL YEAR 2022.—Of the amount ap- every 2 years;
that receives funds under part A of title I of propriated to carry out this subtitle for fis- (iv) ensuring that the information in the
the Elementary and Secondary Education cal year 2022 and not reserved under section database developed under clause (ii)—
Act of 1965 (20 U.S.C. 6311 et seq.). 72101(b), not later than 30 days after such (I) is posted on a publicly accessible State
(8) SCHOOL INFRASTRUCTURE BOND.—The funds are appropriated, each State that pro- website; and
term ‘‘school infrastructure bond’’ has the vides an assurance to the Secretary that the (II) is regularly distributed to local edu-
meaning given such term in section 54BB of State will comply with the requirements of cational agencies and Tribal governments in
the Internal Revenue Code of 1986 (as added subsection (c) shall be allocated an amount the State;
by section 72112). in proportion to the amount received by all (v) issuing and reviewing regulations to en-
(9) SECRETARY.—The term ‘‘Secretary’’ local educational agencies in the State under sure the health and safety of students and
means the Secretary of Education. part A of title I of the Elementary and Sec- staff during construction or renovation
(10) STATE.—The term ‘‘State’’ means each ondary Education Act of 1965 (20 U.S.C. 6311 projects;
of the 50 States, the District of Columbia, et seq.) for the previous fiscal year relative (vi) issuing or reviewing regulations to en-
and the Commonwealth of Puerto Rico. to the total amount received under such part sure safe, healthy, and high-performing
(11) ZERO ENERGY SCHOOL.—The term ‘‘zero for such fiscal year by all local educational school buildings, including regulations gov-
energy school’’ means a public elementary agencies in every State that provides such erning—
school or public secondary school that— an assurance to the Secretary. (I) indoor environmental quality and ven-
(A) generates renewable energy on-site; (B) OTHER FISCAL YEARS.—Of the amount tilation, including exposure to carbon mon-
and appropriated to carry out this subtitle for oxide, carbon dioxide, lead-based paint, and
(B) on an annual basis, exports an amount each fiscal year other than fiscal year 2022 other combustion by-products such as oxides
of such renewable energy that equals or ex- and not reserved under section 72101(b), each of nitrogen;
ceeds the total amount of renewable energy State that has a plan approved by the Sec- (II) mold, mildew, and moisture control;
that is delivered to the school from outside retary under subsection (b) shall be allocated (III) the safety of drinking water at the tap
sources. an amount in proportion to the amount re- and water used for meal preparation, includ-
Subtitle A—Grants for the Long-term ceived by all local educational agencies in ing regulations that—
Improvement of Public School Facilities the State under part A of title I of the Ele- (aa) address the presence of lead and other
SEC. 72101. PURPOSE AND RESERVATION. mentary and Secondary Education Act of contaminants in such water; and
(a) PURPOSE.—Funds made available under 1965 (20 U.S.C. 6311 et seq.) for the previous (bb) require the regular testing of the pota-
this subtitle shall be for the purpose of sup- fiscal year relative to the total amount re- bility of water at the tap;
porting long-term improvements to public ceived under such part for such fiscal year by (IV) energy and water efficiency;
school facilities in accordance with this all local educational agencies in every State (V) excessive classroom noise due to activi-
title. that has a plan approved by the Secretary ties allowable under section 72101;
(b) RESERVATION FOR OUTLYING AREAS AND under subsection (b). (VI) the levels of maintenance work, oper-
BUREAU-FUNDED SCHOOLS.— (2) STATE RESERVATION.—A State may re- ational spending, and capital investment
(1) IN GENERAL.—For each of fiscal years serve not more than 1 percent of its alloca- needed to maintain the quality of public
2022 through 2026, the Secretary shall re- tion under paragraph (1) to carry out its re- school facilities; and
serve, from the amount appropriated to sponsibilities under this title, which— (VII) the construction or renovation of
carry out this subtitle— (A) shall include— such facilities, including applicable building
(A) one-half of 1 percent, to make alloca- (i) providing technical assistance to local codes; and
tions to the outlying areas in accordance educational agencies, including by— (vii) creating a plan to reduce or eliminate
with paragraph (3); and (I) identifying which State agencies have exposure to toxic substances, including mer-
(B) one-half of 1 percent, for payments to programs, resources, and expertise relevant cury, radon, PCBs, lead, vapor intrusions,
the Secretary of the Interior to provide as- to the activities supported by the allocation and asbestos; and
sistance to Bureau-funded schools. under this section; and (B) may include the development of a plan
(2) USE OF RESERVED FUNDS.— (II) coordinating the provision of technical to increase the number of zero energy
(A) IN GENERAL.—Funds reserved under assistance across such agencies; schools in the State.
paragraph (1) shall be used in accordance (ii) in accordance with the guidance issued (b) STATE PLAN.—
with subtitle C. by the Secretary under section 72103, devel- (1) IN GENERAL.—Except as provided in
(B) SPECIAL RULES FOR BUREAU-FUNDED oping an online, publicly searchable data- paragraph (2), to be eligible to receive an al-
SCHOOLS.— base that contains an inventory of the infra- location under this section, a State shall
(i) APPLICABILITY.—The provisions of sub- structure of all public school facilities in the submit to the Secretary a plan that—
title C shall apply to a Bureau-funded school State (including the facilities of Bureau- (A) describes how the State will use the al-
that receives assistance under paragraph funded schools, as appropriate), including, location to make long-term improvements to
(1)(B) in the same manner that such provi- with respect to each such facility, an identi- public school facilities;
sions apply to a qualified local educational fication of— (B) explains how the State will carry out
agency that receives covered funds. The fa- (I) the information described in subclauses each of its responsibilities under subsection
cilities of a Bureau-funded school shall be (I) through (VII) of clause (vi); (a)(2);
treated as public school facilities for pur- (II) the age (including an identification of (C) explains how the State will make the
poses of the application of such provisions. the date of any retrofits or recent renova- determinations under subsections (b)
(ii) TREATMENT OF TRIBALLY OPERATED tions) of— through (d) of section 72103;
SCHOOLS.—The Secretary of the Interior shall (aa) the facility; (D) identifies how long, and at what levels,
provide assistance to Bureau-funded schools (bb) its roof; the State will maintain fiscal effort for the
under paragraph (1)(B) without regard to (cc) its lighting system; activities supported by the allocation after
whether such schools are operated by the Bu- (dd) its windows; the State no longer receives the allocation;
reau of Indian Education or by an Indian (ee) its ceilings; and
Tribe. In the case of a Bureau-funded school (ff) its plumbing; and (E) includes such other information as the
that is a contract or grant school (as that (gg) its heating, ventilation, and air condi- Secretary may require.
term is defined in section 1141 of the Edu- tioning system; (2) EXPEDITED PROCESS FOR FISCAL YEAR
cation Amendments of 1978 (25 U.S.C. 2021)) (III) fire safety inspection results; 2022.—
SSpencer on DSK126QN23PROD with SENATE
operated by an Indian Tribe, the Secretary of (IV) the proximity of the facilities to toxic (A) ASSURANCE TO SECRETARY.—To be eligi-
the Interior shall provide assistance under sites or the vulnerability of the facilities to ble to receive an allocation for fiscal year
such paragraph to the Indian Tribe con- natural disasters, including the extent to 2022 under section 72101(a)(1)(A), a State
cerned. which facilities that are vulnerable to seis- shall provide to the Secretary an assurance
(3) ALLOCATION TO OUTLYING AREAS.—From mic natural disasters are seismically retro- that the State will comply with the require-
the amount reserved under paragraph (1)(A) fitted; ments of section 72103(c).
for a fiscal year, the Secretary shall allocate (V) any previous inspections showing the (B) SUBMITTAL OF STATE PLAN.—A State
to each outlying area an amount in propor- presence of toxic substances; and shall not be required to submit a State plan
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5593
under paragraph (1) before receiving an allo- (1) IN GENERAL.—Subject to paragraph (2), school facilities, consistent with guidance
cation for fiscal year 2022 under subsection from the amounts allocated to a State under issued by the Centers for Disease Control and
(a)(1)(A). A State that receives an allocation section 72102(a) and contributed by the State Prevention; and
under such section for such fiscal year shall under section 72102(c)(1), the State shall (2) from any funds remaining after making
submit to the Secretary the State plan de- award grants to qualified local educational grants to qualified local educational agen-
scribed in paragraph (1) not later than 90 agencies, on a competitive basis, to carry cies that meet the requirements of para-
days after the date on which such allocation out the activities described in section graph (1), the State may award grants to
is received. 72101(a). other qualified local educational agencies in
(3) APPROVAL AND DISAPPROVAL.—The Sec- (2) ALLOWANCE FOR DIGITAL LEARNING.—A accordance with the priorities established
retary shall have the authority to approve or State may use up to 10 percent of the under subsection (d).
disapprove a State plan submitted under amount described in paragraph (1) to make (d) PRIORITY OF GRANTS FOR OTHER FISCAL
paragraph (1). grants to qualified local educational agen- YEARS.—Except as provided in subsection (c),
(c) CONDITIONS.—As a condition of receiv- cies carry out activities to improve digital in awarding grants under this section, the
ing an allocation under this section, a State learning in accordance with section 72101(b). State shall give priority to qualified local
shall agree to the following: (b) ELIGIBILITY.— educational agencies that—
(1) MATCHING REQUIREMENT.— (1) IN GENERAL.—To be eligible to receive a (1)(A) demonstrate the greatest need for
(A) IN GENERAL.—The State shall con- grant under this section a qualified local such a grant, as determined by a comparison
tribute, from non-Federal sources, an educational agency— of the factors described in subsection (b)(1)
amount equal to 10 percent of the amount of (A) shall be among the local educational and other indicators of need in the public
the allocation received under this section to agencies in the State with the highest num- school facilities of such local educational
carry out the activities supported by the al- bers or percentages of students counted agencies, including—
under section 1124(c) of the Elementary and (i) the median age of facilities;
location.
Secondary Education Act of 1965 (20 U.S.C. (ii) the extent to which student enrollment
(B) DEADLINE.—The State shall provide any
6333(c)); exceeds physical and instructional capacity;
contribution required under subparagraph
(B) shall agree to prioritize the improve- (iii) the condition of major building sys-
(A) not later than September 30, 2030.
ment of the facilities of public schools that tems such as heating, ventilation, air condi-
(C) CERTAIN FISCAL YEARS.—With respect to
serve the highest percentages of students tioning, electrical, water, and sewer systems;
a fiscal year for which more than
who are eligible for a free or reduced price (iv) the condition of roofs, windows, and
$7,000,000,000 are appropriated to carry out
lunch under the Richard B. Russell National doors; and
this subtitle, subparagraph (A) shall be ap-
School Lunch Act (42 U.S.C. 1751 et seq.) (v) other critical health and safety condi-
plied as if ‘‘, from non-Federal sources,’’
(which, in the case of a high school, may be tions;
were struck.
calculated using comparable data from the (B) will use the grant to improve the facili-
(D) COMMITMENT TO PROPORTIONAL STATE
schools that feed into the high school), as ties of—
INVESTMENT IN SCHOOL FACILITIES.—
compared to other public schools in the ju- (i) elementary schools or middle schools
(i) IN GENERAL.—The State shall provide an
risdiction of the agency; and that have an enrollment of students who are
assurance to the Secretary that for each fis- (C) shall be among the local educational eligible for a free or reduced price lunch
cal year that the State receives an alloca- agencies in the State with the most limited under the Richard B. Russell National
tion under this section, the State’s share of capacity to raise funds for the long-term im- School Lunch Act (42 U.S.C. 1751 et seq.) that
school facilities capital outlay will be not provement of public school facilities, as de- constitutes not less than 40 percent of the
less than 90 percent of the average of the termined by an assessment of— total student enrollment at such schools; or
State’s share of school facilities capital out- (i) the current and historic ability of the (ii) high schools that have an enrollment of
lay for the 5 years preceding the fiscal year agency to raise funds for construction, ren- students who are eligible for a free or re-
for which the allocation is received. ovation, modernization, and major repair duced price lunch under such Act that con-
(ii) STATE’S SHARE OF SCHOOL FACILITIES projects for schools; stitutes not less than 30 percent of the total
CAPITAL OUTLAY.—In this subparagraph, the (ii) whether the agency has been able to student enrollment at such schools (which
term ‘‘State’s share of school facilities cap- issue bonds or receive other funds to support may be calculated using comparable data
ital outlay’’ means— school construction projects; and from the schools that feed into the high
(I) the total State expenditures on school (iii) the bond rating of the agency. school); and
facilities capital outlay projects; divided by (2) EQUITABLE DISTRIBUTION.— (C) operate public school facilities that
(II) the total school facilities capital ex- (A) NUMBERS AND PERCENTAGES OF CERTAIN pose a severe health and safety threat to stu-
penditures in the State on school facilities STUDENTS.—In making the determination dents and staff, which may include consider-
capital outlay projects. under paragraph (1)(A), the State shall en- ation of threats posed by the proximity of
(iii) TOTAL STATE EXPENDITURES.—In this sure that grants under this section are equi- the facilities to toxic sites or brownfield
subparagraph, the term ‘‘total State expend- tably distributed among— sites or the vulnerability of the facilities to
itures’’ means the State’s total expenditures (i) qualified local educational agencies in natural disasters; or
(from funds other than an allocation under the State with the highest numbers of stu- (2)(A) will use the grant to improve access
this section) on school facilities capital out- dents counted under section 1124(c) of the El- to high-speed broadband sufficient to support
lay projects, including— ementary and Secondary Education Act of digital learning in accordance with section
(I) any direct expenditures by the State for 1965 (20 U.S.C. 6333(c)); and 72101(b);
the purpose of school facilities capital out- (ii) qualified local educational agencies in (B) serve elementary schools or secondary
lay projects; and the State with the highest percentages of schools, including rural schools, that lack
(II) funds provided by the State to local students counted under such section. such access; and
educational agencies for the purpose of (B) GEOGRAPHIC DIVERSITY.—The State (C) meet one or more of the requirements
school facilities capital outlay projects. shall ensure that grants under this section set forth in subparagraphs (A) through (C) of
(iv) TOTAL SCHOOL FACILITIES CAPITAL EX- are awarded to qualified local educational paragraph (1).
PENDITURES IN THE STATE.—In this subpara- agencies that represent the geographic diver- (e) APPLICATION.—To be considered for a
graph, the term ‘‘total school facilities cap- sity of the State. grant under this section, a qualified local
ital expenditures in the State’’, means the (3) STATEWIDE THRESHOLDS.—The State educational agency shall submit an applica-
sum of— shall establish reasonable thresholds for de- tion to the State at such time, in such man-
(I) the total State expenditures calculated termining whether a local educational agen- ner, and containing such information as the
under clause (iii); plus cy is among agencies in the State with the State may require. Such application shall in-
(II) all additional expenditures (from funds highest numbers or percentages of students clude, at minimum—
other than an allocation under this section) counted under section 1124(c) of the Elemen- (1) the information necessary for the State
on school facilities capital outlay projects tary and Secondary Education Act of 1965 (20 to make the determinations under sub-
by local educational agencies in the State U.S.C. 6333(c)) as required under paragraph sections (b) through (d);
that were not included in the calculation of (1)(A). (2) a description of the projects that the
total State expenditures under clause (iii). (c) PRIORITY OF GRANTS FOR FISCAL YEAR agency plans to carry out with the grant;
(2) SUPPLEMENT NOT SUPPLANT.—The State 2022.—In awarding grants under this section (3) an explanation of how such projects will
shall use an allocation under this section for fiscal year 2022— reduce risks to the health and safety of staff
only to supplement the level of Federal, (1) the State shall first award grants to and students at schools served by the agen-
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State, and local public funds that would, in qualified local educational agencies that cy; and
absence of such allocation, be made available meet the requirements of subsection (d)(1) (4) in the case of a local educational agen-
for the activities supported by the alloca- that will use the grant to improve the facili- cy that proposes to fund a repair, renova-
tion, and not to supplant such funds. ties of schools described in subsection tion, or construction project for a public
SEC. 72103. NEED-BASED GRANTS TO QUALIFIED (d)(1)(B) to support indoor and outdoor social charter school, the extent to which—
LOCAL EDUCATIONAL AGENCIES. distancing, personal hygiene, and building (A) the public charter school lacks access
(a) GRANTS TO LOCAL EDUCATIONAL AGEN- hygiene (including with respect to heating, to funding for school repair, renovation, and
CIES.— ventilation, and air conditioning usage) in construction through the financing methods
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S5594 CONGRESSIONAL RECORD — SENATE August 2, 2021
available to other public schools or local SEC. 72104. ANNUAL REPORT ON GRANT PRO- by striking ‘‘means—’’ and all that follows
educational agencies in the State; and GRAM. through ‘‘which is part’’ and inserting
(B) the charter school operator owns or has (a) IN GENERAL.—Not later than September ‘‘means a qualified zone academy bond which
care and control of the facility that is to be 30 of each fiscal year beginning after the is part’’.
repaired, renovated, or constructed. date of the enactment of this Act, the Sec- (B) CONFORMING AMENDMENT.—Section
(f) FACILITIES MASTER PLAN.— retary shall submit to the appropriate con- 54A(c)(2)(C) of such Code, as revived by para-
gressional committees a report on the graph (1), is amended by striking ‘‘means—’’
(1) PLAN REQUIRED.—Not later than 180
projects carried out with funds made avail- and all that follows and inserting ‘‘a purpose
days after receiving a grant under this sec-
able under this subtitle. specified in section 54E(a)(1)’’.
tion, a qualified local educational agency (b) ELEMENTS.—The report under sub-
shall submit to the State a comprehensive (3) CONFORMING AMENDMENTS.—
section (a) shall include, with respect to the
10-year facilities master plan. (A) The Internal Revenue Code of 1986 is
fiscal year preceding the year in which the
(2) ELEMENTS.—The facilities master plan amended by inserting before section 54A (as
report is submitted, the following:
required under paragraph (1) shall include, revived by paragraph (1)) the following:
(1) An identification of each local edu-
with respect to all public school facilities of cational agency that received a grant under ‘‘Subpart I—Qualified Tax Credit Bonds
the qualified local educational agency, a de- this subtitle.
scription of— ‘‘Sec. 54A. Credit to holder of qualified tax
(2) With respect to each such agency, a de- credit bonds.’’.
(A) the extent to which public school fa- scription of—
cilities meet students’ educational needs and (B) Section 6401(b)(1) of such Code is
(A) the demographic composition of the amended by striking ‘‘and G’’ and inserting
support the agency’s educational mission student population served by the agency,
and vision; ‘‘G, and I’’.
disaggregated by— (C) The table of subparts for part IV of sub-
(B) the physical condition of the public (i) race;
school facilities; chapter A of chapter 1 of such Code is
(ii) the number and percentage of students amended by adding at the end the following:
(C) the current health, safety, and environ- counted under section 1124(c) of the Elemen-
mental conditions of the public school facili- tary and Secondary Education Act of 1965 (20 ‘‘SUBPART I—QUALIFIED TAX CREDIT BONDS’’.
ties, including— U.S.C. 6333(c)); and
(i) indoor air quality; (b) CREDIT ALLOWED TO ISSUER.—
(iii) the number and percentage of students (1) IN GENERAL.—Section 6431 of the Inter-
(ii) the presence of toxic substances; who are eligible for a free or reduced price
(iii) the safety of drinking water at the tap nal Revenue Code of 1986, as in effect on the
lunch under the Richard B. Russell National day before repeal by Public Law 115–97, is re-
and water used for meal preparation, includ- School Lunch Act (42 U.S.C. 1751 et seq.);
ing the level of lead and other contaminants vived.
(B) the population density of the geo- (2) CONFORMING AMENDMENT.—Section
in such water; graphic area served by the agency;
(iv) energy and water efficiency; 6211(b)(4) of such Code is amended by strik-
(C) the projects for which the agency used ing ‘‘and 6428A’’ and inserting ‘‘6428A, and
(v) excessive classroom noise; and the grant received under this subtitle, de-
(vi) other health, safety, and environ- 6431’’.
scribed using measurements of school facil-
mental conditions that would impact the (c) QUALIFIED ZONE ACADEMY BONDS.—
ity quality from the most recent available
health, safety, and learning ability of stu- (1) IN GENERAL.—Section 54E of the Inter-
version of the Common Education Data
dents; nal Revenue Code of 1986, as in effect on the
Standards published by the National Center
(D) how the local educational agency will day before repeal by Public Law 115–97, is re-
for Education Statistics;
address any conditions identified under sub- vived.
(D) the demonstrable or expected benefits
paragraph (C); (2) EXTENSION OF LIMITATION.—Section
of the projects; and
(E) the impact of current and future stu- 54E(c)(1) of such Code is amended—
(E) the estimated number of jobs created
dent enrollment levels (as of the date of ap- (A) by striking ‘‘and $400,000,000’’ and in-
by the projects.
plication) on the design of current and future serting ‘‘$400,000,000’’, and
(3) The total dollar amount of all grants
public school facilities, as well as the finan- (B) by striking ‘‘and, except as provided’’
received by local educational agencies under
cial implications of such enrollment levels; and all that follows through the period at
this subtitle.
(F) the dollar amount and percentage of (c) LEA INFORMATION COLLECTION.—A local the end and inserting ‘‘, and $1,400,000,000 for
funds the local educational agency will dedi- educational agency that receives a grant 2022 and each calendar year thereafter.’’.
cate to capital construction projects for pub- under this subtitle shall— (3) REMOVAL OF PRIVATE BUSINESS CON-
lic school facilities, including— (1) annually compile the information de- TRIBUTION REQUIREMENT.—Section 54E of the
(i) any funds in the budget of the agency scribed in subsection (b)(2); Internal Revenue Code of 1986, as revived by
that will be dedicated to such projects; and (2) make the information available to the paragraph (1) and amended by paragraph (2),
(ii) any funds not in the budget of the public, including by posting the information is amended—
agency that will be dedicated to such on a publicly accessible agency website; and (A) in subsection (a)(3), by inserting ‘‘and’’
projects, including any funds available to the (3) submit the information to the State. at the end of subparagraph (A), by striking
agency as the result of a bond issue; and (d) STATE INFORMATION DISTRIBUTION.—A subparagraph (B), and by redesignating sub-
(G) the dollar amount and percentage of State that receives information from a local paragraph (C) as subparagraph (B),
funds the local educational agency will dedi- educational agency under subsection (c) (B) by striking subsection (b), and
cate to the maintenance and operation of shall— (C) by redesignating subsections (c) and (d)
public school facilities, including— (1) compile the information and report it as subsections (b) and (c), respectively.
(i) any funds in the budget of the agency annually to the Secretary at such time and (4) CONSTRUCTION OF A PUBLIC SCHOOL FA-
that will be dedicated to the maintenance in such manner as the Secretary may re- CILITY.—Section 54E(c)(3)(A) of the Internal
and operation of such facilities; and quire; Revenue Code of 1986, as revived by para-
(ii) any funds not in the budget of the (2) make the information available to the graph (1) and redesignated in paragraph
agency that will be dedicated to the mainte- public, including by posting the information (3)(C), is amended by striking ‘‘rehabili-
nance and operation of such facilities. on a publicly accessible State website; and tating or repairing’’ and inserting ‘‘con-
(3) CONSULTATION.—In developing the fa- (3) regularly distribute the information to structing, rehabilitating, retrofitting, or re-
cilities master plan required under para- local educational agencies and Tribal gov- pairing’’.
graph (1)— ernments in the State. (d) CONFORMING AMENDMENT RELATED TO
(A) a qualified local educational agency SEC. 72105. AUTHORIZATION OF APPROPRIA- APPLICATION OF CERTAIN LABOR STAND-
shall consult with teachers, principals and TIONS. ARDS.—
other school leaders, custodial and mainte- There are authorized to be appropriated, (1) IN GENERAL.—Subchapter IV of chapter
nance staff, emergency first responders, and there are appropriated, $20,000,000,000 for 31 of the title 40, United States Code, shall
school facilities directors, students and fam- each of fiscal years 2022 through 2026 to carry apply to projects financed with the proceeds
ilies, community residents, and Indian out this subtitle. Amounts so appropriated of any qualified zone academy bond (as de-
Tribes; and are authorized to remain available through fined in section 54E of the Internal Revenue
(B) in addition to the consultation required fiscal year 2031. Code of 1986) issued after the date of the en-
under subparagraph (A), a Bureau-funded Subtitle B—School Infrastructure Bonds actment of the American Recovery and Rein-
school shall consult with the Bureau of In- SEC. 72111. RESTORATION OF CERTAIN QUALI- vestment Tax Act of 2009.
dian Education. FIED TAX CREDIT BONDS. (2) CONFORMING AMENDMENT.—Section 1601
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(g) SUPPLEMENT NOT SUPPLANT.—A quali- (a) ALLOWANCE OF CREDIT.— of the American Recovery and Reinvestment
fied local educational agency shall use a (1) IN GENERAL.—Section 54A of the Inter- Tax Act of 2009 is amended by striking para-
grant received under this section only to nal Revenue Code of 1986, as in effect on the graph (3) and redesignating paragraphs (4)
supplement the level of Federal, State, and day before repeal by Public Law 115–97, is re- and (5) as paragraphs (3) and (4), respec-
local public funds that would, in the absence vived. tively.
of such grant, be made available for the ac- (2) CREDIT LIMITED TO CERTAIN BONDS.— (e) EFFECTIVE DATE.—The amendments
tivities supported by the grant, and not to (A) IN GENERAL.—Section 54A(d)(1) of such made by this section shall apply to obliga-
supplant such funds. Code, as revived by paragraph (1), is amended tions issued after December 31, 2022.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5595
SEC. 72112. SCHOOL INFRASTRUCTURE BONDS. extent that less than 100 percent of the avail- cordance with section 72101(b) of the Reopen
(a) IN GENERAL.—The Internal Revenue able project proceeds of the issue are ex- and Rebuild America’s Schools Act of 2021.
Code of 1986 is amended by inserting after pended at the close of the period described in ‘‘(h) INTEREST PAYMENT DATE.—For pur-
subpart I (as revived by section 72111) of part subparagraph (A) with respect to such issue, poses of this section, the term ‘interest pay-
IV of subchapter A of chapter 1 the following the issuer shall redeem all of the non- ment date’ means any date on which the
new subpart: qualified bonds within 90 days after the end holder of record of the school infrastructure
‘‘Subpart J—School Infrastructure Bonds of such period. For purposes of this para- bond is entitled to a payment of interest
‘‘Sec. 54BB. School infrastructure bonds. graph, the amount of the nonqualified bonds under such bond.
‘‘SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. required to be redeemed shall be determined ‘‘(i) SPECIAL RULES.—
‘‘(a) IN GENERAL.—If a taxpayer holds a in the same manner as under section 142. ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE
school infrastructure bond on one or more ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES- BONDS INCLUDIBLE IN GROSS INCOME FOR FED-
interest payment dates of the bond during IGNATED.—The maximum aggregate face ERAL INCOME TAX PURPOSES.—For purposes of
any taxable year, there shall be allowed as a amount of bonds issued during any calendar this title, interest on any school infrastruc-
credit against the tax imposed by this chap- year which may be designated under sub- ture bond shall be includible in gross income.
ter for the taxable year an amount equal to section (d)(1)(D) by any issuer shall not ex- ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
the sum of the credits determined under sub- ceed the limitation amount allocated under similar to the rules of subsections (f), (g),
section (b) with respect to such dates. subsection (g) for such calendar year to such (h), and (i) of section 54A shall apply for pur-
‘‘(b) AMOUNT OF CREDIT.—The amount of issuer. poses of the credit allowed under subsection
the credit determined under this subsection ‘‘(f) NATIONAL LIMITATION ON AMOUNT OF (a).’’.
with respect to any interest payment date BONDS DESIGNATED.—The national qualified (b) CREDIT ALLOWED TO ISSUER.—Section
for a school infrastructure bond is 100 per- school infrastructure bond limitation for 6431(f)(3)(A) of such Code, as revived by sec-
cent of the amount of interest payable by each calendar year is—
tion 201(b)(1), is amended by striking ‘‘means
the issuer with respect to such date. ‘‘(1) $10,000,000,000 for 2022,
any qualified tax credit bond’’ and all that
‘‘(c) LIMITATION BASED ON AMOUNT OF ‘‘(2) $10,000,000,000 for 2023, and
follows through the end of subparagraph (A)
TAX.— ‘‘(3) $10,000,000,000 for 2024.
‘‘(g) ALLOCATION OF LIMITATION.— and inserting ‘‘means any bond if—
‘‘(1) IN GENERAL.—The credit allowed under ‘‘(A) such bond is—
subsection (a) for any taxable year shall not ‘‘(1) ALLOCATIONS.—
‘‘(A) STATES.—After application of sub- ‘‘(i) qualified tax credit bond which is a
exceed the excess of— qualified zone academy bond (as defined in
‘‘(A) the sum of the regular tax liability of paragraph (B) and paragraph (3)(A), the limi-
tation applicable under subsection (f) for a section 54E) determined without regard to
the taxpayer (as defined in section 26(b)) plus any allocation relating to the national zone
the tax imposed by section 55, over calendar year shall be allocated by the Sec-
retary among the States in proportion to the academy bond limitation for years after 2010
‘‘(B) the sum of the credits allowable under or any carryforward of any such allocation,
this part (other than subpart C and this sub- respective amounts received by all local edu-
cational agencies in each State under part A or
part). ‘‘(ii) any school infrastructure bond (as de-
‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) fined in section 54BB), and’’.
credit allowable under subsection (a) exceeds (c) APPLICATION OF CERTAIN LABOR STAND-
the limitation imposed by paragraph (1) for for the previous fiscal year relative to the
ARDS.—Subchapter IV of chapter 31 of the
such taxable year, such excess shall be car- total such amount received by all local edu-
cational agencies for the most recent fiscal title 40, United States Code, shall apply to
ried to the succeeding taxable year and projects financed with the proceeds of any
added to the credit allowable under sub- year ending before such calendar year.
‘‘(B) CERTAIN POSSESSIONS.—One-half of 1 qualified zone academy bond (as defined in
section (a) for such taxable year (determined section 54E of the Internal Revenue Code of
before the application of paragraph (1) for percent of the amount of the limitation ap-
plicable under subsection (f) for a calendar 1986) issued after the date of the enactment
such succeeding taxable year).
year shall be allocated by the Secretary to of this Act.
‘‘(d) SCHOOL INFRASTRUCTURE BOND.—
possessions of the United States other than (d) CONFORMING AMENDMENTS.—
‘‘(1) IN GENERAL.—For purposes of this sec-
(1) Section 6401(b)(1) of the Internal Rev-
tion, the term ‘school infrastructure bond’ Puerto Rico for such calendar year.
enue Code of 1986, as amended by section
means any bond issued as part of an issue ‘‘(2) ALLOCATIONS TO SCHOOLS.—The limita-
if— tion amount allocated to a State or posses- 72111(a), is amended by striking ‘‘and I’’ and
‘‘(A) 100 percent of the available project sion under paragraph (1) shall be allocated inserting ‘‘I, and J’’.
proceeds of such issue are to be used for the by the State educational agency (or such (2) The table of subparts for part IV of sub-
purposes described in section 72101 of the Re- other agency as is authorized under State chapter A of chapter 1 of such Code, as
open and Rebuild America’s Schools Act of law to make such allocation) to issuers with- amended by section 72111(a), is amended by
2021, in such State or possession in accordance adding at the end the following:
‘‘(B) the interest on such obligation would with the priorities described in subsections ‘‘SUBPART J—SCHOOL INFRASTRUCTURE
(but for this section) be excludable from (c) and (d) of section 72103 the of the Reopen BONDS’’.
gross income under section 103, and Rebuild America’s Schools Act of 2021 (e) EFFECTIVE DATE.—The amendments
‘‘(C) the issue meets the requirements of and the eligibility requirements described in made by this section shall apply to obliga-
paragraph (3), and section 72103(b) of such Act, except that tions issued after December 31, 2022.
‘‘(D) the issuer designates such bond for paragraph (1)(C) of such section shall not SEC. 72113. ANNUAL REPORT ON BOND PRO-
purposes of this section. apply to the determination of eligibility for GRAM.
‘‘(2) APPLICABLE RULES.—For purposes of such allocation. (a) IN GENERAL.—Not later than September
applying paragraph (1)— ‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.— 30 of each fiscal year beginning after the
‘‘(A) for purposes of section 149(b), a school ‘‘(A) IN GENERAL.—One-half of 1 percent of date of the enactment of this Act, the Sec-
infrastructure bond shall not be treated as the amount of the limitation applicable retary of the Treasury shall submit to the
federally guaranteed by reason of the credit under subsection (f) for any calendar year appropriate congressional committees a re-
allowed under section 6431(a), shall be allocated by the Secretary to the port on the amendments made by sections
‘‘(B) for purposes of section 148, the yield Secretary of the Interior for schools funded 72111 and 72112.
on a school infrastructure bond shall be de- by the Bureau of Indian Affairs for such cal- (b) ELEMENTS.—The report under para-
termined without regard to the credit al- endar year. graph (1) shall include, with respect to the
lowed under subsection (a), and ‘‘(B) ALLOCATION TO SCHOOLS.—The limita- fiscal year preceding the year in which the
‘‘(C) a bond shall not be treated as a school tion amount allocated to the Secretary of report is submitted, the following:
infrastructure bond if the issue price has the Interior under paragraph (1) shall be al- (1) An identification of—
more than a de minimis amount (determined located by such Secretary to issuers or (A) each local educational agency (if any)
under rules similar to the rules of section schools funded as described in paragraph (2). that received an allocation under section
1273(a)(3)) of premium over the stated prin- In the case of amounts allocated under the 54E(b)(2) or 54BB(g) of the Internal Revenue
cipal amount of the bond. preceding sentence, Indian tribal govern- Code of 1986, and
‘‘(3) 6-YEAR EXPENDITURE PERIOD.— ments shall be treated as qualified issuers (B) each local educational agency (if any)
‘‘(A) IN GENERAL.—An issue shall be treated for purposes of this subchapter. that was eligible to receive such funds but
as meeting the requirements of this para- ‘‘(4) DIGITAL LEARNING.—Up to 10 percent of did not receive such funds.
graph if, as of the date of issuance, the issuer the limitation amount allocated under para- (2) With respect to each local educational
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reasonably expects 100 percent of the avail- graph (1) or (3)(A) may be allocated by the agency described in paragraph (1)—
able project proceeds to be spent for purposes State to issuers within such State (in the (A) an assessment of the capacity of the
described in section 72101 of the Reopen and case of an amount allocated under paragraph agency to raise funds for the long-term im-
Rebuild America’s Schools Act of 2021 within (1)) or by the Secretary of the Interior to provement of public school facilities, as de-
the 6-year period beginning on such date of issuers or schools funded by the Bureau of termined by an assessment of—
issuance. Indian Affairs (in the case of an amount allo- (i) the current and historic ability of the
‘‘(B) FAILURE TO SPEND REQUIRED AMOUNT cated under paragraph (3)(A)) to carry out agency to raise funds for construction, ren-
OF BOND PROCEEDS WITHIN 6 YEARS.—To the activities to improve digital learning in ac- ovation, modernization, and major repair
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S5596 CONGRESSIONAL RECORD — SENATE August 2, 2021
projects for schools, including the ability of premises by utilizing design elements, prin- SEC. 72213. REQUIREMENTS FOR HAZARD-RESIST-
the agency to raise funds through imposition ciples, and technology that— ANCE AND ENERGY AND WATER
CONSERVATION.
of property taxes, (A) guarantee layers of security through-
(ii) whether the agency has been able to out the school premises; and A local educational agency that receives
issue bonds to fund construction projects, in- covered funds shall ensure that any new con-
(B) uphold the aesthetics of the school
cluding— struction, modernization, or renovation
premises as a learning and teaching environ-
project carried out with such funds meets or
(I) qualified zone academy bonds under sec- ment;
exceeds the requirements of the following:
tion 54E of the Internal Revenue Code of (11) improve energy and water efficiency to (1) Requirements for such projects set
1986, and lower the costs of energy and water con- forth in the most recent published edition of
(II) school infrastructure bonds under sec- sumption in public school facilities; a nationally recognized, consensus-based
tion 54BB of the Internal Revenue Code of (12) improve indoor air quality in public model building code.
1986, and school facilities; (2) Requirements for such projects set
(iii) the bond rating of the agency, (13) reduce or eliminate the presence of— forth in the most recent published edition of
(B) the demographic composition of the (A) toxic substances, including mercury, a nationally recognized, consensus-based
student population served by the agency, radon, PCBs, lead, and asbestos; model energy conservation code.
disaggregated by— (B) mold and mildew; or (3) Performance criteria under the
(i) race, (C) rodents and pests; WaterSense program, established under sec-
(ii) the number and percentage of students (14) ensure the safety of drinking water at tion 324B of the of the Energy Policy and
counted under section 1124(c) of the Elemen- the tap and water used for meal preparation Conservation Act (42 U.S.C. 6294b), applicable
tary and Secondary Education Act of 1965 (20 in public school facilities, which may include to such projects within a nationally recog-
U.S.C. 6333(c)), and testing of the potability of water at the tap nized, consensus-based model code.
(iii) the number and percentage of students for the presence of lead and other contami- (4) Indoor environmental air quality re-
who are eligible for a free or reduced price nants; quirements applicable to such projects as set
lunch under the Richard B. Russell National (15) bring public school facilities into com- forth in the most recent published edition of
School Lunch Act (42 U.S.C. 1751 et seq.), pliance with applicable fire, health, and safe- a nationally recognized, consensus-based
(C) the population density of the geo- ty codes; standard.
graphic area served by the agency, (16) make public school facilities accessible SEC. 72214. GREEN PRACTICES.
(D) a description of the projects carried out to people with disabilities through compli- (a) IN GENERAL.—In a given fiscal year, a
with funds received from school infrastruc- ance with the Americans with Disabilities local educational agency that uses covered
ture bonds, Act of 1990 (42 U.S.C. 12101 et seq.) and sec- funds for a new construction project or ren-
(E) a description of the demonstrable or ex- tion 504 of the Rehabilitation Act of 1973 (29 ovation project shall use not less than the
pected benefits of the projects, and U.S.C. 794); applicable percentage (as described in sub-
(F) the estimated number of jobs created (17) provide instructional program space section (b)) of the funds used for such project
by the projects. improvements for programs relating to early for construction or renovation that is cer-
(3) The total dollar amount of all funds re- learning (including early learning programs tified, verified, or consistent with the appli-
ceived by local educational agencies from operated by partners of the agency), special cable provisions of—
school infrastructure bonds. (1) the United States Green Building Coun-
education, science, technology, career and
(4) Any other factors that the Secretary of cil Leadership in Energy and Environmental
technical education, physical education,
the Treasury determines to be appropriate. Design green building rating standard (com-
music, the arts, and literacy (including li-
(c) INFORMATION COLLECTION.—A State or monly known as the ‘‘LEED Green Building
local educational agency that receives an al- brary programs);
(18) increase the use of public school facili- Rating System’’);
location under section 54E(b)(2) or 54BB(g) of (2) the Living Building Challenge devel-
the Internal Revenue Code of 1986 shall— ties for the purpose of community-based
oped by the International Living Future In-
(1) annually compile the information nec- partnerships that provide students with aca-
stitute;
essary for the Secretary of the Treasury to demic, health, and social services;
(3) a green building rating program devel-
determine the elements described in sub- (19) ensure the health of students and staff
oped by the Collaborative for High-Perform-
section (b), and during the construction or modernization of
ance Schools (commonly known as ‘‘CHPS’’)
(2) report the information to the Secretary public school facilities; or
that is CHPS-verified; or
of the Treasury at such time and in such (20) reduce or eliminate excessive class-
(4) a program that—
manner as the Secretary of the Treasury room noise due to activities allowable under
(A) has standards that are equivalent to or
may require. this section.
more stringent than the standards of a pro-
(d) SECRETARY OF THE TREASURY.—For pur- (b) ALLOWANCE FOR DIGITAL LEARNING.—A gram described in paragraphs (1) through (3);
poses of this section, the term ‘‘Secretary of local educational agency may use covered (B) is adopted by the State or another ju-
the Treasury’’ includes the Secretary’s dele- funds to leverage existing public programs or risdiction with authority over the agency;
gate. public-private partnerships to expand access and
Subtitle C—Uses of Funds to high-speed broadband sufficient for digital (C) includes a verifiable method to dem-
SEC. 72211. ALLOWABLE USES OF FUNDS. onstrate compliance with such program.
learning. (b) APPLICABLE PERCENTAGE.—The applica-
(a) IN GENERAL.—Except as provided in sec-
SEC. 72212. PROHIBITED USES. ble percentage described in this subsection
tion 72212, a local educational agency that
is—
receives covered funds may use such funds (a) IN GENERAL.—A local educational agen- (1) for fiscal year 2022, 60 percent;
to— cy that receives covered funds may not use (2) for fiscal year 2023, 70 percent;
(1) develop the facilities master plan re- such funds for— (3) for fiscal year 2024; 80 percent;
quired under section 72213(f); (1) payment of routine and predictable (4) for fiscal year 2025, 90 percent; and
(2) construct, modernize, renovate, or ret- maintenance costs and minor repairs; (5) for each of fiscal years 2026 through
rofit public school facilities, which may in- (2) any facility that is primarily used for 2031, 100 percent.
clude seismic retrofitting for schools vulner- athletic contests or exhibitions or other SEC. 72215. USE OF AMERICAN IRON, STEEL, AND
able to seismic natural disasters; events for which admission is charged to the MANUFACTURED PRODUCTS.
(3) carry out major repairs of public school general public; (a) IN GENERAL.—A local educational agen-
facilities; (3) vehicles; or cy that receives covered funds shall ensure
(4) install furniture or fixtures with at (4) central offices, operation centers, or that any iron, steel, and manufactured prod-
least a 10-year life in public school facilities; other facilities that are not primarily used ucts used in projects carried out with such
(5) construct new public school facilities; to educate students. funds are produced in the United States.
(6) acquire and prepare sites on which new (b) WAIVER AUTHORITY.—
public school facilities will be constructed; (b) ADDITIONAL PROHIBITIONS RELATING TO (1) IN GENERAL.—The Secretary may waive
(7) extend the life of basic systems and CHARTER SCHOOLS.—No covered funds may be the requirement of subsection (a) if the Sec-
components of public school facilities; used— retary determines that—
(8) ensure current or anticipated enroll- (1) for the facilities of a public charter (A) applying subsection (a) would be incon-
ment does not exceed the physical and in- school that is operated by a for-profit entity; sistent with the public interest;
structional capacity of public school facili- or (B) iron, steel, and manufactured products
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ties; (2) for the facilities of a public charter produced in the United States are not pro-
(9) ensure the building envelopes and inte- school if— duced in a sufficient and reasonably avail-
riors of public school facilities protect occu- (A) the school leases the facilities from an able amount or are not of a satisfactory
pants from natural elements and human individual or private sector entity; and quality; or
threats, and are structurally sound and se- (B) such individual, or an individual with a (C) using iron, steel, and manufactured
cure; direct or indirect financial interest in such products produced in the United States will
(10) compose building design plans that entity, has a management or governance role increase the cost of the overall project by
strengthen the safety and security on school in such school. more than 25 percent.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5597
(2) PUBLICATION.—Before issuing a waiver (A) race; (1) identify the data that States should col-
under paragraph (1), the Secretary shall pub- (B) the number and percentage of students lect and include in the databases developed
lish in the Federal Register a detailed writ- counted under section 1124(c) of the Elemen- under section 72312(a)(2)(A)(ii);
ten explanation of the waiver determination. tary and Secondary Education Act of 1965 (20 (2) develop standards for the measurement
(c) CONSISTENCY WITH INTERNATIONAL U.S.C. 6333(c)); and of such data; and
AGREEMENTS.—This section shall be applied (C) the number and percentage of students (3) issue guidance to States concerning the
in a manner consistent with the obligations who are eligible for a free or reduced price collection and measurement of such data.
of the United States under international lunch under the Richard B. Russell National (b) OFFICIALS.—The officials described in
agreements. School Lunch Act (42 U.S.C. 1751 et seq.); this subsection are—
(d) DEFINITIONS.—In this section: (5) an assessment of the impact of the (1) the Administrator of the Environ-
(1) PRODUCED IN THE UNITED STATES.—The projects on the health and safety of school mental Protection Agency;
term ‘‘produced in the United States’’ means staff and students; and (2) the Secretary of Energy;
the following: (6) how the Secretary or States could make (3) the Director of the Centers for Disease
(A) When used with respect to a manufac- covered funds more accessible— Control and Prevention; and
tured product, the product was manufac- (A) to schools with the highest numbers (4) the Director of the National Institute
tured in the United States and the cost of and percentages of students counted under for Occupational Safety and Health.
the components of such product that were section 1124(c) of the Elementary and Sec- SEC. 72314. INFORMATION CLEARINGHOUSE.
mined, produced, or manufactured in the ondary Education Act of 1965 (20 U.S.C. (a) IN GENERAL.—Not later than 120 days
United States exceeds 60 percent of the total 6333(c)); and after the date of the enactment of this Act,
cost of all components of the product. (B) to schools with fiscal challenges in the Secretary shall establish a clearinghouse
(B) When used with respect to iron or steel raising capital for school infrastructure to disseminate information on Federal pro-
products, or an individual component of a projects. grams and financing mechanisms that may
manufactured product, all manufacturing (c) UPDATES.—The Comptroller General be used to assist schools in initiating, devel-
processes for such iron or steel products or shall update and resubmit the report to the oping, and financing—
components, from the initial melting stage appropriate congressional committees— (1) energy efficiency projects;
through the application of coatings, occurred (1) on a date that is between 5 and 6 years (2) distributed generation projects; and
in the United States, except that the term after the date of the enactment of this Act; (3) energy retrofitting projects.
does not include— and (b) ELEMENTS.—In carrying out subsection
(i) steel or iron material or products manu- (2) on a date that is between 10 and 11 years (a), the Secretary shall—
factured abroad from semi-finished steel or after such date of enactment. (1) consult with the officials described in
iron from the United States; and SEC. 72312. STUDY AND REPORT ON PHYSICAL section 72313(b) to develop a list of Federal
(ii) steel or iron material or products man- CONDITION OF PUBLIC SCHOOLS.
programs and financing mechanisms to be
ufactured in the United States from semi- (a) STUDY AND REPORT.—Not less fre- included in the clearinghouse; and
finished steel or iron of foreign origin. quently than once in each 5-year period be- (2) coordinate with such officials to de-
(2) MANUFACTURED PRODUCT.—The term ginning after the date of the enactment of velop a collaborative education and outreach
‘‘manufactured product’’ means any con- this Act, the Secretary, acting through the effort to streamline communications and
struction material or end product (as such Director of the Institute of Education
terms are defined in part 25.003 of the Fed- promote the Federal programs and financing
Sciences, shall—
eral Acquisition Regulation) that is not an mechanisms included in the clearinghouse,
(1) carry out a comprehensive study of the
iron or steel product, including— which may include the development and
physical conditions of all public schools in
(A) electrical components; and maintenance of a single online resource that
each State and outlying area; and
(B) non-ferrous building materials, includ- includes contact information for relevant
(2) submit a report to the appropriate con-
ing, aluminum and polyvinylchloride (PVC), technical assistance that may be used by
gressional committees that includes the re-
glass, fiber optics, plastic, wood, masonry, States, outlying areas, local educational
sults of the study.
rubber, manufactured stone, any other non- (b) ELEMENTS.—Each study and report agencies, and Bureau-funded schools effec-
ferrous metals, and any unmanufactured under subsection (a) shall include— tively access and use such Federal programs
construction material. (1) an assessment of— and financing mechanisms.
Subtitle D—Reports and Other Matters (A) the effect of school facility conditions Subtitle E—Impact Aid Construction
SEC. 72311. COMPTROLLER GENERAL REPORT. on student and staff health and safety; SEC. 72411. TEMPORARY INCREASE IN FUNDING
(B) the effect of school facility conditions FOR IMPACT AID CONSTRUCTION.
(a) IN GENERAL.—Not later than 2 years
after the date of the enactment of this Act, on student academic outcomes; Section 7014(d) of the Elementary and Sec-
the Comptroller General of the United States (C) the condition of school facilities, set ondary Education Act of 1965 (20 U.S.C.
shall submit to the appropriate congres- forth separately by geographic region; 7714(d)) is amended to read as follows:
sional committees a report on the projects (D) the condition of school facilities for ‘‘(d) CONSTRUCTION.—For the purpose of
carried out with covered funds. economically disadvantaged students as well carrying out section 7007, there are author-
(b) ELEMENTS.—The report under sub- as students from major racial and ethnic ized to be appropriated, and there are appro-
section (a) shall include an assessment of— subgroups; priated, $100,000,000 for each of fiscal years
(1) State activities, including— (E) the accessibility of school facilities for 2022 through 2026.’’.
(A) the types of public school facilities students and staff with disabilities; Subtitle F—Assistance for Repair of School
data collected by each State, if any; (F) the prevalence of school facilities at Foundations Affected by Pyrrhotite
(B) technical assistance with respect to which student enrollment exceeds the phys- SEC. 72511. ALLOCATIONS TO STATES.
public school facilities provided by each ical and instructional capacity of the facil- (a) IN GENERAL.—Beginning not later than
State, if any; ity and the effect of such excess enrollment 180 days after the date of the enactment of
(C) future plans of each State with respect on instructional quality and delivery of this Act, the Secretary shall carry out a pro-
to public school facilities; school wraparound services; gram under which the Secretary makes allo-
(D) criteria used by each State to deter- (G) the condition of school facilities af- cations to States to pay the Federal share of
mine high-need students and facilities for fected by natural disasters; the costs of making grants to local edu-
purposes of the projects carried out with cov- (H) the effect that projects carried out cational agencies under section 72512.
ered funds; and with covered funds have on the communities (b) WEBSITE.—Not later than 180 days after
(E) whether the State issued new regula- in which such projects are conducted, includ- the date of enactment of this Act, the Sec-
tions to ensure the health and safety of stu- ing the vitality, jobs, population, and econ- retary shall publish, on a publicly accessible
dents and staff during construction or ren- omy of such communities; and website of the Department of Education, in-
ovation projects or to ensure safe, healthy, (I) the ability of building envelopes and in- structions describing how a State may re-
and high-performing school buildings; teriors of public school facilities to protect ceive an allocation under this section.
(2) the types of projects carried out with occupants from natural elements and human SEC. 72512. GRANTS TO LOCAL EDUCATIONAL
covered funds, including— threats; AGENCIES.
(A) the square footage of the improvements (2) an explanation of any differences ob- (a) IN GENERAL.—From the amounts allo-
made with covered funds; served with respect to the factors described cated to a State under section 72511(a) and
(B) the total cost of each such project; and in subparagraphs (A) through (I) of para- contributed by the State under subsection
(C) the cost described in subparagraph (B), graph (1); and (e)(2), the State shall award grants to local
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disaggregated by, with respect to such (3) a cost estimate for bringing school fa- educational agencies—
project, the cost of planning, design, con- cilities to a state of good repair, as deter- (1) to pay the future costs of repairing con-
struction, site purchase, and improvements; mined by the Secretary. crete school foundations damaged by the
(3) the geographic distribution of the SEC. 72313. DEVELOPMENT OF DATA STANDARDS. presence of pyrrhotite; or
projects; (a) DATA STANDARDS.—Not later than 120 (2) to reimburse such agencies for costs in-
(4) the demographic composition of the days after the date of the enactment of this curred by the agencies in making such re-
student population served by the projects, Act, the Secretary, in consultation with the pairs in the five-year period preceding the
disaggregated by— officials described in subsection (b), shall— date of enactment of this Act.
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S5598 CONGRESSIONAL RECORD — SENATE August 2, 2021
(b) LOCAL EDUCATIONAL AGENCY ELIGI- (ii) deny such application, in the case of an (B) Pyrrhotite is present in the school’s
BILITY.— application that does not meet such require- concrete foundation, as demonstrated by a
(1) ELIGIBILITY FOR GRANTS FOR FUTURE RE- ments. petrographic or other type of laboratory core
PAIRS.—To be eligible to receive a grant (2) DISBURSEMENT.— analysis or core inspection.
under subsection (a)(1), a local educational (A) ALLOCATION.—The Secretary shall dis- (C) A visual inspection of the school’s con-
agency shall— burse an allocation to a State not later than crete foundation indicates that the presence
(A) with respect to each school for which 60 days after the date on which the Secretary of pyrrhotite is causing the foundation to de-
the agency seeks to use grant funds, dem- approves an application under paragraph teriorate at an unsafe rate.
onstrate to the State that— (1)(B). (D) A qualified engineer determined that
(i) the school is a pyrrhotite-affected (B) GRANT.—The State shall disburse grant the deterioration of the school’s foundation,
school; and funds to a local educational agency not later due to the presence of pyrrhotite—
(ii) any laboratory tests, core tests, and than 60 days after the date on which the (i) caused the school to become struc-
visual inspections of the school’s foundation State receives an allocation under subpara- turally unsound; or
used to determine that the school is a graph (A). (ii) will result in the school becoming
pyrrhotite-affected school were conducted— (e) FEDERAL AND STATE SHARE.— structurally unsound within the next five
(I) by a professional engineer licensed in (1) FEDERAL SHARE.—The Federal share of years.
the State in which the school is located; and each grant under this section shall be an (2) QUALIFIED CONTRACTOR.—The term
(II) in accordance with applicable State amount that is not more than 50 percent of ‘‘qualified contractor’’ means a contractor
standards or standards approved by any inde- the total cost of the project for which the who is qualified under State law, or approved
pendent, nonprofit, or private entity author- grant is awarded. by any State agency or other State-sanc-
ized by the State to oversee construction, (2) STATE SHARE.— tioned independent or nonprofit entity, to
testing, or financial relief efforts for dam- (A) IN GENERAL.—Subject to subparagraph repair or replace residential or commercial
aged building foundations; and (B), the State share of each grant under this building foundations that are deteriorating
(B) provide an assurance that— section shall be an amount that is not less due to the presence of pyrrhotite.
(i) the local educational agency will use than 40 percent of the total cost of the SEC. 72514. AUTHORIZATION OF APPROPRIA-
the grant only for the allowable uses de- project for which the grant is awarded, TIONS.
scribed in subsection (f)(1); and which the State shall contribute from non- There are authorized to be appropriated to
(ii) all work funded with the grant will be Federal sources. carry out this subtitle such sums as may be
conducted by a qualified contractor or archi- (B) SPECIAL RULE FOR REIMBURSEMENT necessary for fiscal year 2022 and each fiscal
tect licensed in the State. GRANTS.—In the case of a reimbursement year thereafter.
(2) ELIGIBILITY FOR REIMBURSEMENT
grant made to a local educational agency
GRANTS.—To be eligible to receive a grant
---
under subsection (a)(2), a State shall be SA 2171. Mr. SCHUMER (for himself
under subsection (a)(2), a local educational treated as meeting the requirement of sub-
agency shall demonstrate that it met the re- and Mrs. GILLIBRAND) submitted an
paragraph (A) if the State demonstrates that
quirements of paragraph (1) at the time it amendment intended to be proposed to
it contributed, from non-Federal sources, not
carried out the project for which the agency
less than 40 percent of the total cost of the amendment SA 2137 proposed by Mr.
seeks reimbursement. SCHUMER (for Ms. SINEMA (for herself,
project for which the reimbursement grant is
(c) APPLICATION.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(1) IN GENERAL.—A local educational agen- awarded.
(f) USES OF FUNDS.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
cy that seeks a grant under this section shall
submit to the State an application at such (1) ALLOWABLE USES OF FUNDS.—A local TESTER, Ms. MURKOWSKI, Mr. WARNER,
time, in such manner, and containing such educational agency that receives a grant and Mr. ROMNEY)) to the bill H.R. 3684,
information as the State may require, which under this section shall use such grant only to authorize funds for Federal-aid high-
upon approval by the State under subsection for costs associated with—
ways, highway safety programs, and
(d)(1)(A), the State shall submit to the Sec- (A) the repair or replacement of the con-
crete foundation or other affected areas of a transit programs, and for other pur-
retary for approval under subsection poses; which was ordered to lie on the
(d)(1)(B). pyrrhotite-affected school in the jurisdiction
of such agency to the extent necessary— table; as follows:
(2) CONTENTS.—At minimum, each applica-
tion shall include— (i) to restore the structural integrity of At the appropriate place in division B, in-
(A) information and documentation suffi- the school to the safety and health standards sert the following:
cient to enable the State to determine if the established by the professional licensed engi- SEC. llll. LIMOUSINE COMPLIANCE WITH
local educational agency meets the eligi- neer or architect associated with the project; FEDERAL SAFETY STANDARDS.
bility criteria under subsection (b); and (a) LIMOUSINE STANDARDS.—
(B) in the case of an agency seeking a (ii) to restore the school to the condition it (1) SAFETY BELT AND SEATING SYSTEM
grant under subsection (a)(1), an estimate of was in before the school’s foundation was STANDARDS FOR LIMOUSINES.—Not later than
the costs of carrying out the activities de- damaged due to the presence of pyrrhotite; 2 years after the date of enactment of this
scribed in subsection (f); and Act, the Secretary shall prescribe a final
(C) in the case of an agency seeking a (B) engineering reports, architectural de- rule that—
grant under subsection (a)(2)— sign, core tests, and other activities directly (A) amends Federal Motor Vehicle Safety
(i) an itemized explanation of— related to the repair or replacement project. Standard Numbers 208, 209, and 210 to require
(I) the costs incurred by the agency in car- (2) PROHIBITED USES OF FUNDS.—A local to be installed in limousines on each des-
rying out any activities described subsection educational agency that receives a grant ignated seating position, including on side-
(f); and under this section may not use the grant for facing seats—
(II) any amounts contributed from other any costs associated with— (i) an occupant restraint system consisting
Federal, State, local, or private sources for (A) work done to outbuildings, sheds, or of integrated lap-shoulder belts; or
such activities; and barns, swimming pools (whether in-ground or (ii) an occupant restraint system con-
(ii) the amount for which the local edu- above-ground), playgrounds or ballfields, or sisting of a lap belt, if an occupant restraint
cational agency seeks reimbursement; and any ponds or water features; system described in clause (i) does not meet
(D) the percentage of any costs described (B) the purchase of items not directly asso- the need for motor vehicle safety; and
in subparagraph (B) or (C) that are covered ciated with the repair or replacement of the (B) amends Federal Motor Vehicle Safety
by an insurance policy. school building or its systems, including Standard Number 207 to require limousines
(d) APPROVAL AND DISBURSEMENT.— items such as desks, chairs, electronics, to meet standards for seats (including side-
(1) APPROVAL.— sports equipment, or other school supplies; facing seats), seat attachment assemblies,
(A) STATE.—The State shall approve the or and seat installation to minimize the possi-
application of each local educational agency (C) any other activities not described in bility of failure by forces acting on the seats,
for submission to the Secretary that— paragraph (1). attachment assemblies, and installations as
(i) submits a complete and correct applica- (g) LIMITATION.—A local educational agen- a result of motor vehicle impact.
tion under subsection (c); and cy may not, for the same project, receive a (2) REPORT ON RETROFIT ASSESSMENT FOR
(ii) meets the criteria for eligibility under grant under both— LIMOUSINES.—Not later than 2 years after the
subsection (b). (1) this section; and date of enactment of this Act, the Secretary
SSpencer on DSK126QN23PROD with SENATE
(B) SECRETARY.—Not later than 60 days (2) subtitle A. shall submit to the Committee on Com-
after receiving an application of a local edu- SEC. 72513. DEFINITIONS. merce, Science, and Transportation of the
cational agency submitted by a State under In this subtitle: Senate and the Committee on Energy and
subsection (c)(1), the Secretary shall— (1) PYRRHOTITE-AFFECTED SCHOOL.—The Commerce of the House of Representatives a
(i) approve such application, in a case in term ‘‘pyrrhotite-affected school’’ means an report that assesses the feasibility, benefits,
which the Secretary determines that such elementary school or a secondary school and costs with respect to the application of
application meets the requirements of sub- that meets the following criteria: any requirement established under para-
paragraph (A); or (A) The school has a concrete foundation. graph (1) to a limousine introduced into
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5599
interstate commerce before the date on (4) by providing technical assistance. SA 2174. Mrs. FEINSTEIN (for her-
which the requirement takes effect. (d) TRANSPORTATION PROJECTS RELATING TO self, Mr. BURR, and Mr. PADILLA) sub-
(b) SAFETY REGULATION OF LIMOUSINES.— OLYMPIC, PARALYMPIC, AND SPECIAL OLYM- mitted an amendment intended to be
(1) IN GENERAL.—Section 30102(a)(6) of title PICS EVENTS.—
49, United States Code, is amended— proposed to amendment SA 2137 pro-
(1) IN GENERAL.—The Secretary may pro-
(A) in subparagraph (A), by striking ‘‘or’’ vide assistance, including planning, capital,
posed by Mr. SCHUMER (for Ms. SINEMA
at the end; and operating assistance, to a State or unit (for herself, Mr. PORTMAN, Mr.
(B) in subparagraph (B), by striking the pe- of local government in carrying out trans- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
riod at the end and inserting ‘‘; or’’; and portation projects relating to an inter- Ms. COLLINS, Mr. TESTER, Ms. MUR-
(C) by adding at the end the following: national Olympic, Paralympic, or Special KOWSKI, Mr. WARNER, and Mr. ROMNEY))
‘‘(C) modifying a passenger motor vehicle Olympics event. to the bill H.R. 3684, to authorize funds
(as defined in section 32101) that has already (2) USE OF FUNDS.—Notwithstanding any
been purchased by the first purchaser (as de- for Federal-aid highways, highway
other provision of law, any funding provided safety programs, and transit programs,
fined in subsection (b)(1)) by increasing the in accordance with this section may be used
wheelbase of the passenger motor vehicle so for any temporary facility, equipment, oper-
and for other purposes; which was or-
that the passenger motor vehicle has in- ations, and maintenance that meets the ex- dered to lie on the table; as follows:
creased seating capacity.’’. traordinary needs associated with hosting an
(2) EFFECTIVE DATE.—The amendments On page 2427, between lines 10 and 11, insert
international Olympic, Paralympic, or Spe- the following:
made by paragraph (1) shall apply beginning cial Olympics event.
on the date that is 1 year after the date of (e) FUNDING.— SEC. 80505. EXCLUSION OF AMOUNTS RECEIVED
enactment of this Act. (1) IN GENERAL.—The Secretary shall carry FROM STATE-BASED CATASTROPHE
LOSS MITIGATION PROGRAMS.
out this section using amounts otherwise
SA 2172. Mr. PADILLA (for himself
available to the Secretary to carry out titles (a) IN GENERAL.—Section 139 of the Inter-
and Mrs. FEINSTEIN) submitted an 23 and 49, United States Code. nal Revenue Code of 1986 is amended by re-
amendment intended to be proposed to (2) SUPPLEMENT, NOT SUPPLANT.—Any designating subsection (h) as subsection (i)
amendment SA 2137 proposed by Mr. amounts provided to a State or unit of local and by inserting after subsection (g) the fol-
SCHUMER (for Ms. SINEMA (for herself, government in accordance with this section lowing new subsection:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- shall be in addition to any Federal funds oth- ‘‘(h) STATE-BASED CATASTROPHE LOSS MITI-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. erwise available to the State or unit of local GATION PROGRAMS.—
TESTER, Ms. MURKOWSKI, Mr. WARNER, government for the transportation project. ‘‘(1) IN GENERAL.—Gross income shall not
and Mr. ROMNEY)) to the bill H.R. 3684, include any amount received by an indi-
to authorize funds for Federal-aid high- SA 2173. Mr. PADILLA (for himself vidual as a qualified catastrophe mitigation
ways, highway safety programs, and and Mr. CORNYN) submitted an amend- payment under a program established by—
transit programs, and for other pur- ment intended to be proposed to ‘‘(A) a State,
poses; which was ordered to lie on the amendment SA 2137 proposed by Mr. ‘‘(B) a political subdivision or instrumen-
table; as follows: SCHUMER (for Ms. SINEMA (for herself, tality thereof,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(C) a joint powers authority, or
At the end of subtitle E of title I of divi-
‘‘(D) an entity created by State law which
sion A, insert the following: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
is exempt from taxation under section 501(a)
SEC. 115ll. TRANSPORTATION ASSISTANCE FOR TESTER, Ms. MURKOWSKI, Mr. WARNER, and is overseen by a State agency or State
OLYMPIC, PARALYMPIC, AND SPE- and Mr. ROMNEY)) to the bill H.R. 3684,
CIAL OLYMPICS CITIES. department of insurance,
(a) PURPOSE.—The purpose of this section to authorize funds for Federal-aid high- for the purpose of making such payments.
is to prioritize and support State and local ways, highway safety programs, and ‘‘(2) QUALIFIED CATASTROPHE MITIGATION
efforts on surface transportation issues nec- transit programs, and for other pur- PAYMENT.—For purposes of this section, the
essary to obtain the national recognition poses; which was ordered to lie on the term ‘qualified catastrophe mitigation pay-
and economic benefits of participation in the table; as follows: ment’ means any amount which is received
international Olympic, Paralympic, and Spe- by the owner of any property to make im-
On page 493, strike lines 8 through 22 and provements to such property for the sole
cial Olympics movement by hosting inter-
insert the following: purpose of reducing the damage that would
national Olympic, Paralympic, and Special
Olympics events in the United States. (b) ELIGIBILITY.—Section 602(a) of title 23, be done to such property by a windstorm,
(b) PRIORITY FOR TRANSPORTATION United States Code, is amended— earthquake, or wildfire.
PROJECTS RELATING TO OLYMPIC, (1) by striking paragraph (1) and inserting ‘‘(3) NO INCREASE IN BASIS.—Rules similar
PARALYMPIC, AND SPECIAL OLYMPICS the following: to the rules of subsection (g)(3) shall apply in
EVENTS.— ‘‘(1) LETTER OF INTEREST.— the case of this subsection.’’.
(1) IN GENERAL.—Notwithstanding any ‘‘(A) IN GENERAL.—A project shall be eligi-
ble to receive credit assistance under the (b) CONFORMING AMENDMENTS.—
other provision of law, in providing grants (1) Section 139(d) is amended by striking
for transportation projects described in para- TIFIA program if—
‘‘(i) the entity proposing to carry out the ‘‘and qualified’’ and inserting ‘‘, qualified ca-
graph (2), the Secretary may give priority to tastrophe mitigation payments, and quali-
a transportation project relating to an inter- project submits a letter of interest prior to
submission of a formal application for the fied’’.
national Olympic, Paralympic, or Special (2) Section 139(i) (as redesignated by sub-
Olympics event. project; and
‘‘(ii) the project meets the criteria de- section (a)) is amended by striking ‘‘or quali-
(2) GRANTS DESCRIBED.—A grant referred to fied’’ and inserting ‘‘, qualified catastrophe
in paragraph (1) is a discretionary grant— scribed in this subsection.
‘‘(B) CERTAIN PROJECTS.—In the case of a mitigation payment, or qualified’’.
(A) under title 23 or 49, United States Code,
beginning on the date of enactment of this project that outlines a proposed financial (c) EFFECTIVE DATE.—The amendments
Act; or plan to repay the loan primarily with State made by this section shall apply to taxable
(B) otherwise administered by the Sec- or local tax revenue, the review of the letter years beginning after December 31, 2021.
retary for transportation projects. of interest shall be limited to a legal compli-
(c) TRANSPORTATION PLANNING ACTIVI- ance check to ensure the project meets the
TIES.—The Secretary shall take all reason- criteria described in this subsection, except SA 2175. Mrs. FEINSTEIN (for herself
able efforts to provide assistance to an inter- to the extent that the Secretary determines and Mr. PADILLA) submitted an amend-
national Olympic, Paralympic, or Special that the complexity of the project requires ment intended to be proposed to
Olympics event, including— further review.’’; and amendment SA 2137 proposed by Mr.
(1) by providing assistance for planning ac- (2) in paragraph (2)— SCHUMER (for Ms. SINEMA (for herself,
tivities of States and metropolitan planning (A) in subparagraph (A)(iv)— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
organizations under sections 134 and 135 of (i) by striking ‘‘a rating’’ and inserting ‘‘an
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
title 23, United States Code, for transpor- investment-grade rating’’; and
tation projects relating to an international (ii) by striking ‘‘$75,000,000’’ and inserting TESTER, Ms. MURKOWSKI, Mr. WARNER,
Olympic, Paralympic, or Special Olympics ‘‘$150,000,000’’; and and Mr. ROMNEY)) to the bill H.R. 3684,
SSpencer on DSK126QN23PROD with SENATE
event; (B) in subparagraph (B)— to authorize funds for Federal-aid high-
(2) by developing intermodal transpor- (i) by striking ‘‘the senior debt’’ and in- ways, highway safety programs, and
tation plans in coordination with States and serting ‘‘senior debt’’; and transit programs, and for other pur-
local transportation agencies; (ii) by striking ‘‘credit instrument is for an poses; which was ordered to lie on the
(3) by expediting review and comment of amount less than $75,000,000’’ and inserting table; as follows:
any required submissions to the Secretary ‘‘total amount of other senior debt and the
relating to an international Olympic, Federal credit instrument is less than At the appropriate place in division H, in-
Paralympic, or Special Olympics event; and $150,000,000’’. sert the following:
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S5600 CONGRESSIONAL RECORD — SENATE August 2, 2021
SEC. lll. MODIFICATIONS TO INCOME EXCLU- (ii) by striking ‘‘provided by public utili- tation facility that creates a barrier to com-
SION FOR CONSERVATION SUB- ties’’. munity connectivity, including barriers to
SIDIES. (c) EFFECTIVE DATE.—The amendments mobility, access, or economic development,
(a) IN GENERAL.—Subsection (a) of section made by this section shall apply to amounts due to high speeds, grade separations, or
136 of the Internal Revenue Code of 1986 is received after December 31, 2021. other design factors.
amended— (d) NO INFERENCE.—Nothing in this Act or (B) INCLUSIONS.—The term ‘‘eligible facil-
(1) by striking ‘‘any subsidy provided’’ and the amendments made by this Act shall be ity’’ may include—
inserting ‘‘any subsidy— construed to create any inference with re- (i) a limited access highway;
‘‘(1) provided’’, spect to the proper tax treatment of any sub- (ii) a railway;
(2) by striking the period at the end and in- sidy received directly or indirectly from a (iii) a viaduct;
serting a comma, and public utility, a storm water management (iv) a principal arterial facility; or
(3) by adding at the end the following new provider, or a State or local government for (v) any other transportation facility for
paragraphs: any water conservation measure or storm which the high speeds, grade separation, or
‘‘(2) provided (directly or indirectly) by a water management measure before January other design factors create an obstacle to
public utility to a customer, or by a State or 1, 2022. connectivity.
local government to a resident of such State ---
(b) ESTABLISHMENT.—
or locality, for the purchase or installation SA 2176. Mr. CARDIN (for himself, (1) IN GENERAL.—The Secretary shall estab-
of any water conservation or efficiency Mr. PADILLA, and Mr. WARNOCK) sub- lish a reconnecting communities program
measure, or mitted an amendment intended to be under which an eligible entity may apply for
‘‘(3) provided (directly or indirectly) by a proposed to amendment SA 2137 pro- funding, in order to identify, remove, re-
storm water management provider to a cus- posed by Mr. SCHUMER (for Ms. SINEMA place, retrofit, mitigate, or remediate the ef-
tomer, or by a State or local government to (for herself, Mr. PORTMAN, Mr. fects from eligible facilities and restore or
a resident of such State or locality, for the improve community connectivity, mobility,
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
purchase or installation of any storm water and access in disadvantaged and underserved
management measure.’’. Ms. COLLINS, Mr. TESTER, Ms. MUR-
communities—
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
(b) CONFORMING AMENDMENTS.— (A) to study the feasibility and impacts of
(1) DEFINITION OF WATER CONSERVATION OR to the bill H.R. 3684, to authorize funds removing, retrofitting, mitigating, or reme-
EFFICIENCY MEASURE AND STORM WATER MAN- for Federal-aid highways, highway diating the effects on community
AGEMENT MEASURE.—Section 136(c) of the In- safety programs, and transit programs, connectivity from an existing eligible facil-
ternal Revenue Code of 1986 is amended— and for other purposes; which was or- ity;
(A) by striking ‘‘ENERGY CONSERVATION dered to lie on the table; as follows: (B) to conduct planning activities, includ-
MEASURE’’ in the heading thereof and insert- On page 35, lines 10 and 11, strike ‘‘PILOT’’. ing preliminary engineering and final design
ing ‘‘DEFINITIONS’’, On page 35, line 14, strike ‘‘pilot’’. activities, for a project to remove, retrofit,
(B) by striking ‘‘IN GENERAL’’ in the head- On page 35, line 19, strike ‘‘pilot’’. mitigate, or remediate the effects on com-
ing of paragraph (1) and inserting ‘‘ENERGY Strike section 11509 and insert the fol- munity connectivity from an existing eligi-
CONSERVATION MEASURE’’, and lowing: ble facility; and
(C) by redesignating paragraph (2) as para- SEC. 11509. RECONNECTING COMMUNITIES PRO- (C) to conduct construction activities nec-
graph (4) and by inserting after paragraph (1) GRAM. essary to carry out a project to remove, ret-
the following: (a) DEFINITIONS.—In this section: rofit, mitigate, or remediate the effects on
‘‘(2) WATER CONSERVATION OR EFFICIENCY (1) ANTI-DISPLACEMENT POLICY.—The term community connectivity from an existing el-
MEASURE.—For purposes of this section, the ‘‘anti-displacement policy’’ means a policy igible facility.
term ‘water conservation or efficiency meas- that limits the displacement of low-income, (2) FOCUS.—The Secretary shall ensure
ure’ means any evaluation of water use, or disadvantaged, and underserved commu- that any activities carried out under this
any installation or modification of property, nities from neighborhoods due to new invest- section—
the primary purpose of which is to reduce ments in housing, businesses, and infrastruc- (A) focus on improvements that will ben-
consumption of water or to improve the ture. efit the populations impacted by or pre-
management of water demand with respect (2) AREA OF PERSISTENT POVERTY.—The viously displaced by the eligible facility; and
to one or more dwelling units. term ‘‘area of persistent poverty’’ means— (B) emphasize equity by garnering commu-
‘‘(3) STORM WATER MANAGEMENT MEASURE.— (A) any county that has had 20 percent or nity engagement, avoiding future displace-
For purposes of this section, the term ‘storm more of the population of the county living ment, and ensuring local participation in the
water management measure’ means any in- in poverty over the past 30 years, as meas- planning process.
stallation or modification of property pri- ured by the 1990 and 2000 decennial censuses (c) PLANNING GRANTS.—
marily designed to reduce or manage and the most recent Small Area Income and (1) ELIGIBLE ENTITIES.—
amounts of storm water with respect to one Poverty Estimates as estimated by the Bu- (A) IN GENERAL.—The Secretary may award
or more dwelling units.’’. reau of the Census; a grant (referred to in this section as a
(2) DEFINITION OF PUBLIC UTILITY.—Section (B) any census tract with a poverty rate of ‘‘planning grant’’) to carry out planning ac-
136(c)(4) of such Code (as redesignated by at least 20 percent, as measured by the most tivities described in paragraph (2) to—
paragraph (1)(C)) is amended by striking sub- recent 5-year data series available from the (i) a State;
paragraph (B) and inserting the following: American Community Survey of the Bureau (ii) a unit of local government;
‘‘(B) PUBLIC UTILITY.—The term ‘public of the Census for all States and Puerto Rico; (iii) a Tribal government;
utility’ means a person engaged in the sale or (iv) a territory;
of electricity, natural gas, or water to resi- (C) any other territory of the United (v) a metropolitan planning organization;
dential, commercial, or industrial customers States that has had 20 percent or more of its (vi) a transit agency;
for use by such customers. population living in poverty over the past 30 (vii) a special purpose district with a trans-
‘‘(C) STORM WATER MANAGEMENT PRO- years, as measured by the 1990, 2000, and 2010 portation function; and
VIDER.—The term ‘storm water management decennial censuses, or equivalent data, of the (viii) a group of entities described in this
provider’ means a person engaged in the pro- Bureau of the Census. subparagraph.
vision of storm water management measures (3) COMMUNITY LAND TRUST.—The term (B) PARTNERSHIPS.—An eligible entity may
to the public. ‘‘community land trust’’ means a nonprofit enter into an agreement with the following
‘‘(D) PERSON.—For purposes of subpara- organization established or with the respon- entities to carry out the eligible activities
graphs (B) and (C), the term ‘person’ includes sibility, as applicable— under this subsection:
the Federal Government, a State or local (A) to develop the real estate created by (i) A nonprofit organization.
government or any political subdivision the removal or capping of an eligible facil- (ii) An institution of higher education (as
thereof, or any instrumentality of any of the ity; and defined in section 101 of the Higher Edu-
foregoing.’’. (B) to carry out anti-displacement or com- cation Act of 1965 (20 U.S.C. 1001)), including
(3) CLERICAL AMENDMENTS.— munity development strategies, including— minority serving institutions and histori-
(A) The heading of section 136 of such Code (i) affordable housing preservation and de- cally Black colleges and universities (which
is amended— velopment; shall have the meaning given the term ‘‘Pre-
(i) by inserting ‘‘AND WATER’’ after ‘‘EN- (ii) homeownership and property improve- dominantly Black institution’’ as defined in
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ERGY’’, and ment programs; section 371(c) of the Higher Education Act of
(ii) by striking ‘‘PROVIDED BY PUBLIC UTILI- (iii) the development or rehabilitation of 1965 (20 U.S.C. 1067q(c))).
TIES’’. park space or recreation facilities; and (2) ELIGIBLE ACTIVITIES DESCRIBED.—The
(B) The item relating to section 136 in the (iv) community revitalization and eco- planning activities referred to in paragraph
table of sections of part III of subchapter B nomic development projects. (1) are—
of chapter 1 of such Code is amended— (4) ELIGIBLE FACILITY.— (A) planning studies to evaluate the feasi-
(i) by inserting ‘‘and water’’ after ‘‘en- (A) IN GENERAL.—The term ‘‘eligible facil- bility of removing, retrofitting, mitigating,
ergy’’, and ity’’ means a highway or other transpor- or remediating an existing eligible facility
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5601
to restore community connectivity, includ- tablishment of a community land trust for (A) the removal, retrofit, mitigation, or re-
ing evaluations of— land acquisition, land banking, and equitable mediation of the effects on community
(i) current traffic patterns on the eligible transit-oriented development. connectivity from an eligible facility, in-
facility proposed for removal, retrofit, miti- (3) TECHNICAL ASSISTANCE PROGRAM.— cluding a project to deck over a limited-ac-
gation, or remediation and the surrounding (A) IN GENERAL.—The Secretary may pro- cess highway or other eligible facility;
street network; vide technical assistance described in sub- (B) the replacement of an eligible facility
(ii) the capacity of existing transportation paragraph (B) to an eligible entity described with a new facility that—
networks to maintain mobility needs; in paragraph (1). (i) restores community connectivity;
(iii) an analysis of alternative roadway de- (B) TECHNICAL ASSISTANCE DESCRIBED.—The (ii) employs context-sensitive solutions ap-
signs or other uses for the right-of-way of technical assistance referred to in subpara- propriate for the surrounding community;
the eligible facility, including an analysis of graph (A) is technical assistance in building and
whether the available right-of-way would organizational or community capacity— (iii) is otherwise eligible for funding under
suffice to create an alternative roadway de- (i) to engage in transportation planning; title 23, United States Code;
sign; and (C) support for community partnerships,
(iv) the effect of the removal, retrofit, (ii) to identify innovative solutions to including a community advisory board de-
mitigation, or remediation of the eligible fa- challenges posed by existing eligible facili- scribed under paragraph (7), in connection
cility on the mobility of freight and people; ties, including reconnecting communities with a capital construction grant awarded
(v) the effect of the removal, retrofit, miti- that— under this subsection; and
gation, or remediation of the eligible facility (I) are bifurcated by eligible facilities; or (D) other activities required to remove, re-
on the safety of the traveling public; (II) lack safe, reliable, and affordable place, retrofit, mitigate, or remediate an ex-
(vi) the cost to remove, retrofit, mitigate, transportation choices. isting eligible facility, as determined by the
or remediate the eligible facility— (C) PRIORITIES.—In selecting recipients of Secretary.
(I) to restore community connectivity; and technical assistance under subparagraph (A), (4) SELECTION.—The Secretary shall—
(II) to convert the eligible facility to a the Secretary shall give priority to an appli- (A) solicit applications for capital con-
roadway design or use that increases safety, cation from— struction grants; and
mobility, and access for all users, compared (i) a community that is economically dis-
to any expected costs for necessary mainte- (B) evaluate applications on the basis of—
advantaged; or (i) the degree to which the project will im-
nance or reconstruction of the eligible facil- (ii) a community that is at high risk for
ity; prove mobility and access through the re-
economic displacement. moval of barriers;
(vii) the anticipated economic impact of (4) SELECTION.—The Secretary shall—
removing, retrofitting, mitigating, or reme- (ii) the appropriateness of removing, retro-
(A) solicit applications for— fitting, mitigating, or remediating the ef-
diating and converting the eligible facility (i) planning grants; and
and any economic development opportuni- fects on community connectivity from the
(ii) technical assistance under paragraph eligible facility, based on current traffic pat-
ties that would be created by removing, ret- (3); and
rofitting, mitigating, or remediating and terns and the ability of the project and the
(B) evaluate applications for a planning regional transportation network to absorb
converting the eligible facility; grant on the basis of the demonstration by
(viii) the environmental impacts of retain- transportation demand and provide safe mo-
the applicant that— bility and access;
ing or reconstructing the eligible facility
(i) the eligible facility is aged and is likely (iii) the impact of the project on freight
and the anticipated effect of the proposed al-
to need replacement or significant recon- movement;
ternative use or roadway design; and
struction within the 20-year period beginning (iv) the results of a cost-benefit analysis of
(ix) the community impacts and equity
on the date of the submission of the applica- the project;
analyses of retaining or reconstructing the
tion; (v) the extent to which the applicant has
eligible facility on the surrounding commu-
(ii) the eligible facility— plans for inclusive economic development in
nities, including—
(I) creates barriers to mobility, access, or place, including the existing land use and
(I) the demographic breakdown of the im-
economic development; or whether the zoning provides for equitable
pacted community by race and socio-
economic status; and (II) is not justified by current and forecast and transit-oriented development of under-
(II) the displacement or disconnection that future travel demand; and utilized land;
occurred within the community as a result (iii) on the basis of preliminary assess- (vi) the degree to which the eligible facil-
of the existing facility; ments into the feasibility of removing, retro- ity is out of context with the current or
(B) public engagement activities to provide fitting, mitigating, or remediating the eligi- planned land use;
opportunities for public input into a plan to ble facility to restore community (vii) the results of any feasibility study
remove, replace, retrofit, mitigate, or reme- connectivity and increase safety, mobility, completed for the project;
diate the effects from an eligible facility, in- and access for all users, further planning ac- (viii) the plan of the applicant for—
cluding— tivities are necessary and likely to be pro- (I) employing residents in the area im-
(i) building organizational or community ductive. pacted by the project through targeted hir-
capacity to, and educating community mem- (5) AWARD AMOUNTS.—A planning grant ing programs, in partnership with registered
bers on how to, engage in and contribute to may not exceed $2,000,000 per recipient. apprenticeship programs, if applicable; and
eligible planning activities described in this (6) FEDERAL SHARE.—The total Federal (II) encouraging community-based entre-
paragraph; share of the cost of a planning activity for preneurship and small business expansion;
(ii) identifying community needs and de- which a planning grant is used shall not ex- (ix) whether the eligible facility is likely
sires for community improvements and de- ceed 80 percent. to need replacement or significant recon-
veloping community-driven solutions in car- (d) CAPITAL CONSTRUCTION GRANTS.— struction within the 20-year period beginning
rying out eligible planning activities de- (1) ELIGIBLE ENTITIES.—The Secretary may on the date of the submission of the applica-
scribed in this paragraph; award a grant (referred to in this section as tion;
(iii) conducting assessments of equity, mo- a ‘‘capital construction grant’’) to the owner (x) whether the project is consistent with
bility and access, environmental justice, af- of an eligible facility to carry out an eligible the relevant long-range transportation plan
fordability, economic opportunity, health project described in paragraph (3) for which and included in the relevant statewide trans-
outcomes, and other local goals to be used in all necessary feasibility studies and other portation improvement program;
carrying out eligible planning activities de- planning activities have been completed. (xi) whether the project is consistent with,
scribed in this paragraph; and (2) PARTNERSHIPS.—An owner of an eligible and how the project would impact, the rel-
(iv) forming a community advisory board facility may, for the purposes of submitting evant transportation performance manage-
in accordance with subsection (d)(7); an application for a capital construction ment targets; and
(C) other transportation planning activi- grant, if applicable, partner with— (xii) the extent to which the project bene-
ties required in advance of a project to re- (A) a State; fits populations impacted by or previously
move, retrofit, mitigate, or remediate an ex- (B) a unit of local government; displaced by the eligible facility;
isting eligible facility to restore community (C) a Tribal government; (C) ensure that the project has conducted
connectivity, as determined by the Sec- (D) a metropolitan planning organization; sufficient community engagement, such as
retary; (E) a transit agency; the activities described in subsection
(D) evaluating land use and zoning changes (F) a special purpose district with a trans- (c)(2)(B); and
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necessary to improve equity and maximize portation function; (D) ensure that the jurisdiction in which
transit-oriented development in connection (G) a territory; the eligible facility is located has an anti-
with a project eligible for a capital construc- (H) a nonprofit organization; or displacement policy or a community land
tion grant; and (I) a group of entities described in this trust in place.
(E) establishment of anti-displacement and paragraph. (5) MINIMUM AWARD AMOUNTS.—A capital
equitable neighborhood revitalization strate- (3) ELIGIBLE PROJECTS.—A project eligible construction grant shall be in an amount not
gies in connection with a project eligible for to be carried out with a capital construction less than $5,000,000 per recipient.
a capital construction grant, including es- grant includes— (6) FEDERAL SHARE.—
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S5602 CONGRESSIONAL RECORD — SENATE August 2, 2021
(A) IN GENERAL.—Subject to subparagraph (ii) includes, for recipients of capital con- vulnerable to infection during the COVID–19
(B), a capital construction grant may not ex- struction grants, the outcomes and impacts pandemic and those complying with public
ceed 50 percent of the total cost of the of the projects carried out with the grant, in- health guidance regarding social distancing
project for which the grant is awarded. cluding— are increasingly reliant on driving as their
(B) MAXIMUM FEDERAL INVOLVEMENT.—Fed- (I) any changes in the overall level of mo- primary means of transportation for essen-
eral assistance other than a capital con- bility, congestion, access, and safety in the tial travel.
struction grant may be used to satisfy the project area; and (5) In the United States, millions of Ameri-
non-Federal share of the cost of a project for (II) environmental impacts and economic cans have had their driver’s licenses sus-
which the grant is awarded, except that the development opportunities in the project pended for unpaid court fines and fees.
total Federal assistance provided for a area; (6) A person whose driver’s license is sus-
project for which the grant is awarded may (iii) assesses projects funded under sub- pended or revoked for unpaid fines and fees
not exceed 80 percent of the total cost of the section (d) to provide best practices. will often find it more difficult to earn a liv-
project. (2) GAO REPORT ON HIGHWAY REMOVALS.— ing and therefore pay the debt owed to the
(7) COMMUNITY ADVISORY BOARD.— Not later than 2 years after the date of en- government.
(A) IN GENERAL.—To help achieve inclusive actment of this Act, the Comptroller General (7) The barrier to employment posed by
economic development benefits with respect of the United States shall issue a report driver’s license suspensions and revocations
to the project for which a grant is awarded, that— for unpaid fines and fees is especially prob-
a grant recipient may form a community ad- (A) identifies examples of projects to re- lematic during the COVID–19 pandemic,
visory board, which, if formed, shall— move highways using Federal highway funds; when the unemployment rate is the highest
(i) facilitate community engagement with (B) evaluates the effect of highway re- it has been since the Great Depression.
respect to the project; and moval projects on the surrounding area, in- (8) Drunk and dangerous driving are some
(ii) track progress with respect to commit- cluding impacts to the local economy, con- of the leading causes of death and serious
ments of the grant recipient to inclusive em- gestion effects, safety outcomes, and im- bodily injury in the United States, and pro-
ployment, contracting, and economic devel- pacts on the movement of freight and people; moting safety on the roads is a legitimate,
opment under the project. (C) evaluates the existing Federal-aid pro- necessary, and core governmental function.
(B) MEMBERSHIP.—If a grant recipient gram eligibility under title 23, United States Suspending a license for unsafe driving con-
forms a community advisory board under Code, for highway removal projects; duct presents different considerations than
subparagraph (A), the community advisory (D) analyzes the costs and benefits of and suspending a license for unpaid fines and
board shall be composed of representatives barriers to removing underutilized highways fees. Suspending a license for unsafe driving
of— that are nearing the end of their useful life is an appropriate tool to protect public safe-
(i) the community, including residents in compared to replacing or reconstructing the ty. Policymakers also may consider alter-
the immediate vicinity of the project; highway; and natives to suspension of a license for unsafe
(ii) owners of businesses that serve the (E) provides recommendations for inte- driving such as ignition interlock device pro-
community; grating those assessments into transpor- grams.
(iii) labor organizations that represent tation planning and decision-making proc- (9) According to the National Highway
workers that serve the community; esses. Traffic Safety Administration, every year on
average, over 34,000 people are killed and
(iv) State and local government; and (3) ELIGIBILITY GUIDANCE.—Not later than 1
2,400,000 more people are injured in motor ve-
(v) private and nonprofit organizations year after the date of enactment of this Act,
hicle crashes. Some of the major causes of
that represent local community develop- the Secretary shall publish guidance describ-
these crashes include speeding, impaired
ment. ing the eligibility of funds apportioned under
driving, and distracted driving. Nearly half
(C) DIVERSITY.—The community advisory section 104(b) of title 23, United States Code,
of passenger vehicle occupants killed in
board formed under subparagraph (A) shall for activities eligible for assistance under
crashes are unrestrained. The societal harm
be representative of the community served this section.
caused by motor vehicle crashes has been
by the project. (h) TECHNICAL ASSISTANCE.—Of the funds
valued at $836,000,000,000 annually. The en-
(e) PRIORITIES.—In selecting recipients of made available to carry out this section for
actment of, enforcement of, and education
planning grants, capital construction grants, planning grants, the Secretary may use not
regarding traffic laws are key to addressing
and technical assistance under this section, more than $15,000,000 during the period of fis-
unsafe behavior and promoting public safety.
the Secretary shall give priority to— cal years 2022 through 2026 to provide tech-
(10) However, most driver’s license suspen-
(1) an application from a community that nical assistance under subsection (c)(3).
---
sions are not based on the need to protect
is economically disadvantaged or high risk public safety.
of displacement, including an environmental SA 2177. Mr. COONS (for himself and
(11) In the State of Florida, 1,100,000 resi-
justice community, an underserved commu- Mr. WICKER) submitted an amendment dents received a suspension notice for unpaid
nity, or a community located in an area of intended to be proposed to amendment fines and fees in 2017 alone.
persistent poverty; and SA 2137 proposed by Mr. SCHUMER (for (12) Between 2010 and 2017, all but 3 States
(2) an eligible entity that has— Ms. SINEMA (for herself, Mr. PORTMAN, increased the amount of fines and fees for
(A) entered into a community benefits Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- civil and criminal violations.
agreement with representatives of the com- (13) In the United States, 40 percent of all
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
munity or formed a community advisory driver’s license suspensions are issued for
board under paragraph (7) of subsection (d); MURKOWSKI, Mr. WARNER, and Mr. ROM-
conduct that was unrelated to driving.
(B) demonstrated a plan for employing NEY)) to the bill H.R. 3684, to authorize
(14) In 2015, the State of Washington cal-
residents in the area impacted by the activ- funds for Federal-aid highways, high- culated that State troopers spent 70,848
ity or project through targeted hiring pro- way safety programs, and transit pro- hours dealing with license suspensions for
grams; and grams, and for other purposes; which non-driving offenses.
(C) demonstrated a plan for improving was ordered to lie on the table; as fol- (15) The American Association of Motor
transportation system access. lows: Vehicle Administrators estimated that ar-
(f) ADMINISTRATIVE EXPENSES.—Of the resting a person for driving with a suspended
At the appropriate place, insert the fol-
amounts made available to carry out this license can take 9 hours of an officer’s time,
lowing:
section, the Secretary may set aside not including waiting for a tow truck, trans-
more 2 percent for the costs of administering TITLE lllll—DRIVING FOR porting an individual to jail, filling out pa-
the program under this section. OPPORTUNITY perwork, making a court appearance, and
(g) REPORTS.— SEC. lll01. SHORT TITLE. other administrative duties and accordingly
(1) USDOT REPORT ON PROGRAM.—Not later This title may be cited as the ‘‘Driving for Washington State Patrol Chief John Batiste
than January 1, 2026, the Secretary shall sub- Opportunity Act of 2021’’. called non-driving suspensions a ‘‘drain on
mit to the Committee on Environment and SEC. lll02. FINDINGS. the system as a whole’’.
Public Works of the Senate and the Com- Congress finds the following: (16) The Colorado Department of Motor Ve-
mittee on Transportation and Infrastructure (1) Driving a vehicle is an essential aspect hicles determined that suspending driver’s
of the House of Representatives a report of the daily lives of most people in the licenses for offenses unrelated to driving
that— United States. consumed 8,566 hours per year of staff time
(A) evaluates the program under this sec- (2) Driving is often required to access jobs in the Department.
SSpencer on DSK126QN23PROD with SENATE
tion; and and healthcare, take care of family, get gro- (17) Many States impose a significant fee
(B) that— ceries, and fulfill other basic responsibilities. for reinstating a suspended driver’s license,
(i) includes information about the level of (3) In many small cities, towns, and rural such as Alabama, where the fee is $275.
applicant interest in planning grants, tech- areas that do not have public transportation (18) Driving on a suspended license is one
nical assistance under subsection (c)(3), and and ridesharing alternatives, driving is often of the most common criminal charges in ju-
capital construction grants, including the the only realistic means of transportation. risdictions across the country.
extent to which overall demand exceeded (4) Even in cities with public transpor- (19) Seventy-five percent of those with sus-
available funds; tation and ridesharing options, individuals pended licenses report continuing to drive.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5603
(20) It is more likely that those people are the suspension or revocation of, or refusal to (A) existing alternatives to driver’s license
also driving without insurance due to the renew, driver’s licenses or the registration of suspension as methods of enforcement and
costs and restrictions associated with ob- a motor vehicle based on the failure to pay collection of unpaid fines and fees; and
taining auto insurance on a suspended li- civil or criminal fines or fees. (B) existing alternatives to traditional
cense, thereby placing a greater financial ‘‘(C) CRITERIA.—The Attorney General driver’s license suspension for certain kinds
burden on other drivers when a driver with a shall award grants under this section to eli- of unsafe driving, including models that
suspended license causes an accident. gible States that submit a plan to reinstate allow drivers to continue to drive legally
(21) The American Association of Motor driver’s licenses previously suspended for un- while pursuing driver improvement opportu-
Vehicle Administrators has concluded the paid fines and fees— nities.
following: ‘‘Drivers who have been suspended ‘‘(i) to maximize the number of individuals (b) REPORT.—Not later than 2 years after
for social non-conformance-related offenses with suspended driver’s licenses eligible to the date of enactment of this Act, the Comp-
are often trapped within the system. Some have driving privileges reinstated or re- troller General of the United States shall
cannot afford to pay the original fines, and gained; submit to the Committee on the Judiciary
may lose their ability to legally get to and ‘‘(ii) to provide assistance to individuals and the Committee on Environment and
from work as a result of the suspension. living in areas where public transportation Public Works of the Senate and the Com-
Many make the decision to drive while sus- options are limited; and mittee on the Judiciary and the Committee
pended. The suspension results in increased ‘‘(iii) to ease the burden on States where on Transportation and Infrastructure a re-
financial obligations through new require- the State or local law described in subpara- port on the study required under subsection
ments such as reinstatement fees, court graph (B) was in effect during the 3-year pe- (a).
costs, and other penalties. While there is a riod ending on the date on which a State ap- ---
clear societal interest in keeping those who plies for a grant under this paragraph in ac- SA 2178. Mr. WICKER submitted an
are unfit to drive off the roads, broadly re- cordance with section 502. amendment intended to be proposed to
stricting licenses for violations unrelated to ‘‘(D) AMOUNT.—Each grant awarded under amendment SA 2137 proposed by Mr.
an individual’s ability to drive safely may do this paragraph shall be not greater than 5 SCHUMER (for Ms. SINEMA (for herself,
more harm than good. This is especially true percent of the amount allocated to the State Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
in areas of the country that lack alternative in accordance with the formula established SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
means of transportation. For those individ- under section 505.
uals, a valid driver license can be a means to TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘(E) REPORT.—Not later than 1 year after and Mr. ROMNEY)) to the bill H.R. 3684,
survive. Local communities, employers, and the date on which a grant is made to a State
employees all experience negative con- under this paragraph, the State shall submit
to authorize funds for Federal-aid high-
sequences as a result of social non-con- to the Attorney General a report that de- ways, highway safety programs, and
formity suspensions, including unemploy- scribes the program implemented under sub- transit programs, and for other pur-
ment, lower wages, fewer employment oppor- paragraph (A), including with respect to— poses; which was ordered to lie on the
tunities and hiring choices, and increased in- ‘‘(i) the population served by the program; table; as follows:
surance costs.’’. ‘‘(ii) the number of driver’s licenses rein-
(22) A report by the Harvard Law School At the appropriate place in division F, in-
stated under the program; and sert the following:
Criminal Justice Policy Program concluded
‘‘(iii) all costs to the State of the program, SEC. lllll. OPEN NETWORK ARCHITECTURE.
the following: ‘‘The suspension of a driver’s
including how the grants under this para- (a) OPEN NETWORK ARCHITECTURE
or professional license is one of the most per-
graph were spent to defray such costs.’’; and TESTBED.—
vasive poverty traps for poor people assessed
(2) in section 508— (1) DEFINITIONS.—In this subsection—
a fine that they cannot afford to pay. The
(A) by striking ‘‘There’’ and inserting ‘‘(a) (A) the term ‘‘Applied Research Open-RAN
practice is widespread. Nearly 40 percent of
In General.—There’’; and testbed’’ means the testbed established
license suspensions nationwide stem from
(B) by adding at the end the following: under paragraph (2);
unpaid fines, missed child support payments,
and drug offenses—not from unsafe or intoxi- ‘‘(b) DRIVER’S LICENSE REINSTATEMENT (B) the term ‘‘Assistant Secretary’’ means
cated driving or failing to obtain automotive PROGRAMS.—There is authorized to be appro- the Assistant Secretary of Commerce for
insurance. Suspension of a driver’s or profes- priated to carry out section 501(a)(3) Communications and Information; and
sional licenses is hugely counterproductive; $20,000,000 for each of fiscal years 2021 (C) the term ‘‘NTIA’’ means the National
it punishes non-payment by taking away a through 2025.’’. Telecommunications and Information Ad-
person’s means for making a living. License ministration.
SEC. lll04. GAO STUDY.
suspension programs are also expensive for (2) ESTABLISHMENT.—The Assistant Sec-
States to run and they distract law enforce- (a) STUDY.—The Comptroller General of retary shall establish an applied research
ment efforts from priorities related to public the United States shall conduct a study of open network architecture testbed at the In-
safety. License suspensions may also be un- the implementation of the grant program in stitute for Telecommunication Sciences of
constitutional if the license was suspended paragraph (3) of section 501(a) of the Omni- the NTIA to develop and demonstrate net-
before the judge determined the defendant bus Crime Control and Safe Streets Act of work architectures and applications, equip-
had the ability to pay the criminal justice 1968 (34 U.S.C. 10152(a)), as added by section ment integration and interoperability at
debt.’’. ølll03(a)¿ of this Act, that— scale, including—
SEC. lll03. GRANTS FOR DRIVER’S LICENSES (1) includes what is known about the effect (A) Open Radio Access Network (commonly
REINSTATEMENT PROGRAMS. of repealing State laws, in selected States, known as ‘‘Open-RAN’’) technology;
Subpart 1 of part E of title I of the Omni- that had permitted the suspension or revoca- (B) Virtualized Radio Access Network
bus Crime Control and Safe Streets Act of tion of, or refusal to renew, driver’s licenses (commonly known as ‘‘vRAN’’) technology;
1968 (34 U.S.C. 10151 et seq.) is amended— or the registration of a motor vehicle based and
(1) in section 501(a) (34 U.S.C. 10152(a)), by on the failure to pay civil or criminal fines (C) cloud native technologies that rep-
adding at the end the following: or fees, including such factors, to the extent licate telecommunications hardware as soft-
‘‘(3) GRANTS FOR DRIVER’S LICENSE REIN- information is available, as— ware-based virtual network elements and
STATEMENT PROGRAMS.— (A) the collection of fines and fees; functions.
‘‘(A) IN GENERAL.—In addition to grants (B) the usage of law enforcement resources; (3) FOCUS; CONSIDERATIONS.—In estab-
made under paragraph (1), the Attorney Gen- (C) economic mobility and unemployment; lishing the Applied Research Open-RAN
eral may make grants to States described in (D) rates of enforcement of traffic safety testbed pursuant to this subsection, the As-
subparagraph (B) to cover costs incurred by laws through the tracking of number of sum- sistant Secretary shall ensure that such
the State to reinstate driver’s licenses pre- monses and violations issued (including testbed evaluates issues related to deploy-
viously suspended for unpaid fines and fees. those related to automated enforcement ment and operation of open network archi-
‘‘(B) STATES DESCRIBED.—A State described technologies); tectures in rural areas.
in this subparagraph is a State that— (E) the use of suspensions for public safety- (4) COOPERATIVE RESEARCH AND DEVELOP-
‘‘(i) does not have in effect any State or related reasons (including reckless driving, MENT AGREEMENTS.—The Assistant Secretary
local law that permits— speeding, and driving under the influence); shall enter into cooperative research and de-
‘‘(I) the suspension or revocation of, or re- (F) safety-critical traffic events (including velopment agreements as appropriate to ob-
fusal to renew, a driver’s license of an indi- in localities with automated enforcement tain equipment, devices, and expertise for
vidual based on the individual’s failure to programs); the Applied Research Open-RAN testbed, in
SSpencer on DSK126QN23PROD with SENATE
pay a civil or criminal fine or fee; or (G) the rates of license suspensions and accordance with section 12 of the Stevenson-
‘‘(II) the refusal to renew the registration proportion of unlicensed drivers; Wydler Technology Innovation Act of 1980 (15
of a motor vehicle based on the owner’s fail- (H) racial and geographic disparities; and U.S.C. 3710a).
ure to pay a civil or criminal fine or fee; and (I) administrative costs (including costs (5) PRIVATE SECTOR CONTRIBUTIONS.—The
‘‘(ii) during the 3-year period ending on the associated with the collection of fines and Assistant Secretary may accept private con-
date on which the State applies for or re- fees and with the reinstatement of driver’s tributions to the Applied Research Open-
ceives a grant under this paragraph, has re- licenses); and RAN testbed in the form of network equip-
pealed a State or local law that permitted (2) includes what is known about— ment or devices for testing purposes.
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S5604 CONGRESSIONAL RECORD — SENATE August 2, 2021
(6) PARTNERSHIP WITH GOVERNMENT ENTI- (A) the term ‘‘Assistant Secretary’’ means TESTER, Ms. MURKOWSKI, Mr. WARNER,
TIES.— the Assistant Secretary of Commerce for and Mr. ROMNEY)) to the bill H.R. 3684,
(A) ESTABLISHMENT.—In establishing the Communications and Information; to authorize funds for Federal-aid high-
Applied Research Open-RAN testbed, the As- (B) the term ‘‘eligible standards-setting
body’’—
ways, highway safety programs, and
sistant Secretary shall—
(i) consult with the Federal Communica- (i) means a standards-setting body, partici- transit programs, and for other pur-
tions Commission, including with respect to pation in which may be funded by a grant poses; which was ordered to lie on the
ongoing work by the Commission to develop awarded under paragraph (2), as determined table; as follows:
other testbeds, including private sector by the Assistant Secretary; and Beginning on page 2060, line 17, strike
testbeds, related to Open-RAN technologies; (ii) includes— ‘‘NTIA AUTHORITY’’ and all that follows
and (I) the 3rd Generation Partnership Project through ‘‘(E)’’ on page 2061, line 3.
(ii) ensure that the work on the testbed is (commonly known as ‘‘3GPP’’);
coordinated with the responsibilities of the (II) the Alliance for Telecommunications SA 2180. Mr. BARRASSO (for himself
Assistant Secretary under any relevant Industry Solutions (commonly known as and Mr. INHOFE) proposed an amend-
memorandum of understanding with the Fed- ‘‘ATIS’’); ment to amendment SA 2137 proposed
eral Communications Commission and the (III) the International Telecommuni-
cations Union (commonly known as ‘‘ITU’’);
by Mr. SCHUMER (for Ms. SINEMA (for
National Science Foundation related to spec- herself, Mr. PORTMAN, Mr. MANCHIN,
trum. (IV) the Institute for Electrical and Elec-
tronics Engineers (commonly known as Mr. CASSIDY, Mrs. SHAHEEN, Ms. COL-
(B) OPERATIONS.—In operating the Applied
‘‘IEEE’’); LINS, Mr. TESTER, Ms. MURKOWSKI, Mr.
Research Open-RAN testbed, the Assistant
Secretary shall, in consultation with the (V) the World Radiocommunications Con- WARNER, and Mr. ROMNEY)) to the bill
Federal Communications Commission, part- ferences (commonly known as the ‘‘WRC’’) of H.R. 3684, to authorize funds for Fed-
ner with— the ITU; eral-aid highways, highway safety pro-
(i) the First Responder Network Authority (VI) the Internet Engineering Task Force grams, and transit programs, and for
of the NTIA (also known as ‘‘FirstNet’’) and (commonly known as the ‘‘IETF’’);
(VII) the International Organization for
other purposes; as follows:
the Public Safety Communications Research In section 309(e) of the Energy Conserva-
Division of the National Institute of Stand- Standardization (commonly known as the
‘‘ISO’’) and the International Electro- tion and Production Act (as added by section
ards and Technology to examine use cases 40511(a)), strike the closing quotation marks
technical Commission (commonly known as
and applications for Open-RAN technologies and the following period and insert the fol-
the ‘‘IEC’’);
in a public safety network; lowing:
(VIII) the O-RAN Alliance;
(ii) other Federal agencies, as appropriate ‘‘(f) LIMITATION ON USE OF FUNDS.—None of
(IX) the Telecommunications Industry As-
to examine use cases and applications for the funds made available under subsection
sociation (commonly known as ‘‘TIA’’); and
Open-RAN technologies in other areas of in- (e) may be used—
(X) any other standards-setting body iden-
terest to such agencies; and ‘‘(1) to encourage or facilitate the adoption
tified under paragraph (4);
(iii) international partners, as appropriate. of building codes that restrict or prohibit the
(C) the term ‘‘Secretary’’ means the Sec-
(7) STAKEHOLDER INPUT.—The Assistant direct use of natural gas in residential and
retary of Commerce; and
Secretary shall seek input from stakeholders commercial buildings for space heating,
(D) the term ‘‘standards-setting body’’
regarding the establishment and operation of water heating, cooking, or other purposes; or
means an international body that develops
the Applied Research Open-RAN testbed. the standards for open network architecture ‘‘(2) to compel the adoption of model build-
(8) IMPLEMENTATION DEADLINE.—Not later technologies. ing energy codes.’’.
than 180 days after the date of enactment of (2) GRANT PROGRAM.—
this Act, the Assistant Secretary shall— (A) IN GENERAL.—The Secretary, in col- SA 2181. Ms. LUMMIS (for herself,
(A) define metrics and parameters for the laboration with the Assistant Secretary, Mr. KELLY, and Mr. CORNYN) submitted
Applied Research Open-RAN testbed, includ- shall award grants to private sector entities an amendment intended to be proposed
ing functionality, project configuration and based in the United States to participate in to amendment SA 2137 proposed by Mr.
capacity, performance, security require- eligible standards-setting bodies. SCHUMER (for Ms. SINEMA (for herself,
ments, and quality assurance; (B) PRIORITIZATION.—The Secretary shall
(B) adopt any rules as necessary, in con- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
prioritize grants awarded under this sub- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
sultation with the Federal Communications section to private sector entities that would
Commission; and not otherwise be able to participate in eligi-
TESTER, Ms. MURKOWSKI, Mr. WARNER,
(C) begin the development of the Applied ble standards-setting bodies without the and Mr. ROMNEY)) to the bill H.R. 3684,
Research Open-RAN testbed, including seek- grant. to authorize funds for Federal-aid high-
ing stakeholder input as required by para- (3) GRANT CRITERIA.—Not later than 180 ways, highway safety programs, and
graph (7). days after the date on which amounts are ap- transit programs, and for other pur-
(9) REPORT.—Not later than 1 year after propriated under paragraph (5), the Sec- poses; as follows:
the date of enactment of this Act, the Assist- retary, in collaboration with the Assistant
ant Secretary shall submit to the Committee At the end of subtitle E of title I of divi-
Secretary, shall establish criteria for the sion A, add the following:
on Commerce, Science, and Transportation grants awarded under paragraph (2).
of the Senate and the Committee on Energy SEC. 115ll. HIGHWAY COST ALLOCATION
(4) CONSULTATION WITH FEDERAL COMMU- STUDY.
and Commerce of the House of Representa- NICATIONS COMMISSION.—The Secretary shall
tives a report on the findings of the testbed (a) IN GENERAL.—Not later than 4 years
consult with the Federal Communications after the date of enactment of this Act, the
and any recommendations for additional leg- Commission in—
islative or regulatory actions relating to the Secretary, in coordination with State de-
(A) determining criteria for the grants partments of transportation, shall carry out
work of the testbed. awarded under paragraph (2); and
(10) AUTHORIZATION OF APPROPRIATIONS.— a highway cost allocation study to deter-
(B) determining which standards-setting mine the direct costs of highway use by var-
(A) IN GENERAL.—There are authorized to bodies, if any, in addition to the standards-
be appropriated for the administration of the ious types of users.
setting bodies listed in paragraph (1)(B)(ii) (b) INCLUSIONS.—The study under sub-
Applied Research Open-RAN testbed are eligible standards-setting bodies. section (a) shall include an examination of—
$20,000,000 for fiscal year 2022, to remain (5) AUTHORIZATION OF APPROPRIATIONS.— (1) the Federal costs occasioned in the de-
available until expended. (A) IN GENERAL.—There are authorized to sign, construction, rehabilitation, and main-
(B) RULE OF CONSTRUCTION.—Nothing in be appropriated for grants under paragraph tenance of Federal-aid highways by—
paragraph (6) shall be construed to obligate (2) $30,000,000 in total for fiscal years 2022 (A) the use of vehicles of different dimen-
FirstNet or any other Federal entity to pay through 2025, to remain available until ex- sions, weights, number of axles, and other
for the cost of the Applied Research Open- pended. specifications; and
RAN testbed established under this sub- (B) ADMINISTRATIVE COSTS.—The Secretary (B) the frequency of those vehicles in the
section in the absence of the appropriation of may use not more than 2 percent of any traffic stream;
amounts under this paragraph. funds appropriated under this paragraph for (2) the safety-, emissions-, congestion-, and
(C) AUTHORIZATION FOR VOLUNTARY SUP- the administration of the grant program es- noise-related costs of highway use by various
SSpencer on DSK126QN23PROD with SENATE
PORT.—A Federal entity, including FirstNet, tablished under this subsection. types of users, and other costs as determined
may voluntarily enter into an agreement
by the Secretary; and
with NTIA to provide monetary or nonmone- SA 2179. Mr. THUNE submitted an
(3) the proportionate share of the costs de-
tary support for the Applied Research Open- amendment intended to be proposed to scribed in paragraph (1) that are attributable
RAN testbed. amendment SA 2137 proposed by Mr. to each class of highway users.
(b) PARTICIPATION IN STANDARDS-SETTING SCHUMER (for Ms. SINEMA (for herself, (c) REQUIREMENTS.—In carrying out the
BODIES.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- study under subsection (a), the Secretary
(1) DEFINITIONS.—In this subsection— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. shall—
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5605
(1) ensure that the study examines only di- public water systems to comply with the na- licly owned treatment works, to be used to
rect costs of highway use; tional primary drinking water regulation. implement effluent limitations guidelines
(2) capture the various driving conditions ‘‘(C) HEALTH PROTECTION.—The national and standards developed by the Adminis-
in different geographic areas of the United primary drinking water regulation for trator for a perfluoroalkyl substance,
States; perfluoroalkyl and polyfluoroalkyl sub- polyfluoroalkyl substance, or class of such
(3) to the maximum extent practicable, stances under subparagraph (A) shall be pro- substances.
distinguish between costs directly occa- tective of the health of subpopulations at (2) AUTHORIZATION OF APPROPRIATIONS.—
sioned by a highway user class and costs oc- greater risk, as described in section 1458. There is authorized to be appropriated to the
casioned by all highway user classes; and ‘‘(D) HEALTH RISK REDUCTION AND COST Administrator to carry out this subsection
(4) compare the costs occasioned by var- ANALYSIS.—In meeting the requirements of $200,000,000 for each of fiscal years 2022
ious highway user classes with the user fee paragraph (3)(C) with respect to the national through 2026, to remain available until ex-
revenue contributed to the Highway Trust primary drinking water regulation for pended.
Fund by those highway user classes. perfluoroalkyl and polyfluoroalkyl sub- (d) DEFINITIONS.—In this section:
(d) REPORTS.— stances under subparagraph (A), the Admin- (1) ADMINISTRATOR.—The term ‘‘Adminis-
(1) INTERIM REPORTS.—Not less frequently istrator may rely on information available trator’’ means the Administrator of the En-
than annually during the period during to the Administrator with respect to 1 or vironmental Protection Agency.
which the Secretary is carrying out the more specific perfluoroalkyl or (2) EFFLUENT LIMITATION.—The term ‘‘efflu-
study under subsection (a), the Secretary polyfluoroalkyl substances to extrapolate ent limitation’’ has the meaning given that
shall submit to Congress an interim report reasoned conclusions with respect to the term in section 502 of the Federal Water Pol-
on the progress of the study. health risks and effects of a class of lution Control Act (33 U.S.C. 1362).
(2) FINAL REPORT.—On completion of the perfluoroalkyl or polyfluoroalkyl substances (3) MEASURABLE.—The term ‘‘measurable’’,
study under subsection (a), the Secretary of which the specific perfluoroalkyl or with respect to a chemical substance or class
shall submit to Congress a final report on polyfluoroalkyl substances are a part, in- of chemical substances, means capable of
the results of the study, including the rec- cluding by using techniques described in— being measured using—
ommendations under subsection (e). ‘‘(i) the document of the Environmental (A) a test procedure promulgated or ap-
(e) RECOMMENDATIONS.—On completion of Protection Agency entitled ‘Generalized proved in accordance with part 136 of title 40,
the study under subsection (a), the Sec- Read-Across (GenRA)’ (or a successor docu- Code of Federal Regulations (or successor
retary, in coordination with the Secretary of ment); and regulations); or
the Treasury, shall develop recommenda- (B) another analytical method for meas-
‘‘(ii) the Toxicity Estimation Software
tions for a set of revenue options to fully uring a perfluoroalkyl substance,
Tool of the Environmental Protection Agen-
cover the costs occasioned by highway users, polyfluoroalkyl substance, or class of those
cy (or a successor tool).’’.
substances, if the analytical method is vali-
including recommendations for—
SA 2183. Mrs. GILLIBRAND (for her- dated by the Administrator.
(1) changes to existing revenue streams;
(4) PERFLUOROALKYL SUBSTANCE.—The term
and self, Ms. WARREN, Mr. PADILLA, Mr.
‘‘perfluoroalkyl substance’’ means a chem-
(2) new revenue streams based on user fees. DURBIN, and Mr. MARKEY) submitted an ical of which all of the carbon atoms are
amendment intended to be proposed to fully fluorinated carbon atoms.
SA 2182. Mrs. GILLIBRAND (for her- amendment SA 2137 proposed by Mr. (5) POLYFLUOROALKYL SUBSTANCE.—The
self, Mr. BOOKER, Mrs. FEINSTEIN, and SCHUMER (for Ms. SINEMA (for herself, term ‘‘polyfluoroalkyl substance’’ means a
Mr. BLUMENTHAL) submitted an amend- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- chemical containing at least one fully
ment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. fluorinated carbon atom and at least one
amendment SA 2137 proposed by Mr. carbon atom that is not a fully fluorinated
TESTER, Ms. MURKOWSKI, Mr. WARNER,
SCHUMER (for Ms. SINEMA (for herself, carbon atom.
and Mr. ROMNEY)) to the bill H.R. 3684, (6) PRIORITY INDUSTRY CATEGORY.—The
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- to authorize funds for Federal-aid high- term ‘‘priority industry category’’ means the
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ways, highway safety programs, and following point source categories:
TESTER, Ms. MURKOWSKI, Mr. WARNER, transit programs, and for other pur- (A) Organic chemicals, plastics, and syn-
and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the thetic fibers, as identified in part 414 of title
to authorize funds for Federal-aid high- table; as follows: 40, Code of Federal Regulations (or successor
ways, highway safety programs, and At the appropriate place in division E, in-
regulations).
transit programs, and for other pur- (B) Pulp, paper, and paperboard, as identi-
sert the following:
poses; which was ordered to lie on the fied in part 430 of title 40, Code of Federal
SEC. 50ll. CLEAN WATER ACT EFFLUENT LIMI-
Regulations (or successor regulations).
table; as follows: TATIONS GUIDELINES AND STAND-
ARDS AND WATER QUALITY CRI- (C) Textile mills, as identified in part 410
At the appropriate place in division E, in- TERIA FOR PFAS. of title 40, Code of Federal Regulations (or
sert the following: (a) DEADLINES.— successor regulations).
SEC. 50lll. MAXIMUM CONTAMINANT LEVELS. (1) WATER QUALITY CRITERIA.—Not later (D) Electroplating, as identified in part 413
Section 1412(b) of the Safe Drinking Water than 2 years after the date of enactment of of title 40, Code of Federal Regulations (or
Act (42 U.S.C. 300g–1(b)) is amended by add- this section, the Administrator shall publish successor regulations).
ing at the end the following: in the Federal Register human health water (E) Metal finishing, as identified in part 433
‘‘(16) PERFLUOROALKYL AND quality criteria for each measurable of title 40, Code of Federal Regulations (or
POLYFLUOROALKYL SUBSTANCES.— perfluoroalkyl substance, polyfluoroalkyl successor regulations).
‘‘(A) REQUIRED REGULATIONS.—Not later substance, and class of such substances. (F) Leather tanning and finishing, as iden-
than 2 years after the date of enactment of (2) EFFLUENT LIMITATIONS GUIDELINES AND tified in part 425 of title 40, Code of Federal
this paragraph, the Administrator shall pub- STANDARDS FOR PRIORITY INDUSTRY CAT- Regulations (or successor regulations).
lish a maximum contaminant level and pro- EGORIES.—As soon as practicable, but not (G) Paint formulating, as identified in part
mulgate a national primary drinking water later than 4 years after the date of enact- 446 of title 40, Code of Federal Regulations
regulation for perfluoroalkyl and ment of this section, the Administrator shall (or successor regulations).
polyfluoroalkyl substances, including, at a publish in the Federal Register a final rule (H) Electrical and electronic components,
minimum— establishing, for each priority industry cat- as identified in part 469 of title 40, Code of
‘‘(i) perfluorooctanoic acid (commonly re- egory, effluent limitations guidelines and Federal Regulations (or successor regula-
ferred to as ‘PFOA’); and standards, in accordance with the Federal tions).
‘‘(ii) perfluorooctane sulfonic acid (com- Water Pollution Control Act (33 U.S.C. 1251 (I) Plastics molding and forming, as identi-
monly referred to as ‘PFOS’). et seq.), for the discharge (including a dis- fied in part 463 of title 40, Code of Federal
‘‘(B) MONITORING.—In establishing moni- charge into a publicly owned treatment Regulations (or successor regulations).
toring requirements under the national pri- works) of each measurable perfluoroalkyl (7) TREATMENT WORKS.—The term ‘‘treat-
mary drinking water regulation for substance, polyfluoroalkyl substance, and ment works’’ has the meaning given that
perfluoroalkyl and polyfluoroalkyl sub- class of such substances. term in section 212 of the Federal Water Pol-
stances under subparagraph (A), the Admin- (b) NOTIFICATION.—The Administrator shall lution Control Act (33 U.S.C. 1292).
istrator shall— notify the Committee on Transportation and (8) WATER QUALITY CRITERIA.—The term
SSpencer on DSK126QN23PROD with SENATE
‘‘(i) consider options for tailoring moni- Infrastructure of the House of Representa- ‘‘water quality criteria’’ means the rec-
toring requirements for public water systems tives and the Committee on Environment ommended criteria for water quality devel-
that do not detect, or are reliably and con- and Public Works of the Senate of each pub- oped by the Administrator under section
sistently below the maximum contaminant lication made under this section. 304(a)(1) of the Federal Water Pollution Con-
level for, those substances; and (c) IMPLEMENTATION ASSISTANCE FOR PUB- trol Act (33 U.S.C. 1314(a)(1)).
‘‘(ii) prioritize the use of existing authori- LICLY OWNED TREATMENT WORKS.—
ties to provide technical assistance and fund- (1) IN GENERAL.—The Administrator shall SA 2184. Mrs. GILLIBRAND sub-
ing to help small, rural, or disadvantaged award grants to owners and operators of pub- mitted an amendment intended to be
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S5606 CONGRESSIONAL RECORD — SENATE August 2, 2021
proposed to amendment SA 2137 pro- SEC. ll. GAO STUDY ON THE IMPACT OF DRUNK MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
DRIVING CHILD ENDANGERMENT
posed by Mr. SCHUMER (for Ms. SINEMA LAWS.
Ms. COLLINS, Mr. TESTER, Ms. MUR-
(for herself, Mr. PORTMAN, Mr. (a) IN GENERAL.—Not later than 1 year KOWSKI, Mr. WARNER, and Mr. ROMNEY))
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, after the date of enactment of this Act, the to the bill H.R. 3684, to authorize funds
Ms. COLLINS, Mr. TESTER, Ms. MUR- Comptroller General of the United States for Federal-aid highways, highway
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) shall submit to Congress a report on the im- safety programs, and transit programs,
to the bill H.R. 3684, to authorize funds pact and effectiveness of drunk driving child and for other purposes; which was or-
for Federal-aid highways, highway endangerment laws, and ways in which child dered to lie on the table; as follows:
endangerment laws can be strengthened to
safety programs, and transit programs, At the appropriate place in title III of divi-
protect children who may be passengers in
and for other purposes; which was or- vehicles driven by drunk drivers.
sion B, insert the following:
dered to lie on the table; as follows: (b) CONTENTS.—The report required under SECTION 230ll. RESEARCH REGARDING THE
NEED FOR UNDERRIDE GUARDS ON
At the appropriate place in division H, in- this section shall— SINGLE-UNIT TRUCKS BASED ON
sert the following: (1) review— THE HEIGHT OF THE UNDER-
(A) State laws to determine best practices, CARRIAGE.
SEC. ll. MODIFICATIONS TO INCOME EXCLU-
comparing State laws in which driving drunk (a) IN GENERAL.—Not later than 1 year
SION FOR CERTAIN WASTE WATER
MANAGEMENT SUBSIDIES. with a child is classified as a felony versus a after the date of enactment of this Act, the
misdemeanor; and Secretary shall—
(a) IN GENERAL.—Section 136(a) of the In- (B) effective ways in which States mandate (1) conduct research on the incidence and
ternal Revenue Code of 1986 is amended— or encourage reporting and documentation of severity of underride accidents involving—
(1) by striking ‘‘any subsidy provided’’ and child endangerment; and (A) a single-unit truck with an under-
inserting ‘‘any subsidy— (2) make recommendations as to how State carriage height of more than 22 inches; and
‘‘(1) provided’’, laws can be improved to protect children (B) a single-unit truck with an under-
(2) by striking the period at the end and in- from riding as passengers in vehicles driven carriage height of not more than 22 inches;
serting ‘‘, or’’, and by drunk drivers, including increased pen- and
(3) by adding at the end the following new alties, reporting requirements, and coordina- (2) submit to Congress a report containing
paragraph: tion with child protective services. legislative recommendations regarding any
‘‘(2) provided (directly or indirectly) by a
need for underride guards on single-unit
State or local government to a resident of SA 2186. Mrs. GILLIBRAND (for her- trucks based on the height of the under-
such State or locality for the purchase or in- self and Mr. SCHUMER) submitted an carriage of the single-unit truck.
stallation of any wastewater management
amendment intended to be proposed to (b) INDEPENDENT RESEARCH.—If the Sec-
measure.’’.
amendment SA 2137 proposed by Mr. retary enters into a contract with a third
(b) DEFINITION OF WASTE WATER MANAGE- party to perform the research required under
MENT MEASURE.—Section 136(c) of such Code
SCHUMER (for Ms. SINEMA (for herself,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- subsection (a)(1), the Secretary shall ensure
is amended— that the third party does not have any finan-
(1) by striking ‘‘ENERGY CONSERVATION SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
cial or contractual tie to, or relationship
MEASURE’’ in the heading thereof and insert- TESTER, Ms. MURKOWSKI, Mr. WARNER, with—
ing ‘‘DEFINITIONS’’, and Mr. ROMNEY)) to the bill H.R. 3684, (1) a motor carrier that transports pas-
(2) by striking ‘‘IN GENERAL’’ in the head- to authorize funds for Federal-aid high- sengers or property for compensation;
ing of paragraph (1) and inserting ‘‘ENERGY ways, highway safety programs, and (2) the motor carrier industry; or
CONSERVATION MEASURE’’, and (3) an entity producing or supplying
transit programs, and for other pur-
(3) by redesignating paragraph (2) as para- underride guards.
graph (3) and by inserting after paragraph (1)
poses; which was ordered to lie on the
the following: table; as follows:
SA 2189. Mrs. GILLIBRAND (for her-
‘‘(2) WASTEWATER MANAGEMENT MEASURE.— At the appropriate place in title III of divi-
self and Mr. BURR) submitted an
For purposes of this section, the term sion B, insert the following:
SEC. 230ll. COMMERCIAL DRIVER’S LICENSE
amendment intended to be proposed to
‘wastewater management measure’ means
any installation or modification of property REQUIREMENT. amendment SA 2137 proposed by Mr.
primarily designed to manage wastewater (a) IN GENERAL.—Section 31301(4)(B) of title SCHUMER (for Ms. SINEMA (for herself,
(including septic tanks and cesspools) with 49, United States Code, is amended by strik- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
respect to one or more dwelling units.’’. ing ‘‘to transport at least 16 passengers in- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(c) CLERICAL AMENDMENTS.— cluding the driver’’ and inserting ‘‘or used to TESTER, Ms. MURKOWSKI, Mr. WARNER,
(1) The heading for section 136 of such Code transport 9 or more passengers, including the and Mr. ROMNEY)) to the bill H.R. 3684,
is amended— driver’’.
(b) COMPLETION OF RULEMAKING.—Not later
to authorize funds for Federal-aid high-
(A) by inserting ‘‘AND WASTE WATER’’ after ways, highway safety programs, and
than 2 years after the date of enactment of
‘‘ENERGY’’, and transit programs, and for other pur-
(B) by striking ‘‘PROVIDED BY PUBLIC UTILI- this Act, the Secretary shall complete the
rulemaking process and issue a final rule poses; which was ordered to lie on the
TIES’’.
(2) The item relating to section 136 in the with respect to the withdrawn rulemaking table; as follows:
table of sections of part III of subchapter B entitled ‘‘State Inspection Programs for Pas- At the appropriate place in division B, in-
of chapter 1 of such Code is amended— senger-Carrier Vehicles’’, published in the sert the following:
(A) by inserting ‘‘and waste water’’ after Federal Register on April 27, 2016 (81 Fed. SEC. ll. UNDERRIDE GUARDS FOR GENERAL
‘‘energy’’, and Reg. 24769). SERVICES ADMINISTRATION
TRUCKS.
(B) by striking ‘‘provided by public utili-
SA 2187. Mrs. GILLIBRAND sub- (a) DEFINITIONS.—In this section:
ties’’.
mitted an amendment intended to be (1) REAR UNDERRIDE GUARD.—The term
(d) EFFECTIVE DATE.—The amendments
made by this section shall apply to amounts
proposed to amendment SA 2137 pro- ‘‘rear underride guard’’ means a device in-
posed by Mr. SCHUMER (for Ms. SINEMA stalled on or near the rear of a motor vehicle
received after December 31, 2018.
(for herself, Mr. PORTMAN, Mr. that prevents or limits the distance that the
front end of a vehicle striking the rear of the
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
SA 2185. Mrs. GILLIBRAND sub- vehicle with the device will slide under the
Ms. COLLINS, Mr. TESTER, Ms. MUR- rear of the impacted vehicle.
mitted an amendment intended to be
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (2) SIDE UNDERRIDE GUARD.—The term ‘‘side
proposed to amendment SA 2137 pro-
to the bill H.R. 3684, to authorize funds underride guard’’ means a device installed on
posed by Mr. SCHUMER (for Ms. SINEMA
for Federal-aid highways, highway or near the side of a motor vehicle that pre-
(for herself, Mr. PORTMAN, Mr.
safety programs, and transit programs, vents or limits the distance that the front
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, end of a vehicle striking the side of the vehi-
and for other purposes; which was or-
Ms. COLLINS, Mr. TESTER, Ms. MUR- cle with the device will slide under the side
dered to lie on the table; as follows:
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) of the impacted vehicle.
SSpencer on DSK126QN23PROD with SENATE
In section 23011(c)(1)(B) of title III of divi-
to the bill H.R. 3684, to authorize funds (b) PROCUREMENT AND USE OF TRUCKS WITH
sion B, strike ‘‘, benefits, and costs’’. UNDERRIDE GUARDS.—
for Federal-aid highways, highway
safety programs, and transit programs, (1) IN GENERAL.—Except as provided in
SA 2188. Mrs. GILLIBRAND sub-
and for other purposes; which was or- paragraph (2), the General Services Adminis-
mitted an amendment intended to be tration—
dered to lie on the table; as follows: proposed to amendment SA 2137 pro- (A) may not purchase a truck, the bottom
At the appropriate place, insert the fol- posed by Mr. SCHUMER (for Ms. SINEMA of the carriage of which is more than 22
lowing: (for herself, Mr. PORTMAN, Mr. inches above the ground, unless the truck
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5607
has a rear underride guard and side (A) a community, including a historically (B) DUTIES OF THE DIRECTOR.—The Director
underride guards; and disadvantaged community, located in a rural shall—
(B) shall require that a truck used under a area; (i) be responsible for engaging in activities
contract with the General Services Adminis- (B) a federally recognized Indian Tribe; and to carry out—
tration has a rear underride guard and side (C) a historically disadvantaged commu- (I) the mission of the Office described in
underride guards. nity located in a Tribal area. paragraph (1); and
(2) SAVINGS CLAUSE.—Paragraph (1) shall (b) OFFICE OF RURAL INVESTMENT.— (II) the objectives of the Office described in
not apply to any purchase or use of a truck (1) IN GENERAL.—The Secretary shall estab- paragraph (2);
required under a contract entered into by lish in the Department, within the Office of (ii) organize, guide, and lead activities
the General Services Administration before the Secretary, an Office of Rural Invest- within the Department to address disparities
the date of enactment of this Act. ment— in rural transportation infrastructure to im-
(A) to improve the analysis of projects pro- prove safety, economic development, and
SA 2190. Mr. DURBIN (for himself posed by rural communities applying for dis- quality of life in rural communities and re-
and Mr. BLUMENTHAL) submitted an cretionary grants from the Department, in- gions;
(iii) provide information and outreach to
amendment intended to be proposed to cluding by ensuring that project costs, local
rural communities and regions concerning
amendment SA 2137 proposed by Mr. resources, and the larger benefits to the peo-
the availability and eligibility requirements
SCHUMER (for Ms. SINEMA (for herself, ple and the economy of the United States are
of participating in programs of the Depart-
appropriately considered;
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ment;
(B) to ensure that the unique needs and at-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (iv) help rural communities and regions—
tributes of rural transportation, involving
TESTER, Ms. MURKOWSKI, Mr. WARNER, (I) identify competitive economic advan-
all modes, are fully addressed and prioritized
and Mr. ROMNEY)) to the bill H.R. 3684, tages and transportation investments that
during the development and implementation
ensure continued economic growth; and
to authorize funds for Federal-aid high- of transportation policies, programs, and ac-
(II) avoid duplicative transportation in-
ways, highway safety programs, and tivities within the Department;
vestments;
transit programs, and for other pur- (C)(i) to improve coordination of Federal (v) serve as a resource for assisting rural
poses; which was ordered to lie on the transportation policies, programs, and ac- communities and regions with respect to
tivities within the Department in a manner
table; as follows: Federal transportation programs;
that expands economic development in rural (vi) identify—
At the appropriate place, insert the fol- communities and regions; and
lowing: (I) Federal statutes, regulations, and po-
(ii) to provide recommendations for im- lices that may impede the Department from
SEC. ll. AUTHORIZATION OF AMTRAK TO BRING provement, including additional internal re-
A CIVIL ACTION TO ENFORCE ITS supporting effective rural infrastructure
alignments; projects that address national transpor-
PREFERENCE RIGHTS.
(D) to expand Federal transportation infra- tation goals; and
(a) IN GENERAL.—Section 24308(c) of title structure investment in rural communities
49, United States Code, is amended by adding (II) potential measures to solve or mitigate
and regions, including by providing rec- those issues;
at the end the following: ‘‘Notwithstanding ommendations for changes in existing fund- (vii) identify improved, simplified, and
sections 24103(a) and 24308(f), Amtrak shall ing distribution patterns; streamlined internal processes to help lim-
have the right to bring an action for equi- (E) to use innovation to resolve local and ited-resource rural communities and regions
table or other relief in the United States Dis- regional transportation challenges faced by access transportation investments;
trict Court for the District of Columbia to rural communities and regions; (viii) recommend changes and initiatives
enforce the preference rights granted under (F) to promote and improve planning and for the Secretary to consider;
this subsection.’’. coordination among rural communities and (ix) ensure and coordinate a routine rural
(b) CONFORMING AMENDMENT.—Section regions to maximize the unique competitive consultation on the development of policies,
24103(a)(1) of title 49, United States Code, is advantage in those locations while avoiding programs, and activities of the Department;
amended by inserting ‘‘and section 24308(c)’’ duplicative Federal, State and local invest- (x) serve as an advocate within the Depart-
before ‘‘, only the Attorney General’’. ments; and ment on behalf of rural communities and re-
(G) to ensure that all rural communities gions; and
SA 2191. Mr. DURBIN (for himself and regions lacking resources receive (xi) work in coordination with the Depart-
and Mr. BRAUN) submitted an amend- proactive outreach, education, and technical ment of Agriculture, the Department of
ment intended to be proposed to assistance to improve access to Federal Health and Human Services, the Department
amendment SA 2137 proposed by Mr. transportation programs. of Commerce, the Federal Communications
SCHUMER (for Ms. SINEMA (for herself, (2) OBJECTIVES.—The Office shall— Commission, and other Federal agencies, as
(A) collect input from knowledgeable enti- the Secretary determines to be appropriate,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
ties and the public on— in carrying out the duties described in
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(i) the benefits of rural and Tribal trans- clauses (i) through (x).
TESTER, Ms. MURKOWSKI, Mr. WARNER, portation projects; (4) CONTRACTS AND AGREEMENTS.—For the
and Mr. ROMNEY)) to the bill H.R. 3684, (ii) the technical and financial assistance purpose of carrying out the mission of the
to authorize funds for Federal-aid high- required for constructing and operating rural Office under paragraph (1) and the objectives
ways, highway safety programs, and and Tribal transportation infrastructure and of the Office under paragraph (2), the Sec-
transit programs, and for other pur- services; retary may enter into contracts, cooperative
poses; which was ordered to lie on the (iii) barriers and opportunities to funding agreements, and other agreements as nec-
rural and Tribal transportation projects; essary, including with research centers, in-
table; as follows:
(iv) unique transportation barriers and stitutions of higher education, States, units
Strike section 25010 of division B and in- challenges facing historically disadvantaged of local government, nonprofit organiza-
sert the following: communities in rural and Tribal areas; and tions, or a combination of any of those enti-
SEC. 25010. RURAL INVESTMENT. (v) unique environmental transportation ties—
(a) DEFINITIONS.—In this section: issues for rural communities and Tribal com- (A) to conduct research on transportation
(1) ADVISORY BOARD.—The term ‘‘Advisory munities; investments that promote rural economic
Board’’ means the Rural Transportation Ad- (B) evaluate data on rural and Tribal development;
visory Board established under subsection transportation challenges and determine (B) to solicit information in the develop-
(d)(1). methods to align the discretionary funding ment of policy, programs, and activities of
(2) BUILD AMERICA BUREAU.—The term and financing opportunities of the Depart- the Department that can improve infrastruc-
‘‘Build America Bureau’’ means the National ment with the needs of rural communities ture investment and economic development
Surface Transportation and Innovative Fi- and Tribal communities for meeting na- in rural communities and regions;
nance Bureau established under section 116 tional transportation goals; and (C) to develop educational and outreach
of title 49, United States Code. (C) educate rural communities and Tribal materials, including the conduct of work-
(3) COUNCIL.—The term ‘‘Council’’ means communities about applicable Department shops, courses, and certified training for
the Rural Investment Council established discretionary grants, develop effective meth- rural communities and regions that can fur-
under subsection (c)(1). ods to evaluate projects in those commu- ther the mission and objectives of the Office
SSpencer on DSK126QN23PROD with SENATE
(4) DIRECTOR.—The term ‘‘Director’’ means nities in discretionary grant programs, and and the mission and goals of the Depart-
the Director for Rural Investment appointed communicate those methods through pro- ment; and
under subsection (b)(3)(A). gram guidance. (D) to carry out any other activities, as de-
(5) OFFICE.—The term ‘‘Office’’ means the (3) LEADERSHIP.— termined by the Secretary to be appropriate.
Office of Rural Investment established under (A) IN GENERAL.—The Office shall be head- (5) GRANTS.—
subsection (b)(1). ed by a Director for Rural Investment who (A) IN GENERAL.—For the purpose of car-
(6) RURAL COMMUNITY.—The term ‘‘rural shall be appointed by, and report directly to, rying out the mission of the Office under
community’’ means— the Secretary. paragraph (1) and the objectives of the Office
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S5608 CONGRESSIONAL RECORD — SENATE August 2, 2021
under paragraph (2), the Secretary may (A) an annual report to Congress describ- (A) IN GENERAL.—The Advisory Board shall
award competitive grants to an entity de- ing Council activities for the past year and meet not less than twice per year, as deter-
scribed in subparagraph (B) to support ex- expected activities for the coming year; mined by the Secretary.
panded education, outreach, and technical (B) any recommendations to enhance the (B) INITIAL MEETING.—Not later than 180
assistance to rural communities and regions. effectiveness of Department discretionary days after the date on which the initial
(B) ENTITY DESCRIBED.—An entity referred grant programs regarding rural and Tribal members of the Advisory Board are ap-
to in subparagraph (A) is a nonprofit organi- infrastructure issues; and pointed under paragraph (2)(C), the Advisory
zation or an institution of higher education (C) other guides and reports for relevant Board shall hold the first meeting of the Ad-
that has not less than 3 years of experience groups and the public. visory Board.
providing meaningful transportation tech- (d) RURAL TRANSPORTATION ADVISORY (4) DUTIES.—
nical assistance or advocacy services to rural BOARD.— (A) IN GENERAL.—The Advisory Board
communities and regions. (1) IN GENERAL.—The Secretary shall estab- shall—
(6) EMPLOYEES.—The Secretary shall en- lish a Rural Transportation Advisory Board (i) advise the Office on issues related to
sure that not more than 4 full-time equiva- to consult with and advise the Office. rural needs relating to Federal transpor-
lent employees are assigned to the Office. (2) MEMBERSHIP.— tation programs;
(c) RURAL INVESTMENT COUNCIL.— (A) IN GENERAL.—The Advisory Board shall (ii) evaluate and review ongoing research
(1) IN GENERAL.—The Secretary shall estab- be composed of 15 members, appointed by the activities relating to rural transportation
lish a Rural Investment Council— Secretary from among individuals with di- networks, including new and emerging bar-
(A) to assist the Secretary in organizing rect experience with rural issues, of whom— riers to economic development and access to
the Office; (i) not fewer than 1 shall be a representa- investments;
(B) to provide guidance to the Office; tive from an institution of higher education (iii) develop recommendations for any
(C) to assist the Director in leading the Of- or extension program; changes to Federal law, regulations, internal
fice; and (ii) not fewer than 1 shall be a representa- Department policies or guidance, or other
(D) to work with the Office to coordinate tive from an organization promoting busi- measures that would eliminate barriers for
rural-related and Tribal-related funding pro- ness and economic development, such as a rural access or improve rural equity in
grams and assistance among the modal ad- chamber of commerce, a local government transportation investments;
ministrations of the Department. institution, or a planning organization; (iv) examine methods of maximizing the
(2) MEMBERSHIP.— (iii) not fewer than 1 shall be a representa- number of opportunities for assistance for
(A) IN GENERAL.—The Council shall be com- tive from a financing entity; rural communities and regions under Federal
posed of the following officers of the Depart- (iv) not fewer than 1 shall have experience transportation programs, including expanded
ment, or their designees: in health, mobility, or emergency services; outreach and technical assistance;
(i) The Under Secretary of Transportation (v) not fewer than 1 shall have experience (v) examine methods of encouraging inter-
for Policy. in transportation safety; governmental and local resource cooperation
(ii) The General Counsel. (vi) not fewer than 1 shall have experience to mitigate duplicative investments in key
(iii) The Chief Financial Officer and Assist- with workforce access; rural communities and regions and improve
ant Secretary for Budget and Programs. (vii) not fewer than 1 shall have experience the efficiencies in the delivery of Federal
(iv) The Assistant Secretary for Research with tourism and recreational activities; transportation programs;
and Technology. (viii) not fewer than 1 shall have— (vi) evaluate other methods of creating
(v) The Assistant Secretary for Multimodal (I) experience with rural supply chains, new opportunities for rural communities and
Freight. such as direct-to-consumer supply chains; regions; and
(vi) The Administrators of— and (vii) address any other relevant issues, as
(I) the Federal Aviation Administration; (II) wholesale distribution experience; the Secretary determines to be appropriate.
(II) the Federal Highway Administration; (ix) not fewer than 1 shall have experience (B) REPORTS.—Not later than 1 year after
(III) the Federal Railroad Administration; in emerging or innovative technologies re- the date on which the initial members of the
and lating to rural transportation networks; Advisory Board are appointed under para-
(IV) the Federal Transit Administration. (x) not fewer than 1 shall have experience graph (2)(C), and every 2 years thereafter
(vii) The Executive Director of the Build in food, nutrition, and grocery access; through 2026, the Advisory Board shall sub-
America Bureau. (xi) not fewer than 1 shall be actively en- mit to the Secretary and the relevant com-
(viii) The Assistant Secretary for Govern- gaged in agriculture, ranching, or forestry; mittees of Congress a report describing the
mental Affairs. and recommendations developed under subpara-
(B) CHAIR.—The Under Secretary of Trans- (xii) not fewer than 1 shall have experience graph (A)(iii).
portation for Policy shall be the Chair of the with historically underserved regions, as de- (5) PERSONNEL MATTERS.—
Council. termined by the Secretary. (A) COMPENSATION.—A member of the Advi-
(C) ADDITIONAL MEMBERS.—The Secretary (B) REQUIREMENT.—The Secretary shall ap- sory Board shall serve without compensa-
or the Chair of the Council may designate point members to the Advisory Board in a tion.
additional members to serve on the Council. manner that ensures, to the maximum ex- (B) TRAVEL EXPENSES.—A member of the
(3) ADDITIONAL MODAL INPUT.—To address tent practicable, that the geographic and Advisory Board shall be allowed travel ex-
issues related to safety and transport of economic diversity of rural communities and penses, including per diem in lieu of subsist-
rural and Tribal commodities, the Council regions of the United States are represented. ence, in accordance with section 5703 of title
shall consult with the Administrators (or (C) TIMING OF INITIAL APPOINTMENTS.—Not 5, United States Code.
their designees) of— later than 180 days after the date of enact- (6) TERMINATION.—
(A) the Maritime Administration; ment of this Act, the Secretary shall appoint (A) IN GENERAL.—Subject to subparagraph
(B) the Great Lakes St. Lawrence Seaway the initial members of the Advisory Board. (B), the Advisory Board shall terminate on
Development Corporation; and (D) PERIOD OF APPOINTMENTS.— the date that is 5 years after the date on
(C) the National Highway Traffic Safety (i) IN GENERAL.—Except as provided in which the initial members are appointed
Administration. clause (ii), a member of the Advisory Board under paragraph (2)(C).
(4) DUTIES.—Members of the Council shall be appointed for a term of 3 years. (B) EXTENSION.—Before the date on which
shall— (ii) INITIAL APPOINTMENTS.—Of the mem- the Advisory Board terminates, the Sec-
(A) participate in all meetings and rel- bers first appointed to the Advisory Board — retary may renew the Advisory Board for 1
evant Council activities and be prepared to (I) 5, as determined by the Secretary, shall or more 2-year periods.
share information relevant to rural and Trib- be appointed for a term of 3 years; (e) AUTHORIZATION OF APPROPRIATIONS.—
al transportation infrastructure projects and (II) 5, as determined by the Secretary, There is authorized to be appropriated to
issues; shall be appointed for a term of 2 years; and carry out this section $7,000,000 for each of
(B) provide guidance and leadership on (III) 5, as determined by the Secretary, fiscal years 2022 through 2026.
rural and Tribal transportation infrastruc- shall be appointed for a term of 1 year. ---
ture issues and represent the work of the (E) VACANCIES.—Any vacancy on the Advi-
Council and the Department on those issues sory Board — SA 2192. Mr. WICKER submitted an
to external stakeholders; and (i) shall not affect the power of the Advi- amendment intended to be proposed to
(C) recommend initiatives to the Chair of sory Board; and amendment SA 2137 proposed by Mr.
SSpencer on DSK126QN23PROD with SENATE
the Council to consider, establish, and staff (ii) shall be filled as soon as practicable SCHUMER (for Ms. SINEMA (for herself,
any resulting activities or working groups. and in the same manner as the original ap- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(5) MEETINGS.—The Council shall meet bi- pointment.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
monthly. (F) CONSECUTIVE TERMS.—An appointee to
(6) WORK PRODUCTS AND DELIVERABLES.— the Advisory Board may serve 1 additional, TESTER, Ms. MURKOWSKI, Mr. WARNER,
The Council may develop work products or consecutive term if the member is re- and Mr. ROMNEY)) to the bill H.R. 3684,
deliverables to meet the goals of the Council, appointed by the Secretary. to authorize funds for Federal-aid high-
including— (3) MEETINGS.— ways, highway safety programs, and
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5609
transit programs, and for other pur- tember 30, 2034, shall be made available for (b) TERMINATION OF FUND AND ACCOUNT.—
poses; which was ordered to lie on the fiscal year 2024, $40,000,000, to remain avail- (1) TERMINATION OF PRESIDENTIAL ELECTION
able until September 30, 2035, shall be made CAMPAIGN FUND.—
table; as follows:
available for fiscal year 2025, and $40,000,000, (A) IN GENERAL.—Chapter 95 of subtitle H
At the appropriate place in division J, in- to remain available until September 30, 2036, of such Code is amended by adding at the end
sert the following: shall be made available for fiscal the following new section:
EXPENSES FOR UNITED STATES MERCHANT ‘‘SEC. 9013. TERMINATION.
MARINE ACADEMY INFRASTRUCTURE SA 2194. Ms. ERNST submitted an ‘‘The provisions of this chapter shall not
SEC. lll. For necessary expenses of ac- amendment intended to be proposed to apply with respect to any Presidential elec-
tivities authorized by law for the United amendment SA 2137 proposed by Mr. tion (or any Presidential nominating conven-
State Merchant Marine Academy, SCHUMER (for Ms. SINEMA (for herself, tion) after the date of the enactment of this
$611,026,400: Provided, That $526,512,000 shall section, or to any candidate in such an elec-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tion.’’.
be provided for construction and contingency
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (B) TRANSFER OF REMAINING FUNDS.—
purchases, $53,801,200 for design purchases,
and $30,713,200 for program management pur- TESTER, Ms. MURKOWSKI, Mr. WARNER, (i) IN GENERAL.—Section 9006 of such Code
chases regarding United States Merchant and Mr. ROMNEY)) to the bill H.R. 3684, is amended by adding at the end the fol-
Marine Academy infrastructure improve- to authorize funds for Federal-aid high- lowing new subsection:
ment, which shall be used to recapitalize, ways, highway safety programs, and ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER
maintain, and enhance the infrastructure of transit programs, and for other pur- TERMINATION.—The Secretary shall transfer
the United States Merchant Marine Acad- the amounts in the fund as of the date of the
poses; which was ordered to lie on the enactment of this subsection to the Highway
emy.
table; as follows: Trust Fund.’’.
SA 2193. Ms. ERNST (for herself and At the appropriate place, insert the fol- (ii) CONFORMING AMENDMENT.—Section
Mr. WICKER) submitted an amendment lowing: 9503(f) of such Code, as amended by section
SEC. lll. METAL COMPOSITION OF CERTAIN 80103, is amended by redesignating paragraph
intended to be proposed to amendment COINS. (12) as paragraph (13) and by inserting after
SA 2137 proposed by Mr. SCHUMER (for (a) IN GENERAL.—Section 5112(b) of title 31, paragraph (11) the following new paragraph:
Ms. SINEMA (for herself, Mr. PORTMAN, United States Code, is amended— ‘‘(12) TRANSFER OF AMOUNTS FROM PRESI-
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and DENTIAL ELECTION CAMPAIGN FUND.—There is
HEEN, Ms. COLLINS, Mr. TESTER, Ms. (2) by adding at the end the following: hereby transferred to the Highway Trust
MURKOWSKI, Mr. WARNER, and Mr. ROM- ‘‘(2) Notwithstanding paragraph (1), the Fund the amounts described in section
NEY)) to the bill H.R. 3684, to authorize Secretary may prescribe a composition of 9006(d).’’.
funds for Federal-aid highways, high- materials in, and a construction of, the half (2) TERMINATION OF ACCOUNT.—Chapter 96 of
dollar, quarter dollar, dime, or 5-cent coin subtitle H of such Code is amended by adding
way safety programs, and transit pro- that varies from the composition and con- at the end the following new section:
grams, and for other purposes; which struction required under that paragraph ‘‘SEC. 9043. TERMINATION.
was ordered to lie on the table; as fol- with respect to the coin (including by using ‘‘The provisions of this chapter shall not
lows: different metals in the alloy for the coin apply to any candidate with respect to any
Beginning on page 2547, strike line 12 and than those required under that paragraph) if Presidential election after the date of the
all that follows through page 2548, line 7, and that action by the Secretary— enactment of this section.’’.
insert the following: ‘‘(A) reduces the overall cost of minting (c) CLERICAL AMENDMENTS.—
the coin; and (1) The table of sections for chapter 95 of
PROCUREMENT, CONSTRUCTION, IMPROVEMENTS,
‘‘(B) does not affect— subtitle H of such Code is amended by adding
AND OPERATIONS AND SUPPORT
‘‘(i) the diameter and weight of the coin at the end the following new item:
For an additional amount for ‘‘Procure- specified under subsection (a); or ‘‘Sec. 9013. Termination.’’.
ment, Construction, Improvements, and Op- ‘‘(ii) the functionality of the coin, includ-
erations and Support’’, $1,229,000,000, to re- (2) The table of sections for chapter 96 of
ing the electromagnetic signature with re- subtitle H of such Code is amended by adding
main available until September 30, 2026: Pro- spect to the acceptance of the coin.’’.
vided, That of the funds made available at the end the following new item:
(b) TRANSFERS OF SAVINGS TO THE HIGHWAY
under this heading in this Act— ‘‘Sec. 9043. Termination.’’.
TRUST FUND.—Section 9503(b) of the Internal
(1) $131,500,000 shall be for housing, family Revenue Code of 1986 is amended by inserting
support, safety, and training facilities, as de- SA 2196. Mr. BARRASSO submitted
after paragraph (2) the following new para- an amendment intended to be proposed
scribed in the Coast Guard Fiscal Year 2022 graph:
Unfunded Priorities List submitted to Con- ‘‘(3) SAVINGS FROM METAL COMPOSITION OF
to amendment SA 2137 proposed by Mr.
gress on June 29, 2021; COINS.—There are hereby appropriated to the
SCHUMER (for Ms. SINEMA (for herself,
(2) $158,000,000 shall be for shore construc- Highway Trust Fund amounts equivalent to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
tion addressing facility deficiencies, as de- cost savings achieved as a result of alter- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
scribed in the Coast Guard Fiscal Year 2022 nation in the composition or construction of TESTER, Ms. MURKOWSKI, Mr. WARNER,
Unfunded Priorities List submitted to Con- coins pursuant to section 5112(b)(2) of title and Mr. ROMNEY)) to the bill H.R. 3684,
gress on June 29, 2021; 31, United States Code.’’. to authorize funds for Federal-aid high-
(3) $19,500,000 shall be for shore construc-
tion supporting operational assets and mari- ways, highway safety programs, and
SA 2195. Ms. ERNST submitted an transit programs, and for other pur-
time commerce, as described in the Coast
amendment intended to be proposed to poses; which was ordered to lie on the
Guard Fiscal Year 2022 Unfunded Priorities
List submitted to Congress on June 29, 2021; amendment SA 2137 proposed by Mr. table; as follows:
(4) $120,000,000 shall be for construction and SCHUMER (for Ms. SINEMA (for herself, At the end of subtitle E of title III of divi-
improvement of childcare development cen- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- sion D, add the following:
ters; and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SEC. 4034l. AMERICAN CRITICAL MINERAL INDE-
(5) $800,000,000 shall be for the remaining TESTER, Ms. MURKOWSKI, Mr. WARNER, PENDENCE.
items on the Coast Guard Fiscal Year 2022 and Mr. ROMNEY)) to the bill H.R. 3684, (a) DEFINITIONS.—In this section:
Unfunded Priorities List submitted to Con- to authorize funds for Federal-aid high- (1) BYPRODUCT.—The term ‘‘byproduct’’ has
gress on June 29, 2021 that are not described the meaning given the term in section 7002(a)
ways, highway safety programs, and of the Energy Act of 2020 (30 U.S.C. 1606(a)).
in paragraphs (1), (2), or (3):
On page 2697, strike lines 9 through 23 and transit programs, and for other pur- (2) CRITICAL MINERAL.—The term ‘‘critical
insert the following: poses; which was ordered to lie on the mineral’’ has the meaning given the term in
For an additional amount for ‘‘Natural Gas table; as follows: section 7002(a) of the Energy Act of 2020 (30
Distribution Infrastructure Safety and Mod- At the appropriate place in division I, in- U.S.C. 1606(a)), except that the term shall
ernization Grant Program’’, $200,000,000, to sert the following: not exclude materials described in paragraph
remain available until September 30, 2032 for SEC. ll. TERMINATION OF TAXPAYER FINANC- (3)(B)(iii) of that section.
the Secretary of Transportation to make (3) CRITICAL MINERAL PROJECT.—The term
SSpencer on DSK126QN23PROD with SENATE
ING OF PRESIDENTIAL ELECTION
competitive grants for the modernization of CAMPAIGNS. ‘‘critical mineral project’’ means a project—
natural gas distribution pipelines: Provided, (a) TERMINATION OF DESIGNATION OF INCOME (A) located on—
That $40,000,000, to remain available until TAX PAYMENTS.—Section 6096 of the Internal (i) a mining claim, millsite claim, or tun-
September 30, 2032, shall be made available Revenue Code of 1986 is amended by adding nel site claim for any locatable mineral;
for fiscal year 2022, $40,000,000, to remain at the end the following new subsection: (ii) land open to mineral entry; or
available until September 30, 2033, shall be ‘‘(d) TERMINATION.—This section shall not (iii) a Federal mineral lease; and
made available for fiscal year 2023, apply to taxable years beginning after De- (B) for the purpose of producing a critical
$40,000,000, to remain available until Sep- cember 31, 2020.’’. mineral, including—
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S5610 CONGRESSIONAL RECORD — SENATE August 2, 2021
(i) as a byproduct, or a product of a host (3) SCHEDULE FOR PERMITTING PROCESS.— (1) in subsection (a)—
mineral, or from tailings; or For any critical mineral project for which (A) in paragraph (2)—
(ii) through an exploration project with re- the lead agency cannot make the determina- (i) in subparagraph (D)—
spect to which the presence of a byproduct is tion described in paragraph (2)(A), at the re- (I) in clause (v)(III), by adding ‘‘or’’ after
a reasonable expectation, based on known quest of a project sponsor, the lead agency, the semicolon at the end;
mineral companionality, geologic formation, cooperating agencies, and any other agencies (II) by striking clause (vi); and
mineralogy, or other factors. involved with the mineral exploration or (III) by redesignating clause (vii) as clause
(4) LEAD AGENCY.—The term ‘‘lead agency’’ mine permitting process shall enter into an (vi); and
means the agency with primary responsi- agreement with the project sponsor that sets (ii) in subparagraph (E), by striking ‘‘for
bility for issuing a mineral exploration or time limits for each part of the permitting domestic commercial use’’ and inserting ‘‘to
mine permit for a project. process, including— meet the needs of commercial, government,
(5) MINERAL EXPLORATION OR MINE PER- (A) the decision on whether to prepare an academic, and international entities’’; and
MIT.—The term ‘‘mineral exploration or mine environmental impact statement or similar (B) by redesignating paragraphs (6) and (7)
permit’’ means— analysis required under the National Envi- as paragraphs (8) and (6), respectively, and
(A) an authorization of the Bureau of Land ronmental Policy Act of 1969 (42 U.S.C. 4321 moving the paragraphs so as to appear in nu-
Management or the Forest Service, as appli- et seq.); merical order;
cable, for a premining activity that requires (B) a determination of the scope of any en- (2) in subsection (b)(2)—
analysis under the National Environmental vironmental impact statement or similar (A) by striking ‘‘subsection (a)(1)’’ each
Policy Act of 1969 (42 U.S.C. 4321 et seq.); analysis required under that Act; place it appears and inserting ‘‘subsection
(B) a plan of operations issued by the Bu- (C) the scope of, and schedule for, the base- (b)(1)’’;
reau of Land Management or the Forest line studies required to prepare an environ- (B) in subparagraph (B)(viii), by striking
Service; and mental impact statement or similar analysis ‘‘subsection (a)(2)(F)’’ and inserting ‘‘sub-
(C) a permit for a project located in an required under that Act; section (b)(2)(F)’’; and
area for which a hardrock mineral permit or (D) preparation of any draft environmental (C) in subparagraph (D)(vi), by striking
lease is available. impact statement or similar analysis re- ‘‘subsection (a)(2)(A)’’ and inserting ‘‘sub-
(6) STATE.—The term ‘‘State’’ means— quired under that Act; section (b)(2)(A)’’;
(A) a State; (E) preparation of a final environmental (3) in subsection (c)—
(B) the District of Columbia; impact statement or similar analysis re- (A) by redesignating paragraphs (1)
(C) the Commonwealth of Puerto Rico; quired under that Act; through (5) as subparagraphs (A) through (E),
(D) Guam; (F) any consultations required under appli- respectively, and indenting appropriately;
(E) American Samoa; cable law; and
(F) the Commonwealth of the Northern (G) submission and review of any com- (B) in the matter preceding subparagraph
Mariana Islands; and ments required under applicable law; (A) (as so redesignated)—
(G) the United States Virgin Islands. (H) publication of any public notices re- (i) by striking ‘‘There are’’ and inserting
quired under applicable law; and the following:
(b) IMPROVING DOMESTIC PERMITTING PROC- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—
ESSES.— (I) any final or interim decisions.
There are’’; and
(1) IN GENERAL.—Notwithstanding any (4) CONSIDERATIONS.—In carrying out this
(ii) by striking ‘‘in this section’’ and in-
other provision of law, and except with subsection, the lead agency shall consider
serting ‘‘under this subsection’’;
agreement of the project sponsor, the total deferring to, and relying on, baseline data,
(4) in subsection (d)—
period for all necessary Federal reviews and analyses, and reviews performed by State
(A) by redesignating paragraphs (1)
permit consideration for a critical mineral agencies with jurisdiction over the proposed
through (6) as paragraphs (2), (3), (5), (6), (7),
project on Federal land reasonably expected critical mineral project.
and (8), respectively;
to produce critical minerals may not ex- (5) MEMORANDUM OF AGREEMENT.—The lead
(B) by inserting before paragraph (2) (as so
ceed— agency with respect to a critical mineral
redesignated) the following:
(A) with respect to a project that requires project on Federal land, in consultation with
‘‘(1) ADVANCED NUCLEAR REACTOR.—The
an environmental assessment under section any other Federal agency with jurisdiction term ‘advanced nuclear reactor’ has the
102(2)(C) of the National Environmental Pol- over the critical mineral project, shall, on meaning given the term in section 951(b) of
icy Act of 1969 (42 U.S.C. 4332(2)(C)), 18 request of the project sponsor, a State or the Energy Policy Act of 2005 (42 U.S.C.
months; or local government, an Indian Tribe, or an- 16271(b)).’’; and
(B) with respect to a project that requires other entity the lead agency determines ap- (C) by inserting after paragraph (3) (as so
an environmental impact statement under propriate, establish a memorandum of agree- redesignated) the following:
that section, 24 months. ment with the project sponsor, a State or ‘‘(4) DEPARTMENT.—The term ‘Department’
(2) DETERMINATION UNDER NATIONAL ENVI- local government, an Indian Tribe, or an- means the Department of Energy.’’;
RONMENTAL POLICY ACT.— other entity the lead agency determines ap- (5) by moving paragraph (7) of subsection
(A) IN GENERAL.—To the extent that the propriate to carry out the activities de- (c) (as designated by paragraph (3)(B)(i)) so
National Environmental Policy Act of 1969 scribed in this subsection. as to appear after paragraph (6) of subsection
(42 U.S.C. 4321 et seq.) applies to the issuance (6) ADDRESSING PUBLIC COMMENTS.—As part (a) (as redesignated by paragraph (1)(B));
of any mineral exploration or mine permit of the review process of a critical mineral (6) by striking subsection (c);
relating to a critical mineral project, the project under the National Environmental (7) by redesignating subsections (a), (b),
lead agency may deem the requirements of Policy Act of 1969 (42 U.S.C. 4321 et seq.), the and (d) as subsections (b), (g), and (a), respec-
that Act to be satisfied if the lead agency de- lead agency may not address any agency or tively, and moving the subsections so as to
termines that a State or Federal agency act- public comments that were not submitted— appear in alphabetical order; and
ing under State or Federal law has addressed (A) during a public comment period or con- (8) by inserting after subsection (b) (as so
the following factors: sultation period provided during the permit- redesignated) the following:
(i) The environmental impact of the action ting process; or ‘‘(c) HA–LEU FOR ADVANCED NUCLEAR RE-
to be conducted under the permit. (B) as otherwise required by law. ACTOR DEMONSTRATION PROJECTS.—
(ii) Possible alternatives to issuance of the --- ‘‘(1) ACTIVITIES.—Not later than 30 days
permit. SA 2197. Mr. BARRASSO submitted after the date of enactment of the Infra-
(iii) The relationship between long- and an amendment intended to be proposed structure Investment and Jobs Act, the Sec-
short-term uses of the local environment and to amendment SA 2137 proposed by Mr. retary shall initiate activities to make
the maintenance and enhancement of long- SCHUMER (for Ms. SINEMA (for herself, available HA–LEU, produced from inven-
term productivity. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tories owned by the Department, for use by
(iv) Any irreversible and irretrievable com- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. advanced nuclear reactors, with priority
mitment of resources that would be involved TESTER, Ms. MURKOWSKI, Mr. WARNER, given to the awards made pursuant to the
in the proposed action. and Mr. ROMNEY)) to the bill H.R. 3684, funding opportunity announcement of the
(B) PUBLICATION.—The lead agency shall Department numbered DE–FOA–0002271 for
to authorize funds for Federal-aid high-
publish a determination under subparagraph Pathway 1, Advanced Reactor Demonstra-
(A) not later than 90 days after receipt of an ways, highway safety programs, and tions, with additional HA–LEU to be made
application for the permit. transit programs, and for other pur- available to members of the consortium es-
SSpencer on DSK126QN23PROD with SENATE
(C) VERIFICATION.—The lead agency shall poses; which was ordered to lie on the tablished under subsection (b)(2)(F), as avail-
publish a determination that the factors table; as follows: able.
under subparagraph (A) have been suffi- At the end of subtitle C of title III of divi- ‘‘(2) OWNERSHIP.—HA–LEU made available
ciently addressed and public participation sion D, add the following: under this subsection—
has occurred with regard to any authorizing SEC. 40324. HA–LEU FOR ADVANCED NUCLEAR ‘‘(A) shall remain the property of, and title
actions before issuing any mineral explo- REACTORS. shall remain with, the Department; and
ration or mine permit for a critical mineral Section 2001 of the Energy Act of 2020 (42 ‘‘(B) shall not be subject to the require-
project. U.S.C. 16281) is amended— ments of section 3112(d)(2) and 3113 of the
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5611
USEC Privatization Act (42 U.S.C. 2297h– ‘‘(A) to provide for the availability of HA– SEC. 40324. NATIONAL STRATEGIC URANIUM RE-
10(d)(2), 2297h–11). LEU enriched, deconverted, and fabricated in SERVE.
‘‘(3) QUANTITY.—In carrying out activities the United States; (a) DEFINITIONS.—In this section:
under this subsection, the Secretary, to the ‘‘(B) to address nuclear supply chain issues (1) URANIUM RESERVE.—The term ‘‘Uranium
maximum extent practicable, shall make in the United States; and Reserve’’ means the uranium reserve oper-
available— ‘‘(C) to support strategic nuclear fuel cycle ated pursuant to the program established
‘‘(A) by September 30, 2024, not less than 3 capabilities in the United States. under subsection (b).
metric tons of HA–LEU; and ‘‘(3) CONSIDERATIONS.—In carrying out the (2) SECRETARY.—The term ‘‘Secretary’’
‘‘(B) by December 31, 2025, not less than an program, the Secretary shall consider and, means the Secretary of Energy, acting
additional 15 metric tons of HA–LEU. as appropriate, execute— through the Under Secretary for Science and
‘‘(4) FACTORS FOR CONSIDERATION.—In car- ‘‘(A) options to establish, through a com- Energy.
rying out activities under this subsection, petitive process, a commercial HA–LEU pro- (b) ESTABLISHMENT.—Not later than 60 days
the Secretary shall take into consideration— duction capability of not less than 20 metric after the date of enactment of this Act, the
‘‘(A) options for providing HA–LEU from a tons of HA–LEU per year by— Secretary shall establish a program to oper-
stockpile of uranium owned by the Depart- ‘‘(i) December 31, 2026; or ate a uranium reserve comprised of uranium
ment (including the National Nuclear Secu- ‘‘(ii) the earliest operationally feasible recovered in the United States in accordance
rity Administration), including— date thereafter; with this section.
‘‘(i) fuel that— ‘‘(B) options that provide for an array of (c) PURPOSES.—The purposes of the Ura-
‘‘(I) directly meets the needs of the end- HA–LEU— nium Reserve are—
users described in paragraph (1); but ‘‘(i) enrichment levels; (1) to address domestic nuclear supply
‘‘(II) has been previously used or fabricated ‘‘(ii) output levels to meet demand; and chain issues;
for another purpose; ‘‘(iii) fuel forms; and (2) to provide assurance of the availability
‘‘(ii) fuel that can meet the needs of the ‘‘(C) options to establish, through a com- of uranium recovered in the United States in
end-users described in paragraph (1) after re- petitive process, a HA–LEU Bank— the event of a supply disruption; and
moving radioactive or other contaminants ‘‘(i) to replenish Department stockpiles of (3) to support strategic nuclear fuel cycle
that resulted from a previous use or fabrica- material used in carrying out activities capabilities in the United States.
tion of the fuel for research, development, under subsection (c); and (d) EXCLUSION.—The Secretary shall ex-
demonstration, or deployment activities of ‘‘(ii) after replenishing those stockpiles, to clude from the Uranium Reserve uranium
the Department (including activities of the make HA–LEU available to members of the that is recovered in the United States by an
National Nuclear Security Administration); consortium established under subsection entity that—
‘‘(iii) fuel from a high-enriched uranium (b)(2)(F). (1) is owned or controlled by the Govern-
stockpile, which can be blended with lower ‘‘(4) APPROPRIATIONS.—In addition to ment of the Russian Federation or the Gov-
assay uranium to become HA–LEU to meet amounts otherwise made available, there is ernment of the People’s Republic of China;
the needs of the end-users described in para- appropriated to the Secretary to carry out or
graph (1); and this subsection, out of any amounts in the (2) is organized under the laws of, or other-
Treasury not otherwise appropriated, wise subject to the jurisdiction of, the Rus-
‘‘(iv) fuel from uranium stockpiles in-
$150,000,000 for each of fiscal years 2022 sian Federation or the People’s Republic of
tended for other purposes, but for which ma-
through 2031. China.
terial could be swapped or replaced in time ‘‘(e) COST RECOVERY.—
in such a manner that would not negatively (e) APPROPRIATIONS.—In addition to
‘‘(1) IN GENERAL.—In carrying out activi- amounts otherwise made available, there is
impact the missions of the Department; ties under subsections (c) and (d), the Sec-
‘‘(B) options for providing HA–LEU from appropriated to the Secretary to carry out
retary shall ensure that any HA–LEU ac- this section, out of any amounts in the
domestically enriched HA–LEU procured by quired, provided, or made available under
the Department through a competitive proc- Treasury not otherwise appropriated,
those subsections for members of the consor- $150,000,000 for each of fiscal years 2022
ess pursuant to the HA–LEU Bank estab- tium established under subsection (b)(2)(F) is
lished under subsection (d)(3)(C); and through 2031.
subject to cost recovery in accordance with
‘‘(C) options to replenish, as needed, De- subsection (b)(2)(G).
partment stockpiles of uranium made avail- SA 2199. Mr. BARRASSO submitted
‘‘(2) AVAILABILITY OF CERTAIN FUNDS.—Not-
able pursuant to subparagraph (A) with do- withstanding section 3302 of title 31, United
an amendment intended to be proposed
mestically enriched HA–LEU procured by the States Code, revenues received from the sale to amendment SA 2137 proposed by Mr.
Department through a competitive process or transfer of fuel feed material and other SCHUMER (for Ms. SINEMA (for herself,
pursuant to the HA–LEU Bank established activities related to making HA–LEU avail- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
under subsection (d)(3)(C). able pursuant to this section— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
‘‘(5) LIMITATION.—The Secretary shall not ‘‘(A) shall be available to the Department TESTER, Ms. MURKOWSKI, Mr. WARNER,
barter or otherwise sell or transfer uranium for carrying out the purposes of this section,
in any form in exchange for services relating and Mr. ROMNEY)) to the bill H.R. 3684,
to reduce the need for further appropriations
to— to authorize funds for Federal-aid high-
for those purposes; and
‘‘(A) the final disposition of radioactive ‘‘(B) shall remain available until expended. ways, highway safety programs, and
waste from uranium that is the subject of a ‘‘(f) EXCLUSION.—In carrying out activities transit programs, and for other pur-
contract for sale, resale, transfer, or lease under this section, the Secretary shall not poses; which was ordered to lie on the
under this subsection; or make available, or provide funding for, ura- table; as follows:
‘‘(B) environmental cleanup activities. nium that is recovered, downblended, con- Strike section 40106 of title I of division D.
‘‘(6) APPROPRIATIONS.—In addition to verted, or enriched by an entity that—
amounts otherwise made available, there is ‘‘(1) is owned or controlled by the Govern-
appropriated to the Secretary to carry out
SA 2200. Mr. BARRASSO submitted
ment of the Russian Federation or the Gov-
this subsection, out of any amounts in the ernment of the People’s Republic of China;
an amendment intended to be proposed
Treasury not otherwise appropriated, or to amendment SA 2137 proposed by Mr.
$200,000,000 for each of fiscal years 2022 ‘‘(2) is organized under the laws of, or oth- SCHUMER (for Ms. SINEMA (for herself,
through 2026. erwise subject to the jurisdiction of, the Rus- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
‘‘(7) SUNSET.—The authority of the Sec- sian Federation or the People’s Republic of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
retary to carry out activities under this sub- China.’’. TESTER, Ms. MURKOWSKI, Mr. WARNER,
section shall terminate on the earlier of— and Mr. ROMNEY)) to the bill H.R. 3684,
‘‘(A) September 30, 2027; and SA 2198. Mr. BARRASSO submitted
to authorize funds for Federal-aid high-
‘‘(B) the date on which the HA–LEU needs an amendment intended to be proposed
of the end-users described in paragraph (1) to amendment SA 2137 proposed by Mr. ways, highway safety programs, and
can be fully met by commercial enrichers in SCHUMER (for Ms. SINEMA (for herself, transit programs, and for other pur-
the United States. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- poses; which was ordered to lie on the
‘‘(d) COMMERCIAL HA–LEU AVAILABILITY.— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
table; as follows:
‘‘(1) ESTABLISHMENT.—Not later than 180 TESTER, Ms. MURKOWSKI, Mr. WARNER, In section 40106(j) of title I of division D,
days after the date of enactment of the In- add at the end the following:
SSpencer on DSK126QN23PROD with SENATE
and Mr. ROMNEY)) to the bill H.R. 3684,
frastructure Investment and Jobs Act, the (9) GENERATION SUBSIDY PROHIBITED.—In
to authorize funds for Federal-aid high-
Secretary shall establish a program (referred administering the program, the Secretary
to in this subsection as the ‘program’) to ac- ways, highway safety programs, and shall ensure, through the issuance of rules
celerate the availability of commercially transit programs, and for other pur- and the adoption of practices and by other
produced HA–LEU in the United States in poses; which was ordered to lie on the means, and shall certify in connection with
accordance with this subsection. table; as follows: any financial commitment under the pro-
‘‘(2) PURPOSES.—The purposes of the pro- At the end of subtitle C of title III of divi- gram, that the benefits of the program, in-
gram are— sion D, add the following: cluding any savings in transmission costs, to
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S5612 CONGRESSIONAL RECORD — SENATE August 2, 2021
any transmission provider or transmission to amendment SA 2137 proposed by Mr. and Mr. ROMNEY)) to the bill H.R. 3684,
customer do not constitute a subsidy for SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high-
electric generation of any form. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ways, highway safety programs, and
SA 2201. Mr. BARRASSO submitted SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. transit programs, and for other pur-
an amendment intended to be proposed TESTER, Ms. MURKOWSKI, Mr. WARNER, poses; which was ordered to lie on the
to amendment SA 2137 proposed by Mr. and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows:
SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high- At the end of title VIII of division D, add
ways, highway safety programs, and the following:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
transit programs, and for other pur- SEC. 408lll. DETECTION, IDENTIFICATION,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. AND MITIGATION OF TREE SPIKING
TESTER, Ms. MURKOWSKI, Mr. WARNER, poses; which was ordered to lie on the DEVICES ON FEDERAL LAND.
and Mr. ROMNEY)) to the bill H.R. 3684, table; as follows: (a) SHORT TITLE.—This section may be
to authorize funds for Federal-aid high- At the end of title II of division D, add the cited as the ‘‘Tree Spiking Mitigation Act’’.
ways, highway safety programs, and following: (b) DEFINITIONS.—In this section:
(1) FEDERAL LAND.—The term ‘‘Federal
transit programs, and for other pur- SEC. 402ll. DEFINITION OF CRITICAL MINERAL.
Section 7002(a)(3)(B) of the Energy Act of land’’ means—
poses; which was ordered to lie on the (A) National Forest System land; and
table; as follows: 2020 (30 U.S.C. 1606(a)(3)(B)) is amended by
(B) land under the jurisdiction of the Sec-
In section 40106(d)(4) of title I of division D, striking clause (i) and inserting the fol-
retary of the Interior, acting through the Di-
strike subparagraph (B). lowing:
rector of the Bureau of Land Management.
In section 40106(d)(4) of title I of division D, ‘‘(i) fuel minerals (other than fuel minerals
(2) SECRETARIES.—The term ‘‘Secretaries’’
redesignate subparagraph (C) as subpara- that have 1 or more non-fuel uses that are
means each of—
graph (B). essential to economic and national secu-
(A) the Secretary of Agriculture, acting
rity);’’.
through the Chief of the Forest Service; and
SA 2202. Mr. BARRASSO submitted (B) the Secretary of the Interior, acting
an amendment intended to be proposed SA 2205. Mr. BARRASSO submitted through the Director of the Bureau of Land
to amendment SA 2137 proposed by Mr. an amendment intended to be proposed Management.
SCHUMER (for Ms. SINEMA (for herself, to amendment SA 2137 proposed by Mr. (3) TREE SPIKING DEVICE.—The term ‘‘tree
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SCHUMER (for Ms. SINEMA (for herself, spiking device’’ means any tree spiking de-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- vice described in section 1864(d)(3) of title 18,
TESTER, Ms. MURKOWSKI, Mr. WARNER, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. United States Code.
(c) AUTHORIZED ACTIVITIES.—
and Mr. ROMNEY)) to the bill H.R. 3684, TESTER, Ms. MURKOWSKI, Mr. WARNER,
(1) IN GENERAL.—The Secretaries, acting in
to authorize funds for Federal-aid high- and Mr. ROMNEY)) to the bill H.R. 3684, coordination, shall take necessary actions to
ways, highway safety programs, and to authorize funds for Federal-aid high- ensure the detection, identification, and, as
transit programs, and for other pur- ways, highway safety programs, and the Secretaries determine to be appropriate,
poses; which was ordered to lie on the transit programs, and for other pur- mitigation of tree spiking devices located on
table; as follows: poses; which was ordered to lie on the Federal land.
In section 40106(d)(4) of title I of division D, table; as follows: (2) PRIORITIZATION.—For purposes of car-
strike subparagraph (B). rying out activities under paragraph (1), the
In section 40904(a)(1)(A) of division D,
In section 40106(d)(4) of title I of division D, Secretaries shall prioritize areas in which—
strike ‘‘1915’’ and insert ‘‘1917’’.
redesignate subparagraph (C) as subpara- (A) incidences of tree spiking devices have
In section 40904(a)(1)(B) of division D,
graph (B). occurred; or
strike ‘‘2-year period’’ and insert ‘‘3-year pe-
In section 40106(j) of title I of division D, (B) the Secretaries suspect that there are
add at the end the following: riod’’.
tree spiking devices.
(9) GENERATION SUBSIDY PROHIBITED.—In (3) MEMORANDA OF UNDERSTANDING.—The
administering the program, the Secretary SA 2206. Mr. WICKER (for himself,
Secretaries may enter into memoranda of
shall ensure, through the issuance of rules Ms. STABENOW, Mr. INHOFE, and Mr. understanding for carrying out activities on
and the adoption of practices and by other CORNYN) submitted an amendment in- Federal land under this subsection.
means, and shall certify in connection with tended to be proposed to amendment (4) USE OF EXISTING FUNDS.—Of amounts
any financial commitment under the pro- SA 2137 proposed by Mr. SCHUMER (for made available for the Office of the Sec-
gram, that the benefits of the program, in- Ms. SINEMA (for herself, Mr. PORTMAN, retary of the Interior and the Office of the
cluding any savings in transmission costs, to Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- Secretary of Agriculture that are not other-
any transmission provider or transmission wise obligated (including amounts made
HEEN, Ms. COLLINS, Mr. TESTER, Ms.
customer do not constitute a subsidy for available under this Act), the Secretaries
electric generation of any form. MURKOWSKI, Mr. WARNER, and Mr. ROM-
shall use to carry out this subsection
NEY)) to the bill H.R. 3684, to authorize
$10,000,000, to remain available until Sep-
SA 2203. Mr. BARRASSO submitted funds for Federal-aid highways, high- tember 30, 2026.
an amendment intended to be proposed way safety programs, and transit pro- (d) UPDATES TO SAFETY GUIDELINES AND
to amendment SA 2137 proposed by Mr. grams, and for other purposes; which TRAINING PROTOCOLS.—Not later than 90 days
SCHUMER (for Ms. SINEMA (for herself, was ordered to lie on the table; as fol- after the date of enactment of this Act, the
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- lows: Secretaries shall, where appropriate, update
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
safety guidelines and training protocols to
On page 331, strike lines 8 through 13 and include the awareness, detection, identifica-
TESTER, Ms. MURKOWSKI, Mr. WARNER, insert the following: tion, and mitigation of tree spiking devices.
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(L) a project described in section 149(b)(5)
to authorize funds for Federal-aid high- that does not result in the construction of SA 2208. Mrs. GILLIBRAND sub-
ways, highway safety programs, and new capacity; mitted an amendment intended to be
transit programs, and for other pur- ‘‘(M) a project that reduces transportation proposed to amendment SA 2137 pro-
poses; which was ordered to lie on the emissions at port facilities, including
posed by Mr. SCHUMER (for Ms. SINEMA
through the advancement of port electrifica-
table; as follows: (for herself, Mr. PORTMAN, Mr.
tion; and
At the end of the amendment, add the fol- ‘‘(N) a project that uses pavement tech- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
lowing: nologies, including designs, materials, and Ms. COLLINS, Mr. TESTER, Ms. MUR-
DIVISION K—POLITICAL INFLUENCE IN practices, that reduce carbon emissions and KOWSKI, Mr. WARNER, and Mr. ROMNEY))
AWARDS transportation emissions, as established by to the bill H.R. 3684, to authorize funds
SEC. lll01. POLITICAL INFLUENCE IN AWARDS. the Federal Highway Administration in pol- for Federal-aid highways, highway
For each recipient of Federal funding icy guidance consistent with subsection safety programs, and transit programs,
under a division of this Act or an amend- (d)(2)(B)(iii). and for other purposes; which was or-
SSpencer on DSK126QN23PROD with SENATE
ment made by a division of this Act, includ-
dered to lie on the table; as follows:
ing a grant, loan guarantee, loan, or other SA 2207. Mr. BARRASSO submitted
award, the head of the agency or Department At the end of division G, add the following:
an amendment intended to be proposed
awarding the funding shall certify that polit- TITLE XII—PEAKER PLANTS
to amendment SA 2137 proposed by Mr.
ical influence did not impact the selection of SEC. 71201. SHORT TITLE.
the recipient. SCHUMER (for Ms. SINEMA (for herself, This title may be cited as the ‘‘Promoting
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Energy Alternatives is Key to Emission Re-
SA 2204. Mr. BARRASSO submitted SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ductions Act of 2021’’ or the ‘‘PEAKER Act of
an amendment intended to be proposed TESTER, Ms. MURKOWSKI, Mr. WARNER, 2021’’.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5613
SEC. 71202. DEFINITIONS. (C) identifies— ‘‘(I)(aa) sold by the taxpayer to an unre-
In this title: (i) the total number of hours that the lated person, or
(1) APPROPRIATE COMMITTEES OF CON- peaker plant generates electricity during the ‘‘(bb) in the case of a facility which is
GRESS.—The term ‘‘appropriate committees year covered by the report; equipped with a metering device which is
of Congress’’ means— (ii) the capacity factor of the plant; owned and operated by an unrelated person,
(A) the Committee on Finance of the Sen- (iii) the average number of hours that the sold or consumed by the taxpayer, and
ate; peaker plant generates electricity each time ‘‘(II) at a minimum, discharged at such
(B) the Committee on Energy and Natural that the peaker plant generates electricity; times as a peaker plant within the same
Resources of the Senate; and electrical grid load zone would operate to
(C) the Committee on Environment and (iv) the percentage of the total number of meet peak electricity demand (as determined
Public Works of the Senate; instances in which the peaker plant is start- by the grid operator for such electrical grid),
(D) the Committee on Ways and Means of ed that result in the peaker plant generating and
the House of Representatives; and electricity for— ‘‘(iii) which is placed in service—
(E) the Committee on Energy and Com- (I) not less than 4 hours; ‘‘(I) in a disadvantaged community which
merce of the House of Representatives. (II) not less than 8 hours; and is located within—
(2) DISADVANTAGED COMMUNITY.—The term (III) not less than 12 hours; and ‘‘(aa) the same census tract as a peaker
‘‘disadvantaged community’’ means a com- (D) identifies, for each day on which the 3 plant, or
munity that— air monitors closest to the peaker plant indi- ‘‘(bb) a census tract that is adjacent to a
(A) is located in an area with a high con- cate that Federal ozone or particulate mat- census tract in which a peaker plant is lo-
centration of individuals who— ter standards have been exceeded, the per- cated, and
(i) are members of low- and moderate-in- centage of peak demand met by the peaker ‘‘(II) after December 31, 2021.
come households (as defined in section 570.3 plant for the electrical grid load zone served ‘‘(B) SPECIAL RULE.—For purposes of this
of title 24, Code of Federal Regulations (or a by the peaker plant. paragraph, a facility shall not be deemed to
successor regulation)); (b) COMMUNITY ENGAGEMENT.—In preparing be a qualified renewable energy facility un-
(ii) experience high levels of unemploy- a report under subsection (a), the Secretary less the taxpayer demonstrates, to the satis-
ment; shall initiate and carry out public engage- faction of the Secretary, that—
(iii) face a high rent burden; ment with residents and stakeholders from ‘‘(i) the property described in clause (i) of
(iv) face a high energy burden; disadvantaged communities containing a subparagraph (A) is co-located with property
(v) have low levels of home ownership; peaker plant. described in clause (ii) of such subparagraph,
(vi) have low levels of educational attain- ‘‘(ii) such taxpayer has, with respect to the
SEC. 71204. CREDIT FOR GENERATION AND STOR-
ment; or AGE OF ENERGY FROM RENEWABLE property described in clause (ii) of such sub-
(vii) are members of groups that have his- SOURCES. paragraph, entered into a contract which en-
torically experienced discrimination on the sures that such property operates primarily
(a) IN GENERAL.—Subpart E of part IV of
basis of race or ethnicity; to receive, store, and deliver electricity from
subchapter A of chapter 1 of the Internal
(B) is burdened by high cumulative envi- any property described in clause (i) of such
Revenue Code of 1986 is amended by inserting
ronmental pollution or other hazards that subparagraph, or
after section 48C the following new section:
can lead to negative public health effects; or ‘‘(iii) the property described in clause (ii)
‘‘SEC. 48D. RENEWABLE ENERGY GENERATION
(C) is determined to be a disadvantaged of such subparagraph receives electricity
AND STORAGE CREDIT.
community, an environmental justice com- during periods of typically high production
munity, a climate-burdened community, or ‘‘(a) IN GENERAL.—For purposes of section
46, the renewable energy generation and of electricity, as a percentage of the grid
an otherwise similarly vulnerable commu- generation mix, from sources described in
nity pursuant to any Federal or State-level storage credit for any taxable year is an
amount equal to 10 percent of the qualified clause (i) of such subparagraph, as deter-
initiative, including any relevant mapping mined by the grid operator for the electrical
initiative. investment for such taxable year with re-
spect to any qualified renewable energy fa- grid.
(3) HIGH ENERGY BURDEN.—The term ‘‘high ‘‘(c) CERTAIN PROGRESS EXPENDITURE
energy burden’’ means, with respect to a cility.
‘‘(b) QUALIFIED INVESTMENT WITH RESPECT RULES MADE APPLICABLE.—Rules similar to
household, expenditure of the household on the rules of subsections (c)(4) and (d) of sec-
TO QUALIFIED RENEWABLE ENERGY FACILI-
residential energy costs that equals 6 per- tion 46 (as in effect on the day before the
TIES.—
cent or more of the household income. date of the enactment of the Revenue Rec-
(4) PEAKER PLANT.—The term ‘‘peaker ‘‘(1) IN GENERAL.—For purposes of sub-
section (a), the qualified investment with re- onciliation Act of 1990) shall apply for pur-
plant’’ means a fossil fuel-fired power plant poses of subsection (a).
or unit of a power plant that is run primarily spect to a qualified renewable energy facility
for any taxable year is the basis of any quali- ‘‘(d) DEFINITIONS.—The terms ‘disadvan-
to meet peak electricity demand, as deter- taged community’ and ‘peaker plant’ have
mined by the Secretary, in coordination with fied property placed in service by the tax-
payer during such taxable year which is part the same meanings given such term under
the Administrator of the Environmental section 71202 of the PEAKER Act of 2021.’’.
Protection Agency and the applicable local of a qualified renewable energy facility.
‘‘(2) QUALIFIED PROPERTY.—For purposes of (b) CONFORMING AMENDMENTS.—
electrical grid operator. (1) Section 46 of the Internal Revenue Code
(5) SECRETARY.—The term ‘‘Secretary’’ this subsection, the term ‘qualified property’
means property— of 1986 is amended—
means the Secretary of Energy. (A) by striking ‘‘and’’ at the end of para-
SEC. 71203. ANNUAL REPORT ON PEAKER PLANTS
‘‘(A) which is—
‘‘(i) tangible personal property, or graph (5);
IN THE UNITED STATES.
‘‘(ii) other tangible property (not including (B) by striking the period at the end of
(a) IN GENERAL.—Not later than 180 days
a building or its structural components), but paragraph (6) and inserting ‘‘, and’’; and
after the date of enactment of this Act, and
only if such property is used as an integral (C) by adding at the end the following new
annually thereafter, the Secretary, in co-
part of the qualified renewable energy facil- paragraph:
ordination with the Administrator of the En-
ity, ‘‘(7) the renewable energy generation and
vironmental Protection Agency, the White
House Environmental Justice Advisory ‘‘(B) with respect to which depreciation (or storage credit.’’.
Council, the White House Environmental amortization in lieu of depreciation) is al- (2) Section 49(a)(1)(C) of such Code is
Justice Interagency Council, the Council on lowable, amended—
Environmental Quality, and any other rel- ‘‘(C) which is constructed, reconstructed, (A) by striking ‘‘and’’ at the end of clause
evant Federal entity that the Secretary de- erected, installed, or acquired by the tax- (iv);
termines to be appropriate, shall submit to payer, and (B) by striking the period at the end of
the appropriate committees of Congress a re- ‘‘(D) the original use of which commences clause (v) and inserting ‘‘, and’’; and
port that— with the taxpayer. (C) by adding at the end the following new
(1) identifies each peaker plant in the ‘‘(3) QUALIFIED RENEWABLE ENERGY FACIL- clause:
United States; and ITY.— ‘‘(vi) the basis of any qualified property
(2) for each peaker plant identified under ‘‘(A) IN GENERAL.—Subject to subparagraph which is part of a qualified renewable energy
paragraph (1)— (B), the term ‘qualified renewable energy fa- facility under section 48D.’’.
(A) describes the location of the peaker cility’ means a facility which— (3) Section 50(a)(2)(E) of such Code is
plant and related socioeconomic and demo- ‘‘(i) uses solar, wind, low-impact hydro- amended by striking ‘‘or 48C(b)(2)’’ and in-
SSpencer on DSK126QN23PROD with SENATE
graphic data for that location, including electric (as certified by the Low Impact Hy- serting ‘‘48C(b)(2), or 48D(c)’’.
whether the peaker plant is located in or ad- dropower Institute), geothermal, tidal, or (4) The table of sections for subpart E of
jacent to a disadvantaged community; wave energy to generate electricity which part IV of subchapter A of chapter 1 of such
(B) evaluates the quantity of carbon diox- will be received and stored by property de- Code is amended by inserting after the item
ide, nitric oxides, sulfur oxides, fine particu- scribed in clause (ii), relating to section 48C the following new
late matter (PM2.5), and methane emitted per ‘‘(ii) contains property which receives, item:
unit of electricity generated by the peaker stores, and delivers electricity described in ‘‘48D. Renewable energy generation and stor-
plant; clause (i), provided that such electricity is— age credit.’’.
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S5614 CONGRESSIONAL RECORD — SENATE August 2, 2021
(c) EFFECTIVE DATE.—The amendments (A) generates renewable energy; and (g) COST SHARING.—
made by this subsection shall apply to prop- (B)(i) is colocated with a qualifying energy (1) IN GENERAL.—Except as provided in
erty placed in service after December 31, storage facility; or paragraph (2), with respect to each project
2020, under rules similar to the rules of sec- (ii) has entered into a contract described in described in paragraph (1) or (2) of subsection
tion 48(m) of the Internal Revenue Code of paragraph (6)(B) with 1 or more qualifying (b) for which a grant is provided under the
1986 (as in effect on the day before the date energy storage facilities. program, the maximum amount provided for
of the enactment of the Revenue Reconcili- (8) RENEWABLE ENERGY.—The term ‘‘renew- the project under the program shall not ex-
ation Act of 1990). able energy’’ means electricity that is gen- ceed 60 percent of the total cost incurred by
SEC. 71205. RENEWABLE ENERGY GRANT PRO- erated by or derived from, as applicable— the applicable eligible entity for, as applica-
GRAM. (A) a low-impact hydroelectric facility cer- ble—
(a) DEFINITIONS.—In this section: tified by the Low Impact Hydropower Insti- (A) the construction, reconstruction, erec-
(1) ELIGIBLE ENTITY.—The term ‘‘eligible tute; tion, installation, or acquisition of the appli-
entity’’ means each of the following: (B) solar energy; cable qualifying renewable energy facility or
(A) A unit of State or local government. (C) wind energy; qualifying energy storage facility; or
(B) A tax-exempt nonprofit organization. (D) geothermal energy; (B) the implementation of the applicable
(C) A community-owned energy generation (E) tidal energy; or qualifying community energy proposal.
facility or energy storage facility located in (F) wave energy. (2) LOCAL, COMMUNITY-BASED ORGANIZA-
a disadvantaged community. (b) ESTABLISHMENT.—Not later than 1 year TIONS AND ENERGY COOPERATIVES.—With re-
(D) A community-based energy cooperative after the date of enactment of this Act, the spect to a project described in paragraph (1)
or a similar group of individuals within a Secretary shall establish a grant program to that is carried out by, or for which an appli-
community who are pursuing an eligible assist eligible entities in— cation is submitted by, a local, community-
project described in subsection (d). (1) carrying out projects for the construc- based organization or an energy cooperative,
(E) A partnership between— tion, reconstruction, erection, installation, the maximum amount provided for the
(i) 1 or more of the entities described in or acquisition of qualifying renewable en- project under the program shall not exceed
subparagraphs (A) through (D); and ergy facilities and qualifying energy storage 80 percent of the total cost incurred by the
(ii)(I) an electric utility; or facilities; local, community-based organization or en-
(II) a private entity. (2) carrying out projects for the implemen-
ergy cooperative for the activities described
(2) ENERGY STORAGE FACILITY.—The term tation of qualifying community energy pro-
in subparagraph (A) or (B) of that paragraph,
‘‘energy storage facility’’ means a facility posals; and
as applicable.
that receives, stores, and delivers elec- (3) developing and carrying out qualifying (h) COMMUNITY ENGAGEMENT.—In carrying
tricity. community energy studies. out this section, the Secretary shall initiate
(3) PROGRAM.—The term ‘‘program’’ means (c) APPLICATIONS.—To be eligible to receive
a grant under the program, an eligible entity and carry out public engagement, particu-
the grant program established under sub-
shall submit to the Secretary an application larly with residents and stakeholders from
section (b).
at such time, in such manner, and con- disadvantaged communities and commu-
(4) QUALIFYING COMMUNITY ENERGY PRO-
taining such information as the Secretary nities in or adjacent to areas with existing
POSAL.—The term ‘‘qualifying community
may require. peaker plants identified in a report under
energy proposal’’ means a proposal to deploy
(d) ELIGIBLE PROJECTS AND QUALIFYING section 71203(a), to ensure that—
and implement renewable energy generation,
COMMUNITY ENERGY STUDIES.—The Secretary (1)(A) the public has input into the formu-
energy storage technology, energy efficiency
may provide a grant under the program for— lation of the program; and
upgrades, energy demand management strat-
egies, or distributed renewable energy re- (1) a project described in subsection (b)(1) (B) based on that input, the program best
sources that a qualifying community energy only if each qualifying renewable energy fa- addresses the needs and circumstances of dis-
study determines can reduce the runtime of cility and qualifying energy storage facility advantaged communities; and
an existing or planned peaker plant or other- to be constructed, reconstructed, erected, in- (2) the public has information relating to
wise reduce or replace the need for an exist- stalled, or acquired pursuant to the project the program, including—
ing or planned peaker plant. will— (A) the benefits of, and opportunities for,
(5) QUALIFYING COMMUNITY ENERGY STUDY.— (A) be located in, or provide a direct and eligible projects under the program; and
The term ‘‘qualifying community energy significant benefit to, a disadvantaged com- (B) the ways in which disadvantaged com-
study’’ means a study or assessment that— munity that is located within— munities can best use the program to address
(A) seeks to identify clean energy strate- (i) the same census tract as an existing or the clean energy goals of those disadvan-
gies to reduce the runtime of an existing or planned peaker plant; or taged communities.
planned peaker plant or otherwise reduce or (ii) a census tract that is adjacent to a cen- (i) AUTHORIZATION OF APPROPRIATIONS.—
replace the need for an existing or planned sus tract in which an existing or planned There is authorized to be appropriated to the
peaker plant, including strategies that in- peaker plant is or will be located; and Secretary to carry out the program not more
volve— (B) at a minimum, discharge electricity at than $1,000,000,000 for each of fiscal years 2022
(i) renewable energy generation; such times as a peaker plant within the same through 2032.
electrical grid load zone would operate to ---
(ii) energy storage technology;
(iii) energy efficiency upgrades; meet peak electricity demand, as determined SA 2209. Mr. CORNYN (for himself
(iv) energy demand management strate- by the operator of the applicable electrical and Mr. LEAHY) submitted an amend-
gies; or grid; ment intended to be proposed to
(v) distributed renewable energy deploy- (2) a project described in subsection (b)(2) amendment SA 2137 proposed by Mr.
only if the qualifying community energy
ment; and SCHUMER (for Ms. SINEMA (for herself,
(B) is led by or performed in partnership proposal to be implemented pursuant to the
project will be implemented in, or provide a Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
with the communities directly impacted by SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
pollution from a peaker plant that is located direct and significant benefit to, a disadvan-
taged community that is located within a TESTER, Ms. MURKOWSKI, Mr. WARNER,
within the same or an adjacent census tract.
(6) QUALIFYING ENERGY STORAGE FACILITY.—
census tract described in clause (i) or (ii) of and Mr. ROMNEY)) to the bill H.R. 3684,
paragraph (1)(A); and to authorize funds for Federal-aid high-
The term ‘‘qualifying energy storage facil-
(3) the development and carrying out of a ways, highway safety programs, and
ity’’ means an energy storage facility that—
qualifying community energy study only if transit programs, and for other pur-
(A) is colocated with a qualifying renew-
the qualifying community energy study will
able energy facility and operates primarily
provide for engagement with, and incor- poses; which was ordered to lie on the
to receive, store, and deliver renewable en- table; as follows:
porate feedback from, each disadvantaged
ergy generated by that qualifying renewable At the end of title VI of division G, insert
community that is located within a census
energy facility; the following:
tract described in clause (i) or (ii) of para-
(B) has entered into a contract with 1 or
graph (1)(A). Subtitle C—National Cybersecurity
more qualifying renewable energy facilities (e) TECHNICAL ASSISTANCE GRANTS.—The
such that the energy storage system oper- Preparedness Consortium Act
Secretary may use amounts appropriated SEC. 70621. SHORT TITLE.
ates primarily to receive, store, and deliver under subsection (i) to provide grants to eli-
renewable energy generated by those quali- This subtitle may be cited as the ‘‘Na-
gible entities for the cost of acquiring tech-
fying renewable energy facilities; or tional Cybersecurity Preparedness Consor-
SSpencer on DSK126QN23PROD with SENATE
nical assistance for the preparation and sub-
(C) receives electricity during periods of mission of an application under subsection tium Act of 2021’’.
typically high production of renewable en- (c). SEC. 70622. DEFINITIONS.
ergy (as a percentage of the grid generation (f) PRIORITY FOR CERTAIN ELIGIBLE ENTI- In this subtitle—
mix), as determined by the operator of the TIES.—In evaluating applications submitted (1) the term ‘‘consortium’’ means a group
applicable electrical grid. by eligible entities described in subsection primarily composed of nonprofit entities, in-
(7) QUALIFYING RENEWABLE ENERGY FACIL- (a)(1)(B), the Secretary shall give priority to cluding academic institutions, that develop,
ITY.—The term ‘‘qualifying renewable energy applications submitted by local, community- update, and deliver cybersecurity training in
facility’’ means a facility that— based organizations or energy cooperatives. support of homeland security;
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5615
(2) the terms ‘‘cybersecurity risk’’ and ‘‘in- SA 2210. Mr. KENNEDY submitted an for Federal-aid highways, highway
cident’’ have the meanings given those terms amendment intended to be proposed to safety programs, and transit programs,
in section 2209(a) of the Homeland Security amendment SA 2137 proposed by Mr. and for other purposes; which was or-
Act of 2002 (6 U.S.C. 659(a));
SCHUMER (for Ms. SINEMA (for herself, dered to lie on the table; as follows:
(3) the term ‘‘Department’’ means the De-
partment of Homeland Security; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Strike section 23022.
(4) the term ‘‘Secretary’’ means the Sec- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
retary of Homeland Security. TESTER, Ms. MURKOWSKI, Mr. WARNER, SA 2213. Mr. BLUMENTHAL (for
SEC. 70623.
NATIONAL CYBERSECURITY PRE- and Mr. ROMNEY)) to the bill H.R. 3684, himself and Mr. MARKEY) submitted an
PAREDNESS CONSORTIUM. to authorize funds for Federal-aid high- amendment intended to be proposed to
(a) IN GENERAL.—The Secretary may work ways, highway safety programs, and amendment SA 2137 proposed by Mr.
with a consortium to support efforts to ad- transit programs, and for other pur- SCHUMER (for Ms. SINEMA (for herself,
dress cybersecurity risks and incidents. poses; which was ordered to lie on the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(b) ASSISTANCE TO THE NCCIC.—The Sec- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
retary may work with a consortium to assist
table; as follows:
At the end of division I, add the following: TESTER, Ms. MURKOWSKI, Mr. WARNER,
the national cybersecurity and communica-
tions integration center of the Department SEC. 90009. EMERGENCY ASSISTANCE THROUGH and Mr. ROMNEY)) to the bill H.R. 3684,
(established under section 2209 of the Home- THE COMMUNITY DEVELOPMENT to authorize funds for Federal-aid high-
BLOCK GRANT PROGRAM. ways, highway safety programs, and
land Security Act of 2002 (6 U.S.C. 659)) to—
(1) provide training to State and local first (a) IN GENERAL.—In addition to amounts transit programs, and for other pur-
otherwise appropriated, out of any money in
responders and officials specifically for pre- poses; which was ordered to lie on the
paring for and responding to cybersecurity the Treasury of the United States not other-
wise appropriated, there is appropriated to table; as follows:
risks and incidents, in accordance with ap- Strike section 24205 and insert the fol-
plicable law; the ‘‘Community Development Fund’’, for
necessary expenses related to disaster relief, lowing:
(2) develop and update a curriculum uti-
long-term recovery, and restoration of infra- SEC. 24205. RULEMAKING TO INSTALL AUTO-
lizing existing programs and models in ac- MATIC SHUTOFF SYSTEMS AND
cordance with such section 2209, for State structure, housing, and economic revitaliza-
ROLLAWAY PREVENTION TECH-
and local first responders and officials, re- tion in areas in States for which the Presi-
NOLOGY IN MOTOR VEHICLES.
lated to cybersecurity risks and incidents; dent declared a major disaster under title IV
of the Robert T. Stafford Disaster Relief and (a) DEFINITIONS.—In this section:
(3) provide technical assistance services to (1) ELECTRIC VEHICLE.—
build and sustain capabilities in support of Emergency Assistance Act of 1974 (42 U.S.C.
5170 et seq.) related to Hurricanes Laura, (A) IN GENERAL.—The term ‘‘electric vehi-
preparedness for and response to cybersecu- cle’’ means a vehicle that—
rity risks and incidents, including threats of Delta, and Zeta, $1,100,000,000, to remain
available until expended, for activities au- (i) does not include an engine; and
terrorism and acts of terrorism, in accord- (ii) is powered solely by an external source
ance with such section 2209; thorized under title I of the Housing and
Community Development Act of 1974 (42 of electricity, solar power, or both.
(4) conduct cross-sector cybersecurity (B) EXCLUSION.—The term ‘‘electric vehi-
training and simulation exercises for enti- U.S.C. 5301 et seq.).
(b) DEPOSIT OF C-BAND SPECTRUM AUCTION cle’’ does not include an electric hybrid vehi-
ties, including State and local governments, cle that uses a chemical fuel, such as gaso-
critical infrastructure owners and operators, PROCEEDS IN TREASURY.—Section 309(j)(8) of
the Communications Act of 1934 (47 U.S.C. line or diesel fuel.
and private industry, to encourage commu- (2) KEY.—The term ‘‘key’’ has the meaning
nity-wide coordination in defending against 309(j)(8)) is amended—
(1) in subparagraph (A), by striking ‘‘and given the term in section 571.114 of title 49,
and responding to cybersecurity risks and in- Code of Federal Regulations (or a successor
cidents, in accordance with section 2210(c) of (G)’’ and inserting ‘‘(G), and (H)’’;
(2) in subparagraph (C)(i), by striking ‘‘and regulation).
the Homeland Security Act of 2002 (6 U.S.C. (3) MANUFACTURER.—The term ‘‘manufac-
660(c)); (G)’’ and inserting ‘‘(G), and (H)’’; and
(3) by adding at the end the following: turer’’ has the meaning given the term in
(5) help States and communities develop section 30102(a) of title 49, United States
cybersecurity information sharing programs, ‘‘(H) C-BAND AUCTION PROCEEDS.—Notwith-
standing subparagraph (A), and except as Code.
in accordance with section 2209 of the Home- (4) MOTOR VEHICLE.—
land Security Act of 2002 (6 U.S.C. 659), for provided in subparagraph (B), of the proceeds
(including deposits and upfront payments (A) IN GENERAL.—The term ‘‘motor vehi-
the dissemination of homeland security in- cle’’ has the meaning given the term in sec-
formation related to cybersecurity risks and from successful bidders) from the use of a
system of competitive bidding under this tion 30102(a) of title 49, United States Code.
incidents; and (B) EXCLUSIONS.—The term ‘‘motor vehi-
(6) help incorporate cybersecurity risk and subsection to award licenses in the band of
frequencies between 3700 megahertz and 3980 cle’’ does not include—
incident prevention and response into exist- (i) a motorcycle or trailer (as those terms
ing State and local emergency plans, includ- megahertz (designated by the Commission as
‘Auction 107’), $1,100,000,000 shall be deposited are defined in section 571.3 of title 49, Code of
ing continuity of operations plans. Federal Regulations) (or a successor regula-
(c) CONSIDERATIONS REGARDING SELECTION in the general fund of the Treasury and used
for emergency assistance under section tion);
OF A CONSORTIUM.—In selecting a consortium (ii) any motor vehicle with a gross vehicle
with which to work under this subtitle, the 90009(a) of the Infrastructure Investment and
Jobs Act.’’. weight rating of more than 10,000 pounds; or
Secretary shall take into consideration the (iii) for purposes of subsection (b), a bat-
following: tery electric vehicle.
(1) Any prior experience conducting cyber-
SA 2211. Mr. BLUMENTHAL sub-
(b) AUTOMATIC SHUTOFF SYSTEMS FOR
security training and exercises for State and mitted an amendment intended to be
MOTOR VEHICLES.—
local entities. proposed to amendment SA 2137 pro- (1) FINAL RULE.—
(2) Geographic diversity of the members of posed by Mr. SCHUMER (for Ms. SINEMA (A) IN GENERAL.—Not later than 2 years
any such consortium so as to cover different (for herself, Mr. PORTMAN, Mr. after the date of enactment of this Act, the
regions throughout the United States. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Secretary shall issue a final rule amending
(d) METRICS.—If the Secretary works with Ms. COLLINS, Mr. TESTER, Ms. MUR- section 571.114 of title 49, Code of Federal
a consortium under subsection (a), the Sec- Regulations, to require manufacturers to in-
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
retary shall measure the effectiveness of the stall in each motor vehicle that is equipped
activities undertaken by the consortium
to the bill H.R. 3684, to authorize funds
with a keyless ignition device and an inter-
under this subtitle. for Federal-aid highways, highway
nal combustion engine technology to auto-
(e) OUTREACH.—The Secretary shall con- safety programs, and transit programs, matically shut off the motor vehicle after
duct outreach to universities and colleges, and for other purposes; which was or- the motor vehicle has idled for the period
including historically Black colleges and dered to lie on the table; as follows: designated under subparagraph (B).
universities, Hispanic-serving institutions, Strike section 23018. (B) PERIOD DESCRIBED.—
Tribal Colleges and Universities, and other (i) IN GENERAL.—The period referred to in
minority-serving institutions, regarding op- SA 2212. Mr. BLUMENTHAL sub- subparagraph (A) is the period designated by
portunities to support efforts to address cy- mitted an amendment intended to be the Secretary as necessary to prevent carbon
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bersecurity risks and incidents, by working monoxide poisoning.
proposed to amendment SA 2137 pro-
with the Secretary under subsection (a). (ii) DIFFERENT PERIODS.—The Secretary
posed by Mr. SCHUMER (for Ms. SINEMA
SEC. 70624. RULE OF CONSTRUCTION. may designate different periods under clause
Nothing in this subtitle may be construed
(for herself, Mr. PORTMAN, Mr.
(i) for different types of motor vehicles, de-
to authorize a consortium to control or di- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, pending on the rate at which the motor vehi-
rect any law enforcement agency in the exer- Ms. COLLINS, Mr. TESTER, Ms. MUR- cle emits carbon monoxide, if—
cise of the duties of the law enforcement KOWSKI, Mr. WARNER, and Mr. ROMNEY)) (I) the Secretary determines a different pe-
agency. to the bill H.R. 3684, to authorize funds riod is necessary for a type of motor vehicle
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S5616 CONGRESSIONAL RECORD — SENATE August 2, 2021
for purposes of section 30111 of title 49, ‘‘(c) LIMITATION ON CAPABILITY OF BEING (ii) ELEMENTS.—In carrying out the study
United States Code; and DISABLED.—The motor vehicle safety stand- required under clause (i), the independent
(II) requiring a different period for a type ard prescribed under subsection (b) shall re- third party shall—
of motor vehicle is consistent with the pre- quire that the system described in that sub- (I) identify technologies and products—
vention of carbon monoxide poisoning. section cannot be disabled, overridden, reset, (aa) manufactured for use in passenger
(2) DEADLINE.—The rule under paragraph or recalibrated in such a way that the sys- motor vehicles introduced into interstate
(1) shall become effective not later than 2 tem will no longer detect the presence of an commerce before the effective date of the
years after the date on which the Secretary unattended occupant in the passenger com- rule required by section 30130(b) of title 49,
issues such rule. partment of the vehicle and engage a warn- United States Code (as added by subsection
(c) PREVENTING MOTOR VEHICLES FROM ing. (a)(1)); and
ROLLING AWAY.— ‘‘(d) MEANS.— (bb) that reduce death and injury resulting
(1) REQUIREMENT.—Not later than 2 years ‘‘(1) IN GENERAL.—The warning required from vehicular heatstroke, particularly inci-
after the date of enactment of this Act, the under the motor vehicle safety standard pre- dents involving children; and
Secretary shall issue a final rule amending scribed under subsection (b) shall include a (II) make recommendations for manufac-
part 571 of title 49, Code of Federal Regula- distinct auditory and visual warning to no- turers of such technologies and products to
tions, to require manufacturers to install tify individuals inside and outside of the pas- undergo a functional safety performance as-
technology to prevent movement of motor senger motor vehicle of the presence of an sessment to ensure that the technologies and
vehicles equipped with keyless ignition de- unattended occupant, which shall be com- products perform as designed by the manu-
vices and automatic transmissions if— bined with an interior haptic warning. facturer under a variety of real-world condi-
(A) the transmission of the motor vehicle ‘‘(2) CONSIDERATION.—In developing the tions.
is not in the park setting; warning referred to in paragraph (1), the Sec- (3) PUBLICATION; PUBLIC COMMENT.—Not
(B) the motor vehicle does not exceed the retary shall also consider including a sec- later than 2 years after the date on which
speed determined by the Secretary under ondary additional warning— the Secretary enters into a contract under
paragraph (2); ‘‘(A) to notify— paragraph (2)(A), and every 2 years there-
(C) the seat belt of the operator of the ‘‘(i) operators that are not in close prox- after, the Secretary shall—
motor vehicle is unbuckled; imity to the vehicle; and (A) publish the results of the study re-
(D) the service brake of the motor vehicle ‘‘(ii) emergency responders; and quired under paragraph (2)(B) in the Federal
is not engaged; and ‘‘(B) to provide the geographical location Register; and
(E) the door for the operator of the motor of the passenger motor vehicle in a manner (B) provide a period for public comment of
vehicle is open. that allows for an emergency response. not longer than 90 days after the date on
(2) DETERMINATION.—The Secretary shall ‘‘(e) COMPLIANCE DEADLINE.—The rule which the results of the study are published
determine the maximum speed at which a issued pursuant to subsection (b) shall re- pursuant to subparagraph (A).
motor vehicle may be safely locked in place quire full compliance with the motor vehicle (4) CONSUMER INFORMATION.—Not later than
under the conditions described in subpara- safety standard prescribed in the rule not 120 days after expiration of the public com-
graphs (A), (C), (D), and (E) of paragraph (1) later than 2 years after the date on which ment period described under paragraph (2)(B)
to prevent motor vehicle rollaways. the final rule is issued.’’. and on review of the public comments, the
(3) DEADLINE.—The rule under paragraph (2) CLERICAL AMENDMENT.—The analysis for Secretary shall provide information for con-
(1) shall become effective not later than 2 subchapter II of chapter 301 of title 49, sumers through the website of the National
years after the date on which the Secretary United States Code (as amended by section Highway Traffic Safety Administration on
issues the rule. 24208(b)), is amended by adding at the end the performance of the technologies and
the following: products described in paragraph (2)(B)(ii) to
SA 2214. Mr. BLUMENTHAL (for retrofit existing passenger motor vehicles.
himself and Mr. MARKEY) submitted an ‘‘30130. Occupant safety.’’. (5) SUBMISSION TO CONGRESS.—On issuance
amendment intended to be proposed to (b) STUDY.— of the recommendations required under para-
amendment SA 2137 proposed by Mr. (1) DEFINITIONS.—In this subsection: graph (2)(B)(ii)(II), the Secretary shall sub-
SCHUMER (for Ms. SINEMA (for herself, (A) CHILD RESTRAINT SYSTEM.—The term mit to the Committee on Commerce,
‘‘child restraint system’’ has the meaning Science, and Transportation of the Senate
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and the Committee on Energy and Commerce
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
given the term in section 571.213 of title 49,
Code of Federal Regulations (or a successor of the House of Representatives the study
TESTER, Ms. MURKOWSKI, Mr. WARNER, regulation). and recommendations required by paragraph
and Mr. ROMNEY)) to the bill H.R. 3684, (B) INDEPENDENT THIRD PARTY.—The term (2)(B)(ii)(II), including any public comment
to authorize funds for Federal-aid high- ‘‘independent third party’’ means a person received under paragraph (3)(B).
ways, highway safety programs, and that does not receive any direct financial as-
transit programs, and for other pur- sistance from a manufacturer (as defined in SA 2215. Mr. THUNE (for himself and
poses; which was ordered to lie on the section 30102(a) of title 49, United States Mrs. BLACKBURN) submitted an amend-
Code), that produces or supplies— ment intended to be proposed to
table; as follows:
(i) equipment for the systems mandated in amendment SA 2137 proposed by Mr.
Strike section 24222 and insert the fol-
section 30130 of title 49, United States Code SCHUMER (for Ms. SINEMA (for herself,
lowing:
(as added by subsection (a)(1)); or Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
SEC. 24222. SAFETY WARNING FOR OCCUPANTS
(ii) child restraint systems. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
OF HOT CARS.
(C) PASSENGER MOTOR VEHICLE.—The term TESTER, Ms. MURKOWSKI, Mr. WARNER,
(a) OCCUPANT SAFETY.— ‘‘passenger motor vehicle’’ has the meaning
(1) IN GENERAL.—Subchapter II of chapter and Mr. ROMNEY)) to the bill H.R. 3684,
given the term in section 32101 of title 49,
301 of title 49, United States Code (as amend- to authorize funds for Federal-aid high-
United States Code.
ed by section 24208(a)), is amended by adding (2) INDEPENDENT STUDY.— ways, highway safety programs, and
at the end the following: (A) CONTRACT.—Not later than 90 days transit programs, and for other pur-
‘‘§ 30130. Occupant safety after the date on which a final rule is issued poses; which was ordered to lie on the
‘‘(a) DEFINITIONS.—In this section: pursuant to section 30130(b) of title 49, table; as follows:
‘‘(1) PASSENGER MOTOR VEHICLE.—The term United States Code (as added by subsection Strike section 90008 and insert the fol-
‘passenger motor vehicle’ has the meaning (a)(1)), and every 2 years thereafter, the Sec- lowing:
given the term in section 32101. retary shall enter into a contract with an SEC. 90008. 3.1–3.45 GHZ BAND.
‘‘(2) SECRETARY.—The term ‘Secretary’ independent third party to conduct the study (a) IDENTIFICATION AND AUCTION.—The Fed-
means the Secretary of Transportation. described under subparagraph (B). eral Communications Commission (referred
‘‘(b) RULEMAKING.—Not later than 2 years (B) STUDY.— to in this section as the ‘‘Commission’’), in
after the date of enactment of this section, (i) IN GENERAL.—Under the contract be- consultation with the Assistant Secretary of
the Secretary shall issue a final rule pre- tween the Secretary and an independent Commerce for Communications and Informa-
scribing a motor vehicle safety standard that third party under subparagraph (A), the tion, shall—
requires all new passenger motor vehicles independent third party shall carry out a (1) not later than December 31, 2022, iden-
with a gross vehicle weight rating of 10,000 study on retrofitting passenger motor vehi- tify 350 megahertz of electromagnetic spec-
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pounds or less to be equipped with a system cles introduced into interstate commerce be- trum in the frequencies between 3100 and 3450
that— fore the effective date of the rule required megahertz to be made available for shared
‘‘(1) detects the presence of an unattended pursuant to section 30130(b) of title 49, Federal and non-Federal commercial li-
occupant in the passenger compartment of United States Code (as added by subsection censed use, subject to flexible-use service
the vehicle; and (a)(1)), with technologies and products that rules that are consistent with the rules for
‘‘(2) engages a warning to reduce death and meet the safety need addressed by the motor the band of frequencies between 3450 and 3550
injury resulting from vehicular heatstroke, vehicle safety standard prescribed under that megahertz established in the Second Report
particularly incidents involving children. section. and Order in the matter of Facilitating
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5617
Shared Use in the 3100-3550 MHz Band adopt- ‘‘(ii) DEFINITION.—For purposes of this sub- and any amounts in the Rural Broadband As-
ed by the Commission on March 17, 2021 (FCC paragraph, the term ‘net proceeds’, with re- sessment and Deployment Fund that are not
21–32; WT Docket No. 19–348) that permit spect to the use of a system of competitive necessary for reimbursement of the general
full-power commercial licensed use of that bidding, means the proceeds remaining after fund of the Treasury for such borrowed
band; and subtracting all auction-related expenditures, amounts shall be available to the Commis-
(2) not earlier than November 30, 2024, and including— sion for use in accordance with paragraph
not later than 10 years after the date of en- ‘‘(I) relocation payments, including accel- (5).
actment of this Act, complete a system of erated relocation payments; (5) USE OF AMOUNTS.—
competitive bidding under section 309(j) of ‘‘(II) payments to incumbent licensees for (A) ESTABLISHMENT OF PROGRAM OR PRO-
the Communications Act of 1934 (47 U.S.C. the relinquishment of all or a portion of the
GRAMS.—The Commission shall use the
309(j)) to grant new licenses for the spectrum spectrum usage rights of those licensees;
amounts made available under paragraph (4)
identified under paragraph (1) of this sub- ‘‘(III) costs associated with the realloca-
to establish 1 or more programs that are sep-
section. tion of spectrum, whether on an exclusive or
shared use basis; arate from, but are coordinated with and
(b) TIMING OF AUCTION.—Notwithstanding
section 309(j)(7) of the Communications Act ‘‘(IV) relocation or sharing costs, including complement, the high-cost programs to ad-
of 1934 (47 U.S.C. 309(j)(7)), the Commission for planning for relocation or sharing; and dress—
shall conduct the system of competitive bid- ‘‘(V) bidding credits.’’. (i) gaps that remain in broadband internet
ding required under subsection (a)(2) of this (c) DIRECTION AND USE OF RURAL access service coverage in high-cost rural
section at a time during the period described BROADBAND ASSESSMENT AND DEPLOYMENT areas despite the operations of the high-cost
in that subsection that will maximize the FUND PROCEEDS.— programs; and
proceeds generated by the system of com- (1) DEFINITIONS.—In this subsection— (ii) shortfalls in sufficient funding of the
petitive bidding. (A) the term ‘‘Commission’’ means the high-cost programs that could adversely af-
(c) CLEARING OF SPECTRUM.—Not later than Federal Communications Commission; fect the sustainability of services or reason-
1 year after the date on which the system of (B) the term ‘‘high-cost programs’’ able comparability of rates that are sup-
competitive bidding required under sub- means— ported by those programs.
section (a)(2) is completed, the President (i) the program for Universal Service Sup- (B) PURPOSES.—In carrying out subpara-
shall withdraw or modify any assignment to port for High-Cost Areas set forth under sub- graph (A), the Commission shall use amounts
a Federal Government station of the fre- part D of part 54 of title 47, Code of Federal made available under paragraph (4) in an ef-
quencies identified under subsection (a)(1) in Regulations, or any successor regulations; ficient and cost-effective manner only—
order to accommodate shared Federal and (ii) the Rural Digital Opportunity Fund set (i) for the assessment of, and to provide
non-Federal commercial licensed use in ac- forth under subpart J of part 54 of title 47, subsidies in a technology-neutral manner
cordance with subsection (a)(1). Code of Federal Regulations, or any suc-
(d) FCC AUCTION AUTHORITY.—Section through a competitive process (subject to
cessor regulations; weighting preferences for performance qual-
309(j)(11) of the Communications Act of 1934 (iii) the Interstate Common Line Support
(47 U.S.C. 309(j)(11)) is amended by inserting ity and other service metrics as the Commis-
Mechanism for Rate-of-Return Carriers set
after ‘‘2025’’ the following: ‘‘, and with re- sion may find appropriate) to providers for
forth under subpart K of part 54 of title 47,
spect to the electromagnetic spectrum iden- support of, deployment of broadband-capable
Code of Federal Regulations, or any suc-
tified under section 90008(a)(1) of the Infra- cessor regulations; infrastructure in high-cost rural areas that
structure Investment and Jobs Act, such au- (iv) the Mobility Fund set forth under sub- the Commission determines are unserved by
thority shall expire on the date that is 10 part L of part 54 of title 47, Code of Federal fixed terrestrial broadband internet access
years after the date of enactment of that Regulations, or any successor regulations; service at a download speed of not less than
Act’’. (v) the High Cost Loop Support for Rate-of- 25 megabits per second and an upload speed
--- Return Carriers program set forth under sub- of not less than 3 megabits per second (or
SA 2216. Mr. THUNE submitted an part M of part 54 of title 47, Code of Federal such higher speed as the Commission may
amendment intended to be proposed to Regulations, or any successor regulations; determine appropriate based upon an evolv-
amendment SA 2137 proposed by Mr. (vi) the Uniendo a Puerto Rico Fund and ing definition of universal service); and
SCHUMER (for Ms. SINEMA (for herself, the Connect USVI Fund set forth under sub- (ii) to assess, and provide subsidies to pro-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- part O of part 54 of title 47, Code of Federal viders to enable providers to sustain,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Regulations, or any successor regulations; broadband internet access service in any
TESTER, Ms. MURKOWSKI, Mr. WARNER, and rural area in which—
(vii) the Rural Broadband Experiments, as (I) not more than 1 provider of fixed terres-
and Mr. ROMNEY)) to the bill H.R. 3684, established by the Commission under part 54 trial broadband internet access service oper-
to authorize funds for Federal-aid high- of title 47, Code of Federal Regulations; ates; and
ways, highway safety programs, and (C) the term ‘‘net proceeds’’ has the mean- (II) the high-cost nature of the area pre-
transit programs, and for other pur- ing given the term in subparagraph (H) of cludes the offering of voice service and
poses; which was ordered to lie on the section 309(j)(8) of the Communications Act broadband internet access service at rates
table; as follows: of 1934 (47 U.S.C. 309(j)(8)), as added by sub- and performance levels available in urban
Strike section 60102 and insert the fol- section (b); and areas as determined by the Urban Rate Sur-
lowing: (D) the term ‘‘Rural Broadband Assess- vey conducted by the Commission.
SEC. 60102. RURAL CONNECTIVITY ADVANCE- ment and Deployment Fund’’ means the fund (C) TRIBAL CONSIDERATIONS.—In distrib-
MENT PROGRAM. established under paragraph (2). uting amounts under this paragraph, the
(a) SHORT TITLE.—This section may be (2) ESTABLISHMENT OF FUND.—There is es- Commission shall consider the broadband
cited as the ‘‘Rural Connectivity Advance- tablished in the Treasury of the United internet access service needs of residents of
ment Program Act of 2021’’. States a fund to be known as the ‘‘Rural Tribal lands (as defined in section 54.400 of
(b) DEPOSIT OF SPECTRUM AUCTION PRO- Broadband Assessment and Deployment
title 47, Code of Federal Regulations, or any
CEEDS IN RURAL BROADBAND ASSESSMENT AND Fund’’.
successor regulation).
DEPLOYMENT FUND.—Section 309(j)(8) of the (3) BORROWING AUTHORITY.—
(D) LIMITATIONS.—
Communications Act of 1934 (47 U.S.C. (A) IN GENERAL.—With respect to any auc-
(i) PROHIBITION ON FUNDING OTHER PRO-
309(j)(8)) is amended— tion described in subparagraph (H)(i) of sec-
GRAMS.—
(1) in subparagraph (A), by striking ‘‘and tion 309(j)(8) of the Communications Act of
(G)’’ and inserting ‘‘(G), and (H)’’; and 1934 (47 U.S.C. 309(j)(8)), as added by sub- (I) IN GENERAL.—The Commission may not
(2) by adding at the end the following: section (b), on or after the date on which the use amounts made available under paragraph
‘‘(H) CERTAIN PROCEEDS DESIGNATED FOR Commission makes a final determination of (4) to fund any program that was not estab-
RURAL BROADBAND ASSESSMENT AND DEPLOY- the amount of net proceeds that will be de- lished by the Commission under subpara-
MENT FUND.— posited in the Rural Broadband Assessment graph (A) of this paragraph, including any
‘‘(i) ASSESSMENT AND DEPLOYMENT SET- and Deployment Fund under such subpara- program established under section 254 of the
ASIDE.—Notwithstanding subparagraph (A), graph (H)(i) as a result of that auction, the Communications Act of 1934 (47 U.S.C. 254) in
and except as provided in subparagraphs (B), Commission may borrow not more than that effect on the date of enactment of this Act,
(D), (E), (F), and (G), 10 percent of the net amount from the Treasury of the United except for using the Universal Service Ad-
proceeds from each use of a system of com- States. ministrative Company to administer fund-
SSpencer on DSK126QN23PROD with SENATE
petitive bidding under this subsection that is (B) REIMBURSEMENT.—The Commission ing.
mandated by an Act of Congress and that be- shall reimburse the general fund of the (II) RULE OF CONSTRUCTION.—Nothing in
gins on or after the date of enactment of the Treasury, without interest, for any amounts subclause (I) shall be construed to prohibit
Rural Connectivity Advancement Program borrowed under subparagraph (A) as funds the Commission from using amounts made
Act of 2021 shall be deposited in the Rural are deposited into the Rural Broadband As- available under paragraph (4) to supplement
Broadband Assessment and Deployment sessment and Deployment Fund. the provision of support under the high-cost
Fund established under subsection (c) of that (4) AVAILABILITY OF AMOUNTS.—Any programs, as authorized under subparagraph
Act. amounts borrowed under paragraph (3)(A) (A)(ii) of this paragraph.
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S5618 CONGRESSIONAL RECORD — SENATE August 2, 2021
(ii) TRANSPARENCY AND ACCOUNTABILITY FOR (B) AUCTION-SPECIFIC DEPOSIT REPORTS.— (vi) any complaints received by a para-
ADDRESSING GAPS IN COVERAGE.—The Com- Not later than 30 days after the date on transit rider;
mission shall establish transparency and ac- which the Commission announces the results (vii) rider satisfaction with paratransit
countability requirements for amounts made of an auction described in subparagraph services; and
available for the purpose set forth in sub- (H)(i) of section 309(j)(8) of the Communica- (viii) after the completion of the pilot pro-
paragraph (A)(i) that, at a minimum— tions Act of 1934 (47 U.S.C. 309(j)(8)), as added gram, an assessment by the eligible entity of
(I) provide— by subsection (b), the Commission shall pub- its capacity to continue a one-stop program
(aa) a process for challenging any initial lish and submit to the Committee on Com- independently.
determination by the Commission regarding merce, Science, and Transportation of the (B) PREFERENCE.—The Secretary shall give
whether an area is served or unserved; and Senate and the Committee on Energy and preference to entities that—
(bb) written public notice on the website of Commerce of the House of Representatives a (i) have comparable data for the year prior
the Commission of— report that estimates the amount of net pro- to implementation of the pilot program that
(AA) how each challenge under item (aa) ceeds that will be deposited in the Rural can be used by the Secretary and other orga-
was decided; and Broadband Assessment and Deployment nizations, such as nonprofit organizations
(BB) the reasons of the Commission for Fund under that subparagraph as a result of and advocacy organizations, for research
each decision; that auction. purposes; and
(II) establish broadband service buildout (7) AUTHORIZATION OF APPROPRIATIONS.— (ii) plan to use agency personnel to imple-
milestones and require periodic certification There is authorized to be appropriated to the ment the pilot program.
Rural Broadband Assessment and Deploy- (4) APPLICATION.—To be eligible to partici-
by funding recipients to ensure compliance
ment Fund $42,450,000,000. pate in the pilot program, an eligible entity
with the broadband service buildout mile-
stones;
--- shall submit to the Secretary an application
SA 2217. Mr. MENENDEZ submitted at such time, in such manner, and con-
(III) establish a maximum buildout time-
an amendment intended to be proposed taining such information as the Secretary
frame of 4 years beginning on the date on
to amendment SA 2137 proposed by Mr. may require, including information on—
which funding is provided to a funding re-
SCHUMER (for Ms. SINEMA (for herself, (A) locations the eligible entity intends to
cipient;
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- allow a stop at, if stops are limited, includ-
(IV) establish periodic reporting require- ing—
ments for funding recipients that identify, at SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(i) childcare or education facilities;
a minimum, the speed of, and technology TESTER, Ms. MURKOWSKI, Mr. WARNER, (ii) pharmacies;
used for, the service provided in each area and Mr. ROMNEY)) to the bill H.R. 3684, (iii) grocery stores; and
where funding is provided; to authorize funds for Federal-aid high- (iv) bank or ATM locations;
(V) establish standard penalties for non- ways, highway safety programs, and (B) methodology for informing the public
compliance with the requirements estab- transit programs, and for other pur- of the pilot program;
lished under this clause and as may be fur- (C) vehicles, personnel, and other resources
poses; which was ordered to lie on the
ther prescribed by the Commission; that will be used to implement the pilot pro-
(VI) establish procedures for recovery of table; as follows:
Beginning on page 1287, strike line 22 and gram; and
funds, in whole or in part, from funding re- (D) if the applicant does not intend the
cipients in the event of default or non- all that follows through page 1288, line 3, and
insert the following: pilot program to apply to the full area under
compliance with the requirements estab- the jurisdiction of the applicant, a descrip-
lished under this clause and as may be fur- ‘‘(A) $13,434,000,000 for fiscal year 2022;
‘‘(B) $13,719,000,000 for fiscal year 2023; tion of the geographic area in which the ap-
ther prescribed by the Commission; and plicant intends the pilot program to apply.
(VII) require a funding recipient to— ‘‘(C) $14,079,000,000 for fiscal year 2024;
‘‘(D) $14,374,000,000 for fiscal year 2025; and (5) SELECTION.—The Secretary shall seek to
(aa) offer voice service and broadband achieve diversity of participants in the pilot
internet access service; and ‘‘(E) $14,742,000,000 for fiscal year 2026.
On page 1289, strike lines 3 through 11 and program by selecting a range of eligible enti-
(bb) permit a consumer to subscribe to one ties that includes at least 5 of each of the
insert the following:
type of service described in item (aa) or both following:
‘‘(D) $450,000,000 for fiscal year 2022,
types. (A) An eligible entity that serves an area
$463,500,000 for fiscal year 2023, $477,405,000 for
(iii) TRANSPARENCY AND ACCOUNTABILITY with a population of 200,000 people or fewer.
fiscal year 2024, $491,727,150 for fiscal year
FOR ADDRESSING SHORTFALLS IN FUNDING.— (B) An eligible entity that serves an area
2025, and $506,478,965 for fiscal year 2026 shall
The Commission shall establish trans- be available to provide financial assistance with a population of over 200,000 people.
parency and accountability requirements for for services for the enhanced mobility of sen- (C) An eligible entity that provides trans-
amounts made available for the purpose set iors and individuals with disabilities under portation for rural communities.
forth in subparagraph (A)(ii) that, at a min- section 5310; (6) REPORT.—Not later than 3 months after
imum— On page 1317, between lines 18 and 19, insert the conclusion of the first 15 pilot projects
(I) establish periodic reporting and certifi- the following: carried out under this subsection, the Sec-
cation requirements for funding recipients to SEC. 30lll. ACCESSIBLE TRANSPORTATION IM- retary shall submit to Congress a report on
ensure that the funding results in the offer- PROVEMENTS FOR INDIVIDUALS the results of the program, including the fea-
ing of voice service and broadband internet WITH DISABILITIES. sibility of developing and implementing one-
access service at reasonably comparable (a) ONE-STOP PARATRANSIT PILOT PRO- stop programs for all ADA paratransit serv-
rates and performance levels; GRAM.— ices.
(II) establish standard penalties for non- (1) IN GENERAL.—Not later than 6 months (7) FUNDING.—
compliance with the requirements estab- after the date of enactment of this Act, the (A) FEDERAL SHARE.—The Federal share of
lished under this clause and as may be fur- Secretary shall establish a one-stop para- the total cost of a project carried out under
ther prescribed by the Commission; transit pilot program. this subsection may not exceed 80 percent.
(III) establish procedures for recovery of (2) PURPOSE.—The purpose of the pilot pro- (B) AUTHORIZATION OF APPROPRIATIONS.—
funds, in whole or in part, from funding re- gram under this subsection is to develop or There are authorized to be appropriated to
cipients in the event of default or non- expand paratransit programs carried out carry out this subsection $75,000,000 for each
compliance with the requirements estab- pursuant to the ADA to provide for 1 stop of of fiscal years 2022 through 2026.
lished under this clause and as may be fur- at least 15 minutes outside of the vehicle (b) PEDESTRIAN FACILITIES IN THE PUBLIC
ther prescribed by the Commission; and during a paratransit trip to prevent long RIGHT-OF-WAY.—
(IV) require a funding recipient to— wait times between multiple trips that un- (1) IN GENERAL.—Not later than 180 days
(aa) offer voice service and broadband duly limit an individual’s ability to com- after the date of enactment of this Act, the
internet access service; and plete essential tasks. Architectural and Transportation Barriers
(bb) permit a consumer to subscribe to one (3) ELIGIBLE ENTITIES.— Compliance Board, pursuant to section
type of service described in item (aa) or both (A) IN GENERAL.—An entity eligible to par- 502(b)(3) of the Rehabilitation Act of 1973 (29
types. ticipate in the pilot program is a transit U.S.C. 792(b)(3)), shall publish final accessi-
(6) REPORTS.— agency that agrees to track and share infor- bility guidelines setting forth minimum
(A) ANNUAL AUCTION PROCEEDS DEPLOYMENT mation as the Secretary requires, includ- standards for pedestrian facilities in the pub-
REPORT.—Not later than 270 days after the ing— lic right-of-way, including shared use paths.
date of enactment of this Act, and not less (i) number of ADA paratransit trips con-
SSpencer on DSK126QN23PROD with SENATE
(2) ADOPTION OF REGULATIONS.—Not later
frequently than annually thereafter until all ducted each year; than 180 days after the establishment of the
amounts have been distributed, the Commis- (ii) requested time of each paratransit trip; guidelines pursuant to paragraph (1), the
sion shall publish and submit to the Com- (iii) scheduled time of each paratransit Secretary shall issue such regulations as are
mittee on Commerce, Science, and Transpor- trip; necessary to adopt such guidelines.
tation of the Senate and the Committee on (iv) actual pickup time for each para- (c) REPORTING ACCESSIBILITY COM-
Energy and Commerce of the House of Rep- transit trip; PLAINTS.—
resentatives a report on the distribution of (v) average length of a stop in the middle (1) IN GENERAL.—The Secretary shall en-
amounts made available under paragraph (4). of a ride as allowed by this section; sure that an individual who believes that he
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