Congressional Record, Senate, August 2, 2021, Page S5587
Summary
A page of the Congressional Record, Senate, dated August 2, 2021, at page S5587, carrying amendment text on the Minority Business Development Agency. The text gives the Under Secretary powers to adopt a seal, hold hearings, acquire property and enter agreements with other Federal agencies, and requires records so that the Under Secretary, the Inspector General of the Department of Commerce and the Comptroller General can audit assistance. It authorizes appropriations of $100,000,000 for each of fiscal years 2021 through 2025, of which a majority goes to the MBDA Business Center Program and $10,000,000 to title III. The page also lists SA 2164, submitted by Mrs. Fischer and Ms. Cortez Masto.
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“Congressional Record, Senate, August 2, 2021, Page S5587.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-02-crec-2021-08-02-pt1-pgs5587-78dfc49537/
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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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