Amendments to H.R. 3684, Including Minority Business Development Act of 2021 — Congressional Record, Senate
Summary
This is S5840 of the Congressional Record, Senate, August 4, 2021, with interleaved columns of amendments to H.R. 3684, the highway bill. The page lists amendments intended to be proposed to amendment SA 2137, including SA 2555 by Mr. Wyden, SA 2556 by Ms. Stabenow, Mr. Cornyn, and Mr. Whitehouse, and SA 2557 by Ms. Baldwin and Mr. Hoeven. SA 2478 by Mr. Cardin and others prints a division titled the Minority Business Development Act of 2021, with a short title, definitions, and references to the Minority Business Development Agency of the Department of Commerce.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Amendments to H.R. 3684, Including Minority Business Development Act of 2021 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-04-crec-2021-08-04-pt1-pgs5840-de53b833f0/
, SHA-256 f80107a452b6e885868725ea05eb1531b7f4cc34e15ab7a26f2e7934a275377a.Full text
S5840 CONGRESSIONAL RECORD — SENATE August 4, 2021
herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- proposed an amendment to amendment SA TEXT OF AMENDMENTS
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. 2137 proposed by Mr. SCHUMER (for Ms.
TESTER, Ms. MURKOWSKI, Mr. WARNER, and SINEMA (for herself, Mr. PORTMAN, Mr. SA 2478. Mr. CARDIN (for himself,
Mr. ROMNEY)) to the bill H.R. 3684, supra; MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. Mr. SCOTT of South Carolina, Mr.
which was ordered to lie on the table. COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. WICKER, Ms. CANTWELL, Ms. BALDWIN,
SA 2555. Mr. WYDEN submitted an amend- WARNER, and Mr. ROMNEY)) to the bill H.R. and Mr. CORNYN) proposed an amend-
ment intended to be proposed to amendment 3684, supra.
SA 2137 proposed by Mr. SCHUMER (for Ms. SA 2565. Mrs. FEINSTEIN submitted an ment to amendment SA 2137 proposed
SINEMA (for herself, Mr. PORTMAN, Mr. amendment intended to be proposed to by Mr. SCHUMER (for Ms. SINEMA (for
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. amendment SA 2137 proposed by Mr. SCHU- herself, Mr. PORTMAN, Mr. MANCHIN,
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. MER (for Ms. SINEMA (for herself, Mr. Mr. CASSIDY, Mrs. SHAHEEN, Ms. COL-
WARNER, and Mr. ROMNEY)) to the bill H.R. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. LINS, Mr. TESTER, Ms. MURKOWSKI, Mr.
3684, supra; which was ordered to lie on the SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- WARNER, and Mr. ROMNEY)) to the bill
table. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to
H.R. 3684, to authorize funds for Fed-
SA 2556. Ms. STABENOW (for herself, Mr. the bill H.R. 3684, supra; which was ordered
CORNYN, and Mr. WHITEHOUSE) submitted an to lie on the table.
eral-aid highways, highway safety pro-
amendment intended to be proposed to SA 2566. Mrs. FEINSTEIN submitted an grams, and transit programs, and for
amendment SA 2137 proposed by Mr. SCHU- amendment intended to be proposed to other purposes; as follows:
MER (for Ms. SINEMA (for herself, Mr. amendment SA 2137 proposed by Mr. SCHU-
At the appropriate place, insert the fol-
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. MER (for Ms. SINEMA (for herself, Mr.
lowing:
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- DIVISION lll—MINORITY BUSINESS
the bill H.R. 3684, supra; which was ordered KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to DEVELOPMENT
to lie on the table. the bill H.R. 3684, supra; which was ordered
SA 2557. Ms. BALDWIN (for herself and Mr. SEC. llll01. SHORT TITLE.
to lie on the table.
HOEVEN) submitted an amendment intended SA 2567. Mrs. FEINSTEIN (for herself, Mr. This division may be cited as the ‘‘Minor-
to be proposed to amendment SA 2137 pro- BOOKER, Mr. VAN HOLLEN, Mr. PADILLA, and ity Business Development Act of 2021’’.
posed by Mr. SCHUMER (for Ms. SINEMA (for Mr. DURBIN) submitted an amendment in-
SEC. llll02. DEFINITIONS.
herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- tended to be proposed to amendment SA 2137
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. proposed by Mr. SCHUMER (for Ms. SINEMA In this division:
TESTER, Ms. MURKOWSKI, Mr. WARNER, and (for herself, Mr. PORTMAN, Mr . MANCHIN, Mr. (1) AGENCY.—The term ‘‘Agency’’ means
Mr. ROMNEY)) to the bill H.R. 3684, supra; CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the Minority Business Development Agency
which was ordered to lie on the table. TESTER, Ms. MURKOWSKI, Mr. WARNER, and of the Department of Commerce.
SA 2558. Ms. BALDWIN (for herself and Mr. Mr. ROMNEY)) to the bill H.R. 3684, supra; (2) COMMUNITY-BASED ORGANIZATION.—The
JOHNSON) submitted an amendment intended which was ordered to lie on the table. term ‘‘community-based organization’’ has
to be proposed to amendment SA 2137 pro- SA 2568. Mr. MORAN (for himself and Mr. the meaning given the term in section 8101 of
posed by Mr. SCHUMER (for Ms. SINEMA (for LUJÁN) submitted an amendment intended to the Elementary and Secondary Education
herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- be proposed to amendment SA 2137 proposed Act of 1965 (20 U.S.C. 7801).
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. by Mr. SCHUMER (for Ms. SINEMA (for herself, (3) ELIGIBLE ENTITY.—Except as otherwise
TESTER, Ms. MURKOWSKI, Mr. WARNER, and Mr. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, expressly provided, the term ‘‘eligible enti-
Mr. ROMNEY)) to the bill H.R. 3684, supra; Mrs. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. ty’’—
which was ordered to lie on the table. MURKOWSKI, Mr. WARNER, and Mr. ROMNEY)) (A) means—
SA 2559. Ms. MURKOWSKI (for herself and to the bill H.R. 3684, supra; which was or- (i) a private sector entity;
Ms. CANTWELL) submitted an amendment in- dered to lie on the table. (ii) a public sector entity; or
tended to be proposed to amendment SA 2137 SA 2569. Mr. HOEVEN (for himself and Mr. (iii) a Native entity; and
proposed by Mr. SCHUMER (for Ms. SINEMA PETERS) submitted an amendment intended (B) includes an institution of higher edu-
(for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. to be proposed to amendment SA 2137 pro- cation.
CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. posed by Mr. SCHUMER (for Ms. SINEMA (for (4) FEDERAL AGENCY.—The term ‘‘Federal
TESTER, Ms. MURKOWSKI, Mr. WARNER, and herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- agency’’ has the meaning given the term
Mr. ROMNEY)) to the bill H.R. 3684, supra; SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘agency’’ in section 551 of title 5, United
which was ordered to lie on the table. TESTER, Ms. MURKOWSKI, Mr. WARNER, and States Code.
SA 2560. Mr. LEE submitted an amendment Mr. ROMNEY)) to the bill H.R. 3684, supra; (5) FEDERALLY RECOGNIZED AREA OF ECO-
intended to be proposed to amendment SA which was ordered to lie on the table. NOMIC DISTRESS.—The term ‘‘federally recog-
2137 proposed by Mr. SCHUMER (for Ms. SA 2570. Mr. SCHUMER (for himself and
nized area of economic distress’’ means—
SINEMA (for herself, Mr. PORTMAN, Mr. Mrs. GILLIBRAND) proposed an amendment to
(A) a HUBZone, as that term is defined in
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. amendment SA 2137 proposed by Mr. SCHU-
section 31(b) of the Small Business Act (15
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. MER (for Ms. SINEMA (for herself, Mr.
U.S.C. 657a(b));
WARNER, and Mr. ROMNEY)) to the bill H.R. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs.
(B) an area that—
3684, supra; which was ordered to lie on the SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR-
(i) has been designated as—
table. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to
SA 2561. Mr. LEE submitted an amendment (I) an empowerment zone under section
the bill H.R. 3684, supra.
intended to be proposed to amendment SA SA 2571. Mr. BLUMENTHAL (for himself 1391 of the Internal Revenue Code of 1986; or
2137 proposed by Mr. SCHUMER (for Ms. and Mr. HOEVEN) submitted an amendment (II) a Promise Zone by the Secretary of
SINEMA (for herself, Mr. PORTMAN, Mr. intended to be proposed to amendment SA Housing and Urban Development; or
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. 2137 proposed by Mr. SCHUMER (for Ms. (ii) is a low or moderate income area, as
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. SINEMA (for herself, Mr. PORTMAN, Mr. determined by the Department of Housing
WARNER, and Mr. ROMNEY)) to the bill H.R. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. and Urban Development;
3684, supra; which was ordered to lie on the COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. (C) a qualified opportunity zone, as that
table. WARNER, and Mr. ROMNEY)) to the bill H.R. term is defined in section 1400Z–1 of the In-
SA 2562. Mr. LEE submitted an amendment 3684, supra; which was ordered to lie on the ternal Revenue Code of 1986; or
intended to be proposed to amendment SA table. (D) any other political subdivision or unin-
2137 proposed by Mr. SCHUMER (for Ms. SA 2572. Ms. HIRONO (for herself and Ms. corporated area of a State determined by the
SINEMA (for herself, Mr. PORTMAN, Mr. KLOBUCHAR) submitted an amendment in- Under Secretary to be an area of economic
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. tended to be proposed to amendment SA 2137 distress.
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. proposed by Mr. SCHUMER (for Ms. SINEMA (6) INSTITUTION OF HIGHER EDUCATION.—The
WARNER, and Mr. ROMNEY)) to the bill H.R. (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. term ‘‘institution of higher education’’ has
3684, supra; which was ordered to lie on the CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the meaning given the term in section 101 of
table. TESTER, Ms. MURKOWSKI, Mr. WARNER, and the Higher Education Act of 1965 (20 U.S.C.
SA 2563. Mr. LEE submitted an amendment Mr. ROMNEY)) to the bill H.R. 3684, supra; 1001).
intended to be proposed to amendment SA which was ordered to lie on the table. (7) MBDA BUSINESS CENTER.—The term
2137 proposed by Mr. SCHUMER (for Ms. SA 2573. Mr. OSSOFF submitted an amend- ‘‘MBDA Business Center’’ means a business
SINEMA (for herself, Mr. PORTMAN, Mr. ment intended to be proposed to amendment center that—
ctelli on DSK11ZRN23PROD with SENATE
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. SA 2137 proposed by Mr. SCHUMER (for Ms. (A) is established by the Agency; and
COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. SINEMA (for herself, Mr. PORTMAN, Mr. (B) provides technical business assistance
WARNER, and Mr. ROMNEY)) to the bill H.R. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. to minority business enterprises consistent
3684, supra; which was ordered to lie on the COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. with the requirements of this division.
table. WARNER, and Mr. ROMNEY)) to the bill H.R. (8) MBDA BUSINESS CENTER AGREEMENT.—
SA 2564. Mr. CARPER (for himself, Mr. 3684, supra; which was ordered to lie on the The term ‘‘MBDA Business Center agree-
INHOFE, Mr. WICKER, and Ms. DUCKWORTH) table. ment’’ means a legal instrument—
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5841
(A) reflecting a relationship between the dividual quality of the individual that is un- record of the United States to the Director
Agency and the recipient of a Federal assist- related to that identity. of the Agency shall be deemed to be a ref-
ance award that is the subject of the instru- (B) PRESUMPTION.—In carrying out this di- erence to the Under Secretary.
ment; and vision, the Under Secretary shall presume (c) REPORT TO CONGRESS.—Not later than
(B) that establishes the terms by which the that the term ‘‘socially or economically dis- 120 days after the date of enactment of this
recipient described in subparagraph (A) shall advantaged individual’’ includes any indi- Act, the Secretary shall submit to Congress
operate an MBDA Business Center. vidual who is— a report that describes—
(9) MINORITY BUSINESS ENTERPRISE.— (i) Black or African American; (1) the organizational structure of the
(A) IN GENERAL.—The term ‘‘minority busi- (ii) Hispanic or Latino; Agency;
ness enterprise’’ means a business enter- (iii) American Indian or Alaska Native; (2) the organizational position of the Agen-
prise— (iv) Asian; cy within the Department of Commerce; and
(i) that is not less than 51 percent-owned (v) Native Hawaiian or other Pacific Is- (3) a description of how the Agency shall
by 1 or more socially or economically dis- lander; or function in relation to the operations carried
advantaged individuals; and (vi) a member of a group that the Agency out by each other component of the Depart-
(ii) the management and daily business op- determines under part 1400 of title 15, Code of ment of Commerce.
erations of which are controlled by 1 or more Federal Regulations, as in effect on Novem- (d) OFFICE OF BUSINESS CENTERS.—
socially or economically disadvantaged indi- ber 23, 1984, is a socially disadvantaged group (1) ESTABLISHMENT.—There is established
viduals. eligible to receive assistance. within the Agency the Office of Business
(16) SPECIALTY CENTER.—The term ‘‘spe- Centers.
(B) RULE OF CONSTRUCTION.—Nothing in
cialty center’’ means an MBDA Business (2) DIRECTOR.—The Office of Business Cen-
subparagraph (A) may be construed to ex-
Center that provides specialty services fo- ters shall be administered by a Director, who
clude a business enterprise from qualifying
cusing on specific business needs, including shall be appointed by the Under Secretary.
as a ‘‘minority business enterprise’’ under
assistance relating to— (e) OFFICES OF THE AGENCY.—
that subparagraph because of—
(A) capital access; (1) IN GENERAL.—In addition to the regional
(i) the status of the business enterprise as
(B) Federal procurement; offices that the Under Secretary is required
a for-profit or not-for-profit enterprise; or (C) entrepreneurship; to establish under paragraph (2), the Under
(ii) the annual revenue of the business en- (D) technology transfer; or Secretary shall establish such other offices
terprise. (E) any other area determined necessary or within the Agency as are necessary to carry
(10) NATIVE ENTITY.—The term ‘‘Native en- appropriate based on the priorities of the out this division.
tity’’ means— Agency. (2) REGIONAL OFFICES.—
(A) a Tribal Government; (17) STATE.—The term ‘‘State’’ means— (A) IN GENERAL.—In order to carry out this
(B) an Alaska Native village or Regional or (A) each of the States of the United States; division, the Under Secretary shall establish
Village Corporation, as defined in or estab- (B) the District of Columbia; a regional office of the Agency for each of
lished pursuant to the Alaska Native Claims (C) the Commonwealth of Puerto Rico; the regions of the United States, as deter-
Settlement Act (43 U.S.C. 1601 et seq.); (D) the United States Virgin Islands; mined by the Under Secretary.
(C) a Native Hawaiian organization, as (E) Guam; (B) DUTIES.—Each regional office estab-
that term is defined in section 6207 of the El- (F) American Samoa; lished under subparagraph (A) shall expand
ementary and Secondary Education Act of (G) the Commonwealth of the Northern the reach of the Agency and enable the Fed-
1965 (20 U.S.C. 7517); Mariana Islands; and eral Government to better serve the needs of
(D) the Department of Hawaiian Home (H) each Tribal Government. minority business enterprises in the region
Lands; and (18) TRIBAL GOVERNMENT.—The term ‘‘Trib- served by the office, including by—
(E) the Office of Hawaiian Affairs. al Government’’ means the recognized gov- (i) understanding and participating in the
(11) PRIVATE SECTOR ENTITY.—The term erning body of any Indian or Alaska Native business environment of that region;
‘‘private sector entity’’— tribe, band, nation, pueblo, village, commu- (ii) working with—
(A) means an entity that is not a public nity, component band, or component res- (I) MBDA Business Centers that are lo-
sector entity; and ervation, individually identified (including cated in that region;
(B) does not include— parenthetically) in the list published most (II) resource and lending partners of other
(i) the Federal Government; recently as of the date of enactment of this appropriate Federal agencies that are lo-
(ii) any Federal agency; or division pursuant to section 104 of the Feder- cated in that region; and
(iii) any instrumentality of the Federal ally Recognized Indian Tribe List Act of 1994 (III) Federal, State, and local procurement
Government. (25 U.S.C. 5131). offices that are located in that region;
(12) PUBLIC SECTOR ENTITY.—The term (19) UNDER SECRETARY.—The term ‘‘Under (iii) being aware of business retention or
‘‘public sector entity’’ means— Secretary’’ means the Under Secretary of expansion programs that are specific to that
(A) a State; Commerce for Minority Business Develop- region;
(B) an agency of a State; ment, who is appointed as described in sec- (iv) seeking out opportunities to collabo-
(C) a political subdivision of a State; tion lll3(b) to administer this division. rate with regional public and private pro-
(D) an agency of a political subdivision of SEC. llll03. MINORITY BUSINESS DEVELOP- grams that focus on minority business enter-
a State; or MENT AGENCY. prises; and
(E) a Native entity. (a) IN GENERAL.—There is within the De- (v) promoting business continuity and pre-
(13) SECRETARY.—The term ‘‘Secretary’’ partment of Commerce the Minority Busi- paredness.
means the Secretary of Commerce. ness Development Agency.
(14) SOCIALLY OR ECONOMICALLY DISADVAN- (b) UNDER SECRETARY.— TITLE I—EXISTING INITIATIVES
TAGED BUSINESS CONCERN.—The term ‘‘so- (1) APPOINTMENT AND DUTIES.—The Agency Subtitle A—Market Development, Research,
cially or economically disadvantaged busi- shall be headed by the Under Secretary of and Information
ness concern’’ means a for-profit business en- Commerce for Minority Business Develop- SEC. lll101. PRIVATE SECTOR DEVELOPMENT.
terprise— ment, who shall— The Under Secretary shall, whenever the
(A)(i) that is not less than 51 percent (A) be appointed by the President, by and Under Secretary determines such action is
owned by 1 or more socially or economically with the advice and consent of the Senate; necessary or appropriate—
disadvantaged individuals; or (B) except as otherwise expressly provided, (1) provide Federal assistance to minority
(ii) that is socially or economically dis- be responsible for the administration of this business enterprises operating in domestic
advantaged; or division; and and foreign markets by making available to
(B) the management and daily business op- (C) report directly to the Secretary. those business enterprises, either directly or
erations of which are controlled by 1 or more (2) COMPENSATION.— in cooperation with private sector entities,
socially or economically disadvantaged indi- (A) IN GENERAL.—The Under Secretary including community-based organizations
viduals. shall be compensated at an annual rate of and national nonprofit organizations—
(15) SOCIALLY OR ECONOMICALLY DISADVAN- basic pay prescribed for level III of the Exec- (A) resources relating to management;
TAGED INDIVIDUAL.— utive Schedule under section 5314 of title 5, (B) technological and technical assistance;
(A) IN GENERAL.—The term ‘‘socially or United States Code. (C) financial, legal, and marketing serv-
economically disadvantaged individual’’ (B) TECHNICAL AND CONFORMING AMEND- ices; and
means an individual who has been subjected MENT.—Section 5314 of title 5, United States (D) services relating to workforce develop-
to racial or ethnic prejudice or cultural bias Code, is amended by striking ‘‘and Under ment;
ctelli on DSK11ZRN23PROD with SENATE
(or the ability of whom to compete in the Secretary of Commerce for Travel and Tour- (2) encourage minority business enterprises
free enterprise system has been impaired due ism’’ and inserting ‘‘Under Secretary of to establish joint ventures and projects—
to diminished capital and credit opportuni- Commerce for Travel and Tourism, and (A) with other minority business enter-
ties, as compared to others in the same line Under Secretary of Commerce for Minority prises; or
of business and competitive market area) be- Business Development’’. (B) in cooperation with public sector enti-
cause of the identity of the individual as a (3) REFERENCES.—Any reference in a law, ties or private sector entities, including
member of a group, without regard to any in- map, regulation, document, paper, or other community-based organizations and national
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S5842 CONGRESSIONAL RECORD — SENATE August 4, 2021
nonprofit organizations, to increase the tect the privacy of the minority business en- (c) FINANCIAL ASSISTANCE.—
share of any market activity being per- terprises to which the data described in para- (1) IN GENERAL.—The amount of financial
formed by minority business enterprises; and graph (1) relates. assistance provided by the Under Secretary
(3) facilitate the efforts of private sector Subtitle B—Minority Business Development under an MBDA Business Center agreement
entities and Federal agencies to advance the Agency Business Center Program shall be not less than $250,000 for the term of
growth of minority business enterprises. the agreement.
SEC. lll111. DEFINITION.
SEC. lll102. PUBLIC SECTOR DEVELOPMENT. (2) MATCHING REQUIREMENT.—
The Under Secretary shall, whenever the In this subtitle, the term ‘‘MBDA Business (A) IN GENERAL.—A Center shall match not
Under Secretary determines such action is Center Program’’ means the program estab- less than 1⁄3 of the amount of the financial
necessary or appropriate— lished under section lll113. assistance awarded to the Center under the
(1) consult and cooperate with public sec- SEC. lll112. PURPOSE. terms of the applicable MBDA Business Cen-
tor entities for the purpose of leveraging re- The purpose of the MBDA Business Center ter agreement, unless the Under Secretary
sources available in the jurisdictions of Program shall be to create a national net- determines that a waiver of that require-
those public sector entities to promote the work of public-private partnerships that— ment is necessary after a demonstration by
position of minority business enterprises in (1) assist minority business enterprises the Center of a substantial need for that
the local economies of those public sector in— waiver.
entities, including by assisting public sector (A) accessing capital, contracts, and (B) FORM OF FUNDS.—A Center may meet
entities to establish or enhance— grants; and the matching requirement under subpara-
(A) programs to procure goods and services (B) creating and maintaining jobs; graph (A) by using—
through minority business enterprises and (2) provide counseling and mentoring to (i) cash or in-kind contributions, without
goals for that procurement; minority business enterprises; and regard to whether the contribution is made
(B) programs offering assistance relating (3) facilitate the growth of minority busi- by a third party; or
to— ness enterprises by promoting trade. (ii) Federal funds received from other Fed-
(i) management; SEC. lll113. ESTABLISHMENT. eral programs.
(ii) technology; (a) IN GENERAL.—There is established in (3) USE OF FINANCIAL ASSISTANCE AND PRO-
(iii) law; GRAM INCOME.—A Center shall use—
the Agency a program—
(iv) financing, including accounting; (A) all financial assistance awarded to the
(1) that shall be known as the MBDA Busi-
(v) marketing; and Center under the applicable MBDA Business
ness Center Program;
(vi) workforce development; and Center agreement to carry out subsection
(2) that shall be separate and distinct from
(C) informational programs designed to in- (a); and
the efforts of the Under Secretary under sec-
form minority business enterprises located (B) all income that the Center generates in
tion lll101; and
in the jurisdictions of those public sector en- carrying out subsection (a)—
(3) under which the Under Secretary shall
tities about the availability of programs de- (i) to meet the matching requirement
make Federal assistance awards to eligible
scribed in this section; under paragraph (2) of this subsection; and
entities to operate MBDA Business Centers,
(2) meet with leaders and officials of public (ii) if the Center meets the matching re-
which shall, in accordance with section quirement under paragraph (2) of this sub-
sector entities for the purpose of recom-
lll114, provide technical assistance and section, to carry out subsection (a).
mending and promoting local administrative
business development services, or specialty (d) CRITERIA FOR SELECTION.—The Under
and legislative initiatives needed to advance
services, to minority business enterprises. Secretary shall—
the position of minority business enterprises
(b) COVERAGE.—The Under Secretary shall (1) establish criteria that—
in the local economies of those public sector
entities; and take all necessary actions to ensure that the (A) the Under Secretary shall use in deter-
(3) facilitate the efforts of public sector en- MBDA Business Center Program, in accord- mining whether to enter into an MBDA Busi-
tities and Federal agencies to advance the ance with section lll114, offers the serv- ness Center agreement with an eligible enti-
growth of minority business enterprises. ices described in subsection (a)(3) in all re- ty; and
SEC. lll103. RESEARCH AND INFORMATION.
gions of the United States. (B) may include criteria relating to wheth-
(a) IN GENERAL.—In order to achieve the SEC. lll114. GRANTS AND COOPERATIVE er an eligible entity is located in—
AGREEMENTS. (i) an area, the population of which is com-
purposes of this division, the Under Sec-
retary— (a) REQUIREMENTS.—An MBDA Business posed of not less than 51 percent socially or
(1) shall— Center (referred to in this subtitle as a ‘‘Cen- economically disadvantaged individuals, as
(A) collect and analyze data, including ter’’), with respect to the Federal financial determined in accordance with data col-
data relating to the causes of the success or assistance award made to operate the Center lected by the Bureau of the Census;
failure of minority business enterprises; under the MBDA Business Center Program— (ii) a federally recognized area of economic
(B) conduct research, studies, and surveys (1) shall— distress; or
of— (A) provide to minority business enter- (iii) a State that is underserved with re-
(i) economic conditions generally in the prises programs and services determined to spect to the MBDA Business Center Pro-
United States; and be appropriate by the Under Secretary, gram, as defined by the Under Secretary; and
(ii) how the conditions described in clause which may include— (2) make the criteria and standards estab-
(i) particularly affect the development of mi- (i) referral services to meet the needs of lished under paragraph (1) publicly available,
nority business enterprises; and minority business enterprises; and including—
(C) provide outreach, educational services, (ii) programs and services to accomplish (A) on the website of the Agency; and
and technical assistance in, at a minimum, the goals described in section lll101(1); (B) in each Notice of Funding Opportunity
the 5 most commonly spoken languages in (B) develop, cultivate, and maintain a net- soliciting MBDA Business Center agree-
the United States to ensure that limited work of strategic partnerships with organi- ments.
English proficient individuals receive cul- zations that foster access by minority busi- (e) APPLICATIONS.—An eligible entity desir-
turally and linguistically appropriate access ness enterprises to economic markets, cap- ing to enter into an MBDA Business Center
to the services and information provided by ital, or contracts; agreement shall submit to the Under Sec-
the Agency; and (C) continue to upgrade and modify the retary an application that includes—
(2) may perform an evaluation of programs services provided by the Center, as nec- (1) a statement of—
carried out by the Under Secretary that are essary, in order to meet the changing and (A) how the eligible entity will carry out
designed to assist the development of minor- evolving needs of the business community; subsection (a); and
ity business enterprises. (D) establish or continue a referral rela- (B) any experience or plans of the eligible
(b) INFORMATION CLEARINGHOUSE.—The tionship with not less than 1 community- entity with respect to—
Under Secretary shall— based organization; and (i) assisting minority business enterprises
(1) establish and maintain an information (E) collaborate with other Centers; and to—
clearinghouse for the collection and dissemi- (2) in providing programs and services (I) obtain—
nation to relevant parties (including busi- under the applicable MBDA Business Center (aa) large-scale contracts, grants, or pro-
ness owners and researchers) of demographic, agreement, may— curements;
economic, financial, managerial, and tech- (A) operate on a fee-for-service basis; or (bb) financing; or
nical data relating to minority business en- (B) generate income through the collection (cc) legal assistance;
terprises; and of— (II) access established supply chains; and
(2) take such steps as the Under Secretary (i) client fees; (III) engage in—
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may determine to be necessary and desirable (ii) membership fees; and (aa) joint ventures, teaming arrangements,
to— (iii) any other appropriate fees proposed by and mergers and acquisitions; or
(A) search for, collect, classify, coordinate, the Center in the application submitted by (bb) large-scale transactions in global mar-
integrate, record, and catalog the data de- the Center under subsection (e). kets;
scribed in paragraph (1); and (b) TERM.—Subject to subsection (g)(3), the (ii) supporting minority business enter-
(B) in a manner that is consistent with sec- term of an MBDA Business Center agreement prises in increasing the size of the
tion 552a of title 5, United States Code, pro- shall be not less than 3 years. workforces of those enterprises, including,
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5843
with respect to a minority business enter- Code, that provide services under the pro- (d) TRANSMITTAL OF PROCEEDINGS AND
prise that does not have employees, aiding gram carried out under chapter 142 of that FINDINGS.—The Under Secretary shall—
the minority business enterprise in becoming title; and (1) prepare a summary of the proceedings
an enterprise that has employees; and (iv) entities participating in the Hollings of each forum conducted under subsection
(iii) advocating for minority business en- Manufacturing Extension Partnership Pro- (a), which shall include the findings and rec-
terprises; and gram established under section 25 of the Na- ommendations of the forum; and
(2) the budget and corresponding budget tional Institute of Standards and Technology (2) transmit the summary described in
narrative that the eligible entity will use in Act (15 U.S.C. 278k); paragraph (1) with respect to each forum
carrying out subsection (a) during the term (4) monitoring projects carried out by each conducted under subsection (a) to—
of the applicable MBDA Business Center Center; and (A) the participants in the forum;
agreement. (5) establishing and enforcing administra- (B) Congress; and
(f) NOTIFICATION.—If the Under Secretary tive and reporting requirements for each (C) the public, through a publicly available
grants an application of an eligible entity Center to carry out subsection (a). website.
submitted under subsection (e), the Under (i) REGULATIONS.—The Under Secretary (e) REVIEW OF FINDINGS AND RECOMMENDA-
Secretary shall notify the eligible entity shall issue and publish regulations that es- TIONS; PUBLIC STATEMENTS.—
that the application has been granted not tablish minimum standards regarding (1) IN GENERAL.—A Federal agency to
later than 150 days after the last day on verification of minority business enterprise which a finding or recommendation de-
which an application may be submitted status for clients of entities operating under scribed in subsection (d)(1) relates shall—
under that subsection. the MBDA Business Center Program. (A) review that finding or recommenda-
(g) PROGRAM EXAMINATION; ACCREDITATION;
SEC. lll115. MINIMIZING DISRUPTIONS TO EX- tion; and
EXTENSIONS.— ISTING MBDA BUSINESS CENTER
(1) EXAMINATION.—Not later than 180 days (B) promptly after the finding or rec-
PROGRAM. ommendation is transmitted under sub-
after the date of enactment of this Act, and The Under Secretary shall ensure that
biennially thereafter, the Under Secretary section (d)(2)(C), issue a public statement—
each Federal assistance award made under (i) assessing the finding or recommenda-
shall conduct a programmatic financial ex- the Business Centers program of the Agency,
amination of each Center. tion; and
as is in effect on the day before the date of (ii) disclosing the action, if any, the Fed-
(2) ACCREDITATION.—The Under Secretary enactment of this Act, is carried out in a
may provide financial support, by contract eral agency intends to take with respect to
manner that, to the greatest extent prac- the finding or recommendation.
or otherwise, to an association, not less than ticable, prevents disruption of any activity
51 percent of the members of which are Cen- (2) JOINT STATEMENT PERMITTED.—If a find-
carried out under that award. ing or recommendation described in sub-
ters, to—
SEC. lll116. PUBLICITY. section (d)(1) relates to more than 1 Federal
(A) pursue matters of common concern
In carrying out the MBDA Business Center agency, the applicable Federal agencies may,
with respect to Centers; and
Program, the Under Secretary shall widely for the purposes of the public statement re-
(B) develop an accreditation program with
publicize the MBDA Business Center Pro- quired under paragraph (1)(B), issue a joint
respect to Centers.
gram, including— statement.
(3) EXTENSIONS.—
(1) on the website of the Agency; SEC. lll202. AGENCY STUDY ON ALTERNATIVE
(A) IN GENERAL.—The Under Secretary may
(2) via social media outlets; and FINANCING SOLUTIONS.
extend the term under subsection (b) of an
(3) by sharing information relating to the (a) PURPOSE.—The purpose of this section
MBDA Business Center agreement to which a
MBDA Business Center Program with com- is to provide information relating to alter-
Center is a party, if the Center consents to
munity-based organizations, including inter- native financing solutions to minority busi-
the extension.
pretation groups where necessary, to com- ness enterprises, as those business enter-
(B) FINANCIAL ASSISTANCE.—If the Under
municate in the most common languages prises are more likely to struggle in access-
Secretary extends the term of an MBDA
spoken by the groups served by those organi- ing, particularly at affordable rates, tradi-
Business Center agreement under paragraph
zations. tional sources of capital.
(1), the Under Secretary shall, in the same
manner and amount in which financial as- TITLE II—NEW INITIATIVES TO PROMOTE (b) STUDY AND REPORT.—Not later than 1
sistance was provided during the initial term ECONOMIC RESILIENCY FOR MINORITY year after the date of enactment of this Act,
of the agreement, provide financial assist- BUSINESSES the Under Secretary shall—
ance under the agreement during the ex- SEC. lll201. ANNUAL DIVERSE BUSINESS (1) conduct a study on opportunities for
tended term of the agreement. FORUM ON CAPITAL FORMATION. providing alternative financing solutions to
(h) MBDA INVOLVEMENT.—The Under Sec- (a) RESPONSIBILITY OF AGENCY.—Not later minority business enterprises; and
retary may take actions to ensure that the than 18 months after the date of enactment (2) submit to Congress, and publish on the
Agency is substantially involved in the ac- of this Act, and annually thereafter, the website of the Agency, a report describing
tivities of Centers in carrying out subsection Under Secretary shall conduct a Govern- the findings of the study carried out under
(a), including by— ment-business forum to review the current paragraph (1).
(1) providing to each Center training relat- status of problems and programs relating to SEC. lll203. EDUCATIONAL DEVELOPMENT RE-
ing to the MBDA Business Center Program; capital formation by minority business en- LATING TO MANAGEMENT AND EN-
(2) requiring that the operator and staff of terprises. TREPRENEURSHIP.
each Center— (b) PARTICIPATION IN FORUM PLANNING.— (a) DUTIES.—The Under Secretary shall,
(A) attend— The Under Secretary shall invite the heads whenever the Under Secretary determines
(i) a conference with the Agency to estab- of other Federal agencies, such as the Chair- such action is necessary or appropriate—
lish the services and programs that the Cen- man of the Securities and Exchange Com- (1) promote the education and training of
ter will provide in carrying out the require- mission, the Secretary of the Treasury, and socially or economically disadvantaged indi-
ments before the date on which the Center the Chairman of the Board of Governors of viduals in subjects directly relating to busi-
begins providing those services and pro- the Federal Reserve System, organizations ness administration and management;
grams; and representing State securities commissioners, (2) encourage institutions of higher edu-
(ii) training provided under paragraph (1); representatives of leading minority cham- cation, leaders in business and industry, and
(B) receive necessary guidance relating to bers of commerce, not less than 1 certified other public sector entities and private sec-
carrying out the requirements under sub- owner of a minority business enterprise, tor entities, particularly minority business
section (a); and business organizations, and professional or- enterprises, to—
(C) work in coordination and collaboration ganizations concerned with capital forma- (A) develop programs to offer scholarships
with the Under Secretary to carry out the tion to participate in the planning of each and fellowships, apprenticeships, and intern-
MBDA Business Center Program and other forum conducted under subsection (a). ships relating to business to socially or eco-
programs of the Agency; (c) PREPARATION OF STATEMENTS AND RE- nomically disadvantaged individuals; and
(3) facilitating connections between Cen- PORTS.— (B) sponsor seminars, conferences, and
ters and— (1) REQUESTS.—The Under Secretary may similar activities relating to business for the
(A) Federal agencies other than the Agen- request that any head of a Federal agency, benefit of socially or economically disadvan-
cy, as appropriate; and department, or organization, including those taged individuals;
(B) other institutions or entities that use described in subsection (b), or any other (3) stimulate and accelerate curriculum de-
Federal resources, such as— group or individual, prepare a statement or sign and improvement in support of develop-
(i) small business development centers, as report to be delivered at any forum con- ment of minority business enterprises; and
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that term is defined in section 3(t) of the ducted under subsection (a). (4) encourage and assist private institu-
Small Business Act (15 U.S.C. 632(t)); (2) COOPERATION.—Any head of a Federal tions and organizations and public sector en-
(ii) women’s business centers described in agency, department, or organization who re- tities to undertake activities similar to the
section 29 of the Small Business Act (15 ceives a request under paragraph (1) shall, to activities described in paragraphs (1), (2), and
U.S.C. 656); the greatest extent practicable, cooperate (3).
(iii) eligible entities, as that term is de- with the Under Secretary to fulfill that re- (b) PARREN J. MITCHELL ENTREPRENEUR-
fined in section 2411 of title 10, United States quest. SHIP EDUCATION GRANTS.—
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S5844 CONGRESSIONAL RECORD — SENATE August 4, 2021
(1) DEFINITION.—In this subsection, the (5) MINORITY-SERVING INSTITUTION.—The (ii) advanced manufacturing;
term ‘‘eligible institution’’ means an institu- term ‘‘minority-serving institution’’ means (iii) the promotion of manufacturing in the
tion of higher education described in any of an institution described in any of paragraphs United States;
paragraphs (1) through (7) of section 371(a) of (1) through (7) of section 371(a) of the Higher (iv) ways in which rural minority business
the Higher Education Act of 1965 (20 U.S.C. Education Act of 1965 (20 U.S.C. 1067q(a)). enterprises can meet gaps in the supply
1067q(a)). (6) RURAL AREA.—The term ‘‘rural area’’ chain of critical supplies and essential goods
(2) GRANTS.—The Under Secretary shall has the meaning given the term in section and services for the United States;
award grants to eligible institutions to de- 343(a) of the Consolidated Farm and Rural (v) improving the connectivity of rural mi-
velop and implement entrepreneurship cur- Development Act (7 U.S.C. 1991(a)). nority business enterprises through trans-
ricula. (7) RURAL MINORITY BUSINESS ENTERPRISE.— portation and logistics;
(3) REQUIREMENTS.—An eligible institution The term ‘‘rural minority business enter- (vi) promoting trade and export opportuni-
to which a grant is awarded under this sub- prise’’ means a minority business enterprise ties by rural minority business enterprises;
section shall use the grant funds to— located in a rural area. (vii) securing financial capital;
(A) develop a curriculum that includes SEC. lll302. BUSINESS CENTERS. (viii) facilitating entrepreneurship in rural
training in various skill sets needed by con- (a) IN GENERAL.—The Under Secretary may areas; and
temporary successful entrepreneurs, includ- establish MBDA Rural Business Centers. (ix) creating jobs in rural areas; and
ing— (B) any other issue relating to the unique
(b) PARTNERSHIP.—
(i) business management and marketing; challenges faced by rural minority business
(1) IN GENERAL.—With respect to an MBDA
(ii) financial management and accounting; enterprises; and
Rural Business Center established by the
(iii) market analysis; (3) provide education, training, and legal,
Under Secretary, the Under Secretary shall
(iv) competitive analysis; financial, and technical assistance to minor-
establish the MBDA Rural Business Center
(v) innovation; ity business enterprises.
in partnership with an eligible entity in ac- (d) APPLICATIONS.—
(vi) strategic and succession planning; cordance with paragraph (2).
(vii) marketing; (1) IN GENERAL.—Not later than 90 days
(2) MBDA AGREEMENT.— after the date of enactment of this Act, the
(viii) general management; (A) IN GENERAL.—With respect to each
(ix) technology and technology adoption; Under Secretary shall issue a Notice of
MBDA Rural Business Center established by Funding Opportunity requesting applications
(x) leadership; and the Under Secretary, the Under Secretary
(xi) human resources; and from eligible entities that desire to enter
shall enter into a cooperative agreement into MBDA Rural Business Center agree-
(B) implement the curriculum developed with an eligible entity that provides that— ments.
under subparagraph (A) at the eligible insti- (i) the eligible entity shall provide space, (2) CRITERIA AND PRIORITY.—In selecting an
tution. facilities, and staffing for the MBDA Rural eligible entity with which to enter into an
(4) IMPLEMENTATION TIMELINE.—The Under Business Center; MBDA Rural Business Center agreement, the
Secretary shall establish and publish a (ii) the Under Secretary shall provide fund- Under Secretary shall—
timeline under which an eligible institution ing for, and oversight with respect to, the (A) select an eligible entity that dem-
to which a grant is awarded under this sec- MBDA Rural Business Center; and onstrates—
tion shall carry out the requirements under (iii) subject to subparagraph (B), the eligi- (i) the ability to collaborate with govern-
paragraph (3). ble entity shall match 20 percent of the mental and private sector entities to lever-
(5) REPORTS.—Each year, the Under Sec- amount of the funding provided by the Under age capabilities of minority business enter-
retary shall submit to all applicable commit- Secretary under clause (ii), which may be prises through public-private partnerships;
tees of Congress, and as part of the annual calculated to include the costs of providing (ii) the research and extension capacity to
budget submission of the President under the space, facilities, and staffing under support minority business enterprises;
section 1105(a) of title 31, United States clause (i). (iii) knowledge of the community that the
Code, a report evaluating the awarding and (B) LOWER MATCH REQUIREMENT.—Based on eligible entity serves and the ability to con-
use of grants under this subsection during the available resources of an eligible entity, duct effective outreach to that community
the fiscal year immediately preceding the the Under Secretary may enter into a coop- to advance the goals of an MBDA Rural Busi-
fiscal year in which the report is submitted, erative agreement with the eligible entity ness Center;
which shall include, with respect to the fis- that provides that— (iv) the ability to provide innovative busi-
cal year covered by the report— (i) the eligible entity shall match less than ness solutions, including access to con-
(A) a description of each curriculum devel- 20 percent of the amount of the funding pro- tracting opportunities, markets, and capital;
oped and implemented under each grant vided by the Under Secretary under subpara- (v) the ability to provide services that ad-
awarded under this section; graph (A)(ii); or vance the development of science, tech-
(B) the date on which each grant awarded (ii) if the Under Secretary makes a deter- nology, engineering, and math jobs within
under this section was awarded; and mination, upon a demonstration by the eligi- minority business enterprises;
(C) the number of eligible entities that ble entity of substantial need, the eligible (vi) the ability to leverage resources from
were recipients of grants awarded under this entity shall not be required to provide any within the eligible entity to advance an
section. match with respect to the funding provided MBDA Rural Business Center;
TITLE III—RURAL MINORITY BUSINESS by the Under Secretary under subparagraph (vii) that the mission of the eligible entity
CENTER PROGRAM (A)(ii). aligns with the mission of the Agency;
(C) ELIGIBLE FUNDS.—An eligible entity (viii) the ability to leverage relationships
SEC. lll301. DEFINITIONS. may provide matching funds required under with rural minority business enterprises; and
In this title: an MBDA Rural Business Center agreement (ix) a referral relationship with not less
(1) APPROPRIATE CONGRESSIONAL COMMIT- with Federal funds received from other Fed- than 1 community-based organization; and
TEES.—The term ‘‘appropriate congressional eral programs. (B) give priority to an eligible entity
committees’’ means— (3) TERM.—The initial term of an MBDA that—
(A) the Committee on Commerce, Science, Rural Business Center agreement shall be (i) is located in a State or region that has
and Transportation of the Senate; and not less than 3 years. a significant population of socially or eco-
(B) the Committee on Financial Services of (4) EXTENSION.—The Under Secretary and nomically disadvantaged individuals;
the House of Representatives. an eligible entity may agree to extend the (ii) has a history of serving socially or eco-
(2) ELIGIBLE ENTITY.—The term ‘‘eligible term of an MBDA Rural Business Center nomically disadvantaged individuals; or
entity’’ means— agreement with respect to an MBDA Rural (iii) in the determination of the Under Sec-
(A) a minority-serving institution; or Business Center. retary, has not received an equitable alloca-
(B) a consortium of institutions of higher (c) FUNCTIONS.—An MBDA Rural Business tion of land and financial resources under—
education that is led by a minority-serving Center shall— (I) the Act of July 2, 1862 (commonly
institution. (1) primarily serve clients that are— known as the ‘‘First Morrill Act’’) (12 Stat.
(3) MBDA RURAL BUSINESS CENTER.—The (A) rural minority business enterprises; or 503, chapter 130; 7 U.S.C. 301 et seq.); or
term ‘‘MBDA Rural Business Center’’ means (B) minority business enterprises that are (II) the Act of August 30, 1890 (commonly
an MBDA Business Center that provides located more than 50 miles from an MBDA known as the ‘‘Second Morrill Act’’) (26 Stat.
technical business assistance to minority Business Center (other than that MBDA 417, chapter 841; 7 U.S.C. 321 et seq.).
business enterprises located in rural areas. Rural Business Center); (3) CONSIDERATIONS.—In determining
(4) MBDA RURAL BUSINESS CENTER AGREE- (2) focus on— whether to enter into an MBDA Rural Busi-
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MENT.—The term ‘‘MBDA Rural Business (A) issues relating to— ness Center agreement with an eligible enti-
Center agreement’’ means an MBDA Busi- (i) the adoption of broadband internet ac- ty under this section, the Under Secretary
ness Center agreement that establishes the cess service (as defined in section 8.1(b) of shall consider the needs of the eligible enti-
terms by which the recipient of the Federal title 47, Code of Federal Regulations, or any ty.
assistance award that is the subject of the successor regulation), digital literacy skills, SEC. lll303. REPORT TO CONGRESS.
agreement shall operate an MBDA Rural and e-commerce by rural minority business Not later than 1 year after the date of en-
Business Center. enterprises; actment of this Act, the Under Secretary
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5845
shall submit to the appropriate congres- (A) covered entities with a national pres- accordance with subchapter I of chapter 57 of
sional committees a report that includes— ence; title 5, United States Code.
(1) a summary of the efforts of the Under (B) community-based covered entities; (c) TERMINATION.—Notwithstanding section
Secretary to provide services to minority (C) covered entities with annual budgets 14 of the Federal Advisory Committee Act (5
business enterprises located in States that below $1,000,000; or U.S.C. App.), the Council shall terminate on
lack an MBDA Business Center, as of the (D) covered entities that principally serve the date that is 5 years after the date of en-
date of enactment of this Act, and especially low-income and rural communities. actment of this Act.
in those States that have significant minor- (h) INSPECTOR GENERAL AUDIT.—Not later TITLE VI—FEDERAL COORDINATION OF
ity populations; and than 180 days after the date on which the MINORITY BUSINESS PROGRAMS
(2) recommendations for extending the out- Under Secretary begins making grants under
SEC. lll601. GENERAL DUTIES.
reach of the Agency to underserved areas. this section, the Inspector General of the De-
partment of Commerce shall— The Under Secretary may coordinate, as
SEC. lll304. STUDY AND REPORT.
(1) conduct an audit of grants made under consistent with law, the plans, programs,
(a) IN GENERAL.—The Under Secretary, in
this section, which shall seek to identify any and operations of the Federal Government
coordination with relevant leadership of the
discrepancies or irregularities with respect that affect, or may contribute to, the estab-
Agency and relevant individuals outside of
the Department of Commerce, shall conduct to those grants; and lishment, preservation, and strengthening of
a study that addresses the ways in which mi- (2) submit to Congress a report regarding socially or economically disadvantaged busi-
nority business enterprises can meet gaps in the audit conducted under paragraph (1). ness concerns.
the supply chain of the United States, with a (i) UPDATES TO CONGRESS.—Not later than SEC. lll602. PARTICIPATION OF FEDERAL DE-
90 days after the date on which the Under PARTMENTS AND AGENCIES.
particular focus on the supply chain of ad-
vanced manufacturing and essential goods Secretary makes the designation required The Under Secretary shall—
and services. under subsection (c), and once every 30 days (1) consult with other Federal agencies and
(b) REPORT.—Not later than 1 year after thereafter, the Under Secretary shall submit departments as appropriate to—
the date of enactment of this Act, the Under to Congress a report that contains— (A) develop policies, comprehensive plans,
Secretary shall submit to the appropriate (1) the number of grants made under this and specific program goals for the programs
congressional committees a report that in- section during the period covered by the re- carried out under subtitle B of title I and
cludes the results of the study conducted port; and title III;
under subsection (a), which shall include rec- (2) with respect to the grants described in (B) establish regular performance moni-
ommendations regarding the ways in which paragraph (1)— toring and reporting systems to ensure that
minority business enterprises can meet gaps (A) the geographic distribution of those goals established by the Under Secretary
in the supply chain of the United States. grants by State and county; with respect to the implementation of this
TITLE IV—MINORITY BUSINESS (B) if applicable, demographic information division are being achieved; and
DEVELOPMENT GRANTS with respect to the minority business enter- (C) evaluate the impact of Federal support
SEC. lll401. GRANTS TO NONPROFIT ORGANI- prises served by the covered entities to of socially or economically disadvantaged
ZATIONS THAT SUPPORT MINORITY which the grants were made; and business concerns in achieving the objectives
BUSINESS ENTERPRISES. (C) information regarding the industries of of this division;
(a) DEFINITION.—In this section, the term the minority business enterprises served by (2) conduct a coordinated review of all pro-
‘‘covered entity’’ means a private nonprofit the covered entities to which the grants were posed Federal training and technical assist-
organization that— made. ance activities in direct support of the pro-
(1) is described in paragraph (3), (4), (5), or TITLE V—MINORITY BUSINESS grams carried out under subtitle B of title I
(6) of section 501(c) of the Internal Revenue ENTERPRISES ADVISORY COUNCIL and title III to ensure consistency with pro-
Code of 1986 and exempt from tax under sec- gram goals and to avoid duplication; and
SEC. lll501. PURPOSE.
tion 501(a) of such Code; and (3) convene, for purposes of coordination,
The Under Secretary shall establish the meetings of the heads of such Federal agen-
(2) can demonstrate that a primary activ- Minority Business Enterprises Advisory
ity of the organization is to provide services cies and departments, or their designees, the
Council (referred to in this title as the programs and activities of which may affect
to minority business enterprises, whether ‘‘Council’’) to advise and assist the Agency.
through education, making grants or loans, or contribute to the carrying out of this divi-
SEC. lll502. COMPOSITION AND TERM. sion.
or other similar activities.
(b) PURPOSE.—The purpose of this section (a) COMPOSITION.—The Council shall be
TITLE VII—ADMINISTRATIVE POWERS OF
is to make grants to covered entities to help composed of 9 members of the private sector
THE AGENCY; MISCELLANEOUS PROVI-
those covered entities continue the nec- and 1 representative from each of not fewer
SIONS
essary work of supporting minority business than 10 Federal agencies that support or oth-
erwise have duties that relate to business SEC. lll701. ADMINISTRATIVE POWERS.
enterprises.
(c) DESIGNATION OF OFFICE.— formation, including duties relating to labor (a) IN GENERAL.—In carrying out this divi-
(1) IN GENERAL.—Not later than 180 days development, monetary policy, national se- sion, the Under Secretary may—
after the date of enactment of this Act, the curity, energy, agriculture, transportation, (1) adopt and use a seal for the Agency,
Under Secretary shall designate an office to and housing. which shall be judicially noticed;
make and administer grants under this sec- (b) CHAIR.—The Under Secretary shall des- (2) hold hearings, sit and act, and take tes-
tion. ignate 1 of the private sector members of the timony as the Under Secretary may deter-
(2) CONSIDERATIONS.—In designating an of- Council as the Chair of the Council for a 1- mine to be necessary or appropriate to carry
fice under paragraph (1), the Under Secretary year term. out this division;
(c) TERM.—The Council shall meet at the (3) acquire, in any lawful manner, any
shall ensure that the office designated has
request of the Under Secretary and members property that the Under Secretary deter-
adequate staffing to carry out the respon-
shall serve for a term of 2 years. Members of mines to be necessary or appropriate to
sibilities of the office under this section.
(d) APPLICATION.—A covered entity desir- the Council may be reappointed. carry out this division;
ing a grant under this section shall submit SEC. lll503. DUTIES. (4) with the consent of another Federal
to the Under Secretary an application at (a) IN GENERAL.—The Council shall provide agency, enter into an agreement with that
such time, in such manner, and containing advice to the Under Secretary by— Federal agency to utilize, with or without
such information as the Under Secretary (1) serving as a source of knowledge and in- reimbursement, any service, equipment, per-
may require. formation on developments in areas of the sonnel, or facility of that Federal agency;
(e) PRIORITY.—The Under Secretary shall, economic and social life of the United States (5) coordinate with the heads of the Offices
in carrying out this section, prioritize grant- that affect socially or economically dis- of Small and Disadvantaged Business Utili-
ing an application submitted by a covered advantaged business concerns; zation of Federal agencies;
entity that is located in a federally recog- (2) providing the Under Secretary with in- (6) develop procedures under which the
nized area of economic distress. formation regarding plans, programs, and ac- Under Secretary may evaluate the compli-
(f) USE OF FUNDS.—A covered entity to tivities in the public and private sectors that ance of a recipient of assistance under this
which a grant is made under this section relate to socially or economically disadvan- Act with the requirements of this Act;
may use the grant funds to support the de- taged business concerns; and (7) deobligate assistance provided under
velopment, growth, or retention of minority (3) advising the Under Secretary regard- this Act to a recipient that has dem-
business enterprises. ing— onstrated an insufficient level of perform-
(g) PROCEDURES.—The Under Secretary (A) any measures to better achieve the ob- ance with respect to the assistance, or has
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shall establish procedures to— jectives of this division; and engaged in wasteful or fraudulent spending;
(1) discourage and prevent waste, fraud, (B) problems and matters the Under Sec- and
and abuse by applicants for, and recipients retary refers to the Council. (8) provide that a recipient of assistance
of, grants made under this section; and (b) CAPACITY.—Members of the Council under this Act that has demonstrated an in-
(2) ensure that grants are made under this shall not be compensated for service on the sufficient level of performance with respect
section to a diverse array of covered entities, Council but may be allowed travel expenses, to the assistance, or has engaged in wasteful
which may include— including per diem in lieu of subsistence, in or fraudulent spending, shall be ineligible to
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S5846 CONGRESSIONAL RECORD — SENATE August 4, 2021
receive assistance under this Act for a period of the Department of Commerce, and the (2) $20,000,000 shall be used in each such fis-
determined by the Under Secretary, con- Comptroller General of the United States, or cal year to carry out title III.
sistent with the considerations under section any duly authorized representative of any
180.865 of title 2, Code of Federal Regulations such individual, shall have access, for the SA 2479. Mrs. MURRAY (for herself,
(or any successor regulation), beginning on purpose of audit, investigation, and examina- Mr. DURBIN, Mrs. FEINSTEIN, Mr.
the date on which the Under Secretary tion, to any book, document, paper, record, PADILLA, Ms. CANTWELL, and Mr.
makes the applicable finding. or other material of the Agency or an MBDA KELLY) submitted an amendment in-
(b) USE OF PROPERTY.— Business Center. tended to be proposed to amendment
(1) IN GENERAL.—Subject to paragraph (2), SEC. lll704. REVIEW AND REPORT BY COMP-
in carrying out this division, the Under Sec- TROLLER GENERAL.
SA 2137 proposed by Mr. SCHUMER (for
retary may, without cost (except for costs of Not later than 4 years after the date of en- Ms. SINEMA (for herself, Mr. PORTMAN,
care and handling), allow any public sector actment of this Act, the Comptroller General Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
entity, or any recipient nonprofit organiza- of the United States shall— HEEN, Ms. COLLINS, Mr. TESTER, Ms.
tion, for the purpose of the development of (1) conduct a thorough review of the pro- MURKOWSKI, Mr. WARNER, and Mr. ROM-
minority business enterprises, to use any grams carried out under this division; and NEY)) to the bill H.R. 3684, to authorize
real or tangible personal property acquired (2) submit to Congress a detailed report of funds for Federal-aid highways, high-
by the Agency in carrying out this division. the findings of the Comptroller General of way safety programs, and transit pro-
(2) TERMS, CONDITIONS, RESERVATIONS, AND the United States under the review carried
RESTRICTIONS.—The Under Secretary may out under paragraph (1), which shall in-
grams, and for other purposes; which
impose reasonable terms, conditions, res- clude— was ordered to lie on the table; as fol-
ervations, and restrictions upon the use of (A) an evaluation of the effectiveness of lows:
any property under paragraph (1). the programs in achieving the purposes of On page 2687, line 22, insert ‘‘Provided fur-
SEC. lll702. FEDERAL ASSISTANCE. this division; ther, That, from funds made available under
(a) IN GENERAL.— (B) a description of any failure by any re- this heading in this Act, the Secretary shall
(1) PROVISION OF FEDERAL ASSISTANCE.—To cipient of assistance under this division to provide an additional 23 percent of total
carry out sections lll101, lll102, and comply with the requirements under this di- project costs for any project described in
lll103(a), the Under Secretary may pro- vision; and subsection (d) or (e) of section 5309 of title 49,
vide Federal assistance to public sector enti- (C) recommendations for any legislative or United States Code, that has a Full Funding
ties and private sector entities in the form of administrative action that should be taken Grant Agreement that was entered into
grants or cooperative agreements. to improve the achievement of the purposes under such subsection (d) or (e) on or after
(2) NOTICE.—Not later than 120 days after of this division. January 1, 2017, and that has received an al-
the date on which amounts are appropriated SEC. lll705. BIANNUAL REPORTS; REC- location of funding in any of fiscal years
to carry out this section, the Under Sec- OMMENDATIONS. 2019, 2020, and 2021:’’ after ‘‘fiscal year 2023:’’
retary shall, in accordance with subsection (a) BIANNUAL REPORT.—Not later than 1
(b), broadly publish a statement regarding year after the date of enactment of this Act, SA 2480. Mr. LANKFORD (for Mr.
Federal assistance that will, or may, be pro- and 90 days after the last day of each odd- INHOFE) submitted an amendment in-
vided under paragraph (1) during the fiscal numbered year thereafter, the Under Sec- tended to be proposed to amendment
year for which those amounts are appro- retary shall submit to Congress, and publish SA 2137 proposed by Mr. SCHUMER (for
priated, including— on the website of the Agency, a report of Ms. SINEMA (for herself, Mr. PORTMAN,
(A) the actual, or anticipated, amount of each activity of the Agency carried out
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
Federal assistance that will, or may, be under this division during the period covered
by the report. HEEN, Ms. COLLINS, Mr. TESTER, Ms.
made available;
(B) the types of Federal assistance that (b) RECOMMENDATIONS.—The Under Sec- MURKOWSKI, Mr. WARNER, and Mr. ROM-
will, or may, be made available; retary shall periodically submit to Congress NEY)) to the bill H.R. 3684, to authorize
(C) the manner in which Federal assistance and the President recommendations for leg- funds for Federal-aid highways, high-
will be allocated among public sector enti- islation or other actions that the Under Sec- way safety programs, and transit pro-
ties and private sector entities, as applica- retary determines to be necessary or appro- grams, and for other purposes; which
ble; and priate to promote the purposes of this divi- was ordered to lie on the table; as fol-
(D) the methodology used by the Under sion.
lows:
Secretary to make allocations under sub- SEC. lll706. SEPARABILITY.
If a provision of this division, or the appli- On page 94, line 12, insert ‘‘, and including
paragraph (C).
cation of a provision of this division to any a project authorized by Congress to be car-
(3) CONSULTATION.—The Under Secretary
person or circumstance, is held by a court of ried out by the Secretary of the Army’’ after
shall consult with public sector entities and
competent jurisdiction to be invalid, that ‘‘corridor’’.
private sector entities, as applicable, in de-
On page 124, line 16, insert ‘‘, and including
ciding the amounts and types of Federal as- judgment—
a project authorized by Congress to be car-
sistance to make available under paragraph (1) shall not affect, impair, or invalidate—
ried out by the Secretary of the Army’’ after
(1). (A) any other provision of this division; or
‘‘crossing’’.
(b) PUBLICITY.—In carrying out this sec- (B) the application of this division to any On page 126, line 21, insert ‘‘, and including
tion, the Under Secretary shall broadly pub- other person or circumstance; and a project authorized by Congress to be car-
licize all opportunities for Federal assistance (2) shall be confined in its operation to— ried out by the Secretary of the Army’’ after
available under this section, including (A) the provision of this division with re- ‘‘crossing’’.
through the means required under section spect to which the judgment is rendered; or On page 222, between lines 2 and 3, insert
lll116. (B) the application of the provision of this the following:
SEC. lll703. RECORDKEEPING. division to each person or circumstance di- SEC. 11136. PAYMENTS ON FEDERAL-AID
(a) IN GENERAL.—Each recipient of assist- rectly involved in the controversy in which PROJECTS UNDERTAKEN BY A FED-
ance under this division shall keep such the judgment is rendered. ERAL AGENCY.
records as the Under Secretary shall pre- SEC. lll707. EXECUTIVE ORDER 11625. Section 132 of title 23, United States Code,
scribe, including records that fully disclose, The powers and duties of the Agency shall is amended—
with respect to the assistance received by be determined— (1) in subsection (a)—
the recipient under this division— (1) in accordance with this division and the (A) by redesignating paragraphs (1) and (2)
(1) the amount and nature of that assist- requirements of this division; and as subparagraphs (A) and (B), respectively,
ance; (2) without regard to Executive Order 11625 and indenting appropriately;
(2) the disposition by the recipient of the (36 Fed. Reg. 19967; relating to prescribing (B) in the matter preceding subparagraph
proceeds of that assistance; additional arrangements for developing and (A) (as so redesignated), by striking the sub-
(3) the total cost of the undertaking for coordinating a national program for minor- section designation and heading and all that
which the assistance is given or used; ity business enterprise). follows through ‘‘In a case’’ and inserting
(4) the amount and nature of the portion of SEC. lll708. AUTHORIZATION OF APPROPRIA- the following:
the cost of the undertaking described in TIONS. ‘‘(a) PROJECTS UNDERTAKEN BY A FEDERAL
paragraph (3) that is supplied by a source There are authorized to be appropriated to AGENCY.—
other than the Agency; the Under Secretary $110,000,000 for each of ‘‘(1) IN GENERAL.—Except as provided in
ctelli on DSK11ZRN23PROD with SENATE
(5) the return on investment, as defined by fiscal years 2021 through 2025 to carry out paragraph (2), in a case’’; and
the Under Secretary; and this division, of which— (C) by adding at the end the following:
(6) any other record that will facilitate an (1) a majority shall be used in each such ‘‘(2) CERTAIN PROJECTS UNDERTAKEN BY THE
effective audit with respect to the assist- fiscal year to carry out the MBDA Business SECRETARY OF THE ARMY.—
ance. Center Program under subtitle B of title I, ‘‘(A) IN GENERAL.—Subject to subpara-
(b) ACCESS BY GOVERNMENT OFFICIALS.— including the component of that program re- graphs (B) through (D), in a case in which a
The Under Secretary, the Inspector General lating to specialty centers; and proposed project described in paragraph (10)
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5847
or (11) of section 149(b), clause (iii) or (iv) of transit programs, and for other pur- At the end of subtitle A of title IV of divi-
section 167(h)(5)(B), or clause (vii) or (viii) of poses; which was ordered to lie on the sion B, add the following:
section 117(d)(1)(A) is to be undertaken by table; as follows: SEC. 241ll. SAFETY INCENTIVES TO PREVENT
the Secretary of the Army in accordance OPERATION OF MOTOR VEHICLES
At the end of title VII of division B, add BY INTOXICATED PERSONS.
with an agreement between a State and the
the following: Section 163(e) of title 23, United States
Secretary of the Army, the State may—
SEC. 270ll. WILLIAM T. COLEMAN, JR., FEDERAL Code, is amended—
‘‘(i) direct the Secretary to transfer funds
BUILDING.
for the Federal share of the project directly (1) by redesignating paragraph (3) as para-
(a) IN GENERAL.—The headquarters build- graph (4); and
to the Secretary of the Army; or
ing of the Department located at 1200 New (2) by inserting after paragraph (2) the fol-
‘‘(ii) make such deposit with, or payment
Jersey Avenue, SE, in Washington, DC, shall lowing:
to, the Secretary of the Army as is required
be known and designated as the ‘‘William T. ‘‘(3) FISCAL YEAR 2022 AND THEREAFTER.—
to meet the obligation of the State under the
Coleman, Jr., Federal Building’’. ‘‘(A) RESERVATION OF FUNDS.—Beginning on
agreement for the work undertaken or to be (b) REFERENCES.—Any reference in a law,
undertaken by the Secretary of the Army for October 1, 2021, no amounts apportioned to a
map, regulation, document, paper, or other
the non-Federal share of the project. State under paragraphs (1) or (2) of section
record of the United States to the building
‘‘(B) ADMINISTRATION OF FUNDS.—Amounts 104(b) may be spent in sanctuary jurisdic-
referred to in subsection (a) shall be deemed
transferred under subparagraph (A)(i) or de- tions.
to be a reference to the ‘‘William T. Cole-
posited or paid under subparagraph (A)(ii)— ‘‘(B) DEFINITION OF SANCTUARY JURISDIC-
man, Jr., Federal Building’’.
‘‘(i) shall not be subject to the provisions TION.—
of this title (other than this section); and SA 2483. Mr. CASEY submitted an ‘‘(i) IN GENERAL.—Except as provided under
‘‘(ii) shall be administered by the Sec- subparagraph (ii), for purposes of this para-
amendment intended to be proposed to graph, the term ‘sanctuary jurisdiction’
retary of the Army in accordance with the
Water Resources Development Act of 1986 (33
amendment SA 2137 proposed by Mr. means any State or political subdivision of a
U.S.C. 2201 et seq.). SCHUMER (for Ms. SINEMA (for herself, State that has in effect a statute, ordinance,
‘‘(C) FEDERAL AND NON-FEDERAL SHARE.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- policy, or practice that prohibits or restricts
Notwithstanding section 120, funds trans- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. any government entity or official from—
ferred under subparagraph (A)(i) or deposited TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(I) sending, receiving, maintaining, or ex-
or paid under subparagraph (A)(ii) to the and Mr. ROMNEY)) to the bill H.R. 3684, changing with any Federal, State, or local
Secretary of the Army may be accepted and to authorize funds for Federal-aid high- government entity information regarding
expended by the Secretary of the Army for the citizenship or immigration status (lawful
ways, highway safety programs, and or unlawful) of an individual who is con-
the Federal and non-Federal share, respec-
tively, of a project described in subparagraph
transit programs, and for other pur- victed of violating laws that prohibit the op-
(A). poses; which was ordered to lie on the eration of motor vehicles by intoxicated per-
‘‘(D) SUPPLEMENT; NOT SUPPLANT.— table; as follows: sons; or
Amounts transferred under subparagraph (A) In section 40701 of division D, strike sub- ‘‘(II) complying with a request lawfully
shall supplement, and not supplant, funds section (c) and insert the following: made by the Department of Homeland Secu-
otherwise made available to the Secretary of (c) COVERED ACTIVITIES.— rity under section 236 or 287 of the Immigra-
the Army. (1) IN GENERAL.—Grants under subsection tion and Nationality Act (8 U.S.C. 1226 and
‘‘(E) MODERNIZATION ACTIVITIES.—Amounts (b)(1) shall only be used for activities de- 1357) to comply with a detainer for, or notify
that are transferred under subparagraph scribed in— about the release of, an individual who is
(A)(i) or deposited or paid under subpara- (A) section 402(g)(6) of the Surface Mining convicted of violating laws that prohibit the
graph (A)(ii) to the Secretary of the Army Control and Reclamation Act of 1977 (30 operation of motor vehicles by intoxicated
for a project involving modernization activi- U.S.C. 1232(g)(6)); persons.
ties under section 159 of the Water Resources (B) subsections (a) and (b) of section 403 of ‘‘(ii) EXCEPTION.—A State or political sub-
Development Act of 2020 (Public Law 116–260) that Act (30 U.S.C. 1233); division of a State shall not be deemed a
shall not be eligible for reimbursement by (C) section 410 of that Act (30 U.S.C. 1240); sanctuary jurisdiction based solely on the
the Secretary of the Army to the Secretary or State or political subdivision having a policy
or to the State, respectively, to the extent (D) section 413(d) of that Act (30 under which officials of the State or political
such amounts are obligated by the Secretary U.S.C.1242(d)). subdivision will not share information re-
of the Army for such project.’’; and (2) APPLICATION OF CERTAIN REQUIRE- garding, or comply with a request made by
(2) in subsection (b)— MENTS.— the Department of Homeland Security under
(A) by striking ‘‘described in subsection (A) IN GENERAL.—Notwithstanding any section 236 or 287 of the Immigration and Na-
(a)’’ and inserting ‘‘described in paragraph other provision of law, grants under sub- tionality Act (8 U.S.C. 1226 and 1357) to com-
(1) or (2) of subsection (a)’’; and section (b)(1) may be used for activities de- ply with a detainer regarding, an individual
(B) by striking ‘‘under subsection (a)(2)’’ scribed in subparagraphs (A) and (D) of para- who comes forward as a victim or a witness
and inserting ‘‘under paragraph (1)(B) or graph (1) without regard to whether the site to a criminal offense.’’.
(2)(A)(ii) of subsection (a)’’. of the activities is adjacent to a site that has
been or will be reclaimed under paragraph (1) SA 2485. Mr. LEE submitted an
SA 2481. Mr. PAUL submitted an or (2) of section 403(a) of the Surface Mining amendment intended to be proposed to
amendment intended to be proposed to Control and Reclamation Act of 1977 (30 amendment SA 2137 proposed by Mr.
amendment SA 2137 proposed by Mr. U.S.C. 1233(a)). SCHUMER (for Ms. SINEMA (for herself,
SCHUMER (for Ms. SINEMA (for herself, (B) ACID MINE DRAINAGE ABATEMENT AND
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
TREATMENT.—Funds from a grant under sub-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
section (b)(1) may be used for activities de-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER,
scribed in section 402(g)(6) of the Surface
TESTER, Ms. MURKOWSKI, Mr. WARNER, Mining Control and Reclamation Act of 1977 and Mr. ROMNEY)) to the bill H.R. 3684,
and Mr. ROMNEY)) to the bill H.R. 3684, (30 U.S.C. 1232(g)(6)) without regard to to authorize funds for Federal-aid high-
to authorize funds for Federal-aid high- whether the activities are carried out within ways, highway safety programs, and
ways, highway safety programs, and a qualified hydrologic unit (as defined in sec- transit programs, and for other pur-
transit programs, and for other pur- tion 402(g)(6)(B) of the Surface Mining Con- poses; which was ordered to lie on the
poses; which was ordered to lie on the trol and Reclamation Act of 1977 (30 U.S.C.
table; as follows:
table; as follows: 1232(g)(6)(B))).
At the end, add the following:
On page 2700, strike line 17 and all that fol-
SA 2484. Mr. HAGERTY submitted an DIVISION K—PROHIBITION ON USE OF
lows through page 2702, line 3. FUNDS
amendment intended to be proposed to
SA 2482. Mr. WICKER (for himself amendment SA 2137 proposed by Mr. SEC. llll01. PROHIBITION ON USE OF FUNDS.
and Mr. WARNOCK) submitted an SCHUMER (for Ms. SINEMA (for herself, No funds made available under this Act or
amendment intended to be proposed to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- an amendment made by this Act may be used
for the Civilian Climate Corps established
amendment SA 2137 proposed by Mr. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
pursuant to Executive Order 14008 (86 Fed.
SCHUMER (for Ms. SINEMA (for herself, TESTER, Ms. MURKOWSKI, Mr. WARNER,
ctelli on DSK11ZRN23PROD with SENATE
Reg. 7619 (February 1, 2021); relating to tack-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and Mr. ROMNEY)) to the bill H.R. 3684, ling the climate crisis at home and abroad).
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to authorize funds for Federal-aid high-
TESTER, Ms. MURKOWSKI, Mr. WARNER, ways, highway safety programs, and SA 2486. Mr. GRASSLEY submitted
and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- an amendment intended to be proposed
to authorize funds for Federal-aid high- poses; which was ordered to lie on the to amendment SA 2137 proposed by Mr.
ways, highway safety programs, and table; as follows: SCHUMER (for Ms. SINEMA (for herself,
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S5848 CONGRESSIONAL RECORD — SENATE August 4, 2021
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- On page 2650, line 3, insert ‘‘or biofuel fuel- proposed to amendment SA 2137 pro-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ing stations’’ before the comma. posed by Mr. SCHUMER (for Ms. SINEMA
TESTER, Ms. MURKOWSKI, Mr. WARNER, On page 2650, line 4, insert ‘‘or biofuel fuel- (for herself, Mr. PORTMAN, Mr.
ing stations’’ after ‘‘charging stations’’.
and Mr. ROMNEY)) to the bill H.R. 3684, øOn page 2650, line 5, insert ‘‘or biofuel’’
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
to authorize funds for Federal-aid high- after ‘‘electric’’.¿ Ms. COLLINS, Mr. TESTER, Ms. MUR-
ways, highway safety programs, and On page 2650, line 6, insert ‘‘or biofuel fuel- KOWSKI, Mr. WARNER, and Mr. ROMNEY))
transit programs, and for other pur- ing stations’’ after ‘‘charging stations’’. to the bill H.R. 3684, to authorize funds
poses; which was ordered to lie on the øOn page 2650, line 7, insert ‘‘or biofuel’’ for Federal-aid highways, highway
table; as follows: after ‘‘electric’’.¿ safety programs, and transit programs,
On page 2650, strike lines 13 and 14 and in- and for other purposes; which was or-
On page 2642, line 20, strike ‘‘National
sert ‘‘scenarios for electric and biofuel vehi- dered to lie on the table; as follows:
Electric Vehicle Formula Program’’ and in-
cles and electric vehicle charging stations or
sert ‘‘National Electric Vehicle and Biofuel At the end of subtitle A of title II of divi-
biofuel fueling stations: Provided further,
Infrastructure Formula Program’’. sion B, add the following:
That not later’’.
On page 2642, line 23, insert ‘‘or biofuel in- On page 2650, line 22, insert ‘‘or biofuel in- SEC. 22108. SENSE OF THE SENATE REGARDING
frastructure’’ after ‘‘charging infrastruc- frastructure’’ before ‘‘under’’.
TRANSFER OF AMTRAK FUNDS.
ture’’. On page 2650, line 24, insert ‘‘or biofuel in- It is the sense of the Senate that, of the
On page 2643, line 3, insert ‘‘or biofuel in- funds made available for Amtrak under this
frastructure’’ before ‘‘under’’.
frastructure’’ after ‘‘charging infrastruc- On page 2651, line 6, insert ‘‘or biofuel in- title for fiscal years 2022 through 2026—
ture’’. frastructure’’ after ‘‘charging infrastruc- (1) $1,000,000,000 of such funds should be
On page 2643, line 8, insert ‘‘or biofuel in- ture’’. transferred to the Secretary of Energy for
frastructure’’ after ‘‘infrastructure’’. On page 2651, line 8, insert ‘‘or biofuel in- uranium enrichment activities for each of
On page 2643, line 9, insert ‘‘or biofuel in- frastructure’’ before ‘‘locations’’. fiscal years 2022 through 2026; and
frastructure’’ after ‘‘charging infrastruc- øOn page 2651, line 12, insert ‘‘and biofuel (2) $300,000,000 of such funds should be
ture’’. infrastructure’’ before ‘‘corridors’’.¿ transferred to the Secretary of Energy for
On page 2643, line 22, insert ‘‘Provided fur- On page 2651, line 15, insert ‘‘or biofuel in- lithium extraction or purification activities
ther, That of the funds distributed to each frastructure’’ before ‘‘to support’’. for each of fiscal years 2022 through 2026.
State under the previous proviso, each State On page 2651, line 24, insert ‘‘or biofuel in-
may determine how to allocate such funds frastructure’’ after ‘‘charging infrastruc-
SA 2490. Mr. CRUZ (for himself, Mr.
for electric vehicle charging infrastructure ture’’. LUJÁN, Mr. CORNYN, and Mr. HEINRICH)
or biofuel infrastructure projects, respec- øOn page 2651, line 25, insert ‘‘and biofuel submitted an amendment intended to
tively:’’ after ‘‘Code:’’. infrastructure’’ before ‘‘corridors’’.¿ be proposed to amendment SA 2137 pro-
On page 2644, line 19, insert ‘‘or biofuel in- On page 2652, line 21, insert ‘‘or biofuel in- posed by Mr. SCHUMER (for Ms. SINEMA
frastructure’’ after ‘‘charging infrastruc- frastructure’’ after ‘‘charging infrastruc- (for herself, Mr. PORTMAN, Mr.
ture’’. ture’’.
On page 2646, line 15, insert ‘‘or biofuel in- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
øOn page 2654, line 4, insert ‘‘or biofuel ve-
frastructure’’ after ‘‘charging infrastruc- Ms. COLLINS, Mr. TESTER, Ms. MUR-
hicle’’ after ‘‘electric vehicle’’.¿
ture’’. øOn page 2655, line 7, insert ‘‘or biofuel KOWSKI, Mr. WARNER, and Mr. ROMNEY))
øOn page 2646, line 20, insert ‘‘or fueling’’ fueling stations’’ after ‘‘stations’’.¿ to the bill H.R. 3684, to authorize funds
after ‘‘the charging’’.¿ øOn page 2655, line 8, insert ‘‘or biofuel for Federal-aid highways, highway
On page 2646, line 21, insert ‘‘or biofuel in- fueling stations’’ after ‘‘stations’’.¿ safety programs, and transit programs,
frastructure’’ after ‘‘charging infrastruc- øOn page 2655, line 11, insert ‘‘or biofuel and for other purposes; which was or-
ture’’. fueling stations’’ after ‘‘stations’’.¿ dered to lie on the table; as follows:
On page 2646, line 25, insert ‘‘or biofuel in-
frastructure’’ after ‘‘charging infrastruc- On page 443, lines 4 and 5, strike ‘‘in the
SA 2487. Mr. SULLIVAN (for himself first sentence by striking’’ and insert the fol-
ture’’. and Mr. WHITEHOUSE) submitted an
On page 2647, line 8, insert ‘‘or biofuel in- lowing: ‘‘in the first sentence—
amendment intended to be proposed to (1) by inserting ‘‘clauses (i) and (iv) of sub-
frastructure’’ after ‘‘charging infrastruc-
ture’’.
amendment SA 2137 proposed by Mr. section (c)(38)(A),’’ after ‘‘subsection
On page 2647, line 14, insert ‘‘or biofuel in- SCHUMER (for Ms. SINEMA (for herself, (c)(37),’’; and
frastructure’’ after ‘‘charging infrastruc- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (2) by striking
ture’’. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
SA 2491. Ms. DUCKWORTH (for her-
On page 2647, line 24, insert ‘‘or biofuel in- TESTER, Ms. MURKOWSKI, Mr. WARNER,
frastructure’’ after ‘‘charging infrastruc- self and Mr. INHOFE) submitted an
and Mr. ROMNEY)) to the bill H.R. 3684,
ture’’. amendment intended to be proposed to
to authorize funds for Federal-aid high-
On page 2648, line 1, insert ‘‘or biofuel in- amendment SA 2137 proposed by Mr.
ways, highway safety programs, and
frastructure’’ after ‘‘charging infrastruc- SCHUMER (for Ms. SINEMA (for herself,
ture’’.
transit programs, and for other pur-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
On page 2648, line 5, insert ‘‘or biofuel in- poses; which was ordered to lie on the
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
frastructure’’ after ‘‘infrastructure’’. table; as follows:
TESTER, Ms. MURKOWSKI, Mr. WARNER,
On page 2648, line 12, insert ‘‘or biofuel in- On page 2477, line 12, of the amendment, in-
and Mr. ROMNEY)) to the bill H.R. 3684,
frastructure’’ before the semicolon. sert ‘‘, including to establish the Marine De-
On page 2648, line 14, insert ‘‘or biofuel in- bris Foundation established by section 111(a) to authorize funds for Federal-aid high-
frastructure’’ before the comma. of the Save Our Seas 2.0 Act (33 U.S.C. ways, highway safety programs, and
On page 2648, line 22, insert ‘‘or biofuel in- 4211(a))’’ after ‘‘removal’’. transit programs, and for other pur-
frastructure’’ after ‘‘charging infrastruc- poses; which was ordered to lie on the
ture’’. SA 2488. Mr. SULLIVAN (for himself table; as follows:
On page 2649, line 7, insert ‘‘or biofuel in- and Mr. WHITEHOUSE) submitted an At the appropriate place in division I, in-
frastructure’’ after ‘‘charging infrastruc- amendment intended to be proposed to sert the following:
ture’’. amendment SA 2137 proposed by Mr. SEC. ll. FEDERAL CHARTER FOR THE NA-
On page 2649, line 9, insert ‘‘or biofuel in- TIONAL CENTER FOR THE ADVANCE-
frastructure’’ after ‘‘charging infrastruc-
SCHUMER (for Ms. SINEMA (for herself,
MENT OF AVIATION.
ture’’. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (a) IN GENERAL.—Chapter 1 of Subtitle I of
On page 2649, line 14, insert ‘‘or biofuel in- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. title 49, United States Code, is amended by
frastructure’’ after ‘‘charging infrastruc- TESTER, Ms. MURKOWSKI, Mr. WARNER, adding at the end the following new section:
ture’’. and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘SEC. 118. NATIONAL CENTER FOR THE AD-
On page 2649, line 17, insert ‘‘or biofuel in- to authorize funds for Federal-aid high- VANCEMENT OF AVIATION.
frastructure’’ after ‘‘charging infrastruc- ways, highway safety programs, and ‘‘(a) FEDERAL CHARTER AND STATUS.—
ture’’. transit programs, and for other pur- ‘‘(1) IN GENERAL.—The National Center for
On page 2649, line 21, insert ‘‘or biofuel in- the Advancement of Aviation (in this section
poses; which was ordered to lie on the
ctelli on DSK11ZRN23PROD with SENATE
frastructure’’ before the comma. referred to as the ‘Center’) is a Federally
øOn page 2649, line 25, insert ‘‘or biofuel ve- table; as follows: chartered entity. The Center is a private en-
hicle owners’’ after ‘‘owners’’.¿ On page 2598, line 14, strike ‘‘302(a)’’ and in- tity, not a department, agency, or instru-
øOn page 2650, line 1, insert ‘‘or biofuel ve- sert ‘‘302’’. mentality of the United States Government.
hicles’’ after ‘‘electric vehicles’’.¿ Except as provided in subsection (f)(1), an of-
øOn page 2650, line 2, insert ‘‘or biofuel’’ SA 2489. Mrs. BLACKBURN sub- ficer or employee of the Center is not an offi-
before ‘‘required’’.¿ mitted an amendment intended to be cer or employee of the Federal Government.
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5849
‘‘(2) PERPETUAL EXISTENCE.—Except as oth- ‘‘(A) MEETINGS.— aviation and aerospace in order to address
erwise provided, the Center has perpetual ex- ‘‘(i) IN GENERAL.—The Board shall meet at the demands and challenges associated with
istence. the call of the Chair but not less than 2 ensuring a safe and vibrant national aviation
‘‘(b) GOVERNING BODY.— times each year and may, as appropriate, system as identified by the Board. In fur-
‘‘(1) IN GENERAL.—The Board of Directors conduct business by telephone or other elec- therance of that purpose, the constitution
(in this section referred to as the ‘Board’) is tronic means. and bylaws of the Center shall direct the
the governing body of the Center. ‘‘(ii) OPEN.— Center to focus on the following:
‘‘(2) AUTHORITY AND POWERS.— ‘‘(I) IN GENERAL.—Except as provided in ‘‘(1) The development and sustainability of
‘‘(A) IN GENERAL.—The Board shall adopt a clause (II), a meeting of the Board shall be a well-qualified, well-trained civil and mili-
constitution, bylaws, regulations, policies, open to the public. tary aviation and aerospace workforce.
and procedures to carry out the purpose of ‘‘(II) EXCEPTION.—A meeting, or any por- ‘‘(2) The conduct of research and develop-
the Center and may take any other action tion of a meeting, may be closed if the ment of new aviation and aerospace training
that it considers necessary (in accordance Board, in public session, votes to close the materials and products.
with the duties and powers of the Center) for meeting because the matters to be dis- ‘‘(3) The coordination of the dissemination
the management and operation of the Cen- cussed— of grants for the development of aviation and
ter. The Board is responsible for the general ‘‘(aa) relate solely to the internal per- aerospace oriented high school STEM edu-
policies and management of the Center and sonnel rules and practices of the Center; cation curriculum.
for the control of all funds of the Center. ‘‘(bb) may result in disclosure of commer- ‘‘(4) The facilitation of collaboration be-
‘‘(B) POWERS OF BOARD.—The Board shall cial or financial information obtained from a tween institutions of higher education or
have the power to do the following: person that is privileged or confidential; other research institutions engaged in avia-
‘‘(i) Adopt and alter a corporate seal. ‘‘(cc) may disclose information of a per- tion, aerospace or related research or tech-
‘‘(ii) Establish and maintain offices to con- sonal nature where disclosure would con- nical development, including those institu-
duct its activities. stitute a clearly unwarranted invasion of tions designated as Centers of Excellence or
‘‘(iii) Enter into contracts. personal privacy; or Test Centers of the Federal Aviation Admin-
‘‘(iv) Acquire, own, lease, encumber, and ‘‘(dd) are matters that are specifically ex- istration and aviation and aerospace stake-
transfer property as necessary and appro- empted from disclosure by Federal or State holders.
priate to carry out the purposes of the Cen- law. ‘‘(5) The engagement in other workforce
ter. ‘‘(iii) PUBLIC ANNOUNCEMENT.—At least 1 development activities consistent with ad-
‘‘(v) Publish documents and other publica- week before a meeting, and as soon as prac- dressing the demands and challenges facing
tions in a publicly accessible manner. ticable thereafter if there are any changes, the aviation and aerospace industry.
‘‘(vi) Incur and pay obligations. the Board shall make a public announcement
‘‘(vii) Make or issue grants and include any of the meeting that describes— ‘‘(d) DUTIES OF CENTER.—In order to ac-
conditions on such grants in furtherance of ‘‘(I) the time, place, and subject matter of complish the purpose described in subsection
the purpose and duties of the Center. the meeting; (c), the Center shall perform the following
‘‘(viii) Perform any other act necessary ‘‘(II) whether the meeting is to be open or duties:
and proper to carry out the purposes of the closed to the public; and ‘‘(1) Support the development of aviation
Center as described in its constitution and ‘‘(III) the name and appropriate contact in- and aerospace education curricula, including
bylaws or duties outlined in this section. formation of a person who can respond to re- syllabuses and lesson plans, for use by high
‘‘(3) MEMBERSHIP OF THE BOARD.— quests for information about the meeting. schools, institutions of higher education,
‘‘(A) IN GENERAL.—The Board shall have 11 ‘‘(iv) RECORD.—The Board shall keep a secondary education institutions, or tech-
Directors as follows: transcript of minutes from each Board meet- nical training and vocational schools that
‘‘(i) EX-OFFICIO MEMBERSHIP.—The fol- ing. Such transcript shall be made available are designed to prepare students to enter the
lowing individuals, or their designees, shall to the public in an accessible format, except aviation or aerospace workforce by becoming
serve as ex-officio members of the Board: for portions of the meeting that are closed aircraft pilots, aerospace engineers, un-
‘‘(I) The Administrator of the Federal pursuant to subparagraph (A)(ii)(II). manned aircraft system operators, aviation
Aviation Administration. ‘‘(B) QUORUM.—A majority of members of maintenance technicians, or other aviation
‘‘(II) The Director of the William J. Hughes the Board shall constitute a quorum. maintenance professionals, or to refresh the
Technical Center within the Federal Avia- ‘‘(C) RESTRICTION.—No member of the knowledge of pilots or any of the aforemen-
tion Administration. Board shall participate in any proceeding, tioned individuals working in the aviation or
‘‘(III) The Director of the Mike Monroney application, ruling or other determination, aerospace sector.
Aeronautical Center within the Federal contract claim, scholarship award, con- ‘‘(2) Support the professional development
Aviation Administration. troversy, or other matter in which the mem- of educators using the curriculum described
‘‘(ii) APPOINTMENTS.— ber, the member’s employer or prospective in paragraph (1) and subparagraphs (A) and
‘‘(I) IN GENERAL.—From among those mem- employer, or the member’s spouse, partner, (B) of subsection (e)(1) by organizing sympo-
bers of the public who are highly respected or minor child has a direct financial interest. siums designed to assist educators who are
and have knowledge and experience in the Any person who violates this subparagraph teaching or who wish to teach the aviation
fields of aviation, finance, or academia— shall be subject to applicable Federal and curriculum.
‘‘(aa) the Secretary of Transportation shall State laws and may be fined not more than ‘‘(3) Promote aviation and aerospace em-
appoint 5 members to the Board; $10,000, imprisoned for not more than 2 years, ployment opportunities generally, including
‘‘(bb) the Secretary of Defense shall ap- or both. building awareness of youth oriented avia-
point 1 member to the Board; and ‘‘(D) EXECUTIVE DIRECTOR.—The Board tion and aerospace programs (such as the
‘‘(cc) the Secretary of Veterans Affairs shall appoint and fix the pay of an Executive Civil Air Patrol, Young Eagles program, and
shall appoint 1 member to the Board. Director of the Center (in this section re- Reserve Officers Training Corps) and estab-
‘‘(II) TERMS.—The members appointed ferred to as the ‘Executive Director’) who lishing scholarships, apprenticeships, or
under subclause (I) shall serve for a term of shall also become a member of the Board. mentorship programs for individuals, includ-
3 years and may be reappointed. To ensure The Executive Director serves at the pleas- ing individuals in economically disadvan-
subsequent appointments to the Board are ure of the Board, under such terms and con- taged areas or individuals who are underrep-
staggered, of the 7 members first appointed ditions as the Board shall establish and is resented in the aviation industry and who
under subclause (I), 2 shall be appointed for subject to removal by the Board at its dis- wish to pursue a career in an aviation- or
a term of 1 year, 2 shall be appointed for a cretion. The Executive Director shall be re- aerospace-related field.
term of 2 years, and 3 shall be appointed for sponsible for the daily management and op- ‘‘(4) Support of Armed Forces personnel
a term of 3 years. eration of the Center and for carrying out seeking to transition to a career in civil
‘‘(III) CONSIDERATION.—When considering the purposes and duties of the Center. The aviation or an aerospace related field
whom to appoint to the Board, the Secretary Board shall designate to the Executive Di- through outreach, training, apprenticeships,
of Transportation and Secretary of Defense rector the authority to appoint additional or other means.
shall ensure the overall composition of the personnel as the Board considers appropriate ‘‘(5) Serve as a central repository for pub-
Board remains balanced between and within and necessary to carry out the purposes and licly available economic data, safety data,
the fields of aviation, finance, and academia. duties of the Center. and research efforts related to the aviation
‘‘(iii) EXECUTIVE DIRECTOR.—The Executive ‘‘(c) PURPOSE OF THE CENTER.—The purpose and aerospace sectors in order to make avail-
Director of the Center shall be a member of of the Center is to provide a forum to facili- able to the public information that high-
the Board pursuant to paragraph (5)(D). tate collaboration and cooperation between lights the economic impact of aviation and
ctelli on DSK11ZRN23PROD with SENATE
‘‘(B) VACANCIES.—A vacancy on the Board aviation and aerospace private sector stake- aerospace and information that would im-
shall be filled in the same manner as the ini- holders, including general, business, and prove the safety of aviation and aerospace.
tial appointment. commercial aviation, education, labor, man- The Center shall periodically, as appro-
‘‘(4) CHAIRMAN OF THE BOARD.—The Board ufacturing, the Armed Forces, and other gov- priate, publicize an analysis of such data in
shall choose a Chairman of the Board from ernmental, non-governmental, and inter- an accessible format. In particular, the Cen-
among the members of the Board. national organizations, for the purpose of ter shall coordinate with existing FAA Cen-
‘‘(5) ADMINISTRATIVE MATTERS.— supporting and promoting civil and military ters of Excellence to do the following:
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S5850 CONGRESSIONAL RECORD — SENATE August 4, 2021
‘‘(A) Ensure research and development ef- ‘‘(2) STOCKS AND DIVIDENDS.—The Center nal Revenue Code as an organization de-
forts conducted at Centers of Excellence of may not issue stock or declare or pay a divi- scribed in section 501(c)(3) of that Code.
the Federal Aviation Administration are dend. ‘‘(l) ANNUAL REPORT.—The Center shall
tracked, collected, and amplified across the ‘‘(3) POLITICAL ACTIVITIES.—The Center submit an annual report to Congress on the
aviation and aerospace community. shall be nonpolitical and may not provide fi- activities of the Center during the prior
‘‘(B) Provide a repository of pertinent rec- nancial aid or assistance to, or otherwise year.
ommendations or other action items from all promote the candidacy of, an individual ‘‘(m) FUNDING.—In order to carry out this
Centers of Excellence for public review. seeking elective public office. The Center section, notwithstanding any other provision
‘‘(C) Serve as a collaborative forum for may not engage in activities that are, di- of law, an amount equal to 5 percent of the
Centers of Excellence institution research- rectly, or indirectly, intended to be or likely interest from investment credited to the Air-
ers, stakeholders, and other interested par- to be perceived as advocating or influencing port and Airway Trust Fund shall be trans-
ties for the purpose of discussing research ef- the legislative process. ferred annually as a direct lump sum pay-
forts. ‘‘(4) DISTRIBUTION OF INCOME OR ASSETS.— ment on the first day of October to the Cen-
‘‘(6) Serve as a forum, through sympo- The assets of the Center may not inure to ter to carry out this section and shall be
siums, conferences, and other means as ap- the benefit of a member of the Board, or an available until expended without further act
propriate, for cross-disciplinary collabora- officer or employee of the Center or be dis- of appropriation.’’.
tion among aviation and aerospace stake- tributed to any person. This subsection does (b) CLERICAL AMENDMENT.—The analysis
holders to consider the near-term and long- not prevent the payment of reasonable com- for chapter 1 of subtitle 1 of title 49, United
term future of aviation and aerospace gen- pensation to an officer, employee, or other States Code, is amended by inserting after
erally with respect to new training materials person or reimbursement for actual and nec- the item relating to section 117 the fol-
and products. essary expenses in amounts approved by the lowing:
‘‘(e) GRANTS.— Board. ‘‘118. National Center for the Advancement
‘‘(1) IN GENERAL.—In order to accomplish ‘‘(5) LOANS.—The Center may not make a of Aviation.’’.
the purpose under subsection (c) and duties loan to a member of the Board or an officer ---
under subsection (d), the Center shall have or employee of the Center. SA 2492. Mr. LANKFORD (for Mr.
the authority and ability to issue grants to ‘‘(6) NO CLAIM OF GOVERNMENTAL APPROVAL INHOFE) submitted an amendment in-
organizations that have experience in, and OR AUTHORITY.—The Center may not claim tended to be proposed to amendment
knowledge of, creating, developing, and de- approval of Congress or of the authority of SA 2137 proposed by Mr. SCHUMER (for
livering or updating— the United States for any of its activities.
‘‘(h) ADVISORY COMMITTEE.— Ms. SINEMA (for herself, Mr. PORTMAN,
‘‘(A) high school aviation curricula, includ- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
ing syllabuses and lesson plans, that are de- ‘‘(1) IN GENERAL.—The Executive Director
shall appoint members to an advisory com- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
signed to prepare students to become air-
craft pilots, aerospace engineers, unmanned mittee subject to the approval by the Board. MURKOWSKI, Mr. WARNER, and Mr. ROM-
aircraft system operators, aviation mainte- Members of the Board of the Center may not NEY)) to the bill H.R. 3684, to authorize
nance technicians, or other aviation mainte- sit on the advisory committee. funds for Federal-aid highways, high-
nance professionals, or to refresh the knowl- ‘‘(2) MEMBERSHIP.—The advisory com- way safety programs, and transit pro-
mittee shall consist of 15 members who rep-
edge of out-of-practice pilots or any of the grams, and for other purposes; which
aforementioned individuals; or resent a balance of various aviation stake-
holder groups. The advisory committee shall was ordered to lie on the table; as fol-
‘‘(B) aviation curricula, including sylla- lows:
buses and lesson plans, used at institutions choose a Chairman and Vice Chairman of the
advisory committee from among members of On page 2486, line 17, insert ‘‘Provided fur-
of higher education, secondary education in-
the advisory committee. Members of the ad- ther, That in allocating funds under the pre-
stitutions, or by technical training and voca-
visory committee shall be appointed for a vious proviso, the Secretary of the Army
tional schools, that are designed to prepare
term of 5 years. shall prioritize channel deepening projects:’’
students to become aircraft pilots, aerospace
‘‘(3) DUTIES.—The advisory committee after ‘‘projects:’’.
engineers, unmanned aircraft system opera- On page 1738, line 25, insert ‘‘, including to
tors, or aviation maintenance technicians, or shall—
‘‘(A) provide recommendations to the be leveraged through performance con-
to refresh the knowledge of out-of-practice tracting’’ after ‘‘expended’’.
pilots or any of the aforementioned individ- Board on an annual basis regarding the pri-
orities for the Center’s activities; At the end of title VIII of division D, add
uals. the following:
‘‘(2) LIMITATION.—No organization that re- ‘‘(B) provide advice to the Board on an on-
going basis regarding the appropriate powers SEC. 408llll. REGENERATIVE GRAZING DATA
ceives a grant under this subsection shall COLLECTION.
sell or make a profit from the creation, de- of the Board to accomplish the purposes and
duties of the Center; (a) DEFINITIONS.—In this section:
velopment, delivery, or updating of aviation (1) FEDERAL LAND.—The term ‘‘Federal
curricula. ‘‘(C) provide data and information to the
Center to aid the Center in carrying out its land’’ means—
‘‘(f) ADMINISTRATIVE MATTERS OF THE CEN- (A) public lands (as defined in section 103 of
duties; and
TER.— the Federal Land Policy and Management
‘‘(D) nominate United States citizens for
‘‘(1) DETAILEES.— Act of 1976 (43 U.S.C. 1702)); and
consideration by the Board to be honored by
‘‘(A) IN GENERAL.—At the request of the (B) National Forest System land.
the Center for their work in promoting avia-
Center, the head of any Federal agency or (2) PROGRAM.—The term ‘‘program’’ means
tion or aviation education in the United
department may detail to the Center, on a the pilot program established under sub-
States.
reimbursable basis, any employee of the section (b)(1).
‘‘(4) MEETINGS.—The provisions for meet-
agency or department. (3) SECRETARIES.—The term ‘‘Secretaries’’
ings of the Board under subsection (c)(1)
‘‘(B) CIVIL SERVICE STATUS.—The detail of means the Secretary of Agriculture (acting
shall apply to meetings of the advisory com-
an employee under subparagraph (A) shall be through the Chief of the Forest Service) and
mittee.
without interruption or loss of civil service ‘‘(i) WORKING GROUPS.— the Secretary of the Interior (acting through
status or privilege. ‘‘(1) IN GENERAL.—The Board may establish the Director of the Bureau of Land Manage-
‘‘(2) NAMES AND SYMBOLS.—The Center may and appoint the membership of working ment), acting jointly.
use proceeds derived from the Center’s use of groups for a time and for a specific reason as (b) PILOT PROGRAM FOR USE OF REGENERA-
the exclusive right to use its name and seal, necessary and appropriate. TIVE GRAZING ON FEDERAL LAND TO MITIGATE
emblems, and badges incorporating such ‘‘(2) MEMBERSHIP.—Any working group es- THE EFFECTS OF CLIMATE CHANGE.—
name as lawfully adopted by the Board of Di- tablished by the Board shall have members (1) ESTABLISHMENT.—Not later than 1 year
rectors in furtherance of the purpose and du- representing a balance of various aviation after the date of enactment of this Act, the
ties of the Center. stakeholder groups. Once established, the Secretaries shall establish a pilot program
‘‘(3) GIFTS, GRANTS, BEQUESTS, AND DE- membership of such working group shall to study the effectiveness of using grazing on
VISES.—The Center may accept, use, and dis- Federal land to mitigate the effects of cli-
choose a Chairman from among the members
pose of gifts, grants, bequests, or devises of of the working group. mate change.
money, services, or property from any public ‘‘(3) TERMINATION.—Any working group es- (2) REQUIREMENTS.—In carrying out the
or private source for the purpose of covering tablished by the Board under this subsection program, the Secretaries shall—
the costs incurred by the Center in further- shall be constituted for a time period of not (A) identify—
ance of the purpose and duties of the Center. more than 3 years. (i) a standard set of practices to study,
ctelli on DSK11ZRN23PROD with SENATE
‘‘(4) VOLUNTARY SERVICES.—The Center ‘‘(j) RECORDS OF ACCOUNTS.—The Center such as carbon beneficial practices in the
may accept from any person voluntary serv- shall keep correct and complete records of conservation practice standards of the Nat-
ices to be provided in furtherance of the pur- accounts. ural Resources Conservation Service, that
pose and duties of the Center. ‘‘(k) DUTY TO MAINTAIN TAX-EXEMPT STA- support conservation goals, including—
‘‘(g) RESTRICTIONS ON THE CENTER.— TUS.—The Center shall be operated in a man- (I) silvopasture;
‘‘(1) PROFIT.—The Center may not engage ner and for purposes that qualify the Center (II) practices that provide wildlife habitat
in business activity for profit. for exemption from taxation under the Inter- benefits;
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5851
(III) practices that consider flexibility in ment intended to be proposed to (3) USE OF FUNDS.—Funds made available
season of use; amendment SA 2137 proposed by Mr. to carry out the program may be used for—
(IV) forage and biomass management; SCHUMER (for Ms. SINEMA (for herself, (A) the conduct of research activities;
(V) planned grazing; and (B) the provision of technical assistance to
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(VI) range monitoring; and permittees; or
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(ii) sufficient grazing allotments on a di- (C) the construction of infrastructure nec-
verse mixture of ecosystems to identify how TESTER, Ms. MURKOWSKI, Mr. WARNER, essary for implementing and analyzing re-
grazing is an effective tool to mitigate ef- and Mr. ROMNEY)) to the bill H.R. 3684, generative grazing.
fects of climate change, including the ability to authorize funds for Federal-aid high- (4) REPORT TO CONGRESS.—Not later than
to— ways, highway safety programs, and 180 days after the date on which the Secre-
(I) improve soil health; transit programs, and for other pur- taries determine that a sufficient quantity of
(II) sequester carbon; poses; which was ordered to lie on the data has been collected under the program,
(III) reduce wildfire risk; and the Secretaries shall submit to the Com-
table; as follows:
(IV) improve watershed resilience and bio- mittee on Energy and Natural Resources and
At the end of title VIII of division D, add the Committee on Agriculture, Nutrition,
diversity;
the following: and Forestry of the Senate and the Com-
(B) in developing, implementing, and moni-
SEC. 408llll. REGENERATIVE GRAZING DATA mittee on Natural Resources and the Com-
toring the program, consult with— COLLECTION.
(i) relevant subject matter experts at the mittee on Agriculture of the House of Rep-
(a) DEFINITIONS.—In this section: resentatives and make publicly available on
Forest Service; (1) FEDERAL LAND.—The term ‘‘Federal
(ii) relevant subject matter experts at the the websites of the Department of Agri-
land’’ means— culture and the Department of the Interior a
Bureau of Land Management; (A) public lands (as defined in section 103 of
(iii) the Chief of the Natural Resources report on the findings and data derived from
the Federal Land Policy and Management the program, including whether and the ex-
Conservation Service; Act of 1976 (43 U.S.C. 1702)); and
(iv) the Director of the United States Geo- tent to which the use of regenerative grazing
(B) National Forest System land. improved the ability to mitigate the impacts
logical Survey; (2) PROGRAM.—The term ‘‘program’’ means
(v) ranchers and representatives of the of climate change.
the pilot program established under sub- (5) AUTHORIZATION OF APPROPRIATIONS.—
ranching industry; section (b)(1).
(vi) representatives from grazing districts, There is authorized to be appropriated to
(3) SECRETARIES.—The term ‘‘Secretaries’’ carry out this section $10,000,000 for each of
associations, or boards; means the Secretary of Agriculture (acting
(vii) environmental and conservation non- fiscal years 2021 through 2023, to remain
through the Chief of the Forest Service) and available until expended.
governmental organizations; the Secretary of the Interior (acting through
(viii) institutions of higher education; and the Director of the Bureau of Land Manage- SA 2495. Ms. KLOBUCHAR (for her-
(ix) any other organization that the Secre- ment), acting jointly.
taries determine to be appropriate. self and Mr. THUNE) submitted an
(b) PILOT PROGRAM FOR USE OF REGENERA- amendment intended to be proposed to
(3) USE OF FUNDS.—Funds made available TIVE GRAZING ON FEDERAL LAND TO MITIGATE
to carry out the program may be used for— THE EFFECTS OF CLIMATE CHANGE.—
amendment SA 2137 proposed by Mr.
(A) the conduct of research activities; (1) ESTABLISHMENT.—Not later than 1 year SCHUMER (for Ms. SINEMA (for herself,
(B) the provision of technical assistance to after the date of enactment of this Act, the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
permittees; or Secretaries shall establish a pilot program SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(C) the construction of infrastructure nec- to study the effectiveness of using grazing on TESTER, Ms. MURKOWSKI, Mr. WARNER,
essary for implementing and analyzing re- Federal land to mitigate the effects of cli- and Mr. ROMNEY)) to the bill H.R. 3684,
generative grazing. mate change. to authorize funds for Federal-aid high-
(4) REPORT TO CONGRESS.—Not later than (2) REQUIREMENTS.—In carrying out the ways, highway safety programs, and
180 days after the date on which the Secre- program, the Secretaries shall—
taries determine that a sufficient quantity of transit programs, and for other pur-
(A) identify— poses; which was ordered to lie on the
data has been collected under the program, (i) a standard set of practices to study,
the Secretaries shall submit to the Com- such as carbon beneficial practices in the
table; as follows:
mittee on Energy and Natural Resources and conservation practice standards of the Nat- At the appropriate place in division H, in-
the Committee on Agriculture, Nutrition, ural Resources Conservation Service, that sert the following:
and Forestry of the Senate and the Com- support conservation goals, including— SEC. lll. CREDIT FOR SALE OR BLENDING OF
mittee on Natural Resources and the Com- ETHANOL FUELS.
(I) silvopasture;
mittee on Agriculture of the House of Rep- (a) IN GENERAL.—Subpart D of part IV of
(II) practices that provide wildlife habitat
resentatives and make publicly available on subchapter A of chapter 1 of the Internal
benefits;
the websites of the Department of Agri- Revenue Code of 1986 is amended by adding
(III) practices that consider flexibility in
culture and the Department of the Interior a at the end the following new section:
season of use;
report on the findings and data derived from ‘‘SEC. 45U. CREDIT FOR SALE OR BLENDING OF
(IV) forage and biomass management; ETHANOL FUELS.
the program, including whether and the ex- (V) planned grazing; and
tent to which the use of regenerative grazing ‘‘(a) IN GENERAL.—For purposes of section
(VI) range monitoring; and 38, the ethanol fuel credit determined under
improved the ability to mitigate the impacts (ii) sufficient grazing allotments on a di-
of climate change. this section for any taxable year is an
verse mixture of ecosystems to identify how amount equal to—
(5) AUTHORIZATION OF APPROPRIATIONS.— grazing is an effective tool to mitigate ef-
There is authorized to be appropriated to ‘‘(1) in the case of an applicable taxpayer
fects of climate change, including the ability which is described in subsection (b)(1)(A)—
carry out this section $10,000,000 for each of to— ‘‘(A) for each gallon of E15 blended by such
fiscal years 2021 through 2023, to remain (I) improve soil health; taxpayer, 5 cents, and
available until expended. (II) sequester carbon; ‘‘(B) for each gallon of fuel blended by such
(III) reduce wildfire risk; and taxpayer which contains more than 15 vol-
SA 2493. Mr. COONS (for himself and (IV) improve watershed resilience and bio- ume percent ethanol, 10 cents, and
Mrs. SHAHEEN) submitted an amend- diversity; ‘‘(2) subject to subsection (c), in the case of
ment intended to be proposed to (B) in developing, implementing, and moni- an applicable taxpayer which is described in
amendment SA 2137 proposed by Mr. toring the program, consult with— subsection (b)(1)(B)—
SCHUMER (for Ms. SINEMA (for herself, (i) relevant subject matter experts at the ‘‘(A) for each gallon of E15 sold by such
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Forest Service; taxpayer, 5 cents, and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (ii) relevant subject matter experts at the ‘‘(B) for each gallon of fuel sold by such
TESTER, Ms. MURKOWSKI, Mr. WARNER, Bureau of Land Management; taxpayer which contains more than 15 vol-
and Mr. ROMNEY)) to the bill H.R. 3684, (iii) the Chief of the Natural Resources ume percent ethanol, 10 cents.
Conservation Service; ‘‘(b) DEFINITIONS.—For purposes of this sec-
to authorize funds for Federal-aid high-
(iv) the Director of the United States Geo- tion—
ways, highway safety programs, and logical Survey; ‘‘(1) APPLICABLE TAXPAYER.—The term ‘ap-
transit programs, and for other pur- (v) ranchers and representatives of the plicable taxpayer’ means—
poses; which was ordered to lie on the ranching industry; ‘‘(A) an oxygenate blender (as defined in
ctelli on DSK11ZRN23PROD with SENATE
table; as follows: (vi) representatives from grazing districts, section 1090.80 of title 40, Code of Federal
On page 1738, line 25, insert ‘‘, including to associations, or boards; Regulations), and
be leveraged through performance con- (vii) environmental and conservation non- ‘‘(B) a retailer (as defined in paragraph (7)
tracting’’ after ‘‘expended’’. governmental organizations; of section 101 of the Petroleum Marketing
(viii) institutions of higher education; and Practices Act (15 U.S.C. 2801)).
SA 2494. Ms. LUMMIS (for herself (ix) any other organization that the Secre- ‘‘(2) E15.—The term ‘E15’ means gasoline
and Mr. WYDEN) submitted an amend- taries determine to be appropriate. that is marketed and sold as E15 contains
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S5852 CONGRESSIONAL RECORD — SENATE August 4, 2021
more than 13 percent ethanol and no more ways, highway safety programs, and (A) validating distributed ledger trans-
than 15 percent ethanol by volume. transit programs, and for other pur- actions,
‘‘(c) ELECTION.— poses; which was ordered to lie on the (B) selling hardware or software for which
‘‘(1) IN GENERAL.— table; as follows: the sole function is to permit a person to
‘‘(A) ELECTION BY OXYGENATE BLENDER.— control private keys which are used for ac-
Subsection (a)(1) shall apply with respect to On page 331, between lines 23 and 24, insert cessing digital assets on a distributed ledger,
the following:
any gallon of fuel described in such sub- or
‘‘(3) REGIONAL INNOVATION PILOT.—
section only if the applicable taxpayer de- (C) developing digital assets or their cor-
‘‘(A) IN GENERAL.—In addition to eligible
scribed in subsection (b)(1)(A) elects to have responding protocols for use by other per-
projects under paragraphs (1) and (2), a met-
such subsection apply with respect to such sons, provided that such other persons are
ropolitan planning organization may use
gallon of fuel. not customers of the person developing such
amounts suballocated under subsection (e)
‘‘(B) NOTIFICATION.—The applicable tax- assets or protocols.
payer described in subparagraph (A) shall for innovative strategies to reduce transpor-
(2) BROKERS AND TREATMENT OF DIGITAL AS-
provide notice of their election with respect tation emissions, including associated infra-
SETS.—Nothing in this section or the amend-
to any gallon of fuel described in such sub- structure improvements that will increase
ments made by this section shall be con-
paragraph to any applicable taxpayer de- the share of nonmotorized trips and improve
strued to create any inference, for any period
scribed in subsection (b)(1)(B) to which such the efficiency of existing surface transpor-
prior to the effective date of such amend-
fuel is sold, with such notice to be provided tation infrastructure to address carbon re-
ments, with respect to—
on or before the date of such sale. duction.
(A) whether any person is a broker under
‘‘(2) CREDIT FOR RETAILER AVAILABLE ONLY ‘‘(B) NOTICE.—Not later than 120 days after
section 6045(c)(1) of the Internal Revenue
IF NOT CLAIMED BY OXYGENATE BLENDER.—
the date of enactment of the Surface Trans-
Code of 1986, or
Subsection (a)(2) shall apply with respect to portation Reauthorization Act of 2021, the
(B) whether any digital asset is property
any gallon of fuel described in such sub- Secretary shall provide notice and guidance
which is a specified security under section
section only if the applicable taxpayer de- for interested metropolitan planning organi-
6045(g)(3)(B) of such Code.
scribed in subsection (b)(1)(A) has not elect- zations to participate in activities under
SEC. 80604. SENSE OF CONGRESS.
ed (pursuant to paragraph (1)) to apply sub- subparagraph (A).
It is the sense of Congress that nothing in
section (a)(1) with respect to such gallon of ‘‘(C) EXCLUSION.—In carrying out activities
the amendments made by section 80603 shall
under subparagraph (A), a metropolitan
fuel. be construed to have any effect on the Secu-
‘‘(d) REFUNDABLE CREDIT FOR SMALL RE- planning organization may not use amounts
rities Act of 1933 (15 U.S.C. 77a et seq.) or the
TAILERS.—For purposes of this title, in the
made available to carry out that subpara-
Securities Exchange Act of 1934 (15 U.S.C. 78a
case of a retailer with not greater than 5 re- graph for a project that increases net capac-
et seq.).
tail locations at the close of the taxable ity for vehicular travel.
SEC. 80605. TERMINATION OF EMPLOYEE RETEN-
year, the credit allowed under subsection SA 2497. Mr. PADILLA submitted an TION CREDIT FOR EMPLOYERS SUB-
(a)(2) for such taxable year shall be treated JECT TO CLOSURE DUE TO COVID–
as a credit allowable under subpart C (and
amendment intended to be proposed to 19.
not allowable under this subpart) for such amendment SA 2137 proposed by Mr.
taxable year. SCHUMER (for Ms. SINEMA (for herself, SA 2499. Mr. KELLY (for himself, Ms.
‘‘(e) TRANSFER OF CREDIT.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SINEMA, Ms. ROSEN, Ms. CORTEZ MASTO,
‘‘(1) IN GENERAL.—Subject to such regula- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Mr. CORNYN) submitted an amend-
tions or other guidance as the Secretary de- TESTER, Ms. MURKOWSKI, Mr. WARNER, ment intended to be proposed to
termines necessary or appropriate, if, with and Mr. ROMNEY)) to the bill H.R. 3684,
respect to the credit allowed under sub- amendment SA 2137 proposed by Mr.
to authorize funds for Federal-aid high- SCHUMER (for Ms. SINEMA (for herself,
section (a) for any taxable year, the applica- ways, highway safety programs, and
ble taxpayer elects the application of this Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
transit programs, and for other pur-
subsection for such taxable year with respect SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
poses; which was ordered to lie on the
to all (or any portion specified in such elec- TESTER, Ms. MURKOWSKI, Mr. WARNER,
tion) of such credit, the eligible entity speci- table; as follows:
and Mr. ROMNEY)) to the bill H.R. 3684,
fied in such election, and not the applicable On page 338, between lines 7 and 8, insert
the following:
to authorize funds for Federal-aid high-
taxpayer, shall be treated as the taxpayer for
‘‘(7) SELECTION OF PROJECTS.— ways, highway safety programs, and
purposes of this title with respect to such
credit (or such portion thereof). ‘‘(A) IN GENERAL.—Subject to subparagraph transit programs, and for other pur-
‘‘(2) ELIGIBLE ENTITY.—For purposes of this (B), the applicable metropolitan planning or- poses; which was ordered to lie on the
subsection, the term ‘eligible entity’ means ganization shall determine the programming table; as follows:
any person within the supply chain for fuel and expenditure of amounts that a State is On page 2621, line 3, insert after ‘‘2026:’’ the
described in such section (a).’’. required to obligate under clauses (i) and (ii) following: ‘‘Provided further, That for funds
(b) CREDIT TO BE PART OF GENERAL BUSI- of paragraph (1)(A). made available under this heading in this
NESS CREDIT.—Subsection (b) of section 38 of ‘‘(B) STATE ROLE.—The State may ensure Act for planning, preparation, or design of
the Internal Revenue Code of 1986 is amended that projects selected by a metropolitan eligible projects, the Secretary may consider
by striking ‘‘plus’’ at the end of paragraph planning organization under subparagraph whether the project will provide new or im-
(32), by striking the period at the end of (A) are eligible projects under this section. proved Interstate highway connections be-
paragraph (33) and inserting ‘‘, plus’’, and by tween not less than 2 metropolitan areas
adding at the end the following new para- SA 2498. Mr. WYDEN (for himself, with a population of not less than 500,000:’’.
graph: Ms. LUMMIS, Mr. TOOMEY, and Mr.
‘‘(34) the credit for sale or blending of eth- CRUZ) submitted an amendment in- SA 2500. Mr. GRASSLEY (for himself
anol fuels under section 45U to which sub- tended to be proposed to amendment and Ms. KLOBUCHAR) submitted an
section (d) of such section does not apply.’’. SA 2137 proposed by Mr. SCHUMER (for amendment intended to be proposed to
(c) CONFORMING AMENDMENT.—The table of Ms. SINEMA (for herself, Mr. PORTMAN,
sections for subpart D of part IV of sub-
amendment SA 2137 proposed by Mr.
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- SCHUMER (for Ms. SINEMA (for herself,
chapter A of chapter 1 of the Internal Rev-
HEEN, Ms. COLLINS, Mr. TESTER, Ms. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
enue Code of 1986 is amended by adding at
the end the following new item: MURKOWSKI, Mr. WARNER, and Mr. ROM- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
NEY)) to the bill H.R. 3684, to authorize TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘Sec. 45U. Credit for sale or blending of eth-
anol fuels.’’.
funds for Federal-aid highways, high- and Mr. ROMNEY)) to the bill H.R. 3684,
(d) EFFECTIVE DATE.—The amendments way safety programs, and transit pro- to authorize funds for Federal-aid high-
made by this section shall apply to fuel grams, and for other purposes; which ways, highway safety programs, and
blended or sold after December 31, 2021. was ordered to lie on the table; as fol- transit programs, and for other pur-
lows: poses; which was ordered to lie on the
SA 2496. Mr. PADILLA submitted an On page 2437, strike lines 9 through 21 and table; as follows:
amendment intended to be proposed to insert the following:
(d) RULE OF CONSTRUCTION.— At the end of division F, add the following:
amendment SA 2137 proposed by Mr.
ctelli on DSK11ZRN23PROD with SENATE
(1) DEFINITION OF BROKER.—Nothing in this TITLE VI—STATE FUNDING UNDER RURAL
SCHUMER (for Ms. SINEMA (for herself,
section or the amendments made by this sec- UTILITIES SERVICE PROGRAMS
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
tion shall be construed to create any infer- SEC. 60601. STATE FUNDING UNDER RURAL UTIL-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ence that a person described in section ITIES SERVICE PROGRAMS.
TESTER, Ms. MURKOWSKI, Mr. WARNER, 6045(c)(1)(D) of the Internal Revenue Code of (a) ELIGIBILITY OF PROJECTS THAT RECEIVE
and Mr. ROMNEY)) to the bill H.R. 3684, 1986, as added by this section, includes any STATE FUNDING.—Title VII of the Rural Elec-
to authorize funds for Federal-aid high- person solely engaged in the business of— trification Act of 1936 (7 U.S.C. 950cc et seq.)
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5853
is amended by adding at the end the fol- poses; which was ordered to lie on the SA 2507. Mr. CRAPO (for himself, Mr.
lowing: table; as follows: WYDEN, Mr. RISCH, and Ms. BALDWIN)
‘‘SEC. 704. ELIGIBILITY OF PROJECTS THAT RE- submitted an amendment intended to
On page 31, strike lines 1 through 5.
CEIVE STATE FUNDING.
On page 31, line 6, strike ‘‘(D)’’ and insert be proposed to amendment SA 2137 pro-
‘‘In administering any broadband or tele- ‘‘(C)’’.
communications program, the Secretary, posed by Mr. SCHUMER (for Ms. SINEMA
On page 31, line 12, strike ‘‘(E)’’ and insert (for herself, Mr. PORTMAN, Mr.
acting through the Administrator of the ‘‘(D)’’.
Rural Utilities Service, shall not determine Beginning on page 386, strike line 1 and all MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
that a project is ineligible for funding be- that follows through page 392, line 9. Ms. COLLINS, Mr. TESTER, Ms. MUR-
cause the project has received funding from KOWSKI, Mr. WARNER, and Mr. ROMNEY))
a State.’’. SA 2504. Ms. ERNST submitted an to the bill H.R. 3684, to authorize funds
(b) STATE FUNDS TO SATISFY MATCHING RE- amendment intended to be proposed to for Federal-aid highways, highway
QUIREMENTS.—
(1) IN GENERAL.—Subject to paragraph (2),
amendment SA 2137 proposed by Mr. safety programs, and transit programs,
for purposes of any matching funds require- SCHUMER (for Ms. SINEMA (for herself, and for other purposes; which was or-
ment under any program administered by Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- dered to lie on the table; as follows:
the Secretary of Agriculture, acting through SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. In section 41202(b) of division D, strike
the Administrator of the Rural Utilities TESTER, Ms. MURKOWSKI, Mr. WARNER, paragraph (2) and insert the following:
Service, an applicant for funding under that and Mr. ROMNEY)) to the bill H.R. 3684, (2) ELECTION; SUBMISSION OF RESULTS.—Sec-
program may use funds received from a to authorize funds for Federal-aid high- tion 102(b)(1) of the Secure Rural Schools and
State program (including funds received by a ways, highway safety programs, and Community Self-Determination Act of 2000
State from the Federal Government) to sat- (16 U.S.C. 7112(b)(1)) is amended—
isfy the matching funds requirement.
transit programs, and for other pur-
poses; which was ordered to lie on the (A) in subparagraph (A), by striking ‘‘and
(2) SUNSET.—This subsection shall cease to August 1’’ and inserting ‘‘and September 30’’;
be effective on October 1, 2023. table; as follows:
and
In division F, strike title III. (B) by adding at the end the following:
SA 2501. Mr. RUBIO submitted an ‘‘(E) ELECTION FOR FISCAL YEAR 2021.—Not-
amendment intended to be proposed to SA 2505. Ms. ERNST submitted an withstanding subparagraph (A), for fiscal
amendment SA 2137 proposed by Mr. amendment intended to be proposed to year 2021, the election described in that sub-
SCHUMER (for Ms. SINEMA (for herself, amendment SA 2137 proposed by Mr. paragraph shall be made at the discretion of
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SCHUMER (for Ms. SINEMA (for herself, each affected county by September 30, 2021
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (or as soon thereafter as the Secretary con-
TESTER, Ms. MURKOWSKI, Mr. WARNER, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. cerned determines is practicable), in accord-
TESTER, Ms. MURKOWSKI, Mr. WARNER, ance with paragraph (2), and transmitted to
and Mr. ROMNEY)) to the bill H.R. 3684,
the Secretary concerned by the Governor of
to authorize funds for Federal-aid high- and Mr. ROMNEY)) to the bill H.R. 3684, each eligible State.’’.
ways, highway safety programs, and to authorize funds for Federal-aid high- (3) DURATION OF ELECTION.—Section
transit programs, and for other pur- ways, highway safety programs, and 102(b)(2)(A) of the Secure Rural Schools and
poses; which was ordered to lie on the transit programs, and for other pur- Community Self-Determination Act of 2000
table; as follows: poses; which was ordered to lie on the (16 U.S.C. 7112(b)(2)(A)) is amended, in the
On page 2485, line 13, strike table; as follows: first sentence, by striking ‘‘to receive a
‘‘$11,615,000,000’’ and insert ‘‘$16,615,000,000’’. On page 748 of the amendment, between share of the 25-percent payment or 50-per-
On page 2489, line 22, insert ‘‘Provided fur- lines 2 and 3, insert the following: cent payment, as applicable,’’.
ther, That of the amount provided under this (3) includes— (4) EXPENDITURE RULES FOR ELIGIBLE COUN-
heading in this Act, $5,000,000,000, to remain TIES.—Section 102(d)(3) of the Secure Rural
(A) a cost-benefit analysis of the use of
available until expended, shall be for South Amtrak to cross the northern border, rel- Schools and Community Self-Determination
Florida ecosystem restoration: Provided fur- ative to other non-government subsidized op- Act of 2000 (16 U.S.C. 7112(d)(3)) is amended
ther, That the amounts made available for tions; and by adding at the end the following:
South Florida ecosystem restoration shall be (B) an explanation for why any United ‘‘(E) ELECTION FOR FISCAL YEAR 2021.—Not-
appropriated from amounts in the Treasury States taxpayer dollars should be used to withstanding subparagraph (A), for fiscal
not otherwise appropriated:’’ after ‘‘in this fund transportation in a foreign country. year 2021, the Governor of each eligible State
Act:’’. (C) the amount of money the extension shall notify the Secretary concerned of an
would lose annually. election by an eligible county under this sub-
SA 2502. Ms. ERNST submitted an section not later than September 30, 2021 (or
amendment intended to be proposed to SA 2506. Mr. MARSHALL submitted as soon thereafter as the Secretary con-
cerned determines is practicable).’’.
amendment SA 2137 proposed by Mr. an amendment intended to be proposed
(5) DISTRIBUTION OF PAYMENTS TO ELIGIBLE
SCHUMER (for Ms. SINEMA (for herself, to amendment SA 2137 proposed by Mr. COUNTIES.—Section 103(d)(2) of the Secure
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SCHUMER (for Ms. SINEMA (for herself, Rural Schools and Community Self-Deter-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- mination Act of 2000 (16 U.S.C. 7113(d)(2)) is
TESTER, Ms. MURKOWSKI, Mr. WARNER, SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. amended by striking ‘‘2020’’ and inserting
and Mr. ROMNEY)) to the bill H.R. 3684, TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘2023’’.
to authorize funds for Federal-aid high- and Mr. ROMNEY)) to the bill H.R. 3684,
ways, highway safety programs, and to authorize funds for Federal-aid high- SA 2508. Mr. CRAPO (for himself, Mr.
transit programs, and for other pur- ways, highway safety programs, and WYDEN, Mr. MERKLEY, and Mr. RISCH)
poses; which was ordered to lie on the transit programs, and for other pur- submitted an amendment intended to
table; as follows: poses; which was ordered to lie on the be proposed to amendment SA 2137 pro-
On page 31, strike lines 12 through 17. table; as follows: posed by Mr. SCHUMER (for Ms. SINEMA
Beginning on page 547, strike line 17 and At the appropriate place in division J, in- (for herself, Mr. PORTMAN, Mr.
all that follows through page 550, line 11, and sert the following: MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
insert the following: SEC. lll. (a) Except as provided in sub- Ms. COLLINS, Mr. TESTER, Ms. MUR-
(e) CONFORMING AMENDMENT.—Section 167 section (b), none of the funds made available
of title KOWSKI, Mr. WARNER, and Mr. ROMNEY))
by this Act may be used to transport an
alien (as defined in section 101(a) of the Im- to the bill H.R. 3684, to authorize funds
SA 2503. Ms. ERNST submitted an migration and Nationality Act (8 U.S.C. for Federal-aid highways, highway
amendment intended to be proposed to 1101(a))) who is unlawfully present in the safety programs, and transit programs,
amendment SA 2137 proposed by Mr. United States and who— and for other purposes; which was or-
SCHUMER (for Ms. SINEMA (for herself, (1) has not been tested for COVID–19 during dered to lie on the table; as follows:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- the preceding 10-day period;
ctelli on DSK11ZRN23PROD with SENATE
(2) has not been fully vaccinated against At the end of division G, add the following:
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
COVID–19; or TITLE XII—FOREST MANAGEMENT FOR
TESTER, Ms. MURKOWSKI, Mr. WARNER,
(3) has symptoms of COVID-19. RURAL STABILITY
and Mr. ROMNEY)) to the bill H.R. 3684, (b) Funds made available by this Act may
to authorize funds for Federal-aid high- be used to transport an alien described in SEC. 71201. SHORT TITLE.
ways, highway safety programs, and subsection (a) for purposes of removal or de- This title may be cited as the ‘‘Forest
transit programs, and for other pur- portation. Management for Rural Stability Act’’.
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S5854 CONGRESSIONAL RECORD — SENATE August 4, 2021
SEC. 71202. FEDERAL CHARTER FOR FOREST AND All Urban Consumers published by the Bu- section 401(c) of the Act of June 15, 1935
REFUGE COUNTY FOUNDATION AND reau of Labor Statistics of the Department (commonly known as the ‘Refuge Revenue
ESTABLISHMENT OF NATURAL RE- Sharing Act’) (49 Stat. 383, chapter 261; 16
of Labor).
SOURCES PERMANENT FUND.
‘‘(9) MANAGER.—The term ‘manager’ means U.S.C. 715s(c));
(a) FEDERAL CHARTER FOR FOREST AND REF- the manager of investments employed by the ‘‘(bb) 1 member to represent rural eco-
UGE COUNTY FOUNDATION.—Subtitle III of
Board pursuant to section 300205(c)(3). nomic development interests;
title 36, United States Code, is amended by ‘‘(10) RESOURCE ADVISORY COMMITTEE.—The ‘‘(cc) 6 members with expert experience in
inserting after chapter 3001 the following: term ‘resource advisory committee’ means— fund management or finance; and
‘‘CHAPTER 3002—FOREST AND REFUGE ‘‘(A) a resource advisory committee estab- ‘‘(dd) 1 member to represent education in-
COUNTY FOUNDATION lished under section 205 of the Secure Rural terests.
‘‘Sec. Schools and Community Self-Determination ‘‘(3) PROHIBITION.—A member of the Board,
‘‘300201. Definitions. Act of 2000 (16 U.S.C. 7125) (as in effect on the other than a member described in paragraph
‘‘300202. Establishment. day before the date of enactment of this (2)(B)(ii)(II)(aa), shall not hold an office, po-
‘‘300203. Status and applicable laws. chapter); and sition, or employment in any political party.
‘‘300204. Board of Directors. ‘‘(B) an advisory council established pursu- ‘‘(4) DATE.—The appointments of the mem-
‘‘300205. Bylaws and duties. ant to section 309(a) of the Federal Land Pol- bers of the Board shall be made not later
‘‘300206. Authority of Corporation. icy and Management Act of 1976 (43 U.S.C. than 90 days after the date of enactment of
‘‘300207. Establishment of Natural Resources 1739(a)). this chapter.
Permanent Fund. ‘‘(11) SECRETARY CONCERNED.—The term ‘‘(c) CHAIRPERSON.—
‘‘§ 300201. Definitions ‘Secretary concerned’ means— ‘‘(1) IN GENERAL.—The Chairperson of the
‘‘In this chapter: ‘‘(A) the Secretary of Agriculture, with re- Board shall be selected from among the
‘‘(1) AGENCY HEAD.—The term ‘agency head’ spect to the account established by section members of the Board by a majority vote of
means— 300207(b)(1); and the members.
‘‘(A) the Secretary of the Treasury; ‘‘(B) the Secretary of the Interior, with re- ‘‘(2) TERM OF SERVICE.—The Chairperson of
‘‘(B) the Chief of the Forest Service; spect to an account established by paragraph the Board—
‘‘(C) the Director of the Bureau of Land (2) or (3) of section 300207(b). ‘‘(A) shall serve for a term of not longer
Management; and ‘‘§ 300202. Establishment than 4 years; and
‘‘(D) the Director of the United States Fish ‘‘(B) may be reelected to serve an addi-
‘‘There is established a federally chartered,
and Wildlife Service. tional term, subject to the condition that
nonprofit corporation, to be known as the
‘‘(2) BOARD.—The term ‘Board’ means the the Chairperson may serve for not more than
‘Forest and Refuge County Foundation’,
Board of Directors of the Corporation. 2 consecutive terms.
which shall be incorporated in the State of ‘‘(d) TERMS.—
‘‘(3) CHAIRPERSON.—The term ‘Chairperson’ Oregon. ‘‘(1) IN GENERAL.—The term of the members
means the Chairperson of the Board. ‘‘§ 300203. Status and applicable laws of the Board shall be 6 years, except that the
‘‘(4) CORPORATION.—The term ‘Corporation’
‘‘(a) NON-FEDERAL ENTITY.—The Corpora- agency heads shall designate staggered
means the Forest and Refuge County Foun-
tion is not— terms for the members initially appointed to
dation established by section 300202.
‘‘(1) a department, agency, or instrumen- the Board.
‘‘(5) COUNTY PAYMENT; FULL FUNDING
tality of the United States Government; or ‘‘(2) REAPPOINTMENT.—A member of the
AMOUNT; STATE PAYMENT.—The terms ‘county
‘‘(2) subject to title 31. Board may be reappointed to serve an addi-
payment’, ‘full funding amount’, and ‘State
‘‘(b) LIABILITY.—The United States Govern- tional term, subject to the condition that
payment’ have the meanings given those
ment shall not be liable for the actions or in- the member may serve for not more than 2
terms in section 3 of the Secure Rural
actions of the Corporation. consecutive terms.
Schools and Community Self-Determination ‘‘(e) VACANCY.—A vacancy on the Board
Act of 2000 (16 U.S.C. 7102). ‘‘(c) NONPROFIT CORPORATION.—The Cor-
poration shall have and maintain the status shall be filled—
‘‘(6) ELIGIBLE COUNTY.— ‘‘(1) by not later than 90 days after the date
‘‘(A) IN GENERAL.—The term ‘eligible coun- of the Corporation as a nonprofit corporation
exempt from taxation under the Internal on which the vacancy occurs; and
ty’ means— ‘‘(2) in the manner in which the original
‘‘(i) a county that is eligible for a payment Revenue Code of 1986.
‘‘§ 300204. Board of Directors appointment was made.
under the Secure Rural Schools and Commu- ‘‘(f) TRANSITIONS.—Any member of the
nity Self-Determination Act of 2000 (16 ‘‘(a) AUTHORITY.—The powers of the Cor- Board may continue to serve after the expi-
U.S.C. 7101 et seq.), with respect to an ac- poration shall be vested in a Board of Direc- ration of the term for which the member was
count established by paragraph (1) or (2) of tors that governs the Corporation. appointed or elected until a qualified suc-
section 300207(b); or ‘‘(b) MEMBERSHIP.— cessor has been appointed or elected.
‘‘(ii) a county that is eligible for a pay- ‘‘(1) COMPOSITION.—The Board shall be ‘‘(g) MEETINGS AND QUORUM.—
ment under section 401(c) of the Act of June composed of 11 members, of whom— ‘‘(1) MEETINGS.—
15, 1935 (commonly known as the ‘Refuge ‘‘(A) 3 shall be appointed by the Chief of ‘‘(A) IN GENERAL.—The Board shall meet—
Revenue Sharing Act’) (49 Stat. 383, chapter the Forest Service; ‘‘(i) not less frequently than once each cal-
261; 16 U.S.C. 715s(c)), with respect to the ac- ‘‘(B) 2 shall be appointed by the Director of endar year; and
count established by section 300207(b)(3). the Bureau of Land Management; and ‘‘(ii)(I) at the call of—
‘‘(B) EXCLUSION.—The term ‘eligible coun- ‘‘(C) 6 shall be appointed by the Secretary ‘‘(aa) the Chairperson; or
ty’ does not include a county that has elect- of the Treasury. ‘‘(bb) 3 or more members; or
ed to opt out of distributions from the Fund ‘‘(2) QUALIFICATIONS.—In making appoint- ‘‘(II) as otherwise provided in the bylaws of
under section 300207(e)(4)(A). ments under paragraph (1), the agency heads the Corporation.
‘‘(7) FUND.—The term ‘Fund’ means the shall— ‘‘(B) INITIAL MEETING.—Not later than 150
Natural Resources Permanent Fund estab- ‘‘(A) appoint members who represent the days after the date of enactment of this
lished by section 300207(a). various regions of the United States; and chapter, the Board shall hold an initial
‘‘(8) HIGHEST HISTORIC PAYMENT.—The term ‘‘(B) ensure that the membership of the meeting of the Board.
‘highest historic payment’ means— Board is— ‘‘(2) QUORUM.—A quorum of the Board, con-
‘‘(A) with respect to the Forest Service Ac- ‘‘(i) apolitical; and sisting of a majority of the members of the
count of the Fund, an amount equal to the ‘‘(ii) fairly balanced in terms of— Board, shall be required to conduct any busi-
total amount of State payments received ‘‘(I) the points of view represented; and ness of the Board.
under section 101(a) of the Secure Rural ‘‘(II) the functions to be performed by the ‘‘(3) APPROVAL OF BOARD ACTIONS.—Except
Schools and Community Self-Determination Board, by appointing— as otherwise provided, the threshold for ap-
Act of 2000 (16 U.S.C. 7111(a)) for fiscal year ‘‘(aa) 3 members who are county elected of- proving Board actions shall be as set forth in
2008 (as adjusted to reflect changes during ficials, as of the date of appointment of the the bylaws of the Corporation.
the period beginning on October 1, 2008, in members, of whom— ‘‘(h) REIMBURSEMENT OF EXPENSES.—
the Consumer Price Index for All Urban Con- ‘‘(AA) 1 shall be an elected official of a ‘‘(1) IN GENERAL.—A voting member of the
sumers published by the Bureau of Labor county that contains Federal land described Board—
Statistics of the Department of Labor); and in section 3(7)(A) of the Secure Rural Schools ‘‘(A) shall serve without pay; but
‘‘(B) with respect to the Bureau of Land and Community Self-Determination Act of ‘‘(B) subject to paragraph (2), may be reim-
Management Account of the Fund, an 2000 (16 U.S.C. 7102(7)(A)); bursed for the actual and necessary traveling
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amount equal to the total amount of county ‘‘(BB) 1 shall be an elected official of a and subsistence expenses incurred by the
payments received under section 101(b) of the county that contains Federal land described member in the performance of duties for the
Secure Rural Schools and Community Self- in section 3(7)(B) of the Secure Rural Schools Corporation.
Determination Act of 2000 (16 U.S.C. 7111(b)) and Community Self-Determination Act of ‘‘(2) MAXIMUM AMOUNT.—The amount of re-
for fiscal year 2006 (as adjusted to reflect 2000 (16 U.S.C. 7102(7)(B)); and imbursement under paragraph (1)(B) may not
changes during the period beginning on Octo- ‘‘(CC) 1 shall be an elected official of a exceed the amount that would be authorized
ber 1, 2006, in the Consumer Price Index for county that is eligible for a payment under under section 5703 of title 5 for the payment
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5855
of expenses and allowances for an individual of additional funds transferred under sub- 3-year period preceding the date of the deter-
employed intermittently in the Federal Gov- section (c)(2)(A)(i). mination.
ernment service. ‘‘(c) VOLUNTARY CONTRIBUTIONS OF ADDI- ‘‘(2) DISTRIBUTIONS.—
‘‘§ 300205. Bylaws and duties TIONAL FUNDS.— ‘‘(A) FOREST SERVICE ACCOUNT AND BUREAU
‘‘(1) IN GENERAL.—Subject to paragraph (2), OF LAND MANAGEMENT ACCOUNT.—
‘‘(a) IN GENERAL.—The Board shall adopt,
and may amend, the bylaws of the Corpora- the Corporation may at any time accept ‘‘(i) IN GENERAL.—Beginning in fiscal year
tion. from eligible counties and States voluntary 2024, for each fiscal year, of the amounts in
‘‘(b) BYLAWS.—The bylaws of the Corpora- contributions of amounts to be deposited in each of the Forest Service and the Bureau of
tion shall include, at a minimum— the Fund, for investment by the Corporation, Land Management Accounts within the Fund
‘‘(1) the duties and responsibilities of the in accordance with this chapter. available for distribution for the fiscal year,
Board; and ‘‘(2) LIMITATION.—Any amounts contrib- as determined under paragraph (1)—
‘‘(2) the operational procedures of the Cor- uted under paragraph (1)— ‘‘(I) 85 percent shall be used to make pay-
poration. ‘‘(A) shall be— ments to eligible States and eligible counties
‘‘(c) DUTIES AND RESPONSIBILITIES OF ‘‘(i) transferred to the Voluntary County in accordance with title I of the Secure
BOARD.—The Board shall be responsible for Savings Account; and Rural Schools and Community Self-Deter-
actions of the Corporation, including— ‘‘(ii) maintained within a segregated ac- mination Act of 2000 (16 U.S.C. 7111 et seq.)
‘‘(1)(A) employing individuals at the Cor- count in that Account for each contributing and clause (ii); and
poration to provide investment management county; and ‘‘(II) 15 percent shall be used to make pay-
services; or ‘‘(B) may only be distributed to the eligible ments to eligible States and eligible counties
‘‘(B) retaining the services of investment county or State that deposited the amounts, in accordance with title III of the Secure
management services providers; in accordance with this chapter and para- Rural Schools and Community Self-Deter-
‘‘(2) employing individuals at the Corpora- graph (3). mination Act of 2000 (16 U.S.C. 7141 et seq.).
tion to provide accounting and administra- ‘‘(3) DISTRIBUTIONS.—Distributions to an ‘‘(ii) CALCULATION AND DISTRIBUTION OF AU-
tive services; eligible county or a State under paragraph THORIZED PAYMENTS.—
‘‘(3) employing a manager of investments (2)(B)— ‘‘(I) AVAILABILITY.—Not later than 14 days
to manage the amounts authorized to be in- ‘‘(A) shall be made by not later than 30 after the beginning of each fiscal year, the
vested by the Board in accordance with sub- days after the date of receipt of a written re- Corporation shall submit to the Secretary
section (d); quest of the applicable eligible county or concerned a description of the amount avail-
‘‘(4) entering into a contract with 1 or State; able in each of the Forest Service and the
‘‘(B) shall not be subject to any restric- Bureau of Land Management Accounts with-
more banking or trust entities to act as the
tions or limitations associated with distribu- in the Fund available to make payments for
custodian of the assets of the Fund; and
tions made from an account established by the fiscal year, as determined under para-
‘‘(5) engaging other appropriate profes-
paragraph (1), (2), or (3) of subsection (b); and graph (1), to—
sional service providers to support the Board
‘‘(C) may only be used for a governmental ‘‘(aa) eligible States under subsection (a)
and the employees of the Board in carrying
purpose that complies with the budget laws of section 101 of the Secure Rural Schools
out the duties and responsibilities of the
of the applicable State. and Community Self-Determination Act of
Board under this chapter. ‘‘(d) INVESTMENTS OF FUND.—
‘‘(d) AUTHORITY OF MANAGER.—Subject to 2000 (16 U.S.C. 7111), with respect to the For-
‘‘(1) INVESTMENT POLICY.— est Service Account; and
the direction of the Board, the manager shall
‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(bb) eligible counties under subsection (b)
have control over the amounts under the ju-
after the date of enactment of this chapter, of that section, with respect to the Bureau of
risdiction of the Board in the same manner
the Board shall develop an investment policy Land Management Account.
as if the manager owned those amounts.
for the investment of amounts in the Fund. ‘‘(II) CALCULATION.—Not later than 14 days
‘‘§ 300206. Authority of Corporation ‘‘(B) REQUIREMENT.—For purposes of the in- after the date on which the Corporation sub-
‘‘Except as otherwise provided in this vestment policy developed under subpara- mits the information under subclause (I),
chapter, the Corporation, acting through the graph (A), the Corporation shall— based on the information provided under
manager, shall have the authority— ‘‘(i) seek to achieve at least a 5-percent that subclause and the amounts otherwise
‘‘(1) to manage the Fund; rate of return on investments of the Fund, available to the Secretary concerned for the
‘‘(2) to make investments of amounts in net of inflation; and fiscal year to make payments to eligible
the Fund under section 300207(d); ‘‘(ii) adopt asset management strategies counties under the Secure Rural Schools and
‘‘(3) to make distributions from the Fund that are consistent with the standard of care Community Self-Determination Act of 2000
under section 300207(e)(2); and established under the Uniform Prudent Man- (16 U.S.C. 7101 et seq.), as determined by the
‘‘(4) to review certifications submitted by agement of Institutional Funds Act of 2007 Secretary concerned, the Secretary con-
participating counties under section 303(a) of (D.C. Code 44–1631 et seq.). cerned shall, based on the formulas for au-
the Secure Rural Schools and Community ‘‘(C) PERIODIC UPDATES.—The Corporation thorized payments established under that
Self-Determination Act of 2000 (16 U.S.C. shall— Act, calculate and submit to the Corporation
7143(a)). ‘‘(i) not less frequently than annually, re- the authorized payment amount for each eli-
‘‘§ 300207. Establishment of Natural Re- view the investment policy developed under gible county, including—
sources Permanent Fund subparagraph (A); and ‘‘(aa) the amount of the authorized pay-
‘‘(a) ESTABLISHMENT.—There is established ‘‘(ii) based on a review conducted under ment for each eligible county to be paid from
within the Corporation a permanent fund, to clause (i), modify the investment policy as the applicable account in the Fund; and
be known as the ‘Natural Resources Perma- the Corporation determines to be appro- ‘‘(bb) the amount of the authorized pay-
nent Fund’, consisting of— priate. ment to be paid for each eligible county
‘‘(1) amounts deposited in the accounts ‘‘(2) INVESTMENT SERVICES.—For purposes using amounts made available under section
under subsection (b); of investing amounts in the Fund, the Cor- 402 of the Secure Rural Schools and Commu-
‘‘(2) amounts deposited by an eligible coun- poration may— nity Self-Determination Act of 2000 (16
ty or State under subsection (c)(1); ‘‘(A) employ individuals at the Corporation U.S.C. 7152).
‘‘(3) amounts credited to the Fund under to provide investment management services; ‘‘(III) DISTRIBUTION.—Subject to subpara-
subsection (d)(3); and or graphs (C) and (D), not later than 40 days
‘‘(4) amounts appropriated to the Fund ‘‘(B) retain the services of investment after the date on which the Secretary con-
under paragraph (1) of subsection (i), subject management services providers. cerned submits the information to the Cor-
to paragraph (2) of that subsection. ‘‘(3) INCOME.—Income from any invest- poration under subclause (II)—
‘‘(b) ACCOUNTS.—Within the Fund, there ments of amounts from an account within ‘‘(aa) the Corporation shall—
are established the following accounts: the Fund shall be credited to the applicable ‘‘(AA) distribute from the Forest Service
‘‘(1) The Forest Service Account, con- account within the Fund. Account within the Fund to States, for redis-
sisting of the amounts transferred under sec- ‘‘(e) EXPENDITURES FROM FUND.— tribution to the eligible counties, the
tion 71203(b)(2) of the Forest Management for ‘‘(1) AVAILABILITY OF FUNDS.—Beginning in amount of the authorized payment to be paid
Rural Stability Act. fiscal year 2024, for each fiscal year, the Cor- to eligible counties within the State under
‘‘(2) The Bureau of Land Management Ac- poration shall make available for distribu- section 101(a) of the Secure Rural Schools
count, consisting of the amounts transferred tion in accordance with this subsection 4.5 and Community Self-Determination Act of
under subsections (c)(2) and (d)(2) of section percent of amounts in each account within 2000 (16 U.S.C. 7111(a)), as determined under
71203 of the Forest Management for Rural the Fund established by paragraph (1), (2), or subclause (II)(aa), to be used for the purposes
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Stability Act. (3) of subsection (b), as determined by the authorized under title I or III of that Act (16
‘‘(3) The United States Fish and Wildlife Corporation, based on— U.S.C. 7111 et seq.);
Service Account, consisting of the amounts ‘‘(A) for fiscal years 2024, 2025, and 2026, the ‘‘(BB) distribute from the Bureau of Land
transferred under section 71203(e)(2) of the average fiscal year-end balance of the appli- Management Account within the Fund to the
Forest Management for Rural Stability Act. cable account; and eligible counties the amount of the author-
‘‘(4) The Voluntary County Savings Ac- ‘‘(B) thereafter, the average fiscal year-end ized payment to be paid to eligible counties
count, consisting of voluntary contributions balance of the applicable account during the under section 101(b) of the Secure Rural
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S5856 CONGRESSIONAL RECORD — SENATE August 4, 2021
Schools and Community Self-Determination ‘‘(bb) except as provided in subparagraph ‘‘(II) subsection (a) of title II of the Act of
Act of 2000 (16 U.S.C. 7111(b)), as determined (C)(ii)(II), the Secretary concerned shall pay August 28, 1937 (50 Stat. 875, chapter 876; 43
under subclause (II)(aa), to be used for the to the eligible counties the amount to be U.S.C. 2605);
purposes authorized under title I or III of paid for eligible counties under subclause ‘‘(III) the first section of the Act of May 24,
that Act (16 U.S.C. 7111 et seq.); and (II)(bb). 1939 (53 Stat. 753, chapter 144; 43 U.S.C. 2621);
‘‘(CC) submit to the Secretary concerned a ‘‘(C) MINIMUM PAYMENT AMOUNT.— or
description of the amounts distributed under ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(IV) section 401(c) of the Act of June 15,
subitems (AA) and (BB); and paragraphs (A) and (B), the minimum 1935 (commonly known as the ‘Refuge Rev-
‘‘(bb) except as provided in subparagraph amount of a payment to be distributed to a enue Sharing Act’) (49 Stat. 383, chapter 261;
(C)(ii)(II), the Secretary concerned shall pay State or eligible county under subitem (AA) 16 U.S.C. 715s(c)).
to eligible counties, and to the State for re- or (BB) of subparagraph (A)(ii)(III)(aa) or ‘‘(3) ADMINISTRATIVE EXPENSES.—
distribution to eligible counties, the amount subparagraph (B)(ii)(III)(aa)(AA) for a fiscal ‘‘(A) IN GENERAL.—Beginning in fiscal year
of the authorized payments under subclause
year shall be the amount of the payment au- 2024, for each fiscal year, of the total
(II)(bb).
thorized to be made to the State or eligible amounts in the Fund, there shall be made
‘‘(B) UNITED STATES FISH AND WILDLIFE
county for fiscal year 2017 under the Secure available to the Corporation from the Fund
SERVICE ACCOUNT.—
‘‘(i) IN GENERAL.—Beginning in fiscal year Rural Schools and Community Self-Deter- for the payment of administrative expenses
2024, for each fiscal year, amounts in the mination Act of 2000 (16 U.S.C. 7101 et seq.) or described in subparagraph (B)—
United States Fish and Wildlife Service Ac- section 401(c) of the Act of June 15, 1935 ‘‘(i) if the total amounts in the Fund as of
count within the Fund available for distribu- (commonly known as the ‘Refuge Revenue the date of the determination is not less
tion for the fiscal year, as determined under Sharing Act’) (49 Stat. 383, chapter 261; 16 than $100,000,000, an amount equal to the
paragraph (1), shall be used to make pay- U.S.C. 715s(c)), as applicable (as adjusted to lesser of—
ments to eligible counties, in accordance reflect changes during the period beginning ‘‘(I) an amount equal to not more than 0.5
with section 401(c) of the Act of June 15, 1935 on October 1, 2017, in the Consumer Price percent of the total amounts in the Fund, as
(commonly known as the ‘Refuge Revenue Index for All Urban Consumers published by of that date; and
Sharing Act’) (49 Stat. 383, chapter 261; 16 the Bureau of Labor Statistics of the Depart- ‘‘(II) $30,000,000 (as adjusted to reflect
U.S.C. 715s(c)) and clause (ii). ment of Labor). changes during the period beginning on Octo-
‘‘(ii) CALCULATION AND DISTRIBUTION OF AU- ‘‘(ii) OBLIGATION OF SECRETARY.—The Sec- ber 1, 2021, in the Consumer Price Index for
THORIZED PAYMENTS.— retary concerned— All Urban Consumers published by the Bu-
‘‘(I) AVAILABILITY.—Not later than 14 days ‘‘(I) shall only make a payment to a State reau of Labor Statistics of the Department
after the beginning of each fiscal year, the or eligible county under subparagraph of Labor); and
Corporation shall submit to the Secretary (A)(ii)(III)(bb) or (B)(ii)(III)(bb) for a fiscal ‘‘(ii) if the total amounts in the Fund as of
concerned a description of the amount avail- year if the Secretary concerned determines the date of the determination is less than
able in United States Fish and Wildlife Serv- that the amount of the payment to be dis- $100,000,000, an amount equal to not more
ice Account within the Fund available to tributed from the Fund to the State or eligi- than 1.0 percent of the total amounts in the
make authorized payments to eligible coun- ble county under subitem (AA) or (BB) of Fund, as of that date.
ties for the fiscal year under section 401(c) of subparagraph (A)(ii)(III)(aa) or subparagraph ‘‘(B) USE.—Amounts made available for ad-
the Act of June 15, 1935 (commonly known as (B)(ii)(III)(aa)(AA) is less than the minimum ministrative expenses under subparagraph
the ‘Refuge Revenue Sharing Act’) (49 Stat. payment amount required under clause (i); (A) may be used by the Corporation—
383, chapter 261; 16 U.S.C. 715s(c)), as deter- and
mined under paragraph (1). ‘‘(i) to ensure that amounts in Fund are
‘‘(II) if the Secretary concerned determines
‘‘(II) CALCULATION.—Not later than 14 days managed in a manner consistent with the
that the amount of a payment to be distrib-
after the date on which the Corporation sub- asset management strategies adopted under
uted to a State or eligible county under
mits the information under subclause (I), subsection (d)(1);
subitem (AA) or (BB) of subparagraph
based on the information provided under ‘‘(ii) to pay other administrative costs re-
(A)(ii)(III)(aa) or subparagraph
that subclause and the amounts otherwise lating to the Fund, including the costs of
(B)(ii)(III)(aa)(AA) would exceed the min-
available to the Secretary concerned for the managing the Fund, conducting audits of the
imum payment amount required under
fiscal year to make payments to eligible Fund, and complying with reporting require-
clause (i), shall not make the payment other-
counties under section 401(c) of the Act of ments relating to the Fund; and
wise required under subparagraph
June 15, 1935 (commonly known as the ‘Ref- ‘‘(iii) to reimburse members of the Board
(A)(ii)(III)(bb) or (B)(ii)(III)(bb), as applica-
uge Revenue Sharing Act’) (49 Stat. 383, for actual and necessary traveling and sub-
ble, for the fiscal year.
chapter 261; 16 U.S.C. 715s(c)), as determined sistence expenses, in accordance with section
‘‘(D) MAXIMUM PAYMENT AMOUNT.—
by the Secretary concerned, the Secretary 300204(h).
‘‘(i) IN GENERAL.—Notwithstanding sub-
concerned shall, based on the formulas for ‘‘(4) ELECTIONS TO OPT OUT AND OPT IN.—
paragraphs (A) and (B), in any case in which
authorized payments established under that ‘‘(A) OPTING OUT.—
the total amount of payments to be distrib-
Act, calculate and submit to the Corporation ‘‘(i) IN GENERAL.—Not later than October 1,
uted by the Corporation to States or eligible
the authorized payment amount for each eli- 2026, a county described in clause (i) or (ii) of
gible county, including— counties, as applicable, from an account
within the Fund for a fiscal year, as cal- section 300201(6)(A) may make a 1-time elec-
‘‘(aa) the amount of the authorized pay- tion to opt out of distributions from the
ment for each eligible county to be paid from culated under subparagraph (A)(ii)(II)(aa) or
(B)(ii)(II)(aa), as applicable, would exceed Fund under this chapter by submitting to
the United States Fish and Wildlife Service the Secretary concerned a written notice of
Account within the Fund; and the applicable highest historic payment, the
Corporation shall reduce the total amount to the election.
‘‘(bb) the amount of the authorized pay- ‘‘(ii) EFFECT.—Subject to subparagraph (B),
ment to be paid for each eligible county be distributed under subitem (AA) or (BB) of
subparagraph (A)(ii)(III)(aa) or subparagraph an election under clause (i) to opt out of dis-
using amounts made available under section
(B)(ii)(III)(aa)(AA), as applicable, to the tributions from the Fund shall be applicable
401(c) of the Act of June 15, 1935 (commonly
amount of the applicable highest historic for—
known as the ‘Refuge Revenue Sharing Act’)
payment. ‘‘(I) the fiscal year during which the notice
(49 Stat. 383, chapter 261; 16 U.S.C. 715s(c)).
‘‘(ii) EFFECT OF MEETING MAXIMUM.—For under that clause is submitted; and
‘‘(III) DISTRIBUTION.—Subject to subpara-
any fiscal year for which amounts in the ‘‘(II) each subsequent fiscal year.
graphs (C) and (D), not later than 40 days
after the date on which the Secretary con- Fund are sufficient to ensure that each State ‘‘(iii) NO EFFECT ON OTHER PAYMENTS.—An
cerned submits the information to the Cor- and eligible county receives from an account election by a county to opt out of distribu-
poration under subclause (II)— within the Fund for a fiscal year, as cal- tions from the Fund under clause (i) shall
‘‘(aa) the Corporation shall— culated under subparagraph (A)(ii)(II)(aa) or not affect the eligibility of the county to re-
‘‘(AA) distribute from the United States (B)(ii)(II)(aa), as applicable, distributions ceive any payment authorized for the county
Fish and Wildlife Service Account within the equal to the applicable highest historic pay- under—
Fund to the eligible counties the amount of ment, such that the distributions from the ‘‘(I) the sixth paragraph under the heading
the authorized payment to be paid from that account are reduced under clause (i), the ‘FOREST SERVICE’ in the Act of May 23, 1908
Account to eligible counties, as determined States and eligible counties shall receive, in (35 Stat. 260, chapter 192; 16 U.S.C. 500), and
under subclause (II)(aa), to be used for the addition to those payments from the Fund, section 13 of the Act of March 1, 1911 (com-
purposes authorized under section any payments authorized for the State or el- monly known as the ‘Weeks Law’) (36 Stat.
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401(c)(5)(C) of the Act of June 15, 1935 (com- igible county under— 963, chapter 186; 16 U.S.C. 500);
monly known as the ‘Refuge Revenue Shar- ‘‘(I) the sixth paragraph under the heading ‘‘(II) subsection (a) of title II of the Act of
ing Act’) (49 Stat. 383, chapter 261; 16 U.S.C. ‘FOREST SERVICE’ in the Act of May 23, 1908 August 28, 1937 (50 Stat. 875, chapter 876; 43
715s(c)(5)(C)); and (35 Stat. 260, chapter 192; 16 U.S.C. 500), and U.S.C. 2605);
‘‘(BB) submit to the Secretary concerned a section 13 of the Act of March 1, 1911 (com- ‘‘(III) the first section of the Act of May 24,
description of the amounts distributed under monly known as the ‘Weeks Law’) (36 Stat. 1939 (53 Stat. 753, chapter 144; 43 U.S.C. 2621);
subitem (AA); and 963, chapter 186; 16 U.S.C. 500); or
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5857
‘‘(IV) section 401(c) of the Act of June 15, uge Revenue Sharing Act’) (49 Stat. 383, SEC. 71203. TRANSFER OF AMOUNTS TO FUND.
1935 (commonly known as the ‘Refuge Rev- chapter 261; 16 U.S.C. 715s(c)), for fiscal year (a) DEFINITION OF ELIGIBLE NONELECTING
enue Sharing Act’) (49 Stat. 383, chapter 261; 2017; COUNTY.—In this section, the term ‘‘eligible
16 U.S.C. 715s(c)). ‘‘(B) the amount allocated to the Bureau of nonelecting county’’ means—
‘‘(iv) TREATMENT.—A county described in Land Management Account is determined in (1) in subsections (b), (c), and (d), a county
clause (i) or (ii) of section 300201(6)(A) that accordance with the ratio that— that—
has not submitted to the Secretary con- ‘‘(i) the total amount of county payments (A) is eligible for a payment under the Se-
cerned a written notice of an election to opt under the Secure Rural Schools and Commu- cure Rural Schools and Community Self-De-
out of distributions from the Fund under nity Self-Determination Act of 2000 (16 termination Act of 2000 (16 U.S.C. 7101 et
clause (i) shall be deemed to have opted in to U.S.C. 7101 et seq.) for fiscal year 2017; bears seq.); and
those distributions. to (B) has not elected to opt out of distribu-
‘‘(B) NOTICE TO OPT IN.—A county that has ‘‘(ii) an amount equal to the sum of— tions from the Natural Resources Permanent
elected to opt out of distributions from the ‘‘(I) the full funding amount for the Secure Fund under section 300207(e)(4)(A) of title 36,
Fund under subparagraph (A) may opt back Rural Schools and Community Self-Deter- United States Code; and
in to the distributions for all subsequent fis- mination Act of 2000 (16 U.S.C. 7101 et seq.) (2) in subsection (e), a county that—
cal years by submitting to the Secretary for fiscal year 2017; and (A) is eligible for a payment under section
concerned, by not later than the date that is ‘‘(II) the total amount of payments to 401(c) of the Act of June 15, 1935 (commonly
2 years after the date on which the county counties under section 401(c) of the Act of known as the ‘‘Refuge Revenue Sharing
submits the written notice under subpara- June 15, 1935 (commonly known as the ‘Ref- Act’’) (49 Stat. 383, chapter 261; 16 U.S.C.
graph (A)(i), a notice of the intent of the uge Revenue Sharing Act’) (49 Stat. 383, 715s(c)); and
county to opt back in. chapter 261; 16 U.S.C. 715s(c)), for fiscal year (B) has not elected to opt out of distribu-
‘‘(f) REPORTS.— 2017; and tions from the Natural Resources Permanent
‘‘(1) QUARTERLY REPORTS.—Not later than ‘‘(C) the amount allocated to the United Fund under section 300207(e)(4)(A) of title 36,
90 days after the date of enactment of this States Fish and Wildlife Service Account is United States Code.
chapter and every 90 days thereafter, the determined in accordance with the ratio (b) SUSPENSION OF PAYMENTS UNDER ACT OF
Corporation shall submit to the Secretary of that— MAY 23, 1908, AND ACT OF MARCH 1, 1911.—Ex-
the Treasury a quarterly report that de- ‘‘(i) the total amount of payments to coun- cept as provided in section 300207(e)(2)(D)(ii)
scribes, with full transparency, for the pe- ties under section 401(c) of the Act of June of title 36, United States Code, for fiscal year
riod covered by report— 15, 1935 (commonly known as the ‘Refuge 2024 and each fiscal year thereafter—
‘‘(A) the assets of the Fund, including a de- Revenue Sharing Act’) (49 Stat. 383, chapter (1) all payments authorized for eligible
scription of the investment policy used for 261; 16 U.S.C. 715s(c)) for fiscal year 2017; nonelecting counties under the sixth para-
the Fund; and bears to graph under the heading ‘‘FOREST SERVICE’’
‘‘(B) the performance of investments in the ‘‘(ii) an amount equal to the sum of— in the Act of May 23, 1908 (35 Stat. 260, chap-
Fund. ‘‘(I) the full funding amount for the Secure ter 192; 16 U.S.C. 500), and section 13 of the
‘‘(2) ANNUAL REPORT.—Annually, the Cor- Rural Schools and Community Self-Deter- Act of March 1, 1911 (commonly known as
poration shall submit to the Committee on mination Act of 2000 (16 U.S.C. 7101 et seq.) the ‘‘Weeks Law’’) (36 Stat. 963, chapter 186;
Finance of the Senate and the Committee on for fiscal year 2017; and 16 U.S.C. 500), shall be suspended; and
Ways and Means of the House of Representa- ‘‘(II) the total amount of payments to (2) the Secretary of the Treasury shall
tives, and make publically available in an counties under section 401(c) of the Act of transfer to the Forest Service Account with-
online searchable database in a machine- June 15, 1935 (commonly known as the ‘Ref- in the Natural Resources Permanent Fund
readable format, a report describing the ac- uge Revenue Sharing Act’) (49 Stat. 383, established by section 300207(b)(1) of title 36,
tivities of the Corporation for the period cov- chapter 261; 16 U.S.C. 715s(c)), for fiscal year United States Code, amounts equal to the
ered by the report, including, at a minimum, 2017. amounts that would have otherwise been dis-
information relating to— ‘‘(j) AGENCY REPORTING.— tributed as payments to eligible nonelecting
‘‘(A) the growth of the Fund; and ‘‘(1) IN GENERAL.—Not later than 1 year counties under the sixth paragraph under the
‘‘(B) applicable sources of revenue. after the date of enactment of this chapter heading ‘‘FOREST SERVICE’’ in the Act of May
‘‘(g) ANNUAL AUDITS.—Not later than 1 and annually thereafter, the Secretary of 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C.
year after the date of enactment of this Agriculture and the Secretary of the Interior 500), and section 13 of the Act of March 1,
chapter and annually thereafter, the Inspec- shall submit to the Corporation information 1911 (commonly known as the ‘‘Weeks Law’’)
tor General of the Department of the Treas- describing activities on Federal land de- (36 Stat. 963, chapter 186; 16 U.S.C. 500).
ury shall conduct an audit of the Fund. (c) SUSPENSION OF PAYMENTS UNDER ACT OF
scribed in subparagraphs (A) and (B), respec-
‘‘(h) OVERSIGHT.—The Inspector General of AUGUST 28, 1937.—Except as provided in sec-
the Department of the Treasury shall con- tively, of section 3(7) of the Secure Rural
tion 300207(e)(2)(D)(ii) of title 36, United
duct periodic reviews of the exercise by the Schools and Community Self-Determination
States Code, for fiscal year 2024 and each fis-
Corporation of the fiduciary and statutory Act of 2000 (16 U.S.C. 7102(7)), on a county-by-
cal year thereafter—
duties of the Corporation. county basis, for the period covered by the
(1) all payments authorized for eligible
‘‘(i) FUNDING.— report, including information regarding—
nonelecting counties under subsection (a) of
‘‘(1) IN GENERAL.—Beginning in fiscal year ‘‘(A) timber sales and associated acres
title II of the Act of August 28, 1937 (50 Stat.
2022, out of any funds in the Treasury not treated, volumes sold and harvested, and rev-
875, chapter 876; 43 U.S.C. 2605), shall be sus-
otherwise appropriated, the Secretary of the enues generated, including, at a minimum—
pended; and
Treasury shall transfer to the Fund 110 per- ‘‘(i) commercial treatment; and
(2) the Secretary of the Treasury shall
cent of such sums as are necessary to ensure ‘‘(ii) precommercial thinning;
transfer to the Bureau of Land Management
that the required minimum payment ‘‘(B) stewardship projects, including, at a
Account within the Natural Resources Per-
amounts under subsection (e)(2)(C)(i) can be minimum—
manent Fund established by section
provided. ‘‘(i) commercial treatment;
300207(b)(2) of title 36, United States Code,
‘‘(2) ALLOCATION AMONG ACCOUNTS.—The ‘‘(ii) prescribed fire; and
amounts equal to the amounts that would
amounts appropriated to the Fund under ‘‘(iii) precommercial thinning;
have otherwise been distributed as payments
paragraph (1) shall be allocated among the ‘‘(C) road work;
to eligible nonelecting counties under sub-
Forest Service Account, the Bureau of Land ‘‘(D) reforestation and associated acres
section (a) of title II of the Act of August 28,
Management Account, and the United States treated, including, at a minimum—
1937 (50 Stat. 875, chapter 876; 43 U.S.C. 2605).
Fish and Wildlife Service Account in a man- ‘‘(i) commercial treatment; (d) SUSPENSION OF PAYMENTS UNDER ACT OF
ner that ensures that— ‘‘(ii) prescribed fire; and MAY 24, 1939.—Except as provided in section
‘‘(A) the amount allocated to the Forest ‘‘(iii) precommercial thinning; 300207(e)(2)(D)(ii) of title 36, United States
Service Account is determined in accordance ‘‘(E) habitat created; Code, for fiscal year 2024 and each fiscal year
with the ratio that— ‘‘(F) culverts replaced; and thereafter—
‘‘(i) the total amount of State payments ‘‘(G) miles of stream restoration. (1) all payments authorized for eligible
under the Secure Rural Schools and Commu- ‘‘(2) PUBLICATION.—Promptly after receipt nonelecting counties under the first section
nity Self-Determination Act of 2000 (16 of the information under paragraph (1), the of the Act of May 24, 1939 (53 Stat. 753, chap-
U.S.C. 7101 et seq.) for fiscal year 2017; bears Corporation shall make the information pub- ter 144; 43 U.S.C. 2621), shall be suspended;
to lically available in an online searchable and
‘‘(ii) an amount equal to the sum of— database in a machine-readable format.’’. (2) the Secretary of the Treasury shall
ctelli on DSK11ZRN23PROD with SENATE
‘‘(I) the full funding amount for the Secure (b) CLERICAL AMENDMENT.—The table of transfer to the Bureau of Land Management
Rural Schools and Community Self-Deter- chapters for subtitle III of title 36, United Account within the Natural Resources Per-
mination Act of 2000 (16 U.S.C. 7101 et seq.) States Code, is amended by inserting after manent Fund established by section
for fiscal year 2017; and the item relating to chapter 3001 the fol- 300207(b)(2) of title 36, United States Code,
‘‘(II) the total amount of payments to lowing: amounts equal to the amounts that would
counties under section 401(c) of the Act of ‘‘3002. Forest and Refuge County have otherwise been distributed as payments
June 15, 1935 (commonly known as the ‘Ref- Foundation 300201’’. ..................... to eligible nonelecting counties under the
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S5858 CONGRESSIONAL RECORD — SENATE August 4, 2021
first section of the Act of May 24, 1939 (53 Bureau of Labor Statistics of the Depart- tributions under section 300207(e)(4)(A) of
Stat. 753, chapter 144; 43 U.S.C. 2621). ment of Labor); and title 36, United States Code—
(e) SUSPENSION OF PAYMENTS UNDER REF- ‘‘(ii) for purposes of the calculations under ‘‘(i) shall not receive any payment under
UGE REVENUE SHARING ACT.—Except as pro- section 101(b), an amount equal to the great- this section; and
vided in section 300207(e)(2)(D)(ii) of title 36, er of— ‘‘(ii) may receive payments only under, as
United States Code, for fiscal year 2024 and ‘‘(I) the amount distributed from the Bu- applicable—
each fiscal year thereafter— reau of Land Management Account within ‘‘(I) the sixth paragraph under the heading
(1) all payments authorized for eligible the Natural Resources Permanent Fund ‘FOREST SERVICE’ in the Act of May 23, 1908
nonelecting counties under section 401(c) of under section 300207(e)(2)(A) of title 36, (35 Stat. 260, chapter 192; 16 U.S.C. 500), and
the Act of June 15, 1935 (commonly known as United States Code; and section 13 of the Act of March 1, 1911 (com-
the ‘‘Refuge Revenue Sharing Act’’) (49 Stat. ‘‘(II) the total amount of all county pay- monly known as the ‘Weeks Law’) (36 Stat.
383, chapter 261; 16 U.S.C. 715s(c)), shall be ments for fiscal year 2017 (as adjusted to re- 963, chapter 186; 16 U.S.C. 500);
suspended; and flect changes during the period beginning on ‘‘(II) subsection (a) of title II of the Act of
(2) the Secretary of the Treasury shall October 1, 2017, in the Consumer Price Index August 28, 1937 (50 Stat. 875, chapter 876; 43
transfer to the United States Fish and Wild- for All Urban Consumers published by the U.S.C. 2605); and
life Service Account within the Natural Re- Bureau of Labor Statistics of the Depart- ‘‘(III) the first section of the Act of May 24,
sources Permanent Fund established by sec- ment of Labor).’’; 1939 (53 Stat. 753, chapter 144; 43 U.S.C.
tion 300207(b)(3) of title 36, United States (6) in paragraph (12)— 2621).’’.
Code, amounts equal to the amounts that (A) in subparagraph (A), by inserting ‘‘con- (3) NOTIFICATION OF ELECTION.—Section
would have otherwise been distributed as taining Federal land described in paragraph 102(d)(1) of the Secure Rural Schools and
payments to eligible nonelecting counties (7)(A)’’ after ‘‘eligible county’’; and Community Self-Determination Act of 2000
under section 401(c) of the Act of June 15, (B) in subparagraph (B), by inserting ‘‘con- (16 U.S.C. 7112(d)(1)) is amended—
1935 (commonly known as the ‘‘Refuge Rev- taining Federal land described in paragraph (A) in subparagraph (A), by striking ‘‘sub-
enue Sharing Act’’) (49 Stat. 383, chapter 261; (7)(A)’’ after ‘‘eligible counties’’; and paragraph (D)’’ and inserting ‘‘subparagraphs
16 U.S.C. 715s(c)). (D) and (G)’’; and
(7) by redesignating paragraphs (10)
SEC. 71204. AMENDMENTS TO SECURE RURAL (B) by adding at the end the following:
through (17) as paragraphs (9) through (16),
SCHOOLS AND COMMUNITY SELF- ‘‘(G) FISCAL YEAR 2024 AND THEREAFTER.—
DETERMINATION ACT OF 2000. respectively.
For fiscal year 2024 and each fiscal year
(a) DEFINITIONS.—Section 3 of the Secure (b) PERMANENT AUTHORIZATION; SOURCE OF thereafter—
Rural Schools and Community Self-Deter- PAYMENT AMOUNTS.— ‘‘(i) the allocation of funds required under
mination Act of 2000 (16 U.S.C. 7102) is (1) CALCULATION OF PAYMENTS.—Section 101 subparagraph (A) shall not be required;
amended— of the Secure Rural Schools and Community ‘‘(ii) of the amounts received for the fiscal
(1) in paragraph (1)(B), by striking ‘‘and Self-Determination Act of 2000 (16 U.S.C. year—
paragraph (8)(A)’’; 7111) (as amended by section 41202(b)(1)) is ‘‘(I) 85 percent shall be expended in the
(2) in paragraph (2)— amended— same manner in which the 25-percent pay-
(A) in subparagraph (A)(ii)— (A) in subsection (a), in the matter pre- ments or 50-percent payments, as applicable,
(i) by inserting ‘‘of’’ before ‘‘acres’’; and ceding paragraph (1), by striking ‘‘of fiscal are required to be expended; and
(ii) by inserting ‘‘described in paragraph years’’ and all that follows through ‘‘the ‘‘(II) 15 percent shall be expended on coun-
(7)(A)’’ after ‘‘Federal land’’; and Secretary of Agriculture’’ and inserting ‘‘fis- ty projects in accordance with title III; and
(B) in subparagraph (B)(ii), by striking cal year, the Secretary of Agriculture’’; and ‘‘(iii) the elections otherwise required by
‘‘and paragraph (9)(B)(i)’’; (B) in subsection (b), in the matter pre- subparagraphs (B), (C), and (D), or considered
(3) in paragraph (4)— ceding paragraph (1), by striking ‘‘of fiscal to be made under paragraph (3)(B), as appli-
(A) in subparagraph (A), by striking ‘‘and’’ years’’ and all that follows through ‘‘the cable, shall not apply or be required for pay-
at the end; Secretary of the Interior’’ and inserting ‘‘fis- ments made for the fiscal year.’’.
(B) in subparagraph (B), by striking the pe- cal year, the Secretary of the Interior’’. (4) DISTRIBUTION OF PAYMENTS TO ELIGIBLE
riod at the end and inserting ‘‘; and’’; and (2) ELECTIONS.—Section 102(b) of the Secure COUNTIES.—Section 103(d)(2) of the Secure
(C) by adding at the end the following: Rural Schools and Community Self-Deter- Rural Schools and Community Self-Deter-
‘‘(C) has not elected to opt out of distribu- mination Act of 2000 (16 U.S.C. 7112(b)) is mination Act of 2000 (16 U.S.C. 7113(d)(2)) (as
tions from the Natural Resources Permanent amended— amended by section 41202(b)(2)) is amended—
Fund under section 300207(e)(4)(A) of title 36, (A) in paragraph (1)— (A) by striking ‘‘and for each’’ and insert-
United States Code.’’; (i) in subparagraph (A), by inserting ing ‘‘, for each’’; and
(4) by striking paragraphs (8) and (9) and ‘‘through fiscal year 2023’’ after ‘‘second fis- (B) by inserting ‘‘, and for fiscal year 2024
inserting the following: cal year thereafter’’; and and each fiscal year thereafter’’ before the
‘‘(8) 50-PERCENT ADJUSTED SHARE.—The (ii) by adding at the end the following: period at the end.
term ‘50-percent adjusted share’ means the ‘‘(E) FISCAL YEAR 2024 AND THEREAFTER.— (5) TERMINATION OF AUTHORITY.—Title III of
quotient obtained by dividing— For fiscal year 2024 and each fiscal year the Secure Rural Schools and Community
‘‘(A) the number equal to the total of all thereafter— Self-Determination Act of 2000 (16 U.S.C. 7141
50-percent payments received by an eligible ‘‘(i) the election otherwise required by sub- et seq.) is amended by striking section 305
county during the eligibility period; by paragraph (A) shall not apply; and (as redesignated by section 41202(g)(1)).
‘‘(B) the number equal to the sum of all 50- ‘‘(ii) each affected county shall receive (c) REPEAL OF AUTHORITY TO CONDUCT SPE-
percent payments received by all eligible payments in accordance with chapter 3002 of CIAL PROJECTS ON FEDERAL LAND.—
counties during the eligibility period.’’; title 36, United States Code, unless the af- (1) IN GENERAL.—Title II of the Secure
(5) in paragraph (11) (as amended by sec- fected county elects to opt out of distribu- Rural Schools and Community Self-Deter-
tion 41202(a))— tions under section 300207(e)(4)(A) of that mination Act of 2000 (16 U.S.C. 7121 et seq.) is
(A) in subparagraph (E), by striking ‘‘and’’ title.’’; repealed.
at the end; (B) in paragraph (2)(B), by striking (2) CONFORMING AMENDMENTS.—
(B) in subparagraph (F)— ‘‘through fiscal year 2015 and for each of fis- (A) Section 102(d) of the Secure Rural
(i) by striking ‘‘fiscal year 2021 and each cal years 2017 through 2020’’; and Schools and Community Self-Determination
fiscal year thereafter’’ and inserting ‘‘each of (C) by striking paragraph (3) and inserting Act of 2000 (16 U.S.C. 7112(d)) is amended—
fiscal years 2021 through 2023’’; and the following: (i) in paragraph (1)—
(ii) by striking the period at the end and ‘‘(3) SOURCE OF PAYMENT AMOUNTS.— (I) in subparagraph (B)—
inserting ‘‘; and’’; and ‘‘(A) IN GENERAL.—With respect to an eligi- (aa) by striking clause (i);
(iii) by adding at the end the following: ble State or eligible county that has not (bb) by redesignating clauses (ii) and (iii)
‘‘(G) for fiscal year 2024 and each fiscal elected to opt out of distributions under sec- as clauses (i) and (ii), respectively; and
year thereafter— tion 300207(e)(4)(A) of title 36, United States (cc) in clause (ii) (as so redesignated), by
‘‘(i) for purposes of the calculations under Code, the payment under this section for a striking ‘‘clauses (i) and (ii)’’ and inserting
section 101(a), an amount equal to the great- fiscal year shall be derived from— ‘‘clause (i)’’;
er of— ‘‘(i) distributions to be paid under section (II) in subparagraph (C)—
‘‘(I) the amount distributed from the For- 300207(e)(2)(A)(ii)(III)(aa) of title 36, United (aa) by striking clause (i);
est Service Account within the Natural Re- States Code; and (bb) by redesignating clauses (ii) and (iii)
sources Permanent Fund under section ‘‘(ii) to the extent that amounts made as clauses (i) and (ii), respectively; and
ctelli on DSK11ZRN23PROD with SENATE
300207(e)(2)(A) of title 36, United States Code; available under clause (i) are insufficient, (cc) in clause (ii) (as so redesignated), by
and any amounts that are appropriated to carry striking ‘‘clauses (i) and (ii)’’ and inserting
‘‘(II) the total amount of all State pay- out this Act, to be distributed in accordance ‘‘clause (i)’’; and
ments for fiscal year 2017 (as adjusted to re- with section 300207(e)(2)(A)(ii)(III)(bb) of title (III) in subparagraphs (E) and (F), by strik-
flect changes during the period beginning on 36, United States Code. ing ‘‘paragraph (3)(B)’’ each place it appears
October 1, 2017, in the Consumer Price Index ‘‘(B) EXCEPTION.—An eligible State or eligi- and inserting ‘‘paragraph (2)(B)’’;
for All Urban Consumers published by the ble county that has elected to opt out of dis- (ii) by striking paragraph (2);
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5859
(iii) by redesignating paragraph (3) as para- ‘‘(13) to provide or expand access to— U.S.C. 7123) (as in effect on the day before
graph (2); and ‘‘(A) broadband telecommunications serv- the date of enactment of this Act); and
(iv) in subparagraph (B)(ii) of paragraph (2) ices at local schools; or (B) is approved by the Secretary concerned
(as so redesignated), by inserting ‘‘(as in ef- ‘‘(B) the technology and connectivity nec- in accordance with section 204 of that Act (16
fect on the day before the date of enactment essary for students to use a digital learning U.S.C. 7124) (as in effect on the day before
of the Forest Management for Rural Sta- tool at or outside of a local school campus.’’. the date of enactment of this Act).
bility Act)’’ after ‘‘204(a)(5)’’. (e) CERTIFICATION.—Section 303 of the Se- (c) RETURN OF UNOBLIGATED FUNDS.—Any
(B) Section 302(b) of the Secure Rural cure Rural Schools and Community Self-De- project funds that remain unobligated after
Schools and Community Self-Determination termination Act of 2000 (16 U.S.C. 7143) is the date that is 2 years after the date on
Act of 2000 (16 U.S.C. 7142(b)) is amended— amended— which the applicable resource advisory com-
(i) in paragraph (1), by striking ‘‘; and’’ at (1) in subsection (a), by striking ‘‘February mittee has a quorum shall be returned to the
the end and inserting a period; 1’’ and all that follows through ‘‘Secretary Treasury of the United States.
(ii) in the matter preceding paragraph (1), concerned’’ and inserting ‘‘February 1 of
by striking ‘‘shall—’’ and all that follows each calendar year beginning after a cal- SEC. 71206. FUNDING FOR REFUGE REVENUE
through ‘‘publish’’ in paragraph (1) and in- endar year during which not less than $35,000 SHARING ACT.
serting ‘‘shall publish’’; and of county funds were expended by a partici- (a) SOURCE OF PAYMENTS TO COUNTIES.—
(iii) by striking paragraph (2). pating county, the appropriate official of the Section 401(c) of the Act of June 15, 1935
(C) Title IV of the Secure Rural Schools participating county shall submit to the (commonly known as the ‘‘Refuge Revenue
and Community Self-Determination Act of Forest and Refuge County Foundation estab- Sharing Act’’) (49 Stat. 383, chapter 261; 16
2000 (16 U.S.C. 7151 et seq.) is amended by lished by section 300202 of title 36, United U.S.C. 715s(c)), is amended adding at the end
striking section 403 (16 U.S.C. 7153) and in- States Code,’’; and the following:
serting the following: (2) in subsection (b)— ‘‘(6) SOURCE OF PAYMENTS TO COUNTIES.—
‘‘SEC. 403. TREATMENT OF FUNDS. (A) by striking ‘‘Secretary concerned Notwithstanding any other provision of this
‘‘Funds made available under section 402 shall’’ and inserting ‘‘Forest and Refuge section, for fiscal year 2024 and each fiscal
shall be in addition to any other annual ap- County Foundation shall’’; and year thereafter, with respect to counties
propriations for the Forest Service and the (B) by striking ‘‘Secretary concerned de- that have not elected to opt out of distribu-
Bureau of Land Management.’’. termines’’ and inserting ‘‘Foundation deter- tions under section 300207(e)(4)(A) of title 36,
(D) Section 603(b)(1)(C)(ii)(II) of the mines’’. United States Code, instead of making the
Healthy Forests Restoration Act of 2003 (16 (f) FUNDING.—Title IV of the Secure Rural payments to the applicable counties required
U.S.C. 6591b(b)(1)(C)(ii)(II)) is amended by in- Schools and Community Self-Determination under paragraphs (1) and (2) from the fund,
serting ‘‘(as in effect on the day before the Act of 2000 (16 U.S.C. 7151 et seq.) is amended the payments shall be derived from—
date of enactment of the Forest Management by striking section 402 (16 U.S.C. 7152) and in- ‘‘(A) distributions to be paid under section
for Rural Stability Act’’) before the period at serting the following: 300207(e)(2)(B)(ii)(III)(aa)(AA) of title 36,
the end. ‘‘SEC. 402. FUNDING. United States Code; and
(E) Section 4003(b)(2)(B)(ii) of the Omnibus ‘‘(a) IN GENERAL.—On October 1 of each fis- ‘‘(B) to the extent that amounts made
Public Land Management Act of 2009 (16 cal year, out of any funds in the Treasury available under subparagraph (A) are insuffi-
U.S.C. 7303(b)(2)(B)(ii)) is amended by strik- not otherwise appropriated, the Secretary of cient, any amounts that are appropriated
ing ‘‘500 note)’’ and inserting ‘‘7125) (as in ef- the Treasury shall transfer to the Secretary under subsection (d), to be distributed in ac-
fect on the day before the date of enactment concerned such sums as are necessary to cordance with section
of the Forest Management for Rural Sta- carry out this Act, to remain available until 300207(e)(2)(B)(ii)(III)(bb) of title 36, United
bility Act)’’. expended. States Code.’’.
(3) EFFECTIVE DATE.—The amendments ‘‘(b) RECEIPT AND ACCEPTANCE.—The Sec-
(b) FUNDING.—Section 401 of the Act of
made by this subsection are effective on Oc- retary concerned shall be entitled to receive,
June 15, 1935 (commonly known as the ‘‘Ref-
tober 1, 2024. shall accept, and shall use to carry out this
uge Revenue Sharing Act’’) (49 Stat. 383,
(d) USE OF FUNDS.—Section 302(a) of the section the funds transferred under sub-
chapter 261; 16 U.S.C. 715s), is amended by
Secure Rural Schools and Community Self- section (a), without further appropriation.’’.
striking subsection (d) and inserting the fol-
Determination Act of 2000 (16 U.S.C. 7142(a)) SEC. 71205. TIMELINE FOR RESOURCE ADVISORY lowing:
(as amended by section 41202(e)) is amended— COMMITTEE EXPENDITURES.
(1) in paragraph (2)(A), by striking ‘‘on (a) DEFINITIONS.—In this section: ‘‘(d) FUNDING FOR PAYMENTS.—
Federal land’’; (1) PARTICIPATING COUNTY; PROJECT ‘‘(1) IN GENERAL.—On October 1 of each fis-
(2) in paragraph (4), by striking ‘‘and’’ at FUNDS.—The terms ‘‘participating county’’ cal year, out of any funds in the Treasury
the end; and ‘‘project funds’’ have the meanings given not otherwise appropriated, the Secretary of
(3) in paragraph (5)(B), by striking the pe- those terms in section 201 of the Secure the Treasury shall transfer to the Secretary
riod at the end and inserting a semicolon; Rural Schools and Community Self-Deter- such sums as are necessary to make pay-
and mination Act of 2000 (16 U.S.C. 7121) (as in ef- ments under paragraphs (1) and (2) of sub-
(4) by adding at the end the following: fect on the day before the date of enactment section (c) to counties, after taking into ac-
‘‘(6) for job training or job creation activi- of this Act). count—
ties; (2) RESOURCE ADVISORY COMMITTEE.—The ‘‘(A) amounts in the fund available for the
‘‘(7) for projects approved by— term ‘‘resource advisory committee’’ means payments for the fiscal year; and
‘‘(A) a resource advisory committee (as de- a resource advisory committee (as defined in ‘‘(B) amounts made available for payments
fined in section 300201 of title 36, United section 201 of the Secure Rural Schools and from the National Resources Permanent
States Code); or Community Self-Determination Act of 2000 Fund established by section 300207(a) of title
‘‘(B) a forest collaborative; (16 U.S.C. 7121) (as in effect on the day before 36, United States Code, for the fiscal year.
‘‘(8) for natural resource conservation the date of enactment of this Act)). ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec-
projects; (3) SECRETARY CONCERNED.—The term ‘‘Sec- retary shall be entitled to receive, shall ac-
‘‘(9) for forest health treatments; retary concerned’’ has the meaning given the cept, and shall use to carry out this section
‘‘(10) for economic development activities; term in section 3 of the Secure Rural Schools the funds transferred under paragraph (1),
‘‘(11) for transportation infrastructure and Community Self-Determination Act of without further appropriation.’’.
projects on county road systems that serve 2000 (16 U.S.C. 7102). SEC. 71207. EXEMPTION OF CERTAIN PAYMENTS
Federal land; (b) TIMELINE.—Notwithstanding any other FROM SEQUESTRATION.
‘‘(12) to plan, develop, or carry out projects provision of law, if a resource advisory com-
on Federal land that— mittee has any unobligated project funds (a) IN GENERAL.—Section 255(g)(1)(A) of the
‘‘(A) are consistent with applicable Federal available on the date described in section Balanced Budget and Emergency Deficit
laws (including regulations) and forest plans; 207(a) of the Secure Rural Schools and Com- Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is
‘‘(B) create private sector jobs, generate munity Self-Determination Act of 2000 (16 amended by inserting after ‘‘Payments to
county revenue, or provide merchantable for- U.S.C. 7127(a)) (as in effect on the day before Social Security Trust Funds (28–0404–0–1–
est products; and the date of enactment of this Act), those 651).’’ the following:
‘‘(C) may include— project funds— ‘‘Payments to States and eligible counties
‘‘(i) forest health treatments; (1) shall remain available for obligation from the National Resources Permanent
‘‘(ii) implementation of work under a Mas- until the date that is 2 years after the date Fund established by section 300207(a) of title
ctelli on DSK11ZRN23PROD with SENATE
ter Stewardship Agreement; on which the resource advisory committee 36, United States Code.’’.
‘‘(iii) implementation of work under a good has a quorum; and (b) APPLICABILITY.—The amendment made
neighbor agreement (as defined in section (2) shall not be obligated except in accord- by this section shall apply to any sequestra-
8206(a) of the Agricultural Act of 2014 (16 ance with a project proposal that— tion order issued under the Balanced Budget
U.S.C. 2113a(a))); or (A) is submitted by the resource advisory and Emergency Deficit Control Act of 1985 (2
‘‘(iv) forest road replacement, rehabilita- committee to the Secretary concerned in ac- U.S.C. 900 et seq.) on or after the date of en-
tion, or reconstruction; or cordance with section 203 of that Act (16 actment of this Act.
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S5860 CONGRESSIONAL RECORD — SENATE August 4, 2021
SEC. 71208. CALCULATION OF CERTAIN PAY- ways, highway safety programs, and a National Scenic Area in recognition of the
MENTS UNDER THE PAYMENTS IN outstanding natural, scenic, and recreational
LIEU OF TAXES PROGRAM.
transit programs, and for other pur-
poses; which was ordered to lie on the values of the area.
Section 6903(b) of title 31, United States (3) NATIONAL TRAIL SYSTEM.—The term
Code, is amended by adding at the end the table; as follows: ‘‘National Trail System’’ means an area de-
following: Strike section 11315 of division A. scribed in section 3 of the National Trails
‘‘(3) For purposes of calculating payments Strike section 11317 of division A. System Act (16 U.S.C. 1242).
under this subsection, a payment to a unit of Strike section 11318 of division A. (4) PUBLIC AUTHORITY; TOLL FACILITY.—The
general local government from the Natural Strike section 40206 of division D. terms ‘‘public authority’’ and ‘‘toll facility’’
Resources Permanent Fund established by Strike section 40806 of division D. have the meanings such terms would have if
section 300207(a) of title 36 shall be treated as Strike section 40807 of division D. such terms were included in chapter 1 of title
follows: 23, United States Code.
‘‘(A) Payments from the Forest Service Ac- SA 2511. Mr. BLUMENTHAL (for (b) EXEMPTION FROM CERTAIN REQUIRE-
count established under section 300207(b)(1) himself, Mr. MARKEY, Mr. MURPHY, Mr. MENTS.—Notwithstanding any provision of
of title 36 shall be treated as payments made VAN HOLLEN, Mrs. GILLIBRAND, Ms. title 23, United States Code, or any regula-
pursuant to the sixth paragraph under the WARREN, and Mr. BOOKER) submitted tion issued by the Secretary, section 129(a)(3)
heading ‘FOREST SERVICE’ in the Act of May of that title shall not apply to a covered pub-
23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C.
an amendment intended to be proposed
lic authority that receives funding under
500), and section 13 of the Act of March 1, to amendment SA 2137 proposed by Mr. that title for pedestrian and bike safety im-
1911 (commonly known as the ‘Weeks Law’) SCHUMER (for Ms. SINEMA (for herself, provements.
(36 Stat. 963, chapter 186; 16 U.S.C. 500). Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (c) NO TOLL.—A covered public authority
‘‘(B) Payments made from the Bureau of SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. may not charge a toll, fee, or other levy for
Land Management Account established TESTER, Ms. MURKOWSKI, Mr. WARNER, the use of an improvement described in sub-
under section 300207(b)(2) of title 36 shall be and Mr. ROMNEY)) to the bill H.R. 3684, section (b).
treated as payments made pursuant to sub- (d) EFFECTIVE DATE.—
to authorize funds for Federal-aid high- (1) IN GENERAL.—A covered public author-
section (a) of title II of the Act of August 28,
1937 (50 Stat. 875, chapter 876; 43 U.S.C. 2605).
ways, highway safety programs, and ity shall be eligible for an exemption under
‘‘(C) Payments made from the United transit programs, and for other pur- subsection (b) during the 10-year period be-
States Fish and Wildlife Account established poses; which was ordered to lie on the ginning on the date of enactment of this Act.
under section 300207(b)(3) of title 36 shall be table; as follows: (2) APPLICABILITY OF EXEMPTION.—Any ex-
treated the same as payments made pursu- On page 2672, line 10, strike ‘‘$6,000,000,000’’ emption granted under section this shall re-
ant to section 401(c)(2) of the Act of June 15, and insert ‘‘$16,000,000,000’’. main in effect after the effective date de-
1935 (commonly known as the ‘Refuge Rev- On page 2672, line 13, strike scribed in paragraph (1).
enue Sharing Act’) (49 Stat. 383, chapter 261; ‘‘$1,200,000,000’’and insert ‘‘$3,200,000,000’’.
16 U.S.C. 715s(c)(2)).’’. On page 2672, line 15, strike SA 2513. Mr. MERKLEY submitted an
‘‘$1,200,000,000’’and insert ‘‘$3,200,000,000’’. amendment intended to be proposed to
SA 2509. Mr. BOOKER (for himself, On page 2672, line 16, strike amendment SA 2137 proposed by Mr.
Mr. CARPER, and Ms. DUCKWORTH) sub- ‘‘$1,200,000,000’’and insert ‘‘$3,200,000,000’’. SCHUMER (for Ms. SINEMA (for herself,
mitted an amendment intended to be On page 2672, line 18, strike Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
proposed to amendment SA 2137 pro- ‘‘$1,200,000,000’’and insert ‘‘$3,200,000,000’’. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
posed by Mr. SCHUMER (for Ms. SINEMA On page 2672, line 20, strike TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘$1,200,000,000’’and insert ‘‘$3,200,000,000’’. and Mr. ROMNEY)) to the bill H.R. 3684,
(for herself, Mr. PORTMAN, Mr. On page 2681, line 5, strike ‘‘$36,000,000,000’’
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, to authorize funds for Federal-aid high-
and insert ‘‘$56,000,000,000’’.
Ms. COLLINS, Mr. TESTER, Ms. MUR- On page 2681, line 7, strike ‘‘$7,200,000,000’’ ways, highway safety programs, and
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) and insert ‘‘$11,200,000,000’’. transit programs, and for other pur-
to the bill H.R. 3684, to authorize funds On page 2681, line 9, strike ‘‘$7,200,000,000’’ poses; which was ordered to lie on the
for Federal-aid highways, highway and insert ‘‘$11,200,000,000’’. table; as follows:
safety programs, and transit programs, On page 2681, line 11, strike ‘‘$7,200,000,000’’ On page 1663, line 7, strike ‘‘ELECTRIC VEHI-
and insert ‘‘$11,200,000,000’’. CLES’’ and insert ‘‘AUTOMOBILES’’.
and for other purposes; which was or-
On page 2681, line 12, strike ‘‘$7,200,000,000’’ On page 1663, lines 11 and 12, strike ‘‘elec-
dered to lie on the table; as follows: and insert ‘‘$11,200,000,000’’. tric vehicles’’ and insert ‘‘internal combus-
At the end of the amendment, add the fol- On page 2681, line 14, strike ‘‘$7,200,000,000’’ tion engine vehicles, including oil explo-
lowing: and insert ‘‘$11,200,000,000’’. ration and drilling’’.
DIVISION ll—ENVIRONMENTAL JUSTICE On page 2681, line 18, strike
GRANT PROGRAMS ‘‘$24,000,000,000’’ and insert ‘‘$44,000,000,000’’. SA 2514. Mr. MERKLEY (for himself
SEC. ll. ENVIRONMENTAL JUSTICE GRANT and Mr. INHOFE) submitted an amend-
PROGRAMS. SA 2512. Mr. MERKLEY (for himself ment intended to be proposed to
(a) ENVIRONMENTAL JUSTICE GRANTS.—The and Mr. WYDEN) submitted an amend- amendment SA 2137 proposed by Mr.
Administrator of the Environmental Protec- ment intended to be proposed to SCHUMER (for Ms. SINEMA (for herself,
tion Agency is authorized to carry out— amendment SA 2137 proposed by Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(1) the Environmental Justice Small SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
SCHUMER (for Ms. SINEMA (for herself,
Grants Program and the Environmental Jus-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- TESTER, Ms. MURKOWSKI, Mr. WARNER,
tice Collaborative Problem-Solving Coopera-
tive Agreement Program, as those programs SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Mr. ROMNEY)) to the bill H.R. 3684,
are in existence on the date of enactment of TESTER, Ms. MURKOWSKI, Mr. WARNER, to authorize funds for Federal-aid high-
this Act; and and Mr. ROMNEY)) to the bill H.R. 3684, ways, highway safety programs, and
(2) the Community Action for a Renewed to authorize funds for Federal-aid high- transit programs, and for other pur-
Environment grant programs I and II, as in ways, highway safety programs, and poses; which was ordered to lie on the
existence on January 1, 2012. transit programs, and for other pur- table; as follows:
(b) AUTHORIZATION OF APPROPRIATIONS.— In paragraph (1) of the matter under the
There are authorized to be appropriated to
poses; which was ordered to lie on the
table; as follows: heading ‘‘STATE AND TRIBAL ASSISTANCE
carry out the programs described in sub- GRANTS’’ under the heading ‘‘ENVIRON-
section (a)— At the end of subtitle A of title I of divi- MENTAL PROTECTION AGENCY’’ in title
(1) $50,000,000 for fiscal year 2022; and sion A, add the following: VI of division J, strike the second and third
(2) such sums as may be necessary for each SEC. 111llll. FEDERAL GRANTS FOR PEDES- provisos and insert ‘‘Provided further, That
fiscal year thereafter. TRIAN AND BIKE SAFETY IMPROVE- funds provided under this paragraph in this
MENTS. Act shall not be subject to the matching or
SA 2510. Mr. BOOKER submitted an (a) DEFINITIONS.—In this section: cost share requirements of sections 602(b)(2),
amendment intended to be proposed to (1) COVERED PUBLIC AUTHORITY.—The term 602(b)(3), or 202 of the Federal Water Pollu-
amendment SA 2137 proposed by Mr. ‘‘covered public authority’’ means a public tion Control Act: Provided further, That, not-
ctelli on DSK11ZRN23PROD with SENATE
SCHUMER (for Ms. SINEMA (for herself, authority with jurisdiction over a toll facil- withstanding the requirements of section
ity located within— 603(d) of the Federal Water Pollution Control
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(A) a National Scenic Area; and Act, for the funds provided under this para-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (B) the National Trail System. graph in this Act, each State shall use not
TESTER, Ms. MURKOWSKI, Mr. WARNER, (2) NATIONAL SCENIC AREA.—The term ‘‘Na- less than 50 percent of the amount of its cap-
and Mr. ROMNEY)) to the bill H.R. 3684, tional Scenic Area’’ means an area of the Na- italization grants to provide additional sub-
to authorize funds for Federal-aid high- tional Forest System federally designated as sidization to eligible recipients in the form
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5861
of assistance agreements with 100 percent TITLE V—IGNITE HBCU EXCELLENCE ACT improve access to high-speed broadband suf-
forgiveness of principal or grants, or any SEC. 15001. SHORT TITLE. ficient to support digital learning in accord-
combination of these:’’. This title may be cited as the ‘‘Institu- ance with section 15003(a)(6); or
In paragraph (2) of the matter under the tional Grants for New Infrastructure, Tech- (B) at which the highest degree that is pre-
heading ‘‘STATE AND TRIBAL ASSISTANCE nology, and Education for HBCU Excellence dominantly awarded to students is an associ-
GRANTS’’ under the heading ‘‘ENVIRON- Act’’ or the ‘‘IGNITE HBCU Excellence Act’’. ate’s degree.
MENTAL PROTECTION AGENCY’’ in title SEC. 15002. GRANTS FOR THE LONG-TERM IM- (d) GEOGRAPHIC DISTRIBUTION.—The Sec-
VI of division J, strike the second and third PROVEMENT OF HBCUS. retary shall ensure that grants under this
provisos and insert ‘‘Provided further, That (a) IN GENERAL.—The Secretary shall section are awarded to eligible entities in a
funds provided under this paragraph in this award grants to eligible entities, on a com- manner that reflects the geographic distribu-
Act shall not be subject to the matching or petitive basis, to support long-term improve- tion of such entities in the United States.
ments to the facilities of such entities in ac- (e) TECHNICAL ASSISTANCE.—The Secretary,
cost share requirements of section 1452(e) of
cordance with this title. directly or by grant or contract, may provide
the Safe Drinking Water Act: Provided fur-
(b) APPLICATION.—To be considered for a technical assistance to eligible entities to
ther, That, notwithstanding the require-
grant under this section, an eligible entity prepare the entities to qualify, apply for, and
ments of section 1452(f) of the Safe Drinking
shall submit an application to the Secretary maintain a grant, under this title.
Water Act, for the funds provided under this (f) RELATIONSHIP TO HBCU CAPITAL FINANC-
paragraph in this Act, each State shall use at such time, in such manner, and con-
taining such information as the Secretary ING PROGRAM.—
not less than 50 percent of the amount of its (1) IN GENERAL.—The Secretary may take
capitalization grants to provide additional may require, including—
(1) to the extent possible, the information into consideration whether an eligible entity
subsidization to eligible recipients in the has received a loan under a loan agreement
form of assistance agreements with 100 per- necessary for the Secretary to make the de-
terminations under subsection (c); made under part D of title III of the Higher
cent forgiveness of principal or grants, or Education Act of 1965 (20 U.S.C. 1066 et seq.)
(2) a description of the projects that such
any combination of these:’’. when—
eligible entity plans to carry out with the
In paragraph (3) of the matter under the grant, and how such projects will advance (A) reviewing grant applications under this
heading ‘‘STATE AND TRIBAL ASSISTANCE the long-term goals of the entity; and section;
GRANTS’’ under the heading ‘‘ENVIRON- (3) an explanation of how such projects will (B) determining priority under subsection
MENTAL PROTECTION AGENCY’’ in title reduce risks to the health, welfare, and safe- (c); and
VI of division J, strike the third proviso and ty of students, staff, administrators, faculty, (C) determining the amount awarded for a
insert ‘‘Provided further, That funds provided researchers, and guests at such eligible enti- grant under this title.
under this paragraph in this Act deposited ty. (2) PRIORITY.—With respect to paragraph
into Drinking Water State Revolving Funds (c) PRIORITY.—In awarding grants under (1)(B), the Secretary may—
shall be provided to eligible recipients as as- this section, the Secretary— (A) determine that an eligible entity
sistance agreements with 100 percent prin- (1) shall give priority to eligible entities should not receive priority under subsection
cipal forgiveness or as grants (or a combina- that— (c) if such entity has received a loan under a
tion of these):’’. (A) demonstrate the greatest need to im- loan agreement made under part D of title
prove campus facilities, as determined by a III of the Higher Education Act of 1965 (20
SA 2515. Mr. MERKLEY (for himself comparison of factors identified by the Sec- U.S.C. 1066 et seq.); and
and Ms. MURKOWSKI) submitted an retary, which may include— (B) determine that an eligible entity
amendment intended to be proposed to (i) consideration of threats posed by the should receive higher priority under sub-
proximity of such facilities to toxic sites; section (c) if such entity has not received a
amendment SA 2137 proposed by Mr.
(ii) the vulnerability of such facilities to loan under a loan agreement made under
SCHUMER (for Ms. SINEMA (for herself, natural disasters and environmental risks; part D of title III of the Higher Education
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (iii) the median age of such facilities, in- Act of 1965 (20 U.S.C. 1066 et seq.).
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. cluding the facilities that such eligible enti- SEC. 15003. GRANT USES.
TESTER, Ms. MURKOWSKI, Mr. WARNER, ties will use grant funds to improve; (a) PERMITTED USES.—Except as provided
and Mr. ROMNEY)) to the bill H.R. 3684, (iv) the extent to which student enroll- in subsection (b), an eligible entity that re-
to authorize funds for Federal-aid high- ment exceeds physical and instructional ca- ceives a grant under this title shall use such
ways, highway safety programs, and pacity; grant funds to carry out at least one of the
(v) the condition of major systems in such following activities:
transit programs, and for other pur- facilities such as heating, ventilation, air (1) Construct, modernize, renovate, or ret-
poses; which was ordered to lie on the conditioning, electrical, water, and sewer rofit the campus facilities of such entity,
table; as follows: systems; which may include—
On page 2585, line 6, strike ‘‘three’’ and in- (vi) the condition of roofs, windows, and (A) providing for the improvement of exist-
sert ‘‘four’’. doors of such facilities; ing, or the establishment of new, instruc-
On page 2587, line 3, strike ‘‘three’’ and in- (vii) other critical health and safety condi- tional program spaces, laboratories, or re-
sert ‘‘four’’. tions; search facilities relating to fields of science,
On page 2589, line 2, strike ‘‘three’’ and in- (viii) the number and condition of facilities technology, engineering, the arts, mathe-
sert ‘‘four’’. in significant disrepair; and matics, health, agriculture, education, medi-
On page 2590, line 15, strike ‘‘three’’ and in- (ix) the total amount of deferred mainte- cine, law, and other disciplines;
sert ‘‘four’’. nance of such facilities; (B) constructing or improving roads or
(B) demonstrate the most limited capacity other transportation infrastructure on cam-
On page 2592, line 6, strike ‘‘three’’ and in-
to raise funds for the long-term improve- pus, for which the eligible entity is respon-
sert ‘‘four’’.
ment of campus facilities, as determined by sible;
On page 2597, line 4, strike ‘‘three’’ and in-
an assessment of— (C) establishing or improving the use of
sert ‘‘five’’.
(i) the current and historic ability of the campus facilities for the purpose of commu-
On page 2616, line 24, insert ‘‘Federal’’ be- eligible entity to raise funds for construc- nity-based partnerships that provide stu-
fore ‘‘salaries,’’. tion, renovation, modernization, and major dents and community members with aca-
repair projects for campus; demic, health, career, and social services;
SA 2516. Mr. COONS (for himself, Mr. (ii) whether the eligible entity has been and
SCOTT of South Carolina, Mr. WARNOCK, able to issue bonds or receive other funds to (D) preserving facilities with historic sig-
Mr. TILLIS, Mr. BOOKER, and Mrs. support school construction projects; and nificance, and facilities that house historic
HYDE-SMITH) submitted an amendment (iii) the bond rating of the eligible entity; or cultural artifacts.
intended to be proposed to amendment (C) enroll the highest percentages of stu- (2) Purchase or modernize vehicle fleets
SA 2137 proposed by Mr. SCHUMER (for dents who are eligible to receive a Federal owned and operated by such entity that are
Pell Grant under subpart 1 of part A of title used primarily for the purpose of facilitating
Ms. SINEMA (for herself, Mr. PORTMAN, IV of the Higher Education Act of 1965 (20 campus accessibility and student academic
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- U.S.C. 1070a et seq.), and whose families activities.
HEEN, Ms. COLLINS, Mr. TESTER, Ms. qualify for other Federal need-based aid; (3) Carry out major repairs to the facilities
MURKOWSKI, Mr. WARNER, and Mr. ROM- (D) are public institutions facing declining or other physical plants of such entity, in-
NEY)) to the bill H.R. 3684, to authorize State support or investment; or cluding deferred maintenance projects.
ctelli on DSK11ZRN23PROD with SENATE
funds for Federal-aid highways, high- (E) demonstrate an effort to seek support (4) Acquire and install academic and resi-
way safety programs, and transit pro- from public and private entities for projects dential furniture, fixtures, and instructional
grams, and for other purposes; which carried out with a grant awarded under this research-related equipment and technology
title; and in the campus facilities of such entity.
was ordered to lie on the table; as fol- (2) may give priority to eligible entities— (5) For the purpose of facilitating the con-
lows: (A) that lack access to high-speed struction of new campus facilities funded
At the end of division A, add the following: broadband and will use the grant funds to with a grant under this title—
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S5862 CONGRESSIONAL RECORD — SENATE August 4, 2021
(A) purchase or otherwise acquire title to works Act of 2019 (47 U.S.C. 1608)) that poses (i) indoor air quality;
land to serve as a permanent site for such fa- a risk to national security. (ii) the presence of hazardous and toxic
cilities; and (c) SUPPLEMENT NOT SUPPLANT.—An eligi- substances and chemicals on or near such fa-
(B) to the extent that other public or pri- ble entity shall use a grant received under cilities;
vate funds are insufficient— this title only to supplement the level of (iii) the safety of drinking water at the tap
(i) prepare land for the construction of Federal, State, and local public funds that and water used for meal preparation, includ-
such facilities; and would, in the absence of such grant, be made ing the level of lead and other contaminants
(ii) pay other preconstruction costs relat- available for the activities supported by the in such water;
ing to the development of such facilities. grant, and not to supplant such funds. (iv) energy and water efficiency;
(6) Install or extend the life and usability (d) ENCOURAGING PARTNERSHIPS.—The Sec- (v) excessive noise in academic spaces; and
of basic systems and components of campus retary shall encourage partnerships between (vi) other health, safety, and environ-
facilities, which may include— eligible entities and public and private enti- mental conditions that would impact the
ties to—
(A) high-speed broadband internet infra- health, safety, and learning ability of stu-
(1) provide additional funding; and
structure sufficient to support digital and dents;
(2) assist in carrying out the activities
technology-based learning; (D) the actual and anticipated impact of
under this title.
(B) high-capacity, middle-mile broadband current and future student enrollment levels
SEC. 15004. REQUIREMENTS FOR HAZARD-RESIST-
networks, and campus-wide broadband net- ANCE AND ENERGY AND WATER
(as of the date of application) on the design
works, including 5G and future network gen- CONSERVATION. of current and future campus facilities, as
erations; An eligible entity that receives a grant well as the financial implications of such en-
(C) fiber, cyber, and telecommunications under this title shall ensure that any new rollment levels;
infrastructure, including small cells; construction, modernization, or renovation (E) the dollar amount and percentage of
(D) heating, ventilation, and air condi- project carried out with such grant funds funds such entity will dedicate to capital
tioning (HVAC) or other indoor air quality meets or exceeds the following requirements: construction projects, including—
systems; (1) Requirements for such projects set (i) any funds in the budget of such entity
(E) support for last-mile service for rural forth in the most recent published edition of that will be dedicated to such projects; and
campuses when other means of providing a nationally recognized, consensus-based (ii) any funds not in such budget that will
this support is unavailable; and model building code. be dedicated to such projects, including any
(F) other infrastructure to support the suc- (2) Requirements for such projects set funds available to the eligibility entity as
cess of operations and other digital and tech- forth in the most recent published edition of the result of a bond issue or the Historically
nology needs. a nationally recognized, consensus-based Black College and University Capital Fi-
(7) Strengthen the safety and security of model energy conservation code. nancing Program under part D of title III of
the campus of such entity by improving or (3) Performance criteria under the the Higher Education Act of 1965 (20 U.S.C.
utilizing design elements, principles, and WaterSense program, established under sec- 1066 et seq.); and
technology that— tion 324B of the of the Energy Policy and (F) the dollar amount and percentage of
(A) guarantee layers of security through- Conservation Act (42 U.S.C. 6294b), applicable funds such entity will dedicate to the main-
out the such campus; and to such projects within a nationally recog- tenance and operation of campus facilities,
(B) uphold the function of such campus as nized, consensus-based model code. including—
a learning and teaching environment. SEC. 15005. USE OF SMALL BUSINESS CONCERNS. (i) any funds in the budget of such entity
(8) Reduce current or anticipated over- In carrying out projects funded with a that will be dedicated to the maintenance
crowding in the campus facilities. grant under this title, an eligible entity and operation of such facilities; and
(9) Ensure that the building envelopes of shall seek to procure contracts from small (ii) any funds not in the budget of such en-
the campus facilities— business concerns owned and controlled by tity that will be dedicated to the mainte-
(A) protect occupants and interiors of such veterans (including service-disabled vet- nance and operation of such facilities.
facilities from natural elements; and erans), qualified HUBZone small business (3) CONSULTATION.—In developing the fa-
(B) are structurally sound and secure. concerns, small business concerns owned and cilities master plan, the eligible entity dem-
(10) Improve energy and water efficiency to controlled by socially and economically dis- onstrate that it conducted meaningful con-
lower the costs of energy and water con- advantaged individuals, and small business sultation with diverse stakeholders, which
sumption in campus facilities. concerns owned and controlled by women. may include—
(11) With respect to campus facilities, re- SEC. 15006. RESERVATION FOR ADMINISTRATIVE (A) staff and other institutional leaders;
duce or eliminate the presence of— AND OTHER ACTIVITIES. (B) custodial and maintenance staff;
(A) toxins and chemicals, including mer- (a) RESERVATION.—An eligible entity that (C) emergency first responders;
cury, radon, polychlorinated biphenyls, lead, receives a grant under this title may reserve (D) campus facilities directors;
and asbestos; a total of not more than five percent of the (E) students and families;
(B) mold and mildew; amount of such grant to— (F) community residents, including those
(C) rodents and pests; or (1) develop the facilities master plan re- directly affected by actions undertaken as a
(D) biological, radiological, and other quired under subsection (b); result of utilizing grant funds;
waste related to research. (2) carry out activities to— (G) government entities;
(12) Ensure the safety of drinking water at (A) protect the health of students, staff, (H) local charitable foundations;
the tap and water used for meal preparation administrators, faculty, researchers, and (I) local employers;
in campus facilities, which may include test- guests during the construction or moderniza- (J) Indian Tribes, as applicable; and
ing of the potability of water at the tap for tion of the campus facilities of such entity; (K) other such individuals and entities.
the presence of lead and other contaminants. and
(B) mitigate excessive noise caused by ac- SEC. 15007. HBCU CAPITAL FINANCING LOAN DIS-
(13) Bring campus facilities into compli- BURSEMENT AND FORGIVENESS.
tivities carried out under this title;
ance with applicable fire, health, and safety
(3) pay personnel to carry out administra- (a) IN GENERAL.—Each time an institution
codes and regulations.
tive work relating to the grant program; and of higher education receives a disbursement
(14) Make existing campus facilities acces-
(4) pay other reasonable administrative of a loan amount under a covered closed loan
sible to individuals with disabilities through
costs associated with the grant program. agreement, the Secretary shall repay—
compliance with— (b) FACILITIES MASTER PLAN.—
(A) the Americans with Disabilities Act of (1) the outstanding balance of principal, in-
(1) IN GENERAL.—Not later than 180 days
1990 (42 U.S.C. 12101 et seq.); and terest, fees, and costs on such loan amount
after receiving a grant under this title, an el-
(B) section 504 of the Rehabilitation Act of (as of the date of such disbursement) under
igible entity shall submit to the Secretary a
1973 (29 U.S.C. 794). the covered closed loan agreement; and
comprehensive 10-year facilities master plan.
(b) PROHIBITED USES.—An eligible entity (2) any reimbursement (including reim-
(2) ELEMENTS.—The facilities master plan
that receives a grant under this title may bursements of escrow and return of fees and
required under paragraph (1) shall include,
not use such grant funds for— deposits) relating to the covered closed loan
with respect to the eligible entity submit-
(1) payment of routine and predictable ting such plan, a description of— agreement that are usual and customary
maintenance costs, minor repairs, and util- (A) the extent to which the campus facili- when the loan is paid off by the institution.
ity bills; ties— (b) COVERED CLOSED LOAN AGREEMENT.—In
(2) any facility that is— (i) meet the educational needs of students; this section, the term ‘‘covered closed loan
(A) primarily used for athletic contests or and agreement’’ means each of the following:
ctelli on DSK11ZRN23PROD with SENATE
exhibitions or other events for which admis- (ii) support the educational mission and vi- (1) A closed loan agreement—
sion is charged to the general public; sion of such entity; (A) executed before the date of enactment
(B) primarily used for or associated with (B) the physical condition of the campus of the Consolidated Appropriations Act, 2021
sectarian instruction or religious worship; or facilities; (Public Law 116–260);
(3) the purchase or support of any commu- (C) the current health, safety, and environ- (B) made under part D of title III of the
nications equipment or service (as defined in mental conditions of the campus facilities, Higher Education Act of 1965 (20 U.S.C. 1066
section 9 of the Secure and Trusted Net- including— et seq.); and
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5863
(C) that provides for loan amounts that (A) a part B institution, as such term is de- use is compatible with the management sta-
have not been disbursed as of the date of en- fined in section 322(2) of the Higher Edu- tus of the road or trail;
actment of the Consolidated Appropriations cation Act of 1965 (20 U.S.C. 1061(2)); or ‘‘(6) decommission temporary roads—
Act, 2021 (Public Law 116–260). (B) a Historically Black Graduate Profes- ‘‘(A) that were constructed before the date
(2) A closed loan agreement— sional School identified in section 326(e) of of enactment of this section—
(A) authorized under section 3512 of the such Act (20 U.S.C. 1063b(e)). ‘‘(i) for emergency operations; or
CARES Act (20 U.S.C. 1001 note); and (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(ii) to facilitate a resource extraction
(B) made for the deferment of balances means the Secretary of Education. project;
that have not been disbursed as of the date (3) STATE.—The term ‘‘State’’ has the ‘‘(B) that were designated as a temporary
of enactment of the Consolidated Appropria- meaning given such term in section 103 of road by the Secretary; and
tions Act, 2021 (Public Law 116–260). the Higher Education Act of 1965 (20 U.S.C. ‘‘(C)(i) in violation of section 10(b) of the
SEC. 15008. REPORTS. 1003). Forest and Rangeland Renewable Resources
(a) DEPARTMENT OF EDUCATION REPORT.— SEC. 15010. EFFECTIVE DATE. Planning Act of 1974 (16 U.S.C. 1608(b)), on
(1) IN GENERAL.—Not later than 2 years This title shall take effect on the date of which vegetation cover has not been reestab-
after the date of the enactment of this title, enactment of this Act. lished; or
and annually thereafter, the Secretary shall SEC. 15011. AUTHORIZATION OF APPROPRIA- ‘‘(ii) that have not been fully decommis-
submit to the appropriate congressional TIONS. sioned; and
committees a report on the projects carried There are authorized to be appropriated ‘‘(7) carry out projects on National Forest
out with grant funds awarded under this such sums as may be necessary to carry out System roads, trails, and bridges to improve
title. this title for each of fiscal years 2022 through resilience to extreme weather events, flood-
(2) ELEMENTS.—The report required under 2027. ing, or other natural disasters.
paragraph (1) shall include— --- ‘‘(c) PROJECT SELECTION.—
(A) with respect to projects carried out by SA 2517. Mr. LEE submitted an ‘‘(1) PROJECT ELIGIBILITY.—
eligible entities with grant funds awarded amendment intended to be proposed to ‘‘(A) IN GENERAL.—The Secretary may only
under this title, an assessment of— fund under the Program a project described
amendment SA 2137 proposed by Mr.
(i) the types of such projects; in paragraph (2) or (3) of subsection (b) if the
(ii) the square footage of the improvements
SCHUMER (for Ms. SINEMA (for herself, Secretary previously and separately—
made by such projects, disaggregated by— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(i) solicited public comment for changing
(I) total square footage; and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the management status of the applicable Na-
(II) square footage per each eligible entity; TESTER, Ms. MURKOWSKI, Mr. WARNER, tional Forest System road or trail—
(iii) the total cost of each such project; and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(I) to close the road or trail to access; and
(iv) the cost described in clause (iii), to authorize funds for Federal-aid high- ‘‘(II) to minimize impacts to natural re-
disaggregated by the cost of— ways, highway safety programs, and sources; and
(I) planning; ‘‘(ii) has closed the road or trail to access
transit programs, and for other pur-
(II) design; as described in clause (i)(I).
(III) construction;
poses; which was ordered to lie on the ‘‘(B) REQUIREMENT.—Each project carried
(IV) site purchase; and table; as follows: out under the Program shall be on a Na-
(V) improvements; Strike section 40801 of division D and in- tional Forest System road or trail, except
(v) the geographic distribution of such sert the following: with respect to a project carried out on a wa-
projects; and SEC. 40801. FOREST SERVICE LEGACY ROAD AND tershed for which the Secretary has entered
(vi) the demographic composition of the TRAIL REMEDIATION PROGRAM. into a cooperative agreement under section
student population served by such projects, (a) ESTABLISHMENT.—Public Law 88–657 (16 323 of the Department of the Interior and Re-
disaggregated by— U.S.C. 532 et seq.) (commonly known as the lated Agencies Appropriations Act, 1999 (16
(I) race and ethnicity; and ‘‘Forest Roads and Trails Act’’) is amended U.S.C. 1011a).
(II) the number and percentage of students by adding at the end the following: ‘‘(2) ANNUAL SELECTION OF PROJECTS FOR
enrolled at such entities who are eligible to ‘‘SEC. 8. FOREST SERVICE LEGACY ROAD AND FUNDING.—The Secretary shall—
receive a Federal Pell Grant under subpart 1 TRAIL REMEDIATION PROGRAM. ‘‘(A) establish a process for annually se-
of part A of title IV of the Higher Education ‘‘(a) ESTABLISHMENT.—The Secretary shall lecting projects for funding under the Pro-
Act of 1965 (20 U.S.C. 1070a et seq.); establish the Forest Service Legacy Road gram, consistent with the requirements of
(B) an evaluation of a sample of grant re- and Trail Remediation Program (referred to this section;
cipients, selected by the Secretary taking in this section as the ‘Program’). ‘‘(B) solicit and consider public input re-
into account size and geographic location of ‘‘(b) ACTIVITIES.—In carrying out the Pro- gionally in the ranking of projects for fund-
each grantee, to determine how such recipi- gram, the Secretary shall, taking into ac- ing under the Program;
ents are using the grant and the effective- count foreseeable changes in weather and hy- ‘‘(C) give priority for funding under the
ness of the activities carried out with the drology— Program to projects that would—
grant; and ‘‘(1) restore passages for fish and other ‘‘(i) protect or improve water quality in
(C) an analysis of compliance with the re- aquatic species by— public drinking water source areas;
quirement in section 15003(c). ‘‘(A) improving, repairing, or replacing cul- ‘‘(ii) restore the habitat of a threatened,
(b) COMPTROLLER GENERAL STUDY RE- verts and other infrastructure; and endangered, or sensitive fish or wildlife spe-
PORT.— ‘‘(B) removing barriers, as the Secretary cies; or
(1) STUDY REQUIRED.—Not later than 4 determines appropriate, from the passages; ‘‘(iii) maintain future access to the adja-
years after the date of enactment of this ‘‘(2) prepare previously closed National cent area for the public, contractors, permit-
Act, the Comptroller General of the United Forest System roads for long-term storage, tees, or firefighters; and
States shall conduct a study on the imple- in accordance with subsections (c)(1) and (d), ‘‘(D) publish on the website of the Forest
mentation of the grant program under this in a manner that— Service—
title. ‘‘(A) prevents motor vehicle use, as appro- ‘‘(i) the selection process established under
(2) ELEMENTS.—The study conducted under priate to conform to route designations; subparagraph (A); and
paragraph (1) shall include— ‘‘(B) prevents the roads from damaging ad- ‘‘(ii) a list that includes a description and
(A) an examination of program implemen- jacent resources, including aquatic and wild- the proposed outcome of each project funded
tation challenges; and life resources; under the Program in each fiscal year.
(B) an assessment of whether any changes ‘‘(C) reduces or eliminates the need for ‘‘(d) IMPLEMENTATION.—In implementing
are needed to make grants under this title road maintenance; and the Program, the Secretary shall ensure
more accessible to eligible entities with fis- ‘‘(D) preserves the roads for future use; that—
cal challenges to help them raise capital for ‘‘(3) decommission previously closed Na- ‘‘(1) the system of roads and trails on the
infrastructure projects. tional Forest System roads and trails in ac- applicable unit of the National Forest Sys-
(3) REPORT.—After the completion of the cordance with subsections (c)(1) and (d); tem—
study under paragraph (1), the Comptroller ‘‘(4) relocate National Forest System roads ‘‘(A) is adequate to meet any increasing de-
General shall submit to the appropriate con- and trails— mands for timber, recreation, and other uses;
gressional committees a report on the re- ‘‘(A) to increase resilience to extreme ‘‘(B) provides for intensive use, protection,
sults of the study, including any rec- weather events, flooding, and other natural development, and management of the land
ctelli on DSK11ZRN23PROD with SENATE
ommendations to the Secretary for improve- disasters; and under principles of multiple use and sus-
ments to the implementation of the grant ‘‘(B) to respond to changing resource con- tained yield of products and services;
program under this title. ditions and public input; ‘‘(C) does not damage, degrade, or impair
SEC. 15009. DEFINITIONS. ‘‘(5) convert National Forest System roads adjacent resources, including aquatic and
In this title: to National Forest System trails, while al- wildlife resources, to the extent practicable;
(1) ELIGIBLE ENTITY.—The term ‘‘eligible lowing for continued use for motorized and ‘‘(D) reflects long-term funding expecta-
entity’’ means— nonmotorized recreation, to the extent the tions; and
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S5864 CONGRESSIONAL RECORD — SENATE August 4, 2021
‘‘(E) is adequate for supporting emergency SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. of grants under section 60304(d) of division F
operations, such as evacuation routes during TESTER, Ms. MURKOWSKI, Mr. WARNER, of this Act and $60,000,000 is for the award of
wildfires, floods, and other natural disasters; and Mr. ROMNEY)) to the bill H.R. 3684, grants under section 60305 of division F of
and this Act:
to authorize funds for Federal-aid high-
‘‘(2) all projects funded under the Program
are consistent with any applicable forest ways, highway safety programs, and SA 2521. Mr. MARSHALL submitted
plan or travel management plan. transit programs, and for other pur- an amendment intended to be proposed
‘‘(e) SAVINGS CLAUSE.—A decision to fund a poses; which was ordered to lie on the to amendment SA 2137 proposed by Mr.
project under the Program shall not affect table; as follows: SCHUMER (for Ms. SINEMA (for herself,
any determination made previously or to be On page 231, line 3, insert ‘‘, including how Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
made in the future by the Secretary with re- the decision of the State to continue to ac- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
gard to road or trail closures.’’. cept Federal Pandemic Unemployment Com-
(b) AUTHORIZATION OF APPROPRIATIONS.— TESTER, Ms. MURKOWSKI, Mr. WARNER,
pensation under section 2104 of the CARES
There is authorized to be appropriated to the Act (15 U.S.C. 9023) has impacted the work- and Mr. ROMNEY)) to the bill H.R. 3684,
Secretary of Agriculture to carry out section force’’ after ‘‘State’’. to authorize funds for Federal-aid high-
8 of Public Law 88–657 (commonly known as ways, highway safety programs, and
the ‘‘Forest Roads and Trails Act’’) SA 2520. Mr. MARSHALL submitted transit programs, and for other pur-
$250,000,000 for the period of fiscal years 2022 an amendment intended to be proposed poses; which was ordered to lie on the
through 2026.
to amendment SA 2137 proposed by Mr. table; as follows:
SA 2518. Mr. CORNYN (for himself SCHUMER (for Ms. SINEMA (for herself, After section 2, insert the following:
and Mr. KAINE) submitted an amend- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SEC. 3. EFFECTIVE DATE.
ment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (a) IN GENERAL.—A provision described in
TESTER, Ms. MURKOWSKI, Mr. WARNER, subsection (b), including an amendment
amendment SA 2137 proposed by Mr. made by such provision, shall not take effect
SCHUMER (for Ms. SINEMA (for herself, and Mr. ROMNEY)) to the bill H.R. 3684,
to authorize funds for Federal-aid high- until the head of the relevant Federal agency
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- certifies that the provision and the amend-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ways, highway safety programs, and ments made by that provision would not in-
TESTER, Ms. MURKOWSKI, Mr. WARNER, transit programs, and for other pur- crease the reliance of the United States on
and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the foreign nations for critical resources, includ-
to authorize funds for Federal-aid high- table; as follows: ing cobalt, copper, nickel, lithium, man-
ways, highway safety programs, and On page 2126, strike lines 5 through 12 and ganese, or graphite.
insert the following: (b) PROVISIONS DESCRIBED.—The provisions
transit programs, and for other pur- referred to in subsection (a) are the fol-
(1) $10,000,000 for the award of grants under
poses; which was ordered to lie on the subsection (c)(3), which shall remain avail- lowing:
table; as follows: able until expended; (1) Section 11109.
At the appropriate place in division C, in- (2) for the award of grants under sub- (2) Section 11129.
sert the following: section (d)— (3) Section 11401.
SEC. 300ll. URBANIZED AREAS. (A) $50,000,000 for fiscal year 2022; and (4) Section 11403.
(a) EXTENSION OF TREATMENT OF URBANIZED (B) $60,000,000 for each of fiscal years 2023 (5) Section 25005.
AREAS.—Section 21101 of division B of the Bi- through 2026; and (6) Section 25006.
partisan Budget Act of 2018 (Public Law 115– On page 2143, line 6, strike ‘‘$250,000,000’’ (7) Section 40107.
123; 132 Stat. 103) is amended by striking and insert ‘‘$60,000,000’’. (8) Section 40112.
‘‘and 2020’’ and inserting ‘‘2020, 2021, and Beginning on page 2471, strike line 20 and (9) Section 40207.
2022’’. all that follows through page 2473, line 9, and (10) Section 40431.
(b) CENSUS DISCRETION.—Section 5324 of insert the following: (11) Any appropriations made available
title 49, United States Code (as amended by DIGITAL EQUITY under division J for electric vehicles or elec-
section 30011), is amended by adding at the tric vehicle charging infrastructure.
(INCLUDING TRANSFER OF FUNDS)
end the following: For an additional amount for ‘‘Digital Eq-
‘‘(g) CENSUS DISCRETION.— SA 2522. Mr. MARSHALL submitted
uity’’, $600,000,000, to remain available until an amendment intended to be proposed
‘‘(1) DEFINITIONS.—In this subsection:
expended, for competitive grants as author-
‘‘(A) DISASTER-RELATED POPULATION DE- to amendment SA 2137 proposed by Mr.
ized under sections 60304 and 60305 of division
CREASE.—The term ‘disaster-related popu- SCHUMER (for Ms. SINEMA (for herself,
F of this Act: Provided, That of the amount
lation decrease’, with respect to an urban- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
provided under this heading in this Act—
ized area, means that— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(1) $120,000,000, to remain available until
‘‘(i) the population of the urbanized area
expended, shall be made available for fiscal TESTER, Ms. MURKOWSKI, Mr. WARNER,
decreases to be less than 50,000 individuals,
year 2022, of which $10,000,000 is for the award and Mr. ROMNEY)) to the bill H.R. 3684,
as determined in a decennial census after the
of grants under section 60304 (c)(3) of division to authorize funds for Federal-aid high-
decennial census in which the area was des-
F of this Act, $50,000,000 is for the award of ways, highway safety programs, and
ignated as an urbanized area; and
grants under section 60304(d) of division F of
‘‘(ii) the decrease described in clause (i) is transit programs, and for other pur-
this Act, and $60,000,000 is for the award of
a result of a major disaster declared by the poses; which was ordered to lie on the
grants under section 60305 of division F of
President under section 401 of the Robert T. table; as follows:
this Act;
Stafford Disaster Relief and Emergency As- At the end of subtitle E of title III of divi-
(2) $120,000,000, to remain available until
sistance Act (42 U.S.C. 5170). sion D, add the following:
expended, shall be made available for fiscal
‘‘(B) URBANIZED AREA.—The term ‘urban-
year 2023, of which $60,000,000 is for the award SEC. 403lll. KEYSTONE XL AUTHORIZATION.
ized area’ means an area designated in a de-
of grants under section 60304(d) of division F (a) AUTHORIZATION.—TransCanada Key-
cennial census as an urbanized area by the
of this Act and $60,000,000 is for the award of stone Pipeline, L.P., may construct, connect,
Secretary of Commerce.
grants under section 60305 of division F of operate, and maintain the pipeline facilities
‘‘(2) ELECTION.—On request by the Gov-
this Act; at the international border of the United
ernor of a State in which an urbanized area
(3) $120,000,000, to remain available until States and Canada at Phillips County, Mon-
that experiences a disaster-related popu-
expended, shall be made available for fiscal tana, for the import of oil from Canada to
lation decrease is located, the Secretary may
year 2024, of which $60,000,000 is for the award the United States described in the Presi-
elect for the purposes of this chapter, includ-
of grants under section 60304(d) of division F dential Permit of March 29, 2019 (84 Fed. Reg.
ing for purposes of making apportionments
of this Act and $60,000,000 is for the award of 13101).
under this chapter, to continue to treat the
grants under section 60305 of division F of (b) NO PRESIDENTIAL PERMIT REQUIRED.—
area as an urbanized area with the same pop-
this Act; No Presidential permit (or similar permit)
ulation and land area as the area had in the
(4) $120,000,000, to remain available until under Executive Order 13867 (3 U.S.C. 301
most recent decennial census in which it was
expended, shall be made available for fiscal note; relating to the issuance of permits
designated as an urbanized area by the Sec-
year 2025, of which $60,000,000 is for the award with respect to facilities and land transpor-
retary of Commerce.’’.
ctelli on DSK11ZRN23PROD with SENATE
of grants under section 60304(d) of division F tation crossings at the international bound-
of this Act and $60,000,000 is for the award of aries of the United States), Executive Order
SA 2519. Ms. ERNST submitted an
grants under section 60305 of division F of 12038 (42 U.S.C. 7151 note; relating to the
amendment intended to be proposed to this Act; and transfer of certain functions to the Sec-
amendment SA 2137 proposed by Mr. (5) $120,000,000, to remain available until retary of Energy), Executive Order 10485 (15
SCHUMER (for Ms. SINEMA (for herself, expended, shall be made available for fiscal U.S.C. 717b note; relating to the performance
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- year 2026, of which $60,000,000 is for the award of functions respecting electric power and
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5865
natural gas facilities located on United (i) SHUTTERED VENUE OPERATOR GRANTS.— amendment SA 2137 proposed by Mr.
States borders), or any other Executive order All unobligated balances from amounts made SCHUMER (for Ms. SINEMA (for herself,
shall be required for the construction, con- available under the heading ‘‘Small Business Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
nection, operation, or maintenance of the Administration—Shuttered Venue Opera-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
pipeline facilities described in subsection (a). tors’’ and under section 5005(a) of the Amer-
ican Rescue Plan Act (Public Law 117–2) to TESTER, Ms. MURKOWSKI, Mr. WARNER,
SA 2523. Mr. MARSHALL submitted carry out section 324 of the Economic Aid to and Mr. ROMNEY)) to the bill H.R. 3684,
an amendment intended to be proposed Hard-Hit Small Businesses, Nonprofits, and to authorize funds for Federal-aid high-
to amendment SA 2137 proposed by Mr. Venues Act (title III of division N of Public ways, highway safety programs, and
SCHUMER (for Ms. SINEMA (for herself, Law 116–260) are permanently rescinded. transit programs, and for other pur-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- poses; which was ordered to lie on the
SA 2527. Ms. WARREN (for herself, table; as follows:
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
Ms. HIRONO, Ms. KLOBUCHAR, Mr. MAR- On page 2593, line 21, insert ‘‘Provided fur-
TESTER, Ms. MURKOWSKI, Mr. WARNER, KEY, Ms. SMITH, Ms. ROSEN, Ms. CORTEZ ther, That the limitation in the preceding
and Mr. ROMNEY)) to the bill H.R. 3684, MASTO, Mr. WYDEN, Mr. BOOKER, Ms. proviso shall not apply to amounts made
to authorize funds for Federal-aid high- BALDWIN, Mr. SCHATZ, and Mr. KING) available under this paragraph in this Act
ways, highway safety programs, and submitted an amendment intended to that the Environmental Protection Agency
transit programs, and for other pur- be proposed to amendment SA 2137 pro- provides as grants or contracts to external
poses; which was ordered to lie on the posed by Mr. SCHUMER (for Ms. SINEMA
entities that provide technical assistance,
table; as follows: outreach, and engagement:’’ after ‘‘adminis-
(for herself, Mr. PORTMAN, Mr. tration:’’.
On page 2149, lines 11 and 12, strike ‘‘sex, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
gender identity, sexual orientation,’’. SA 2529. Mr. MERKLEY submitted an
Ms. COLLINS, Mr. TESTER, Ms. MUR-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) amendment intended to be proposed to
SA 2524. Mr. MARSHALL submitted
to the bill H.R. 3684, to authorize funds amendment SA 2137 proposed by Mr.
an amendment intended to be proposed
for Federal-aid highways, highway SCHUMER (for Ms. SINEMA (for herself,
to amendment SA 2137 proposed by Mr.
safety programs, and transit programs, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
SCHUMER (for Ms. SINEMA (for herself,
and for other purposes; which was or- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
dered to lie on the table; as follows: TESTER, Ms. MURKOWSKI, Mr. WARNER,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
At the appropriate place in division F, in- and Mr. ROMNEY)) to the bill H.R. 3684,
TESTER, Ms. MURKOWSKI, Mr. WARNER,
sert the following: to authorize funds for Federal-aid high-
and Mr. ROMNEY)) to the bill H.R. 3684, ways, highway safety programs, and
SEC. lllll. ESTABLISHMENT OF NEW 2.5 GHZ
to authorize funds for Federal-aid high- TRIBAL PRIORITY WINDOW. transit programs, and for other pur-
ways, highway safety programs, and (a) COMMISSION DEFINED.—In this section, poses; which was ordered to lie on the
transit programs, and for other pur- the term ‘‘Commission’’ means the Federal table; as follows:
poses; which was ordered to lie on the Communications Commission. On page 1461, lines 23 and 24, strike ‘‘AND
table; as follows: (b) NEW TRIBAL PRIORITY WINDOW.—The
RECYCLING’’.
At the appropriate place in division I, in- Commission shall— Beginning on page 1462, strike line 3 and
sert the following: (1) not later than 30 days after the date of all that follows through page 1463, line 18 and
enactment of this Act, establish a new Tribal insert the following:
SEC. ll. RESTRICTIONS ON THE USE OF FUND-
ING. priority window for the 2.5 gigahertz band, (A) property designed to be used to produce
under the same terms and conditions as the energy from the sun, water, wind, geo-
Notwithstanding any other provision of
Tribal priority window established in the Re- thermal or hydrothermal (as those terms are
law, none of the funds made available by this
port and Order in the matter of Trans- defined in section 612 of the Energy Inde-
Act, including any amendments made by this
forming the 2.5 GHz Band adopted by the pendence and Security Act of 2007 (42 U.S.C.
Act, may be used to issue vaccine passports,
Commission on July 10, 2019 (FCC 19–62), for 17191)) resources, or enhanced geothermal
vaccines passes, or other standardized docu-
any portions of the band— systems (as defined in that section);
mentation for the purpose of certifying an
(A) that remain available for assignment (B) fuel cells, microturbines, or energy
individual’s COVID–19 vaccination status to
in accordance with that Report and Order; storage systems and components;
a third party, or to otherwise publish or
and (C) electric grid modernization equipment
share any individual’s COVID–19 vaccination
(B) for which the Commission did not re- or components;
record or similar health information.
ceive an application during the Tribal pri- (D) property designed to produce energy
ority window established in that Report and conservation technologies (including for res-
SA 2525. Mr. MARSHALL submitted Order; and
an amendment intended to be proposed idential, commercial, and industrial applica-
(2) accept applications in the new window tions);
to amendment SA 2137 proposed by Mr. established under paragraph (1) during the (E)(i) light-, medium-, or heavy-duty elec-
SCHUMER (for Ms. SINEMA (for herself, period that— tric or fuel cell vehicles, electric or fuel cell
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (A) begins on the date on which the window locomotives, electric or fuel cell maritime
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. is established; and vessels, or electric or fuel cell planes;
TESTER, Ms. MURKOWSKI, Mr. WARNER, (B) ends on the date that is 180 days after (ii) technologies, components, and mate-
and Mr. ROMNEY)) to the bill H.R. 3684, the date on which the window is established, rials of those vehicles, locomotives, mari-
or such later date as the Commission con- time vessels, or planes; and
to authorize funds for Federal-aid high- siders appropriate.
ways, highway safety programs, and (iii) charging or refueling infrastructure
(c) EXCEPTION FROM CERTAIN PROCEDURAL associated with those vehicles, locomotives,
transit programs, and for other pur- REQUIREMENTS.—To the extent that the Com- maritime vessels, or planes; and
poses; which was ordered to lie on the mission determines that section 553 of title (F)(i) hybrid vehicles with a gross vehicle
table; as follows: 5, United States Code, chapter 6 of that title weight rating of not less than 14,000 pounds;
Strike section 40105 of division D. (commonly known as the ‘‘Regulatory Flexi- and
bility Act’’), subchapter I of chapter 35 of (ii) technologies, components, and mate-
SA 2526. Mr. MARSHALL submitted title 44, United States Code (commonly rials for those vehicles.
known as the ‘‘Paperwork Reduction Act’’), On page 1465, lines 2 and 3, strike ‘‘or recy-
an amendment intended to be proposed
or any other provision of law would prevent cling facility for the production or recycling,
to amendment SA 2137 proposed by Mr. the Commission from establishing the new as applicable,’’ and inserting ‘‘facility for the
SCHUMER (for Ms. SINEMA (for herself, Tribal priority window by the date required production’’.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- under paragraph (1) of subsection (b) or from On page 1465, strike lines 12 through 21 and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. beginning to accept applications in that win- insert the following:
TESTER, Ms. MURKOWSKI, Mr. WARNER, dow as required under paragraph (2)(A) of (I) low- or zero-carbon process heat sys-
and Mr. ROMNEY)) to the bill H.R. 3684, that subsection, that provision shall not tems;
to authorize funds for Federal-aid high- apply to any action taken by the Commis- (II) technology relating to energy effi-
ctelli on DSK11ZRN23PROD with SENATE
sion, or any rule or order issued by the Com- ciency in industrial processes; or
ways, highway safety programs, and
mission, to establish that window or to begin (III) any other industrial technology that
transit programs, and for other pur- accepting applications in that window (as significantly reduces greenhouse gas emis-
poses; which was ordered to lie on the the case may be). sions, as determined by the Secretary;
table; as follows:
At the end of section 90007, add the fol- SA 2528. Mr. MERKLEY submitted an SA 2530. Mr. BROWN (for himself,
lowing: amendment intended to be proposed to Mr. CASSIDY, and Mr. CASEY) submitted
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S5866 CONGRESSIONAL RECORD — SENATE August 4, 2021
an amendment intended to be proposed section (c) of the PROTECT program under the metallic composition of circulating coins
to amendment SA 2137 proposed by Mr. section 176, and to carry out section 134 shall to a new metallic composition (including by
SCHUMER (for Ms. SINEMA (for herself, be determined as follows: prescribing reasonable manufacturing toler-
‘‘(A) INITIAL AMOUNT.—The initial amount ances with respect to those coins) if a study
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
for each State shall be determined by multi- and analysis conducted by the United States
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. plying the total amount available for appor- Mint, including solicitation of input, includ-
TESTER, Ms. MURKOWSKI, Mr. WARNER, tionment by the share for each State, which ing input on acceptor tolerances and require-
and Mr. ROMNEY)) to the bill H.R. 3684, shall be equal to the proportion that— ments, from industry stakeholders who could
to authorize funds for Federal-aid high- ‘‘(i) the amount of apportionments that be affected by changes in the composition of
ways, highway safety programs, and the State received for fiscal year 2012; bears circulating coins, indicates that the modi-
transit programs, and for other pur- to fication will—
poses; which was ordered to lie on the ‘‘(ii) the amount of those apportionments ‘‘(A) reduce costs incurred by the tax-
received by all States for that fiscal year. payers of the United States;
table; as follows:
‘‘(B) ADJUSTMENTS TO AMOUNTS.— ‘‘(B) be seamless, which shall mean the
At the end of division I, add the following: ‘‘(i) IN GENERAL.—The initial amounts re- same diameter and weight as United States
SEC. 90009. NEGOTIATIONS WITH RESPECT TO IM- sulting from the calculation under subpara- coinage being minted on the date of enact-
PORTATION OF GRAIN-ORIENTED graph (A) shall be adjusted to ensure that, ment of this subsection and that the coins
ELECTRICAL STEEL FOR USE IN THE
for each State, the amount of combined ap- will work interchangeably in most coin ac-
PRODUCTION OF ELECTRIC GRID
TRANSFORMERS. portionments for the programs shall not be ceptors using electromagnetic signature
(a) IN GENERAL.—The United States Trade less than an amount equal to— technology; and
Representative shall immediately seek to ‘‘(I) 95 percent of the applicable percent- ‘‘(C) have as minimal an adverse impact as
enter into negotiations with Canada and age; multiplied by possible on the public and stakeholders.
Mexico to ensure that— ‘‘(II) the total amount of funds available ‘‘(2) NOTIFICATION TO CONGRESS.—On the
(1) the national security of the United for apportionment. date that is at least 90 legislative days before
States is not impaired by the importation ‘‘(ii) APPLICABLE PERCENTAGE.—For pur- the date on which the Director begins mak-
into the United States of grain-oriented elec- poses of this subparagraph, the applicable ing a modification described in paragraph
trical steel in the form of core parts, cores, percentage shall be an amount, expressed as (1), the Director shall submit to Congress no-
or laminations for use in the production of a percentage, equal to the quotient of— tice that—
electric grid transformers; and ‘‘(I) the estimated tax payments attrib- ‘‘(A) provides a justification for the modi-
(2) Canada and Mexico are not being used utable to highway users in the State that fication, including the support for that modi-
as pass-through countries for other countries were paid into the Highway Trust Fund fication in the study and analysis required
engaged in the dumping (as defined in sec- (other than the Mass Transit Account) for under paragraph (1) with respect to the
tion 771 of the Tariff Act of 1930 (19 U.S.C. the most recent fiscal year for which data modification;
1677)) of such steel. are available; divided by ‘‘(B) describes how the modification will
(b) REPORTS REQUIRED.— ‘‘(II) the estimated total tax payments at- reduce costs incurred by the taxpayers of the
(1) IN GENERAL.—Not later than 90 days tributable to users in all States that were United States;
after the date of the enactment of this Act, paid into the Highway Trust Fund (other ‘‘(C) certifies that the modification will be
and every 90 days thereafter until the date than the Mass Transit Account) for that fis- seamless, as described in paragraph (1)(B);
described in paragraph (2), the Trade Rep- cal year. and
resentative shall submit to Congress a report ‘‘(2) STATE APPORTIONMENT.—On October 1 ‘‘(D) certifies that the modification will
on the status of the negotiations described in of each fiscal year described in paragraph (1), have as minimal an adverse impact as pos-
subsection (a). the Secretary shall apportion the sum au- sible on the public and stakeholders.
(2) DATE DESCRIBED.—The date described in thorized to be appropriated for expenditure ‘‘(3) CONGRESSIONAL AUTHORITY.—The Di-
this paragraph is the date on which the on the national highway performance pro- rector may begin making a modification pro-
President certifies to Congress that Canada gram under section 119, the surface transpor- posed under this subsection not earlier than
and Mexico have agreed to measures that tation block grant program under section the date that is 90 legislative days after the
will prevent the importation in the United 133, the highway safety improvement pro- date on which the Director submits to Con-
States of grain-oriented electrical steel in gram under section 148, the congestion miti- gress the notice required under paragraph (2)
the form of core parts, cores, or laminations gation and air quality improvement program with respect to that modification, unless
from impairing the national security of the under section 149, the national highway Congress, during the period of 90 legislative
United States. freight program under section 167, the car- days beginning on the date on which the Di-
bon reduction program under section 175, to rector submits that notice—
SA 2531. Mr. CRUZ (for himself and carry out subsection (c) of the PROTECT ‘‘(A) finds that the modification is not jus-
program under section 176, and to carry out tified in light of the information contained
Mr. KELLY) submitted an amendment section 134 in accordance with paragraph in that notice; and
intended to be proposed to amendment (1).’’. ‘‘(B) enacts a joint resolution of dis-
SA 2137 proposed by Mr. SCHUMER (for approval of the proposed modification.
Ms. SINEMA (for herself, Mr. PORTMAN, SA 2532. Ms. HASSAN (for herself and ‘‘(4) PROCEDURES.—For purpose of para-
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- Ms. ERNST) submitted an amendment graph (3)—
HEEN, Ms. COLLINS, Mr. TESTER, Ms. intended to be proposed to amendment ‘‘(A) a joint resolution of disapproval is a
MURKOWSKI, Mr. WARNER, and Mr. ROM- SA 2137 proposed by Mr. SCHUMER (for joint resolution the matter after the resolv-
NEY)) to the bill H.R. 3684, to authorize Ms. SINEMA (for herself, Mr. PORTMAN, ing clause of which is as follows: ‘That Con-
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- gress disapproves the modification sub-
funds for Federal-aid highways, high- mitted by the Director of the United States
way safety programs, and transit pro- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
Mint.’; and
grams, and for other purposes; which MURKOWSKI, Mr. WARNER, and Mr. ROM- ‘‘(B) the procedural rules in the House of
was ordered to lie on the table; as fol- NEY)) to the bill H.R. 3684, to authorize Representatives and the Senate for a joint
lows: funds for Federal-aid highways, high- resolution of disapproval described in that
In section 11104, strike subsection (c) and way safety programs, and transit pro- paragraph shall be the same as provided for
insert the following: grams, and for other purposes; which a joint resolution of disapproval under chap-
(c) ADJUSTMENTS TO CERTAIN STATE APPOR- was ordered to lie on the table; as fol- ter 8 of title 5.’’.
TIONMENT AMOUNTS.—Section 104 of title 23, lows: (b) DETERMINATION OF BUDGETARY EF-
United States Code, is amended by striking FECTS.—The budgetary effects of this sec-
At the appropriate place, insert the fol- tion, for the purpose of complying with the
subsection (c) and inserting the following: lowing:
‘‘(c) CALCULATION OF AMOUNTS.— Statutory Pay-As-You-Go Act of 2010, shall
SEC. lll. SAVING FEDERAL FUNDS BY AUTHOR-
‘‘(1) STATE SHARE.—For fiscal year 2022 and be determined by reference to the latest
IZING CHANGES TO THE COMPOSI-
each fiscal year thereafter, the amount for TION OF CIRCULATING COINS. statement titled ‘‘Budgetary Effects of
each State of combined apportionments for (a) IN GENERAL.—Section 5112 of title 31, PAYGO Legislation’’ for this section, sub-
the national highway performance program United States Code, is amended by adding at mitted for printing in the Congressional
under section 119, the surface transportation the end the following: Record by the Chairman of the House Budget
ctelli on DSK11ZRN23PROD with SENATE
block grant program under section 133, the ‘‘(bb) COMPOSITION OF CIRCULATING COINS.— Committee, provided that such statement
highway safety improvement program under ‘‘(1) IN GENERAL.—Notwithstanding any has been submitted prior to the vote on pas-
section 148, the congestion mitigation and other provision of law, and subject to the sage.
air quality improvement program under sec- other provisions of this subsection, the Di-
tion 149, the national highway freight pro- rector of the United States Mint (referred to SA 2533. Mr. PETERS (for himself
gram under section 167, the carbon reduction in this subsection as the ‘Director’), in con- and Mr. LUJÁN) submitted an amend-
program under section 175, to carry out sub- sultation with the Secretary, may modify ment intended to be proposed to
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5867
amendment SA 2137 proposed by Mr. on the budget for fiscal year 2018, and to sec- working technologies to installations owned
SCHUMER (for Ms. SINEMA (for herself, tion 251(b) of the Balanced Budget and Emer- by the Department of Defense: Provided,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- gency Deficit Control Act of 1985 (2 U.S.C. That such amount is designated by Congress
901(b)). as being for an emergency requirement pur-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
MODERNIZATION OF TEST AND TRAINING RANGES suant to section 4112(a) of H. Con. Res. 71
TESTER, Ms. MURKOWSKI, Mr. WARNER, (115th Congress), the concurrent resolution
OF DEPARTMENT OF DEFENSE
and Mr. ROMNEY)) to the bill H.R. 3684, on the budget for fiscal year 2018, and to sec-
SEC. 1002. For an additional amount for
to authorize funds for Federal-aid high- tion 251(b) of the Balanced Budget and Emer-
‘‘Defense Infrastructure Fund’’, $4,000,000,000,
ways, highway safety programs, and to remain available until September 30, 2032, gency Deficit Control Act of 1985 (2 U.S.C.
transit programs, and for other pur- to modernize the test and training ranges of 901(b)).
poses; which was ordered to lie on the the Department of Defense, including NAVY AND COAST GUARD SHIPYARD
table; as follows: projects included in the report required INFRASTRUCTURE IMPROVEMENT
In section 24220 of title IV of division B, under section 2806 of the Military Construc- SEC. 1008. (a) APPROPRIATION.—
add at the end the following: tion Authorization Act for Fiscal Year 2018 (1) IN GENERAL.—For an additional amount
(f) SHORT TITLE.—This section may be (Division B of Public Law 115–91; 10 U.S.C. for ‘‘Defense Infrastructure Fund’’,
cited as the ‘‘Honoring Abbas Family Legacy 222a note) for test and evaluation activities: $25,350,000,000, to remain available until ex-
to Terminate Drunk Driving Act’’ or the Provided, That such amount is designated by pended, to improve, in accordance with sub-
‘‘HALT Drunk Driving Act’’. Congress as being for an emergency require- section (b), the Navy and Coast Guard ship-
ment pursuant to section 4112(a) of H. Con. yard infrastructure of the United States.
SA 2534. Mr. SCOTT of South Caro- Res. 71 (115th Congress), the concurrent reso- (2) SUPPLEMENT NOT SUPPLANT.—Amounts
lina submitted an amendment intended lution on the budget for fiscal year 2018, and appropriated under paragraph (1) shall sup-
to be proposed to amendment SA 2137 to section 251(b) of the Balanced Budget and plement and not supplant other amounts ap-
Emergency Deficit Control Act of 1985 (2 propriated or otherwise made available for
proposed by Mr. SCHUMER (for Ms. U.S.C. 901(b)). the purpose described in paragraph (1).
SINEMA (for herself, Mr. PORTMAN, Mr. (3) EMERGENCY DESIGNATION.—The amount
REMEDIATION OF PERFLUORALKYL SUBSTANCES
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, AND POLYFLUOROALKYL SUBSTANCES appropriated under paragraph (1) is des-
Ms. COLLINS, Mr. TESTER, Ms. MUR- SEC. 1003. For an additional amount for ignated by Congress as being for an emer-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ‘‘Defense Infrastructure Fund’’, $1,500,000,000, gency requirement pursuant to section
to the bill H.R. 3684, to authorize funds to remain available until September 30, 2026, 4112(a) of H. Con. Res. 71 (115th Congress), the
for Federal-aid highways, highway to remediate perfluoralkyl substances and concurrent resolution on the budget for fis-
safety programs, and transit programs, polyfluoroalkyl substances at installations cal year 2018, and to section 251(b) of the Bal-
owned by the Department of Defense: Pro- anced Budget and Emergency Deficit Control
and for other purposes; which was or- Act of 1985 (2 U.S.C. 901(b)).
dered to lie on the table; as follows: vided, That such amount is designated by
Congress as being for an emergency require- (b) USE OF FUNDS.—
On page 96, line 23, strike ‘‘and’’ at the end. (1) IN GENERAL.—As soon as practicable
ment pursuant to section 4112(a) of H. Con.
On page 97, strike line 3 and insert the fol- after the date of the enactment of this Act,
Res. 71 (115th Congress), the concurrent reso-
lowing: the Secretary of Defense shall make the
lution on the budget for fiscal year 2018, and
State has been awarded a grant under this amounts appropriated under subsection (a)
to section 251(b) of the Balanced Budget and
section; and directly available to the Secretary of the
Emergency Deficit Control Act of 1985 (2
‘‘(7) prioritizing projects on high priority Navy and the Secretary of Homeland Secu-
U.S.C. 901(b)).
corridors designated under section 1105(c) of rity for obligation and expenditure in ac-
the Intermodal Surface Transportation Effi- HIGH-PRIORITY MILITARY CONSTRUCTION
cordance with paragraph (2).
ciency Act of 1991 (Public Law 102–240; 105 REQUIREMENTS
(2) ALLOCATION OF FUNDS.—The amounts
Stat. 2032; 133 Stat. 3018).’’; SEC. 1004. For an additional amount for appropriated under subsection (a) shall be al-
‘‘Defense Infrastructure Fund’’, $2,000,000,000, located as follows:
SA 2535. Mr. SHELBY (for himself, to remain available until September 30, 2026, (A) $21,000,000,000 for Navy public shipyard
Mr. WICKER, Mr. INHOFE, Mr. ROUNDS, to meet high-priority military construction facilities, dock, dry dock, capital equipment
and Mr. TILLIS) submitted an amend- requirements: Provided, That such amount is improvements, and dredging efforts needed
ment intended to be proposed to designated by Congress as being for an emer- by such shipyards.
gency requirement pursuant to section (B) $2,000,000,000 for Navy private new con-
amendment SA 2137 proposed by Mr. 4112(a) of H. Con. Res. 71 (115th Congress), the struction shipyard facilities, dock, dry dock,
SCHUMER (for Ms. SINEMA (for herself, concurrent resolution on the budget for fis- capital equipment improvements, and dredg-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- cal year 2018, and to section 251(b) of the Bal- ing efforts needed by such shipyards.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. anced Budget and Emergency Deficit Control (C) $2,000,000,000 for Navy private repair
TESTER, Ms. MURKOWSKI, Mr. WARNER, Act of 1985 (2 U.S.C. 901(b)). shipyard facilities, dock, dry dock, capital
and Mr. ROMNEY)) to the bill H.R. 3684, DEPOT MODERNIZATION equipment improvements, and dredging ef-
to authorize funds for Federal-aid high- SEC. 1005. For an additional amount for forts needed by such shipyards.
ways, highway safety programs, and ‘‘Defense Infrastructure Fund’’, $4,500,000,000, (D) $350,000,000, which shall be transferred
transit programs, and for other pur- to remain available until September 30, 2032, to the Department of Homeland Security, for
for depot modernization: Provided, That such Coast Guard Yard facilities, dock, dry dock,
poses; which was ordered to lie on the
amount is designated by Congress as being capital equipment improvements, and dredg-
table; as follows: ing efforts needed by the shipyard.
for an emergency requirement pursuant to
At the end of division J, add the following: section 4112(a) of H. Con. Res. 71 (115th Con- (3) PROJECTS IN ADDITION TO OTHER CON-
TITLE X gress), the concurrent resolution on the STRUCTION PROJECTS.—Construction projects
DEPARTMENT OF DEFENSE budget for fiscal year 2018, and to section undertaken using amounts appropriated
251(b) of the Balanced Budget and Emergency under subsection (a) shall be in addition to
GENERAL PROVISIONS—INFRASTRUCTURE
Deficit Control Act of 1985 (2 U.S.C. 901(b)). and separate from any military construction
FUNDING
AMMUNITION PLANT MODERNIZATION
program authorized by any Act to authorize
REDUCTION OF BACKLOG OF FACILITY appropriations for a fiscal year for military
INFRASTRUCTURE PROJECTS SEC. 1006. For an additional amount for
activities of the Department of Defense and
SEC. 1001. For an additional amount for ‘‘Defense Infrastructure Fund’’, $2,500,000,000,
for military construction.
‘‘Defense Infrastructure Fund’’, $4,000,000,000, to remain available until September 30, 2026, (c) DEFINITIONS.—In this section:
of which $1,300,000,000 shall be for each of the to modernize ammunition plants: Provided, (1) COAST GUARD YARD.—The term ‘‘Coast
Departments of the Army, the Navy, and the That such amount is designated by Congress Guard Yard’’ means the Coast Guard Yard in
Air Force, and $100,000,000 shall be for the as being for an emergency requirement pur- Baltimore, Maryland.
Defense Health Agency, to remain available suant to section 4112(a) of H. Con. Res. 71 (2) NAVY PUBLIC SHIPYARD.—The term
until September 30, 2026, to reduce the back- (115th Congress), the concurrent resolution ‘‘Navy public shipyard’’ means the following:
log of facility infrastructure maintenance on the budget for fiscal year 2018, and to sec- (A) The Norfolk Naval Shipyard, Virginia.
projects of the Department of Defense: Pro- tion 251(b) of the Balanced Budget and Emer- (B) The Pearl Harbor Naval Shipyard, Ha-
vided, That any project carried out with gency Deficit Control Act of 1985 (2 U.S.C. waii.
ctelli on DSK11ZRN23PROD with SENATE
amounts provided in this section shall com- 901(b)). (C) The Portsmouth Naval Shipyard,
ply with the requirements under section 2811 FIFTH-GENERATION WIRELESS NETWORKING Maine.
of title 10, United States Code: Provided fur- TECHNOLOGIES (D) The Puget Sound Naval Shipyard,
ther, That such amount is designated by Con- SEC. 1007. For an additional amount for Washington.
gress as being for an emergency requirement ‘‘Defense Infrastructure Fund’’, $2,500,000,000, (3) NAVY PRIVATE NEW CONSTRUCTION SHIP-
pursuant to section 4112(a) of H. Con. Res. 71 to remain available until September 30, 2026, YARD.—The term ‘‘Navy private new con-
(115th Congress), the concurrent resolution to provide fifth-generation wireless net- struction shipyard’’—
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S5868 CONGRESSIONAL RECORD — SENATE August 4, 2021
(A) means any shipyard in which one or MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, SCHUMER (for Ms. SINEMA (for herself,
more combatant or support vessels included Ms. COLLINS, Mr. TESTER, Ms. MUR- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
in the most recent plan submitted under sec- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
tion 231 of title 10, United States Code, are
to the bill H.R. 3684, to authorize funds TESTER, Ms. MURKOWSKI, Mr. WARNER,
being built or are planned to be built; and
(B) includes vendors and suppliers of the for Federal-aid highways, highway and Mr. ROMNEY)) to the bill H.R. 3684,
shipyard building or planning to build a com- safety programs, and transit programs, to authorize funds for Federal-aid high-
batant or support vessel. and for other purposes; which was or- ways, highway safety programs, and
(4) NAVY PRIVATE REPAIR SHIPYARD.—The dered to lie on the table; as follows: transit programs, and for other pur-
term ‘‘Navy private repair shipyard’’— At the end of title XII of division D, add poses; which was ordered to lie on the
(A) means any shipyard that performs or is the following: table; as follows:
planned to perform maintenance or mod- SEC. 412ll. GULF OF MEXICO OUTER CONTI- At the appropriate place in division I, in-
ernization work on a combatant or support NENTAL SHELF REVENUES. sert the following:
vessel included in the most recent plan sub- (a) DEFINITION OF QUALIFIED OUTER CONTI- SEC. llll. RESTORING TRAVEL AT THE
mitted under section 231 of title 10, United NENTAL SHELF REVENUES.—Section 102(9)(A) UNITED STATES-CANADA BORDER.
States Code; and of the Gulf of Mexico Energy Security Act of
(B) includes vendors and suppliers of the (a) IN GENERAL.—Not later than 10 days
2006 (43 U.S.C. 1331 note; Public Law 109–432) after the date of the enactment of this Act,
shipyard performing or planning to perform is amended—
maintenance or modernization work on a the Secretary of Homeland Security shall ex-
(1) in clause (i)(II), by striking ‘‘and’’ after pand the list of permitted essential travel
combatant or support vessel. the semicolon; into the United States at land ports of entry
DEFENSE ACTIVITIES OF DEPARTMENT OF (2) in clause (ii)— along the United States-Canada border to in-
ENERGY (A) in the matter preceding subclause (I), clude the following categories:
SEC. 1009. For an additional amount for by striking ‘‘fiscal year 2017 and each fiscal (1) An individual traveling to visit a mem-
‘‘Defense Infrastructure Fund’’, $3,850,000,000, year thereafter’’ and inserting ‘‘each of fiscal ber, who is a United States citizen or perma-
which shall be transferred to the Secretary years 2017 through 2021’’; and nent resident, of the immediate or extended
of Energy, to remain available until Sep- (B) in subclause (III), by striking the pe- family of such individual.
tember 30, 2026, for construction of enabling riod and inserting ‘‘; and’’; and (2) An individual traveling to visit prop-
infrastructure at Los Alamos National Lab- (3) by adding at the end the following: erty, including boats, within the United
oratory, construction of training facilities at ‘‘(iii) in the case of fiscal year 2022 and States owned or leased by such individual.
Los Alamos National Laboratory and the Sa- each fiscal year thereafter, all rentals, royal- (3) An individual traveling to the United
vannah River Site, general enabling infra- ties, bonus bids, and other sums due and pay- States to attended business meetings or site-
structure at the National Nuclear Security able to the United States received on or after visits.
Administration, decommissioning and decon- October 1, 2021, from leases entered into on (4) An individual traveling directly to a
tamination of equipment contaminated by or after October 1, 2000 for— United States airport to board a flight to a
PF–4, demolition of equipment at the Mixed- ‘‘(I) the 181 Area; United States or international destination.
Oxide Fuel Fabrication Facility, design work ‘‘(II) the 181 South Area; and (b) PLAN FOR FULL REOPENING.—Not later
for lithium and tritium facilities, and de- ‘‘(III) the 2002–2007 planning area.’’. than 20 days after the date of the enactment
ferred maintenance at the National Nuclear (b) DISPOSITION OF QUALIFIED OUTER CONTI-
of this Act, the Secretary of Homeland Secu-
Security Administration: Provided, That NENTAL SHELF REVENUES.—
rity shall submit to Congress and begin im-
such amount is designated by Congress as (1) IN GENERAL.—Section 105(a) of the Gulf
plementation of a plan to fully restore non-
being for an emergency requirement pursu- of Mexico Energy Security Act of 2006 (43
essential travel into the United States at
ant to section 4112(a) of H. Con. Res. 71 (115th U.S.C. 1331 note; Public Law 109–432) is
land ports of entry along the United States-
Congress), the concurrent resolution on the amended—
Canada border.
budget for fiscal year 2018, and to section (A) in paragraph (1), by striking ‘‘50’’ and
(c) APPLICABILITY.—This section applies to
251(b) of the Balanced Budget and Emergency inserting ‘‘37.5’’; and only those restrictions (and the related relief
Deficit Control Act of 1985 (2 U.S.C. 901(b)). (B) in paragraph (2)— sought in accordance with this section) in
TRANSFER OF FUNDS
(i) in the matter preceding subparagraph place pursuant to section 318(b)(2) of the Tar-
(A), by striking ‘‘50’’ and inserting ‘‘62.5’’; iff Act of 1930 (19 U.S.C. 1318(b)(2)) at land
SEC. 1010. Amounts provided in this title
(ii) in subparagraph (A), by striking ‘‘75’’ ports of entry along the United States-Can-
may be transferred by the Secretary of De-
and inserting ‘‘80’’; and ada border due to the COVID–19 public
fense from the Defense Infrastructure Fund
(iii) in subparagraph (B), by striking ‘‘25’’ health emergency as in effect on the date of
to the appropriate service account for the
and inserting ‘‘20’’. the enactment of this Act.
same purpose as the funds were appropriated.
(2) LIMITATIONS ON AMOUNT OF DISTRIBUTED
Such transfers shall not be taken into ac-
QUALIFIED OUTER CONTINENTAL SHELF REVE-
count for purposes of the limitations on SA 2538. Ms. ROSEN (for herself and
NUES.—Section 105(f) of the Gulf of Mexico
transfers included in a National Defense Au-
Energy Security Act of 2006 (43 U.S.C. 1331 Mr. YOUNG) submitted an amendment
thorization Act or a Defense Appropriations intended to be proposed to amendment
note; Public Law 109–432) is amended—
Act for a fiscal year. SA 2137 proposed by Mr. SCHUMER (for
(A) in paragraph (1)—
SPENDING PLANS (i) in subparagraph (A), by adding ‘‘and’’ Ms. SINEMA (for herself, Mr. PORTMAN,
SEC. 1011. (a) DEPARTMENT OF DEFENSE.— after the semicolon; Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
Not later than 30 days before the beginning (ii) in subparagraph (B), by striking ‘‘; HEEN, Ms. COLLINS, Mr. TESTER, Ms.
of any fiscal year in which amounts appro- and’’ and inserting a period; and MURKOWSKI, Mr. WARNER, and Mr. ROM-
priated under sections 1001 through 1008 will (iii) by striking subparagraph (C); and
NEY)) to the bill H.R. 3684, to authorize
be spent, the Secretary of Defense shall sub- (B) in paragraph (2), by striking ‘‘2055’’ and
mit to the congressional defense committees inserting ‘‘2021’’. funds for Federal-aid highways, high-
a spending plan for such amounts, set forth (c) EXEMPTION OF CERTAIN PAYMENTS FROM way safety programs, and transit pro-
by line number, sub-activity group, and pro- SEQUESTRATION.— grams, and for other purposes; which
gram element number. (1) IN GENERAL.—Section 255(g)(1)(A) of the was ordered to lie on the table; as fol-
(b) DEPARTMENT OF ENERGY.—Not later Balanced Budget and Emergency Deficit lows:
than 30 days before the beginning of any fis- Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is On page 782, line 24, insert ‘‘owned or’’
cal year in which amounts appropriated amended by inserting after ‘‘Payments to after ‘‘privately’’.
under section 1009 will be spent, the Sec- Social Security Trust Funds (28–0404–0–1–
retary of Energy shall submit to the congres- 651).’’ the following:
sional defense committees a spending plan ‘‘Payments to States pursuant to section SA 2539. Ms. ROSEN submitted an
for such amounts, set forth by congressional 105(a)(2)(A) of the Gulf of Mexico Energy Se- amendment intended to be proposed to
control. curity Act of 2006 (Public Law 109–432; 43 amendment SA 2137 proposed by Mr.
(c) CONGRESSIONAL DEFENSE COMMITTEES U.S.C. 1331 note) (014–5535–0–2–302).’’. SCHUMER (for Ms. SINEMA (for herself,
DEFINED.—In this section, the term ‘‘con- (2) APPLICABILITY.—The amendment made Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
gressional defense committees’’ has the by this subsection shall apply to any seques- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
meaning given that term in section 101(a)(16) tration order issued under the Balanced
of title 10, United States Code. TESTER, Ms. MURKOWSKI, Mr. WARNER,
ctelli on DSK11ZRN23PROD with SENATE
Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.) on or after the
and Mr. ROMNEY)) to the bill H.R. 3684,
SA 2536. Mrs. HYDE-SMITH sub- date of enactment of this Act. to authorize funds for Federal-aid high-
mitted an amendment intended to be ways, highway safety programs, and
proposed to amendment SA 2137 pro- SA 2537. Mr. DAINES submitted an transit programs, and for other pur-
posed by Mr. SCHUMER (for Ms. SINEMA amendment intended to be proposed to poses; which was ordered to lie on the
(for herself, Mr. PORTMAN, Mr. amendment SA 2137 proposed by Mr. table; as follows:
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5869
At the end of section 40803 of division D, (1) inform eligible entities applying for a (C) by adding at the end the following:
add the following: multipurpose brownfield grant of the option ‘‘(D) from grant proceeds distributed under
(l) WILDFIRE AIR QUALITY MONITORING IN to develop a clean energy project on a section 103 of the Housing and Community
RURAL COMMUNITIES.— brownfield site; Development Act of 1974 (42 U.S.C. 5303) or
(1) IN GENERAL.—Not later than 180 days (2) provide technical and programmatic as- section 201 of the Public Works and Eco-
after the date of enactment of this Act, the sistance to eligible entities, including data nomic Development Act of 1965 (42 U.S.C.
Administrator of the Environmental Protec- mapping, solar siting, and feasibility studies; 3141), except that—
tion Agency shall award grants to eligible (3) integrate parcel-level, spatially explicit ‘‘(i) such proceeds are used in conjunction
communities to purchase nonregulatory, data into the existing Re-Powering inven- with the planning or development of afford-
portable air sensors that would complement, tory of mine land and brownfield sites to fa- able housing; and
but not replace, existing regulatory air qual- cilitate and streamline identification and ‘‘(ii) such affordable housing is located
ity programs and requirements. evaluation of suitable sites; and within one-half of a mile of a new defined
(2) PRIORITY.—In awarding grants under (4) engage with States and local entities to station.’’.
paragraph (1), the Administrator of the Envi- promote awareness of the program.
ronmental Protection Agency shall give pri- SA 2542. Mr. MARKEY (for himself
ority to— SA 2541. Mr. BRAUN (for himself and and Mr. MERKLEY) submitted an
(A) remote and rural communities— Mr. SCHATZ) submitted an amendment amendment intended to be proposed to
(i) that do not have regulatory air sensors; intended to be proposed to amendment amendment SA 2137 proposed by Mr.
or SA 2137 proposed by Mr. SCHUMER (for SCHUMER (for Ms. SINEMA (for herself,
(ii) in which air quality monitoring is ab- Ms. SINEMA (for herself, Mr. PORTMAN, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
sent or limited; and Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
(B) communities affected by wildfires and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
HEEN, Ms. COLLINS, Mr. TESTER, Ms. TESTER, Ms. MURKOWSKI, Mr. WARNER,
wildfire smoke.
MURKOWSKI, Mr. WARNER, and Mr. ROM- and Mr. ROMNEY)) to the bill H.R. 3684,
(3) AUTHORIZATION OF APPROPRIATIONS.—
NEY)) to the bill H.R. 3684, to authorize to authorize funds for Federal-aid high-
There are authorized to be appropriated such
sums as are necessary to carry out this sub- funds for Federal-aid highways, high- ways, highway safety programs, and
section. way safety programs, and transit pro- transit programs, and for other pur-
grams, and for other purposes; which poses; which was ordered to lie on the
SA 2540. Ms. ROSEN submitted an was ordered to lie on the table; as fol- table; as follows:
amendment intended to be proposed to lows: In section 40401 of division D, strike sub-
amendment SA 2137 proposed by Mr. At the end of division C, add the following: section (d).
SCHUMER (for Ms. SINEMA (for herself, SEC. 3llll. AFFORDABLE HOUSING INCEN-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- TIVES IN CAPITAL INVESTMENT SA 2543. Mr. CORNYN (for himself,
GRANTS.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
Section 5309 of title 49, United States Code
Mr. PADILLA, Ms. BALDWIN, Mr. CASEY,
TESTER, Ms. MURKOWSKI, Mr. WARNER, (as amended by section 30005(a)), is amend- Mr. TILLIS, Ms. CORTEZ MASTO, Ms.
and Mr. ROMNEY)) to the bill H.R. 3684, ed— CANTWELL, Mr. KENNEDY, Ms. LUMMIS,
to authorize funds for Federal-aid high- (1) in subsection (g)— Mr. WICKER, Mrs. MURRAY, and Mr.
ways, highway safety programs, and (A) in paragraph (2)(B)— KELLY) submitted an amendment in-
transit programs, and for other pur- (i) in clause (i) by striking ‘‘; and’’ and in- tended to be proposed to amendment
poses; which was ordered to lie on the serting a semicolon; SA 2137 proposed by Mr. SCHUMER (for
(ii) in clause (ii) by striking the period and Ms. SINEMA (for herself, Mr. PORTMAN,
table; as follows: inserting ‘‘; and’’; and
On page 1614, line 19, insert ‘‘hardrock min- (iii) by adding at the end the following:
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
ing,’’ before ‘‘or coal mining’’. ‘‘(iii) allow a weighting of up to five per- HEEN, Ms. COLLINS, Mr. TESTER, Ms.
On page 1616, strike lines 1 through 9 and centage points greater to the criteria relat- MURKOWSKI, Mr. WARNER, and Mr. ROM-
insert the following: ing to economic development under sub- NEY)) to the bill H.R. 3684, to authorize
(d) CONSULTATION.—The Secretary shall section (d)(2)(A)(iii) or (e)(2)(A)(iv), as appli- funds for Federal-aid highways, high-
consult with the Director of the Office of cable, and up to five percentage points lesser
Surface Mining Reclamation and Enforce-
way safety programs, and transit pro-
to the lowest scoring criteria under either grams, and for other purposes; which
ment and the Administrator of the Environ- such subsection, if the applicant dem-
mental Protection Agency, acting through was ordered to lie on the table; as fol-
onstrates substantial effort to preserve or
the Office of Brownfields and Land Revital- encourage affordable housing near the lows:
ization— project by— At the appropriate place in division I, in-
(1) to determine whether it is necessary to ‘‘(I) providing documentation of policies sert the following:
promulgate regulations or issue guidance in that allow for the approval of multi-family SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-
order to prioritize and expedite the siting of housing, single room occupancy units, and LIEF FUNDS FOR INFRASTRUCTURE
clean energy projects on current and former PROJECTS.
accessory dwelling units without a discre-
mine land sites; and tionary review process; (a) IN GENERAL.—Title VI of the Social Se-
(2) to convene utilities, nonprofit organiza- ‘‘(II) providing local capital sources for curity Act (42 U.S.C. 801 et seq.) is amend-
tions, researchers, and other stakeholders— transit-oriented development; or ed—
(A) to explore the most effective avenues ‘‘(III) other methods, as determined appro- (1) in section 602—
available to address transmission and dis- priate by the Secretary.’’; (A) in subsection (a)(1), by inserting ‘‘(ex-
tribution system upgrades needed to develop (B) in paragraph (3)— cept as provided in subsection (c)(4))’’ after
the sites described in paragraph (1); and (i) in subparagraph (C) by striking ‘‘and’’ ‘‘December 31, 2024’’; and
(B) to identify and evaluate current bar- at the end; (B) in subsection (c)—
riers to clean energy development, including (ii) by redesignating subparagraph (D) as (i) in paragraph (1), in the matter pre-
mine closure plans and reclamation require- subparagraph (E); and ceding subparagraph (A), by striking ‘‘para-
ments, and recommend revisions to such re- (iii) by inserting after subparagraph (C) the graph (3)’’ and inserting ‘‘paragraphs (3) and
quirements that can facilitate clean energy following: (4)’’; and
deployment on mine sites while protecting ‘‘(D) in the case of a warrant that applies (ii) by adding at the end the following new
the environment. to the criteria relating to economic develop- paragraph:
On page 1617, between lines 6 and 7, insert ment under subsection (d)(2)(A)(iii) or ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN
the following: (e)(2)(A)(iv), the applicant that requests the INFRASTRUCTURE PROJECTS.—
SEC. 40344. RE-POWERING AMERICA’S LAND INI- use of such warrant has completed and sub- ‘‘(A) IN GENERAL.—Subject to subparagraph
TIATIVE. mitted a housing feasibility assessment; (C), notwithstanding any other provision of
(a) IN GENERAL.—The Administrator of the and’’; and law, a State, territory, or Tribal government
Environmental Protection Agency (referred (C) by adding at the end the following: receiving a payment under this section or a
to in this section as the ‘‘Administrator’’) ‘‘(9) DEFINITION.—In this subsection, the transfer pursuant to section 603(c)(4) may
shall establish the RE-Powering America’s term ‘housing feasibility assessment’ means use funds provided under such payment or
Land Initiative as a program within the En- an analysis of the physical, legal, and finan- transfer for projects described in subpara-
ctelli on DSK11ZRN23PROD with SENATE
vironmental Protection Agency in order to cial viability of developing additional hous- graph (B), including—
encourage the development of clean energy ing along a project corridor.’’; and ‘‘(i) in the case of a project described in
projects on current and former mine land (2) in subsection (l)(4)— clause (i), (xiv), (xv), or (xviii) of that sub-
and brownfield sites. (A) in subparagraph (B) by striking ‘‘; or’’ paragraph, to satisfy a non-Federal share re-
(b) REQUIREMENTS.—In carrying out the and inserting a semicolon; quirement applicable to such a project; and
program under subsection (a), the Adminis- (B) in subparagraph (C) by striking the pe- ‘‘(ii) in the case of a project described in
trator shall— riod at the end and inserting ‘‘; or’’; and clause (xv) of that subparagraph, to repay a
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S5870 CONGRESSIONAL RECORD — SENATE August 4, 2021
loan provided under the program described in ‘‘(ii) WAIVER OF LIMITATION.—At the re- paragraph, to satisfy a non-Federal share re-
that clause. quest of a State, territory, or Tribal govern- quirement applicable to such a project; and
‘‘(B) PROJECTS DESCRIBED.—A project re- ment, the Secretary may allow the State, ‘‘(ii) in the case of a project described in
ferred to in subparagraph (A) is any of the territory, or Tribal government to use up to clause (xv) of that subparagraph, to repay a
following: 50 percent of a payment made under this sec- loan provided under the program described in
‘‘(i) A project that receives a grant under tion or a transfer pursuant to section that clause.
section 117 of title 23, United States Code. 603(c)(4) for a use described in subparagraph ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
‘‘(ii) A project eligible under section 119 of (A) if any of the following criteria are met MENTS.—
title 23, United States Code. (as determined by the Secretary): ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
‘‘(iii) A project eligible under section 124 of ‘‘(I) The projects involved are of signifi- INFRASTRUCTURE PROJECTS.—Subject to
title 23, United States Code, as added by the cant economic importance to the State, ter- clause (ii), the total amount that a metro-
Infrastructure Investment and Jobs Act. ritory, or Tribal government. politan city, nonentitlement unit of local
‘‘(iv) A project eligible under section 133 of ‘‘(II) The projects involved would enhance government, or county may use from a pay-
title 23, United States Code. employment opportunities for the State, ter- ment made under this section for uses de-
‘‘(v) An activity to carry out section 134 of ritory, or Tribal government. scribed in subparagraph (A) shall not exceed
title 23, United States Code. ‘‘(III) The projects involved would enhance 25 percent of such payment.
‘‘(vi) A project eligible under section 148 of the health and safety of the public. ‘‘(ii) WAIVER OF LIMITATION.—At the re-
title 23, United States Code. ‘‘(IV) The projects involved would enhance quest of a metropolitan city, nonentitlement
‘‘(vii) A project eligible under section 149 protections for the environment. unit of local government, or county, the Sec-
of title 23, United States Code. ‘‘(V) The projects involved would enhance retary may allow the metropolitan city, non-
‘‘(viii) A project eligible under section 165 the capacity of the metropolitan city, State, entitlement unit of local government, or
of title 23, United States Code. territory, or Tribal government to respond county to use up to 50 percent of a payment
‘‘(ix) A project eligible under section 167 of to the COVID–19 crisis. made under this section for uses described in
title 23, United States Code. ‘‘(VI) The State, territory, or Tribal gov- subparagraph (A) if any of the following cri-
‘‘(x) A project eligible under section 173 of ernment suffered a reduction in revenue (as teria are met (as determined by the Sec-
title 23, United States Code, as added by the determined under the interim final rule retary):
Infrastructure Investment and Jobs Act. issued by the Secretary on May 17, 2021, enti- ‘‘(I) The projects involved are of signifi-
‘‘(xi) A project eligible under section 202 of tled ‘Coronavirus State and Local Fiscal Re- cant economic importance to the metropoli-
title 23, United States Code. covery Funds’ (86 Fed. Reg. 26786)) of greater tan city, nonentitlement unit of local gov-
‘‘(xii) A project eligible under section 203 than 10 percent in calendar year 2020. ernment, or county.
of title 23, United States Code. ‘‘(iii) LIMITATION ON OPERATING EXPENSES.— ‘‘(II) The projects involved would enhance
‘‘(xiii) A project eligible under section 204 Funds provided under a payment made under employment opportunities for the metropoli-
of title 23, United States Code. this section or a transfer pursuant to section tan city, nonentitlement unit of local gov-
‘‘(xiv) A project that receives a grant 603(c)(4) shall not be used for operating ex- ernment, or county.
under the program for national infrastruc- penses of a project described in clauses (xvii) ‘‘(III) The projects involved would enhance
ture investments (commonly known as the through (xxi) of subparagraph (B). the health and safety of the public.
‘Rebuilding American Infrastructure with ‘‘(iv) APPLICATION OF REQUIREMENTS.—Ex- ‘‘(IV) The projects involved would enhance
Sustainability and Equity (RAISE) grant cept as otherwise provided in this section— protections for the environment.
program’). ‘‘(I) the requirements of section 60102 of ‘‘(V) The projects involved would enhance
‘‘(xv) A project that receives credit assist- the Infrastructure Investment and Jobs Act the capacity of the metropolitan city, non-
ance under the TIFIA program under chapter shall apply to funds provided under a pay- entitlement unit of local government, or
6 of title 23, United States Code. ment made under this section or transferred county to respond to the COVID–19 crisis.
‘‘(xvi) A project that furthers the comple- pursuant to section 603(c)(4) that are used for ‘‘(VI) The metropolitan city, nonentitle-
tion of a designated route of the Appalachian a project described in clause (xxiii) of sub- ment unit of local government, or county
Development Highway System under section paragraph (B) that relates to broadband in- suffered a reduction in revenue (as deter-
14501 of title 40, United States Code. frastructure; and mined under the interim final rule issued by
‘‘(xvii) A project that receives a grant ‘‘(II) the requirements of titles 23, 40, and the Secretary on May 17, 2021, entitled
under section 5307 of title 49, United States 49 of the United States Code, title I of the ‘Coronavirus State and Local Fiscal Recov-
Code. Housing and Community Development Act of ery Funds’ (86 Fed. Reg. 26786)) of greater
‘‘(xviii) A project that receives a grant 1974 (42 U.S.C. 5301 et seq.), and the National than 10 percent in calendar year 2020.
under section 5309 of title 49, United States Environmental Policy Act of 1969 (42 U.S.C. ‘‘(iii) LIMITATION ON OPERATING EXPENSES.—
Code. 4321 et. seq) shall apply to funds provided Funds provided under a payment made under
‘‘(xix) A project that receives a grant under a payment made under this section or this section shall not be used for operating
under section 5311 of title 49, United States transferred pursuant to section 603(c)(4) that expenses of a project described in clauses
Code. are used for projects described in subpara- (xvii) through (xxi) of section 602(c)(4)(B).
‘‘(xx) A project that receives a grant under graph (B). ‘‘(iv) APPLICATION OF REQUIREMENTS.—Ex-
section 5337 of title 49, United States Code. ‘‘(D) AVAILABILITY.—Funds provided under cept as otherwise provided in this section—
‘‘(xxi) A project that receives a grant a payment made under this section or trans- ‘‘(I) the requirements of section 60102 of
under section 5339 of title 49, United States ferred pursuant to section 603(c)(4) to a the Infrastructure Investment and Jobs Act
Code. State, territory, or Tribal government shall shall apply to funds provided under a pay-
‘‘(xxii) A project that receives a grant remain available for obligation for a use de- ment made under this section that are used
under section 6703 of title 49, United States scribed in subparagraph (A) through Decem- for a project described in clause (xxiii) of
Code, as added by the Infrastructure Invest- ber 31, 2024, except that no amount of such section 602(c)(4)(B) that relates to broadband
ment and Jobs Act. funds may be expended after September 30, infrastructure; and
‘‘(xxiii) A project that receives a grant 2026.’’; and ‘‘(II) the requirements of titles 23, 40, and
under title I of the Housing and Community (2) in subsection 603— 49 of the United States Code, title I of the
Development Act of 1974 (42 U.S.C. 5301 et (A) in subsection (a), by inserting ‘‘(except Housing and Community Development Act of
seq.). as provided in subsection (c)(5))’’ after ‘‘De- 1974 (42 U.S.C. 5301 et seq.), and the National
‘‘(xxiv) A project eligible under the bridge cember 31, 2024’’; and Environmental Policy Act of 1969 (42 U.S.C.
replacement, rehabilitation, preservation, (B) in subsection (c)— 4321 et. seq) shall apply to funds provided
protection, and construction program under (i) in paragraph (1), in the matter pre- under a payment made under this section
paragraph (1) under the heading ‘HIGHWAY IN- ceding subparagraph (A), by striking ‘‘para- that are used for projects described in sec-
FRASTRUCTURE PROGRAM’ under the heading graphs (3) and (4)’’ and inserting ‘‘paragraphs tion 602(c)(4)(B).
‘FEDERAL HIGHWAY ADMINISTRATION’ under (3), (4), and (5)’’; and ‘‘(C) AVAILABILITY.—Funds provided under
the heading ‘DEPARTMENT OF TRANS- (ii) by adding at the end the following new a payment made under this section to a met-
PORTATION’ under title VIII of division J of paragraph: ropolitan city, nonentitlement unit of local
the Infrastructure Investment and Jobs Act. ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN government, or county shall remain avail-
‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE- INFRASTRUCTURE PROJECTS.— able for obligation for a use described in sub-
MENTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph paragraph (A) through December 31, 2024, ex-
‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR (B), notwithstanding any other provision of cept that no amount of such funds may be
INFRASTRUCTURE PROJECTS.—Subject to law, a metropolitan city, nonentitlement expended after September 30, 2026.’’.
ctelli on DSK11ZRN23PROD with SENATE
clause (ii), the total amount that a State, unit of local government, or county receiv- (b) TECHNICAL AMENDMENTS.—Sections
territory, or Tribal government may use ing a payment under this section may use 602(c)(3) and 603(c)(3) of title VI of the Social
from a payment made under this section or funds provided under such payment for Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
a transfer pursuant to section 603(c)(4) for projects described in subparagraph (B) of sec- each amended by striking ‘‘paragraph (17)
uses described in subparagraph (A) shall not tion 602(c)(4), including— of’’.
exceed 25 percent of such payment or trans- ‘‘(i) in the case of a project described in (c) DEPARTMENT OF THE TREASURY ADMINIS-
fer. clause (i), (xiv), (xv), or (xviii) of that sub- TRATIVE EXPENSES.—
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5871
(1) IN GENERAL.—Notwithstanding any (2)(A)(i) has not been tested for COVID–19 as an independent, non-affiliated entity for
other provision of law, the unobligated bal- during the preceding 10-day period; or the purposes of this section.
ances from amounts made available to the (ii) has been tested for COVID–19 during (e) GRANT TERMS.—
Secretary of the Treasury (referred to in this the preceding 10-day period and received a (1) NUMBER OF GRANTS.—
subsection as the ‘‘Secretary’’) for adminis- positive test result; (A) IN GENERAL.—Except as provided in
trative expenses pursuant to the provisions (B) has not been fully vaccinated against subparagraph (B), an eligible entity may re-
specified in paragraph (2) shall be available COVID–19; or ceive only 1 covered grant.
to the Secretary (in addition to any other (C) has symptoms of COVID–19. (B) SUPPLEMENTAL GRANT.—The Adminis-
appropriations provided for such purpose) for (c) Funds made available by this Act may trator may make a second covered grant to
any administrative expenses of the Depart- be used to transport an alien described in an eligible entity if, as of June 30, 2021, the
ment of the Treasury determined by the Sec- subsection (b) for purposes of removal or de- gross revenues of such eligible entity for cal-
retary to be necessary to respond to the portation. endar year 2021 as of such date are not more
coronavirus emergency, including any ex- than 30 percent of the gross revenues of such
penses necessary to implement any provision SA 2546. Mr. MARSHALL submitted eligible entity for the corresponding period
of— an amendment intended to be proposed of 2019, or, if the gross revenues of the eligi-
(A) the Coronavirus Aid, Relief, and Eco- to amendment SA 2137 proposed by Mr. ble entity were negatively impacted by a
nomic Security Act (Public Law 116–136); SCHUMER (for Ms. SINEMA (for herself, natural disaster or weather disruption in
(B) division N of the Consolidated Appro- 2019, not more than 30 percent of the average
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
priations Act, 2021 (Public Law 116–260); gross revenues of the eligible entity during
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. the first 6 months of 2016, 2017, and 2018, due
(C) the American Rescue Plan Act (Public TESTER, Ms. MURKOWSKI, Mr. WARNER,
Law 117–2); or to the COVID–19 pandemic.
and Mr. ROMNEY)) to the bill H.R. 3684, (2) AMOUNT.—
(D) title VI of the Social Security Act (42
U.S.C. 801 et seq.). to authorize funds for Federal-aid high- (A) IN GENERAL.—Except as provided in
(2) PROVISIONS SPECIFIED.—The provisions ways, highway safety programs, and subparagraph (B), a covered grant shall be in
specified in this paragraph are the following: transit programs, and for other pur- an amount equal to the lesser of—
(A) Sections 4003(f) and 4112(b) of the poses; which was ordered to lie on the (i) the amount equal to 45 percent of the
gross revenues of the eligible entity for 2019,
Coronavirus Aid, Relief, and Economic Secu- table; as follows:
rity Act (Public Law 116–136). or, if the gross revenues of the eligible entity
Beginning on page 2322, strike line 16 and were negatively impacted by a natural dis-
(B) Section 421(f)(2) of division N of the all that follows through page 2323, line 4, and aster or weather disruption in 2019, equal to
Consolidated Appropriations Act, 2021 (Pub- insert the following: 45 percent of the average annual gross reve-
lic Law 116–260). (B) in the case of manufactured products, nues of the eligible entity over the 3-year pe-
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and that— riod from 2016 through 2018, which shall in-
7301(b)(5) of the American Rescue Plan Act of (i) the manufactured product was manufac- clude the gross revenues of all subsidiaries
2021 (Public Law 117–2). tured in the United States; and other related entities that are consoli-
(D) Section 602(a)(2) of the Social Security (ii) the cost of the components of the man- dated with the gross revenues of the eligible
Act (42 U.S.C. 802(a)(2)). ufactured product that are mined, produced, entity in a financial statement prepared in
or manufactured in the United States is accordance with generally accepted account-
SA 2544. Mr. LANKFORD (for him- greater than 75 percent of the total cost of ing principles for such eligible entity for
self, Mr. DAINES, Mr. INHOFE, Mr. all components of the manufactured product, such year; or
SASSE, Ms. ERNST, and Mr. BRAUN) sub- unless another standard for determining the (ii) $10,000,000.
mitted an amendment intended to be minimum amount of domestic content of the (B) SUPPLEMENT GRANT AMOUNT.—A cov-
proposed to amendment SA 2137 pro- manufactured product has been established ered grant made pursuant to paragraph (1)(B)
posed by Mr. SCHUMER (for Ms. SINEMA under applicable law or regulation; and shall be in an amount equal to 50 percent of
(for herself, Mr. PORTMAN, Mr. (iii) in case of electronic products, the cost the first covered grant received by the eligi-
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, of the components of the electronic product ble entity.
mined, produced, or manufactured in the (3) GRANT AGGREGATE MAXIMUM.—The total
Ms. COLLINS, Mr. TESTER, Ms. MUR-
United States is greater than 80 percent of amount of covered grants received by an eli-
KOWSKI, Mr. WARNER, and Mr. ROMNEY))
the total cost of all components of the elec- gible entity may not exceed $10,000,000.
to the bill H.R. 3684, to authorize funds tronic product; and (4) USE OF FUNDS.—
for Federal-aid highways, highway (A) TIMING.—
safety programs, and transit programs, SA 2547. Mr. BLUMENTHAL (for (i) EXPENSES INCURRED.—
and for other purposes; which was or- himself, Mr. WARNER, Mr. KAINE, and (I) IN GENERAL.—Except as provided in sub-
dered to lie on the table; as follows: Mrs. BLACKBURN) submitted an amend- clause (II), amounts received under a covered
Beginning on page 2090, strike line 7 and ment intended to be proposed to grant may only be used for expenses incurred
all that follows through page 2150, line 13. amendment SA 2137 proposed by Mr. during the period beginning on March 1, 2020
SCHUMER (for Ms. SINEMA (for herself, and ending on December 31, 2021.
SA 2545. Mr. MARSHALL submitted Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (II) EXTENSION FOR SUPPLEMENTAL
an amendment intended to be proposed GRANTS.—If an eligible entity receives a
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
to amendment SA 2137 proposed by Mr. grant under paragraph (1)(B), amounts re-
TESTER, Ms. MURKOWSKI, Mr. WARNER, ceived under a covered grant may be used for
SCHUMER (for Ms. SINEMA (for herself,
and Mr. ROMNEY)) to the bill H.R. 3684, costs incurred during the period beginning
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
to authorize funds for Federal-aid high- on March 1, 2020 and ending September 30,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ways, highway safety programs, and 2022.
TESTER, Ms. MURKOWSKI, Mr. WARNER, (ii) EXPENDITURE.—
transit programs, and for other pur-
and Mr. ROMNEY)) to the bill H.R. 3684, (I) IN GENERAL.—Except as provided in sub-
poses; which was ordered to lie on the
to authorize funds for Federal-aid high- clause (II), an eligible entity shall return to
table; as follows:
ways, highway safety programs, and the Administrator any amounts received
At the appropriate place in division I, in-
transit programs, and for other pur- under a covered grant that are not expended
sert the following:
poses; which was ordered to lie on the SEC. 90lll. GRANTS FOR CERTAIN MINOR
on or before the date that is 1 year after the
table; as follows: LEAGUE BASEBALL CLUBS.
date of disbursement of the covered grant.
At the appropriate place in division J, in- (a) IN GENERAL.—The Administrator shall, (II) EXTENSION FOR SUPPLEMENTAL
sert the following: GRANTS.—If an eligible entity receives a
subject to the availability of appropriations,
SEC. lll. (a) Except as provided in sub- make covered grants to eligible entities in grant under paragraph (1)(B), the eligible en-
section (c), none of the funds made available accordance with this section. tity shall return to the Administrator any
by this Act may be used to transport an (b) AUTHORITY.—The Associate Adminis- amounts received under any covered grant
alien described in subsection (b) from a loca- trator for the Office of Disaster Assistance of that are not expended on or before the date
tion at which the alien is held in the custody the Small Business Administration shall co- that is 18 months after the date of disburse-
of the Secretary of Homeland Security, or ordinate and formulate policies relating to ment of the first covered grant received by
other Federal or State custody, to a location the administration of covered grants. the eligible entity.
at which the alien would be paroled or other- (c) CERTIFICATION OF NEED.—An eligible en- (B) ALLOWABLE EXPENSES.—An eligible en-
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wise released from such custody. tity applying for a covered grant shall sub- tity may use amounts received under a cov-
(b) An alien described in this subsection is mit a good faith certification that the uncer- ered grant for—
an alien (as defined in section 101(a) of the tainty of current economic conditions makes (i) payroll costs;
Immigration and Nationality Act (8 U.S.C. necessary the grant to support the ongoing (ii) payments on any covered rent obliga-
1101(a))) who— operations of the eligible entity. tion or other obligation to a public entity
(1) is unlawfully present in the United (d) MULTIPLE BUSINESS ENTITIES.—The Ad- from whom the primary venue of the eligible
States; and ministrator shall treat each eligible entity entity is leased or licensed;
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S5872 CONGRESSIONAL RECORD — SENATE August 4, 2021
(iii) any covered utility payment; (B) the metrics that the Administrator (F) the American Rescue Plan Act of 2021
(iv) payments of interest or principal due shall use to determine which covered grants (Public Law 117–2).
on any covered mortgage obligation; will be audited pursuant to subsection (f). (4) COVERED MORTGAGE OBLIGATION; COV-
(v) payments of interest or principal due (2) REPORT.—Not later than 60 days after ERED RENT OBLIGATION; COVERED UTILITY PAY-
on any indebtedness or debt instrument in- the date of enactment of this Act, and each MENT; COVERED WORKER PROTECTION EXPENDI-
curred in the ordinary course of business month thereafter until the date that is 1 TURE.—The terms ‘‘covered mortgage obliga-
that is a liability of the eligible entity and year after the date on which all amounts ap- tion’’, ‘‘covered rent obligation’’, ‘‘covered
was in place or incurred prior to February 15, propriated to make covered grants have been utility payment’’, and ‘‘covered worker pro-
2020; expended, the Administrator shall submit to tection expenditure’’ have the meanings
(vi) covered worker protection expendi- the Committee on Small Business and Entre- given those terms in section 7A(a) of the
tures; preneurship of the Senate and the Com- Small Business Act (15 U.S.C. 636m(a)).
(vii) payments made to independent con- mittee on Small Business of the House of (5) ELIGIBLE ENTITY.—The term ‘‘eligible
tractors, as reported on Form-1099 MISC, not Representatives a report on the oversight entity’’ means any Minor League Baseball
to exceed a total of $100,000 in annual com- and audit activities of the Administrator Club or Independent Professional Baseball
pensation for any individual employee of an under this subsection, which shall include— Club that meets the following requirements:
independent contractor; and (A) the total number of covered grants ap- (A) The Minor League Baseball Club or
(viii) other ordinary and necessary busi- proved and disbursed; Independent Professional Baseball Club was
ness expenses, including— (B) the total amount of covered grants re- operating in the ordinary course of business
(I) maintenance expenses; ceived by each eligible entity; on February 29, 2020.
(II) administrative costs, including fees (C) the number of active investigations and (B) The gross revenues of the Minor League
and licensing costs; audits of covered grants; Baseball Club or Independent Professional
(III) State and local taxes and fees; (D) the number of completed reviews and Baseball Club in calendar year 2020 were not
(IV) operating leases in effect as of Feb- audits of covered grants, including a descrip- more than 25 percent of the gross revenues of
ruary 15, 2020; tion of any findings of fraud or other mate- the Minor League Baseball Club or Inde-
(V) payments required for insurance on rial non-compliance; and pendent Professional Baseball Club in cal-
any insurance policy; (E) any substantial changes made to the endar year 2019, or, if the gross revenues of
(VI) settling existing debts with vendors; oversight and audit plan submitted under the Minor League Baseball Club or Inde-
and paragraph (1). pendent Professional Baseball Club were neg-
(VII) advertising, production, transpor- (h) TAX TREATMENT OF COVERED LOANS.—
atively impacted by a natural disaster or
tation, and capital expenditures relating to (1) IN GENERAL.—For the purposes of the
weather disruption in 2019, not more than 25
the primary venue of the eligible entity or Internal Revenue Code of 1986—
percent of the average annual gross revenues
events held at such venue, except that a (A) no covered grant shall be included in
of the Minor League Baseball Club or Inde-
grant under this section may not be used pri- the gross income of the eligible entity that
pendent Professional Baseball Club over the
marily for such expenditures. receives such covered grant;
3-year period from 2016 through 2018, as de-
(C) PROHIBITED EXPENSES.—An eligible en- (B) no deduction shall be denied, no tax at-
termined by the Administrator using the ac-
tity may not use amounts received under a tribute shall be reduced, and no basis in-
crual method of accounting and excluding
grant under this section— crease shall be denied, by reason of the ex-
any amounts received any amounts received
(i) to purchase real estate; clusion from gross income provided by sub-
under the CARES Act (15 U.S.C. 9001 et seq.),
(ii) for payments of interest or principal paragraph (A); and
an amendment to such Act, the Consolidated
for loans originated after February 15, 2020; (C) in the case of a partnership or S cor-
Appropriations Act, 2021 (Public Law 116–
(iii) to invest or re-lend funds; poration that receives such a covered grant—
260), or any subsequent COVID Relief pack-
(iv) for contributions or expenditures to, or (i) any amount excluded from income by
age.
on behalf of, any political party, party com- reason of subparagraph (A) shall be treated
(C) At the time the Minor League Baseball
mittee or candidate for elective office; or as tax exempt income for purposes of sec-
Club or Independent Professional Baseball
(v) for any other use as may be reasonably tions 705 and 1366 of the Internal Revenue
Club submits the certification required
prohibited by the Administrator. Code of 1986; and
under subsection (c), the Minor League Base-
(f) INCREASED OVERSIGHT.—The Adminis- (ii) the Secretary of the Treasury (or the
ball Club or Independent Professional Base-
trator shall increase oversight of eligible en- Secretary’s delegate) shall prescribe rules
ball Club is open, or intends to reopen, for
tities receiving covered grants, which may for determining a partner’s distributive
the primary purpose of conducting baseball
include the following: share of any amount described in clause (i)
games.
(1) DOCUMENTATION.—Additional docu- for purposes of section 705 of the Internal
(D) The Minor League Baseball Club or
mentation requirements that are consistent Revenue Code of 1986.
Independent Professional Baseball Club is
with the eligibility and other requirements (2) APPLICABILITY.—Paragraph (1) shall
not majority owned, directly or indirectly,
under this section, including requiring an el- apply to taxable years ending after the date
by Major League Baseball, a Major League
igible entity that receives a grant under this of enactment of this Act.
(i) FUNDING.—Notwithstanding any provi- Baseball Club, or one or more persons who
section to retain records that document have a greater than 10 percent ownership in-
sion of covered law, from any funds appro-
compliance with the requirements for grants terest in a Major League Baseball Club.
priated under such a law that have not been
under this section— obligated as of the date of enactment of this (6) INDEPENDENT PROFESSIONAL BASEBALL
(A) with respect to employment records, Act and are no longer being used to carry out CLUB.—The term ‘‘Independent Professional
for the 4-year period following receipt of the the activities under such a law, the remain- Baseball Club’’ means a professional baseball
grant; and ing funds or $550,000,000, whichever is great- team, including a professional baseball team
(B) with respect to other records, for the 3- er, but in any case not more than $550,000,000, that is a corporation, limited liability com-
year period following receipt of the grant. shall be allocated to the Administrator to pany, or a partnership or operated as a sole
(2) REVIEWS OF USE.—Reviews of the use of carry out this section, of which not more proprietorship, that—
the grant proceeds by an eligible entity to than $50,000,000 shall be allocated to Inde- (A) operates for profit or as a nonprofit or-
ensure the compliance with requirements es- pendent Professional Baseball Clubs. ganization;
tablished under this section and by the Ad- (j) DEFINITIONS.—In this section: (B) is located in the United States; and
ministrator, including that the Adminis- (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) as of February 29, 2020, was a member
trator may— trator’’ means the Administrator of the of—
(A) review and audit grants under this sec- Small Business Administration. (i) the American Association of Profes-
tion; and (2) COVERED GRANTS.—The term ‘‘covered sional Baseball;
(B) in the case of fraud of other material grant’’ means a grant made under this sec- (ii) the Atlantic League of Professional
noncompliance with respect to a grant under tion to an eligible entity. Baseball;
this section— (3) COVERED LAW.—The term ‘‘covered law’’ (iii) the Canadian American Association of
(i) require repayment of misspent funds; or means— Professional Baseball;
(ii) pursue legal action to collect funds. (A) the Coronavirus Preparedness and Re- (iv) the Empire Professional Baseball
(g) OVERSIGHT AND AUDIT PLAN.— sponse Supplemental Appropriations Act, League;
(1) IN GENERAL.—Not later than 45 days 2020 (Public Law 116–123); (v) the Frontier League;
after the date of enactment of this Act, the (B) the Families First Coronavirus Re- (vi) the Pacific Association of Professional
Administrator shall submit to the Com- sponse Act (Public Law 116–127); Baseball Clubs;
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mittee on Small Business and Entrepreneur- (C) the CARES Act (Public Law 116–136); (vii) the Pecos League of Professional
ship of the Senate and the Committee on (D) the Paycheck Protection Program and Baseball Clubs;
Small Business of the House of Representa- Health Care Enhancement Act (Public Law (viii) the United Shore Professional Base-
tives an audit plan that details— 116–139; 134 Stat. 620); ball League; or
(A) the policies and procedures of the Ad- (E) division M or N of the Consolidated Ap- (ix) the Western League.
ministrator for conducting oversight and au- propriations Act, 2021 (Public Law 116–260); (7) MINOR LEAGUE BASEBALL CLUB.—The
dits of covered grants; and or term ‘‘Minor League Baseball Club’’ means a
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5873
professional baseball team, including a pro- (B) conducting eligible activities on Na- $90,000,000 for each of fiscal years 2022 and
fessional baseball team that is a corporation, tional Forest System land or assisting land- 2023.
limited liability company, or a partnership owners in implementing eligible activities (2) ADDITIONAL FUNDS.—In addition to the
or operated as a sole proprietorship, that— on State, Tribal, or private land using the funds described in paragraph (1), the Sec-
(A) operates for profit or as a nonprofit or- applicable programs and authorities admin- retary may obligate available funds from ac-
ganization; istered by the Chief of the Forest Service. counts used to carry out the existing Joint
(B) is located in the United States; and (c) SELECTION OF ELIGIBLE ACTIVITIES.—The Chiefs’ Landscape Restoration Partnership
(C)(i) as of February 29, 2020, was a member appropriate Regional Forester and State prior to the date of enactment of this Act to
of a league that was a member of the Na- Conservationist shall jointly submit to the carry out the Program.
tional Association of Professional Baseball Chiefs on an annual basis proposals for eligi- (3) DURATION OF AVAILABILITY.—Funds
Leagues, Inc.; or ble activities under the Program. made available under paragraph (1) shall re-
(ii) has been offered and is operating or has (d) EVALUATION CRITERIA.—In evaluating main available until expended.
agreed to operate under— and selecting proposals submitted under sub- (4) DISTRIBUTION OF FUNDS.—Of the funds
(I) a Player Development License granted section (c), the Chiefs shall consider— made available under paragraph (1)—
by MLB Professional Development Leagues, (1) criteria including whether the pro- (A) not less than 40 percent shall be allo-
LLC; or posal— cated to carry out eligible activities through
(II) a license granted by Appalachian (A) reduces wildfire risk in a municipal wa- the Natural Resources Conservation Service;
League, Inc. tershed or the wildland-urban interface; (B) not less than 40 percent shall be allo-
(8) PAYROLL COSTS.—The term ‘‘payroll (B) was developed through a collaborative cated to carry out eligible activities through
costs’’ has the meaning given the term in process with participation from diverse the Forest Service; and
section 7(a)(36)(A) of the Small Business Act stakeholders; (C) the remaining funds shall be allocated
(15 U.S.C. 636(a)(36)(A)). (C) increases forest workforce capacity or by the Chiefs to the Natural Resources Con-
forest business infrastructure and develop- servation Service or the Forest Service—
SA 2548. Mr. BENNET (for himself ment; (i) to carry out eligible activities; or
and Mr. HOEVEN) proposed an amend- (D) leverages existing authorities and non- (ii) for other purposes, such as technical
Federal funding; assistance, project development, or local ca-
ment to amendment SA 2137 proposed
(E) provides measurable outcomes; or pacity building.
by Mr. SCHUMER (for Ms. SINEMA (for (F) supports established State and regional
herself, Mr. PORTMAN, Mr. MANCHIN, priorities; and SA 2549. Mr. CASEY submitted an
Mr. CASSIDY, Mrs. SHAHEEN, Ms. COL- (2) such other criteria relating to the mer- amendment intended to be proposed to
LINS, Mr. TESTER, Ms. MURKOWSKI, Mr. its of the proposals as the Chiefs determine
amendment SA 2137 proposed by Mr.
WARNER, and Mr. ROMNEY)) to the bill to be appropriate.
(e) OUTREACH.—The Secretary shall pro- SCHUMER (for Ms. SINEMA (for herself,
H.R. 3684, to authorize funds for Fed-
vide— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
eral-aid highways, highway safety pro-
(1) public notice on the websites of the For- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
grams, and transit programs, and for est Service and the Natural Resources Con- TESTER, Ms. MURKOWSKI, Mr. WARNER,
other purposes; as follows: servation Service describing— and Mr. ROMNEY)) to the bill H.R. 3684,
At the end of title VIII of division D, add (A) the solicitation of proposals under sub- to authorize funds for Federal-aid high-
the following: section (c); and
ways, highway safety programs, and
SEC. 408lllll. JOINT CHIEFS LANDSCAPE (B) the criteria for selecting proposals in
RESTORATION PARTNERSHIP PRO- accordance with subsection (d); and transit programs, and for other pur-
GRAM. (2) information relating to the Program poses; which was ordered to lie on the
(a) DEFINITIONS.—In this section: and activities funded under the Program to table; as follows:
(1) CHIEFS.—The term ‘‘Chiefs’’ means the States, Indian Tribes, units of local govern- At the end of division H, insert the fol-
Chief of the Forest Service and the Chief of ment, and private landowners. lowing:
the Natural Resources Conservation Service. (f) EXCLUSIONS.—An eligible activity may TITLE VII—QUALIFIED COMMUNITY
(2) ELIGIBLE ACTIVITY.—The term ‘‘eligible not be carried out under the Program— COLLEGE BONDS
activity’’ means an activity— (1) in a wilderness area or designated wil-
SEC. 80701. SHORT TITLE.
(A) to reduce the risk of wildfire; derness study area;
(B) to protect water quality and supply; or This title may be cited as the ‘‘Community
(2) in an inventoried roadless area;
(C) to improve wildlife habitat for at-risk College Infrastructure Act of 2021’’.
(3) on any Federal land on which, by Act of
species. SEC. 80702. TAX CREDIT FOR QUALIFIED COMMU-
Congress or Presidential proclamation, the
NITY COLLEGE BONDS.
(3) PROGRAM.—The term ‘‘Program’’ means removal of vegetation is restricted or prohib-
the Joint Chiefs Landscape Restoration (a) IN GENERAL.—Part IV of subchapter A
ited; or
Partnership program established under sub- of chapter 1 of the Internal Revenue Code of
(4) in an area in which the eligible activity
section (b)(1). 1986 is amended by inserting after subpart G
would be inconsistent with the applicable
(4) SECRETARY.—The term ‘‘Secretary’’ the following new subpart:
land and resource management plan.
means the Secretary of Agriculture. (g) ACCOUNTABILITY.— ‘‘Subpart H—Qualified Community College
(5) WILDLAND-URBAN INTERFACE.—The term (1) INITIAL REPORT.—Not later than 1 year Bonds
‘‘wildland-urban interface’’ has the meaning after the date of enactment of this Act, the ‘‘SEC. 54.QUALIFIED COMMUNITY COLLEGE
given the term in section 101 of the Healthy Secretary shall submit to Congress a report BONDS.
Forests Restoration Act of 2003 (16 U.S.C. providing recommendations to Congress re- ‘‘(a) QUALIFIED COMMUNITY COLLEGE
6511). lating to the Program, including a review BONDS.—For purposes of this subchapter, the
(b) ESTABLISHMENT.— of— term ‘qualified community college bond’
(1) IN GENERAL.—The Secretary shall estab- (A) funding mechanisms for the Program; means any bond issued as part of an issue
lish a Joint Chiefs Landscape Restoration (B) staff capacity to carry out the Pro- if—
Partnership program to improve the health gram; ‘‘(1) 95 percent of the available project pro-
and resilience of forest landscapes across Na- (C) privacy laws applicable to the Pro- ceeds of such issue are to be used for a quali-
tional Forest System land and State, Tribal, gram; fied purpose with respect to a qualified com-
and private land. (D) data collection under the Program; munity college,
(2) ADMINISTRATION.—The Secretary shall (E) monitoring and outcomes under the ‘‘(2) the bond is issued by a State or local
administer the Program by coordinating eli- Program; and government in consultation with the juris-
gible activities conducted on National For- (F) such other matters as the Secretary dictions of which such college is located, and
est System land and State, Tribal, or private considers to be appropriate. ‘‘(3) the issuer—
land across a forest landscape to improve the (2) ADDITIONAL REPORTS.—For each of fiscal ‘‘(A) designates such bond for purposes of
health and resilience of the forest landscape years 2022 and 2023, the Chiefs shall submit this section, and
by— to the Committee on Agriculture, Nutrition, ‘‘(B) certifies that it has the written ap-
(A) assisting producers and landowners in and Forestry and the Committee on Appro- proval of the governing body for such bond
implementing eligible activities on eligible priations of the Senate and the Committee issuance.
private or Tribal land using the applicable on Agriculture and the Committee on Appro- ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES-
programs and authorities administered by priations of the House of Representatives a IGNATED.—
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the Chief of the Natural Resources Conserva- report describing projects for which funding ‘‘(1) NATIONAL LIMITATION.—There is a na-
tion Service under title XII of the Food Se- is provided under the Program, including the tional community college bond limitation of
curity Act of 1985 (16 U.S.C. 3801 et seq.), not status and outcomes of those projects. $400,000,000 for each calendar year.
including the conservation reserve program (h) FUNDING.— ‘‘(2) ALLOCATION OF LIMITATION.—
established under subchapter B of chapter 1 (1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—The national commu-
of subtitle D of that title (16 U.S.C. 3831 et There is authorized to be appropriated to the nity college bond limitation for a calendar
seq.); and Secretary to carry out the Program year shall be allocated by the Secretary
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S5874 CONGRESSIONAL RECORD — SENATE August 4, 2021
among the States on the basis of their re- ‘‘(ii) FORMULA FOR ALLOCATION.—The ‘‘(E) investing in online resources or
spective populations of individuals below the amount allocated under this subparagraph to broadband access projects to deliver quali-
poverty line (as defined by the Office of Man- a qualified State for any calendar year shall fied community college services to qualified
agement and Budget). be the amount determined by the Secretary areas, or developing course materials for
‘‘(B) LIMITATION PER STATE.—For purposes to bear the same ratio to the aggregate un- education to be provided by a qualified com-
of subparagraph (A), a State may not receive used carryover amounts of all States for the munity college, provided that such uses do
an allocation of more than 5 percent of the preceding calendar year as such State’s pop- not collectively account for more than 10
national community college bond limitation ulation for the calendar year bears to the percent of the amount allocated under sub-
in any calendar year. population of all qualified States for the cal- section (b)(2)(C) to the governing body for
‘‘(C) ALLOCATIONS TO GOVERNING BODIES.— endar year. For purposes of the preceding such college,
‘‘(i) IN GENERAL.—The limitation amount sentence, population shall be determined in ‘‘(F) training professors and other school
allocated to a State under subparagraph (A) accordance with section 146(j). personnel at a qualified community college,
shall be allocated by the State to the appro- ‘‘(iii) DEFINITIONS.—For purposes of this provided that such use does not account for
priate governing bodies within such State. subparagraph: more than 5 percent of the amount allocated
‘‘(ii) PRIORITY FOR ALLOCATIONS.— ‘‘(I) UNUSED CARRYOVER AMOUNT.—The under subsection (b)(2)(C) to the governing
‘‘(I) LARGEST METROPOLITAN STATISTICAL term ‘unused carryover amount’ means the body for such college, and
AREA.—For purposes of this subparagraph,
amount of any carryover of a limitation ‘‘(G) constructing, rehabilitating, repair-
the State education agency shall, as applica- amount allocated to a State which has ex- ing, upgrading, enhancing, or expanding any
pired pursuant to subparagraph (B). on-campus facility to be used by a qualified
ble, ensure that the governing body for a
‘‘(II) QUALIFIED STATE.—The term ‘quali- community college to provide childcare to
proposed qualified community college which
fied State’ means, with respect to any cal- students and staff, provided that such use
will serve the residents of the largest metro-
endar year, a State— does not account for more than 10 percent of
politan statistical area within such State
‘‘(aa) which allocated its limitation the amount allocated under subsection
which does not contain an institution de-
amount for the preceding calendar year to (b)(2)(C) to the governing body for such col-
scribed in subsection (c)(2)(A) receives an al-
governing bodies within such State (as de- lege.
location equal to the lesser of—
scribed in paragraph (2)(C)), and ‘‘(d) APPLICATION OF CERTAIN LABOR STAND-
‘‘(aa) one-third of the total allocation to ‘‘(bb) for which a request is made (not later
the State under subparagraph (A), or ARDS TO PROJECTS FINANCED WITH QUALIFIED
than May 1 of the calendar year) to receive COMMUNITY BONDS.—
‘‘(bb) the allocation amount requested by an allocation under this subparagraph.
such governing body. ‘‘(1) IN GENERAL.—Each laborer and me-
‘‘(c) DEFINITIONS.—For purposes of this sec- chanic employed by a contractor or subcon-
‘‘(II) ADDITIONAL PRIORITIES FOR ALLOCA- tion:
TION.—For purposes of making allocations tractor in the performance of construction,
‘‘(1) GOVERNING BODY.—The term ‘gov-
under this subparagraph, the State edu- alteration, or repair work financed in whole,
erning body’ means—
cation agency shall give priority to any gov- or in part, with the proceeds of any qualified
‘‘(A) the board of trustees or other gov-
erning body which has or will have— community college bond issued after the
erning organization of a qualified commu-
‘‘(aa) a partnership, including a dual or date of enactment of the Community College
nity college, or
concurrent enrollment program (as defined Infrastructure Act of 2021 shall be paid wages
‘‘(B) a State or local government (or any
in section 8101 of the Elementary and Sec- at rates not less than those prevailing on
political subdivision thereof), or any com-
ondary Education Act of 1965 (20 U.S.C. work of a similar character in the locality,
bination of school districts or municipali-
7801)), with local high schools, ties, which participate or propose to partici- as determined by the Secretary of Labor in
‘‘(bb) a partnership with four-year institu- pate in the establishment and operation of a accordance with subchapter IV of chapter 31
tions of higher education, including a credit- qualified community college. of title 40, United States Code.
transfer agreement or articulation agree- ‘‘(2) QUALIFIED COMMUNITY COLLEGE.— ‘‘(2) AUTHORITY.—The Secretary of Labor
ment (as defined in section 486A(a) of the ‘‘(A) IN GENERAL.—The term ‘qualified shall have, with respect to the labor stand-
Higher Education Act of 1965 (20 U.S.C. community college’ means a public institu- ards described in paragraph (1), the author-
1093a(a))), for students at the qualified com- tion of higher education— ity and functions set forth in Reorganization
munity college, or ‘‘(i) at which the highest degree that is Plan Numbered 14 of 1950 (64 Stat. 1267; 5
‘‘(cc) a partnership with a State workforce predominantly awarded to students is an as- U.S.C. App.) and section 3145 of title 40,
development board established under section sociate’s degree (including 2-year tribally United States Code.’’.
101 of the Workforce Innovation and Oppor- controlled colleges under section 316 of the (b) CONFORMING AMENDMENT.—The table of
tunity Act (29 U.S.C. 3102). Higher Education Act of 1965 (20 U.S.C. 1059c) subparts for part IV of subchapter A of chap-
‘‘(3) DESIGNATION SUBJECT TO LIMITATION and public 2-year State institutions of higher ter 1 of the Internal Revenue Code of 1986 is
AMOUNT.—The maximum aggregate face education), amended by inserting after the item relating
amount of bonds issued during any calendar ‘‘(ii) which is or will be established by and to subpart G the following:
year which may be designated under sub- operated under the supervision of a gov- ‘‘SUBPART H—QUALIFIED COMMUNITY COLLEGE
section (a) with respect to any qualified erning body in conjunction with the State BONDS’’.
community college shall not exceed the limi- and local governments whose residents will SEC. 80703. CREDIT TO HOLDERS AND ISSUERS
tation amount allocated to the governing be served by such institution, and OF QUALIFIED COMMUNITY COL-
body of such college under paragraph (2)(C) ‘‘(iii) which is located within a qualified LEGE BONDS.
for such calendar year. area. (a) ALLOWANCE OF CREDIT.—
‘‘(4) CARRYOVER OF UNUSED LIMITATION.— ‘‘(B) QUALIFIED AREA.—For purposes of this (1) IN GENERAL.—Section 54A of the Inter-
‘‘(A) IN GENERAL.—If for any calendar paragraph, the term ‘qualified area’ means— nal Revenue Code of 1986, as in effect on the
year— ‘‘(i) a city or metropolitan statistical area day before repeal by Public Law 115–97, is re-
‘‘(i) the limitation amount for any State, for which there is no institution described in vived.
exceeds subparagraph (A)(i) within a 40-mile radius, (2) CREDIT LIMITED TO QUALIFIED COMMUNITY
‘‘(ii) the amount of bonds issued during ‘‘(ii) a county which— COLLEGE BONDS.—Section 54A(d) of such Code
such year which are designated under sub- ‘‘(I) does not contain any institution de- is amended—
section (a) with respect to qualified commu- scribed in such subparagraph, or (A) by striking paragraph (1) and inserting
nity colleges within such State, ‘‘(II) has an unemployment rate equal to or the following:
the limitation amount for such State for the greater than 110 percent of the national aver- ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term
following calendar year shall be increased by age (as determined by the Secretary of Labor ‘qualified tax credit bond’ means a qualified
the amount of such excess. based on the most recent available data), and community college bond which is part of an
‘‘(B) LIMITATION ON CARRYOVER.—Any car- ‘‘(iii) a low-income community (as defined issue that meets requirements of paragraphs
ryover of a limitation amount may be car- in section 45D(e)). (2), (3), (4), (5), and (6).’’, and
ried only to the first 2 years following the ‘‘(3) QUALIFIED PURPOSE.—The term ‘quali- (B) in paragraph (2), by striking subpara-
unused limitation year. For purposes of the fied purpose’ means— graph (C) and inserting the following:
preceding sentence, a limitation amount ‘‘(A) establishing and operating a qualified ‘‘(C) QUALIFIED PURPOSE.—For purposes of
shall be treated as used on a first-in first-out community college, this paragraph, the term ‘qualified purpose’
basis. ‘‘(B) expanding an existing qualified com- means a purpose specified in section
‘‘(C) ALLOCATION OF UNUSED CARRYOVER munity college to a qualified area, 54(c)(3).’’.
AMOUNT.— ‘‘(C) constructing, rehabilitating, repair- (b) CREDIT ALLOWED TO ISSUER.—
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‘‘(i) IN GENERAL.—Any unused carryover ing, upgrading, enhancing, or expanding any (1) IN GENERAL.—Section 6431 of the Inter-
amount of a State for any calendar year facility owned or to be used by a qualified nal Revenue Code of 1986, as in effect on the
shall be assigned to the Secretary for alloca- community college to carry out the edu- day before repeal by Public Law 115–97, is re-
tion among qualified States for the suc- cational purposes (including instructional vived.
ceeding calendar year, with such allocations and research purposes) of such college, (2) CONFORMING AMENDMENTS.—
to be in addition to the amounts allocated ‘‘(D) providing equipment for use by stu- (A) Section 6431(f) of such Code, as revived
pursuant to paragraph (2)(A). dents at a qualified community college, by paragraph (1), is amended by striking
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5875
paragraphs (2) and (3) and inserting the fol- (d) DEFINITIONS.—In this section: ‘‘(I) held in trust by the United States for
lowing: (1) COVERED FUNDS.—The term ‘‘covered the benefit of any Indian tribe or individual
‘‘(2) SPECIFIED TAX CREDIT BOND.—For pur- funds’’ means any available project proceeds Indian; or
poses of this subsection, the term ‘specified from the issuance of any qualified commu- ‘‘(II) held by an Indian Tribe or individual
tax credit bond’ means any qualified tax nity college bond (as defined in section 54(a) Indian subject to restriction by the United
credit bond (as defined in section 54A(d)(1)) if of the Internal Revenue Code of 1986). States against alienation.
the issuer of such bond makes an irrevocable (2) MANUFACTURED PRODUCT.—The term ‘‘(C) RIGHT-OF-WAY.—The term ‘right-of-
election to have this subsection apply.’’. ‘‘manufactured product’’ means any con- way’ means any real property, or interest
(B) Subparagraph (A) of section 6211(b)(4) struction material or end product (as such therein, acquired, dedicated, or reserved for
of the Internal Revenue Code of 1986 is terms are defined in part 25.003 of the Fed- the construction, operation, and mainte-
amended by striking ‘‘and 6428A’’ and insert- eral Acquisition Regulation) that is not an nance of a highway.
ing ‘‘6428A, and 6431’’. iron or steel product, including— ‘‘(D) UTILITY FACILITY.—
SEC. 80704. GREEN BUILDING PRACTICES. (A) electrical components; and ‘‘(i) IN GENERAL.—The term ‘utility facil-
(a) IN GENERAL.—In carrying out a new (B) non-ferrous building materials, includ- ity’ means any privately, publicly, or coop-
construction or renovation project using any ing aluminum and polyvinylchloride (PVC), eratively owned line, facility, or system for
available project proceeds from the issuance glass, fiber optics, plastic, wood, masonry, producing, transmitting, or distributing
of any qualified community college bond (as rubber, manufactured stone, any other non- communications, power, electricity, light,
defined in subsection (a) of section 54 of the ferrous metals, and any unmanufactured heat, gas, water, steam, waste, storm water
Internal Revenue Code of 1986), a governing construction material. not connected with highway drainage, or any
body (as defined in subsection (c)(1) of such (3) PRODUCED IN THE UNITED STATES.—The other similar commodity, including any fire
section) shall use, of those proceeds, not less term ‘‘produced in the United States’’ means or police signal system or street lighting
than the applicable percentage described in the following: system, that directly or indirectly serves the
subsection (b) for construction or renovation (A) When used with respect to a manufac- public.
that is certified, verified, or consistent with tured product, the product was manufac- ‘‘(ii) INCLUSIONS.—The term ‘utility facil-
the applicable provisions of— tured in the United States and the cost of ity’ includes—
(1) the Leadership in Energy and Environ- the components of such product that were ‘‘(I) a renewable energy generation facil-
mental Design green building rating stand- mined, produced, or manufactured in the ity;
ard of the United States Green Building United States exceeds 60 percent of the total ‘‘(II) electrical transmission and distribu-
Council; cost of all components of the product. tion infrastructure; and
(2) the Living Building Challenge green (B) When used with respect to iron or steel ‘‘(III) broadband infrastructure and con-
building certification program developed by products, or an individual component of a duit.
the International Living Future Institute; manufactured product, all manufacturing ‘‘(2) ACCOMMODATION.—In determining’’;
(3) a green building rating program devel- processes for such iron or steel products or and
oped by the Collaborative for High-Perform- components, from the initial melting stage (C) by adding at the end the following:
ance Schools that is designated as CHPS through the application of coatings, occurred ‘‘(3) STATE APPROVAL.—A State, on behalf
Verified; or in the United States, except that the term of the Secretary, may approve accommo-
(4) a green building program that— does not include— dating a utility facility described in para-
(A) has standards that are equivalent to or (i) steel or iron material or products manu- graph (1)(D)(ii) within a right-of-way on a
more stringent than the standards of a pro- factured abroad from semi-finished steel or Federal-aid highway.
gram described in paragraph (1), (2), or (3); iron from the United States; and ‘‘(4) EXCLUSION.—Paragraph (3) shall not
(B) is adopted by the State or another ju- (ii) steel or iron material or products man- apply to a utility facility on Federal land or
risdiction with authority over the local edu- ufactured in the United States from semi- Indian land.
cational agency; and finished steel or iron of foreign origin. ‘‘(5) SAVINGS PROVISION.—Nothing in this
(C) includes a verifiable method to dem- (4) SECRETARY.—The term ‘‘Secretary’’ subsection alters or affects any prohibition
onstrate compliance with the program. means the Secretary of Education. relating to commercial activity under sec-
(b) APPLICABLE PERCENTAGE DESCRIBED.— SEC. 80706. EFFECTIVE DATE. tion 111(a).’’;
The applicable percentage referred to in sub- The amendments made by this title shall (3) in subsection (o)—
section (a) is— apply to obligations issued after the date of On page 202, line 23, strike ‘‘(3)’’ and insert
(1) for fiscal year 2022, 60 percent; the enactment of this Act. ‘‘(4)’’.
(2) for fiscal year 2023, 70 percent;
(3) for fiscal year 2024, 80 percent; SA 2550. Mr. OSSOFF (for himself On page 203, strike line 17 and insert the
(4) for fiscal year 2025, 90 percent; and and Mr. WHITEHOUSE) submitted an following:
(5) for each of fiscal years 2026 through amendment intended to be proposed to the project is located on a Federal-aid high-
2031, 100 percent. way.
amendment SA 2137 proposed by Mr.
SEC. 80705. USE OF AMERICAN IRON, STEEL, AND ‘‘(t) VEGETATION MANAGEMENT.—States are
MANUFACTURED PRODUCTS. SCHUMER (for Ms. SINEMA (for herself,
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- encouraged to implement, or to enter into
(a) IN GENERAL.—A governing body (as de-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. partnerships to implement, vegetation man-
fined in subsection (c)(1) of section 54 of the
Internal Revenue Code of 1986) that receives TESTER, Ms. MURKOWSKI, Mr. WARNER, agement practices, such as increased mowing
covered funds shall ensure that any iron, and Mr. ROMNEY)) to the bill H.R. 3684, heights and planting native grasses and pol-
steel, and manufactured products used in to authorize funds for Federal-aid high- linator-friendly habitats, along a right-of-
projects carried out with such funds are pro- way on a Federal-aid highway, if the imple-
ways, highway safety programs, and
duced in the United States. mentation of those practices—
transit programs, and for other pur- ‘‘(1) is in the public interest; and
(b) WAIVER AUTHORITY.—
(1) IN GENERAL.—The Secretary may waive poses; which was ordered to lie on the ‘‘(2) will not impair the highway or inter-
the requirement of subsection (a) if the Sec- table; as follows: fere with the free and safe flow of traffic.’’.
retary determines that— On page 202, strike line 5 and insert the fol-
(A) applying subsection (a) would be incon- lowing:
sistent with the public interest; (2) in subsection (l)— SA 2551. Mrs. FEINSTEIN submitted
(B) iron, steel, and manufactured products (A) by striking paragraph (2); an amendment intended to be proposed
produced in the United States are not pro- (B) by striking the subsection designation to amendment SA 2137 proposed by Mr.
duced in a sufficient and reasonably avail- and all that follows through ‘‘In deter- SCHUMER (for Ms. SINEMA (for herself,
able amount or are not of a satisfactory mining’’ in paragraph (1) in the matter pre-
quality; or ceding subparagraph (A) and inserting the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(C) using iron, steel, and manufactured following: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
products produced in the United States will ‘‘(l) ACCOMMODATING UTILITY FACILITIES IN TESTER, Ms. MURKOWSKI, Mr. WARNER,
increase the cost of the overall project by THE RIGHT-OF-WAY.— and Mr. ROMNEY)) to the bill H.R. 3684,
more than 25 percent. ‘‘(1) DEFINITIONS.—In this subsection: to authorize funds for Federal-aid high-
(2) PUBLICATION.—Before issuing a waiver ‘‘(A) FEDERAL LAND.—The term ‘Federal
under paragraph (1), the Secretary shall pub- land’ means any land or interest in land ways, highway safety programs, and
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lish in the Federal Register a detailed writ- owned by the United States. transit programs, and for other pur-
ten explanation of the waiver determination. ‘‘(B) INDIAN LAND.—The term ‘Indian land’ poses; which was ordered to lie on the
(c) CONSISTENCY WITH INTERNATIONAL means— table; as follows:
AGREEMENTS.—This section shall be applied ‘‘(i) land within the limits of an Indian res-
in a manner consistent with the obligations ervation; or On page 1200, strike line 9, and all that fol-
of the United States under international ‘‘(ii) land over which an Indian Tribe exer- lows through page 1202, line 10, and insert
agreements. cises governmental power and that is— the following:
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S5876 CONGRESSIONAL RECORD — SENATE August 4, 2021
Subtitle B—Cannabidiol and Marihuana ‘‘(I) the applicant’s research protocol— described in item (aa) if the Attorney Gen-
Research Expansion ‘‘(aa) has been reviewed and allowed— eral does not explicitly object during the 30-
SEC. 25101. SHORT TITLE. ‘‘(AA) by the Secretary of Health and day period beginning on the date on which
This subtitle may be cited as the Human Services under section 505(i) of the the Attorney General receives the notice
‘‘Cannabidiol and Marihuana Research Ex- Federal Food, Drug, and Cosmetic Act (21 under item (aa).
pansion Act’’. U.S.C. 355(i)); ‘‘(cc) The Attorney General may only ob-
SEC. 25102. DEFINITIONS. ‘‘(BB) by the National Institutes of Health ject to an amended or supplemental research
In this subtitle— or another Federal agency that funds sci- protocol under this subclause if additional
(1) the term ‘‘appropriately registered’’ entific research; or security measures are needed to safeguard
means that an individual or entity is reg- ‘‘(CC) pursuant to sections 1301.18 and against diversion or abuse.
istered under the Controlled Substances Act 1301.32 of title 21, Code of Federal Regula- ‘‘(dd) If a registrant under clause (i) seeks
(21 U.S.C. 801 et seq.) to engage in the type of tions, or any successors thereto; and to address additional security measures iden-
activity that is carried out by the individual ‘‘(II) the applicant has demonstrated to the tified by the Attorney General under item
or entity with respect to a controlled sub- Attorney General that there are effective (cc), the registrant shall notify the Attorney
stance on the schedule that is applicable to procedures in place to adequately safeguard General via registered mail, or an electronic
cannabidiol or marihuana, as applicable; against diversion of the controlled substance means permitted by the Attorney General,
(2) the term ‘‘cannabidiol’’ means— for legitimate medical or scientific use pur- not later than 30 days before implementing
(A) the substance, cannabidiol, as derived suant to section 25125 of the Cannabidiol and an amended or supplemental research pro-
from marihuana that has a delta-9- Marihuana Research Expansion Act, includ- tocol.
tetrahydrocannabinol level that is greater ing demonstrating that the security meas- ‘‘(ee) A registrant may proceed with an
than 0.3 percent; and ures are adequate for storing the quantity of amended or supplemental research protocol
(B) the synthetic equivalent of the sub- marihuana the applicant would be author- described in item (dd) if the Attorney Gen-
stance described in subparagraph (A); ized to possess. eral does not explicitly object during the 30-
(3) the terms ‘‘controlled substance’’, ‘‘dis- ‘‘(ii) The Attorney General may deny an day period beginning on the date on which
pense’’, ‘‘distribute’’, ‘‘manufacture’’, ‘‘mari- application for registration under this sub- the Attorney General receives the notice
huana’’, and ‘‘practitioner’’ have the mean- paragraph only if the Attorney General de- under item (dd).
ings given such terms in section 102 of the termines that the issuance of the registra- ‘‘(III)(aa) If a registrant under clause (i)
Controlled Substances Act (21 U.S.C. 802), as tion would be inconsistent with the public seeks to change the quantity of marihuana
amended by this subtitle; interest. In determining the public interest, needed for research and the change in quan-
(4) the term ‘‘covered institution of higher the Attorney General shall consider the fac- tity does not impact the factors described in
education’’ means an institution of higher tors listed in— item (bb) or (cc) of subclause (I) of this
education (as defined in section 101 of the ‘‘(I) subparagraphs (B) through (E) of para- clause, the registrant shall notify the Attor-
Higher Education Act of 1965 (20 U.S.C. 1001)) graph (1); and ney General via registered mail or using an
that— ‘‘(II) subparagraph (A) of paragraph (1), if electronic means permitted by the Attorney
(A)(i) has highest or higher research activ- the applicable State requires practitioners General.
ity, as defined by the Carnegie Classification conducting research to register with a board ‘‘(bb) A notification under item (aa) shall
of Institutions of Higher Education; or or authority described in such subparagraph include—
(ii) is an accredited medical school or an (A). ‘‘(AA) the Drug Enforcement Administra-
accredited school of osteopathic medicine; ‘‘(iii)(I) Not later than 60 days after the tion registration number of the registrant;
and date on which the Attorney General receives ‘‘(BB) the quantity of marihuana already
(B) is appropriately registered under the a complete application for registration under obtained;
Controlled Substances Act (21 U.S.C. 801 et this subparagraph, the Attorney General ‘‘(CC) the quantity of additional mari-
seq.); shall— huana needed to complete the research; and
(5) the term ‘‘drug’’ has the meaning given ‘‘(aa) approve the application; or ‘‘(DD) an attestation that the change in
the term in section 201(g)(1) of the Federal ‘‘(bb) request supplemental information. quantity does not impact the source of the
Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(II) For purposes of subclause (I), an ap- drug or the conditions under which the drug
321(g)(1)); plication shall be deemed complete when the is stored, tracked, or administered.
(6) the term ‘‘medical research for drug de- applicant has submitted documentation ‘‘(cc) The Attorney General shall ensure
velopment’’ means medical research that showing that the requirements under clause that—
is— (i) are satisfied. ‘‘(AA) any registered mail return receipt
(A) a preclinical study or clinical inves- ‘‘(iv) Not later than 30 days after the date
tigation conducted in accordance with sec- with respect to a notification under item
on which the Attorney General receives sup- (aa) is submitted for delivery to the reg-
tion 505(i) of the Federal Food, Drug, and plemental information as described in clause
Cosmetic Act (21 U.S.C. 355(i)) or otherwise istrant providing the notification not later
(iii)(I)(bb) in connection with an application than 3 days after receipt of the notification
permitted by the Department of Health and described in this subparagraph, the Attorney
Human Services to determine the potential by the Attorney General; and
General shall approve or deny the applica- ‘‘(BB) notice of receipt of a notification
medical benefits of marihuana or
tion. using an electronic means permitted under
cannabidiol as a drug; and
‘‘(v) If an application described in this sub- item (aa) is provided to the registrant pro-
(B) conducted by a covered institution of
paragraph is denied, the Attorney General viding the notification not later than 3 days
higher education, practitioner, or manufac-
shall provide a written explanation of the after receipt of the notification by the Attor-
turer that is appropriately registered under
basis of denial to the applicant.’’. ney General.
the Controlled Substances Act (21 U.S.C. 801
et seq.); and SEC. 25122. RESEARCH PROTOCOLS. ‘‘(dd)(AA) On and after the date described
(7) the term ‘‘State’’ means any State of (a) IN GENERAL.—Paragraph (2)(B) of sec- in subitem (BB), a registrant that submits a
the United States, the District of Columbia, tion 303(f) of the Controlled Substances Act notification in accordance with item (aa)
and any territory of the United States. (21 U.S.C. 823(f)), as amended by section 25121 may proceed with the research as if the
CHAPTER 1—REGISTRATIONS FOR of this Act, is further amended by adding at change in quantity has been approved on
MARIHUANA RESEARCH the end the following: such date, unless the Attorney General noti-
‘‘(vi)(I) If the Attorney General grants an fies the registrant of an objection described
SEC. 25121. MARIHUANA RESEARCH APPLICA-
TIONS. application for registration under clause (i), in item (ee).
Section 303(f) of the Controlled Substances the registrant may amend or supplement the ‘‘(BB) The date described in this subitem is
Act (21 U.S.C. 823(f)) is amended— research protocol without reapplying if the the date on which a registrant submitting a
(1) by redesignating paragraphs (1) through registrant does not change— notification under item (aa) receives the reg-
(5) as subparagraphs (A) through (E), respec- ‘‘(aa) the quantity or type of drug; istered mail return receipt with respect to
tively; ‘‘(bb) the source of the drug; or the notification or the date on which the
(2) by striking ‘‘(f) The Attorney General’’ ‘‘(cc) the conditions under which the drug registrant receives notice that the notifica-
and inserting ‘‘(f)(1) The Attorney General’’; is stored, tracked, or administered. tion using an electronic means permitted
(3) by striking ‘‘Registration applications’’ ‘‘(II)(aa) If a registrant under clause (i) under item (aa) was received by the Attorney
and inserting the following: seeks to change the type of drug, the source General, as the case may be.
‘‘(2)(A) Registration applications’’; of the drug, or conditions under which the ‘‘(ee) A notification submitted under item
(4) by striking ‘‘Article 7’’ and inserting drug is stored, tracked, or administered, the (aa) shall be deemed to be approved unless
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the following: registrant shall notify the Attorney General the Attorney General, not later than 10 days
‘‘(3) Article 7’’; and via registered mail, or an electronic means after receiving the notification, explicitly
(5) by inserting after paragraph (2)(A), as permitted by the Attorney General, not later objects based on a finding that the change in
so designated, the following: than 30 days before implementing an amend- quantity—
‘‘(B)(i) The Attorney General shall register ed or supplemental research protocol. ‘‘(AA) does impact the source of the drug
a practitioner to conduct research with mar- ‘‘(bb) A registrant may proceed with an or the conditions under which the drug is
ihuana if— amended or supplemental research protocol stored, tracked, or administered; or
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5877
‘‘(BB) necessitates that the registrant im- (3) in subsection (h)(2), as so redesignated, uninterrupted supply of marihuana, includ-
plement additional security measures to by striking ‘‘subsection (f)’’ each place it ap- ing of specific strains, for research purposes.
safeguard against diversion or abuse. pears and inserting ‘‘subsection (g)’’; SEC. 25125. SECURITY REQUIREMENTS.
‘‘(IV) Nothing in this clause shall limit the (4) in subsection (j)(1), as so redesignated, (a) IN GENERAL.—An individual or entity
authority of the Secretary of Health and by striking ‘‘subsection (d)’’ and inserting engaged in researching marihuana or its
Human Services over requirements related ‘‘subsection (e)’’; and
to research protocols, including changes in— components shall store it in a securely
(5) in subsection (k), as so redesignated, by locked, substantially constructed cabinet.
‘‘(aa) the method of administration of mar- striking ‘‘subsection (f)’’ each place it ap-
ihuana; (b) REQUIREMENTS FOR OTHER MEASURES.—
pears and inserting ‘‘subsection (g)’’. Any other security measures required by the
‘‘(bb) the dosing of marihuana; and (b) TECHNICAL AND CONFORMING AMEND-
‘‘(cc) the number of individuals or patients Attorney General to safeguard against diver-
MENTS.—
involved in research.’’. sion shall be consistent with those required
(1) The Controlled Substances Act (21 for practitioners conducting research on
(b) REGULATIONS.—Not later than 1 year U.S.C. 801 et seq.) is amended—
after the date of enactment of this Act, the other controlled substances in schedules I
(A) in section 102 (21 U.S.C. 802)— and II in section 202(c) of the Controlled Sub-
Attorney General shall promulgate regula-
(i) in paragraph (16)(B)— stances Act (21 U.S.C. 812(c)) that have a
tions to carry out the amendment made by
(I) in clause (i), by striking ‘‘or’’ at the similar risk of diversion and abuse.
this section.
end;
SEC. 25123. APPLICATIONS TO MANUFACTURE SEC. 25126. PROHIBITION AGAINST REINSTATING
MARIHUANA FOR RESEARCH. (II) by redesignating clause (ii) as (iii); and INTERDISCIPLINARY REVIEW PROC-
(a) IN GENERAL.—Section 303 of the Con- (III) by inserting after clause (i) the fol- ESS FOR NON-NIH-FUNDED RE-
trolled Substances Act (21 U.S.C. 823) is lowing: SEARCHERS.
amended— ‘‘(ii) the synthetic equivalent of hemp-de- The Secretary of Health and Human Serv-
(1) by redesignating subsections (c) rived cannabidiol that contains less than 0.3 ices may not—
through (k) as subsections (d) through (l), re- percent tetrahydrocannabinol; or’’; (1) reinstate the Public Health Service
spectively; (ii) in paragraph (52)(B)— interdisciplinary review process described in
(2) by inserting after subsection (b) the fol- (I) by striking ‘‘303(f)’’ each place it ap- the guidance entitled ‘‘Guidance on Proce-
lowing: pears and inserting ‘‘303(g)’’; and dures for the Provision of Marijuana for
‘‘(c)(1)(A) As it relates to applications to (II) in clause (i), by striking ‘‘(d), or (e)’’ Medical Research’’ (issued on May 21, 1999);
manufacture marihuana for research pur- and inserting ‘‘(e), or (f)’’; and or
poses, if the Attorney General places a no- (iii) in paragraph (54), by striking ‘‘303(f)’’ (2) require another review of scientific pro-
tice in the Federal Register to increase the each place it appears and inserting ‘‘303(g)’’; tocols that is applicable only to research on
number of entities registered under this Act (B) in section 302(g)(5)(A)(iii)(I)(bb) (21 marihuana or its components.
to manufacture marihuana to supply appro- U.S.C. 822(g)(5)(A)(iii)(I)(bb)), by striking
priately registered researchers in the United ‘‘303(f)’’ and inserting ‘‘303(g)’’; CHAPTER 2—DEVELOPMENT OF FDA-AP-
States, the Attorney General shall, not later (C) in section 304 (21 U.S.C. 824), by strik- PROVED DRUGS USING CANNABIDIOL
than 60 days after the date on which the At- ing ‘‘303(g)(1)’’ each place it appears and in- AND MARIHUANA
torney General receives a completed applica- serting ‘‘303(h)(1)’’; SEC. 25141. MEDICAL RESEARCH ON
tion— (D) in section 307(d)(2) (21 U.S.C. 827(d)(2)), CANNABIDIOL.
‘‘(i) approve the application; or by striking ‘‘303(f)’’ and inserting ‘‘303(g)’’; Notwithstanding any provision of the Con-
‘‘(ii) request supplemental information. (E) in section 309A(a)(2) (21 U.S.C. trolled Substances Act (21 U.S.C. 801 et seq.),
‘‘(B) For purposes of subparagraph (A), an 829a(a)(2)), in the matter preceding subpara- the Safe and Drug-Free Schools and Commu-
application shall be deemed complete when graph (A), by striking ‘‘303(g)(2)’’ and insert- nities Act (20 U.S.C. 7101 et seq.), chapter 81
the applicant has submitted documentation ing ‘‘303(h)(2)’’; of title 41, United States Code, or any other
showing each of the following: (F) in section 311(h) (21 U.S.C. 831(h)), by Federal law, an appropriately registered cov-
‘‘(i) The requirements designated in the no- striking ‘‘303(f)’’ each place it appears and ered institution of higher education, a prac-
tice in the Federal Register are satisfied. inserting ‘‘303(g)’’; titioner, or a manufacturer may manufac-
‘‘(ii) The requirements under this Act are (G) in section 401(h)(2) (21 U.S.C. 841(h)(2)), ture, distribute, dispense, or possess mari-
satisfied. by striking ‘‘303(f)’’ each place it appears and huana or cannabidiol if the marihuana or
‘‘(iii) The applicant will limit the transfer inserting ‘‘303(g)’’; cannabidiol is manufactured, distributed,
and sale of any marihuana manufactured (H) in section 403(c)(2)(B) (21 U.S.C. dispensed, or possessed, respectively, for pur-
under this subsection— 843(c)(2)(B)), by striking ‘‘303(f)’’ and insert- poses of medical research for drug develop-
‘‘(I) to researchers who are registered ing ‘‘303(g)’’; and ment or subsequent commercial production
under this Act to conduct research with con- (I) in section 512(c)(1) (21 U.S.C. 882(c)(1)) in accordance with section 25142.
trolled substances in schedule I; and by striking ‘‘303(f)’’ and inserting ‘‘303(g)’’. SEC. 25142. REGISTRATION FOR THE COMMER-
‘‘(II) for purposes of use in preclinical re- (2) Section 1008(c) of the Controlled Sub- CIAL PRODUCTION AND DISTRIBU-
search or in a clinical investigation pursuant stances Import and Export Act (21 U.S.C. TION OF FOOD AND DRUG ADMINIS-
to an investigational new drug exemption 958(c)) is amended— TRATION-APPROVED DRUGS.
under 505(i) of the Federal Food, Drug, and (A) in paragraph (1), by striking ‘‘303(d)’’ The Attorney General shall register an ap-
Cosmetic Act (21 U.S.C. 355(i)). and inserting ‘‘303(e)’’; and plicant to manufacture or distribute
‘‘(iv) The applicant will transfer or sell any (B) in paragraph (2)(B), by striking cannabidiol or marihuana for the purpose of
marihuana manufactured under this sub- ‘‘303(h)’’ and inserting ‘‘303(i)’’. commercial production of a drug containing
section only with prior, written consent for (3) Title V of the Public Health Service Act or derived from marihuana that is approved
the transfer or sale by the Attorney General. (42 U.S.C. 290aa et seq.) is amended— by the Secretary of Health and Human Serv-
‘‘(v) The applicant has completed the ap- (A) in section 520E–4(c) (42 U.S.C. 290bb– ices under section 505 of the Federal Food,
plication and review process under sub- 36d(c)), by striking ‘‘303(g)(2)(B)’’ and insert- Drug, and Cosmetic Act (21 U.S.C. 355), in ac-
section (a) for the bulk manufacture of con- ing ‘‘303(h)(2)(B)’’; and cordance with the applicable requirements
trolled substances in schedule I. (B) in section 544(a)(3) (42 U.S.C. 290dd– under subsection (a) or (b) of section 303 of
‘‘(vi) The applicant has established and 3(a)(3)), by striking ‘‘303(g)’’ and inserting the Controlled Substances Act (21 U.S.C.
begun operation of a process for storage and ‘‘303(h)’’. 823).
handling of controlled substances in schedule (4) Title XVIII of the Social Security Act SEC. 25143. IMPORTATION OF CANNABIDIOL FOR
I, including for inventory control and moni- (42 U.S.C. 1395 et seq.) is amended— RESEARCH PURPOSES.
toring security in accordance with section (A) in section 1833(bb)(3)(B) (42 U.S.C.
25125 of the Cannabidiol and Marihuana Re- The Controlled Substances Import and Ex-
1395l(bb)(3)(B)), by striking ‘‘303(g)’’ and in- port Act (21 U.S.C. 951 et seq.) is amended—
search Expansion Act. serting ‘‘303(h)’’;
‘‘(vii) The applicant is licensed by each (1) in section 1002(a) (21 U.S.C. 952(a))—
(B) in section 1834(o)(3)(C)(ii) (42 U.S.C. (A) in paragraph (1), by striking ‘‘and’’ at
State in which the applicant will conduct op- 1395m(o)(3)(C)(ii)), by striking ‘‘303(g)’’ and
erations under this subsection, to manufac- the end;
inserting ‘‘303(h)’’; and (B) in paragraph (2)(C), by inserting ‘‘and’’
ture marihuana, if that State requires such a (C) in section 1866F(c)(3)(C) (42 U.S.C.
license. after ‘‘uses,’’; and
1395cc–6(c)(3)(C)), by striking ‘‘303(g)’’ and in- (C) inserting before the undesignated mat-
‘‘(C) Not later than 30 days after the date
serting ‘‘303(h)’’. ter following paragraph (2)(C) the following:
on which the Attorney General receives sup-
(5) Section 1903(aa)(2)(C)(ii) of the Social ‘‘(3) such amounts of marihuana or
plemental information requested under sub-
ctelli on DSK11ZRN23PROD with SENATE
paragraph (A)(ii) with respect to an applica- Security Act (42 U.S.C. 1396b(aa)(2)(C)(ii)) is cannabidiol (as defined in section 25102 of the
tion, the Attorney General shall approve or amended by striking ‘‘303(g)’’ each place it Cannabidiol and Marihuana Research Expan-
deny the application. appears and inserting ‘‘303(h)’’. sion Act) as are—
‘‘(2) If an application described in this sub- SEC. 25124. ADEQUATE AND UNINTERRUPTED ‘‘(A) approved for medical research for
section is denied, the Attorney General shall SUPPLY. drug development (as such terms are defined
provide a written explanation of the basis of On an annual basis, the Attorney General in section 25102 of the Cannabidiol and Mari-
denial to the applicant.’’; shall assess whether there is an adequate and huana Research Expansion Act), or
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S5878 CONGRESSIONAL RECORD — SENATE August 4, 2021
‘‘(B) necessary for registered manufactur- (A) recommendations as to how such bar- (3) Jobs in the technology sector tend to
ers to manufacture drugs containing mari- riers might be overcome, including whether provide higher pay and better benefits than
huana or cannabidiol that have been ap- public-private partnerships or Federal-State other jobs and have been more resilient to
proved for use by the Commissioner of Food research partnerships may or should be im- economic downturn than jobs available in
and Drugs under the Federal Food, Drug, and plemented to provide researchers with access other private sector industries.
Cosmetic Act (21 U.S.C. 301 et seq.),’’; and to additional strains of marihuana and (4) Information technology skills are
(2) in section 1007 (21 U.S.C. 957), by amend- cannabidiol; and transferrable across nearly all industries.
ing subsection (a) to read as follows: (B) recommendations as to what safe- (5) Exceptional education and on-the-job
‘‘(a)(1) Except as provided in paragraph (2), guards must be in place to verify— training programs exist and should be scaled
no person may— (i) the levels of tetrahydrocannabinol, to meet the demands of the modern tech-
‘‘(A) import into the customs territory of cannabidiol, or other cannabinoids contained nology workforce.
the United States from any place outside in products obtained from such States is ac- (6) Adoption of existing employer-driven
thereof (but within the United States), or curate; and intermediary models, such as
import into the United States from any (ii) that such products do not contain ApprenticeshipUSA under the Department of
place outside thereof, any controlled sub- harmful or toxic components. Labor, will help grow the information tech-
stance or list I chemical, or (b) ACTIVITIES.—To the extent practicable, nology workforce.
‘‘(B) export from the United States any the Secretary of Health and Human Services, (7) Career pathway education should start
controlled substance or list I chemical, either directly or through awarding grants, in high school through pathways and pro-
unless there is in effect with respect to such contacts, or cooperative agreements, shall grams of study that align with local and re-
person a registration issued by the Attorney expand and coordinate the activities of the gional employer needs.
General under section 1008, or unless such National Institutes of Health and other rel- (8) Preparing a student for a job in the
person is exempt from registration under evant Federal agencies to better determine technology sector is essential to the growth
subsection (b). the effects of cannabidiol and marihuana, as and competitiveness of the economy in the
‘‘(2) Paragraph (1) shall not apply to the outlined in the report submitted under para- United States in the 21st Century.
import or export of marihuana or graphs (1) and (2) of subsection (a). (9) Nearly 800,000 information technology
cannabidiol (as defined in section 25102 of the Subtitle C—GAO Study workers will retire between 2017 and 2024.
Cannabidiol and Marihuana Research Expan- (10) According to the Bureau of Labor Sta-
SEC. 25201. GAO STUDY ON IMPROVING THE EFFI-
sion Act) that has been approved for— CIENCY OF TRAFFIC SYSTEMS. tistics, in May 2020, the median annual wage
‘‘(A) medical research for drug develop- Not later than 1 year after the date of en- for computer and information technology oc-
ment authorized under section 25141 of the actment of this Act, the Comptroller General cupations was $91,250, which was higher than
Cannabidiol and Marihuana Research Expan- of the United States shall carry out, and sub- the median annual wage for all occupations
sion Act; or mit to Congress a report describing the re- of $41,950.
‘‘(B) use by registered manufacturers to sults of, a study on the potential societal SEC. lllll3. TECHNOLOGY APPRENTICESHIP
manufacture drugs containing marihuana or benefits of improving the efficiency of traffic CONTRACTS.
cannabidiol that have been approved for use systems. (a) IN GENERAL.—The Secretary of Labor
by the Commissioner of Food and Drugs (referred to in this section as ‘‘the Sec-
under the Federal Food, Drug, and Cosmetic SA 2552. Mrs. MURRAY (for herself retary’’) shall enter into contracts with in-
Act (21 U.S.C. 301 et seq.).’’. and Ms. CORTEZ MASTO) submitted an dustry intermediaries for the purpose of pro-
CHAPTER 3—DOCTOR-PATIENT amendment intended to be proposed to moting the development of and access to ap-
RELATIONSHIP amendment SA 2137 proposed by Mr. prenticeships in the technology sector, from
SEC. 25161. DOCTOR-PATIENT RELATIONSHIP. SCHUMER (for Ms. SINEMA (for herself, amounts appropriated under subsection (e).
It shall not be a violation of the Controlled (b) ELIGIBILITY.—To be eligible to be
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- awarded a contract under this section, an in-
Substances Act (21 U.S.C. 801 et seq.) for a
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. dustry intermediary shall submit an applica-
State-licensed physician to discuss—
(1) the currently known potential harms TESTER, Ms. MURKOWSKI, Mr. WARNER, tion to the Secretary, at such time and in
and benefits of marihuana derivatives, in- and Mr. ROMNEY)) to the bill H.R. 3684, such a manner as may be required by the
cluding cannabidiol, as a treatment with the to authorize funds for Federal-aid high- Secretary, that identifies proposed activities
legal guardian of the patient of the physician ways, highway safety programs, and designed to further the purpose described in
if the patient is a child; or transit programs, and for other pur- subsection (a).
(2) the currently known potential harms (c) SELECTION.—The Secretary shall award
poses; which was ordered to lie on the contracts under this section based on com-
and benefits of marihuana and marihuana table; as follows:
derivatives, including cannabidiol, as a petitive criteria to be prescribed by the Sec-
On page 2386, line 17, strike ‘‘or in part’’. retary.
treatment with the patient or the legal
(d) CONTRACTOR ACTIVITIES.—An industry
guardian of the patient of the physician if SA 2553. Mr. HEINRICH (for himself, intermediary that is awarded a contract
the patient is a legal adult. Mr. MORAN, and Mr. LUJÁN) submitted under this section may only use the funds
CHAPTER 4—FEDERAL RESEARCH an amendment intended to be proposed made available through such contract to
SEC. 25181. FEDERAL RESEARCH. to amendment SA 2137 proposed by Mr. carry out activities designed to further the
(a) IN GENERAL.—Not later than 1 year SCHUMER (for Ms. SINEMA (for herself, purpose described in subsection (a), includ-
after the date of enactment of this Act, the ing—
Secretary of Health and Human Services, in
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(1) facilitating the provision and develop-
coordination with the Director of the Na- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ment of apprenticeships in the technology
tional Institutes of Health and the heads of TESTER, Ms. MURKOWSKI, Mr. WARNER, sector through collaborations with public
other relevant Federal agencies, shall sub- and Mr. ROMNEY)) to the bill H.R. 3684, and private entities that provide job-related
mit to the Caucus on International Narcotics to authorize funds for Federal-aid high- instruction, such as on-the-job training, pre-
Control, the Committee on the Judiciary, ways, highway safety programs, and apprenticeship training, and technical train-
and the Committee on Health, Education, transit programs, and for other pur- ing;
Labor, and Pensions of the Senate and the poses; which was ordered to lie on the (2) encouraging entities to establish such
Committee on Energy and Commerce and the apprenticeships;
table; as follows:
Committee on the Judiciary of the House of (3) identifying, assessing, and training ap-
Representatives a report on— At the appropriate place in division G, in-
plicants for such apprenticeships who are—
(1) the potential therapeutic effects of sert the following:
(A) enrolled in high school;
cannabidiol or marihuana on serious medical TITLE ll—CHAMPIONING APPRENTICE- (B) enrolled in an early college high school
conditions, including intractable epilepsy; SHIPS FOR NEW CAREERS AND EMPLOY- that focuses on education in STEM subjects;
(2) the potential effects of marihuana, in- EES IN TECHNOLOGY (C) individuals aged 18 years or older who
cluding— SEC. lllll1. SHORT TITLE. meet appropriate qualification standards; or
(A) the effect of increasing delta-9- This title may be cited as the ‘‘Cham- (D) enrolled in pre-apprenticeship or ap-
tetrahydrocannabinol levels on the human pioning Apprenticeships for New Careers and prenticeship training initiatives that allow
body and developing adolescent brains; and Employees in Technology Act’’ or the adults to concurrently increase academic
(B) the effect of various delta-9- ‘‘CHANCE in TECH Act’’. and workforce skills through proven, evi-
tetrahydrocannabinol levels on cognitive SEC. lllll2. CONGRESSIONAL FINDINGS. dence-based models that connect all learning
ctelli on DSK11ZRN23PROD with SENATE
abilities, such as those that are required to Congress finds the following: to the specific apprenticeship involved and
operate motor vehicles or other heavy equip- (1) During any given 90-day period there significantly accelerate completion of prepa-
ment; and can be more than 500,000 information tech- ration for the apprenticeship; and
(3) the barriers associated with researching nology job openings in the United States. (4) tracking the progress of such applicants
marihuana or cannabidiol in States that (2) Employment in the technology sector is who participate in such apprenticeships.
have legalized the use of such substances, growing twice as fast as employment in the (e) AUTHORIZATION OF APPROPRIATIONS.—
which shall include— United States. There are authorized to be appropriated to
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5879
the Secretary such sums as may be nec- (i) a business; On page 1842, line 9, insert ‘‘, restoration,
essary for the purposes of carrying out this (ii) a consortium of businesses; and maintenance’’ after ‘‘management’’.
section. (iii) a business-related nonprofit organiza- On page 1847, line 9, insert ‘‘AND WATER-
SEC. lllll4. CHANCE IN TECH AWARDS FOR tion, including industry associations and SHED’’ after ‘‘GROUNDWATER’’.
21ST CENTURY SCHOOLS. business federations; On page 1847, line 19, insert ‘‘implementa-
(a) AWARDS AUTHORIZED.—The Secretary of (iv) a private organization functioning as a tion,’’ before ‘‘and construction’’.
Education may issue awards, to be known as workforce intermediary for the express pur- On page 1848, line 9, insert ‘‘, groundwater
‘‘CHANCE in TECH Awards for 21st Century pose of serving the needs of businesses, in- storage,’’ after ‘‘surface water’’.
On page 1851, line 7, insert ‘‘watershed
Schools’’, to schools (referred to in this sec- cluding community-based nonprofit service
function,’’ after ‘‘benefits,’’.
tion as ‘‘covered schools’’) that— providers and industry-aligned training pro-
(1) are secondary schools or junior or com- viders; or SA 2556. Ms. STABENOW (for herself,
munity colleges; and (v) a consortium of any of the entities de- Mr. CORNYN, and Mr. WHITEHOUSE) sub-
(2) demonstrate high achievement in pro- scribed in clauses (i) through (iv).
viding students necessary skills to compete (6) INSTITUTION OF HIGHER EDUCATION.—The
mitted an amendment intended to be
in the 21st century workforce. term ‘‘institution of higher education’’ has proposed to amendment SA 2137 pro-
(b) CRITERIA.—In selecting a covered school the meaning given such term in section 102 posed by Mr. SCHUMER (for Ms. SINEMA
for an award under subsection (a), the Sec- of the Higher Education Act of 1965 (20 U.S.C. (for herself, Mr. PORTMAN, Mr.
retary shall take into account— 1002). MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
(1) the availability of STEM, career and (7) JUNIOR OR COMMUNITY COLLEGE.—The Ms. COLLINS, Mr. TESTER, Ms. MUR-
technical education, and computer tech- term ‘‘junior or community college’’ has the KOWSKI, Mr. WARNER, and Mr. ROMNEY))
nology courses at the covered school; meaning given the term in section 312(f) of to the bill H.R. 3684, to authorize funds
(2) State academic assessments, as de- the Higher Education Act of 1965 (20 U.S.C. for Federal-aid highways, highway
scribed in section 111(b)(2) of the Elementary 1058(f)). safety programs, and transit programs,
and Secondary Education Act of 1965 (20 (8) LOCAL EDUCATIONAL AGENCY.—The term
U.S.C. 6311(b)(2)), of students at the covered ‘‘local educational agency’’ has the meaning
and for other purposes; which was or-
school in STEM subjects; given such term in section 8101 of the Ele- dered to lie on the table; as follows:
(3) any coordination between the covered mentary and Secondary Education Act of At the end of subtitle A of title I of divi-
school and local and regional employers in 1965 (20 U.S.C. 7801). sion A, add the following:
the technology sector for the purpose of pro- (9) SECONDARY SCHOOL.—The term ‘‘sec- SEC. 111ll. CORROSION PREVENTION FOR
viding work-based learning programs such as ondary school’’ has the meaning given such BRIDGES.
apprenticeships and internships; and term in section 8101 of the Elementary and (a) DEFINITIONS.—In this section:
(4) the availability of individualized plans Secondary Education Act of 1965 (20 U.S.C. (1) APPLICABLE BRIDGE PROJECT.—The term
provided by the covered school to students 7801). ‘‘applicable bridge project’’ means a project
relating to postsecondary education or train- (10) STATE EDUCATIONAL AGENCY.—The term for construction, replacement, rehabilita-
ing, career paths, and financial aid. ‘‘State educational agency’’ has the meaning tion, maintenance, or protection, other than
de minimis work, as determined by the ap-
SEC. lllll5. FUNDING. given such term in section 8101 of the Ele-
mentary and Secondary Education Act of plicable State department of transportation,
(a) FISCAL YEAR 2021.—Amounts made
1965 (20 U.S.C. 7801). on a bridge project assisted under title 23,
available to the Secretary of Labor under
(11) STEM.—The term ‘‘STEM’’ means United States Code.
the Department of Labor Appropriations (2) CERTIFIED CONTRACTOR.—The term ‘‘cer-
Act, 2021 to carry out the Act referred to in science, technology, engineering, and mathe-
tified contractor’’ means a contracting or
section lllll6(1) may be used to carry matics.
subcontracting firm that has been certified
out this title. (12) TECHNOLOGY SECTOR.—The term ‘‘tech-
by a third party organization recognized in-
(b) SUBSEQUENT YEARS.—There are author- nology sector’’ means the industry sector in-
dustry-wide that evaluates the capability of
ized to be appropriated to carry out this title volved in the design or development of hard-
the contractor or subcontractor to properly
such sums as may be necessary for fiscal ware, software, or security of digital data.
perform 1 or more specified aspects of an ap-
year 2022 and each subsequent fiscal year. plicable bridge project described in sub-
SEC. lllll6. DEFINITIONS. SA 2554. Mr. LUJÁN (for himself and
section (b)(2).
In this title: Mr. HEINRICH) submitted an amend- (3) QUALIFIED TRAINING PROGRAM.—The
(1) APPRENTICESHIP.—The term ‘‘appren- ment intended to be proposed to term ‘‘qualified training program’’ means a
ticeship’’ means an apprenticeship registered amendment SA 2137 proposed by Mr. training program in corrosion control, miti-
under the Act of August 16, 1937 (commonly SCHUMER (for Ms. SINEMA (for herself, gation, and prevention that is—
known as the ‘‘National Apprenticeship Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (A) offered or accredited by an organiza-
Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. tion that sets industry corrosion standards;
seq.). or
(2) CAREER AND TECHNICAL EDUCATION.—The
TESTER, Ms. MURKOWSKI, Mr. WARNER,
(B) an industrial coatings applicator train-
term ‘‘career and technical education’’ has and Mr. ROMNEY)) to the bill H.R. 3684, ing program—
the meaning given such term in section 3 of to authorize funds for Federal-aid high- (i) registered under the Act of August 16,
the Carl D. Perkins Career and Technical ways, highway safety programs, and 1937 (commonly known as the ‘‘National Ap-
Education Act of 2006 (20 U.S.C. 2302). transit programs, and for other pur- prenticeship Act’’; 50 Stat. 664, chapter 663;
(3) EARLY COLLEGE HIGH SCHOOL.—The term poses; which was ordered to lie on the 29 U.S.C. 50 et seq.); and
‘‘early college high school’’ has the meaning table; as follows: (ii) that meets the standards of subpart A
given such term in section 8101 of the Ele- of part 29 and part 30 of title 29, Code of Fed-
On page 2022, line 15, strike
mentary and Secondary Education Act of eral Regulations (or successor regulations).
‘‘$42,450,000,000’’ and insert ‘‘$52,450,000,000’’.
1965 (20 U.S.C. 7801). (b) APPLICABLE BRIDGE PROJECTS.—
On page 2024, line 9, strike ‘‘10 percent’’
(4) HIGH SCHOOL.—The term ‘‘high school’’ (1) QUALITY CONTROL.—A certified con-
and insert ‘‘15 percent’’.
has the meaning given such term in section On page 2470, line 10, strike tractor shall carry out aspects of an applica-
8101 of the Elementary and Secondary Edu- ‘‘$42,450,000,000’’ and insert ‘‘$52,450,000,000’’. ble bridge project described in paragraph (2).
cation Act of 1965 (20 U.S.C. 7801). (2) ASPECTS OF APPLICABLE BRIDGE
(5) INDUSTRY INTERMEDIARY.—The term SA 2555. Mr. WYDEN submitted an PROJECTS.—Aspects of an applicable bridge
‘‘industry intermediary’’ means an entity project referred to in paragraph (1) include—
amendment intended to be proposed to
that— (A) surface preparation or coating applica-
(A) in order to accelerate apprenticeship amendment SA 2137 proposed by Mr. tion on steel or rebar, and other passive
program development and helps establish SCHUMER (for Ms. SINEMA (for herself, forms of corrosion prevention of rebar, such
new apprenticeship partnerships at the na- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- as galvanic anodes, of an applicable bridge
tional, State, or regional level, serves as a SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. project;
conduit between an employer and an entity, TESTER, Ms. MURKOWSKI, Mr. WARNER, (B) removal of a lead-based or other haz-
such as— and Mr. ROMNEY)) to the bill H.R. 3684, ardous coating from steel of an existing ap-
(i) an industry partner; to authorize funds for Federal-aid high- plicable bridge project; and
(ii) the Department of Labor; and (C) shop painting of structural steel or
ways, highway safety programs, and
(iii) a State agency responsible for work- rebar fabricated for installation on an appli-
transit programs, and for other pur-
ctelli on DSK11ZRN23PROD with SENATE
force development programs; cable bridge project.
(B) demonstrates a capacity to work with poses; which was ordered to lie on the (3) CORROSION MANAGEMENT SYSTEM.—A
employers and other key partners to identify table; as follows: State department of transportation shall—
workforce trends and foster public-private On page 1816, line 24, insert ‘‘and watershed (A) implement a corrosion management
funding to establish new apprenticeship pro- scale’’ after ‘‘cross-boundary’’. system that utilizes industry-recognized
grams; and On page 1838, line 10, insert ‘‘and water- standards and corrosion mitigation and pre-
(C) is an entity such as— shed’’ before ‘‘storage’’. vention methods to address—
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S5880 CONGRESSIONAL RECORD — SENATE August 4, 2021
(i) surface preparation; section (b) with respect to diesel fuel or ker- On page 1594, between lines 8 and 9, insert
(ii) protective coatings; osene, then the Secretary shall pay to such the following:
(iii) materials selection; person an amount (without interest) equal to ‘‘(c) CONDITION.—Incentive payments may
(iv) cathodic protection; the tax described in subsection (b)(2)(A) with only be made for environmental improve-
(v) corrosion engineering; respect to such diesel fuel or kerosene. ments under subsection (b)(3) on the condi-
(vi) personnel training; and ‘‘(b) REQUIREMENTS.— tion that the improvements, including any
(vii) best practices in environmental pro- ‘‘(1) IN GENERAL.—A person meets the re- related physical or operational changes,
tection to prevent environmental degrada- quirements of this subsection with respect to have been authorized under applicable Fed-
tion and uphold public health; and diesel fuel or kerosene if such person re- eral, State, and Tribal permitting or licens-
(B) require a certified contractor, for the moves from a terminal eligible indelibly ing processes that include appropriate miti-
purpose of carrying out aspects of applicable dyed diesel fuel or kerosene. gation conditions arising from consultation
bridge projects described in paragraph (2), to ‘‘(2) ELIGIBLE INDELIBLY DYED DIESEL FUEL and environmental review under the proc-
employ a substantial number of individuals OR KEROSENE DEFINED.—The term ‘eligible in- esses.
that are trained and certified by a qualified delibly dyed diesel fuel or kerosene’ means On page 1594, line 9, strike ‘‘(c)’’ and insert
training program as meeting the ANSI/NACE diesel fuel or kerosene— ‘‘(d)’’.
Number 13/SSPC–ACS–1 standard (or a suc- ‘‘(A) with respect to which a tax under sec- On page 1594, line 18, strike ‘‘(d)’’ and in-
cessor standard). tion 4081 was previously paid (and not cred- sert ‘‘(e)’’.
(4) CERTIFICATION.—For an applicable ited or refunded), and
bridge project that includes an aspect de- ‘‘(B) which is exempt from taxation under SA 2560. Mr. LEE submitted an
scribed in paragraph (2), a State department section 4082(a). amendment intended to be proposed to
‘‘(c) CROSS REFERENCE.—For civil penalty amendment SA 2137 proposed by Mr.
of transportation shall only accept bids from
for excessive claims under this section, see
a certified contractor that presents written SCHUMER (for Ms. SINEMA (for herself,
section 6675.’’.
proof that the certification of the contractor (b) CONFORMING AMENDMENTS.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
meets the relevant SSPC–QP standards (or (1) Section 6206 of the Internal Revenue SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
successor standards). Code of 1986 is amended— TESTER, Ms. MURKOWSKI, Mr. WARNER,
(c) TRAINING PROGRAM.—As a condition of (A) by striking ‘‘or 6427’’ each place it ap-
entering into a contract for an applicable and Mr. ROMNEY)) to the bill H.R. 3684,
pears and inserting ‘‘6427, or 6433’’, and to authorize funds for Federal-aid high-
bridge project, each certified contractor (B) by striking ‘‘6420 and 6421’’ and insert-
shall provide training for each individual ways, highway safety programs, and
ing ‘‘6420, 6421, and 6433’’.
who is not a certified coating applicator but (2) Section 6430 of such Code is amended—
transit programs, and for other pur-
that the certified contractor employs to (A) by striking ‘‘or’’ at the end of para- poses; which was ordered to lie on the
carry out aspects of applicable bridge graph (2), by striking the period at the end of table; as follows:
projects described in subsection (b)(2). paragraph (3) and inserting ‘‘or’’, and by add- Strike section 11102 and insert the fol-
ing at the end the following new paragraph: lowing:
SA 2557. Ms. BALDWIN (for herself ‘‘(4) which are removed as eligible indelibly SEC. 11102. OBLIGATION LIMITATION.
and Mr. HOEVEN) submitted an amend- dyed diesel fuel or kerosene under section (a) GENERAL LIMITATION.—Subject to sub-
ment intended to be proposed to 6433.’’. section (d) and notwithstanding any other
amendment SA 2137 proposed by Mr. (3) Section 6675 of such Code is amended— provision of law, for each fiscal year, the ob-
SCHUMER (for Ms. SINEMA (for herself, (A) in subsection (a), by striking ‘‘or 6427 ligations for Federal-aid highway and high-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (relating to fuels not used for taxable pur- way safety construction programs shall not
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. poses)’’ and inserting ‘‘6427 (relating to fuels exceed the net highway receipts most re-
not used for taxable purposes), or 6433 (relat- cently estimated by the Secretary of the
TESTER, Ms. MURKOWSKI, Mr. WARNER,
ing to eligible indelibly dyed fuel)’’, and Treasury for that fiscal year under section
and Mr. ROMNEY)) to the bill H.R. 3684, (B) in subsection (b)(1), by striking ‘‘6421, 9503(d)(1)(B) of the Internal Revenue Code of
to authorize funds for Federal-aid high- or 6427,’’ and inserting ‘‘6421, 6427, or 6433’’. 1986.
ways, highway safety programs, and (4) The table of sections for subchapter B (b) DISTRIBUTION OF OBLIGATION AUTHOR-
transit programs, and for other pur- of chapter 65 of such Code is amended by add- ITY.—For each fiscal year, the Secretary—
poses; which was ordered to lie on the ing at the end the following new item: (1) shall not distribute obligation author-
table; as follows: ‘‘Sec. 6433. Dyed fuel.’’. ity provided by subsection (a) for the fiscal
In the eighth proviso under the heading (c) EFFECTIVE DATE.—The amendments year for—
‘‘DISTANCE LEARNING, TELEMEDICINE, AND made by this section shall apply to eligible (A) amounts authorized for administrative
BROADBAND PROGRAM’’ under the heading
indelibly dyed diesel fuel or kerosene re- expenses and programs by section 104(a) of
‘‘RURAL UTILITIES SERVICE’’ under the head- moved on or after the date that is 180 days title 23, United States Code; and
ing ‘‘RURAL DEVELOPMENT PROGRAMS’’ after the date of the enactment of this sec- (B) amounts authorized for the Bureau of
tion. Transportation Statistics;
under the heading ‘‘DEPARTMENT OF AG-
RICULTURE’’ in title I of division J, strike (2) shall not distribute an amount of obli-
SA 2559. Ms. MURKOWSKI (for her- gation authority provided by subsection (a)
‘‘electric cooperatives’’ and insert ‘‘pole
self and Ms. CANTWELL) submitted an that is equal to the unobligated balance of
owners’’.
amendment intended to be proposed to amounts—
SA 2558. Ms. BALDWIN (for herself amendment SA 2137 proposed by Mr. (A) made available from the Highway
and Mr. JOHNSON) submitted an amend- SCHUMER (for Ms. SINEMA (for herself, Trust Fund (other than the Mass Transit Ac-
ment intended to be proposed to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- count) for Federal-aid highway and highway
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. safety construction programs for previous
amendment SA 2137 proposed by Mr. fiscal years the funds for which are allocated
SCHUMER (for Ms. SINEMA (for herself, TESTER, Ms. MURKOWSKI, Mr. WARNER,
by the Secretary (or apportioned by the Sec-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and Mr. ROMNEY)) to the bill H.R. 3684,
retary under section 202 or 204 of title 23,
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to authorize funds for Federal-aid high- United States Code); and
TESTER, Ms. MURKOWSKI, Mr. WARNER, ways, highway safety programs, and (B) for which obligation authority was pro-
and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- vided in a previous fiscal year;
to authorize funds for Federal-aid high- poses; which was ordered to lie on the (3) shall determine the proportion that—
ways, highway safety programs, and table; as follows: (A) the obligation authority provided by
On page 1592, strike lines 6 through 13 and subsection (a) for the fiscal year, less the ag-
transit programs, and for other pur- gregate of amounts not distributed under
insert the following:
poses; which was ordered to lie on the ‘‘(2) is placed in service on or after the date paragraphs (1) and (2) of this subsection;
table; as follows: of enactment of this section; bears to
At the end of title I of division H, add the ‘‘(3) meets the requirements of subclauses (B) the total of the sums authorized to be
following: (I) and (III) of section 242(b)(1)(B)(ii); and appropriated for the Federal-aid highway
SEC. 810ll. PAYMENT TO CERTAIN INDIVIDUALS ‘‘(4)(A) is in compliance with all applicable and highway safety construction programs,
WHO DYE FUEL. Federal, Tribal, and State requirements; or less the aggregate of the amounts not dis-
(a) IN GENERAL.—Subchapter B of chapter ‘‘(B) would be constructed or brought into tributed under paragraphs (1) and (2) of this
ctelli on DSK11ZRN23PROD with SENATE
65 of the Internal Revenue Code of 1986 is compliance with the requirements described subsection;
amended by adding at the end the following in subparagraph (A) as a result of the capital (4) shall distribute the obligation author-
new subsection: improvements or investment carried out ity provided by subsection (a), less the aggre-
‘‘SEC. 6433. DYED FUEL. using an incentive payment under this sec- gate amounts not distributed under para-
‘‘(a) IN GENERAL.—If a person establishes tion. graphs (1) and (2), for each of the programs
to the satisfaction of the Secretary that On page 1593, line 15, insert ‘‘subject to (other than programs to which paragraph (1)
such person meets the requirements of sub- subsection (c),’’ before ‘‘environmental’’. applies) that are allocated by the Secretary
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5881
under this division and title 23, United available for any purpose described in sec- amendment SA 2137 proposed by Mr.
States Code, or apportioned by the Secretary tion 133(b) of title 23, United States Code. SCHUMER (for Ms. SINEMA (for herself,
under sections 202 or 204 of that title, by At the end of division C, add the following:
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
multiplying— SEC. 3llll. OBLIGATION LIMITATION.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
(A) the proportion determined under para- Section 5338 of title 49, United States Code
graph (3); by (as amended by section 30017), is amended by TESTER, Ms. MURKOWSKI, Mr. WARNER,
(B) the amounts authorized to be appro- adding at the end the following: and Mr. ROMNEY)) to the bill H.R. 3684,
priated for each such program for the fiscal ‘‘(f) OBLIGATION LIMITATION.—Notwith- to authorize funds for Federal-aid high-
year; and standing subsection (a) or any other provi- ways, highway safety programs, and
(5) shall distribute the obligation author- sion of law, for each fiscal year, the total of transit programs, and for other pur-
ity provided by subsection (a), less the aggre- all obligations from amounts made available poses; which was ordered to lie on the
gate amounts not distributed under para- from the Mass Transit Account of the High-
table; as follows:
graphs (1) and (2) and the amounts distrib- way Trust Fund by subsection (a) and any
other provision of law shall not exceed the At the end of division F, add the following:
uted under paragraph (4), for Federal-aid
net mass transit receipts most recently esti- TITLE VI—NO DUPLICATION OF FUNDING
highway and highway safety construction
mated for that fiscal year by the Secretary FOR BROADBAND INFRASTRUCTURE
programs that are apportioned by the Sec-
retary under title 23, United States Code of the Treasury under section 9503(e)(4) of SEC. 60601. NO DUPLICATION OF FUNDING FOR
the Internal Revenue Code of 1986.’’. BROADBAND INFRASTRUCTURE.
(other than the amounts apportioned under
sections 202 and 204 of title 23, United States None of the amounts made available under
Code) in the proportion that— SA 2561. Mr. LEE submitted an this division or an amendment made by this
(A) amounts authorized to be appropriated amendment intended to be proposed to division may be awarded for the construc-
amendment SA 2137 proposed by Mr. tion, operation, or upgrading of broadband
for the programs that are apportioned under
infrastructure to serve customers in an area
title 23, United States Code, to each State SCHUMER (for Ms. SINEMA (for herself,
that is served by a broadband provider that
for the fiscal year; bears to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- receives funds under another Federal
(B) the total of the amounts authorized to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. broadband program.
be appropriated for the programs that are TESTER, Ms. MURKOWSKI, Mr. WARNER,
apportioned under title 23, United States SA 2563. Mr. LEE submitted an
and Mr. ROMNEY)) to the bill H.R. 3684,
Code, to all States for the fiscal year.
to authorize funds for Federal-aid high- amendment intended to be proposed to
(c) REDISTRIBUTION OF UNUSED OBLIGATION
ways, highway safety programs, and amendment SA 2137 proposed by Mr.
AUTHORITY.—Notwithstanding subsection (b),
the Secretary shall, after August 1 of each transit programs, and for other pur- SCHUMER (for Ms. SINEMA (for herself,
fiscal year— poses; which was ordered to lie on the Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
(1) revise a distribution of the obligation table; as follows: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
authority made available under subsection Beginning on page 2065, strike line 13 and TESTER, Ms. MURKOWSKI, Mr. WARNER,
(b) if an amount distributed cannot be obli- all that follows through ‘‘(6)’’ on page 2071, and Mr. ROMNEY)) to the bill H.R. 3684,
gated during that fiscal year; and line 1, and insert the following: to authorize funds for Federal-aid high-
(2) redistribute sufficient amounts to those (B) shall deploy the broadband network ways, highway safety programs, and
States able to obligate amounts in addition and begin providing broadband service to transit programs, and for other pur-
to those previously distributed during that each customer that desires broadband serv-
fiscal year, giving priority to those States
poses; which was ordered to lie on the
ice not later than 4 years after the date on table; as follows:
having large unobligated balances of funds which the entity receives the subgrant, ex-
apportioned under sections 144 (as in effect cept that an eligible entity may extend the At the end of division F, add the following:
on the day before the date of enactment of deadline under this subparagraph if— TITLE VI—NO OVERBUILDING CAUSED BY
MAP-21 (Public Law 112–141)) and 104 of title (i) the eligible entity has a plan for use of DUPLICATION WITH UNIVERSAL SERV-
23, United States Code. the grant funds; ICE SUPPORT OR OTHER FEDERAL
(d) APPLICABILITY OF OBLIGATION LIMITA- (ii) the construction project is underway; BROADBAND FUNDS
TIONS TO TRANSPORTATION RESEARCH PRO- or SEC. 60601. NO OVERBUILDING CAUSED BY DU-
GRAMS.— (iii) extenuating circumstances require an PLICATION WITH UNIVERSAL SERV-
(1) IN GENERAL.—Except as provided in extension of time to allow the project to be ICE SUPPORT OR OTHER FEDERAL
BROADBAND FUNDS.
paragraph (2), obligation limitations im- completed;
posed by subsection (a) shall apply to con- The Assistant Secretary of Commerce for
(C) for any project that involves laying
tract authority for transportation research Communications and Information may not
fiber optic cables or conduit underground or
programs carried out under chapter 5 of title award amounts under this division or an
along a roadway, shall include interspersed
23, United States Code. amendment made by this division if the Fed-
conduit access points at regular and short
(2) EXCEPTION.—Obligation authority made eral Communications Commission deter-
intervals;
available under paragraph (1) shall— mines that the award would likely lead to
(D) may use the subgrant to deploy
(A) remain available for a period of 4 fiscal overbuilding by a recipient of—
broadband infrastructure in or through any
years; and (1) universal service support; or
area required to reach interconnection
(B) be in addition to the amount of any (2) amounts provided under another Fed-
points or otherwise to ensure the technical
limitation imposed on obligations for Fed- eral program for the provision of broadband
feasibility and financial sustainability of a
eral-aid highway and highway safety con- internet access service.
project providing broadband service to an
struction programs for future fiscal years. unserved location, underserved location, or SA 2564. Mr. CARPER (for himself,
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED eligible community anchor institution;
Mr. INHOFE, Mr. WICKER, and Ms.
FUNDS.— (E) once the network has been deployed,
(1) IN GENERAL.—Not later than 30 days shall provide public notice, online and DUCKWORTH) proposed an amendment
after the date of distribution of obligation through other means, of that fact to the lo- to amendment SA 2137 proposed by Mr.
authority under subsection (b) for each fiscal cations and areas to which broadband service SCHUMER (for Ms. SINEMA (for herself,
year, the Secretary shall distribute to the has been provided and share the public no- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
States any funds (excluding funds authorized tice with the eligible entity that awarded SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
for the program under section 202 of title 23, the subgrant; TESTER, Ms. MURKOWSKI, Mr. WARNER,
United States Code) that— (F) shall carry out public awareness cam- and Mr. ROMNEY)) to the bill H.R. 3684,
(A) are authorized to be appropriated for paigns in service areas that are designed to
to authorize funds for Federal-aid high-
the fiscal year for Federal-aid highway pro- highlight the value and benefits of
grams; and broadband service in order to increase the ways, highway safety programs, and
(B) the Secretary determines will not be adoption of broadband service by consumers; transit programs, and for other pur-
allocated to the States (or will not be appor- and poses; as follows:
tioned to the States under section 204 of title (G) if the entity is no longer able to pro- On page 2486, line 14, strike ‘‘Provided’’ and
23, United States Code), and will not be vide broadband service to the locations cov- all that follows through ‘‘proviso:’’ on line 21
available for obligation, for the fiscal year ered by the subgrant at any time, shall sell and insert the following: ‘‘Provided further,
because of the imposition of any obligation the network capacity at a reasonable, whole- That of the amount provided under this
ctelli on DSK11ZRN23PROD with SENATE
limitation for the fiscal year. sale rate on a nondiscriminatory basis to heading in this Act, $2,500,000,000 shall be for
(2) RATIO.—Funds shall be distributed other broadband service providers or public construction, replacement, rehabilitation,
under paragraph (1) in the same proportion sector entities. and expansion of inland waterways projects:
as the distribution of obligation authority (5) Provided further, That section 102(a) of the
under subsection (b)(5). Water Resources Development Act of 1986
(3) AVAILABILITY.—Funds distributed to SA 2562. Mr. LEE submitted an (Public Law 99–662; 33 U.S.C. 2212(a)) and sec-
each State under paragraph (1) shall be amendment intended to be proposed to tion 109 of the Water Resources Development
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S5882 CONGRESSIONAL RECORD — SENATE August 4, 2021
Act of 2020 (Public Law 116–260; 134 Stat. 2624) and Mr. ROMNEY)) to the bill H.R. 3684, SA 2569. Mr. HOEVEN (for himself
shall not apply to the extent that such to authorize funds for Federal-aid high- and Mr. PETERS) submitted an amend-
projects are carried out using funds provided ways, highway safety programs, and ment intended to be proposed to
in the preceding proviso: Provided further,
transit programs, and for other pur- amendment SA 2137 proposed by Mr.
That in using such funds referred to in the
preceding proviso, the Secretary shall give poses; which was ordered to lie on the SCHUMER (for Ms. SINEMA (for herself,
priority to projects included in the Capital table; as follows: Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
Investment Strategy of the Corps of Engi- In section 24214, strike subsection (c) and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
neers:’’. insert the following: TESTER, Ms. MURKOWSKI, Mr. WARNER,
On page 2487, lines 9 through 11, strike ‘‘or (c) RULEMAKING.— and Mr. ROMNEY)) to the bill H.R. 3684,
section 1135 of the Water Resources Develop- (1) REQUIREMENT.—Not later than 1 year to authorize funds for Federal-aid high-
ment Act of 1986 (Public Law 99–662; 33 U.S.C. after the date on which the Secretary issues ways, highway safety programs, and
2309a),’’ and insert ‘‘section 1135 of the Water the notice required under subsection (a), the
Resources Development Act of 1986 (Public transit programs, and for other pur-
Secretary shall issue a final rule to update
Law 99–662; 33 U.S.C. 2309a), or section 165(a) hood and bumper standards for motor vehi-
poses; which was ordered to lie on the
of division AA of the Consolidated Appro- cles (as defined in section 30102(a) of title 49, table; as follows:
priations Act, 2021 (Public Law 116–260),’’. United States Code). On page 1099, strike lines 22 through 24 and
On page 2489, line 3, insert ‘‘Provided fur- (2) DEADLINE.—The rule issued under para- insert the following:
ther, That the amounts provided in the pre- graph (1) shall become effective on Sep- activity;
ceding proviso do not limit the Secretary of tember 1 of the first calendar year beginning (C) to purchase or lease a license plate
the Army, acting through the Chief of Engi- after the date on which the Secretary issues reader; or
neers, from allotting additional funds from that rule. (D) to purchase, lease, or operate an un-
the amounts provided under this title in this manned aircraft system manufactured by an
Act for additional shore protection SA 2567. Mrs. FEINSTEIN (for her- entity domiciled in the People’s Republic of
projects:’’ after ‘‘2024:’’. China or subject to influence or control by
On page 2489, line 9, insert ‘‘Provided fur-
self, Mr. BOOKER, Mr. VAN HOLLEN, Mr.
the Government of the People’s Republic of
ther, That in selecting projects under the PADILLA, and Mr. DURBIN) submitted an China or the Communist Party of the Peo-
previous proviso, the Secretary of the Army amendment intended to be proposed to ple’s Republic of China (or a subsidiary or af-
shall prioritize projects with overriding life- amendment SA 2137 proposed by Mr. filiate of such an entity).
safety benefits: Provided further, That of the SCHUMER (for Ms. SINEMA (for herself,
funds in the proviso preceding the preceding Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SA 2570. Mr. SCHUMER (for himself
proviso, the Secretary of the Army shall, to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Mrs. GILLIBRAND) proposed an
the maximum extent practicable, prioritize TESTER, Ms. MURKOWSKI, Mr. WARNER, amendment to amendment SA 2137 pro-
projects in the work plan that directly ben- posed by Mr. SCHUMER (for Ms. SINEMA
efit economically disadvantaged commu-
and Mr. ROMNEY)) to the bill H.R. 3684,
nities, and may take into consideration to authorize funds for Federal-aid high- (for herself, Mr. PORTMAN, Mr.
prioritizing projects that benefit areas in ways, highway safety programs, and MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
which the percentage of people that live in transit programs, and for other pur- Ms. COLLINS, Mr. TESTER, Ms. MUR-
poverty or identify as belonging to a minor- poses; which was ordered to lie on the KOWSKI, Mr. WARNER, and Mr. ROMNEY))
ity group is greater than the average such table; as follows: to the bill H.R. 3684, to authorize funds
percentage in the United States, based on for Federal-aid highways, highway
On page 2186, between lines 14 and 15, insert
data from the Bureau of the Census:’’ after safety programs, and transit programs,
the following:
‘‘purpose:’’. and for other purposes; as follows:
(f) AGGREGATION PERMITTED.—Section
On page 2496, between lines 2 and 3, insert
904(b) of division N of the Consolidated Ap- At the appropriate place in division B, in-
the following:
propriations Act, 2021 (Public Law 116–260), sert the following:
GENERAL PROVISIONS—CORPS OF ENGINEERS as amended by subsection (a) of this section, SEC. llll. LIMOUSINE COMPLIANCE WITH
SEC. 300. For projects that are carried out is amended by adding at the end the fol- FEDERAL SAFETY STANDARDS.
with funds under this heading, the Secretary lowing: (a) LIMOUSINE STANDARDS.—
of the Army and the Director of the Office of ‘‘(16) AGGREGATION PERMITTED.—Not later (1) SAFETY BELT AND SEATING SYSTEM
Management and Budget shall consider other than 90 days after the date of enactment of STANDARDS FOR LIMOUSINES.—Not later than
factors in addition to the benefit-cost ratio this paragraph, the Commission shall adopt 2 years after the date of enactment of this
when determining the economic benefits of rules providing that— Act, the Secretary shall prescribe a final
projects that benefit disadvantaged commu- ‘‘(A) a unit of local government may pay a rule that—
nities. participating provider on behalf of an eligi- (A) amends Federal Motor Vehicle Safety
ble household for an internet service offer- Standard Numbers 208, 209, and 210 to require
SA 2565. Mrs. FEINSTEIN submitted ing, in lieu of the participating provider ap- to be installed in limousines on each des-
an amendment intended to be proposed plying a monthly discount to the amount ignated seating position, including on side-
to amendment SA 2137 proposed by Mr. charged to the eligible household; and facing seats—
SCHUMER (for Ms. SINEMA (for herself, ‘‘(B) the Commission will reimburse a unit (i) an occupant restraint system consisting
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- of local government for amounts paid to a of integrated lap-shoulder belts; or
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. participating provider as described in sub- (ii) an occupant restraint system con-
paragraph (A) in the same manner as the sisting of a lap belt, if an occupant restraint
TESTER, Ms. MURKOWSKI, Mr. WARNER, Commission would have reimbursed the par- system described in clause (i) does not meet
and Mr. ROMNEY)) to the bill H.R. 3684, ticipating provider for applying a monthly the need for motor vehicle safety; and
to authorize funds for Federal-aid high- discount to the amount charged to the eligi- (B) amends Federal Motor Vehicle Safety
ways, highway safety programs, and ble household, subject to the applicable max- Standard Number 207 to require limousines
transit programs, and for other pur- imum amount of the affordable connectivity to meet standards for seats (including side-
poses; which was ordered to lie on the benefit under paragraph (7).’’. facing seats), seat attachment assemblies,
table; as follows: and seat installation to minimize the possi-
On page 1051, strike line 21 and insert the SA 2568. Mr. MORAN (for himself and bility of failure by forces acting on the seats,
following: Mr. LUJÁN) submitted an amendment attachment assemblies, and installations as
(c) EFFECTIVE DATE.—The rule required intended to be proposed to amendment a result of motor vehicle impact.
under subsection (b) shall become effective SA 2137 proposed by Mr. SCHUMER (for (2) REPORT ON RETROFIT ASSESSMENT FOR
on September 1 of the first calendar year be- LIMOUSINES.—Not later than 2 years after the
Ms. SINEMA (for herself, Mr. PORTMAN, date of enactment of this Act, the Secretary
ginning after the date on which the Sec- Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
retary issues that rule. shall submit to the Committee on Com-
HEEN, Ms. COLLINS, Mr. TESTER, Ms. merce, Science, and Transportation of the
(d) PERIODIC REVIEW.—Nothing in this sec-
tion pre- MURKOWSKI, Mr. WARNER, and Mr. ROM- Senate and the Committee on Energy and
NEY)) to the bill H.R. 3684, to authorize Commerce of the House of Representatives a
SA 2566. Mrs. FEINSTEIN submitted funds for Federal-aid highways, high- report that assesses the feasibility, benefits,
ctelli on DSK11ZRN23PROD with SENATE
an amendment intended to be proposed way safety programs, and transit pro- and costs with respect to the application of
to amendment SA 2137 proposed by Mr. grams, and for other purposes; which any requirement established under para-
graph (1) to a limousine introduced into
SCHUMER (for Ms. SINEMA (for herself, was ordered to lie on the table; as fol- interstate commerce before the date on
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- lows: which the requirement takes effect.
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. On page 519, line 11, insert ‘‘and rural com- (b) MODIFICATIONS OF CERTAIN VEHICLES.—
TESTER, Ms. MURKOWSKI, Mr. WARNER, muters’’ after ‘‘commuters’’. The final rule prescribed under subsection
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August 4, 2021 CONGRESSIONAL RECORD — SENATE S5883
(a)(1) and any standards prescribed under 390b) to provide to agricultural research fa- ‘‘(III) the title to which is held by a de-
subsection (b) or (c) of section 23015 shall cilities the Federal share of the costs of the pendent Indian community.
apply to a person modifying a passenger construction, alteration, acquisition, mod- ‘‘(C) RIGHT-OF-WAY.—The term ‘right-of-
motor vehicle (as defined in section 32101 of ernization, renovation, or remodeling of— way’ means any real property, or interest
title 49, United States Code) that has already (A) the agricultural research facilities; or therein, acquired, dedicated, or reserved for
been purchased by the first purchaser (as de- (B) the equipment of the agricultural re- the construction, operation, and mainte-
fined in section 30102(b) of that title) by in- search facilities necessary for conducting ag- nance of a highway.
creasing the wheelbase of the vehicle to ricultural research; and ‘‘(D) UTILITY FACILITY.—
make the vehicle a limousine. (2) $1,000,000,000 to provide direct payments ‘‘(i) IN GENERAL.—The term ‘utility facil-
(c) APPLICATION.—The requirements of this to research facilities of the Agricultural Re- ity’ means any privately, publicly, or coop-
section apply notwithstanding section search Service for the purpose of addressing eratively owned line, facility, or system for
30112(b)(1) of title 49, United States Code. deferred maintenance, with priority given to producing, transmitting, or distributing
the most critical structures, in accordance communications, power, electricity, light,
SA 2571. Mr. BLUMENTHAL (for with the Agricultural Research Service Cap- heat, gas, water, steam, waste, storm water
himself and Mr. HOEVEN) submitted an ital Investment Strategy dated April 23, 2012. not connected with highway drainage, or any
amendment intended to be proposed to (c) SECRETARIAL WAIVER.—Notwith- other similar commodity, including any fire
standing section 3(c)(2)(A) of the Research or police signal system or street lighting
amendment SA 2137 proposed by Mr. Facilities Act (7 U.S.C. 390a(c)(2)(A), in car-
SCHUMER (for Ms. SINEMA (for herself, system, that directly or indirectly serves the
rying out subsection (b)(1), the Secretary, on public.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- a case-by-case basis, as the Secretary deter- ‘‘(ii) INCLUSIONS.—The term ‘utility facil-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. mines to be appropriate, may provide that ity’ includes—
TESTER, Ms. MURKOWSKI, Mr. WARNER, the Federal share of the costs described in ‘‘(I) a renewable energy generation facil-
and Mr. ROMNEY)) to the bill H.R. 3684, that subsection is up to 100 percent of those
ity;
to authorize funds for Federal-aid high- costs.
(d) EQUITABLE DISTRIBUTION.— ‘‘(II) electrical transmission and distribu-
ways, highway safety programs, and (1) IN GENERAL.—In awarding grants under tion infrastructure; and
transit programs, and for other pur- the program described in paragraph (1) of ‘‘(III) broadband infrastructure and con-
poses; which was ordered to lie on the subsection (b) using amounts made available duit.
table; as follows: by that subsection, the Secretary, to the ‘‘(2) ACCOMMODATION.—In determining’’;
maximum extent practicable, shall ensure— and
On page 1099, beginning on line 22, strike (C) by adding at the end the following:
‘‘or’’ and all that follows through line 24, and (A) an equitable geographic distribution of
funds; ‘‘(3) STATE APPROVAL.—A State, on behalf
insert the following: of the Secretary, may approve accommo-
(C) to purchase or lease a license plate (B) an equitable distribution of funds to di-
verse institutions; and dating a utility facility described in para-
reader; or graph (1)(D)(ii) within a right-of-way on a
(D) to purchase, lease, or operate an un- (C) an equitable distribution of funds to ag-
ricultural research facilities of various sizes. Federal-aid highway.
manned aircraft system (as defined in sec- ‘‘(4) EXCLUSION.—Paragraph (3) shall not
tion 44801 of title 49, United States Code) (2) REQUIREMENT.—Of the amounts made
available by subsection (b) to carry out para- apply to a utility facility on Federal land or
manufactured by— Indian land.
(i) an entity domiciled in the People’s Re- graph (1) of that subsection, not more than
20 percent may be provided for projects in ‘‘(5) SAVINGS PROVISION.—Nothing in this
public of China; or subsection alters or affects any prohibition
(ii) an entity, or a subsidiary or affiliate of any 1 State each fiscal year.
relating to commercial activity under sec-
an entity, that is subject to influence or con-
SA 2573. Mr. OSSOFF submitted an tion 111(a).’’;
trol by— (3) in subsection (o)—
(I) the Government of the People’s Repub- amendment intended to be proposed to
amendment SA 2137 proposed by Mr. On page 202, line 23, strike ‘‘(3)’’ and insert
lic of China; or
SCHUMER (for Ms. SINEMA (for herself, ‘‘(4)’’.
(II) the Chinese Communist Party.
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- On page 203, strike line 17 and insert the
SA 2572. Ms. HIRONO (for herself and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
following:
the project is located on a Federal-aid high-
Ms. KLOBUCHAR) submitted an amend- TESTER, Ms. MURKOWSKI, Mr. WARNER, way.
ment intended to be proposed to and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(t) VEGETATION MANAGEMENT.—States are
amendment SA 2137 proposed by Mr. to authorize funds for Federal-aid high- encouraged to implement, or to enter into
SCHUMER (for Ms. SINEMA (for herself, ways, highway safety programs, and partnerships to implement, vegetation man-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- transit programs, and for other pur- agement practices, such as increased mowing
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. poses; which was ordered to lie on the heights and planting native grasses and pol-
TESTER, Ms. MURKOWSKI, Mr. WARNER, table; as follows: linator-friendly habitats, along a right-of-
and Mr. ROMNEY)) to the bill H.R. 3684, On page 202, strike line 5 and insert the fol- way on a Federal-aid highway, if the imple-
to authorize funds for Federal-aid high- lowing: mentation of those practices—
(2) in subsection (l)— ‘‘(1) is in the public interest; and
ways, highway safety programs, and ‘‘(2) will not impair the highway or inter-
(A) by striking paragraph (2);
transit programs, and for other pur- fere with the free and safe flow of traffic.’’.
(B) by striking the subsection designation
poses; which was ordered to lie on the and all that follows through ‘‘In deter-
table; as follows: mining’’ in paragraph (1) in the matter pre- f
At the end of division G, add the following: ceding subparagraph (A) and inserting the
TITLE XII—AGRICULTURAL RESEARCH following:
FACILITIES INFRASTRUCTURE ‘‘(l) ACCOMMODATING UTILITY FACILITIES IN AUTHORITY FOR COMMITTEES TO
SEC. 71201. FUNDING FOR AGRICULTURAL RE-
THE RIGHT-OF-WAY.— MEET
SEARCH FACILITIES AND RESEARCH ‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) FEDERAL LAND.—The term ‘Federal
Mr. PETERS. Mr. President, I have 6
FACILITIES OF THE AGRICULTURAL
RESEARCH SERVICE. land’ means any land or interest in land requests for committees to meet during
(a) DEFINITIONS.—In this section: owned by the United States. today’s session of the Senate. They
(1) AGRICULTURAL RESEARCH FACILITY.—The ‘‘(B) INDIAN LAND.—The term ‘Indian land’ have the approval of the Majority and
term ‘‘agricultural research facility’’ has the means— Minority leaders.
meaning given the term in section 2 of the ‘‘(i) land located within the boundaries of— Pursuant to rule XXVI, paragraph
Research Facilities Act (7 U.S.C. 390). ‘‘(I) an Indian reservation, pueblo, or 5(a), of the Standing Rules of the Sen-
(2) SECRETARY.—The term ‘‘Secretary’’ rancheria; or
ate, the following committees are au-
means the Secretary of Agriculture. ‘‘(II) a former reservation within Okla-
(b) APPROPRIATION.—In addition to homa; and thorized to meet during today’s session
amounts otherwise available, there is appro- ‘‘(ii) land not located within the bound- of the Senate:
priated to the Secretary for the period of fis- aries of an Indian reservation, pueblo, or COMMITTEE ON COMMERCE, SCIENCE, AND
cal years 2022 through 2026, out of any money rancheria— TRANSPORTATION
ctelli on DSK11ZRN23PROD with SENATE
in the Treasury not otherwise appropriated, ‘‘(I) the title to which is held in trust by The Committee on Commerce,
$12,500,000,000, to remain available until ex- the United States for the benefit of an Indian
Science, and Transportation is author-
pended, to carry out this section, of which Tribe or an individual Indian;
the Secretary shall use— ‘‘(II) the title to which is held by an Indian ized to meet during the session of the
(1) $11,500,000,000 to carry out the competi- Tribe or an individual Indian, subject to re- Senate on Wednesday, August 4, 2021,
tive grant program established under section striction against alienation under laws of at 10 a.m., to conduct a hearing on
4 of the Research Facilities Act (7 U.S.C. the United States; or nominations.
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