E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, FRIDAY, DECEMBER 18, 2020 No. 215 House of Representatives The House met at 10 a.m. and was the call. They have been a source of en- For the record, Joe Biden and called to order by the Speaker. couragement, hope, and help to our Na- KAMALA HARRIS won by more than 7 f tion’s greatest generation, a lifeline million votes. They received 81 million amidst a challenging time. votes, 51.3 percent of the total cast. On MORNING-HOUR DEBATE On behalf of myself and the caring Monday, President-elect Biden won 306 The SPEAKER. Pursuant to the families of Missouri’s Fourth District, electoral college votes, two more than order of the House of January 7, 2020, thank you. We appreciate you, and we President Trump in 2016. the Chair will now recognize Members pray God blesses you in a very special There is no question that Joe Biden from lists submitted by the majority way during this special season and and KAMALA HARRIS won the election and minority leaders for morning-hour throughout the year. resoundingly. Those who believe other- debate. f wise first alleged massive fraud, then The Chair will alternate recognition claimed election procedures were un- WHAT MESSAGE ARE WE between the parties, with time equally fair. But when granted the opportunity SENDING? allocated between the parties and each in courts of law to present evidence of Member other than the majority and The SPEAKER pro tempore (Mr. fraud, they couldn’t do it. minority leaders and the minority TAKANO). The Chair recognizes the gen- There simply is no proof of fraud at whip limited to 5 minutes, but in no tleman from Massachusetts (Mr. any significant scale. The attacks event shall debate continue beyond MCGOVERN) for 5 minutes. against voting by mail, signature 11:50 a.m. Mr. MCGOVERN. Mr. Speaker, as the matching, and the like, notably selec- f co-chair of the Tom Lantos Human tive to begin with, had mostly already Rights Commission, as chairman of the been litigated. TRIBUTE TO FRONTLINE WORKERS Congressional-Executive Commission Mr. Speaker, it is critically impor- DURING CORONAVIRUS on China, as someone who cares deeply tant that Americans trust our elec- The SPEAKER. The Chair recognizes about human rights and democratic tions. That is why credible claims of the gentlewoman from Missouri (Mrs. principles, and as a proud Member of fraud or irregularities must be inves- HARTZLER) for 5 minutes. this House, I rise to express my deep tigated and corrective action taken. Mrs. HARTZLER. Madam Speaker, I concern about the damage being done That has happened. rise today to honor the long-term care to America’s moral authority by those There have been multiple recounts. and nursing home workers of Mis- who refuse to accept the legitimate Three in Georgia alone. Those seeking souri’s Fourth District, who have wit- outcome of November’s election and to overturn the election results have nessed the devastating effects of the who continue to deliberately spread lost 59 times in courts across seven coronavirus pandemic on a daily basis. lies and manufacture conspiracy theo- States and twice before this Supreme These frontline healthcare workers ries that have no basis of fact in an at- Court. cope with the deaths and illnesses tempt to overturn the will of the At least 86 judges, many appointed brought on by this virus and are wit- American people. by Republicans, have rejected at least nesses to the heartbreaking losses fam- As Americans, we see ourselves as a one post-election lawsuit. All three Su- ily members experience whose loved beacon to the world, as that shining preme Court Justices nominated by ones pass away without benefit of that city upon the hill. We believe our polit- President Trump ruled against him. final embrace before saying good-bye. ical experiment, to create a country Mr. Speaker, the fact is that the No- For these noble and selfless individ- united by ideals, rather than blood and vember elections were free and fair. uals, the impact of COVID–19 isn’t re- soil, is unique and exceptional. The Cybersecurity and Infrastructure stricted to emotional wounds opened We promote democracy as a pillar of Security Agency said that the election through witnessing the suffering of our foreign policy, confident in our ‘‘was the most secure in American his- others, but by the personal physical own example. We say we are a nation of tory’’ and ‘‘there is no evidence that health risks posed by being on the laws, not men. any voting system deleted or lost front lines to conduct their day-to-day Yet, since November 3, a widespread votes, changed votes, or was in any activities. effort to overturn the results of the way compromised.’’ These frontline workers in our nurs- presidential election have been openly Attorney General Barr, of all people, ing homes and long-term care facilities endorsed by some high-ranking leaders said that the Justice Department has are heroes who have chosen to possibly and facilitated by the silence of many uncovered no voting fraud ‘‘on a scale put themselves in peril by answering more. that could have affected a different

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.000 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7262 CONGRESSIONAL RECORD — HOUSE December 18, 2020 outcome in the election.’’ I am using ter what time of year it is, but it is I could count on Maia day and night his words. around the holidays their sacrifice is to get the job done. Maia brought an The election is over, yet President magnified. unmatched level of commitment to Trump still refuses to concede and his I would like to encourage everyone to every issue, every challenge, every sin- allies continue to look for ways to reach out to their local Red Cross gle fight, every constituent case, no throw out the votes of millions of chapters to find out how to send a card, matter how big or small. Americans. how to volunteer or get involved how- Throughout our time together, Maia Mr. Speaker, this is crazy. It is un- ever they see fit to spread some holi- has provided strategic advice and democratic and un-American, and it day cheer to our heroes. Even a small clear-eyed leadership on national secu- degrades democracy in every corner of gesture can brighten the holiday sea- rity and defense, transportation and in- the world. If this were happening in an- son for those that are deployed; a re- frastructure. other country, our government would minder that they are remembered, that Maia served as my key liaison to the rightfully demand that the results of they are appreciated every day, espe- Congressional Black Caucus and Demo- free and fair elections be respected. cially during this holiday season. cratic leadership on core issues to me Mr. Speaker, some may criticize my So take a moment out of your day and the people of Maryland. Her deep remarks today because I objected to today to let a soldier know just how understanding of the issues, candid ad- certifying the electoral college results much you appreciate them. vice, insightful opinions, and pas- in 2017. So let me be clear. I do not op- f sionate drive for serving others has pose using established constitutional RESTAURANTS NEED A LIFELINE helped me deliver for my State, my procedures. I object when those proce- constituents, our servicemembers, and The SPEAKER pro tempore. The dures are not used to further the truth Chair recognizes the gentleman from our country. or to undermine it. Maia served as a mentor for my New York (Mr. TONKO) for 5 minutes. In 2017, eight U.S. intelligence agen- Mr. TONKO. Mr. Speaker, millions of team, both in my district office and on cies—eight—said that Russia had en- America’s restaurants are on the edge Capitol Hill. She led my staff to always gaged in an unprecedented attempt to of financial collapse. If we do not get put the needs of our constituents first interfere in our elections in favor of them a lifeline now, we will lose these and work hard to enact real change. Donald Trump. I sought the kind of as- pillars of community and economic vi- I look forward to seeing the great surance about the security of the 2016 tality that have long stood throughout work that Maia will do as she takes on election that has already been provided our Nation. And we will pay an even new challenges and, no doubt, excels. for 2020. It was not forthcoming. steeper price as millions more Ameri- Maia, thank you very much for your Mr. Speaker, America’s institutions cans lose their jobs and families are years of service. You have made a dif- will survive the test of the last few left stranded with nowhere to turn. ference in the lives of many, and I weeks. Due to the quiet courage and More than 110,000 of America’s res- know you will continue to do so in the commitment of thousands of volunteer taurants have already closed during years ahead. election workers, local and State elec- this very difficult pandemic. Res- f tion officials—some facing threats and taurateurs have adapted, have re- intimidation—and the integrity of our invented, have dug deep to hold on this b 1015 courts, the clear choice of the people long. But more than one-third say they SUPPORTING THE JOHN LEWIS will be respected. But I worry that we won’t survive the next 6 months with- TOD LOOP are becoming what we condemn else- out Federal help. In my home State of where. The SPEAKER pro tempore. The New York, that figure is closer to more Chair recognizes the gentleman from Democracy is not guaranteed. Each than one-half. Georgia (Mr. HALL) for 5 minutes. of us has to choose democracy every We can and we must act to save these Mr. HALL. Mr. Speaker, I rise today day in the way we conduct our politics. cherished Main Street establishments to draw the Chamber’s attention to Either we choose to enforce democratic before it is too late. The House already legislation I introduced yesterday. I rules of the game or we don’t. Either passed a bipartisan bill that gets the was honored to introduce legislation we choose to accept the losses along- job done. With more than 200 bipar- which would initiate the process to side the wins or we don’t. Either we tisan cosponsors, H.R. 7197, the RES- bring innovative mass transit options choose to tell the truth or we don’t. TAURANTS Act, would create a $120 to the south side. Mr. Speaker, today I urge my col- billion revitalization fund that would It was an important first step to leagues to proceed with caution. If our rescue America’s independent res- bringing the economic power of tran- politics belie our values, we will be lost taurants. at home and ignored abroad. Mr. Speaker, I urge my colleagues in sit-oriented development to often ne- I believe we are an exceptional coun- the Senate to join us in this bipartisan glected areas within the metro Atlanta try. Let’s act like it. effort and pass the RESTAURANTS region without displacement of long- f Act. Our Main Street businesses have time residents, the John Lewis TOD Loop. The report will be required to be HOLIDAYS FOR HEROES always delivered for us. Let us make sure that we deliver for them now, produced to the Congress within 1 year. The SPEAKER pro tempore. The when they need it so desperately. In addition to the study, this legisla- Chair recognizes the gentleman from tion launches the first transformative f Pennsylvania (Mr. THOMPSON) for 5 transit project. This project will spark minutes. RECOGNIZING THE EXEMPLARY improvement and bring economic jus- Mr. THOMPSON of Pennsylvania. SERVICE OF MAIA HUNT ESTES tice to established neighborhoods and Mr. Speaker, I rise today to remind us The SPEAKER pro tempore. The businesses in the areas where Rep- all of the great American Red Cross Chair recognizes the gentleman from resentative John Lewis lived for dec- program, Holidays for Heroes, an op- Maryland (Mr. BROWN) for 5 minutes. ades. portunity to thank and support our Mr. BROWN of Maryland. Mr. Speak- Innovative mass transit options in military, veterans, and their families er, I want to recognize the exemplary the corridor will link Oakland City and throughout this holiday season. service of my now former chief of staff, Fort McPherson to Greenbriar Mall We all look forward to gathering Maia Hunt Estes. and a future senior citizen-focused with family and friends and loved ones Maia has been an indispensable ad- transit and mixed-use center named in this time of year. For our servicemem- viser and confidante to me for more honor of Representative John Lewis. bers, that is a luxury that all too often than a decade, including my first days Such forward progress will improve is not able to happen. in Congress and during my tenure as the lives of residents while reducing These men and women spend many Maryland’s Lieutenant Governor. It is our CO2 emissions, helping to heal a months at a time—at times over a year fair to say that I wouldn’t be here warming planet. and, in their service, years—away from today without her extraordinary coun- This project is yet another step to- their families. That is difficult no mat- sel. ward revitalizing parts of Atlanta yet

VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.002 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7263 to realize their full potential. Once the lives of others. She lived a full life. She ANNOUNCEMENT BY THE SPEAKER overall program is established, it has was a gardener, an enthusiastic cook, PRO TEMPORE the potential to spur $5 billion in eco- and a proud member of Delta Sigma nomic development across thousands of Theta Sorority, Incorporated. The SPEAKER pro tempore. The acres in low- to middle-income commu- She is survived by her children, Val- Chair will entertain up to five requests nities. erie and Renard. for 1-minute speeches on each side of Mr. Speaker, I urge Congress to pass I know I speak for the Fifth District the aisle. this legislation, launch this study, and of Georgia when I say she will be dear- f bring this transit corridor one step ly missed. closer to reality. May the memories of all these de- HONORING ROSE OCHI CELEBRATING THE LIVES OF FOUR GREAT parted souls be a blessing. (Mr. TAKANO asked and was given GEORGIANS f permission to address the House for 1 Mr. HALL. Mr. Speaker, I rise to cel- minute and to revise and extend his re- ebrate the lives of four great Georgians RECESS marks.) important to Georgia’s Fifth Congres- The SPEAKER pro tempore. Pursu- Mr. TAKANO. Madam Speaker, I rise sional District and to greater metro ant to clause 12(a) of rule I, the Chair today to honor the life of a dear men- Atlanta who have recently passed declares the House in recess until noon tor, an honorable public servant, and a away. today. stalwart leader in the Japanese-Amer- Mrs. Celestine Bray Bottoms was a Accordingly (at 10 o’clock and 20 ican community, Rose Ochi. pillar of the greater Atlanta commu- minutes a.m.), the House stood in re- Rose was one of my mentors when I nity. As a longtime educator with the cess. was in my twenties and thirties. Her Atlanta Public Schools system, Mrs. guidance and her wisdom helped me Bottoms touched the lives of thousands f during those formative years. I know of students, parents, and fellow edu- that I was not the only person whose b 1200 cators throughout Atlanta. life she touched. She blazed a trail for Celestine Bray Bottoms was a grad- AFTER RECESS many others in our community besides uate of Atlanta’s illustrious HBCU me. Spelman College, was the mother of The recess having expired, the House was called to order by the Speaker pro Rose was a justice seeker and served Derrick and Darian Bottoms, the as an Associate Attorney General of tempore (Mrs. DEMINGS) at noon. mother-in-law to Atlanta Mayor the United States under President Keisha Lance Bottoms, a beloved f Clinton, as the criminal justice plan- grandmother, a community activist, ning director for Mayor Tom Bradley, PRAYER and a friend to many. and as a fighter for redress for the Jap- Today, District Five honors the life The Chaplain, the Reverend Patrick anese-American community who suf- of Mrs. Celestine Bray Bottoms. J. Conroy, offered the following prayer: fered through internment. Her work Mr. Speaker, Joseph Arrington, Sr., Lord of all creation, thank You for contributed to making America a more was a third-generation native of At- giving us another day. perfect Union. lanta, a graduate of the historic Book- The coronavirus continues to threat- Madam Speaker, we will miss Rose’s er T. Washington High School, and a en the lives and health of our American towering presence and grace, but her graduate of Atlanta’s Morehouse Col- people, and jeopardize the health and legacy will live on. lege. well-being of healthcare providers Attorney Arrington obtained his law every day. The healthcare community f degree from North Carolina Central rushes to vaccinate, and scientists DON’T MESS WITH TEXAS–22 University and a master’s degree in strive still to provide solutions to this VOLLEYBALL TEAMS public health from the University of plague. Bless us all, O Lord, have Pittsburgh. mercy. (Mr. OLSON asked and was given per- A member of Kappa Alpha Psi frater- Continue to strengthen the resolve of mission to address the House for 1 nity and president of Morehouse Col- legislators here in the Capitol in their minute and to revise and extend his re- lege National Alumni Association, Jo- efforts to provide an economic relief marks.) seph Arrington, Sr., will forever be re- bill and funding the government into Mr. OLSON. Madam Speaker, I rise membered as a man of honor. the next administration. May their today to do something Texans love to Mr. Speaker, Dr. Jane Smith was a better angels prevail over the political do: to brag about my home State. I am beloved third-generation Atlantan. She tensions that have been so powerful going to brag about two Texas-22 attended Charles Harper High School during this difficult year. volleyball teams that made the Texas in Atlanta, Georgia, where she held the May all that is done be for Your finals this past weekend. distinction as the school’s very first greater honor and glory. The Fulshear Chargers have played 4 homecoming queen. Amen. short years of high school volleyball. It Dr. Smith’s commitment to bettering took them only 3 years to win the the lives of fellow Atlantans was un- f State title in class 4–A. That was last year. This year, they moved up to class matched. THE JOURNAL Dr. Jane Smith and the Smith and 5–A. A downgrade? No. They went to Browning families are some of the The SPEAKER pro tempore. Pursu- the 5–A State finals, losing to original native families that have ant to section 4(a) of House Resolution undefeated Lovejoy. strengthened and elevated Black com- 967, the Journal of the last day’s pro- In 6–A, the Seven Lakes Spartans munities in greater metro Atlanta and ceedings is approved. were amazing. Despite having half the beyond. f team down with COVID and not being An unmatched beauty on the inside able to practice for 21⁄2 weeks, they won and out, Dr. Smith will never be for- PLEDGE OF ALLEGIANCE the 6–A championship, the first team gotten. The SPEAKER pro tempore. Will the ever in the 101-year history of the Katy Mr. Speaker, last and certainly not gentleman from Texas (Mr. OLSON) Independent School District to win the least, we remember Dilcie Sledge come forward and lead the House in the State title. Ragsdale, who passed away 1 week ago Pledge of Allegiance. Madam Speaker, 1 million neighbors today. Mr. OLSON led the Pledge of Alle- in Texas-22 and Santa Clause congratu- Ms. Dilcie hailed from Chattanooga, giance as follows: late and are darn proud of our Spartans Tennessee, and was a graduate of I pledge allegiance to the Flag of the and our Chargers. They have proved Spelman and Atlanta University. United States of America, and to the Repub- once and for all: Don’t mess with As a lifelong educator, she dedicated lic for which it stands, one nation under God, Texas-22 volleyball teams. her life to teaching and enriching the indivisible, with liberty and justice for all. Ho, ho, ho.

VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.004 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7264 CONGRESSIONAL RECORD — HOUSE December 18, 2020 HONORING THE LIFE OF TAYLOR retirement, and I am thankful for his Lexington, Rockbridge, and Buena DEROSA many years of dedication to improving Vista this year. (Mr. LEVIN of Michigan asked and higher education in Georgia’s First Having worked side by side with this was given permission to address the Congressional District. incredible group many times, along House for 1 minute and to revise and f with my family, I can tell you it is the extend his remarks.) overwhelming community effort that SUPPORTING EVICTION RELIEF IN makes it such a success—plus the Mr. LEVIN of Michigan. Madam COVID PACKAGE Speaker, I rise to honor the memory of doughnut holes they serve. my young constituent, Taylor DeRosa. (Ms. SCANLON asked and was given Folks coming together from all Taylor made her mark as a student permission to address the House for 1 walks of life to help their neighbors in activist at Royal Oak High School. She minute and to revise and extend her re- need truly embodies the spirit of the was beginning her college career at marks.) holiday season, and I thank the Grand Valley State University when Ms. SCANLON. Madam Speaker, I Rockbridge Christmas Baskets pro- her life was taken so tragically several rise in support today of eviction relief, gram for their continued efforts to days ago. which we expect to see included in the bring cheer to so many in our area. I met Taylor when I was running for COVID package we vote on soon. f Congress in 2018 and she was launching While we need to do more, this bill provides a meaningful start to address- ANNOUNCEMENT BY THE SPEAKER a Students Demand Action chapter. PRO TEMPORE Taylor immediately struck me as a ing the eviction crisis caused by the huge flash of sunshine in an unjust pandemic. In Pennsylvania alone, near- The SPEAKER pro tempore. Pursu- world. Her commitment to justice was ly one-quarter million households are ant to clause 8 of rule XX, the Chair frank and undeniable. You knew the behind on their rent and facing the real will postpone further proceedings world would change at least a little be- threat of eviction. today on motions to suspend the rules cause Taylor was present, fighting for This bill will allow, as an authorized on which the yeas and nays are or- sensible gun reform, fighting for every- administrative expense, funds to be dered. The House will resume proceedings one to see and cherish Black lives, and sent to civil legal aid organizations to on postponed questions at a later time. fighting to empower women and girls. help keep people in their homes. Under Taylor made me feel that every this crucial legislation, legal aid orga- f minute we invest in our young people nizations, including faith-based groups, SAFEGUARDING TOMORROW is time well-spent. I feel that now, even can represent tenants in eviction cases, THROUGH ONGOING RISK MITI- as we struggle to cope with her loss, improve access to utilities, and ensure GATION ACT because she inspired me and so many housing conditions meet necessary standards. Ms. NORTON. Madam Speaker, I folks young and old all around her. move to suspend the rules and pass the My heart goes out to Taylor’s de- Rental assistance alone will not help the thousands of people facing eviction; bill (S. 3418) to amend the Robert T. voted mother, Cara, and all who knew Stafford Disaster Relief and Emer- and loved her in this time of heart- families often need access to legal ad- vice to protect their rights. Legal gency Assistance Act to allow the Ad- break and mourning. ministrator of the Federal Emergency f counsel should not be a privilege saved for the wealthiest in our country. It is Management Agency to provide cap- CONGRATULATING DR. GLENN a basic necessity for navigating the dif- italization grants to States to estab- DEIBERT ficult problems facing Americans who lish revolving funds to provide hazard (Mr. CARTER of Georgia asked and are on the bottom rungs of our econ- mitigation assistance to reduce risks was given permission to address the omy. from disasters and natural hazards, and House for 1 minute and to revise and I will continue advocating for the other related environmental harm. extend his remarks.) families hardest hit by the COVID pan- The Clerk read the title of the bill. Mr. CARTER of Georgia. Madam demic, and I thank my colleagues for The text of the bill is as follows: Speaker, I rise today to congratulate their hard work on this legislation. S. 3418 Be it enacted by the Senate and House of Rep- Dr. Glenn Deibert, who will be retiring f as Coastal Pines Technical College’s resentatives of the United States of America in ROCKBRIDGE CHRISTMAS Congress assembled, president at the end of February. BASKETS SECTION 1. SHORT TITLE. Dr. Deibert has served 27 years in This Act may be cited as the ‘‘Safe- higher education and has served four of (Mr. CLINE asked and was given per- guarding Tomorrow through Ongoing Risk Georgia’s technical colleges, including mission to address the House for 1 Mitigation Act’’ or the ‘‘STORM Act’’. Okefenokee Technical College, Coastal minute and to revise and extend his re- SEC. 2. GRANTS TO ENTITIES FOR ESTABLISH- Pines Technical College, Southwest marks.) MENT OF HAZARD MITIGATION RE- Georgia Technical College, and South- Mr. CLINE. Madam Speaker, I rise VOLVING LOAN FUNDS. ern Technical College, formerly known today to recognize the Rockbridge Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 as Swainsboro Technical College. Christmas Baskets program. Originally founded as the Santa U.S.C. 5131 et seq.) is amended by adding at Because of his dedication to improv- the end the following: Clause Truck, the Rockbridge Christ- ing education and the lives of students, ‘‘SEC. 205. GRANTS TO ENTITIES FOR ESTABLISH- he was recently named one of the Top mas Baskets program has been a bless- MENT OF HAZARD MITIGATION RE- 100 Most Influential Georgians by Geor- ing to the Shenandoah Valley since VOLVING LOAN FUNDS. gia Trend’s yearly publication. This 1948. ‘‘(a) GENERAL AUTHORITY.— title recognizes some of the most pres- This tremendous, all-volunteer orga- ‘‘(1) IN GENERAL.—The Administrator may tigious folks who have contributed nization assembles and delivers thou- enter into agreements with eligible entities sands of food and toy care packages to to make capitalization grants to such enti- greatly to the State’s success. ties for the establishment of hazard mitiga- Dr. Deibert attended Central High struggling families each year. tion revolving loan funds (referred to in this School in Thomasville, Georgia, and While the coronavirus may have put section as ‘entity loan funds’) for providing graduated from Thomas Area Tech- a damper on the holiday season for funding assistance to local governments to nical School, which later became some, it was no match for the gen- carry out eligible projects under this section Southwest Georgia Technical College, erosity and spirit of the folks at the to reduce disaster risks for homeowners, so his appreciation for technical col- Rockbridge Christmas Baskets pro- businesses, nonprofit organizations, and leges is personal. gram. Moving their packing day to a communities in order to decrease— larger facility and spreading it out ‘‘(A) the loss of life and property; Dr. Deibert’s work to improve Coast- ‘‘(B) the cost of insurance; and al Pines contributed to record enroll- over packing week to ensure the health ‘‘(C) Federal disaster payments. ment at the college for multiple years. of those involved, the organization will ‘‘(2) AGREEMENTS.—Any agreement entered Madam Speaker, I wish him and his donate a record 68,000 pounds of food into under this section shall require the par- family the best of luck as he begins his and 1,300 toys to families throughout ticipating entity to—

VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.006 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7265 ‘‘(A) comply with the requirements of this pating entity would otherwise receive, the ‘‘(i) such loans are made at an interest rate section; and Administrator shall reduce the amount of of not more than 1 percent; ‘‘(B) use accounting, audit, and fiscal pro- the capitalization grant received by the enti- ‘‘(ii) annual principal and interest pay- cedures conforming to generally accepted ac- ty to the amount that is 10 times the amount ments will commence not later than 1 year counting standards. so deposited. after completion of any project and all loans ‘‘(b) APPLICATION.— ‘‘(d) APPORTIONMENT.— made under this subparagraph will be fully ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(1) IN GENERAL.—Except as otherwise pro- amortized— a capitalization grant under this section, an vided by this subsection, the Administrator ‘‘(I) not later than 20 years after the date eligible entity shall submit to the Adminis- shall apportion funds made available to on which the project is completed; or trator an application that includes the fol- carry out this section to entities that have ‘‘(II) for projects in a low-income geo- lowing: entered into an agreement under subsection graphic area, not later than 30 years after ‘‘(A) Project proposals comprised of local (a)(2) in amounts as determined by the Ad- the date on which the project is completed government hazard mitigation projects, on ministrator. and not longer than the expected design life the condition that the entity provides public ‘‘(2) RESERVATION OF FUNDS.—The Adminis- of the project; notice not less than 6 weeks prior to the sub- trator shall reserve not more than 2.5 per- ‘‘(iii) the loan recipient of a loan under mission of an application. cent of the amount made available to carry this subparagraph establishes a dedicated ‘‘(B) An assessment of recurring major dis- out this section for the Federal Emergency source of revenue for repayment of the loan; aster vulnerabilities impacting the entity Management Agency for— ‘‘(iv) the loan recipient of a loan under this that demonstrates a risk to life and prop- ‘‘(A) administrative costs incurred in car- subparagraph has a hazard mitigation plan erty. rying out this section; that has been approved by the Adminis- ‘‘(C) A description of how the hazard miti- ‘‘(B) providing technical assistance to par- trator; and gation plan of the entity has or has not ticipating entities under subsection (b)(2); ‘‘(v) the entity loan fund will be credited taken the vulnerabilities described in sub- and with all payments of principal and interest paragraph (B) into account. ‘‘(C) capitalization grants to insular areas on all loans made under this subparagraph; ‘‘(D) A description about how the projects under paragraph (4). ‘‘(B) for mitigation efforts, in addition to described in subparagraph (A) could conform mitigation planning under section 322 not to ‘‘(3) PRIORITY.—In the apportionment of with the hazard mitigation plan of the entity capitalization grants under this subsection, exceed 10 percent of the capitalization grants and of the unit of local government. the Administrator shall give priority to enti- made to the participating entity in a fiscal ‘‘(E) A proposal of the systematic and re- ty applications under subsection (b) that— year; gional approach to achieve resilience in a ‘‘(C) for the reasonable costs of admin- ‘‘(A) propose projects increasing resilience vulnerable area, including impacts to river istering the fund and conducting activities and reducing risk of harm to natural and basins, river corridors, watersheds, estuaries, under this section, except that such amounts built infrastructure; bays, coastal regions, micro-basins, micro- shall not exceed $100,000 per year, 2 percent ‘‘(B) involve a partnership between two or watersheds, ecosystems, and areas at risk of of the capitalization grants made to the par- more eligible entities to carry out a project earthquakes, tsunamis, droughts, severe ticipating entity in a fiscal year, or 1 percent or similar projects; storms, and wildfires, including the of the value of the entity loan fund, which- ‘‘(C) take into account regional impacts of wildland-urban interface. ever amount is greatest, plus the amount of hazards on river basins, river corridors, ‘‘(2) TECHNICAL ASSISTANCE.—The Adminis- any fees collected by the entity for such pur- micro-watersheds, macro-watersheds, estu- trator shall provide technical assistance to pose regardless of the source; and eligible entities for applications under this aries, lakes, bays, and coastal regions and ‘‘(D) to earn interest on the entity loan section. areas at risk of earthquakes, tsunamis, fund. droughts, severe storms, and wildfires, in- ‘‘(c) ENTITY LOAN FUND.— ‘‘(2) PROHIBITION ON DETERMINATION THAT cluding the wildland-urban interface; or ‘‘(1) ESTABLISHMENT OF FUND.—An entity LOAN IS A DUPLICATION.—In carrying out this that receives a capitalization grant under ‘‘(D) propose projects for the resilience of section, the Administrator may not deter- this section shall establish an entity loan major economic sectors or critical national mine that a loan is a duplication of assist- fund that complies with the requirements of infrastructure, including ports, global com- ance or programs under this Act. this subsection. modity supply chain assets (located within ‘‘(3) PROJECTS AND ACTIVITIES ELIGIBLE FOR ‘‘(2) FUND MANAGEMENT.—Except as pro- an entity or within the jurisdiction of local ASSISTANCE.—Except as provided in this sub- vided in paragraph (3), entity loan funds governments, insular areas, and Indian tribal section, a participating entity may use funds shall— governments), power and water production in the entity loan fund to provide financial ‘‘(A) be administered by the agency respon- and distribution centers, and bridges and wa- assistance for projects or activities that sible for emergency management; and terways essential to interstate commerce. mitigate the impacts of natural hazards in- ‘‘(B) include only— ‘‘(4) INSULAR AREAS.— cluding— ‘‘(i) funds provided by a capitalization ‘‘(A) APPORTIONMENT.—From any amount ‘‘(A) drought and prolonged episodes of in- grant under this section; remaining of funds reserved under paragraph tense heat; ‘‘(ii) repayments of loans under this sec- (2), the Administrator may enter into agree- ‘‘(B) severe storms, including hurricanes, tion to the entity loan fund; and ments to provide capitalization grants to in- tornados, wind storms, cyclones, and severe ‘‘(iii) interest earned on amounts in the en- sular areas. winter storms; tity loan fund. ‘‘(B) REQUIREMENTS.—An insular area re- ‘‘(C) wildfires; ‘‘(3) ADMINISTRATION.—A participating en- ceiving a capitalization grant under this sec- ‘‘(D) earthquakes; tity may combine the financial administra- tion shall comply with the requirements of ‘‘(E) flooding, including the construction, tion of the entity loan fund of such entity this section as applied to participating enti- repair, or replacement of a non-Federal levee with the financial administration of any ties. or other flood control structure, provided other revolving fund established by such en- ‘‘(e) ENVIRONMENTAL REVIEW OF REVOLVING that the Administrator, in consultation with tity if the Administrator determines that— LOAN FUND PROJECTS.—The Administrator the Army Corps of Engineers (if appropriate), ‘‘(A) the capitalization grant, entity share, may delegate to a participating entity all of requires an eligible entity to determine that repayments of loans, and interest earned on the responsibilities for environmental re- such levee or structure is designed, con- amounts in the entity loan fund are ac- view, decision making, and action pursuant structed, and maintained in accordance with counted for separately from other amounts to the National Environmental Policy Act of sound engineering practices and standards in the revolving fund; and 1969 (42 U.S.C. 4321 et seq.), and other appli- equivalent to the purpose for which such ‘‘(B) the authority to establish assistance cable Federal environmental laws including levee or structure is intended; priorities and carry out oversight activities the Endangered Species Act of 1973 (16 U.S.C. ‘‘(F) shoreline erosion; remains in the control of the entity agency 1531 et seq.) and the National Historic Pres- ‘‘(G) high water levels; and responsible for emergency management. ervation Act of 1966 (54 U.S.C. 300101 et seq.) ‘‘(H) storm surges. ‘‘(4) ENTITY SHARE OF FUNDS.— that would apply to the Administrator were ‘‘(4) ZONING AND LAND USE PLANNING ‘‘(A) IN GENERAL.—On or before the date on the Administrator to undertake projects CHANGES.—A participating entity may use which a participating entity receives a cap- under this section as Federal projects so long not more than 10 percent of a capitalization italization grant under this section, the enti- as the participating entity carries out such grant under this section to enable units of ty shall deposit into the entity loan fund of responsibilities in the same manner and sub- local government to implement zoning and such entity, an amount equal to not less ject to the same requirements as if the Ad- land use planning changes focused on— than 10 percent of the amount of the capital- ministrator carried out such responsibilities. ‘‘(A) the development and improvement of ization grant. ‘‘(f) USE OF FUNDS.— zoning and land use codes that incentivize ‘‘(B) REDUCED GRANT.—If, with respect to a ‘‘(1) TYPES OF ASSISTANCE.—Amounts de- and encourage low-impact development, re- capitalization grant under this section, a posited in an entity loan fund, including loan silient wildland-urban interface land man- participating entity deposits in the entity repayments and interest earned on such agement and development, natural infra- loan fund of the entity an amount that is amounts, may be used— structure, green stormwater management, less than 10 percent of the total amount of ‘‘(A) to make loans, on the condition conservation areas adjacent to floodplains, the capitalization grant that the partici- that— implementation of watershed or greenway

VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.001 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7266 CONGRESSIONAL RECORD — HOUSE December 18, 2020 master plans, and reconnection of ‘‘(iii) decreasing the number of insurance ‘‘(1) waive notice and comment rule- floodplains; claims in the entity from injuries resulting making, if the Administrator determines the ‘‘(B) the study and creation of agricultural from major disasters or other natural haz- waiver is necessary to expeditiously imple- risk compensation districts where there is a ards; and ment this section; and desire to remove or set-back levees pro- ‘‘(iv) increasing the rating under the com- ‘‘(2) provide capitalization grants under tecting highly developed agricultural land to munity rating system under section 1315(b) this section as a pilot program. mitigate for flooding, allowing agricultural of the National Flood Insurance Act of 1968 ‘‘(k) LIABILITY PROTECTIONS.—The Agency producers to receive compensation for as- (42 U.S.C. 4022(b)) for communities in the en- shall not be liable for any claim based on the suming greater flood risk that would allevi- tity; exercise or performance of, or the failure to ate flood exposure to population centers and ‘‘(C) information on the availability of, and exercise or perform, a discretionary function areas with critical national infrastructure; application process for, financial assistance or duty by the Agency, or an employee of the ‘‘(C) the study and creation of land use in- from the entity loan fund of such entity; Agency in carrying out this section. centives that reward developers for greater ‘‘(D) the criteria and methods established ‘‘(l) GAO REPORT.—Not later than 1 year reliance on low impact development for the distribution of funds; after the date on which the first entity loan stormwater best management practices, ex- ‘‘(E) the amount of financial assistance fund is established under subsection (c), the change density increases for increased open that the entity anticipates apportioning; Comptroller General of the United States space and improvement of neighborhood ‘‘(F) the expected terms of the assistance shall submit to the Committee on Homeland Security and Governmental Affairs of the catch basins to mitigate urban flooding, re- provided from the entity loan fund; and Senate and the Committee on Transpor- ward developers for including and aug- ‘‘(G) a description of the financial status of tation and Infrastructure of the House of menting natural infrastructure adjacent to the entity loan fund, including short-term Representatives a report that examines— and around building projects without reli- and long-term goals for the fund. ance on increased sprawl, and reward devel- ‘‘(1) the appropriateness of regulations and ‘‘(h) AUDITS, REPORTS, PUBLICATIONS, AND guidance issued by the Administrator for the opers for addressing wildfire ignition; and OVERSIGHT.— ‘‘(D) the study and creation of an erosion program, including any oversight of the pro- ‘‘(1) BIENNIAL ENTITY AUDIT AND REPORT.— response plan that accommodates river, gram; Beginning not later than the last day of the ‘‘(2) a description of the number of the en- lake, forest, plains, and ocean shoreline re- second fiscal year after the receipt of pay- treating or bluff stabilization due to in- tity loan funds established, the projects ments under this section, and biennially funded from such entity loan funds, and the creased flooding and disaster impacts. thereafter, any participating entity shall— STABLISHING AND CARRYING OUT BUILD- extent to which projects funded by the loan ‘‘(5) E ‘‘(A) conduct an audit of the entity loan ING CODE ENFORCEMENT.—A participating en- funds adhere to any applicable hazard miti- fund established under subsection (c); and tity may use capitalization grants under this gation plans; ‘‘(B) provide to the Administrator a report section to enable units of local government ‘‘(3) the effectiveness of the entity loan including— to establish and carry out the latest pub- funds to lower disaster related costs; and ‘‘(i) the result of any such audit; and lished editions of relevant building codes, ‘‘(4) recommendations for improving the ‘‘(ii) a review of the effectiveness of the en- specifications, and standards for the purpose administration of entity loan funds. tity loan fund of the entity with respect to of protecting the health, safety, and general ‘‘(m) DEFINITIONS.—In this section, the fol- meeting the goals and intended benefits de- welfare of the building’s users against disas- lowing definitions apply: scribed in the intended use plan submitted ters and natural hazards. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- by the entity under subsection (g). ‘‘(6) ADMINISTRATIVE AND TECHNICAL trator’ means the Administrator of the Fed- ‘‘(2) PUBLICATION.—A participating entity COSTS.—For each fiscal year, a participating eral Emergency Management Agency. entity may use the amount described in shall publish and periodically update infor- ‘‘(2) AGENCY.—The term ‘Agency’ means paragraph (1)(C) to— mation about all projects receiving funding the Federal Emergency Management Agen- ‘‘(A) pay the reasonable costs of admin- from the entity loan fund of such entity, in- cy. istering the programs under this section, in- cluding— ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible cluding the cost of establishing an entity ‘‘(A) the location of the project; entity’ means— loan fund; and ‘‘(B) the type and amount of assistance ‘‘(A) a State; or ‘‘(B) provide technical assistance to recipi- provided from the entity loan fund; ‘‘(B) an Indian tribal government that has ents of financial assistance from the entity ‘‘(C) the expected funding schedule; and received a major disaster declaration during loan fund, on the condition that such tech- ‘‘(D) the anticipated date of completion of the 5-year period ending on the date of en- nical assistance does not exceed 5 percent of the project. actment of the STORM Act. the capitalization grant made to such entity. ‘‘(3) OVERSIGHT.— ‘‘(4) HAZARD MITIGATION PLAN.—The term ‘‘(7) LIMITATION FOR SINGLE PROJECTS.—A ‘‘(A) IN GENERAL.—The Administrator ‘hazard mitigation plan’ means a mitigation participating entity may not provide an shall, at least every 4 years, conduct reviews plan submitted under section 322. amount equal to or more than $5,000,000 to a and audits as may be determined necessary ‘‘(5) INSULAR AREA.—The term ‘insular single hazard mitigation project. or appropriate by the Administrator to carry area’ means Guam, American Samoa, the ‘‘(8) REQUIREMENTS.—For fiscal year 2022 out the objectives of this section and deter- Commonwealth of the Northern Mariana Is- and each fiscal year thereafter, the require- mine the effectiveness of the fund in reduc- lands, and the United States Virgin Islands. ments of subchapter IV of chapter 31 of title ing natural hazard risk. ‘‘(6) LOW-INCOME GEOGRAPHIC AREA.—The 40, United States Code, shall apply to the ‘‘(B) GAO REQUIREMENTS.—A participating term ‘low-income geographic area’ means an construction of projects carried out in whole entity shall conduct audits under paragraph area described in paragraph (1) or (2) of sec- or in part with assistance made available by (1) in accordance with the auditing proce- tion 301(a) of the Public Works and Economic an entity loan fund authorized by this sec- dures of the Government Accountability Of- Development Act of 1965 (42 U.S.C. 3161(a)). tion. fice, including generally accepted govern- ‘‘(7) PARTICIPATING ENTITY.—The term ‘par- ‘‘(g) INTENDED USE PLANS.— ment auditing standards. ticipating entity’ means an eligible entity ‘‘(1) IN GENERAL.—After providing for pub- ‘‘(C) RECOMMENDATIONS BY ADMINIS- that has entered into an agreement under lic comment and review, and consultation TRATOR.—The Administrator may at any this section. with appropriate government agencies of the time make recommendations for or require ‘‘(8) REPETITIVE LOSS STRUCTURE.—The State or Indian tribal government, Federal specific changes to an entity loan fund in term ‘repetitive loss structure’ has the agencies, and interest groups, each partici- order to improve the effectiveness of the meaning given the term in section 1370 of the pating entity shall annually prepare and sub- fund. National Flood Insurance Act of 1968 (42 mit to the Administrator a plan identifying ‘‘(i) REGULATIONS OR GUIDANCE.—The Ad- U.S.C. 4121). the intended uses of the entity loan fund. ministrator shall issue such regulations or ‘‘(9) SEVERE REPETITIVE LOSS STRUCTURE.— ‘‘(2) CONTENTS OF PLAN.—An entity in- guidance as are necessary to— The term ‘severe repetitive loss structure’ tended use plan prepared under paragraph (1) ‘‘(1) ensure that each participating entity has the meaning given the term in section shall include— uses funds as efficiently as possible; 1366(h) of the National Flood Insurance Act ‘‘(A) the integration of entity planning ef- ‘‘(2) reduce waste, fraud, and abuse to the of 1968 (42 U.S.C. 4104c(h)). forts, including entity hazard mitigation maximum extent possible; and ‘‘(10) STATE.—The term ‘State’ means any plans and other programs and initiatives re- ‘‘(3) require any party that receives funds State of the United States, the District of lating to mitigation of major disasters car- directly or indirectly under this section, in- Columbia, and Puerto Rico. ried out by such entity; cluding a participating entity and a recipi- ‘‘(11) WILDLAND-URBAN INTERFACE.—The ‘‘(B) an explanation of the mitigation and ent of amounts from an entity loan fund, to term ‘wildland-urban interface’ has the resiliency benefits the entity intends to use procedures with respect to the manage- meaning given the term in section 101 of the achieve by— ment of the funds that conform to generally Healthy Forests Restoration Act of 2003 (16 ‘‘(i) reducing future damage and loss asso- accepted accounting standards. U.S.C. 6511). ciated with hazards; ‘‘(j) WAIVER AUTHORITY.—Until such time ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) reducing the number of severe repet- as the Administrator issues final regulations There are authorized to be appropriated itive loss structures and repetitive loss to implement this section, the Adminis- $100,000,000 for each of fiscal years 2022 structures in the entity; trator may— through 2023 to carry out this section.’’.

VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.001 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7267 The SPEAKER pro tempore. Pursu- damage and require costly recoveries, Mayor Eberlin has tirelessly fought ant to the rule, the gentlewoman from by providing new opportunities for in- for the people of Grafton and was the the District of Columbia (Ms. NORTON) vestments in pre-disaster mitigation, individual who brought this partner- and the gentleman from Illinois (Mr. this bill encourages resilience at the ship and this legislation to my atten- RODNEY DAVIS) each will control 20 community level and will contribute to tion. I have no doubt that the funds minutes. a considerable reduction in the cost of made available under this bill will en- The Chair recognizes the gentle- future recoveries. sure Grafton and its surrounding com- woman from the District of Columbia. Madam Speaker, I support S. 3418, munities are better protected during GENERAL LEAVE and urge my colleagues to do the same, the next flood season. Ms. NORTON. Madam Speaker, I ask and I reserve the balance of my time. Madam Speaker, I urge support of unanimous consent that all Members Mr. RODNEY DAVIS of Illinois. this legislation, and I reserve the bal- may have 5 legislative days within Madam Speaker, I yield myself such ance of my time. which to revise and extend their re- time as I may consume. Ms. NORTON. Madam Speaker, I marks and include extraneous material Madam Speaker, thank you to the yield 2 minutes to the gentlewoman on S. 3418. chair of the Highways and Transit Sub- from the Virgin Islands (Ms. The SPEAKER pro tempore. Is there committee, Ms. Holmes Norton, for her PLASKETT), my friend. objection to the request of the gentle- support for this bill. Ms. PLASKETT. Madam Speaker, I woman from the District of Columbia? I also really thank my good friend thank my colleagues, and while I am There was no objection. and colleague from the great State of happy to support measures to improve Ms. NORTON. Madam Speaker, I Minnesota, Congresswoman ANGIE resiliency in the Committee on Trans- yield myself such time as I may con- CRAIG, with whom I was happy and portation and Infrastructure, a com- sume. proud to be the colead of H.R. 3779, the mittee on which I serve, I am dis- Madam Speaker, I rise in support of Resilience Revolving Loan Fund Act of appointed that this bill is not inclusive S. 3418, the Safeguarding Tomorrow 2019. This is the House companion bill of U.S. territories other than Puerto through Ongoing Risk Mitigation Act, to the bill that we are now debating, S. Rico in the normal operation of this or STORM Act. 3418, the STORM Act. I thank Con- new resiliency program. This bipartisan and bicameral bill in- gresswoman CRAIG for her leadership Under the Stafford Act, the Virgin Is- troduced in the Senate by Senators on this legislation and for allowing me lands and all other U.S. territories and GARY PETERS and RON JOHNSON, and in to be the colead on this bill with her the District of Columbia are defined the House by Representatives ANGIE that ensures that much-needed support and treated as States. This legislative CRAIG, RODNEY DAVIS, and RICK is available to our rural communities. amendment to the Stafford Act should This bill will prevent catastrophes CRAWFORD, would amend the Stafford be no different. That is why the House across the country before disaster Act to provide another opening for version of this bill was amended in strikes, saving lives, livelihoods, and local governments to fund mitigation committee, so that this new program is heartache for many Americans. and resilience projects. equally inclusive of all jurisdictions Modeled after the highly successful Madam Speaker, imagine this: Com- munities that are prone to consistent that are already treated as States by Drinking Water and Clean Water State the Stafford Act. That was not what Revolving Funds managed by the Envi- disasters on an annual basis can now have a pot of money to make their was approved by the committee but ronmental Protection Agency, this bill passed by this House in H.R. 2, the would allow States and Tribal govern- community safer before disasters hit, thus, investing on the front end to save Moving Forward Act. ments to apply for capitalization Madam Speaker, the Virgin Islands grants to establish revolving funds taxpayer dollars on the back end. This bill is going to establish that revolving and the other smaller territories have that would then be used to fund a vari- been devastated by unprecedented nat- ety of infrastructure projects. loan fund to support these important disaster mitigation efforts, and in most ural disasters in recent years. All of b 1215 areas in my district, that usually these American jurisdictions have tre- The Committee on Transportation means my rural communities. mendous need for hazard mitigation and Infrastructure under both Demo- Upfront investment, as I just men- projects that reduce risks for home- cratic and Republican majorities has tioned, in mitigation has been proven owners, businesses, nonprofits, the cost examined the rising cost of disasters to reduce disaster costs and save lives, of insurance claims, and Federal relief and reforms necessary to address them. and that is why this bill is so impor- payments from extreme weather-re- Time and again, we have arrived at tant. lated disasters. the similar conclusion: Investments in While Congress has worked in the I believe it is unfair to have a pro- mitigation have a quantifiable and sig- past to increase support for mitigation, gram that first makes grants to Indian nificant return on investment in reduc- many local projects still go unfunded. Tribes, Puerto Rico, and the District of ing disaster response and recovery Unfortunately, localized disasters that Columbia to improve resiliency, and costs. hit communities like those in my dis- then tells the four remaining smaller The current sources of Federal fund- trict, while devastating, may never re- jurisdictions, defined as States already, ing available for pre-disaster mitiga- ceive a major disaster declaration. We that they get to have what amounts to tion are highly competitive and ex- have passed reforms to address this pennies maybe left over from the 2 per- tremely limited due to the backlog of issue, including my bill, the Disaster cent set aside of funding that first is worthwhile projects identified across Declaration Improvement Act, but going to be spent on administrative the Nation. more reforms are obviously needed. costs and technical assistance to give The State revolving loan funds will S. 3418 will provide these commu- the resiliency program to everyone be established by this litigation and nities more options in mitigating the else. would allow States to offer low-inter- impact of disasters that have left so Madam Speaker, as a practical mat- est loans to cities and counties for many communities without relief. And ter, of course, that will amount to projects to mitigate a wide variety of with the flexibilities built into the bill, nothing left for the people of my dis- hazards. this bill will ensure key projects will trict, American Samoa, Guam, the Since 2000, there have only been 3 be eligible for these loans. Northern Marianas, and the smaller years during which we have seen fewer I also take this opportunity to thank territories. than 100 Presidentially declared events one of my constituents for his advo- Madam Speaker, I understand and under the Stafford Act, and there is no cacy on this bill, and that is Mayor have been told that the committee is indication that the frequency or sever- Rick Eberlin of Grafton, Illinois. Graf- willing to work and try to find a tech- ity of these disasters is on the decline. ton, Illinois—the Key West to the Mis- nical fix to this both in the House and The record-setting year we just en- sissippi, I like to call it—is a prime ex- the Senate. I urge that that occurs. dured points to the contrary. ample of a community that would ben- While I support this measure, once Madam Speaker, while future disas- efit greatly from this piece of legisla- again, you cannot continue to forget ters will inevitably cause large-scale tion. the smaller territories.

VerDate Sep 11 2014 03:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.009 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7268 CONGRESSIONAL RECORD — HOUSE December 18, 2020 Mr. RODNEY DAVIS of Illinois. will be working to try to fix this, but Madam Speaker, another benefit of this bill Madam Speaker, I yield myself the bal- we don’t fix it when we allow disasters is that it opens up mitigation funds to a new ance of my time. to move forward in the part of our set of eligible folks. Currently, most FEMA Madam Speaker, I do say, first off, I country where disasters are more like- hazard mitigation programs restrict Public As- truly appreciate the words and the pas- ly to affect. They are not most likely sistance mitigation funds if projects may ac- sion from my good friend from the U.S. to take effect in places like the Dis- crue to the benefit of homeowners and busi- Virgin Islands (Ms. PLASKETT). I am trict of Columbia where we just had a nesses—which can create challenges, particu- disappointed to see that this bill came snowstorm and hardly a little bit of larly in rural areas of my Congressional Dis- back from the Senate without the pro- snow. They are far more likely to take trict with lower populations and large areas of visions that we supported on her behalf effect in Ms. PLASKETT’s district in the farmland. The revolving loan fund before us in the committee. Virgin Islands. today is specifically intended to reduce risks Madam Speaker, I, too, would like to Madam Speaker, I pledge with my for homeowners, businesses, nonprofit organi- echo to the Senate and to the House as good friend on the other side, with zations and communities. we move into the future: Let’s address whom I have worked closely in the As a matter of process, Madam Speaker, this concern. There is bipartisan sup- past, to do everything I can to make I’m pleased that our bill, like the STORM Act, port for what Ms. PLASKETT is asking sure that all of us, including all of our moved through regular order on the Com- for. territories, not only Puerto Rico, are mittee and attracted bipartisan, unanimous These are the types of bipartisan included in this bill, as the House in- support when it passed the House. Since issues that we usually try and solve in tended. March of this year when the STORM Act was the House, but, unfortunately, we got Madam Speaker, I urge my col- introduced, staff members on the Transpor- this from the Senate. We will let them leagues to support this legislation, not- tation and Infrastructure Committee and Sen- be the ones to admit they screwed this withstanding the issues that both sides ate Homeland Security and Governmental Af- up with a technical error. here in the House have with it, and I fairs Committee worked closely together to But let’s fix it. That is the key. Let’s yield back the balance of my time. iron out technical differences and present a work together to make that happen. Ms. CRAIG. Madam Speaker, I rise today in final bill that can be signed into law by the Madam Speaker, in closing, S. 3418 strong support of S. 3418, the Safeguarding President. will help support critical mitigation Tomorrow through Ongoing Risk Mitigation Act Throughout the process, we attracted and projects in local communities, includ- or the STORM Act, as amended. maintained the support of a number of groups ing rural communities that are hit and I want to thank Transportation and Infra- that partnered together to build the political will devastated by these natural disasters. structure Committee Chairman PETER DEFA- necessary to pass this bill. In particular, I want This will save lives and prevent dam- ZIO, Subcommittee on Economic Development, to thank the American Council of Engineering age and loss to farmers, businesses, and Public Buildings, and Emergency Management Companies, The American Institute of Archi- homeowners across the country, and it Chair DINA TITUS and Ranking Members SAM tects, American Society of Civil Engineers, is also going to save, long term, bil- GRAVES and JOHN KATKO for their work on this American Society of Landscape Architects, lions upon billions of taxpayer dollars bill to get us to where we are today. City Parks Alliance, Ecological Restoration that are going, time and time again, to I also want to thank fellow T&I Member Business Association, Interstate Council on help communities recover from events RODNEY DAVIS for being a strong partner with Water Policy, Mississippi Rivers Cities and we know are going to happen. me on this from the outset. I am also grateful Towns Initiative, National Recreation and Park Let’s do something on the front end to Majority Leader HOYER for scheduling a Association, The Nature Conservancy and and save taxpayer dollars for the next vote on this bill. U.S. Chamber of Commerce for their support. generation on the back end. Finally, I also want to thank the diligent As part of the Mississippi Rivers Cities and Madam Speaker, I would be remiss if members of the Committee’s staff, particularly Towns Initiative, I want to give special thanks I didn’t thank the staff on both sides of Aaron Davis, for helping us reach this historic to Executive Director Colin Wellenkamp and the aisle for their work to get this bill milestone. I also want to thank a former mem- outgoing Red Wing Mayor Sean Dowse—who to a good place and with the Senate: on ber of my staff, Natalie Martinez, for helping to were also instrumental in this effort. the majority side, Aaron Davis; on our lead the introduction of this bill and my Legis- Madam Speaker, in closing, passage of the own side, Johanna Hardy; and in my of- lative Director Will Mitchell for helping to bring STORM Act will be an important step in mak- fice, Jimmy Ballard. I really appre- the bill across the finish line. ing our towns and cities more resilient. I’m ciate all these folks and what they Madam Speaker, by way of background, the thrilled to be leading the bipartisan effort for have done to help districts like mine. original version of the STORM Act was intro- smart, proactive investments in disaster-resil- I also thank some folks who really duced last July as H.R.3779, the Resilience ient infrastructure. worked hard on this bill, too, that are Revolving Loan Fund Act of 2019 following a The SPEAKER pro tempore. The with me here today from the com- catastrophic spring where Minnesota experi- question is on the motion offered by mittee: Corey Cooke and her number enced one of the most devastating flood sea- the gentlewoman from the District of one fan, her puppy, Coda Cooke; and sons on record. Columbia (Ms. NORTON) that the House also Tara Hupman and her number one In response, I worked closely with local suspend the rules and pass the bill, S. fan, her puppy, Chester Hupman. I cer- mayors in Minnesota dealing with the after- 3418. tainly hope my number one fans, when math of this flooding to develop the concept of The question was taken; and (two- I get home, Rider and Julia Davis, one a resilience fund and establish a low-interest thirds being in the affirmative) the day get a chance to meet theirs. loan program for states to fund pre-disaster rules were suspended and the bill was But it takes people working together mitigation projects which greatly reduce the passed. to get things done, and these are the risks and costs of natural disasters. Revolving A motion to reconsider was laid on types of issues that show our success in fund loans will be available for projects that the table. this institution. minimize the risks of wildfires, earthquakes, Madam Speaker, I yield back the bal- floods, storm surges, tornadoes, and other f ance of my time. events deemed catastrophic by FEMA. Ms. NORTON. Madam Speaker, I The revolving fund concept is modeled after FEDERAL ADVANCE CONTRACTS yield myself such time as I may con- similar state revolving funds authorized and ENHANCEMENT ACT sume. funded by Congress for projects that have re- Ms. NORTON. Madam Speaker, I Madam Speaker, first of all, I appre- sulted in a significant increase in the capacity move to suspend the rules and pass the ciate the words of my colleague on the and capabilities of water infrastructure in com- bill (S. 979) to amend the Post-Katrina other side of the aisle with respect to munities across the nation. Emergency Management Reform Act of Ms. PLASKETT’s notion. I don’t know It is our hope that our colleagues on the Ap- 2006 to incorporate the recommenda- why the notion of pennywise and pound propriations Committee will see the wisdom in tions made by the Government Ac- foolish—if that is the reason why this the revolving fund concept and fully capitalize countability Office relating to advance bipartisan bill that was sent to the this program starting in Fiscal Years 2022 and contracts, and for other purposes. Senate was sent back to us absent 2023 so that disaster mitigation can see that The Clerk read the title of the bill. some Americans. I understand they same significant return on investment. The text of the bill is as follows:

VerDate Sep 11 2014 06:46 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.011 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7269 S. 979 ‘‘(B) adheres to hard copy contract file by Senators RUBIO, PETERS, JOHNSON, Be it enacted by the Senate and House of Rep- management requirements in effect to en- and TILLIS, and in the House by Rep- resentatives of the United States of America in sure that the files relating to advance con- resentatives BENNIE THOMPSON, DONALD tracts entered into in accordance with this Congress assembled, PAYNE, Jr., MIKE ROGERS, and PETER SECTION 1. SHORT TITLE. section are complete and up to date, whether KING addresses the findings of the Gov- This Act may be cited as the ‘‘Federal Ad- the files will be transferred into the Elec- vance Contracts Enhancement Act’’ or the tronic Contract Filing System of the Agency ernment Accountability Office’s report ‘‘FACE Act’’. or remain in hard copy format; titled ‘‘2017 Disaster Contracting: Ac- SEC. 2. FINDINGS. ‘‘(C) notifies contracting officers of the 3- tions Needed to Better Ensure More Ef- Congress finds that— day time frame requirement for entering fective Use and Management of Ad- (1) the Post-Katrina Emergency Manage- completed award documentation into the vance Contracts.’’ ment and Reform Act of 2006 (Public Law contract writing system of the Agency when In its report, GAO found several 109–925; 120 Stat. 1394) required the Federal executing notice to proceed documentation; issues with the Federal Emergency ‘‘(D) not later than 180 days after the date Emergency Management Agency to establish Management Agency’s handling of ad- advance contracts, which are established of enactment of this subsection, revises the prior to disasters and are typically needed to reporting methodology of the Agency to en- vance contracts, including limitations quickly provide life-sustaining goods and sure that all disaster contracts are included in the agency’s use of some advance services in the immediate aftermath of a dis- in each quarterly report submitted to the ap- contracts, Congressional committees aster; propriate congressional committees under being provided with incomplete infor- (2) the catastrophic hurricanes and this section on disaster contract actions; mation in FEMA reports, and coordina- wildfires in the United States in 2017 high- ‘‘(E) identifies a single centralized resource tion with States and localities on the lighted the importance of these advance con- listing advance contracts entered into under use of advance contracts. tracts in disaster response; this section and ensures that source is cur- (3) in a report issued by the Government rent and up to date and includes all available b 1230 Accountability Office entitled ‘‘2017 Disaster advance contracts; and GAO made final recommendations, Contracting: Action Needed to Better Ensure ‘‘(F) communicates complete and up-to- More Effective Use and Management of Ad- date information on available advance con- including that FEMA update its strat- vance Contracts’’, the Government Account- tracts to State and local governments to in- egy and guidance to clarify the use of ability Office identified a number of chal- form their advance contracting efforts. advance contracts, improve the timeli- lenges with advance contracts and rec- ‘‘(2) MASTER ACQUISITION PLANNING SCHED- ness of its acquisition planning activi- ommended actions to improve management ULE.—Not later than 180 days after the date ties, revise its methodology for report- by the Federal Emergency Management of enactment of this subsection, the Admin- ing disaster contracting actions to con- Agency of these contracts for future disas- istrator shall update and implement guid- gressional committees, and provide ters; and ance for program office and acquisition per- more consistent guidance and informa- (4) section 691 of the Post-Katrina Emer- sonnel of the Agency to— gency Management Reform Act of 2006 (6 ‘‘(A) identify acquisition planning time tion to contracting officers to coordi- U.S.C. 791) should be amended to incorporate frames and considerations across the entire nate with and encourage States and lo- the recommendations made by the report de- acquisition planning process of the Agency; calities to establish advance contracts. scribed in paragraph (3) to ensure more effec- and FEMA concurred with all of GAO’s tive use and management of advance con- ‘‘(B) clearly communicate the purpose and recommendations. tracts. use of a master acquisition planning sched- Following Hurricane Katrina, Con- SEC. 3. FEDERAL EMERGENCY MANAGEMENT ule.’’. AGENCY ADVANCE CONTRACTS. gress required FEMA to establish ad- (b) REPORT.—The Administrator of the vance contracts for goods and services (a) IN GENERAL.—Section 691 of the Post- Federal Emergency Management Agency Katrina Emergency Management Reform Act shall regularly update the appropriate com- to enable the Federal Government to of 2006 (6 U.S.C. 791) is amended by adding at mittees of Congress (as defined in section 602 quickly mobilize resources to affected the end the following: of the Post-Katrina Emergency Management areas in the aftermath of a disaster. ‘‘(e) UPDATED REPORT.—Not later than 180 Reform Act of 2006 (6 U.S.C. 701)) on the This bill allows FEMA to ensure days after the date of enactment of this sub- progress of the Federal Emergency Manage- section, the Administrator shall submit to more effective use and management of ment Agency in implementing the rec- the appropriate committees of Congress an its advance contracts process by incor- ommendations of the Government Account- updated report that contains— porating GAO’s recommendations to ability Office in the report entitled ‘‘2017 ‘‘(1) the information required in the initial ensure that Federal preparedness ac- Disaster Contracting: Action Needed to Bet- report under subparagraphs (A) and (B) of tions are coordinated to prevent gaps subsection (a)(1); and ter Ensure More Effective Use and Manage- ment of Advance Contracts’’, as required in recovery efforts from occurring. ‘‘(2) an updated strategy described in sub- The bill also requires FEMA to regu- section (a)(1)(C) that clearly defines— under section 691 of the Post-Katrina Emer- ‘‘(A) the objectives of advance contracts; gency Management Reform Act of 2006 (6 larly update the appropriate commit- ‘‘(B) how advance contracts contribute to U.S.C. 791), as amended by subsection (a). tees of Congress on the progress of the disaster response operations of the Agency; The SPEAKER pro tempore. Pursu- agency’s implementation of these rec- ‘‘(C) how to maximize the award of advance ant to the rule, the gentlewoman from ommendations. contracts to small business concerns, as de- the District of Columbia (Ms. NORTON) Given this year’s unprecedented level fined in section 3 of the Small Business Act and the gentleman from Illinois (Mr. of disaster activity, it is critical that (15 U.S.C. 632); and RODNEY DAVIS) each will control 20 Congress enact these reforms ahead of ‘‘(D) whether and how advance contracts minutes. the start of the next disaster season in should be prioritized in relation to new post- disaster contract awards. The Chair recognizes the gentle- order to ensure that both FEMA and ‘‘(f) ADDITIONAL DUTIES OF THE ADMINIS- woman from the District of Columbia. our States, Tribes, territories, and lo- TRATOR.— GENERAL LEAVE calities are well-prepared and equipped ‘‘(1) HEAD OF CONTRACTING.—The Adminis- Ms. NORTON. Madam Speaker, I ask for future disasters. trator shall ensure that the head of con- unanimous consent that all Members Madam Speaker, I support S. 979, and tracting activity of the Agency— may have 5 legislative days within I urge my colleagues to do the same. I ‘‘(A) not later than 270 days after the date which to revise and extend their re- reserve the balance of my time. of enactment of this subsection, updates the Mr. RODNEY DAVIS of Illinois. Disaster Contracting Desk Guide of the marks and include extraneous material Agency to provide specific guidance— on S. 979. Madam Speaker, I yield myself such ‘‘(i) on whether and under what cir- The SPEAKER pro tempore. Is there time as I may consume. cumstances contracting officers should con- objection to the request of the gentle- Madam Speaker, S. 979, the Federal sider using existing advance contracts en- woman from the District of Columbia? Advance Contracts Enhancement Act, tered into in accordance with this section There was no objection. or FACE Act, will improve disaster prior to making new post-disaster contract Ms. NORTON. Madam Speaker, I preparedness and ensure State and awards, and include this guidance in existing yield myself such time as I may con- local governments receive more con- semi-annual training given to contracting sistent guidance from the Federal officers; and sume. ‘‘(ii) for contracting officers to perform Madam Speaker, I rise in support of Emergency Management Agency. outreach to State and local governments on S. 979, the Federal Advance Contracts Following Hurricane Katrina, Con- the potential benefits of establishing their Enhancement Act. This bipartisan and gress directed FEMA to establish ad- own pre-negotiated advance contracts; bicameral bill introduced in the Senate vance contracts ahead of disasters to

VerDate Sep 11 2014 03:51 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.002 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7270 CONGRESSIONAL RECORD — HOUSE December 18, 2020 rapidly provide goods and services fol- SEC. 2. SENSE OF CONGRESS. key drone integration issues, will con- lowing a disaster. It is the Sense of Congress that: tinue to play an important role in such Following the 2017 hurricanes and (1) Due to the ever-increasing use of Un- efforts. wildfires, the Government Account- manned Aircraft Systems in the agriculture, The Drone Advisory Committee is forestry, and rangeland sectors, as well as ability Office reviewed the use of ad- the inherently different uses in less popu- currently comprised of executives from vance contracts and identified a num- lated parts of the nation, membership of the a cross-section of interested stake- ber of shortcomings, including unclear Drone Advisory Committee established by holders, including academia, drone guidance and inconsistent information the Federal Aviation Administration should, manufacturers and operators, aviation from FEMA on using these advance to the extent practicable, include direct rep- labor, and local governments, among contracts. resentatives from county and tribal govern- others. While drones are increasingly Ultimately, GAO issued nine rec- ment, agriculture, forestry, and rangeland being used in the agriculture, forestry, ommendations, and FEMA has con- interests. and rangeland sectors and by county curred with every single one of them. (2) Full transparency in the work of the and Tribal governments, these stake- Drone Advisory Committee is vital to ensur- This bill would require FEMA to pro- ing the public can effectively participate and holders are not represented adequately vide an updated report on advance con- contribute to the development of sound Fed- in the current committee makeup. tracts, updated its strategy, improve eral policies. The Administrator of the Fed- S. 2730 would, therefore, require the its guidance for FEMA personnel, and eral Aviation Administration should, to the FAA to take appropriate steps to en- regularly report to Congress on maximum extent practicable, ensure the courage the direct representation of progress in addressing GAO’s rec- work of the Drone Advisory Committee is county and Tribal governments, as well ommendations. shared with and easily accessible to the pub- as agriculture, forestry, rangeland sec- These reforms will help improve our lic and shall ensure transparency and open- tors, and other rural interests, on the disaster preparedness and provide clar- ness in the manner in which the affairs of Drone Advisory Committee. The bill the Committee are conducted. ity to States and local communities on will also require the FAA to include SEC. 3. DRONE ADVISORY COMMITTEE MEMBER- how to better leverage these useful SHIP. public participation in the process of contracts. (1) IN GENERAL.—The Federal Aviation Ad- nominating individuals for advisory I am proud to stand with my col- ministration shall take appropriate steps to committee membership going forward. league, Ms. NORTON, to support this bill encourage direct representation of county The efforts outlined in S. 2730 will in a bipartisan way because, if there is and tribal governments as well as agri- not only include transparency and one thing that the Federal Government culture, forestry, rangeland sectors, and openness in how the Drone Advisory should do right, it is to help commu- other rural interests on the Drone Advisory Committee’s membership is con- nities recover from disasters they had Committee. structed, but they will also help ensure (2) PUBLIC PARTICIPATION.—To the max- nothing to do with. the insights of stakeholders, with vast imum extent practicable, the Administrator experience operating drones and per- Madam Speaker, I yield back the bal- shall include public participation in the ance of my time. process of nominating individuals for mem- spectives regarding their integration, Ms. NORTON. Madam Speaker, the bership on the Committee. are reflected in the advisory commit- tee’s important work, ultimately in- gentleman has yielded, and I certainly The SPEAKER pro tempore. Pursu- forming future FAA decisionmaking. concur with him. I am very pleased ant to the rule, the gentlewoman from that this bill comes out now, in the Madam Speaker, I support this legis- the District of Columbia (Ms. NORTON) lation, I urge my colleagues to do the season of climate change, where we and the gentleman from Illinois (Mr. have seen increased disasters in our same, and I reserve the balance of my RODNEY DAVIS) each will control 20 time. country. minutes. Madam Speaker, I yield back the bal- Mr. RODNEY DAVIS of Illinois. The Chair recognizes the gentle- Madam Speaker, I yield myself such ance of my time. woman from the District of Columbia. The SPEAKER pro tempore. The time as I may consume. GENERAL LEAVE Madam Speaker, I again rise in sup- question is on the motion offered by Ms. NORTON. Madam Speaker, I ask the gentlewoman from the District of port of another great piece of bipar- unanimous consent that all Members tisan legislation, S. 2730, the Drone Ad- Columbia (Ms. NORTON) that the House may have 5 legislative days in which to visory Committee for the 21st Century suspend the rules and pass the bill, S. revise and extend their remarks and in- 979. Act. clude extraneous material on S. 2730. The Drone Advisory Committee is a The question was taken. The SPEAKER pro tempore. Is there The SPEAKER pro tempore. In the long-term advisory committee that objection to the request of the gentle- opinion of the Chair, two-thirds being provides the Federal Aviation Adminis- woman from the District of Columbia? tration with advice on key drone inte- in the affirmative, the ayes have it. There was no objection. Ms. NORTON. Madam Speaker, on gration issues. Ms. NORTON. Madam Speaker, I S. 2730 directs the FAA to ensure that I demand the yeas and nays. yield myself such time as I may con- The SPEAKER pro tempore. Pursu- that there is broad participation on sume. ant to section 3 of House Resolution this committee that develops policies Madam Speaker, I rise in support of for unmanned aircraft systems, or 965, the yeas and nays are ordered. S. 2730, the Drone Advisory Committee Pursuant to clause 8 of rule XX, fur- drones, and their growing uses. for the 21st Century Act, introduced by ther proceedings on this motion will be S. 2730 also directs the FAA to con- Senator PETERS of Michigan. postponed. sider public opinion when nominating The number of unmanned aircraft anyone to serve on the Drone Advisory f systems, or drones, in the United Committee. DRONE ADVISORY COMMITTEE States airspace has grown exponen- Imagine that, a government agency FOR THE 21ST CENTURY ACT tially in recent years. The growth is asking the public, who is intricately Ms. NORTON. Madam Speaker, I expected to continue, as drones are de- involved in issues related to drone move to suspend the rules and pass the ployed for more and more uses each technology and the ability to use bill (S. 2730) to establish and ensure an year. Drones have become important drones in and around our public air- inclusive and transparent Drone Advi- tools to assist with everything from in- space—imagine having public opinion sory Committee. frastructure inspection and lifesaving determine who should be best to serve. The Clerk read the title of the bill. missions to delivering medical supplies This is another example where Re- The text of the bill is as follows: and prescriptions. publicans and Democrats have come to- S. 2730 As the Federal Aviation Administra- gether to offer solutions. It is sad we tion continues its efforts to safely inte- Be it enacted by the Senate and House of Rep- have to put them on paper, to put them resentatives of the United States of America in grate drones into the National Air- into legislation sometimes; but here we Congress assembled, space System, the work of the Drone are today, and I am glad it is hap- SECTION 1. SHORT TITLE. Advisory Committee, an FAA advisory pening. This Act may be cited as the ‘‘Drone Advi- committee that provides the agency Having committee participation from sory Committee for the 21st Century Act’’. with advice and recommendations on those in rural areas, especially, will

VerDate Sep 11 2014 03:51 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.014 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7271 help those in agribusiness, like in the countability Office relating to advance Meng Rodgers (WA) Takano 13th District of Illinois, my district, contracts, and for other purposes, on Meuser Roe, David P. Taylor Mfume Rogers (KY) Thompson (CA) where agriculture is king and is so which the yeas and nays were ordered. Miller Rose (NY) Thompson (MS) much a part of our local economy. The Clerk read the title of the bill. Moolenaar Rose, John W. Thompson (PA) They depend on drones. The SPEAKER pro tempore. The Mooney (WV) Roy Thornberry Moore Roybal-Allard The growing use of drones and un- question is on the motion offered by Tiffany Morelle Ruiz Timmons manned aircraft in this field are affect- the gentlewoman from the District of Moulton Ruppersberger Tipton Mucarsel-Powell Rush ing wide swaths of the country. When Columbia (Ms. NORTON) that the House Titus Mullin Rutherford Tlaib you look at my district, we have to suspend the rules and pass the bill. Murphy (FL) Ryan Tonko start talking about some of the other The vote was taken by electronic de- Murphy (NC) Sa´ nchez drone issues that I and my colleagues vice, and there were—yeas 386, nays 1, Nadler Sarbanes Torres (CA) Torres Small on the Transportation and Infrastruc- not voting 42, as follows: Napolitano Scalise Neal Scanlon (NM) ture Committee have worked on over [Roll No. 246] Neguse Schakowsky Trahan Turner the last few years that I have been YEAS—386 Newhouse Schiff blessed to serve in this institution. Norcross Schneider Underwood Adams Crow Horn, Kendra S. Nunes Schrader Upton It was an amendment I offered to a Aderholt Cuellar Horsford O’Halleran Schrier Van Drew previous FAA reauthorization that al- Aguilar Cunningham Houlahan Ocasio-Cortez Schweikert Vargas lowed for microdrones to have a cat- Allen Curtis Hoyer Olson Scott (VA) Veasey Allred Davids (KS) Hudson egory in and of itself. We don’t need Omar Scott, Austin Vela Amash Davidson (OH) Huffman Palazzo Scott, David Vela´ zquez this committee actively trying to in- Amodei Davis (CA) Huizenga Pallone Serrano Visclosky fluence what we would consider the Armstrong Davis, Danny K. Hurd (TX) Palmer Sewell (AL) Wagner Arrington Davis, Rodney Jackson Lee Panetta Shalala Walberg hobby aircraft industry. If a drone is Axne Dean Jacobs Pappas Sherman Walden below 4.4 pounds, we believe anyone Babin DeFazio Jayapal Pascrell Sherrill Walorski Bacon DeGette Jeffries who wants to utilize this technology Payne Shimkus Waltz should have the opportunity to do so. Baird DeLauro Johnson (GA) Pence Simpson Balderson DelBene Johnson (LA) Wasserman Madam Speaker, I encourage all of Perlmutter Sires Schultz Banks Delgado Johnson (OH) Perry Slotkin my colleagues to support S. 2730, and I Barr Demings Johnson (SD) Waters Peters Smith (MO) Watkins Barraga´ n DeSaulnier Johnson (TX) Peterson Smith (NE) reserve the balance of my time. Watson Coleman Bass DesJarlais Jordan Phillips Smith (NJ) Ms. NORTON. Madam Speaker, I re- Weber (TX) Beatty Deutch Joyce (OH) Pingree Smith (WA) Webster (FL) serve the balance of my time. Bera Diaz-Balart Joyce (PA) Pocan Smucker Mr. RODNEY DAVIS of Illinois. Bergman Dingell Kaptur Porter Soto Welch Madam Speaker, I want to say in clos- Beyer Doggett Katko Posey Spanberger Wenstrup Biggs Doyle, Michael Keating Westerman ing, I encourage all Members to sup- Pressley Speier Bilirakis F. Keller Price (NC) Stanton Wexton port this bill. Bishop (GA) Emmer Kelly (IL) Quigley Stauber Wild I also want to say thank you to the Bishop (NC) Engel Kelly (MS) Raskin Stefanik Wilson (FL) colleagues that don’t get a chance to Blumenauer Escobar Kelly (PA) Reschenthaler Steil Womack Blunt Rochester Eshoo Kennedy Rice (NY) Stevens Woodall come back here on January 3, like Mr. Bonamici Espaillat Khanna Rice (SC) Stewart Yarmuth CUNNINGHAM and so many of my other Bost Estes Kildee Richmond Suozzi Young friends. These are good people who Boyle, Brendan Evans Kilmer Riggleman Swalwell (CA) Zeldin F. Finkenauer Kim served in a great institution where we Brady Fitzpatrick Kind NAYS—1 worked together to make sure we made Brindisi Fleischmann Kirkpatrick this country a better place. I thank Brooks (AL) Fletcher Krishnamoorthi Massie Brooks (IN) Fortenberry Kuster (NH) them for their service. Brown (MD) Foster Kustoff (TN) NOT VOTING—42 Madam Speaker, I yield back the bal- Brownley (CA) Foxx (NC) LaHood Abraham Hice (GA) Rooney (FL) Buchanan Frankel LaMalfa ance of my time. Bishop (UT) Holding Rouda Buck Fudge Lamb Ms. NORTON. Madam Speaker, as is Byrne King (IA) Rouzer Bucshon Fulcher Lamborn Carter (TX) King (NY) Sensenbrenner often the case, it is difficult for Con- Budd Gabbard Langevin Cloud Kinzinger Spano Burchett Gallagher Larsen (WA) gress to stay ahead of the technology Collins (GA) Lesko Steube Burgess Gallego Larson (CT) that it must regulate. Duncan Loudermilk Stivers Bustos Garamendi Latta Dunn Marchant Trone Madam Speaker, I urge my col- Butterfield Garcia (CA) Lawrence Ferguson McHenry Walker leagues to support this legislation, and Calvert Garcı´a (IL) Lawson (FL) Flores Mitchell Williams Carbajal Garcia (TX) Lee (CA) I yield back the balance of my time. Gaetz Norman Wilson (SC) Ca´ rdenas Gianforte Lee (NV) The SPEAKER pro tempore. The Gonzalez (OH) Reed Wittman Carson (IN) Gibbs Levin (CA) Guest Roby Wright question is on the motion offered by Carter (GA) Gohmert Levin (MI) Herrera Beutler Rogers (AL) Yoho the gentlewoman from the District of Cartwright Golden Lieu, Ted Columbia (Ms. NORTON) that the House Case Gomez Lipinski Casten (IL) Gonzalez (TX) Loebsack b 1406 suspend the rules and pass the bill, S. Castor (FL) Gooden Lofgren 2730. Castro (TX) Gosar Long Mr. ROY changed his vote from The question was taken; and (two- Chabot Gottheimer Lowenthal ‘‘nay’’ to ‘‘yea.’’ thirds being in the affirmative) the Cheney Granger Lowey Chu, Judy Graves (LA) Lucas rules were suspended and the bill was Cicilline Graves (MO) Luetkemeyer So (two-thirds being in the affirma- passed. Cisneros Green (TN) Luja´ n tive) the rules were suspended and the A motion to reconsider was laid on Clark (MA) Green, Al (TX) Luria bill was passed. Clarke (NY) Griffith Lynch the table. Clay Grijalva Malinowski The result of the vote was announced f Cleaver Grothman Maloney, as above recorded. Cline Guthrie Carolyn B. b 1245 Clyburn Haaland Maloney, Sean A motion to reconsider was laid on Cohen Hagedorn Marshall the table. FEDERAL ADVANCE CONTRACTS Cole Hall Mast ENHANCEMENT ACT Comer Harder (CA) Matsui Stated for: Conaway Harris McAdams The SPEAKER pro tempore. Pursu- Connolly Hartzler McBath Mr. WITTMAN. Mr. Speaker, I, ROBERT J. ant to clause 8 of rule XX, the unfin- Cooper Hastings McCarthy WITTMAN, missed rollcall No. 246 vote due to ished business is the vote on the mo- Correa Hayes McCaul a scheduling conflict. Had I been present, I Costa Heck McClintock would have voted ‘‘yea’’ on rollcall No. 246. tion to suspend the rules and pass the Courtney Hern, Kevin McCollum bill (S. 979) to amend the Post-Katrina Cox (CA) Higgins (LA) McEachin Mr. ROUZER. Mr. Speaker, I was unavoid- Emergency Management Reform Act of Craig Higgins (NY) McGovern ably detained at the time of the vote on S. Crawford Hill (AR) McKinley 2006 to incorporate the recommenda- Crenshaw Himes McNerney 979. Had I been present, I would have voted tions made by the Government Ac- Crist Hollingsworth Meeks ‘‘yea’’ on rollcall No. 246.

VerDate Sep 11 2014 03:51 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K18DE7.016 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7272 CONGRESSIONAL RECORD — HOUSE December 18, 2020 MEMBERS RECORDED PURSUANT TO HOUSE (3) in subsection (b)(1)— the Senate and the House, to try to RESOLUTION 965, 116TH CONGRESS (A) by inserting ‘‘for a given calendar come to agreement not only with re- Allred (Wexton) Gottheimer Napolitano year’’ after ‘‘for premium pay’’; and spect to funding of the government, Axne (Davids (Panetta) (Correa) (B) by striking ‘‘during 2016, 2017, 2018, 2019, but also with respect to the response to (KS)) Grijalva (Garcı´a Neguse and 2020’’ and inserting ‘‘during each of cal- Barraga´ n (Beyer) (IL)) (Perlmutter) endar years 2016 through 2023’’. COVID–19 and the pandemic that af- Bera (Aguilar) Haaland (Davids Pascrell (b) REPORTS.— flicts our people and has afflicted our Blumenauer (KS)) (Pallone) (1) DEFINITION.—In this subsection, the economy in a very negative way. So we (Beyer) Hastings Payne Bonamici (Clark (Wasserman (Wasserman term ‘‘appropriate committees of Congress’’ are trying to get to an agreement, try- (MA)) Schultz) Schultz) means the Committee on Appropriations, the ing to get paper done. Brownley (CA) Heck (Kildee) Peters (Kildee) Committee on Homeland Security and Gov- Mr. Speaker, I have told the Repub- (Clark (MA)) Jayapal (Raskin) Peterson ernmental Affairs, and the Committee on the lican whip that we intend to ask for a Ca´ rdenas Johnson (TX) (McCollum) Judiciary of the Senate and the Committee recess until 5 o’clock this afternoon, (Cisneros) (Jeffries) Pingree on Appropriations, the Committee on Over- Case Kelly (IL) (Cicilline) sight and Reform, and the Committee on the which would give us 3 more hours to (Cartwright) (Clarke (NY)) Pocan (Raskin) work on both the discussions. And I Cleaver (Davids Kennedy Porter (Wexton) Judiciary of the House of Representatives. (KS)) (McGovern) Price (NC) (2) REPORT ON EXTENSIONS.—Not later than just got off the phone with the Speak- Cohen (Beyer) Kilmer (Kildee) (Butterfield) January 30 of each of calendar years 2021, er, who just got off the phone with Sen- Costa (Correa) Kim (Davids Richmond 2022, and 2023, the Director of the United ator MCCONNELL, and so we are hoping Craig (KS)) (Butterfield) States Secret Service shall submit to the ap- that, in the next 3 hours, we will have (McCollum) Kind (Beyer) Roybal-Allard propriate committees of Congress a report on a clearer picture of where we are. Davis (CA) Kirkpatrick (Garcia (TX)) the effects of the amendments made by sub- (Scanlon) (Stanton) Ruiz (Dingell) Mr. Speaker, I yield to the gentleman section (a) and the amendments made by sec- Dean (Scanlon) Kuster (NH) Rush from Louisiana (Mr. SCALISE), my DeFazio (Davids (Bustos) (Underwood) tion 2(a) of the Secret Service Overtime Pay (KS)) Lamb (Sherrill) Ryan (Kildee) Extension Act (Public Law 115–383; 132 Stat. friend. DeGette (Blunt Langevin Schakowsky 5121), which shall include, with respect to the Mr. SCALISE. Mr. Speaker, I thank Rochester) (Lynch) (Underwood) previous calendar year, the information de- the gentleman for yielding. DelBene Lawrence Schneider scribed under paragraphs (1) through (7) of As the gentleman from Maryland (Cicilline) (Kildee) (Casten (IL)) section 2(c) of the Secret Service Recruit- DeSaulnier Lawson (FL) Schrier pointed out, we know government ment and Retention Act of 2018 (Public Law (Matsui) (Demings) (Spanberger) funding expires at midnight. Clearly, Deutch (Rice Lieu, Ted (Beyer) Serrano 115–160; 132 Stat. 1246). we have been working for days in a (NY)) Lipinski (Jeffries) (3) OPEN RECOMMENDATIONS.—Not later Doggett (Raskin) (Schrader) Sewell (AL) than 60 days after the date of enactment of very productive way to get close to an Doyle, Michael Lofgren (Jeffries) (Cicilline) this Act, the Director of the United States agreement on both funding of govern- F. (Cartwright) Lowenthal Sires (Pallone) Secret Service shall submit to the appro- ment as well as COVID relief. We are Escobar (Garcia (Beyer) Smith (WA) priate committees of Congress a report dis- not quite there on all of these details, (TX)) Lowey (Tonko) (Courtney) Eshoo McEachin Speier (Scanlon) cussing the progress of the United States Se- but we are eager to see if we can get (Thompson (Wexton) Titus (Connolly) cret Service in implementing each rec- this resolved. (CA)) McNerney Vargas (Correa) ommendation of the Government Account- As the gentleman knows, everybody, Finkenauer (Raskin) Veasey (Beyer) ability Office to the United States Secret Members on both sides are very inter- (Underwood) Meng (Clark Watson Coleman Service that has not been designated as Fletcher (MA)) (Pallone) closed by the Comptroller General of the ested in finding out what the schedule (Raskin) Moore (Beyer) Welch United States. will be. I appreciate that update, and I Frankel (Clark Mucarsel-Powell (McGovern) imagine that means we will stay tuned (MA)) (Wasserman Wild (Scanlon) (4) PROTECTIVE MISSION PANEL.—Not later Garamendi Schultz) Wilson (FL) than 1 year after the date of enactment of and see if, between now and 5 p.m., we (Sherman) Nadler (Jeffries) (Hayes) this Act, the Comptroller General of the can get that resolved. United States shall submit to the appro- f Mr. HOYER. Mr. Speaker, I thank priate committees of Congress a report on the gentleman. SECRET SERVICE OVERTIME PAY the extent of the progress made by the For the general Membership, I would EXTENSION ACT United States Secret Service in imple- menting the recommendations of the United urge them, however, to keep tonight Mr. RASKIN. Mr. Speaker, I ask States Secret Service Protective Mission free, tomorrow free, Sunday free, and unanimous consent to take from the Panel, including in particular those items such days thereafter as we may need— Speaker’s table the bill (S. 5036) to pertaining to training and personnel enumer- and I hope we do not need any of those amend the Overtime Pay for Protective ated in the Executive Summary to Report days—so that we can, A, pass funding Services Act of 2016 to extend the Se- from the United States Secret Service Pro- for the balance of the fiscal year until cret Service overtime pay exception tective Mission Panel to the Secretary of September 30 of next year, and that we through 2023, and for other purposes, Homeland Security dated December 15, 2014. can give the kind of relief that, frank- (c) REPEAL OF SUPERSEDED REPORTING RE- CALISE and ask for its immediate consider- QUIREMENT.—Section 2(b) of the Secret Serv- ly, Mr. S and I have been talking ation in the House. ice Overtime Pay Extension Act (Public Law about for the last 3 weeks, for small The Clerk read the title of the bill. 115–383; 132 Stat. 5121) is repealed. businesses, people on unemployment The SPEAKER pro tempore (Mr. The bill was ordered to be read a insurance, people who are having trou- CUELLAR). Is there objection to the re- third time, was read the third time, ble putting food on their table, trans- quest of the gentleman from Maryland? and passed, and a motion to reconsider portation systems that are about to There was no objection. was laid on the table. shut down, and other relief that both The text of the bill is as follows: sides are trying to come to an agree- f S. 5036 ment on. Be it enacted by the Senate and House of Rep- LEGISLATIVE PROGRAM Mr. Speaker, I urge every Member to keep their schedule free, essentially, resentatives of the United States of America in (Mr. HOYER asked and was given Congress assembled, for such days as it takes to accomplish permission to address the House for 1 those two objectives. SECTION 1. SHORT TITLE. minute.) This Act may be cited as the ‘‘Secret Serv- Unless the gentleman wants to say Mr. HOYER. Mr. Speaker, the Repub- ice Overtime Pay Extension Act’’. something further, I yield back the bal- lican whip and I have been discussing SEC. 2. EXTENSION OF OVERTIME PAY EXCEP- ance of my time. TION THROUGH 2023 FOR PROTEC- where we are and to bring Members up TIVE SERVICES. to speed on what status we have for f (a) IN GENERAL.—Section 2 of the Overtime today and the next few days. Pay for Protective Services Act of 2016 (5 Mr. Speaker, as everybody in the U.S.C. 5547 note) is amended— House knows, and America knows, as COMMUNICATION FROM THE (1) in the section heading, by striking of midnight tonight, the government CLERK OF THE HOUSE ‘‘2020’’ and inserting ‘‘2023’’; (2) in subsection (a), by striking ‘‘during will run out of authority to operate The SPEAKER pro tempore laid be- 2016, 2017, 2018, 2019, or 2020’’ and inserting and run out of funds, authorization, to fore the House the following commu- ‘‘during any of calendar years 2016 through be spent. As a result, everybody is nication from the Clerk of the House of 2023’’; and working very, very hard on both sides, Representatives:

VerDate Sep 11 2014 05:12 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.008 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7273 OFFICE OF THE CLERK, resolution (H.J. Res. 107) making fur- Mrs. LOWEY. Mr. Speaker, I urge its HOUSE OF REPRESENTATIVES, ther continuing appropriations for fis- support, and I yield back the balance of Washington, DC, December 18, 2020. cal year 2021, and for other purposes. my time. Hon. NANCY PELOSI, The Clerk read the title of the joint The Speaker, House of Representatives, The SPEAKER pro tempore. The Washington, DC. resolution. question is on the motion offered by DEAR MADAM SPEAKER: Pursuant to the The text of the joint resolution is as the gentlewoman from New York (Mrs. permission granted in Clause 2(h) of Rule II follows: LOWEY) that the House suspend the of the Rules of the U.S. House of Representa- H.J. RES. 107 rules and pass the joint resolution, H.J. tives, the Clerk received the following mes- Resolved by the Senate and House of Rep- Res. 107. sage from the Secretary of the Senate on De- resentatives of the United States of America in The question was taken. cember 18, 2020, at 11:38 a.m.: Congress assembled, That the Senate agrees to the House The SPEAKER pro tempore. In the That the Continuing Appropriations Act, amendment to the bill S. 212. opinion of the Chair, two-thirds being 2021 (division A of Public Law 116–159) is fur- That the Senate passed S. 481. in the affirmative, the ayes have it. That the Senate passed S. 1681. ther amended by striking the date specified in section 106(3) and inserting ‘‘December 20, Mr. ROY. Mr. Speaker, on that I de- That the Senate passed S. 1782. mand the yeas and nays. That the Senate passed S. 2165. 2020’’. That the Senate passed S. 3248. This joint resolution may be cited as the The SPEAKER pro tempore. Pursu- That the Senate passed S. 4857. ‘‘Further Additional Continuing Appropria- ant to section 3 of House Resolution That the Senate passed S. 4971. tions Act, 2021’’. 965, the yeas and nays are ordered. That the Senate passed with an amend- The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- ment H.R. 1923. ant to the rule, the gentlewoman from vice, and there were—yeas 320, nays 60, That the Senate passed with an amend- not voting 49, as follows: ment H.R. 2610. New York (Mrs. LOWEY) and the gen- That the Senate passed without amend- tleman from Florida (Mr. DIAZ- [Roll No. 247] ment H.R. 2468. BALART) each will control 20 minutes. YEAS—320 That the Senate passed without amend- The Chair recognizes the gentle- Adams Davis, Rodney Jeffries ment H.R. 3976. woman from New York. Aderholt Dean Johnson (GA) That the Senate passed without amend- GENERAL LEAVE Aguilar DeFazio Johnson (LA) ment H.R. 4988. Allred DeGette Johnson (OH) That the Senate passed without amend- Mrs. LOWEY. Mr. Speaker, I ask Amodei DeLauro Johnson (SD) ment H.R. 5123. unanimous consent that all Members Armstrong DelBene Johnson (TX) That the Senate passed without amend- have 5 legislative days in which to re- Axne Delgado Joyce (OH) ment H.R. 5451. vise and extend their remarks and in- Bacon Demings Joyce (PA) That the Senate passed without amend- Baird DeSaulnier Kaptur clude extraneous material on H.J. Res. Balderson Deutch Katko ment H.R. 5597. 107, currently under consideration. Barr Diaz-Balart Keating That the Senate passed without amend- The SPEAKER pro tempore. Is there Barraga´ n Dingell Kelly (IL) ment H.R. 5972. Bass Doggett Kelly (PA) That the Senate passed without amend- objection to the request of the gentle- Beatty Doyle, Michael Kennedy ment H.R. 5983. woman from New York? Bera F. Khanna That the Senate passed without amend- There was no objection. Bergman Emmer Kildee ment H.R. 6016. Beyer Engel Kilmer Mrs. LOWEY. Mr. Speaker, I yield Bilirakis Escobar Kim That the Senate passed without amend- myself such time as I may consume. ment H.R. 6161. Bishop (GA) Eshoo Kind Blumenauer Espaillat Kirkpatrick That the Senate passed without amend- Mr. Speaker, families and small busi- nesses desperately need support as they Blunt Rochester Evans Krishnamoorthi ment H.R. 6192. Bonamici Finkenauer Kuster (NH) That the Senate passed without amend- continue to reel from the coronavirus Bost Fitzpatrick Kustoff (TN) ment H.R. 6418. pandemic. As we speak, bipartisan ne- Boyle, Brendan Fleischmann LaHood That the Senate passed without amend- gotiations are ongoing to deliver emer- F. Fletcher Lamb ment H.R. 6435. Brady Flores Langevin gency relief alongside an omnibus com- Brindisi Fortenberry Larsen (WA) That the Senate passed without amend- prising fiscal year 2021 appropriations ment H.R. 7088. Brown (MD) Foster Larson (CT) That the Senate passed without amend- bills. Brownley (CA) Frankel Latta To keep government open while nego- Buchanan Fudge Lawrence ment H.R. 7502. Burgess Gabbard Lawson (FL) That the Senate passed without amend- tiations conclude, the legislation be- Bustos Gallego Lee (CA) ment H.R. 7810. fore us extends funding at current lev- Butterfield Garamendi Lee (NV) That the Senate passed without amend- els through Sunday. Calvert Garcia (CA) Levin (CA) ´ ment H.R. 8611. Mr. Speaker, I urge my colleagues to Carbajal Garcıa (IL) Levin (MI) With best wishes, I am, Carson (IN) Garcia (TX) Lieu, Ted Sincerely, join me in supporting the ongoing Cartwright Gianforte Lipinski Case Golden Loebsack CHERYL L. JOHNSON, talks by adopting this clean continuing resolution. Casten (IL) Gomez Lofgren Clerk. Castor (FL) Gonzalez (TX) Lowenthal f Mr. Speaker, I reserve the balance of Castro (TX) Gottheimer Lowey my time. Chabot Graves (LA) Lucas RECESS Mr. DIAZ-BALART. Mr. Speaker, I Cheney Graves (MO) Luetkemeyer Chu, Judy Green, Al (TX) Luja´ n The SPEAKER pro tempore. Pursu- yield myself such time as I may con- Cicilline Griffith Luria ant to clause 12(a) of rule I, the Chair sume. Clark (MA) Grijalva Lynch declares the House in recess subject to Mr. Speaker, I rise today also in sup- Clarke (NY) Grothman Malinowski the call of the Chair. port of this short-term continuing res- Cleaver Haaland Maloney, Cline Hagedorn Carolyn B. Accordingly (at 2 o’clock and 15 min- olution. There have been negotiations Clyburn Hall Maloney, Sean utes p.m.), the House stood in recess. taking place day and night for weeks Cohen Harder (CA) Matsui f now to reach an agreement on a full- Cole Hartzler McAdams year appropriations bill and, very im- Comer Hastings McBath b 1700 Connolly Hayes McCarthy portantly, a coronavirus relief bill. Cooper Heck McCaul AFTER RECESS The negotiations are moving forward. Correa Hern, Kevin McCollum We are very close to a final package, Costa Higgins (NY) McEachin The recess having expired, the House Courtney Hill (AR) McGovern was called to order by the Speaker pro but there is a little bit more time re- Cox (CA) Himes McKinley tempore (Mr. CORREA) at 5 p.m. quired to get this legislation finalized Craig Horn, Kendra S. McNerney Crenshaw Horsford Meeks f and drafted. Passing this CR is simply a very short-term, stopgap measure to Crist Houlahan Meng FURTHER ADDITIONAL CON- Crow Hoyer Meuser allow those negotiations to finalize. Cuellar Huffman Mfume TINUING APPROPRIATIONS ACT, Mr. Speaker, I urge my colleagues to Cunningham Huizenga Miller 2021 join me in voting in favor of this, Curtis Hurd (TX) Moolenaar Davids (KS) Jackson Lee Moore Mrs. LOWEY. Mr. Speaker, I move to again, very short-term resolution, and Davis (CA) Jacobs Morelle suspend the rules and pass the joint I yield back the balance of my time. Davis, Danny K. Jayapal Mucarsel-Powell

VerDate Sep 11 2014 05:12 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.010 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7274 CONGRESSIONAL RECORD — HOUSE December 18, 2020 Murphy (FL) Ruppersberger Thompson (CA) Ms. GRANGER. Mr. Speaker, I missed COVID–19, both from a health stand- Nadler Rush Thompson (MS) votes due to circumstances beyond my con- point and from an economic stand- Napolitano Rutherford Thompson (PA) Neal Ryan Tiffany trol. Had I been present, I would have voted point. We are hopeful that they will Neguse Sa´ nchez Titus ‘‘yea’’ on rollcall No. 247. reach agreement in the near future. Newhouse Sarbanes Tlaib Mr. CARTER of Georgia. Mr. Speaker, on They have not reached one yet. There Norcross Scalise Tonko rollcall No. 247, I am not recorded because of are still some significant issues out- Nunes Scanlon Torres (CA) O’Halleran Schakowsky circumstances which caused me to miss the Torres Small standing. Ocasio-Cortez Schiff (NM) vote. Had I been present, I would have voted In light of that, I am announcing Omar Schneider Trahan aye. that there will be no votes tomorrow. Palazzo Schrader Pallone Schrier Turner PERSONAL EXPLANATION Even if an agreement were reached late Panetta Scott (VA) Underwood Mr. ROUDA. Mr. Speaker, I missed votes tonight, the administrative work nec- Upton Pappas Scott, Austin on Friday, December 18, 2020, at the rec- essary to memorialize that agreement Pascrell Scott, David Van Drew Payne Serrano Vargas ommendation of my physician. Had I been in a bill would take at least 18 hours or Pence Sewell (AL) Veasey present, I would have voted as follows: Roll thereabouts, so that the first—next Perlmutter Shalala Vela Call Vote No. 246 on Motion to Suspend the votes that would be anticipated would Peters Sherman Vela´ zquez be at 1 p.m. on Sunday. Peterson Sherrill Visclosky Rules and Pass S. 979: YEA; and Roll Call Phillips Shimkus Wagner Vote No. 247 on Motion to Suspend the Rules This is a change. Some people had Pingree Sires Walberg and Pass H.J. Res. 107: YEA. heard 2, and I had used 2, but we are ac- Pocan Slotkin Walden MEMBERS RECORDED PURSUANT TO HOUSE celerating that to 1 p.m. on Sunday. Porter Smith (NE) Walorski RESOLUTION 965, 116TH CONGRESS Members will receive 2 hours’ notice Pressley Smith (NJ) Wasserman for that vote, so that would mean, if it Price (NC) Smith (WA) Schultz Allred (Wexton) Gottheimer Pascrell Quigley Smucker Waters Axne (Davids (Panetta) (Pallone) is at 1 p.m., you will receive a notice at Raskin (KS)) Grijalva (Garcı´a Soto Watson Coleman Payne 11 a.m. That ought to give time for Reschenthaler Spanberger Barraga´ n (Beyer) (IL)) Welch (Wasserman Rice (NY) Speier Bera (Aguilar) Haaland (Davids Members, obviously, most of whom are Westerman Schultz) Richmond Stanton Blumenauer (KS)) Peters (Kildee) going to be staying in town if they Riggleman Stauber Wexton (Beyer) Hastings Wild Peterson don’t live close by, to go to worship Rodgers (WA) Stefanik Bonamici (Clark (Wasserman (McCollum) and then come to the House floor. Roe, David P. Steil Wilson (FL) (MA)) Schultz) Pingree Rogers (KY) Stevens Womack Brownley (CA) Heck (Kildee) But no votes before 1 p.m. on Sunday, (Cicilline) Rose (NY) Stewart Woodall (Clark (MA)) Jayapal (Raskin) this coming Sunday, and notice will be Pocan (Raskin) Rouzer Suozzi Yarmuth Case Johnson (TX) given 2 hours prior to 1 p.m., so by 11 Roybal-Allard Swalwell (CA) Young (Cartwright) (Jeffries) Porter (Wexton) Ruiz Takano Zeldin Castor (FL) Kelly (IL) Price (NC) a.m. (Demings) (Clarke (NY)) (Butterfield) f NAYS—60 Cleaver (Davids Kennedy Richmond Allen Gallagher Mooney (WV) (KS)) (McGovern) (Butterfield) b 1815 Amash Gibbs Mullin Cohen (Beyer) Kilmer (Kildee) Roybal-Allard Arrington Gohmert Murphy (NC) Costa (Correa) Kim (Davids (Garcia (TX)) BOSTON TEA PARTY Babin Gooden Olson Craig (KS)) Ruiz (Dingell) (Mr. LAMALFA asked and was given Banks Gosar Palmer (McCollum) Kind (Beyer) Rush permission to address the House for 1 Biggs Green (TN) Perry Davis (CA) Kirkpatrick (Underwood) Bishop (NC) Guthrie Posey (Scanlon) (Stanton) Ryan (Kildee) minute and to revise and extend his re- Brooks (AL) Higgins (LA) Rice (SC) Dean (Scanlon) Lamb (Sherrill) Schakowsky marks.) Buck Hollingsworth Rose, John W. DeFazio (Davids Langevin (Underwood) Mr. LAMALFA. Mr. Speaker, this (KS)) (Lynch) Bucshon Hudson Roy Schneider week in 1773, Sam Adams and the Sons Budd Jordan Schweikert DeGette (Blunt Lawrence (Casten (IL)) Rochester) (Kildee) of Liberty organized the Boston Tea Burchett Keller Smith (MO) Schrier Conaway Kelly (MS) Taylor DelBene Lawson (FL) (Spanberger) Party, one of the most iconic protests Crawford LaMalfa Tipton (Cicilline) (Demings) Serrano in American history. They dumped 342 Davidson (OH) Lamborn Waltz DeSaulnier Lieu, Ted (Beyer) (Jeffries) DesJarlais Long Watkins (Matsui) Lipinski chests of tea into the Boston Harbor in Estes Marshall Weber (TX) Deutch (Rice (Schrader) Sewell (AL) an uprising against an oppressive gov- Foxx (NC) Massie Webster (FL) (NY)) Lofgren (Jeffries) (Cicilline) Shimkus ernment and taxation tyranny. Fulcher Mast Wenstrup Doggett (Raskin) Lowenthal Three years ago this month, Repub- Gaetz McClintock Wittman Doyle, Michael (Beyer) (Pallone) F. (Cartwright) McEachin Sires (Pallone) licans built upon our Founders’ ideals NOT VOTING—49 Escobar (Garcia (Wexton) Smith (WA) and passed the Tax Cuts and Jobs Act. Abraham Harris Rooney (FL) (TX)) McNerney (Courtney) We delivered pro-growth, pro-jobs, and Eshoo (Raskin) Bishop (UT) Herrera Beutler Rouda Speier (Scanlon) pro-America policies to end the eco- Brooks (IN) Hice (GA) Sensenbrenner (Thompson Meng (Clark Titus (Connolly) Byrne Holding Simpson (CA)) (MA)) Vargas (Correa) nomic slowdown of the previous admin- Ca´ rdenas King (IA) Spano Finkenauer Moore (Beyer) Veasey (Beyer) istration. (Underwood) Mucarsel-Powell Carter (GA) King (NY) Steube Watson Coleman Fletcher (Wasserman Following tax reform, the middle Carter (TX) Kinzinger Stivers (Pallone) (Raskin) Schultz) class experienced record financial Cisneros Lesko Thornberry Welch Clay Loudermilk Frankel (Clark Nadler (Jeffries) growth, household incomes soared by Timmons (McGovern) Cloud Marchant (MA)) Napolitano Trone Wild (Scanlon) nearly 8 percent, and Americans had a Collins (GA) McHenry Gaetz (Gabbard) (Correa) Walker Wilson (FL) Duncan Mitchell Garamendi Neguse greater say over their own paychecks. (Hayes) Dunn Moulton Williams (Sherman) (Perlmutter) Our Founders knew lower taxes Wilson (SC) Ferguson Norman f would be better for the economy of Gonzalez (OH) Reed Wright 1773, and Republicans proved through Granger Roby Yoho SCHEDULE UPDATE Guest Rogers (AL) the Tax Cuts and Jobs Act 3 years ago (Mr. HOYER asked and was given that Sam Adams and the Sons of Lib- b 1810 permission to address the House for 1 erty were correct. Mr. CRAWFORD changed his vote minute and to revise and extend his re- f from ‘‘yea’’ to ‘‘nay.’’ marks.) Messrs. LATTA and WALBERG Mr. HOYER. Mr. Speaker, I want to PUBLIC HOUSING IN ATLANTA changed their vote from ‘‘nay’’ to notify all the Members, and we will (Mr. HALL asked and was given per- ‘‘yea.’’ certainly do that by email as well, that mission to address the House for 1 So (two-thirds being in the affirma- the negotiators who are trying to come minute and to revise and extend his re- tive) the rules were suspended and the to an agreement between the two par- marks.) joint resolution was passed. ties, and the House and the Senate as Mr. HALL. Mr. Speaker, I rise today The result of the vote was announced well, are still working very hard to mindful that I only have a few mo- as above recorded. reach agreement both on the omnibus ments to address this body from the A motion to reconsider was laid on so that we will be able to fund the gov- podium. the table. ernment through September 30 of this As we turn our attention next week Stated for: coming year and on the response to to Christmas, many of us are sending

VerDate Sep 11 2014 05:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A18DE7.011 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7275 and awaiting cards and packages. Let States like New York, California, Ohio and And as we turn our attention next week to us not forget the postal workers who Florida have massive investments in McDon- Christmas, many of us are sending and await- deliver more than 155 billion pieces of ald’s. In Tennessee, Rep. Joe Towns has re- ing cards and packages. Let us not forget the mail per year, which this year included quested Treasurer David H. Lillard to divest Postal workers who deliver more than 155 bil- the state’s holdings and reallocate the our ballots in an election that saw the money toward companies ‘‘practicing good lion pieces of mail per year, which this year in- largest turnout in 100 years. For their corporate citizenship.’’ cluded our ballots in an election that saw the work and commitment this holiday Ferraro said all these challenges are com- largest turnout in 100 years. For their work season and every holiday season, and ing together because the company has and commitment this season and every holi- for their extraordinary service to our turned a blind eye to obvious racial problems day season, and for their extraordinary service country during the pandemic, I support while promoting its public image. to our country during a pandemic, I support overtime pay for these important civil McDonald’s once boasted a high of 377 overtime pay for these important civil servants. servants. Black franchisees in 1998. That number now And another institution very old in our Re- Another institution very old in our stands at 186 even though McDonald’s has in- public, while not as old as the Postal Service, Republic, while not as old as the Postal creased its stores from 15,086 to 36,059. The is Morris Brown College. Let us resolve to cash flow gap for Black franchisees more support Morris Brown College and contribute Service, is Morris Brown College. Let than tripled from 2010 to 2019, per National us resolve to support Morris Brown Black McDonald’s Operators Association to the revitalization of the Atlanta University College and contribute to the revital- (‘‘NBMOA’’) data. Center. ization of the Atlanta University Cen- Plaintiffs’ average annual sales of $2 mil- As we seek to revitalize Morris Brown Col- ter. lion was more than $700,000 under McDon- lege, let us also consider ways to renew our As we seek to revitalize Morris ald’s national average of $2.7 million between urban centers. A way to do that is urban farm- Brown College, let us also consider 2011 and 2016 and $900,000 under the national ing. ways to renew our urban centers. A average of $2.9 million in 2019. It can deliver produce at a lower cost, leav- way to do that is urban farming. It can The lawsuit claims McDonald’s was ruth- ing families to spend on other costs of living, deliver produce at a lower cost, leaving less in steering Black operators toward the like housing. oldest, most decrepit stores in the toughest It can also be good for the environment, as families to spend on other costs of liv- neighborhoods routinely rejected by Whites ing, like housing. It can also be good it can reduce CO2 emissions attendant with franchisees. This severely limited opportuni- transporting food from faraway farms to urban for the environment, as it can reduce ties for expansion and growth, and far too centers. CO2 emissions attendant with trans- often set in place a chain of events—low cash porting food from faraway farms to flow, decreased equity, debt and bank- As we improve our nation’s housing, and find ways to revitalize our colleges and seek urban centers. ruptcy—that led to financial ruin. While we do this and we emerge from The plaintiffs argue McDonald’s violated new ways to grow our food, let us not forget this pandemic, we must lift as we rise. federal civil rights laws by: our past. That is why it is important for this That is why we must ensure minority- Excluding Black franchisees from the same Chamber to try to preserve our past. This in- growth opportunities found at safer, higher- cludes the task of establishing the former and women-owned businesses see in- volume, lower-cost stores offered to Whites. headquarters of the Southern Christian Lead- creased participation in our society. Retaliating against Black franchisees for One of the items I will include in the ership Conference, where Dr. King did his rejecting strong-arm offers to continue oper- work, alongside Congressman Lewis, as na- RECORD is a news story about 27 former ations in crime-ridden neighborhoods. tional historic sites. African-American franchisees who are Denying Black franchisees meaningful as- And, while we do this, and we emerge from suing McDonald’s, a legendary busi- sistance during financial hardships while White franchisees were routinely given such this pandemic, we must lift as we rise. That is ness, for discrimination against its own why we must ensure minority and women franchisees. support. Failing to provide any legitimate business owned businesses see increased rates in our 27 MORE BLACK EX-FRANCHISEES JOIN RACIAL reasons for repeated denials of franchise op- society. DISCRIMINATION LAWSUIT AGAINST MCDON- portunities over many years. One of the items I will be placing in the ALD’S Unfairly grading the operations of Black record is a news story about 27 former African TOTAL NUMBER OF PLAINTIFFS APPROACHING 80 restaurants, which resulted in poor internal American franchisees who are suing McDon- MIAMI, Nov. 18, 2020—Twenty-seven new reviews, effectively pushing Black alds, a legendary business, for discrimination plaintiffs, all former Black McDonald’s franchisees out of the McDonald’s system by against its own franchisees. We must ensure franchisees, joined an ongoing federal law- denying them the eligibility for growth and that all in this nation have the promise of the suit against the fast-food chain claiming the favorable franchise terms. company engaged in systemic discrimination Providing misleading projections which in- American dream, free from discrimination. and denied them the same opportunities as duced Black franchisees to purchase undesir- We must also ensure that legacy banks and White franchisees. able franchises. black-owned banks are sources of capital to The new amended complaint now has 77 The amended complaint was filed with the support financing of projects for minority com- named plaintiffs in the lawsuit originally U.S. District Court for the Northern District munities. filed by 52 Black former franchisees on Sept. of Illinois Eastern Division. And, finally, during my time in here in Cap- 1, 2020. Mr. HALL. We must ensure that all itol Hill, I have introduced many pieces of leg- The claims now include nearly 300 stores islation designed at making our criminal justice with compensatory damages that average be- in this Nation have the promise of the tween $4 million and $5 million per store, ex- American Dream free from discrimina- system fairer. But during this pandemic, we clusive of punitive damages. tion. must also not forget about our brothers and sisters that are incarcerated. A study I will The plaintiffs allege McDonald’s sold itself Mr. Speaker, I rise today mindful that I only place in the record, from The Marshall Project, as a recruiter and developer of Black talent, have a few moments to address this body profited from its Black consumer base and makes clear that incarcerated individuals are 4 from the podium so I ask unanimous consent maintained a two-tier system that pigeon- times more likely to contract COVID–19. As to place extended remarks and materials into holed unsuspecting Black owners and as- society begins the long process of distributing signed them horrible locations guaranteed to the record on all these topics but I would like and administering the vaccine, we must not fail. to briefly alert to this body the areas of con- forget them. They are no less worthy or de- This suit comes on the heels of a federal cern that I seek placed into the RECORD. class action lawsuit filed October 29 by cur- serving of medical care and should protected, The first concerns housing. In Atlanta, we for we are all God’s children. rent Black franchisees. have a tremendous opportunity to expedite the ‘‘McDonald’s is now fighting a four-front f legal war. They are being sued by current redevelopment of vacant public housing sites and former Black operators, Black employ- including: Bowen Hornes, Bankhead Court, HONORING THE LIFE OF ANDY ees and senior executives,’’ said James L. Hollywood court, Harris Hornes, Thomasville, MATSUI Ferraro, the lead attorney for both the cur- and Jonesboro North and South. And I hope (Mr. PANETTA asked and was given rent and former franchisee lawsuits. ‘‘As the the days ahead achieve that end. permission to address the House for 1 pool of plaintiffs grow, there will be more All of these sites have the potential to not minute and to revise and extend his re- pressure on the company to dispense with only incorporate affordable housing, but the marks.) the public relations ploys and focus on how it can help its Black employees and addition of grocery stores in food desserts; Mr. PANETTA. Mr. Speaker, I rise to franchisees.’’ healthcare facilities, improved access to public honor the life of floriculturist and phi- At the same time there are calls for state transportation; job and commercial centers, lanthropist, Andy Matsui, who recently pension funds to drop McDonald’s stock. quality schools and parks and greenspace. passed away at the age of 85.

VerDate Sep 11 2014 05:34 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.029 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7276 CONGRESSIONAL RECORD — HOUSE December 18, 2020 After being born and raised in a fam- that education is the only way to cent beauty from his orchids and mag- ily of farmers in Japan, Andy got an change things in this world. That is nanimous bounty for our community. educational visa to go to California and why he and his wife established the f study agriculture. He liked it so much Matsui Foundation to provide scholar- that he bought some land and estab- ships to countless students. Andy be- ADJOURNMENT lished a nursery in the Salinas Valley, in my district. lieved in our home by encouraging The SPEAKER pro tempore. Pursu- Andy produced orchids and pioneered those students to not just study, but to ant to section 4(b) of House Resolution the sale of potted orchids in stores. stay and give back to the central coast 967, the House stands adjourned until Today, the Matsui Nursery has one of of California. noon on Sunday, December 20, 2020. Thereupon (at 6 o’clock and 22 min- the greatest selections of orchids in the Our prayers are with his family. May entire world. utes p.m.), under its previous order, the But Andy didn’t just grow flowers; he Andy Matsui rest in peace with the sat- House adjourned until Sunday, Decem- grew the future for many. Andyh said isfaction that he left us with magnifi- ber 20, 2020, at noon. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the third quarter of 2020, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2020

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. ADAM SMITH, Oct. 31, 2020.

EXECUTIVE COMMUNICATIONS, EC-5973. A letter from the Regulations Co- 104-121, Sec. 251; (110 Stat. 868); jointly to the ETC. ordinator, Department of Health and Human Committees on Energy and Commerce and Services, transmitting the Department’s Ways and Means. Under clause 2 of rule XIV, executive Major final rule — Medicare Program; CY EC-5976. A letter from the Regulations Co- communications were taken from the 2021 Payment Policies Under the Physician ordinator, Department of Health and Human Speaker’s table and referred as follows: Fee Schedule and Other Changes to Part B Services, transmitting the Department’s EC-5969. A letter from the Section Chief, Payment Policies; Medicare Shared Savings Major final rule — Medicare and State Diversion Control Division, Drug Enforce- Program Requirements; Medicaid Promoting Health Care Programs: Fraud and Abuse; Re- ment Administration, Department of Jus- Interoperability Program Requirements for visions to Safe Harbors Under the Anti-Kick- tice, transmitting the Department’s Major Eligible Professionals; Quality Payment Pro- back Statute, and Civil Monetary Penalty interim final rule — Implementation of the gram; Coverage of Opioid Use Disorder Serv- Rules Regarding Beneficiary Inducements Substance Use-Disorder Prevention That ices Furnished by Opioid Treatment Pro- (RIN: 0936-AA10) received December 16, 2020, Promotes Opioid Recovery and Treatment grams; Medicare Enrollment of Opioid Treat- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law for Patients and Communities Act of 2018: ment Programs; Electronic Prescribing for 104-121, Sec. 251; (110 Stat. 868); jointly to the Dispensing and Administering Controlled Controlled Substances for a Covered Part D Committees on Energy and Commerce, Ways Substances for Medication-Assisted Treat- Drug Under a Prescription Drug Plan or an and Means, and the Judiciary. ment [Docket No.: DEA-499] (RIN: 1117-AB55) MA-PD Plan; etc. [CMS-1734-F, CMS-1734- received December 14, 2020, pursuant to 5 ICF, CMS-1744-F, CMS-5531-F, AND CMS- f U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 3401-IFC] (RIN: 0938-AU10, 0938-AU31, 0938- 251; (110 Stat. 868); to the Committee on En- AU32, AND 0938-AU33) received December 9, REPORTS OF COMMITTEES ON ergy and Commerce. 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public EC-5970. A letter from the Section Chief, Law 104-121, Sec. 251; (110 Stat. 868); jointly PUBLIC BILLS AND RESOLUTIONS Diversion Control Division, Drug Enforce- to the Committees on Energy and Commerce Under clause 2 of rule XIII, reports of ment Administration, Department of Jus- and Ways and Means. committees were delivered to the Clerk tice, transmitting the Department’s Major EC-5974. A letter from the Regulations Co- for printing and reference to the proper final rule — Implementation of the Combat ordinator, Department of Health and Human Methamphetamine Epidemic Act of 2005; Re- Services, transmitting the Department’s calendar, as follows: tail Sales; Notice of Transfers Following Im- Major final rule — Medicare Program: Hos- Mr. GRIJALVA: Committee on Natural Re- portation or Exportation [Docket No.: DEA- pital Outpatient Prospective Payment and sources. H.R. 733. A bill to provide for the 485] (RIN: 1117-AB05; 1117-AB06) received De- Ambulatory Surgical Center Payment Sys- transfer of certain Federal land in the State cember 14, 2020, pursuant to 5 U.S.C. tems and Quality Reporting Programs; New of Minnesota for the benefit of the Leech 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Categories for Hospital Outpatient Depart- Lake Band of Ojibwe (Rept. 116–665). Referred Stat. 868); to the Committee on Energy and ment Prior Authorization Process; Clinical to the Committee of the Whole House on the Commerce. Laboratory Fee Schedule: Laboratory Date state of the Union. EC-5971. A letter from the Director, Legal of Service Policy; Overall Hospital Quality Mr. GRIJALVA: Committee on Natural Re- Processing Division, Internal Revenue Serv- Star Rating Methodology; and Physician- sources. H.R. 1031. A bill to take certain land ice, transmitting the Service’s Major final Owned Hospitals [CMS-1736-FC, 1376-ICF] located in San Diego County, California, into regulations — Statutory Limitations on (RIN: 0938-AU12) received December 16, 2020, trust for the benefit of the Pala Band of Mis- Like-Kind Exchanges [TD 9935] (RIN: 1545- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law sion Indians, and for other purposes; with an BP02) received December 16, 2020, pursuant 104-121, Sec. 251; (110 Stat. 868); jointly to the amendment (Rept. 116–666). Referred to the to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Committees on Energy and Commerce and Committee of the Whole House on the state Sec. 251; (110 Stat. 868); to the Committee on Ways and Means. of the Union. Ways and Means. EC-5975. A letter from the Regulations Co- Mr. GRIJALVA: Committee on Natural Re- EC-5972. A letter from the Regulations ordinator, Department of Health and Human sources. H.R. 1162. A bill to establish a grant Writer — Federal Register Liaison, Office of Services, transmitting the Department’s program for the funding of water recycling Regulations and Reports Clearance, Social Major final rule — Fraud and Abuse; Re- and reuse projects, and for other purposes; Security Administration, transmitting the moval of Safe Harbor Protection for Rebates with an amendment (Rept. 116–667). Referred Administration’s Major final rule — Revised Involving Prescription Pharmaceuticals and to the Committee of the Whole House on the Medical Criteria for Evaluating Musculo- Creation of New Safe Harbor Protection for state of the Union. skeletal Disorders [Docket No.: SSA-2006- Certain Point-of-Sale Reductions in Price on Mr. GRIJALVA: Committee on Natural Re- 0112] (RIN: 0960-AG38) received December 9, Prescription Pharmaceuticals and Certain sources. H.R. 3723. A bill to promote desali- 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Public Pharmacy Benefit Manager Service Fees nation project development and drought re- Law 104-121, Sec. 251; (110 Stat. 868); to the (RIN: 0936-AA08) received December 16, 2020, silience, and for other purposes; with an Committee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law amendment (Rept. 116–668, Pt. 1). Referred to

VerDate Sep 11 2014 08:23 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K18DE7.031 H18DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 18, 2020 CONGRESSIONAL RECORD — HOUSE H7277 the Committee of the Whole House on the from further consideration. H.R. 3794 eign Affairs, Armed Services, and the Budg- state of the Union. referred to the Committee of the Whole et, for a period to be subsequently deter- Mr. GRIJALVA: Committee on Natural Re- House on the state of the Union. mined by the Speaker, in each case for con- sources. H.R. 4299. A bill to reauthorize sideration of such provisions as fall within through 2024 the National Geological and Pursuant to clause 2 of rule XIII, the the jurisdiction of the committee concerned. Geophysical Data Preservation Program Act Committee on Agriculture discharged By Mr. JOYCE of Ohio: of 2005; with an amendment (Rept. 116–669). from further consideration. H.R. 3879 H.R. 9030. A bill to amend the Internal Rev- Referred to the Committee of the Whole referred to the Committee of the Whole enue Code of 1986 to temporarily expand the House on the state of the Union. House on the state of the Union. deduction for business meals provided at a Mr. GRIJALVA: Committee on Natural Re- Pursuant to clause 2 of rule XIII, the restaurant; to the Committee on Ways and sources. H.R. 5153. A bill to assist Tribal gov- Committee on the Judiciary discharged Means. ernments in the management of buffalo and By Ms. MOORE: buffalo habitat and for the reestablishment from further consideration. H.R. 4479 H.R. 9031. A bill to amend title XVIII and of buffalo on Indian lands; with an amend- referred to the Committee of the Whole XIX of the Social Security to require home ment (Rept. 116–670). Referred to the Com- House on the state of the Union. health agencies to provide personal protec- mittee of the Whole House on the state of Pursuant to clause 2 of rule XIII, the tive equipment to workers and submit re- the Union. Committee on Science, Space, and lated reports, and for other purposes; to the Mr. GRIJALVA: Committee on Natural Re- Technology discharged from further Committee on Energy and Commerce, and in sources. H.R. 5347. A bill to require the Sec- addition to the Committee on Ways and retary of the Interior to establish a grant consideration. H.R. 4891 referred to the Means, for a period to be subsequently deter- program to close gaps in access to safe Committee of the Whole House on the mined by the Speaker, in each case for con- drinking water in disadvantaged commu- state of the Union. sideration of such provisions as fall within nities, and for other purposes; with an Pursuant to clause 2 of rule XIII, the the jurisdiction of the committee concerned. amendment (Rept. 116–671, Pt. 1). Referred to Committee on Energy and Commerce By Mr. MURPHY of North Carolina (for the Committee of the Whole House on the discharged from further consideration. himself, Mr. JOHNSON of South Da- state of the Union. H.R. 5347 referred to the Committee of kota, Mr. BANKS, and Mr. ABRAHAM): Mr. GRIJALVA: Committee on Natural Re- H.R. 9032. A bill to direct the Sergeants at sources. H.R. 5598. A bill to provide for the the Whole House on the state of the Arms of the House of Representatives and protection of the Boundary Waters Canoe Union. the Senate to develop an interagency plan to Area Wilderness and interconnected Federal f identify certain congressional employees lands and waters, including Voyageurs Na- with connections to the Chinese Communist tional Park, within the Rainy River Water- PUBLIC BILLS AND RESOLUTIONS Party and intent to engage in certain unlaw- shed in the State of Minnesota, and for other Under clause 2 of rule XII, public ful activities, and for other purposes; to the purposes; with an amendment (Rept. 116–672). bills and resolutions of the following Committee on House Administration. Referred to the Committee of the Whole titles were introduced and severally re- By Ms. SCHAKOWSKY (for herself and House on the state of the Union. Mr. COHEN): Mr. GRIJALVA: Committee on Natural Re- ferred, as follows: H.R. 9033. A bill to protect the rights of sources. H.R. 644. A bill to approve the set- By Mr. AMASH: college athletes and to establish the Com- tlement of the water rights claims of the H.R. 9025. A bill to amend the National Se- mission on College Athletics, and for other Navajo Nation in Utah, and for other pur- curity Act of 1947 to expand protected disclo- purposes; to the Committee on Education poses; with an amendment (Rept. 116–673). sures made by intelligence community whis- and Labor, and in addition to the Committee Referred to the Committee of the Whole tleblowers to include disclosures made to on Energy and Commerce, for a period to be House on the state of the Union. Members of Congress, and for other purposes; subsequently determined by the Speaker, in Mr. GRIJALVA: Committee on Natural Re- to the Committee on Intelligence (Perma- each case for consideration of such provi- sources. H.R. 4891. A bill to provide for the nent Select). sions as fall within the jurisdiction of the conduct of certain water security measures By Mr. AMASH: committee concerned. in the Western United States, and for other H.R. 9026. A bill to amend the Foreign In- By Ms. SCHRIER (for herself and Mr. purposes; with an amendment (Rept. 116–674, telligence Surveillance Act of 1978 to provide HUFFMAN): Pt. 1). Referred to the Committee of the clarification of the notice requirement for H.R. 9034. A bill to amend the Competitive, Whole House on the state of the Union. use of information; to the Committee on the Special, and Facilities Grant Act to include Mr. NEAL: Committee on Ways and Means. Judiciary, and in addition to the Committee agricultural climate adaptation and mitiga- H.R. 1922. A bill to amend the Internal Rev- on Intelligence (Permanent Select), for a pe- tion as a priority area addressed by the Agri- enue Code of 1986 to include certain over-the- riod to be subsequently determined by the culture and Food Research Initiative, and for counter medical products as qualified med- Speaker, in each case for consideration of other purposes; to the Committee on Agri- ical expenses; with an amendment (Rept. 116– such provisions as fall within the jurisdic- culture. 675). Referred to the Committee of the Whole tion of the committee concerned. By Mr. SMITH of Missouri (for himself House on the state of the Union. and Mr. CA´ RDENAS): Mr. GRIJALVA: Committee on Natural Re- By Mr. BEYER: H.R. 9027. A bill to authorize the Patient- H.R. 9035. A bill to amend title XVIII of the sources. H.R. 4479. A bill to temporarily pro- Social Security Act to expand accessibility vide Commonwealth-only transitional work- Centered Outcomes Research Institute to fund research of the symptoms of COVID-19, to certain telehealth services under the er permits for workers in construction occu- Medicare program; to the Committee on En- and for other purposes; to the Committee on pations involved in disaster recovery, and for ergy and Commerce, and in addition to the Energy and Commerce, and in addition to other purposes; with an amendment (Rept. Committee on Ways and Means, for a period the Committee on Ways and Means, for a pe- 116–676, Pt. 1). Referred to the Committee of to be subsequently determined by the Speak- riod to be subsequently determined by the the Whole House on the state of the Union. er, in each case for consideration of such pro- Speaker, in each case for consideration of Mr. GRIJALVA: Committee on Natural Re- visions as fall within the jurisdiction of the such provisions as fall within the jurisdic- sources. H.R. 3794. A bill to promote the de- committee concerned. tion of the committee concerned. velopment of renewable energy on public By Mr. WELCH (for himself, Ms. lands, and for other purposes; with an By Mr. BURGESS: CLARKE of New York, and Mr. LUJA´ N): amendment (Rept. 116–677, Pt. 1). Referred to H.R. 9028. A bill to establish the American H.R. 9036. A bill to amend title VI of the the Committee of the Whole House on the Nuclear Leadership Commission, and for Public Utility Regulatory Policies Act of state of the Union. other purposes; to the Committee on Energy 1978 to establish a Federal renewable elec- Mr. GRIJALVA: Committee on Natural Re- and Commerce, and in addition to the Com- tricity standard for retail electricity sup- sources. H.R. 3879. A bill to modify the proce- mittees on Foreign Affairs, and Science, pliers and a Federal energy efficiency re- dures for issuing special recreation permits Space, and Technology, for a period to be source standard for retail electricity sup- for certain public land units, and for other subsequently determined by the Speaker, in pliers and retail natural gas suppliers, and purposes; with amendments (Rept. 116–678, each case for consideration of such provi- for other purposes; to the Committee on En- Pt. 1). Referred to the Committee of the sions as fall within the jurisdiction of the ergy and Commerce. Whole House on the state of the Union. committee concerned. By Mrs. LOWEY: DISCHARGE OF COMMITTEE By Ms. JAYAPAL (for herself, Ms. H.J. Res. 107. A joint resolution making Pursuant to clause 2 of rule XIII, the NORTON, Mr. SARBANES, Ms. OMAR, further continuing appropriations for fiscal Committee on Science, Space, and and Ms. SCHAKOWSKY): year 2021, and for other purposes; to the Technology discharged from further H.R. 9029. A bill to improve the anti-cor- Committee on Appropriations. considered ruption and public integrity laws, and for consideration. H.R. 3723 referred to the and passed. other purposes; to the Committee on the Ju- By Mr. AMASH: Committee of the Whole House on the diciary, and in addition to the Committees H.J. Res. 108. A joint resolution proposing state of the Union. on Oversight and Reform, House Administra- a balanced budget amendment to the Con- Pursuant to clause 2 of rule XIII, the tion, Ways and Means, Financial Services, stitution of the United States; to the Com- Committee on Agriculture discharged Intelligence (Permanent Select), Rules, For- mittee on the Judiciary.

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By Mr. AMASH: Congress has the power to enact this legis- Mr. RYAN, Mr. LEVIN of Michigan, Mr. CON- H.J. Res. 109. A joint resolution proposing lation pursuant to the following: NOLLY, Ms. UNDERWOOD, Mr. RUPPERSBERGER, an amendment to the Constitution of the Clause 18 of Section 8 or Article 1 of the Mr. DOGGETT, Mrs. MURPHY of Florida, Ms. United States; to the Committee on the Ju- Constitution of the United States of Amer- HOULAHAN, Ms. KAPTUR, Mrs. TRAHAN, Mrs. diciary. ica. MCBATH, Mr. DESAULNIER, and Ms. ADAMS. By Ms. GABBARD: By Mr. WELCH: H.R. 1873: Mr. KATKO and Mrs. LESKO. H. Res. 1270. A resolution expressing the H.R. 9036. H.R. 2442: Ms. DELAURO. sense of the House of Representatives that Congress has the power to enact this legis- H.R. 2767: Ms. DEAN, Ms. SCANLON, Ms. no taxpayer dollars will be used to enact lation pursuant to the following: SHERRILL, Mr. PERLMUTTER, and Mr. FOSTER. sanctions that inflict suffering on civilian Article 1, Section 8, Clause 18: The Con- H.R. 2898: Mr. MICHAEL F. DOYLE of Penn- populations; to the Committee on Foreign gress shall have Power To . . . make all sylvania. Affairs. Laws which shall be necessary and proper for H.R. 2953: Mr. YOUNG and Mr. PHILLIPS. f carrying into Execution the foregoing Pow- H.R. 3316: Mr. CLEAVER and Ms. DELAURO. ers, and all other Powers vested by this Con- CONSTITUTIONAL AUTHORITY H.R. 3654: Ms. TORRES SMALL of New Mex- stitution in the Government of the United ico. STATEMENT States, or in any Department or Officer H.R. 3718: Mr. BLUMENAUER. thereof.. Pursuant to clause 7 of rule XII of H.R. 3801: Mr. TED LIEU of California and By Mrs. LOWEY: Ms. BONAMICI. the Rules of the House of Representa- H.J. Res. 107. H.R. 3874: Ms. BONAMICI. tives, the following statements are sub- Congress has the power to enact this legis- H.R. 4052: Mr. COOPER, Mr. KILDEE, and Ms. mitted regarding the specific powers lation pursuant to the following: JAYAPAL. granted to Congress in the Constitu- The principal constitutional authority for tion to enact the accompanying bill or this legislation is clause 7 of section 9 of ar- H.R. 4399: Mr. MCCAUL. H.R. 4540: Mr. HUFFMAN and Ms. ADAMS. joint resolution. ticle I of the Constitution of the United H.R. 5141: Ms. DELAURO. By Mr. AMASH: States (the appropriation power), which states: H.R. 5297: Mr. HARRIS. H.R. 9025. H.R. 5397: Mr. KIND. Congress has the power to enact this legis- ‘‘No Money shall be drawn from the Treas- H.R. 5548: Mr. THOMPSON of California, Ms. lation pursuant to the following: ury, but in Consequence of Appropriations DELBENE, and Mr. DEFAZIO. Article 1, Section 1; Article I, Section 8, made by Law . . . .’’ H.R. 5845: Mr. JOHNSON of Georgia. Clause 18. In addition, clause 1 of section 8 of article H.R. 5957: Mr. EMMER, Mr. KIND, and Mr. By Mr. AMASH: I of the Constitution (the spending power) GALLAGHER. H.R. 9026. provides: H.R. 6474: Mr. BERA. Congress has the power to enact this legis- ‘‘The Congress shall have the Power . . . to H.R. 6556: Mr. LAMALFA. lation pursuant to the following: pay the Debts and provide for the common Fourth Amendment Defence and general Welfare of the United H.R. 6676: Ms. ESCOBAR. By Mr. BEYER: States . . .’’ H.R. 6802: Mr. TIFFANY and Mr. BABIN. H.R. 9027. Together, these specific constitutional pro- H.R. 6821: Mr. GARCIA OF CALIFORNIA. Congress has the power to enact this legis- visions establish the congressional power of H.R. 6978: Mr. RUPPERSBERGER. lation pursuant to the following: the purse, granting Congress the authority H.R. 7197: Ms. TLAIB. Article I, Section 8 to appropriate funds, to determine their pur- H.R. 7847: Ms. TLAIB, Mr. CONNOLLY, Mr. By Mr. BURGESS: pose, amount, and period of availability, and SIRES, and Mr. COOPER. H.R. 9028. to set forth terms and conditions governing H.R. 7960: Mr. CASTEN of Illinois. Congress has the power to enact this legis- their use. H.R. 8193: Mr. DESAULNIER. lation pursuant to the following: By Mr. AMASH: H.R. 8196: Mrs. HAYES, Ms. OMAR, Mr. HAS- Article 1, Section 8 H.J. Res. 108. TINGS, Ms. WILSON of Florida, Mrs. BEATTY, By Ms. JAYAPAL: Congress has the power to enact this legis- Mr. COOPER, Mr. CARSON of Indiana, and Ms. H.R. 9029. lation pursuant to the following: NORTON. Congress has the power to enact this legis- Article V of the Constitution empowers H.R. 8361: Mr. BACON and Ms. HERRERA lation pursuant to the following: ‘‘[t]he Congress, whenever two thirds of both BEUTLER. This bill is enacted pursuant to the power Houses shall deem it necessary’’ to ‘‘propose H.R. 8380: Ms. MOORE. Amendments to this Constitution . . . which granted to Congress under Article I of the H.R. 8433: Mr. KILDEE, Mr. DOGGETT, Mr. . . . shall be valid to all Intents and Pur- United States Constitution and its subse- STANTON, and Mr. DANNY K. DAVIS of Illinois. poses, as Part of this Constitution, when quent amendments, and further clarified and H.R. 8485: Mr. EVANS. ratified by the Legislatures of three fourths interpreted by the Supreme Court of the H.R. 8632: Mr. CARBAJAL. of the several States, or by Conventions in United States. H.R. 8662: Ms. ESCOBAR, Ms. SLOTKIN, Mr. three fourths thereof.’’ By Mr. JOYCE of Ohio: CURTIS, and Mr. JOHNSON of Louisiana. By Mr. AMASH: H.R. 9030. H.R. 8691: Ms. CASTOR of Florida, Mrs. H.J. Res. 109. Congress has the power to enact this legis- DAVIS of California, Mr. DOGGETT, Ms. Congress has the power to enact this legis- lation pursuant to the following: JAYAPAL, and Ms. JOHNSON of Texas. lation pursuant to the following: Article I, Section 8, Clause 1. H.R. 8702: Mr. RESCHENTHALER and Mr. By Ms. MOORE: Article V of the Constitution empowers ‘‘[t]he Congress, whenever two thirds of both KEVIN HERN of Oklahoma. H.R. 9031. H.R. 8729: Mr. BLUMENAUER. Congress has the power to enact this legis- Houses shall deem it necessary’’ to ‘‘propose H.R. 8765: Mr. PALMER. lation pursuant to the following: Amendments to this Constitution . . . which H.R. 8778: Mr. THOMPSON of Mississippi. Article 1, Section 8 . . . shall be valid to all Intents and Pur- H.R. 8782: Mr. KILDEE, Ms. SHERRILL, and By Mr. MURPHY of North Carolina: poses, as Part of this Constitution, when Mr. GALLEGO. H.R. 9032. ratified by the Legislatures of three fourths H.R. 8805: Mr. BEYER. Congress has the power to enact this legis- of the several States, or by Conventions in H.R. 8809: Mr. KILDEE. lation pursuant to the following: three fourths thereof.’’ H.R. 8882: Mr. BABIN, Mr. BILIRAKIS, Mr. Article 1, Section 8 of the U.S. Constitu- f tion MURPHY of North Carolina, Ms. NORTON, Ms. By Ms. SCHAKOWSKY: ADDITIONAL SPONSORS DAVIDS of Kansas, Mr. KELLY of Mississippi, and Ms. JACKSON LEE. H.R. 9033. Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- H.R. 8884: Ms. JUDY CHU of California. ´ lation pursuant to the following: were added to public bills and resolu- H.R. 8912: Ms. ESCOBAR and Mr. GARCIA of Article I, Section 8, Clause 3 tions, as follows: Illinois. The Congress shall have Power . . . To reg- H.R. 38: Mrs. WAGNER. H.R. 8944: Mr. SCHNEIDER. ulate Commerce with foreign Nations, and H.R. 784: Mr. MCCAUL. H.R. 8995: Ms. SEWELL of Alabama and Mr. among the several States, and with the In- H.R. 1605: Mr. CARTER of Texas. PETERS. dian Tribes. H.R. 1730: Mrs. DAVIS of California, Mr. H. Con. Res. 123: Mr. BLUMENAUER. By Ms. SCHRIER: POCAN, Mr. CISNEROS, Ms. FRANKEL, Mr. COX H. Res. 114: Ms. ROYBAL-ALLARD. H.R. 9034. of California, Mr. LIPINSKI, Mr. MORELLE, H. Res. 1165: Mr. CARBAJAL. Congress has the power to enact this legis- Mr. TAKANO, Mr. DAVID SCOTT of Georgia, H. Res. 1216: Ms. JACKSON LEE. lation pursuant to the following: Ms. STEVENS, Mr. EVANS, Mr. SUOZZI, Mr. H. Res. 1256: Mr. STEIL. Article 1. TRONE, Mrs. AXNE, Mr. ROSE of New York, H. Res. 1259: Mr. BLUMENAUER. By Mr. SMITH of Missouri: Ms. MCCOLLUM, Ms. ESCOBAR, Mr. DEUTCH, H. Res. 1261: Mr. HUDSON, Mr. KELLER, and H.R. 9035. Mr. KEATING, Mrs. BEATTY, Mr. PERLMUTTER, Mr. HUIZENGA.

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Vol. 166 WASHINGTON, FRIDAY, DECEMBER 18, 2020 No. 215 Senate The Senate met at 10 a.m. and was Representative-Elect Miller-Meeks and I have been working around the called to order by the President pro won by six votes, and that was after clock for several days now. The talks tempore (Mr. GRASSLEY). careful recounts conducted and cer- remain productive. In fact, I am even f tified on a bipartisan basis according more optimistic now than I was last to Iowa law. On election night, the night that a bipartisan, bicameral PRAYER Democratic candidate lost. A few days framework for a major rescue package The Chaplain, Dr. Barry C. Black, of- later, two counties were recounted, and is very close at hand. fered the following prayer: the Democratic candidate still lost. Well, let’s face it, though, it doesn’t Let us pray. Then the Democratic candidate asked help struggling Americans keep their O God, our shield and fortress, we for a recount of all 24 counties, and jobs or endure unemployment or pay thank You for Your unfailing love. after that recount, the Democratic their rent or get vaccines any faster to Look with favor upon our Senators. candidate lost. A day later, the sec- keep hearing that we are having good Guide them around the obstacles that retary of state of Iowa certified the discussions. What families across the hinder their progress, uniting them for election, just like the secretaries of country deserve—what they have need- the common good of this great land. state of our 50 States certified their ed and deserved for months now—is an Lord, enable them to go from strength elections in the Presidential election. outcome, another targeted relief pack- to strength as they fulfill Your pur- Now the Democratic opponent chose age to get more assistance into their poses for their lives in this generation. not to make a case under Iowa law to hands as fast as possible. Striving to please You, help them to a judicial panel headed by the chief Struggling small business owners stand for right and leave the con- justice of Iowa, presumably because have already waited too long for a tar- sequences to You. Lord, give them a there was no legal case. geted second round of PPP. Laid-off sense of partnership with You in seek- Now what happens? The next step is workers have already waited too long ing Your best for all phases of our na- that candidate, under a 1969 Federal to have expiring programs extended. Kids, teachers, and families have al- tional life. law, can ask the House of Representa- We pray in Your mighty Name. ready waited too long for funding to tives to set aside Iowa’s election law Amen. help schools reopen safely. We have al- and overturn Iowa’s certified election ready waited too long to fully fund vac- f results through a purely political proc- cine distributions so our scientists’ his- ess, which could presumably have a PLEDGE OF ALLEGIANCE toric sprint toward a safe and effective Democratic majority of 222 in the U.S. The President pro tempore led the vaccine is followed up by an equally House overturn the votes of 400,000 Pledge of Allegiance, as follows: important logistical effort. I pledge allegiance to the Flag of the Iowans. This has been an unbelievably hard United States of America, and to the Repub- Now, getting back to what seems to year for our country. We have seen nor- lic for which it stands, one nation under God, be a double standard, if Democratic mal daily life grind to a halt and take indivisible, with liberty and justice for all. leaders do not nip this in the bud now, a record-setting economy right down The PRESIDING OFFICER (Mr. ROM- they have no room to point fingers at with it. And even as we have watched NEY). The Senator from Iowa. any other Member of Congress. doctors, nurses, and researchers make f I yield the floor. lifesaving history, we have lost more 2020 ELECTION f than 300,000 Americans entirely too soon. Mr. GRASSLEY. Mr. President, there RECOGNITION OF THE MAJORITY LEADER Like I have said, the Senate will be has been a lot of finger wagging across right here until an agreement is the aisle by both Senate and House The PRESIDING OFFICER. The ma- passed, whenever that may be. We will Democrats about accepting election re- jority leader is recognized. just continue voting. There are some sults. Most of that has been related to f more well-qualified nominees for im- whether or not Trump would concede CORONAVIRUS portant posts that we can confirm in the results of the election to Biden. the meantime. So let’s finish our busi- But, obviously, there is somewhat of a Mr. MCCONNELL. Mr. President, our ness for the American people. double standard because these same bipartisan discussions are continuing f Democrats are mum about a looming to make significant headway toward challenge to the certified results of the another relief package for the Amer- TRIBUTE TO PHIL MAXSON election of Iowa’s Second Congres- ican people. The Democratic leader, Mr. MCCONNELL. Now, on a com- sional District. Speaker PELOSI, Leader MCCARTHY, pletely different matter, Mr. President,

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7647

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VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.000 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7648 CONGRESSIONAL RECORD — SENATE December 18, 2020 I jump at any opportunity to praise my Coach Calipari, President Netanyahu, The PRESIDING OFFICER. Without incredible staff. I am just sorry that and families from Kentucky’s smallest objection, it is so ordered. one natural occasion is when great peo- towns. And they all got exactly the f ple head toward the exits. same attention, enthusiasm, and Phil Maxson of Lexington, KY, has warmth from Phil Maxson. RESERVATION OF LEADER TIME mastered one of the toughest jobs on He clicks with everyone. He is as af- The PRESIDING OFFICER. Under Capitol Hill. As chief of staff for my fable as he is intelligent. In a town full the previous order, the leadership time personal office, he oversees the oper- of big egos and sharp elbows, he stands is reserved. ation that delivers for Kentucky fami- out because he doesn’t try to stand out. f lies and Kentucky priorities. For the better part of a decade, vir- Here is what that role means in our tually every significant win we have CONCLUSION OF MORNING tight-knit organization. It is like being notched for our Commonwealth has BUSINESS the player-coach on an old baseball had Phil at its nucleus. But if you drop team who is also a utility player at the The PRESIDING OFFICER. Morning by the staff meeting the day after, business is closed. same time. Phil wears about 10 hats what you would hear is Phil explaining each day, orchestrating a seamless op- why everyone else deserves more credit f eration. He has mastered policy, polit- than he does, why it really all came EXECUTIVE SESSION ical strategy, messaging, and con- down to my leadership or his peers’ ef- stituent services. He has budgeted and forts or the hard work of the junior managed the office itself, and Phil is folks beneath him—in other words, ev- EXECUTIVE CALENDAR also a liaison and colleague to my lead- eryone else but him. The PRESIDING OFFICER. Under ership office here in the Capitol. You would have to go to everyone He is the linkage between the two the previous order, the Senate will pro- else to learn that Phil was the human ceed to executive session to resume sides of my operation, the single person glue that, in fact, held it all together. most responsible for helping me har- consideration of the following nomina- It would take me all day to list every tion, which the clerk will report. monize home-State priorities with my win Phil helped quarterback for our national duties and keep the Common- The senior assistant legislative clerk home State: a state-of-the-art chem- read the nomination of Fernando L. wealth at the center of all I do. It is a ical weapons destruction facility in tall order. It takes the best of the best, Aenlle-Rocha, of California, to be Madison County, the transfer of the someone who is so capable that every United States District Judge for the Rochester Dam to local ownership, a important issue will involve them, but Central District of California. new wildlife refuge in Henderson Coun- so humble that situations never be- The PRESIDING OFFICER. The Sen- ty, environmental cleanup and health come about them. Enter Phil Maxson— ator from Oklahoma. benefits for nuclear workers in Padu- a kind, cheerful, and unbelievably con- cah, the planned construction of a new DECEMBER 19 fident servant leader whom I am con- VA hospital in Louisville, Freedom to Mr. INHOFE. Mr. President, I want vinced nobody in this planet dislikes. to make an observation here because I Phil climbed the Capitol Hill ladder Fish and the raising of Lake Cum- berland, and many, many more. have been serving for quite some time the old-fashioned way. He joined my in the U.S. Senate, and a lot of the team as an intern a decade ago. Actu- But, alas, his dedication to Kentucky is so all-encompassing that he and his things that are said on the Senate floor ally, I think Phil may have snuck a are not really all that significant, and late application into a last-minute wife Sarah Beth have decided they don’t want to raise their young family yet the Members who are delivering opening. If I am right about that, then messages believe they are or they his good fortune was ours as well. anywhere else. So ‘‘Bee and Phil on Capitol Hill’’—as wouldn’t be doing it. This is what it is He has done every job: legislative all about. This is a deliberative body. correspondent, legislative assistant, friends have called them—plus their two boys, Barbour and Theodore, are Some things are maybe not all that legislative director, and then the top significant, but what I am about to say spot. homeward bound. is significant, so I would like to have As one of his old bosses reminded me I made the same decision myself as a the attention of anyone who wants to recently, ‘‘every time a gap in the of- young man, trading in the life of a Sen- fice appeared, Phil was the natural ate staffer for a move back home. So I know that in the midst of all of the choice’’ to fill it. It is not like he el- can’t exactly fault his decision. problems that we are facing now, some bowed his way up. It is that cir- Phil needs to spend fewer breakfasts good things are happening. cumstances and our needs kept pulling and dinners with me and more with his I want to mention something that is him up. He is that good. own burgeoning clan. I get it, but I am significant that I don’t think you have For the past decade, Phil has walked sure sorry to see him go. thought of, I say to the Presiding Offi- into every meeting, every markup, Phil is the kind of Senate all-star cer; that is, tomorrow is the 354th day every normal day at the office, and who deserves a full-dress curtain call. of the year, and that is very signifi- every grueling far-flung codel with He deserves toasts and a dinner and a cant. That is December 19. People have total preparation, complete profes- big farewell party. I regret that in not stopped to realize the significant sionalism, and the score of the latest these bizarre pandemic times, a floor things that have happened on Decem- UK game. speech will have to suffice, at least ber 19 throughout our history and the Another former supervisor of his put right now. history of the world, going all the way it this way: ‘‘I don’t think I ever asked So, Phil, thank you for your years of back to December 19 of the year 1154. Phil a single question he didn’t already dedication to the State we both love. That is when Henry II became King of know the answer to, or didn’t find the We will miss your brain. We will miss England. We haven’t really thought answer within about 10 minutes.’’ That your heart. You are leaving behind one about what that means to us today, but is high praise when your portfolio heck of a fan club all throughout the we will before long. ranges from U.S.-Burma relations to U.S. Senate. We wish you all the best In 1843, December 19, Charles Dickens the BUILD grants that improve our in the chapters ahead. wrote ‘‘A Christmas Carol.’’ That is the roads and everything in between. I suggest the absence of a quorum. most watched, listened to, and sung It helps that Phil is a Kentucky thor- The PRESIDING OFFICER. The event every Christmas. And it has been oughbred through and through. The clerk will call the roll. for all that time. man really is ‘‘dyed in the bluegrass.’’ The senior assistant legislative clerk In 1932, December 19, the British As a young man in Lexington, he found proceeded to call the roll. Broadcasting Corporation—that is the part-time work giving tours at Henry The PRESIDING OFFICER. The Sen- BBC; we are all familiar with that—but Clay’s Ashland estate. He also grad- ator from Oklahoma. that is when it started. On December uated from Henry Clay High School. Mr. INHOFE. Mr. President, I ask 19, they began transmitting overseas. You could say the Senate was a nat- unanimous consent that the order for That was the beginning of a whole new ural destination. Here, he met UK the quorum call be rescinded. world of knowledge and understanding.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7649 In 1950, December 19, NATO named defense of our country. They relate to ning and honest with the American General Dwight D. Eisenhower as su- issues which are thorny, political people, as well, about the nature of this preme commander of the Western Eu- issues that shouldn’t slow down these threat. Instead, this President has been ropean defense forces. critical programs. silent. Then, in 1972, December 19, Apollo 17, This authorization bill comes at an I recall not that long ago, a few the last of the Apollo moon landings, exceptional time. We have been learn- months ago, we disclosed—we found returned to Earth. ing over the last few weeks about a evidence that the Russians were offer- Then, in 1984, December 19—I remem- massive cyber security breach of our ing bounties on the heads of American ber this well because I was in Hong government, probably by the Russians. soldiers in Afghanistan. It is an out- Kong when this happened—that was It has all the earmarks and finger- rageous and unthinkable act. Yet the when China signed an accord returning prints of Vladimir Putin project to White House was silent, refused to re- Hong Kong to the Chinese sovereignty. compromise our national security and spond to what I know—because I have A lot of people thought it was a good to create chaos whenever possible. We seen it—was credible evidence that this idea at the time to accept the people learned of it 4 years ago in the 2016 was linked directly to Moscow and the from Hong Kong. I was there, and look election, when every intelligence agen- operatives of the Russian Government. what has happened now after all these cy of our government agreed that the The attempted assassination of years. I would have to say that created Russians were meddling in our election Navalny, the dissident in Russia, has a hysteria that has continued to this and doing their best to subvert the will been well documented. Yet, again, our day. of the American people. White House, our President are silent. Then, in 1998, December 19, U.S. We made strong statements in oppo- I don’t understand it. President Bill Clinton was impeached. sition to it, and we took action. Some I am hopeful that the new President, I was there for that one too. That was of it has been publicly reported, and Joe Biden, when he takes office Janu- December 19, 1998. some of it has been disclosed to Mem- ary 20, will make it a priority to estab- The event that is more significant by bers of Congress in a classified setting. lish a new understanding and relation- a landslide is what happened on Decem- We were successful in thwarting their ship with Vladimir Putin. The United ber 19 of 1959. On December 19, 1959, my efforts in the 2018 election. I want to States cannot be a victim of Putin over wife Kay and I got married. That salute all of those who were responsible and over again without speaking out— makes tomorrow our 61st wedding an- for that effort. In 2020, I believe the and more. I am counting on Joe Biden niversary. Just look at all of the beau- same can be said. We will know more to do that. I believe he will. He is a re- ty that has followed us—20 kids and as we sift through the evidence. alist. I know he wants peace in the grandkids, all of that in a 61-year pe- This latest disclosure is really trou- world, and I do, too, but we also must riod of time. bling. We believe that beginning in defend this country. The men and What I want to say is the beautiful March of this year, the Russians start- women in uniform who risk their lives life that we are still having together— ed compromising our cyber security every single day should be our highest and, Kay, I love you more now than I network in many different ways. Every priority. did 61 years ago. day there is a new disclosure of an- I am heartened by Joe Biden’s clos- I say to the Senate leadership that other agency that reports that they ing that he is using in all of his public you better get this last vote done by have somehow wheedled their way into speeches now. He, of course, says it tonight or you will have to do it with- this important, critical information. more artfully than I will, but he calls out me because I am going to be with How much they know, what they have on God to bless America but also God Kay on our anniversary on Saturday, gained, how much they have com- to keep our troops safe. I am sure it our 61st wedding anniversary. promised us, we don’t know yet. It cer- has special meaning to him since the To everyone else out there, as you tainly is unnerving, and it deserves a death of his son Beau is a reminder of celebrate the birth of Christ at Christ- very thorough—thorough—investiga- the sacrifices that not only the men mastime, I am going to say to you: tion as to how we failed. and women in uniform but their fami- Merry Christmas and God bless you. You see, the United States was not lies make for us every single day. I I yield the floor. taking anything for granted. We were hope that continues to be the watch- The PRESIDING OFFICER. The as- literally spending billions—billions—of word of his administration. sistant minority leader. dollars for the safety of the security CORONAVIRUS NATIONAL DEFENSE AUTHORIZATION ACT systems. We knew that included in Mr. President, there is not much ac- Mr. DURBIN. Mr. President, I am those systems was information which tivity on the floor of the Senate today. sorry I didn’t come to the floor quickly is essential for the protection of the I hope there will be before the end of enough to wish my friend Jim Inhofe United States. To think that has been the day. The leaders in the Senate and and his wife the best. He is one of the compromised at the hands of one of our House—Democrat and Republican—as real contributors in the U.S. Senate implacable foes is certainly unnerving. well as the White House, with Treasury and has been for years. He is a special I believe we should initiate a thorough Secretary Mnuchin, are fast at work, individual. He decided to take an inter- and complete investigation, let the we are told, establishing a COVID–19 est in the continent of Africa. I don’t chips fall where they may, establish relief bill. know that there is another Senator where we have failed from a technology I was part of an effort, which the Pre- who knows as much about that con- viewpoint, and if any individuals are siding Officer also shared in. It was a tinent as he does. He has been there so responsible, that they be held account- volunteer activity that involved about many times. His stories, many of them, able. 3 weeks of endless telephone con- relate to countries that few people At the same time, I have to say that ferences and Zoom calls. Staff sup- have heard of. He has made a special I join the Presiding Officer in com- ported us all the way or we couldn’t point to understand that continent, the menting on one particular aspect of have done it. people on it, in addition to his respon- this that I just can’t understand. The But it started off with eight of us sibilities serving the State of Okla- White House has been virtually silent eating dinner one night and deciding to homa and, of course, now, as chairman as all of these facts have unfolded by come together as a group to see if we of the Armed Services Committee, his the day. I cannot understand that— could break the logjam. The whole no- responsibility for funding the Depart- why the Commander in Chief of the tion of COVID–19 relief was dead in the ment of Defense. He and our Demo- United States of America has not spo- water for some reason—no action, no cratic colleague, Senator JACK REED of ken out forcefully against the Russians activity. Rhode Island, have done a remarkable for their involvement in this cyber se- We remember back in March when bipartisan job on that Defense author- curity breach, why he has not likened Congress—particularly, I remember the ization, let me add. this to a virtual invasion of the United Senate, by a vote of 96 to 0, passed, on I sincerely hope that the President States when it comes to our own na- a bipartisan basis, the largest relief will sign that bill. His objections to it tional security. I believe that we bill in the history of the United States. have nothing to do with the military or should have been firm from the begin- It was over $3 trillion in the CARES

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.003 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7650 CONGRESSIONAL RECORD — SENATE December 18, 2020 Act, which was for addressing and lions for airports, including millions of tragedy if we saw this government fighting the pandemic as its first pri- dollars for Illinois airports and airline come to a close for any reason at any ority, but, secondly, trying to rescue relief as well. We provided more than $1 time. And certainly, at this moment, our floundering economy. billion in funding for Amtrak to pre- when our economy is so tenuous and Thank goodness we did that, and we vent further furloughs, provided mil- our worries are so large over the came together. We hoped that it would lions in payroll support to protect jobs healthcare of our Nation, we shouldn’t be a short-lived requirement, but it of thousands of Illinois airline workers, allow this to occur. I pray that the ne- turned out to be much longer. Many of and provided funding to help struggling gotiators will be able to spend good us anticipated that by the middle of Illinois bus companies keep their work- time today and report to us soon that this year things would have come ers on the job. they have reached an agreement. It is under control. We know, sadly, that is That is not the end of the list, by any time for us to get our work done. not the case. means. Part of the money we put in And like Senator INHOFE, who is There has been a call ever since to here was for the logistics of the vac- going home for his 61st anniversary, step back into this theater of con- cinations which are now taking place many of us are anxious to return to our frontation with this pandemic and the across the United States. We provided homes and families. We won’t have the weakening economy. But for some rea- some. I think the negotiators are add- expansive Christmas this year that we son—and I won’t point fingers—we ing to the amount, and I applaud them have had in the past. We won’t be re- have been unable to reach any bipar- for that. uniting with children and grand- tisan agreement. What we left out of this, I think, was children who really make the holiday, Well, eight of us willful Senators— significant too. We did not provide any but we are looking at the long run. The four Democrats and four Republicans— direct assistance to State and local long run is we want to be around for set out to try and get the conversation governments. This morning, I got on next Christmas. Instead of one tree, we started and see what we could agree on. the telephone with a group that has are going to have two to make up for It was a great experience. Even though been kind enough to volunteer for this year. there were parts of it where we could many years to consider the applica- I yield the floor. not agree, and there was a lot of frus- tions of individuals in Illinois who I suggest the absence of a quorum. tration, there was also a lot that was want to attend our service academies. The PRESIDING OFFICER. The constructive and encouraging. Some of these people have been doing clerk will call the roll. At the end of the day, we produced this for 20 years. I really respect them The senior assistant legislative clerk two documents. One of these docu- and thank them for doing it. I tried to proceeded to call the roll. ments was a $748 billion consensus doc- take myself out of that consideration Mr. CRUZ. Mr. President, I ask unan- ument, which spelled out the things so no one can ever claim political con- imous consent that the order for the that we thought were essential as part sideration was taken in any way. quorum call be rescinded. of any COVID relief package—extend- One of the persons who did part of The PRESIDING OFFICER. Without ing unemployment benefits for 16 the meeting this morning was Skip objection, it is so ordered. weeks, including for about 160,000 peo- Lee. Skip is the mayor of Sterling, IL. f ple in my State who claim the pan- He said to me: Senator, can you pro- NATIONAL AERONAUTICS AND demic unemployment assistance and vide any help for COVID relief for SPACE ADMINISTRATION AU- 248,000 who claim pandemic emergency towns like Sterling, IL? THORIZATION ACT OF 2019 unemployment compensation. Millions I said: Skip, there will be some help, of Americans—12 million Americans I think, but it won’t be the kind of help Mr. CRUZ. Mr. President, in a few will lose their unemployment com- that I wanted. moments, I am going to ask unanimous pensation on the day after Christmas. I do believe we should help State and consent for the Senate to pass S. 2800, Imagine that. local governments. I have been re- which is the bipartisan NASA Author- We also, in this bill, provided assist- minded by the Presiding Officer and ization Act. Before doing so, I want to ance for small businesses, including the others that every State is not the make some brief remarks about how second round of Paycheck Protection same, every locality is not the same. important this legislation is to Amer- Program loans for the hardest hit busi- Some have suffered real losses in rev- ican leadership in space and to our con- nesses; extended the eviction morato- enue directly related to COVID–19 and tinued space exploration efforts. rium through January 31, 2021, pro- some have prospered. It just depends on Well over a year ago, I joined with viding emergency rental assistance to your circumstances. Chairman WICKER, Ranking Member help families stay in their homes; pro- In my circumstance, the State of Illi- CANTWELL, and Subcommittee on Avia- vided funding for hospitals and clinics nois has paid a heavy price as a State tion and Space Ranking Member for testing and to quickly and fairly and in the localities as well. We do not SINEMA, and we began writing the distribute vaccines, including $500 mil- include the direct relief for State and NASA Authorization Act, using as a lion to Illinois for testing and vaccine local governments, which I hoped foundation the bipartisan bill that I distribution and $1.5 billion for Illinois would be part of this agreement. had previously authored with Senators hospitals and healthcare providers. I hope we can return to that issue CORNYN, RUBIO, MARKEY, and then-Sen- We provided $82 billion nationwide soon, very quickly—after the first of ator Bill Nelson, from the last Con- for education—$54 billion for K–12, $20 the year, perhaps, with the new Presi- gress, as our starting point. We solic- billion for higher ed. We extended the dent—and find a way to provide this re- ited input from hundreds of stake- Federal student loan forbearance from lief. holders, from individuals and aca- its current expiration, January 31, 2021, The alternative is awful. I know what demics to industry partners and even through April 30, 2021. is going to happen to a lot of the local our international allies. Hundreds of We provided $10 billion nationwide of budgets. Police officers are going to be pages of suggestions, proposed edits, much needed support for the struggling furloughed—firefighters, teachers, and comments were submitted. Over childcare sector. healthcare workers—just at a moment many months, our staffs worked dili- We addressed hunger by increasing in time when we need them the most. gently through each and every submis- SNAP benefits for nearly 2 million in- Many of these communities will be un- sion, trying to incorporate the feed- dividuals in my State and millions able to continue providing those very back to the greatest extent possible, more across the United States and by fundamental services to keep us safe. I and what resulted is this bill, which providing funding for food banks and hope we can get back to that as quick- was marked up last year and unani- senior nutrition programs, serving ly as possible. mously reported. more than 1.5 million people in Illinois. Finally, let me say that we are all What we have achieved together is We provided billions for transit, in- anxious to fund this government at legislation that enjoys deep and broad cluding hundreds of millions of dollars midnight tonight when the continuing bipartisan support and that sets bold for Illinois transit agencies and help resolution, which we passed several goals for NASA and the United States for Amtrak as well. We provided bil- months, ago expires. It would be a real in space. It provides the direction and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.005 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7651 the infrastructure necessary to meet the Appropriations Subcommittee that Mr. CRUZ. Therefore, as if in legisla- them. I am very proud of the work we funds NASA, to outline these concerns. tive session, I ask unanimous consent have done together and of this legisla- Mr. VAN HOLLEN. I thank my col- that the Senate proceed to the imme- tion we have assembled, and I want to league. First, section 702 references diate consideration of Calendar No. 525, express particular thanks to Senators how NASA should select multi-institu- S. 2800. WICKER, CANTWELL, and SINEMA and to tion consortia and university affiliated The PRESIDING OFFICER. The their staffs for their hard work. research centers, inserting Congress clerk will report the bill by title. Our bill strengthens U.S. leadership into an agency-specific process that is The legislative clerk read as follows: in space, ensuring that we remain the broadly governed by existing authori- A bill (S. 2800) to authorize programs of the default space exploration partner of ties in title 5 and title 41 of the U.S. National Aeronautics and Space Administra- the world. It extends the life of the Code, which make such selections tion, and for other purposes. International Space Station through based on technical merit alone and not There being no objection, the Senate 2030, and it challenges us to be the political influence. We are deeply con- proceeded to consider the bill, which international leader for lunar and Mars cerned about the committee’s explicit had been reported from the Committee exploration and to reach new horizons. delineation of this authority for NASA, on Commerce, Science, and Transpor- It is not just human exploration, given that such authority already ex- tation, with an amendment to strike though. By working in a collegial and ists and NASA currently does not have all after the enacting clause and insert good-faith manner, we were able to any university affiliated research cen- in lieu thereof the following: craft a product that strengthens all of ters so designated. We believe that SECTION 1. SHORT TITLE; TABLE OF CONTENTS. NASA’s core missions—something such language should never become law (a) SHORT TITLE.—This Act may be cited as which benefits not just States with as it implies that Congress is trying to the ‘‘National Aeronautics and Space Adminis- strong NASA equities but every Amer- force NASA to establish such a center tration Authorization Act of 2019’’. ican. It is amazing what strong, unified or consortia even though NASA does (b) TABLE OF CONTENTS.—The table of con- leadership can do to bring the Members not see the need for one. tents of this Act is as follows: of this body together, working to pass Second, sections 818 and 819 call for Sec. 1. Short title; table of contents. vitally important legislation that ad- short order reports from NASA on cre- Sec. 2. Definitions. vances science and technology and na- ating a Space Resources Institute and TITLE I—AUTHORIZATION OF tional security and the interests of our Center for Space Weather Technology APPROPRIATIONS Nation. that could allow NASA to bypass ex- Sec. 101. Authorization of appropriations. I want to say again how grateful I am tensive consultation with the scientific TITLE II—HUMAN SPACEFLIGHT AND to my colleagues who worked on this and aerospace communities and with- EXPLORATION bill with me and to state just how out the benefit of independent peer re- Sec. 201. Advanced cislunar and lunar surface proud I am that the Senate is speaking view under the auspices of the National capabilities. Sec. 202. Space launch system configurations. with one, unified voice in passing this Academy of Sciences. Sec. 203. Advanced spacesuits. legislation. This is following a tradi- These are the concerns my colleague Sec. 204. Life science and physical science re- tion that we have seen in the past 8 and I have. search. years I have served in this body, where, Mr. CARDIN. Will the Senator from Sec. 205. Acquisition of domestic space trans- on the question of space, we have seen Washington confirm that it is not the portation and logistics resupply over and over again strong bipartisan committee’s intention or desire to services. cooperation. Even at a time when par- force NASA to establish a university Sec. 206. Rocket engine test infrastructure. affiliated research center or to see ei- Sec. 207. Indian River Bridge. tisan division pulls us apart in so many Sec. 208. Value of International Space Station other areas, on the question of Amer- ther sections 818 or section 819 enacted and capabilities in low-Earth ica’s leading the world in space, the without sufficient peer review, to avoid orbit. U.S. Senate speaks with one voice. even the appearance of a perception Sec. 209. Extension and modification relating to We have a real opportunity here to that any favorable recommendation is International Space Station. boldly shape the Nation’s space explo- predesignated for a specific institution Sec. 210. Department of Defense activities on ration efforts, to inspire new genera- or set of institutions? International Space Station. tions of little boys and little girls gaz- Ms. CANTWELL. The Senator from Sec. 211. Low-Earth orbit commercialization. Maryland is correct. The Commerce Sec. 212. Maintaining a national laboratory in ing up at the stars and wondering what space. is out there, and to make the United Committee has no intention of trying Sec. 213. International Space Station national States a true space-faring nation. to pressure NASA to establish a uni- laboratory; property rights in in- While this bill is not going to pass versity affiliated research center un- ventions. the House of Representatives during less NASA leadership identifies a tech- Sec. 214. Data first produced during non-NASA the remainder of this Congress, I look nical need for a mission requirement scientific use of the ISS national forward to the beginning of the next that the agency cannot satisfy through laboratory. Congress, where we can use this unani- the standard competitive processes. In Sec. 215. Royalties and other payments received for designated activities. mously approved legislation as the addition, the intended results of the re- Sec. 216. Steppingstone approach to explo- starting point to move quickly to pass ports called for in sections 818 and 819 ration. a comprehensive NASA Authorization should not be viewed as seeking to Sec. 217. Technical amendments relating to Act across the finish line and get it avoid either peer review by the Na- Artemis missions. signed into law. tional Academy of Sciences or very TITLE III—SCIENCE Mr. CARDIN. Mr. President, will the broad consultation with the scientific Sec. 301. Science priorities. Senator from Washington and the Dis- and aerospace communities. Sec. 302. Lunar discovery program. tinguished Ranking Democrat on the Mr. CARDIN. I thank the Senator for Sec. 303. Search for life. Senate Commerce, Science and Trans- her assurances and ask her, knowing Sec. 304. James Webb Space Telescope. portation Committee yield for a col- that the future of this bill’s fate in this Sec. 305. Wide-Field Infrared Survey Telescope. Congress is uncertain, if she will agree Sec. 306. Satellite servicing for science missions. loquy on some issues related to the Sec. 307. Earth science missions and programs. committee’s substitute for S. 2800? that she will work with my colleague Sec. 308. Science missions to Mars. Ms. CANTWELL. I would be de- from Maryland and me to fix these pro- Sec. 309. Planetary Defense Coordination Of- lighted to yield to the senior Senator visions to our satisfaction early in the fice. from Maryland and his colleague, Sen- next Congress before a new NASA au- Sec. 310. Suborbital science flights. ator VAN HOLLEN. thorization bill is introduced? Sec. 311. Earth science data and observations. Mr. CARDIN. The Commerce Com- Ms. CANTWELL. The Senator has Sec. 312. Sense of Congress on small satellite mittee substitute, as proposed, con- my assurance to work to accommodate science. Sec. 313. Sense of Congress on commercial space tains three provisions that are cause his concerns and those of his colleague services. for concern for my colleague and me. I from Maryland before we proceed on Sec. 314. Procedures for identifying and ad- would yield to my colleague from any comparable legislation in the 117th dressing alleged violations of sci- Maryland, a distinguished member of Congress. entific integrity policy.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 6343 E:\CR\FM\G18DE6.006 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7652 CONGRESSIONAL RECORD — SENATE December 18, 2020 TITLE IV—AERONAUTICS Sec. 822. Report on utilization of commercial (B) to collaborate with commercial and inter- Sec. 401. Short title. space ports licensed by Federal national partners to establish sustainable lunar Sec. 402. Definitions. Aviation Administration. exploration by 2028; and Sec. 403. Experimental aircraft projects. Sec. 823. Active orbital debris mitigation. (3) in carrying out the Artemis program, the Sec. 404. Unmanned aircraft systems. Sec. 824. Study on commercial communications Administration should ensure that the entire Sec. 405. 21st Century Aeronautics Capabilities services. Artemis program is inclusive and representative Initiative. SEC. 2. DEFINITIONS. of all people of the United States, including Sec. 406. Sense of Congress on on-demand air In this Act: women and minorities. transportation. (1) ADMINISTRATION.—The term ‘‘Administra- (b) LANDER PROGRAM.— Sec. 407. Sense of Congress on hypersonic tech- tion’’ means the National Aeronautics and (1) IN GENERAL.—The Administrator shall fos- nology research. Space Administration. ter the flight demonstration of not more than 2 human-class lunar lander designs through pub- TITLE V—SPACE TECHNOLOGY (2) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of the National lic-private partnerships. Sec. 501. Space Technology Mission Directorate. Aeronautics and Space Administration. (2) INITIAL DEVELOPMENT PHASE.—The Admin- Sec. 502. Flight opportunities program. (3) APPROPRIATE COMMITTEES OF CONGRESS.— istrator may support the formulation of more Sec. 503. Small Spacecraft Technology Program. Except as otherwise expressly provided, the term than 2 concepts in the initial development Sec. 504. Nuclear propulsion technology. ‘‘appropriate committees of Congress’’ means— phase. Sec. 505. Mars-forward technologies. (A) the Committee on Commerce, Science, and (c) REQUIREMENTS.—In carrying out the pro- Sec. 506. Prioritization of low-enriched uranium Transportation of the Senate; and gram under subsection (b), the Administrator technology. (B) the Committee on Science, Space, and shall— Sec. 507. Sense of Congress on next-generation Technology of the House of Representatives. (1) enter into industry-led partnerships using communications technology. (4) CISLUNAR SPACE.—The term ‘‘cislunar a fixed-price, milestone-based approach; TITLE VI—STEM ENGAGEMENT space’’ means the region of space beyond low- (2) to the maximum extent practicable, encour- Sec. 601. Sense of Congress. Earth orbit out to and including the region age reusability and sustainability of systems de- Sec. 602. STEM education engagement activi- around the surface of the Moon. veloped; ties. (5) DEEP SPACE.—The term ‘‘deep space’’ (3) ensure availability of 1 or more lunar polar Sec. 603. Skilled technical education outreach means the region of space beyond low-Earth science payloads for a demonstration mission; program. orbit, including cislunar space. and Sec. 604. National space grant college and fel- (6) DEVELOPMENT COST.—The term ‘‘develop- (4) to the maximum extent practicable, offer lowship program. ment cost’’ has the meaning given the term in existing capabilities and assets of NASA centers to support these partnerships. TITLE VII—WORKFORCE AND INDUSTRIAL section 30104 of title 51, United States Code. BASE (7) ISS.—The term ‘‘ISS’’ means the Inter- SEC. 202. SPACE LAUNCH SYSTEM CONFIGURA- national Space Station. TIONS. Sec. 701. Appointment and compensation pilot (8) ISS MANAGEMENT ENTITY.—The term ‘‘ISS (a) MOBILE LAUNCH PLATFORM.—The Admin- program. management entity’’ means the organization istrator is authorized to maintain 2 operational Sec. 702. Establishment of multi-institution con- with which the Administrator has entered into a mobile launch platforms to enable the launch of sortia and university-affiliated re- cooperative agreement under section 504(a) of multiple configurations of the Space Launch search centers. the National Aeronautics and Space Adminis- System. Sec. 703. Expedited access to technical talent tration Authorization Act of 2010 (42 U.S.C. (b) EXPLORATION UPPER STAGE.—To meet the and expertise. 18354(a)). capability requirements under section 302(c)(2) Sec. 704. Report on industrial base for civil (9) NASA.—The term ‘‘NASA’’ means the Na- of the National Aeronautics and Space Adminis- space missions and operations. tional Aeronautics and Space Administration. tration Authorization Act of 2010 (42 U.S.C. Sec. 705. Separations and retirement incentives. (10) ORION.—The term ‘‘Orion’’ means the 18322(c)(2)), the Administrator shall continue Sec. 706. Confidentiality of medical quality as- multipurpose crew vehicle described in section development of the Exploration Upper Stage for surance records. 303 of the National Aeronautics and Space Ad- the Space Launch System with a scheduled TITLE VIII—MISCELLANEOUS PROVISIONS ministration Authorization Act of 2010 (42 availability sufficient for use on the third Sec. 801. Contracting authority. U.S.C. 18323). launch of the Space Launch System. Sec. 802. Authority for transaction prototype (11) OSTP.—The term ‘‘OSTP’’ means the Of- (c) BRIEFING.—Not later than 90 days after projects and follow-on production fice of Science and Technology Policy. the date of the enactment of this Act, the Ad- contracts. (12) SPACE LAUNCH SYSTEM.—The term ‘‘Space ministrator shall brief the appropriate commit- Sec. 803. Protection of data and information Launch System’’ means the Space Launch Sys- tees of Congress on the development and sched- from public disclosure. tem authorized under section 302 of the National uled availability of the Exploration Upper Stage Sec. 804. Physical security modernization. Aeronautics and Space Administration Act of for the third launch of the Space Launch Sys- Sec. 805. Lease of non-excess property. 2010 (42 U.S.C. 18322). tem. Sec. 806. Cybersecurity. TITLE I—AUTHORIZATION OF (d) MAIN PROPULSION TEST ARTICLE.—To meet Sec. 807. Limitation on cooperation with the APPROPRIATIONS the requirements under section 302(c)(3) of the People’s Republic of China. National Aeronautics and Space Administration SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Sec. 808. Consideration of issues related to con- Authorization Act of 2010 (42 U.S.C. 18322(c)(3)), There are authorized to be appropriated to the tracting with entities receiving as- the Administrator shall— Administration for fiscal year 2020 sistance from or affiliated with (1) immediately on completion of the first full- $22,750,000,000 as follows: the People’s Republic of China. duration integrated core stage test of the Space (1) For Exploration, $6,222,600,000. Sec. 809. Small satellite launch services pro- Launch System, initiate development of a main (2) For Space Operations, $4,150,200,000. gram. propulsion test article for the integrated core (3) For Science, $6,905,700,000. Sec. 810. 21st century space launch infrastruc- stage propulsion elements of the Space Launch (4) For Aeronautics, $783,900,000. ture. System; (5) For Space Technology, $1,076,400,000. Sec. 811. Missions of national need. (2) not later than 180 days after the date of (6) For Science, Technology, Engineering, and Sec. 812. Exemption from the Iran, North the enactment of this Act, submit to the appro- Mathematics Engagement, $112,000,000. Korea, and Syria Nonprolifera- priate committees of Congress a detailed plan for (7) For Safety, Security, and Mission Services, tion Act. the development and operation of such main $2,934,800,000. Sec. 813. Drinking water well replacement for propulsion test article; and (8) For Construction and Environmental Com- Chincoteague, Virginia. (3) use existing capabilities of NASA centers pliance and Restoration, $524,400,000. Sec. 814. Passenger carrier use. for the design, manufacture, and operation of (9) For Inspector General, $40,000,000. Sec. 815. Use of commercial near-space bal- the main propulsion test article. loons. TITLE II—HUMAN SPACEFLIGHT AND SEC. 203. ADVANCED SPACESUITS. Sec. 816. President’s Space Advisory Board. EXPLORATION (a) SENSE OF CONGRESS.—It is the sense of Sec. 817. Initiative on technologies for noise SEC. 201. ADVANCED CISLUNAR AND LUNAR SUR- Congress that next-generation advanced and emissions reductions. FACE CAPABILITIES. spacesuits are a critical technology for human Sec. 818. Remediation of sites contaminated (a) SENSE OF CONGRESS.—It is the sense of space exploration and use of low-Earth orbit, with trichloroethylene. Congress that— cislunar space, the surface of the Moon, and Sec. 819. Report on merits and options for es- (1) commercial entities in the United States Mars. tablishing an institute relating to have made significant investment and progress (b) DEVELOPMENT PLAN.—The Administrator space resources. toward the development of human-class lunar shall establish a detailed plan for the develop- Sec. 820. Report on establishing center of excel- landers; ment and manufacture of advanced spacesuits, lence for space weather tech- (2) NASA developed the Artemis program— consistent with the deep space exploration goals nology. (A) to fulfill the goal of landing United States and timetables of NASA. Sec. 821. Review on preference for domestic sup- astronauts, including the first woman and the (c) DIVERSE ASTRONAUT CORPS.—The Admin- pliers. next man, on the Moon; and istrator shall ensure that spacesuits developed

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7653 and manufactured after the date of the enact- (B) maximize intra-agency and interagency national security, civil, and commercial space ment of this Act are capable of accommodating partnerships to advance space exploration, sci- operations. a wide range of sizes of astronauts so as to meet entific knowledge, and benefits to Earth. (b) FEE OR TOLL DISCOURAGED.—The plan the needs of the diverse NASA astronaut corps. (3) USE OF FACILITIES.—In carrying out the shall strongly discourage the imposition of a (d) ISS USE.—Throughout the operational life program under paragraph (1), the Administrator user fee or toll on a bridge over the Indian River of the ISS, the Administrator should fully use may use ground-based, air-based, and space- at such location. the ISS for testing advanced spacesuits. based facilities in low-Earth orbit and beyond SEC. 208. VALUE OF INTERNATIONAL SPACE STA- (e) PRIOR INVESTMENTS.— low-Earth orbit. TION AND CAPABILITIES IN LOW- (1) IN GENERAL.—In developing an advanced SEC. 205. ACQUISITION OF DOMESTIC SPACE EARTH ORBIT. spacesuit, the Administrator shall, to the max- TRANSPORTATION AND LOGISTICS (a) SENSE OF CONGRESS.—It is the sense of imum extent practicable, partner with industry- RESUPPLY SERVICES. Congress that— proven spacesuit design, development, and man- (a) IN GENERAL.—Except as provided in sub- (1) it is in the national and economic security ufacturing suppliers and leverage prior and ex- section (b), the Administrator shall not enter interests of the United States to maintain a con- isting investments in advanced spacesuit tech- into any contract with a person or entity that tinuous human presence in low-Earth orbit; nologies to maximize the benefits of such invest- proposes to use, or will use, a foreign launch (2) low-Earth orbit should be used as a test ments and technologies. provider for a commercial service to provide bed to advance human space exploration and (2) AGREEMENTS WITH PRIVATE ENTITIES.—In space transportation or logistics resupply for— scientific discoveries; and carrying out this subsection, the Administrator (1) the ISS; or (3) the ISS is a critical component of eco- may enter into 1 or more agreements with 1 or (2) any Government-owned or Government- nomic, commercial, and industrial development more private entities for the manufacture of ad- funded platform in Earth orbit or cislunar in low-Earth orbit. vanced spacesuits, as the Administrator con- space, on the lunar surface, or elsewhere in (b) HUMAN PRESENCE REQUIREMENT.—The siders appropriate. space. United States shall continuously maintain the (f) BRIEFING.—Not later than 180 days after (b) EXCEPTION.—The Administrator may enter capability for a continuous human presence in the date of the enactment of this Act, and semi- into a contract with a person or entity that pro- low-Earth orbit through and beyond the useful annually thereafter until NASA procures ad- poses to use, or will use, a foreign launch pro- life of the ISS. vanced spacesuits under this section, the Ad- vider for a commercial service to carry out an SEC. 209. EXTENSION AND MODIFICATION RELAT- ministrator shall brief the appropriate commit- activity described in subsection (a) if a domestic ING TO INTERNATIONAL SPACE STA- tees of Congress on the development plan in sub- vehicle or service is unavailable. TION. section (b). (c) RULE OF CONSTRUCTION.—Nothing in this (a) POLICY.—Section 501(a) of the National SEC. 204. LIFE SCIENCE AND PHYSICAL SCIENCE section shall be construed to prohibit the Ad- Aeronautics and Space Administration Author- RESEARCH. ministrator from entering into 1 or more no-ex- ization Act of 2010 (42 U.S.C. 18351(a)) is amend- (a) SENSE OF CONGRESS.—It is the sense of change-of-funds collaborative agreements with ed by striking ‘‘2024’’ and inserting ‘‘2030’’. Congress that— an international partner in support of the deep (b) MAINTENANCE OF UNITED STATES SEGMENT (1) the 2011 decadal survey on biological and space exploration plan of NASA. AND ASSURANCE OF CONTINUED OPERATIONS.— physical sciences in space identifies— Section 503(a) of the National Aeronautics and (A) many areas in which fundamental sci- SEC. 206. ROCKET ENGINE TEST INFRASTRUC- TURE. Space Administration Authorization Act of 2010 entific research is needed to efficiently advance (42 U.S.C. 18353(a)) is amended by striking the range of human activities in space, from the (a) IN GENERAL.—The Administrator shall carry out a program to modernize rocket propul- ‘‘September 30, 2024’’ and inserting ‘‘September first stages of exploration to eventual economic 30, 2030’’. development; and sion test infrastructure at NASA facilities— (1) to increase capabilities; (c) RESEARCH CAPACITY ALLOCATION AND IN- (B) many areas of basic and applied scientific TEGRATION OF RESEARCH PAYLOADS.—Section research that could use the microgravity, radi- (2) to enhance safety; (3) to support propulsion development and 504(d) of the National Aeronautics and Space ation, and other aspects of the spaceflight envi- Administration Authorization Act of 2010 (42 ronment to answer fundamental scientific ques- testing; and (4) to foster the improvement of Government U.S.C. 18354(d)) is amended— tions; (1) in paragraph (1), in the first sentence— and commercial space transportation and explo- (2) given the central role of life science and (A) by striking ‘‘As soon as practicable’’ and ration. physical science research in developing the fu- all that follows through ‘‘2011,’’ and inserting (b) PROJECTS.—Projects funded under the pro- ture of space exploration, NASA should con- ‘‘The’’; and gram under subsection (a) may include— tinue to invest strategically in such research to (B) by striking ‘‘September 30, 2024’’ and in- (1) infrastructure and other facilities and sys- maintain United States leadership in space ex- serting ‘‘September 30, 2030’’; and tems relating to rocket propulsion test stands ploration; and (2) in paragraph (2), in the third sentence, by and rocket propulsion testing; (3) such research remains important to the ob- striking ‘‘September 30, 2024’’ and inserting (2) enhancements to test facility capacity and jectives of NASA with respect to long-duration ‘‘September 30, 2030’’. flexibility; and deep space human exploration to the Moon and (d) MAINTENANCE OF USE.— Mars. (3) such other projects as the Administrator (1) IN GENERAL.—Section 70907 of title 51, (b) PROGRAM CONTINUATION.— considers appropriate to meet the goals de- United States Code, is amended— (1) IN GENERAL.—In support of the goals de- scribed in subsection (a). (A) in the section heading, by striking ‘‘2024’’ scribed in section 20302 of title 51, United States (c) REQUIREMENTS.—In carrying out the pro- and inserting ‘‘2030’’; Code, the Administrator shall continue to imple- gram under subsection (a), the Administrator (B) in subsection (a), by striking ‘‘September ment a collaborative, multidisciplinary life shall— 30, 2024’’ and inserting ‘‘September 30, 2030’’; science and physical science fundamental re- (1) prioritize investments in projects that en- and search program— hance test and flight certification capabilities (C) in subsection (b)(3), by striking ‘‘Sep- (A) to build a scientific foundation for the ex- for large thrust-level atmospheric and altitude tember 30, 2024’’ and inserting ‘‘September 30, ploration and development of space; engines and engine systems, and multi-engine 2030’’. (B) to investigate the mechanisms of changes integrated test capabilities; and (e) TRANSITION PLAN REPORTS.—Section to biological systems and physical systems, and (2) ensure that no project carried out under 50111(c)(2) of title 51, United States Code is the environments of those systems in space, in- this program shall adversely impact, delay, or amended— cluding the effects of long-duration exposure to defer testing or other activities associated with (1) in the matter preceding subparagraph (A), deep space-related environmental factors on facilities used for Government programs, includ- by striking ‘‘2023’’ and inserting ‘‘2028’’; and those systems; ing— (2) in subparagraph (J), by striking ‘‘2028’’ (C) to understand the effects of combined deep (A) the Space Launch System and the Explo- and inserting ‘‘2030’’. space radiation and altered gravity levels on bi- ration Upper Stage of the Space Launch System; (f) ELIMINATION OF INTERNATIONAL SPACE ological systems so as to inform the development (B) in-space propulsion to support exploration STATION NATIONAL LABORATORY ADVISORY and testing of potential countermeasures; missions; or (D) to understand physical phenomena in re- COMMITTEE.—Section 70906 of title 51, United (C) nuclear propulsion testing. duced gravity that affect design and perform- States Code, is repealed. (d) SAVINGS CLAUSE.—Nothing in this section ance of enabling technologies necessary for the (g) CONFORMING AMENDMENTS.—Chapter 709 shall preclude a NASA program, including the space exploration program; of title 51, United States Code, is amended— Space Launch System and the Exploration (E) to provide scientific opportunities to edu- (1) by redesignating section 70907 as section Upper Stage of the Space Launch System, from cate, train, and develop the next generation of 70906; and using the modernized test infrastructure devel- researchers and engineers; and (2) in the table of sections for the chapter, by (F) to provide state-of-the-art data reposi- oped under this section. striking the items relating to sections 70906 and tories and curation of large multi-data sets to SEC. 207. INDIAN RIVER BRIDGE. 70907 and inserting the following: enable comparative research analyses. (a) IN GENERAL.—The Administrator, in co- ‘‘70906. Maintaining use through at least 2030.’’. (2) ELEMENTS.—The program under paragraph ordination with the heads of other Federal SEC. 210. DEPARTMENT OF DEFENSE ACTIVITIES (1) shall— agencies that use the Indian River Bridge on the ON INTERNATIONAL SPACE STA- (A) include fundamental research relating to NASA Causeway, shall develop a plan to ensure TION. life science, space bioscience, and physical that a bridge over the Indian River at such loca- (a) IN GENERAL.—Not later than March 1, science; and tion provides access to the Eastern Range for 2020, the Secretary of Defense shall—

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7654 CONGRESSIONAL RECORD — SENATE December 18, 2020 (1) identify and review each activity, program, carry out an activity to develop a commercial proprietary information of the Federal Govern- and project of the Department of Defense com- space station or habitat, the Administrator shall ment, or services of a Federal employee during pleted, being carried out, or planned to be car- submit to the appropriate committees of Con- working hours, including the cost for the Ad- ried out on the ISS as of the date of the review; gress a report on the development of the com- ministration to carry out its responsibilities and mercial space station or habitat, as applicable, under paragraphs (1) and (4) of section 504(d) of (2) provide to the appropriate committees of that includes— the National Aeronautics and Space Adminis- Congress a briefing that describes the results of (i) a business plan that describes the manner tration Authorization Act of 2010 (42 U.S.C. the review. in which the project will— 18354(d)); (b) APPROPRIATE COMMITTEES OF CONGRESS (I) meet the future requirements of NASA for ‘‘(2) Federal funds are not transferred to the DEFINED.—In this section, the term ‘‘appro- low-Earth orbit human space-flight services; user under the contract; and priate committees of Congress’’ means— and ‘‘(3) the invention was made (as defined in (1) the Committee on Armed Services and the (II) fulfill the cost-share funding section 20135(a))— Committee on Commerce, Science, and Transpor- prioritization under subparagraph (A); and ‘‘(A) solely by the user; or tation of the Senate; and (ii) a review of the viability of the operational ‘‘(B)(i) by the user with the services of a Fed- (2) the Committee on Armed Services and the business case, including— eral employee under the terms of the contract; Committee on Science, Space, and Technology of (I) the level of expected Government participa- and the House of Representatives. tion; ‘‘(ii) the Administration is reimbursed for such SEC. 211. LOW-EARTH ORBIT COMMERCIALIZA- (II) a list of anticipated nongovernmental an services under paragraph (1). TION. international customers and associated con- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this (a) STATEMENT OF POLICY.—It is the policy of tributions; and section may be construed to affect the rights of the United States to encourage the development (III) an assessment of long-term sustainability the Federal Government, including property of a thriving and robust United States commer- for the nongovernmental customers, including rights in inventions, under any contract, except cial sector in low-Earth orbit. an independent assessment of the viability of in the case of a written contract with the Ad- (b) PREFERENCE FOR UNITED STATES COMMER- the market for such commercial services or prod- ministration or the ISS management entity for CIAL PRODUCTS AND SERVICES.—The Adminis- ucts. the performance of a designated activity. trator shall continue to increase the use of as- ‘‘(c) DEFINITIONS.—In this section— SEC. 212. MAINTAINING A NATIONAL LABORA- ‘‘(1) CONTRACT.—The term ‘contract’ has the sets, products, and services of private entities in TORY IN SPACE. the United States to fulfill the low-Earth orbit meaning giving the term in section 20135(a). (a) SENSE OF CONGRESS.—It is the sense of ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des- requirements of the Administration. Congress that— (c) NONCOMPETITION.— ignated activity’ means any non-NASA sci- (1) the United States segment of the Inter- (1) IN GENERAL.—Except as provided in para- entific use of the ISS national laboratory as de- national Space Station (as defined in section graph (2), the Administrator may not offer to a scribed in section 504 of the National Aero- 70905 of title 51, United States Code), which is foreign person or a foreign government a nautics and Space Administration Authoriza- designated as a national laboratory under sec- spaceflight product or service relating to the tion Act of 2010 (42 U.S.C. 18354). tion 70905(b) of title 51, United States Code— ISS, if a comparable spaceflight product or serv- ‘‘(3) DESIGNATED INVENTION.—The term ‘des- (A) benefits the scientific community and pro- ice, as applicable, is offered by a private entity ignated invention’ means any invention con- motes commerce in space; in the United States. ceived or first reduced to practice by any person (B) fosters stronger relationships among (2) EXCEPTION.—The Administrator may offer in the performance of a designated activity a spaceflight product or service relating to the NASA and other Federal agencies, the private under a written contract with the Administra- ISS to the government of a country that is a sig- sector, and research groups and universities; tion or the ISS management entity. natory to the Agreement Among the Government (C) advances science, technology, engineering, ‘‘(4) GOVERNMENT-PURPOSE LICENSE.—The of Canada, Governments of Member States of and mathematics education through use of the term ‘Government-purpose license’ means the the European Space Agency, the Government of unique microgravity environment; and reservation by the Federal Government of an ir- Japan, the Government of the Russian Federa- (D) advances human knowledge and inter- revocable, nonexclusive, nontransferable, roy- tion, and the Government of the United States national cooperation; alty-free license for the use of an invention of America Concerning Cooperation on the Civil (2) after the ISS is decommissioned, the United throughout the world by or on behalf of the International Space Station, signed at Wash- States should maintain a national microgravity United States or any foreign government pursu- ington January 29, 1998, and entered into force laboratory in space; ant to a treaty or agreement with the United (3) in maintaining a national microgravity on March 27, 2001 (TIAS 12927). States. (d) SHORT-DURATION COMMERCIAL MISSIONS.— laboratory in space, the United States should ‘‘(5) ISS MANAGEMENT ENTITY.—The term ‘ISS To provide opportunities for additional trans- make appropriate accommodations for different management entity’ means the organization port of astronauts to the ISS and help establish types of ownership and operation arrangements with which the Administrator enters into a co- a commercial market in low-Earth orbit, the Ad- for the ISS and future space stations; operative agreement under section 504(a) of the ministrator may permit short-duration missions (4) to the maximum extent practicable, a na- National Aeronautics and Space Administration to the ISS for commercial passengers. tional microgravity laboratory in space should Authorization Act of 2010 (42 U.S.C. 18354(a)). (e) PROGRAM AUTHORIZATION.— be maintained in cooperation with international ‘‘(6) USER.—The term ‘user’ means a person, (1) ESTABLISHMENT.—The Administrator shall space partners; and including a nonprofit organization or small establish a low-Earth orbit commercialization (5) NASA should continue to support funda- business firm (as such terms are defined in sec- program to encourage the fullest commercial use mental science research on future platforms in tion 201 of title 35), or class of persons that en- and development of space by private entities in low-Earth orbit and cislunar space, orbital and ters into a written contract with the Administra- the United States. suborbital flights, drop towers, and other micro- tion or the ISS management entity for the per- (2) ELEMENTS.—The program established gravity testing environments. formance of designated activities.’’. under paragraph (1) shall, to the maximum ex- (b) REPORT.—The Administrator, in coordina- (b) CONFORMING AMENDMENT.—The table of tent practicable, include activities— tion with the National Space Council and other sections for chapter 201 of title 51, United States (A) to stimulate demand for— Federal agencies as the Administrator considers Code, is amended by inserting after the item re- (i) space-based commercial research, develop- appropriate, shall issue a report detailing the lating to section 20149 the following: ment, and manufacturing; feasibility of establishing a microgravity na- ‘‘20150. Property rights in designated inven- (ii) spaceflight products and services; and tional laboratory federally funded research and tions.’’. (iii) human spaceflight products and services development center to carry out activities relat- in low-Earth orbit; SEC. 214. DATA FIRST PRODUCED DURING NON- ing to the study and use of in-space conditions. NASA SCIENTIFIC USE OF THE ISS (B) to improve the capability of the ISS to ac- SEC. 213. INTERNATIONAL SPACE STATION NA- NATIONAL LABORATORY. commodate commercial users; and TIONAL LABORATORY; PROPERTY (a) DATA RIGHTS.—Subchapter III of chapter (C) subject to paragraph (3), to foster the de- RIGHTS IN INVENTIONS. 201 of title 51, United States Code, as amended velopment of commercial space stations and (a) IN GENERAL.—Subchapter III of chapter by section 213, is further amended by adding at habitats. 201 of title 51, United States Code, is amended the end the following: (3) COMMERCIAL SPACE STATIONS AND HABI- by adding at the end the following: TATS.— ‘‘§ 20151. Data rights (A) PRIORITY.—With respect to an activity to ‘‘§ 20150. Property rights in designated inven- ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS develop a commercial space station or habitat, tions NATIONAL LABORATORY.—The Federal Govern- the Administrator shall give priority to an activ- ‘‘(a) EXCLUSIVE PROPERTY RIGHTS.—Notwith- ment may not use or reproduce, or disclose out- ity for which a private entity provides a share standing section 3710a of title 15, chapter 18 of side of the Government, any data first produced of the cost to develop and operate the activity. title 35, section 20135, or any other provision of in the performance of a designated activity (B) LIMITATION.—The Administrator may not law, a designated invention shall be the exclu- under a written contract with the Administra- provide funding for the development of a com- sive property of a user, and shall not be subject tion or the ISS management entity, unless— mercial space station or habitat until after the to a Government-purpose license, if— ‘‘(1) otherwise agreed under the terms of the date on which the Administrator awards a con- ‘‘(1) the Administration is reimbursed under contract with the Administration or the ISS tract for the use of a docking port on the ISS. the terms of the contract for the full cost of a management entity, as applicable; (C) REPORT.—Not later than 30 days after the contribution by the Federal Government of the ‘‘(2) the designated activity is carried out with date that an award or agreement is made to use of Federal facilities, equipment, materials, Federal funds;

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7655 ‘‘(3) disclosure is required by law; tribution by the Federal Government of the use of the National Aeronautics and Space Adminis- ‘‘(4) the Federal Government has rights in the of Federal facilities, equipment, materials, pro- tration Transition Authorization Act of 2017 data under another Federal contract, grant, co- prietary information of the Federal Government, (Public Law 115–10; 51 U.S.C. 20302 note). operative agreement, or other transaction; or or services of a Federal employee during work- ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVI- ‘‘(5) the data is— ing hours, including the cost for the Administra- TIES.—In conducting a mission under subsection ‘‘(A) otherwise lawfully acquired or independ- tion to carry out its responsibilities under para- (a), the Administrator shall— ently developed by the Federal Government; graphs (1) and (4) of section 504(d) of the Na- ‘‘(1) use a combination of launches of the ‘‘(B) related to the health and safety of per- tional Aeronautics and Space Administration Space Launch System and space transportation sonnel on the ISS; or Authorization Act of 2010 (42 U.S.C. 18354(d)), services from United States commercial pro- ‘‘(C) essential to the performance of work by the Administrator shall negotiate an agreement viders, as appropriate, for the mission; the ISS management entity or NASA personnel. on the terms and rates of royalty payments with ‘‘(2) plan for not fewer than 1 Space Launch ‘‘(b) DEFINITIONS.—In this section: respect to an invention or class of inventions System launch annually beginning after the ‘‘(1) CONTRACT.—The term ‘contract’ has the conceived or first reduced to practice by any first successful crewed launch of Orion on the meaning given the term under section 20135(a). person or class of persons in the performance of Space Launch System; and ‘‘(2) DATA.— such designated activities. ‘‘(3) establish an outpost in orbit around the ‘‘(A) IN GENERAL.—The term ‘data’ means re- ‘‘(b) LICENSING AND ASSIGNMENT OF INVEN- Moon that— ‘‘(A) demonstrates technologies, systems, and corded information, regardless of form or the TIONS.—Notwithstanding sections 3710a and media on which it may be recorded. 3710c of title 15 and any other provision of law, operational concepts directly applicable to the ‘‘(B) INCLUSIONS.—The term ‘data’ includes after payment in accordance with subsection space vehicle that will be used to transport hu- technical data and computer software. (A)(i) of such section 3710c(a)(1)(A)(i) to the in- mans to Mars; ‘‘(B) has the capability for periodic human ‘‘(C) EXCLUSIONS.—The term ‘data’ does not ventors who have directly assigned to the Fed- include information incidental to contract ad- habitation; and eral Government their interests in an invention ‘‘(C) can function as a point of departure, re- ministration, such as financial, administrative, under a written contract with the Administra- cost or pricing, or management information. turn, or staging for Administration or non- tion or the ISS management entity for the per- governmental or international partner missions ‘‘(3) DESIGNATED ACTIVITY.—The term ‘des- formance of a designated activity, the balance ignated activity’ has the meaning given the term to multiple locations on the lunar surface or of any royalty or other payment received by the other destinations. in section 20150. Administrator or the ISS management entity ‘‘(4) ISS MANAGEMENT ENTITY.—The term ‘ISS ‘‘(c) COST-EFFECTIVENESS.—To maximize the from licensing and assignment of such invention cost-effectiveness of the long-term space explo- management entity’ has the meaning given the shall be paid by the Administrator or the ISS term in section 20150.’’. ration and utilization activities of the United management entity, as applicable, to the Space States, the Administrator shall take all nec- (b) SPECIAL HANDLING OF TRADE SECRETS OR Exploration Fund. CONFIDENTIAL INFORMATION.—Section essary steps, including engaging nongovern- ‘‘(c) SPACE EXPLORATION FUND.— mental and international partners, to ensure 20131(b)(2) of title 51, United States Code, is ‘‘(1) ESTABLISHMENT.—There is established in that activities in the Administration’s human amended to read as follows: the Treasury of the United States a fund, to be space exploration program are balanced in order ‘‘(2) INFORMATION DESCRIBED.— known as the ‘Space Exploration Fund’ (re- to help meet the requirements of future explo- ‘‘(A) ACTIVITIES UNDER AGREEMENT.—Infor- ferred to in this subsection as the ‘Fund’), to be ration and utilization activities leading to mation referred to in paragraph (1) is informa- administered by the Administrator. human habitation on the surface of Mars. tion that— ‘‘(2) USE OF FUND.—The Fund shall be avail- ‘‘(i) results from activities conducted under an ‘‘(d) COMPLETION.—Within budgetary consid- able without fiscal year limitation and without erations, once an exploration-related project en- agreement entered into under subsections (e) further appropriation to carry out space explo- and (f) of section 20113; and ters its development phase, the Administrator ration activities under section 20302. shall seek, to the maximum extent practicable, ‘‘(ii) would be a trade secret or commercial or ‘‘(3) DEPOSITS.—There shall be deposited in financial information that is privileged or con- to complete that project without undue delay. the Fund— ‘‘(e) INTERNATIONAL PARTICIPATION.—To fidential within the meaning of section 552(b)(4) ‘‘(A) amounts appropriated to the Fund; achieve the goal of successfully conducting a of title 5 if the information had been obtained ‘‘(B) fees and royalties collected by the Ad- crewed mission to the surface of Mars, the Ad- from a non-Federal party participating in such ministrator or the ISS management entity under ministrator shall invite the partners in the ISS an agreement. subsections (a) and (b); and program and other nations, as appropriate, to ‘‘(B) CERTAIN DATA.—Information referred to ‘‘(C) donations or contributions designated to participate in an international initiative under in paragraph (1) includes data (as defined in support authorized activities. the leadership of the United States.’’. section 20151) that— ‘‘(4) RULE OF CONSTRUCTION.—Amounts avail- (b) DEFINITION OF CISLUNAR SPACE.—Section ‘‘(i) was first produced by the Administration able to the Administrator under this subsection 10101 of title 51, United States Code, is amended in the performance of any designated activity shall be in addition to amounts otherwise made by adding at the end the following: (as defined in section 20150); and available for the purpose described in paragraph ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar ‘‘(ii) would be a trade secret or commercial or (2). space’ means the region of space beyond low- financial information that is privileged or con- ‘‘(d) DEFINITIONS.—The terms used in this sec- Earth orbit out to and including the region fidential within the meaning of section 552(b)(4) tion have the meanings given the terms in sec- around the surface of the Moon.’’. of title 5 if the data had been obtained from a tion 20150.’’. (c) TECHNICAL AND CONFORMING AMEND- non-Federal party.’’. (c) CONFORMING AMENDMENT.—The table of MENTS.—Section 3 of the National Aeronautics (c) CONFORMING AMENDMENT.—The table of sections for chapter 201 of title 51, United States and Space Administration Authorization Act of sections for chapter 201 of title 51, United States Code, as amended by sections 213 and 214, is 2010 (42 U.S.C. 18302) is amended by striking Code, as amended by section 213, is further further amended by inserting after the item re- paragraphs (2) and (3) and inserting the fol- amended by inserting after the item relating to lating to section 20151 the following: lowing: section 20150 the following: ‘‘20152. Royalties and other payments received ‘‘(2) APPROPRIATE COMMITTEES OF CON- ‘‘20151. Data rights.’’. for designated activities.’’. GRESS.—The term ‘appropriate committees of SEC. 215. ROYALTIES AND OTHER PAYMENTS RE- SEC. 216. STEPPINGSTONE APPROACH TO EXPLO- Congress’ means— CEIVED FOR DESIGNATED ACTIVI- RATION. ‘‘(A) the Committee on Commerce, Science, TIES. (a) IN GENERAL.—Section 70504 of title 51, and Transportation of the Senate; and (a) SENSE OF CONGRESS.—It is the sense of United States Code, is amended to read as fol- ‘‘(B) the Committee on Science, Space, and Congress that the Administrator should deter- lows: Technology of the House of Representatives. ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar mine a threshold for which it may be appro- ‘‘§ 70504. Steppingstone approach to explo- space’ means the region of space beyond low- priate for NASA to recoup the costs of sup- ration porting the creation of invention aboard the Earth orbit out to and including the region ‘‘(a) IN GENERAL.—The Administrator, in sus- ISS, through the negotiation of royalties, similar around the surface of the Moon.’’. tainable steps, may conduct missions to inter- to agreements made by other Federal agencies SEC. 217. TECHNICAL AMENDMENTS RELATING mediate destinations, such as the Moon, in ac- that support private sector innovation. TO ARTEMIS MISSIONS. cordance with section 20302(b), and on a time- (b) IN GENERAL.—Subchapter III of chapter (a) Section 421 of the National Aeronautics table determined by the availability of funding, 201 of title 51, United States Code, as amended and Space Administration Authorization Act of in order to achieve the objective of human ex- by sections 213 and 214, is further amended by 2017 (Public Law 115–10; 51 U.S.C. 20301 note) is ploration of Mars specified in section 202(b)(5) adding at the end the following: amended— of the National Aeronautics and Space Adminis- (1) in subsection (c)(3)— ‘‘§ 20152. Royalties and other payments re- tration Authorization Act of 2010 (42 U.S.C. (A) by striking ‘‘EM–1’’ and inserting ceived for designated activities 18312(b)(5)), if the Administrator— ‘‘Artemis 1’’; ‘‘(a) DESIGNATED INVENTIONS MADE WITH ‘‘(1) determines that each such mission dem- (B) by striking ‘‘EM–2’’ and inserting FEDERAL ASSISTANCE.—Notwithstanding any onstrates or advances a technology or oper- ‘‘Artemis 2’’; and other provision of law, if the Administration, ational concept that will enable human missions (C) by striking ‘‘EM–3’’ and inserting under the terms of a written contract for the to Mars; and ‘‘Artemis 3’’; and performance of a designated activity, agrees to ‘‘(2) incorporates each such mission into the (2) in subsection (f)(3), by striking ‘‘EM–3’’ provide, unreimbursed, the total cost of a con- human exploration roadmap under section 432 and inserting ‘‘Artemis 3’’.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7656 CONGRESSIONAL RECORD — SENATE December 18, 2020 (b) Section 432(b) of the National Aeronautics plinary science and technology development Infrared Survey Telescope to meet the objectives and Space Administration Authorization Act of program to search for proof of the existence or outlined in the 2010 decadal survey on astron- 2017 (Public Law 115–10; 51 U.S.C. 20302 note) is historical existence of life beyond Earth in sup- omy and astrophysics of the National Academies amended— port of the objective described in section of Sciences, Engineering, and Medicine in a (1) in paragraph (3)(D)— 20102(d)(10) of title 51, United States Code. manner that maximizes scientific productivity (A) by striking ‘‘EM–1’’ and inserting (2) ELEMENT.—The program under paragraph based on the resources invested. ‘‘Artemis 1’’; and (1) shall include activities relating to astronomy, SEC. 306. SATELLITE SERVICING FOR SCIENCE (B) by striking ‘‘EM–2’’ and inserting biology, geology, and planetary science. MISSIONS. ‘‘Artemis 2’’; and (3) COORDINATION WITH LIFE SCIENCES PRO- (a) STUDY.— (2) in paragraph (4)(C), by striking ‘‘EM–3’’ GRAM.—In carrying out the program under (1) IN GENERAL.—The Administrator shall con- and inserting ‘‘Artemis 3’’. paragraph (1), the Administrator shall coordi- duct a study on the feasibility of using in-space TITLE III—SCIENCE nate efforts with the life sciences program of the robotic refueling, repair, or refurbishment capa- SEC. 301. SCIENCE PRIORITIES. Administration. bilities to extend the useful life of telescopes and (a) SENSE OF CONGRESS ON SCIENCE PORT- (4) TECHNOSIGNATURES.—In carrying out the other science missions that are operational or in FOLIO.—Congress reaffirms the sense of Con- program under paragraph (1), the Administrator development as of the date of the enactment of gress that— shall support activities to search for and ana- this Act. (1) a balanced and adequately funded set of lyze technosignatures. (2) ELEMENTS.—The study conducted under activities, consisting of research and analysis (5) INSTRUMENTATION AND SENSOR TECH- paragraph (1) shall include the following: grant programs, technology development, sub- NOLOGY.—In carrying out the program under (A) An identification of the technologies and orbital research activities, and small, medium, paragraph (1), the Administrator may strategi- in-space testing required to demonstrate the in- and large space missions, contributes to a robust cally invest in the development of new instru- space robotic refueling, repair, or refurbishment and productive science program and serves as a mentation and sensor technology. capabilities described in paragraph (1). catalyst for innovation and discovery; and SEC. 304. JAMES WEBB SPACE TELESCOPE. (B) The projected cost of using such capabili- (2) the Administrator should set science prior- (a) SENSE OF CONGRESS.—It is the sense of ties, including the cost of extended operations ities by following the guidance provided by the Congress that— for science missions described in that para- scientific community through the decadal sur- (1) the James Webb Space Telescope will be the graph. veys of the National Academies of Sciences, En- next premier observatory in space and has great (b) BRIEFING.—Not later than 1 year after the gineering, and Medicine. potential to further scientific study and assist date of the enactment of this Act, the Adminis- (b) NATIONAL ACADEMIES DECADAL SUR- scientists in making new discoveries in the field trator shall provide to the appropriate commit- VEYS.—Section 20305(c) of title 51, United States of astronomy; tees of Congress and the Space Studies Board of Code, is amended— (2) the James Webb Space Telescope was de- the National Academies of Sciences, Engineer- (1) by striking ‘‘The Administrator shall’’ and veloped as an ambitious project with a scope ing, and Medicine a briefing on the results of inserting the following: that was not fully defined at inception and with the study conducted under subsection (a)(1). ‘‘(1) REEXAMINATION OF PRIORITIES BY NA- risk that was not fully known or understood; SEC. 307. EARTH SCIENCE MISSIONS AND PRO- TIONAL ACADEMIES.—The Administrator shall’’; (3) despite the major technology development GRAMS. and and innovation that was needed to construct (a) SENSE OF CONGRESS.—It is the sense of (2) by adding at the end the following: the James Webb Space Telescope, major negative Congress that the Earth Science Division of ‘‘(2) REEXAMINATION OF PRIORITIES BY ADMIN- impacts to the cost and schedule of the James NASA plays an important role in national ef- ISTRATOR.—If the Administrator decides to reex- forts— amine the applicability of the priorities of the Webb Space Telescope resulted from poor pro- (1) to collect and use Earth observations in decadal surveys to the missions and activities of gram management and poor contractor perform- service to society; and the Administration due to scientific discoveries ance; (4) the Administrator should take into account (2) to understand global change. or external factors, the Administrator shall con- the lessons learned from the cost and schedule (b) EARTH SCIENCE MISSIONS AND PRO- sult with the relevant committees of the Na- issues relating to the development of the James GRAMS.—With respect to the missions and pro- tional Academies.’’. Webb Space Telescope in making decisions re- grams of the Earth Science Division, the Admin- SEC. 302. LUNAR DISCOVERY PROGRAM. garding the scope of and the technologies need- istrator shall, to the maximum extent prac- (a) IN GENERAL.—The Administrator may ed for future scientific missions; ticable, follow the recommendations and guid- carry out a program to conduct lunar science re- (5) in selecting future scientific missions, the ance provided by the scientific community search, including missions to the surface of the Administrator should take into account the im- through the decadal survey for Earth science Moon, that materially contributes to the objec- pact that large programs that overrun cost and and applications from space of the National tive described in section 20102(d)(1) of title 51, schedule estimates may have on other NASA Academies of Sciences, Engineering, and Medi- United States Code. programs in earlier phases of development; and cine, including— (b) COMMERCIAL LANDERS.—In carrying out a (6) the Administrator should continue to de- (1) the science priorities described in such sur- program under subsection (a), the Administrator velop the James Webb Space Telescope with a vey; shall procure the services of commercial landers development cost of not more than (2) the execution of the series of existing or developed primarily by United States industry to $8,802,700,000, as estimated by the James Webb previously planned observations (commonly land science payloads of all classes on the lunar Space Telescope Independent Review Board Re- known as the ‘‘program of record’’); and surface. port released in May 2018. (3) the development of a range of missions of (c) LUNAR SCIENCE RESEARCH.—The Adminis- all classes, including opportunities for principal trator shall ensure that lunar science research (b) PROJECT CONTINUATION.— investigator-led, competitively selected missions. carried out under subsection (a) is consistent (1) IN GENERAL.—The Administrator shall con- with recommendations made by the National tinue— SEC. 308. SCIENCE MISSIONS TO MARS. Academies of Sciences, Engineering, and Medi- (A) to closely track the cost and schedule per- (a) IN GENERAL.—The Administrator shall cine. formance of the James Webb Space Telescope conduct 1 or more science missions to Mars to (d) LUNAR POLAR VOLATILES.—In carrying project; and enable the selection of 1 or more sites for human out a program under subsection (a), the Admin- (B) to improve the reliability of cost estimates landing. istrator shall, at the earliest opportunity, con- and contractor performance data throughout (b) SAMPLE PROGRAM.—The Administrator sider mission proposals to evaluate the potential the remaining development of the James Webb may carry out a program— of lunar polar volatiles to contribute to sustain- Space Telescope. (1) to collect samples from the surface of Mars; able lunar exploration. (2) KEY PROGRAM OBJECTIVE.—The Adminis- and trator shall continue to develop the James Webb SEC. 303. SEARCH FOR LIFE. (2) to return such samples to Earth for sci- Space Telescope on a schedule to meet the objec- (a) SENSE OF CONGRESS.—It is the sense of entific analysis. Congress that— tive of safely launching the James Webb Space (c) USE OF EXISTING CAPABILITIES AND AS- (1) the report entitled ‘‘An Astrobiology Strat- Telescope not later than March 31, 2021. SETS.—In carrying out this section, the Adminis- egy for the Search for Life in the Universe’’ SEC. 305. WIDE-FIELD INFRARED SURVEY TELE- trator shall, to the maximum extent practicable, published by the National Academies of SCOPE. use existing capabilities and assets of NASA Sciences, Engineering, and Medicine outlines (a) SENSE OF CONGRESS.—It is the sense of centers. the key scientific questions and methods for ful- Congress that— SEC. 309. PLANETARY DEFENSE COORDINATION filling the objective of NASA to search for the (1) major growth in the cost of astrophysics OFFICE. origin, evolution, distribution, and future of life flagship-class missions has impacted the overall (a) FINDINGS.—Congress makes the following in the universe; and portfolio balance of the Science Mission Direc- findings: (2) the interaction of lifeforms with their envi- torate; and (1) Near-Earth objects remain a threat to the ronment, a central focus of astrobiology re- (2) the Administrator should continue to de- United States. search, is a topic of broad significance to life velop the Wide-Field Infrared Survey Telescope (2) Section 321(d)(1) of the National Aero- sciences research in space and on Earth. with a development cost of not more than nautics and Space Administration Authoriza- (b) PROGRAM CONTINUATION.— $3,200,000,000. tion Act of 2005 (Public Law 109–155; 119 Stat. (1) IN GENERAL.—The Administrator shall con- (b) PROJECT CONTINUATION.—The Adminis- 2922; 51 U.S.C. 71101 note prec.) established a re- tinue to implement a collaborative, multidisci- trator shall continue to develop the Wide-Field quirement that the Administrator plan, develop,

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7657 and implement a Near-Earth Object Survey pro- Aeronautics and Space Administration Author- and continue to operate an open data program gram to detect, track, catalogue, and charac- ization Act of 2019 since the date of enactment that— terize the physical characteristics of near-Earth of that Act. (1) is consistent with the greatest degree of objects equal to or greater than 140 meters in di- ‘‘(2) A description of the progress with respect interactivity, interoperability, and accessibility; ameter in order to assess the threat of such to the design, development, and launch of the and near-Earth objects to the Earth, with the goal of space-based infrared survey telescope required (2) enables outside communities, including the 90-percent completion of the catalogue of such by section 309(b)(2)(A) of the National Aero- research and applications community, private near-Earth objects by December 30, 2020. nautics and Space Administration Authoriza- industry, academia, and the general public, to (3) The current planetary defense strategy of tion Act of 2019. effectively collaborate in areas important to— NASA acknowledges that such goal will not be ‘‘(3) An assessment of the progress toward (A) studying the Earth system and improving met. meeting the requirements of subsection (d)(1). the prediction of Earth system change; and (4) The report of the National Academies of ‘‘(4) A description of the status of efforts to (B) improving model development, data as- Sciences, Engineering, and Medicine entitled coordinate planetary defense activities in re- similation techniques, systems architecture inte- ‘‘Finding Hazardous Asteroids Using Infrared sponse to a threat posed by a near-Earth object gration, and computational efficiencies; and and Visible Wavelength Telescopes’’ issued in with other Federal agencies since the date of en- (3) meets basic end-user requirements for run- 2019 states that— actment of the National Aeronautics and Space ning on public computers and networks located (A) NASA cannot accomplish such goal with Administration Authorization Act of 2019. outside of secure Administration information currently available assets; ‘‘(5) A description of the status of efforts to and technology systems. (B) NASA should develop and launch a dedi- coordinate and cooperate with other countries (c) HOSTING.—The program under subsection cated space-based infrared survey telescope to to discover hazardous asteroids and comets, (b) shall use, as appropriate and cost-effective, meet the requirements of section 321(d)(1) of the plan a mitigation strategy, and implement that innovative strategies and methods for hosting National Aeronautics and Space Administration strategy in the event of the discovery of an ob- and management of part or all of the program, Authorization Act of 2005 (Public Law 109–155; ject on a likely collision course with Earth. including cloud-based computing capabilities. 119 Stat. 2922; 51 U.S.C. 71101 note prec.); and ‘‘(6) A summary of expenditures for all activi- SEC. 312. SENSE OF CONGRESS ON SMALL SAT- (C) the early detection of potentially haz- ties carried out by the Planetary Defense Co- ELLITE SCIENCE. ardous near-Earth objects enabled by a space- ordination Office since the date of enactment of It is the sense of Congress that— based infrared survey telescope is important to the National Aeronautics and Space Adminis- (1) small satellites— enable deflection of a dangerous asteroid. tration Authorization Act of 2019.’’. (A) are increasingly robust, effective, and af- (5) A comprehensive survey of near-Earth ob- (d) LIMITATION ON USE OF FUNDS.—Of the fordable platforms for carrying out space science jects is vital to— amounts authorized to be appropriated by this missions; (A) the national security of the United States; Act, not more than 80 percent of amounts au- (B) can work in tandem with or augment larg- and thorized to be appropriated for the Office of the er NASA spacecraft to support high-priority (B) the safety and security of the assets and Administrator for a fiscal year may be obligated science missions of NASA; and personnel of the United States Armed Forces or expended until the date on which the Admin- (C) are cost effective solutions that may allow throughout the world. istrator submits the report for such fiscal year NASA to continue collecting legacy observations (b) ESTABLISHMENT OF PLANETARY DEFENSE required by section 321(f) of the National Aero- while developing next-generation science mis- COORDINATION OFFICE.— nautics and Space Administration Authoriza- sions; and (1) IN GENERAL.—Not later than 90 days after tion Act of 2005 (Public Law 109–155; 119 Stat. (2) NASA should continue to support small the date of the enactment of this Act, the Ad- 2922; 51 U.S.C. 71101 note prec.). satellite research, development, technologies, ministrator shall establish an office within the (e) NEAR-EARTH OBJECT DEFINED.—In this and programs, including technologies for com- Planetary Science Division of the Science Mis- section, the term ‘‘near-Earth object’’ means an pact and lightweight instrumentation for small sion Directorate, to be known as the ‘‘Planetary asteroid or comet with a perihelion distance of satellites. Defense Coordination Office’’, to plan, develop, less than 1.3 Astronomical Units from the Sun. SEC. 313. SENSE OF CONGRESS ON COMMERCIAL and implement a program to survey threats SEC. 310. SUBORBITAL SCIENCE FLIGHTS. SPACE SERVICES. posed by near-Earth objects equal to or greater (a) SENSE OF CONGRESS.—It is the sense of than 140 meters in diameter, as required by sec- It is the sense of Congress that— Congress that commercially available suborbital (1) the Administration should explore partner- tion 321(d)(1) of the National Aeronautics and flight platforms enable low-cost access to a Space Administration Authorization Act of 2005 ships with the commercial space industry for microgravity environment to advance science space science missions in and beyond Earth (Public Law 109–155; 119 Stat. 2922; 51 U.S.C. and train scientists and engineers under the 71101 note prec.). orbit, including partnerships relating to payload Suborbital Research Program established under and instrument hosting and commercially avail- (2) ACTIVITIES.—The Administrator shall— section 802(c) of the National Aeronautics and able datasets; and (A) develop and, not later than September 30, Space Administration Authorization Act of 2010 2025, launch a space-based infrared survey tele- (2) such partnerships could result in increased (42 U.S.C. 18382(c)). mission cadence, technology advancement, and scope that is capable of detecting near-Earth ob- (b) REPORT.— cost savings for the Administration. jects equal to or greater than 140 meters in di- (1) IN GENERAL.—Not later than 270 days after ameter, with preference given to planetary mis- the date of the enactment of this Act, the Ad- SEC. 314. PROCEDURES FOR IDENTIFYING AND sions selected by the Administrator as of the ministrator shall submit to the appropriate com- ADDRESSING ALLEGED VIOLATIONS OF SCIENTIFIC INTEGRITY POLICY. date of the enactment of this Act to pursue con- mittees of Congress a report evaluating the man- Not later than October 1, 2020, the Adminis- cept design studies relating to the development ner in which suborbital flight platforms can trator shall develop and document procedures of a space-based infrared survey telescope; contribute to meeting the science objectives of for identifying and addressing alleged violations (B) identify, track, and characterize poten- NASA for the Science Mission Directorate and of the scientific integrity policy of NASA. tially hazardous near-Earth objects and issue the Human Exploration and Operations Mission warnings of the effects of potential impacts of Directorate. TITLE IV—AERONAUTICS such objects; and (2) CONTENTS.—The report required by para- SEC. 401. SHORT TITLE. (C) assist in coordinating Government plan- graph (1) shall include the following: This title may be cited as the ‘‘Aeronautics In- ning for response to a potential impact of a (A) An assessment of the advantages of sub- novation Act’’. near-Earth object. orbital flight platforms to meet science objec- SEC. 402. DEFINITIONS. (3) DEPARTMENT OF DEFENSE SUPPORT.—The tives. Secretary of Defense shall, as appropriate, sup- (B) An evaluation of the challenges to greater In this title: port efforts of the Administrator in carrying out use of commercial suborbital flight platforms for (1) AERONAUTICS STRATEGIC IMPLEMENTATION this section. science purposes. PLAN.—The term ‘‘Aeronautics Strategic Imple- (c) ANNUAL REPORT.—Section 321(f) of the Na- (C) An analysis of whether commercial sub- mentation Plan’’ means the Aeronautics Stra- tional Aeronautics and Space Administration orbital flight platforms can provide low-cost tegic Implementation Plan issued by the Aero- Authorization Act of 2005 (Public Law 109–155; flight opportunities to test lunar and Mars nautics Research Mission Directorate. 119 Stat. 2922; 51 U.S.C. 71101 note prec.) is science payloads. (2) UNMANNED AIRCRAFT; UNMANNED AIRCRAFT SYSTEM.—The terms ‘‘unmanned aircraft’’ and amended to read as follows: SEC. 311. EARTH SCIENCE DATA AND OBSERVA- ‘‘(f) ANNUAL REPORT.—Not later than Sep- TIONS. ‘‘unmanned aircraft system’’ have the meanings tember 30, 2020, and annually thereafter (a) IN GENERAL.—The Administrator shall given those terms in section 44801 of title 49, through 90-percent completion of the catalogue make available to the public in an easily acces- United States Code. required by subsection (d)(1), the Administrator sible electronic database all data (including (3) X-PLANE.—The term ‘‘X-plane’’ means an shall submit to the Committee on Commerce, metadata, documentation, models, data proc- experimental aircraft that is— Science, and Transportation of the Senate and essing methods, images, synchronization frames, (A) used to test and evaluate a new tech- the Committee on Science, Space, and Tech- communications headers, duplicate data, and nology or aerodynamic concept; and nology of the House of Representatives a report research results) of the missions and programs (B) operated by NASA or the Department of that includes the following: of the Earth Science Division of the Administra- Defense. ‘‘(1) A summary of all activities carried out by tion, or any successor division. SEC. 403. EXPERIMENTAL AIRCRAFT PROJECTS. the Planetary Defense Coordination Office es- (b) OPEN DATA PROGRAM.—In carrying out (a) SENSE OF CONGRESS.—It is the sense of tablished under section 309(b)(1) of the National subsection (a), the Administrator shall establish Congress that—

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7658 CONGRESSIONAL RECORD — SENATE December 18, 2020 (1) developing high-risk, precompetitive aero- (ii) each based on a set of new configuration (E) coordinate with advanced manufacturing space technologies for which there is not yet a concepts or technologies determined by the Ad- and composites initiatives in other mission direc- profit rationale is a fundamental role of NASA; ministrator to demonstrate— torates of NASA, as the Administrator considers (2) large-scale piloted flight test experimen- (I) aircraft and propulsion concepts and tech- appropriate. tation and validation are necessary for— nologies and related advances in alternative (e) RESEARCH PARTNERSHIPS.—In carrying out (A) transitioning new technologies and mate- propulsion and energy; and the projects under subsection (c) and a program rials, including associated manufacturing proc- (II) flight propulsion concepts and tech- under subsection (d), the Administrator may en- esses, for general aviation, commercial aviation, nologies. gage in cooperative research programs with— and military aeronautics use; and (2) ELEMENTS.—For each project under para- (1) academia; and (B) capturing the full extent of benefits from graph (1), the Administrator shall— (2) commercial aviation and aerospace manu- investments made by the Aeronautics Research (A) include the development of X-planes and facturers. Mission Directorate in priority programs called all necessary supporting flight test assets; SEC. 404. UNMANNED AIRCRAFT SYSTEMS. for in— (B) pursue a robust technology maturation (a) UNMANNED AIRCRAFT SYSTEMS OPERATION (i) the National Aeronautics Research and De- and flight test validation effort; PROGRAM.—The Administrator shall— velopment Plan issued by the National Science (C) improve necessary facilities, flight testing (1) research and test capabilities and con- and Technology Council in February 2010; capabilities, and computational tools to support cepts, including unmanned aircraft systems (ii) the NASA 2014 Strategic Plan; the project; communications, for integrating unmanned air- (iii) the Aeronautics Strategic Implementation (D) award any primary contracts for design, craft systems into the national airspace system; Plan; and procurement, and manufacturing to United (2) leverage the partnership NASA has with (iv) any updates to the programs called for in States persons, consistent with international ob- industry focused on the advancement of tech- the plans described in clauses (i) through (iii); ligations and commitments; nologies for future air traffic management sys- (3) a level of funding that adequately supports (E) coordinate research and flight test dem- tems for unmanned aircraft systems; and large-scale piloted flight test experimentation onstration activities with other Federal agencies (3) continue to align the research and testing and validation, including related infrastructure, and the United States aviation community, as portfolio of NASA to inform the integration of should be ensured over a sustained period of the Administrator considers appropriate; and unmanned aircraft systems into the national time to restore the capacity of NASA— (F) ensure that the project is aligned with the airspace system, consistent with public safety (A) to see legacy priority programs through to Aeronautics Strategic Implementation Plan and and national security objectives. completion; and any updates to the Aeronautics Strategic Imple- (b) SENSE OF CONGRESS ON COORDINATION (B) to achieve national economic and security mentation Plan. WITH FEDERAL AVIATION ADMINISTRATION.—It objectives; and (3) UNITED STATES PERSON DEFINED.—In this is the sense of Congress that— (4) NASA should not be directly involved in subsection, the term ‘‘United States person’’ (1) NASA should continue— the Type Certification of aircraft for current means— (A) to coordinate with the Federal Aviation and future scheduled commercial air service (A) a United States citizen or an alien law- Administration on research on air traffic man- under part 121 or 135 of title 14, Code of Federal fully admitted for permanent residence to the agement systems for unmanned aircraft systems; Regulations, that would result in reductions in United States; or and crew augmentation or single pilot or autono- (B) an entity organized under the laws of the (B) to assist the Federal Aviation Administra- mously operated aircraft. United States or of any jurisdiction within the tion in the integration of air traffic management (b) STATEMENT OF POLICY.—It is the policy of United States, including a foreign branch of systems for unmanned aircraft systems into the the United States— such an entity. national airspace system; and (1) to maintain world leadership in— (d) ADVANCED MATERIALS AND MANUFAC- (2) the test ranges (as defined in section 44801 (A) military and civilian aeronautical science TURING TECHNOLOGY PROGRAM.— of title 49, United States Code) should continue and technology; (1) IN GENERAL.—The Administrator may es- to be leveraged for research on— (B) global air power projection; and tablish an advanced materials and manufac- (A) air traffic management systems for un- (C) industrialization; and turing technology program— manned aircraft systems; and (2) to maintain as a fundamental objective of (A) to develop— (B) the integration of such systems into the NASA aeronautics research the steady progres- (i) new materials, including composite and national airspace system. sion and expansion of flight research and capa- high-temperature materials, from base material SEC. 405. 21ST CENTURY AERONAUTICS CAPABILI- bilities, including the science and technology of formulation through full-scale structural valida- TIES INITIATIVE. critical underlying disciplines and competencies, tion and manufacture; (a) IN GENERAL.—The Administrator may es- such as— (ii) advanced materials and manufacturing tablish an initiative, to be known as the ‘‘21st (A) computational-based analytical and pre- processes, including additive manufacturing, to Century Aeronautics Capabilities Initiative’’, dictive tools and methodologies; reduce the cost of manufacturing scale-up and within the Construction and Environmental (B) aerothermodynamics; certification for use in general aviation, com- Compliance and Restoration Account, to ensure (C) propulsion; mercial aviation, and military aeronautics; and that NASA possesses the infrastructure and ca- (D) advanced materials and manufacturing (iii) noninvasive or nondestructive techniques pabilities necessary to conduct proposed flight processes; for testing or evaluating aviation and aero- demonstration projects across the range of (E) high-temperature structures and mate- nautics structures, including for materials and NASA aeronautics interests. rials; and manufacturing processes; (b) ACTIVITIES.—In carrying out the 21st Cen- (F) guidance, navigation, and flight controls. (B) to reduce the time it takes to design, in- tury Aeronautics Capabilities Initiative, the Ad- (c) ESTABLISHMENT AND CONTINUATION OF X- dustrialize, and certify advanced materials and ministrator may carry out the following activi- PLANE PROJECTS.— manufacturing processes; ties: (1) IN GENERAL.—The Administrator shall es- (C) to provide education and training oppor- (1) Any investments the Administrator con- tablish or continue to implement, in a manner tunities for the aerospace workforce; and siders necessary to upgrade and create facilities that is consistent with the roadmap for super- (D) to address global cost and human capital for civil and national security aeronautics re- sonic aeronautics research and development re- competitiveness for United States aeronautical search to support advancements in— quired by section 604(b) of the National Aero- industries and technological leadership in ad- (A) long-term foundational science and tech- nautics and Space Administration Transition vanced materials and manufacturing tech- nology; Authorization Act of 2017 (Public Law 115–10; nology. (B) advanced aircraft systems; 131 Stat. 55), the following projects: (2) ELEMENTS.—In carrying out a program (C) air traffic management systems; (A) A low-boom supersonic aircraft project to under paragraph (1), the Administrator shall— (D) fuel efficiency; demonstrate supersonic aircraft designs and (A) build on work that was carried out by the (E) electric propulsion technologies; technologies that— Advanced Composites Project of NASA; (F) system-wide safety assurance; (i) reduce sonic boom noise; and (B) partner with the private and academic (G) autonomous aviation; and (ii) assist the Administrator of the Federal sectors, such as members of the Advanced Com- (H) supersonic and hypersonic aircraft design Aviation Administration in enabling— posites Consortium of NASA, the Joint Ad- and development. (I) the safe commercial deployment of civil su- vanced Materials and Structures Center of Ex- (2) Any measures the Administrator considers personic aircraft technology; and cellence of the Federal Aviation Administration, necessary to support flight testing activities, in- (II) the safe and efficient operation of civil su- the Manufacturing USA institutes of the De- cluding— personic aircraft. partment of Commerce, and national labora- (A) continuous refinement and development of (B) A subsonic flight demonstrator aircraft tories, as the Administrator considers appro- free-flight test techniques and methodologies; project to advance aircraft designs and tech- priate; (B) upgrades and improvements to real-time nologies that enable significant increases in en- (C) provide a structure for managing intellec- tracking and data acquisition; and ergy efficiency and reduced life-cycle emissions tual property generated by the program based (C) such other measures relating to aero- in the aviation system while reducing noise and on or consistent with the structure established nautics research support and modernization as emissions. for the Advanced Composites Consortium of the Administrator considers appropriate to carry (C) A series of large-scale X-plane demonstra- NASA; out the scientific study of the problems of flight, tors that are— (D) ensure adequate Federal cost share for ap- with a view to practical solutions for such prob- (i) developed sequentially or in parallel; and plicable research; and lems.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7659 SEC. 406. SENSE OF CONGRESS ON ON-DEMAND flight opportunities for payloads to microgravity (B) submit to Congress a report on a plan for AIR TRANSPORTATION. environments and suborbital altitudes as re- such a demonstration. It is the sense of Congress that— quired by section 907(c) of the National Aero- (2) DEMONSTRATION.—Not later than Decem- (1) greater use of high-speed air transpor- nautics and Space Administration Authoriza- ber 31, 2024, the Administrator shall conduct the tation, small airports, helipads, vertical flight tion Act of 2010 (42 U.S.C. 18405(c)), as amended flight demonstration described in paragraph (1). infrastructure, and other aviation-related infra- by subsection (b). SEC. 505. MARS-FORWARD TECHNOLOGIES. structure can alleviate surface transportation (b) ESTABLISHMENT.—Section 907(c) of the Na- (a) SENSE OF CONGRESS.—It is the sense of congestion and support economic growth within tional Aeronautics and Space Administration Congress that the Administrator should pursue cities; Authorization Act of 2010 (42 U.S.C. 18405(c)) is multiple technical paths for entry, descent, and (2) with respect to urban air mobility and re- amended to read as follows: landing for Mars, including competitively se- lated concepts, NASA should continue— ‘‘(c) ESTABLISHMENT.— lected technology demonstration missions. (A) to conduct research focused on concepts, ‘‘(1) IN GENERAL.—The Administrator shall es- (b) PRIORITIZATION OF LONG-LEAD TECH- technologies, and design tools; and tablish a Commercial Reusable Suborbital Re- NOLOGIES AND SYSTEMS.—The Administrator (B) to support the evaluation of advanced search Program within the Space Technology shall prioritize, within the Space Technology technologies and operational concepts that can Mission Directorate to fund— Mission Directorate, research, testing, and de- be leveraged by— ‘‘(A) the development of payloads for sci- velopment of long-lead technologies and systems (i) industry to develop future vehicles and sys- entific research, technology development, and for Mars, including technologies and systems re- tems; and education; lating to— (ii) the Federal Aviation Administration to ‘‘(B) flight opportunities for those payloads to (1) entry, descent, and landing; and support vehicle safety and operational certifi- microgravity environments and suborbital alti- (2) in-space propulsion, including nuclear cation; and tudes; and propulsion, cryogenic fluid management, in-situ (3) NASA should leverage ongoing efforts to ‘‘(C) transition of those payloads to orbital large-scale additive manufacturing, and electric develop advanced technologies to actively sup- opportunities. propulsion (including solar electric propulsion port the research needed for on-demand air ‘‘(2) COMMERCIAL REUSABLE VEHICLE leveraging lessons learned from the power and transportation. FLIGHTS.—In carrying out the Commercial Reus- propulsion element of the lunar outpost) op- SEC. 407. SENSE OF CONGRESS ON HYPERSONIC able Suborbital Research Program, the Adminis- tions. TECHNOLOGY RESEARCH. trator may fund engineering and integration SEC. 506. PRIORITIZATION OF LOW-ENRICHED It is the sense of Congress that— demonstrations, proofs of concept, and edu- URANIUM TECHNOLOGY. (1) hypersonic technology is critical to the de- cational experiments for flights of commercial (a) SENSE OF CONGRESS.—It is the sense of velopment of advanced high-speed aerospace ve- reusable vehicles. Congress that— hicles for both civilian and national security ‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI- (1) space technology, including nuclear pro- purposes; CLES.—In carrying out the Commercial Reusable pulsion technology and space surface power re- (2) for hypersonic vehicles to be realized, re- Suborbital Research Program, the Administrator actors, should be developed in a manner con- search is needed to overcome technical chal- may not fund the development of commercial sistent with broader United States foreign pol- lenges, including in propulsion, advanced mate- suborbital launch vehicles. icy, national defense, and space exploration and rials, and flight performance in a severe envi- ‘‘(4) WORKING WITH MISSION DIRECTORATES.— commercialization priorities; ronment; In carrying out the Commercial Reusable Sub- (2) highly enriched uranium presents security (3) NASA plays a critical role in supporting orbital Research Program, the Administrator and nuclear nonproliferation concerns; fundamental hypersonic research focused on shall work with the mission directorates of (3) since 1977, based on the concerns associ- system design, analysis and validation, and pro- NASA to achieve the research, technology, and ated with highly enriched uranium, the United pulsion technologies; States has promoted the use of low-enriched (4) NASA research efforts in hypersonic tech- education goals of NASA.’’. (c) CONFORMING AMENDMENT.—Section 907(b) uranium over highly enriched uranium in non- nology should complement research supported of the National Aeronautics and Space Adminis- military contexts, including research and com- by the Department of Defense to the maximum tration Authorization Act of 2010 (42 U.S.C. mercial applications; extent practicable, since contributions from both 18405(b)) is amended, in the first sentence, by (4) as part of United States efforts to limit agencies working in partnership with univer- striking ‘‘Commercial Reusable Suborbital Re- international use of highly enriched uranium, sities and industry are necessary to overcome search Program in’’ and inserting ‘‘Commercial the United States has actively pursued— key technical challenges; (A) since 1978, the conversion of domestic and Reusable Suborbital Research Program estab- (5) previous coordinated research programs be- foreign research reactors that use highly en- lished under subsection (c)(1) within’’. tween NASA and the Department of Defense en- riched uranium fuel to low-enriched uranium abled important progress on hypersonic tech- SEC. 503. SMALL SPACECRAFT TECHNOLOGY PRO- fuel and the avoidance of any new research re- GRAM. nology; actors that use highly enriched uranium fuel; (a) SENSE OF CONGRESS.—It is the sense of (6) the commercial sector could provide flight and platforms and other capabilities that are able to Congress that the Small Spacecraft Technology (B) since 1994, the elimination of international host and support NASA hypersonic technology Program is important for conducting science commerce in highly enriched uranium for civil- research projects; and and technology validation for— ian purposes; and (7) in carrying out hypersonic technology re- (1) short- and long-duration missions in low- (5) the use of low-enriched uranium in place search projects, the Administrator should— Earth orbit; of highly enriched uranium has security, non- (2) deep space missions; and (A) focus research and development efforts on proliferation, and economic benefits, including (3) deorbiting capabilities designed specifically high-speed propulsion systems, reusable vehicle for the national space program. for smaller spacecraft. technologies, high-temperature materials, and (b) PRIORITIZATION OF LOW-ENRICHED URA- (b) ACCOMMODATION OF CERTAIN PAYLOADS.— NIUM TECHNOLOGY.—The Administrator shall es- systems analysis; In carrying out the Small Spacecraft Tech- (B) coordinate with the Department of De- tablish and prioritize, within the Space Tech- nology Program, the Administrator shall, as the fense to prevent duplication of efforts and of in- nology Mission Directorate, a program for the mission risk posture and technology develop- vestments; research, testing, and development of a space (C) include partnerships with universities and ment objectives allow, accommodate science pay- surface power reactor design that uses low-en- industry to accomplish research goals; and loads that further the goal of long-term human riched uranium fuel. (D) maximize public-private use of commer- exploration to the Moon and Mars. (c) REPORT ON NUCLEAR TECHNOLOGY cially available platforms for hosting research SEC. 504. NUCLEAR PROPULSION TECHNOLOGY. PRIORITIZATION.—Not later than 120 days after and development flight projects. (a) SENSE OF CONGRESS.—It is the sense of the date of the enactment of this Act, the Ad- TITLE V—SPACE TECHNOLOGY Congress that nuclear propulsion is critical to ministrator shall submit to the appropriate com- the development of advanced spacecraft for ci- mittees of Congress a report that— SEC. 501. SPACE TECHNOLOGY MISSION DIREC- vilian and national defense purposes. TORATE. (1) details the actions taken to implement sub- (b) DEVELOPMENT; STUDIES.—The Adminis- (a) SENSE OF CONGRESS.—It is the sense of section (b); and trator shall, in coordination with the Secretary (2) identifies a plan and timeline under which Congress that an independent Space Technology of Energy and the Secretary of Defense— such subsection will be implemented. Mission Directorate is critical to ensuring con- (1) continue to develop the fuel element design (d) DEFINITIONS.—In this section: tinued investments in the development of tech- for NASA nuclear propulsion technology; (1) HIGHLY ENRICHED URANIUM.—The term nologies for missions across the portfolio of (2) finalize the systems feasibility studies for ‘‘highly enriched uranium’’ means uranium NASA, including science, aeronautics, and such technology; and having an assay of 20 percent or greater of the human exploration. (3) partner with members of commercial indus- uranium-235 isotope. (b) SPACE TECHNOLOGY MISSION DIREC- try to conduct mission concept studies on such (2) LOW-ENRICHED URANIUM.—The term ‘‘low- TORATE.—The Administrator shall maintain a technology. enriched uranium’’ means uranium having an Space Technology Mission Directorate con- (c) NUCLEAR PROPULSION TECHNOLOGY DEM- assay greater than the assay for natural ura- sistent with section 702 of the National Aero- ONSTRATION.— nium but less than 20 percent of the uranium- nautics and Space Administration Transition (1) DETERMINATION; REPORT.—Not later than 235 isotope. Authorization Act of 2017 (51 U.S.C. 20301 note). December 31, 2021, the Administrator shall— SEC. 507. SENSE OF CONGRESS ON NEXT-GENERA- SEC. 502. FLIGHT OPPORTUNITIES PROGRAM. (A) determine the correct approach for con- TION COMMUNICATIONS TECH- (a) SENSE OF CONGRESS.—It is the sense of ducting a flight demonstration of nuclear pro- NOLOGY. Congress that the Administrator should provide pulsion technology; and It is the sense of Congress that—

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(1) optical communications technologies— (d) STEM EDUCATION DEFINED.—In this sec- (6) by redesignating paragraph (9) as para- (A) will be critical to the development of next- tion, the term ‘‘STEM education’’ has the mean- graph (7); generation space-based communications net- ing given the term in section 2 of the STEM (7) in paragraph (7)(B), as so redesignated, by works; Education Act of 2015 (Public Law 114–59; 42 inserting ‘‘and aeronautics’’ after ‘‘space’’; (B) have the potential to allow NASA to ex- U.S.C. 6621 note). (8) by striking paragraph (10); and pand the volume of data transmissions in low- SEC. 603. SKILLED TECHNICAL EDUCATION OUT- (9) by adding at the end the following: Earth orbit and deep space; and REACH PROGRAM. ‘‘(8) STEM.—The term ‘STEM’ means science, (C) may provide more secure and cost-effective (a) ESTABLISHMENT.—The Administrator shall technology, engineering, and mathematics.’’. solutions than current radio frequency commu- establish a program to conduct outreach to sec- (c) PROGRAM OBJECTIVE.—Section 40303 of nications systems; ondary school students— title 51, United States Code, is amended— (2) quantum encryption technology has prom- (1) to expose students to careers that require (1) by striking subsections (d) and (e); ising implications for the security of the satellite career and technical education; and (2) by redesignating subsection (c) as sub- and terrestrial communications networks of the (2) to encourage students to pursue careers section (e); and United States, including optical communications that require career and technical education. (3) by striking subsection (b) and inserting the networks, and further research and development (b) OUTREACH PLAN.—Not later than 180 days following: by NASA with respect to quantum encryption is after the date of the enactment of this Act, the ‘‘(b) PROGRAM OBJECTIVE.— essential to maintaining the security of the Administrator shall submit to the appropriate ‘‘(1) IN GENERAL.—The Administrator shall United States and United States leadership in committees of Congress a report on the outreach carry out the national space grant college and space; and program under subsection (a) that includes— fellowship program with the objective of pro- (3) in order to provide NASA with more secure (1) an implementation plan; viding hands-on research, training, and edu- and reliable space-based communications, the (2) a description of the resources needed to cation programs with measurable outcomes in Space Communications and Navigation program carry out the program; and each State, including programs to provide— office of NASA should continue— (3) any recommendations on expanding out- ‘‘(A) internships, fellowships, and scholar- (A) to support research on and development of reach to secondary school students interested in ships; optical communications; and skilled technical occupations. ‘‘(B) interdisciplinary hands-on mission pro- (B) to develop quantum encryption capabili- (c) SYSTEMS OBSERVATION.— grams and design projects; ties, especially as those capabilities apply to op- (1) IN GENERAL.—The Administrator shall de- ‘‘(C) student internships with industry or uni- tical communications networks. velop a program and associated policies to allow versity researchers or at centers of the Adminis- TITLE VI—STEM ENGAGEMENT students from accredited educational institu- tration; tions to view the manufacturing, assembly, and ‘‘(D) faculty and curriculum development ini- SEC. 601. SENSE OF CONGRESS. testing of NASA-funded space and aeronautical tiatives; It is the sense of Congress that— systems, as the Administrator considers appro- ‘‘(E) university-based research initiatives re- (1) NASA serves as a source of inspiration to priate. lating to the Administration and the STEM the people of the United States; and (2) CONSIDERATIONS.—In developing the pro- workforce needs of each State; or (2) NASA is uniquely positioned to help in- gram and policies under paragraph (1), the Ad- ‘‘(F) STEM engagement programs for kinder- crease student interest in science, technology, ministrator shall take into consideration factors garten through grade 12 teachers and students. engineering, and math; such as workplace safety, mission needs, and ‘‘(2) PROGRAM PRIORITIES.—In carrying out (3) engaging students, and providing hands- the protection of sensitive and proprietary tech- the objective described in paragraph (1), the Ad- on experience at an early age, in science, tech- nologies. ministrator shall ensure that each program car- nology, engineering, and math are important as- ried out by a space grant consortium under the pects of ensuring and promoting United States SEC. 604. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM. national space grant college and fellowship pro- leadership in innovation; and (a) PURPOSES.—Section 40301 of title 51, gram balances the following priorities: (4) NASA should strive to leverage its unique United States Code, is amended— ‘‘(A) The space and aeronautics research position— (1) in paragraph (3)— needs of the Administration, including the mis- (A) to increase kindergarten through grade 12 (A) in subparagraph (B), by striking ‘‘and’’ at sion directorates. involvement in NASA projects; the end; ‘‘(B) The need to develop a national STEM (B) to enhance higher education in STEM (B) in subparagraph (C), by adding ‘‘and’’ workforce. fields in the United States; after the semicolon at the end; and ‘‘(C) The STEM workforce needs of the State. (C) to support individuals who are underrep- (C) by adding at the end the following: ‘‘(c) PROGRAM ADMINISTERED THROUGH SPACE resented in science, technology, engineering, ‘‘(D) promote equally the State and regional GRANT CONSORTIA.—The Administrator shall and math fields, such as women, minorities, and STEM interests of each space grant consor- carry out the national space grant college and individuals in rural areas; and tium;’’; and fellowship program through the space grant (D) to provide flight opportunities for student (2) in paragraph (4), by striking ‘‘made up of consortia. experiments and investigations. university and industry members, in order to ad- ‘‘(d) SUSPENSION; TERMINATION; NEW COM- SEC. 602. STEM EDUCATION ENGAGEMENT AC- vance’’ and inserting ‘‘comprised of members of PETITION.— TIVITIES. universities in each State and other entities, ‘‘(1) SUSPENSION.—The Administrator may, for (a) IN GENERAL.—The Administrator shall such as 2-year colleges, industries, science cause and after an opportunity for hearing, sus- continue to provide opportunities for formal and learning centers, museums, and government en- pend a lead institution that was designated by informal STEM education engagement activities tities, to advance’’. the Administrator under section 40306, as in ef- within the Office of NASA STEM Engagement (b) DEFINITIONS.—Section 40302 of title 51, fect on the day before the date of the enactment and other NASA directorates, including— United States Code, is amended— of the National Aeronautics and Space Adminis- (1) the Established Program to Stimulate Com- (1) by striking paragraph (3); tration Authorization Act of 2019. petitive Research; (2) by inserting after paragraph (2) the fol- ‘‘(2) TERMINATION.—If the issue resulting in a (2) the Minority University Research and lowing: suspension under paragraph (1) is not resolved Education Project; and ‘‘(3) LEAD INSTITUTION.—The term ‘lead insti- within a period determined by the Adminis- (3) the National Space Grant College and Fel- tution’ means an entity in a State that— trator, the Administrator may terminate the des- lowship Program. ‘‘(A) was designated by the Administrator ignation of the entity as a lead institution. (b) LEVERAGING NASA NATIONAL PROGRAMS under section 40306, as in effect on the day be- ‘‘(3) NEW COMPETITION.—If the Administrator TO PROMOTE STEM EDUCATION.—The Adminis- fore the date of the enactment of the National terminates the designation of an entity as a lead trator, in partnership with museums, nonprofit Aeronautics and Space Administration Author- institution, the Administrator may initiate a organizations, and commercial entities, shall, to ization Act of 2019; or new competition in the applicable State for the the maximum extent practicable, leverage ‘‘(B) is designated by the Administrator under designation of a lead institution.’’. human spaceflight missions, Deep Space Explo- section 40303(d)(3).’’; (d) GRANTS.—Section 40304 of title 51, United ration Systems (including the Space Launch (3) in paragraph (4), by striking ‘‘space grant States Code, is amended to read as follows: System, Orion, and Exploration Ground Sys- college, space grant regional consortium, insti- tems), and NASA science programs to engage tution of higher education,’’ and inserting ‘‘lead ‘‘§ 40304. Grants students at the kindergarten through grade 12 institution, space grant consortium,’’; ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM DE- and higher education levels to pursue learning (4) by striking paragraphs (6), (7), and (8); FINED.—In this section, the term ‘eligible space and career opportunities in STEM fields. (5) by inserting after paragraph (5) the fol- grant consortium’ means a space grant consor- (c) BRIEFING.—Not later than 1 year after the lowing: tium that the Administrator has determined— date of the enactment of this Act, the Adminis- ‘‘(6) SPACE GRANT CONSORTIUM.—The term ‘‘(1) has the capability and objective to carry trator shall brief the appropriate committees of ‘space grant consortium’ means a State-wide out not fewer than 3 of the 6 programs under Congress on— group, led by a lead institution, that has estab- section 40303(b)(1); (1) the status of the programs described in lished partnerships with other academic institu- ‘‘(2) will carry out programs that balance the subsection (a); and tions, industries, science learning centers, muse- priorities described in section 40303(b)(2); and (2) the manner by which each NASA STEM ums, and government entities to promote a ‘‘(3) is engaged in research, training, and edu- education engagement activity is organized and strong educational base in the space and aero- cation relating to space and aeronautics. funded. nautical sciences.’’; ‘‘(b) GRANTS.—

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‘‘(1) IN GENERAL.—The Administrator shall ‘‘(B) the purchase, construction, preservation, SEC. 702. ESTABLISHMENT OF MULTI-INSTITU- award grants to the lead institutions of eligible or repair of a building; or TION CONSORTIA AND UNIVERSITY- space grant consortia to carry out the programs ‘‘(C) the purchase or construction of a launch AFFILIATED RESEARCH CENTERS. under section 40303(b)(1). facility or launch vehicle. (a) IN GENERAL.—The Administrator, pursu- ant to section 2304(c)(3)(B) of title 10, United ‘‘(2) REQUEST FOR PROPOSALS.— ‘‘(2) LEASES.—Notwithstanding paragraph (1), ‘‘(A) IN GENERAL.—Not later than 180 days land, buildings, launch facilities, and launch States Code, may— (1) establish one or more multi-institution con- after the date of the enactment of the National vehicles may be leased under a grant on written sortia or university-affiliated research centers to Aeronautics and Space Administration Author- approval by the Administrator. facilitate access to essential engineering, re- ization Act of 2019, the Administrator shall issue ‘‘(3) RECORDS.— search, and development capabilities in support a request for proposals from space grant con- ‘‘(A) IN GENERAL.—Any person that receives sortia for the award of grants under this sec- of NASA missions; or uses the proceeds of a grant under this sec- (2) use such a consortium or research center to tion. tion shall keep such records as the Adminis- fund technical analyses and other engineering ‘‘(B) APPLICATIONS.—A lead institution of a trator shall by regulation prescribe as being nec- support to address the acquisition, technical, space grant consortium that seeks a grant under essary and appropriate to facilitate effective this section shall submit, on behalf of such and operational needs of NASA centers; and audit and evaluation, including records that (3) ensure such a consortium or research cen- space grant consortium, an application to the fully disclose the amount and disposition by a ter— Administrator at such time, in such manner, recipient of such proceeds, the total cost of the (A) is held accountable for the technical qual- and accompanied by such information as the program or project in connection with which ity of the work product developed under this Administrator may require. such proceeds were used, and the amount, if section; and ‘‘(3) GRANT AWARDS.—The Administrator shall any, of such cost that was provided through (B) convenes disparate groups to facilitate award 1 or more 5-year grants, disbursed in an- other sources. public-private partnerships. nual installments, to the lead institution of the ‘‘(B) MAINTENANCE OF RECORDS.—Records (b) POLICIES AND PROCEDURES.—The Adminis- eligible space grant consortium of— under subparagraph (A) shall be maintained for trator shall develop and implement policies and ‘‘(A) each State; not less than 3 years after the date of comple- procedures to govern, with respect to the estab- ‘‘(B) the District of Columbia; and tion of such a program or project. lishment of a consortium or research center ‘‘(C) the Commonwealth of Puerto Rico. ‘‘(C) ACCESS.—For the purpose of audit and under subsection (a)— ‘‘(4) USE OF FUNDS.—A grant awarded under evaluation, the Administrator and the Comp- (1) the selection of participants; this section shall be used by an eligible space troller General of the United States shall have (2) the award of cooperative agreements or grant consortium to carry out not fewer than 3 access to any books, documents, papers, and other contracts; of the 6 programs under section 40303(b)(1). records of receipts relating to a grant under this (3) the appropriate use of competitive awards ‘‘(c) ALLOCATION OF FUNDING.— section, as determined by the Administrator or and sole source awards; and ‘‘(1) PROGRAM IMPLEMENTATION.— Comptroller General.’’. (4) technical capabilities required. ‘‘(A) IN GENERAL.—To carry out the objective (c) ELIGIBILITY.—The following entities shall (e) PROGRAM STREAMLINING.—Title 51, United described in section 40303(b)(1), of the funds be eligible to participate in a consortium or re- States Code, is amended— made available each fiscal year for the national search center established under subsection (a): space grant college and fellowship program, the (1) by striking sections 40305 through 40308, (1) An institution of higher education (as de- Administrator shall allocate not less than 85 40310, and 40311; and fined in section 102 of the Higher Education Act percent as follows: (2) by redesignating section 40309 as section of 1965 (20 U.S.C. 1002)). ‘‘(i) The 52 eligible space grant consortia shall 40305. (2) An operator of a federally funded research each receive an equal share. (f) CONFORMING AMENDMENT.—The table of and development center. ‘‘(ii) The territories of Guam and the United sections at the beginning of chapter 403 of title (3) A nonprofit or not-for-profit research insti- States Virgin Islands shall each receive funds 51, United States Code, is amended by striking tution. equal to approximately 1⁄5 of the share for each the items relating to sections 40304 through (4) A consortium composed of— eligible space grant consortia. 40311 and inserting the following: (A) an entity described in paragraph (1), (2), ‘‘(B) MATCHING REQUIREMENT.—Each eligible ‘‘40304. Grants. or (3); and space grant consortium shall match the funds ‘‘40305. Availability of other Federal personnel (B) one or more for-profit entities. allocated under subparagraph (A)(i) on a basis and data.’’. SEC. 703. EXPEDITED ACCESS TO TECHNICAL TALENT AND EXPERTISE. of not less than 1 non-Federal dollar for every TITLE VII—WORKFORCE AND INDUSTRIAL 1 Federal dollar, except that any program fund- (a) IN GENERAL.—The Administrator may— BASE (1) establish one or more multi-institution task ed under paragraph (3) or any program to carry order contracts, consortia, cooperative agree- out 1 or more internships or fellowships shall SEC. 701. APPOINTMENT AND COMPENSATION PILOT PROGRAM. ments, or other arrangements to facilitate expe- not be subject to that matching requirement. (a) DEFINITION OF COVERED PROVISIONS.—In dited access to eligible entities in support of ‘‘(2) PROGRAM ADMINISTRATION.— this section, the term ‘‘covered provisions’’ NASA missions; and ‘‘(A) IN GENERAL.—Of the funds made avail- (2) use such a multi-institution task order able each fiscal year for the national space means the provisions of title 5, United States contract, consortium, cooperative agreement, or grant college and fellowship program, the Ad- Code, other than— other arrangement to fund technical analyses ministrator shall allocate not more than 10 per- (1) section 2301 of that title; and other engineering support to address the ac- cent for the administration of the program. (2) section 2302 of that title; quisition, technical, and operational needs of ‘‘(B) COSTS COVERED.—The funds allocated (3) chapter 71 of that title; NASA centers. under subparagraph (A) shall cover all costs of (4) section 7204 of that title; and (b) CONSULTATION WITH OTHER NASA-AFFILI- the Administration associated with the adminis- (5) chapter 73 of that title. ATED ENTITIES.—To ensure access to technical tration of the national space grant college and (b) ESTABLISHMENT.—There is established a 3- year pilot program under which, notwith- expertise and reduce costs and duplicative ef- fellowship program, including— forts, a multi-institution task order contract, ‘‘(i) direct costs of the program, including standing section 20113 of title 51, United States consortium, cooperative agreement, or any other costs relating to support services and civil serv- Code, the Administrator may, with respect to arrangement established under subsection (a)(1) ice salaries and benefits; not more than 5,000 designated personnel— shall, to the maximum extent practicable, be ‘‘(ii) indirect general and administrative costs (1) appoint and manage such designated per- carried out in consultation with other NASA-af- of centers and facilities of the Administration; sonnel of the Administration, without regard to filiated entities, including federally funded re- and the covered provisions; and search and development centers, university-af- ‘‘(iii) indirect general and administrative costs (2) fix the compensation of such designated filiated research centers, and NASA laboratories of the Administration headquarters. personnel of the Administration, without regard and test centers. ‘‘(3) SPECIAL PROGRAMS.—Of the funds made to chapter 51 and subchapter III of chapter 53 (c) POLICIES AND PROCEDURES.—The Adminis- available each fiscal year for the national space of title 5, United States Code, at a rate that does trator shall develop and implement policies and grant college and fellowship program, the Ad- not exceed the per annum rate of salary of the procedures to govern, with respect to the estab- ministrator shall allocate not more than 5 per- Vice President of the United States under sec- lishment of a multi-institution task order con- cent to the lead institutions of space grant con- tion 104 of title 3, United States Code. tract, consortium, cooperative agreement, or any sortia established as of the date of the enact- (c) ADMINISTRATOR RESPONSIBILITIES.—In car- rying out the pilot program established under other arrangement under subsection (a)(1)— ment of the National Aeronautics and Space Ad- (1) the selection of participants; subsection (b), the Administrator shall ensure ministration Authorization Act of 2019 for (2) the award of task orders; grants to carry out innovative approaches and that the pilot program— (3) the maximum award size for a task; programs to further science and education relat- (1) uses— (4) the appropriate use of competitive awards ing to the missions of the Administration and (A) state-of-the-art recruitment techniques; and sole source awards; and STEM disciplines. (B) simplified classification methods with re- (5) technical capabilities required. ‘‘(d) TERMS AND CONDITIONS.— spect to personnel of the Administration; and (d) ELIGIBLE ENTITY DEFINED.—In this sec- ‘‘(1) LIMITATIONS.—Amounts made available (C) broad banding; and tion, the term ‘‘eligible entity’’ means— through a grant under this section may not be (2) offers— (1) an institution of higher education (as de- applied to— (A) competitive compensation; and fined in section 102 of the Higher Education Act ‘‘(A) the purchase of land; (B) the opportunity for career mobility. of 1965 (20 U.S.C. 1002));

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7662 CONGRESSIONAL RECORD — SENATE December 18, 2020 (2) an operator of a federally funded research years of service, or has at least 25 years of serv- SEC. 706. CONFIDENTIALITY OF MEDICAL QUAL- and development center; ice, may, pursuant to regulations promulgated ITY ASSURANCE RECORDS. (3) a nonprofit or not-for-profit research insti- under this subsection, apply and be retired from (a) IN GENERAL.—Chapter 313 of title 51, tution; and the Administration and receive benefits in ac- United States Code, is amended by adding at the (4) a consortium composed of— cordance with subchapter III of chapter 83 or 84 end the following: (A) an entity described in paragraph (1), (2), of title 5 if the employee has been employed con- ‘‘§ 31303. Confidentiality of medical quality or (3); and tinuously within the Administration for more assurance records (B) one or more for-profit entities. than 30 days before the date on which the deter- ‘‘(a) IN GENERAL.—Except as provided in sub- SEC. 704. REPORT ON INDUSTRIAL BASE FOR mination to conduct a reduction or restruc- section (b)(1)— CIVIL SPACE MISSIONS AND OPER- turing within 1 or more Administration centers ATIONS. ‘‘(1) a medical quality assurance record, or is approved. any part of a medical quality assurance record, (a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, and from ‘‘(4) SEPARATION PAY.— may not be subject to discovery or admitted into time to time thereafter, the Administrator shall ‘‘(A) IN GENERAL.—Separation pay shall be evidence in a judicial or administrative pro- submit to the appropriate committees of Con- paid in a lump sum or in installments and shall ceeding; and ‘‘(2) an individual who reviews or creates a gress a report on the United States industrial be equal to the lesser of— medical quality assurance record for the Admin- base for NASA civil space missions and oper- ‘‘(i) an amount equal to the amount the em- istration, or participates in any proceeding that ations. ployee would be entitled to receive under section reviews or creates a medical quality assurance (b) ELEMENTS.—The report required by sub- 5595(c) of title 5, if the employee were entitled to record, may not testify in a judicial or adminis- section (a) shall include the following: payment under such section; or (1) A comprehensive description of the current trative proceeding with respect to— ‘‘(ii) $40,000. status of the United States industrial base for ‘‘(A) the medical quality assurance record; or NASA civil space missions and operations. ‘‘(B) LIMITATIONS.—Separation pay shall not ‘‘(B) any finding, recommendation, evalua- (2) A description and assessment of the weak- be a basis for payment, and shall not be in- tion, opinion, or action taken by such indi- nesses in the supply chain, skills, manufac- cluded in the computation, of any other type of vidual or in accordance with such proceeding turing capacity, raw materials, key components, Government benefit. Separation pay shall not be with respect to the medical quality assurance and other areas of the United States industrial taken into account for the purpose of deter- record. base for NASA civil space missions and oper- mining the amount of any severance pay to ‘‘(b) DISCLOSURE OF RECORDS.— ations that could adversely impact such mis- which an individual may be entitled under sec- ‘‘(1) IN GENERAL.—Notwithstanding subsection sions and operations if unavailable. tion 5595 of title 5, based on any other separa- (a), a medical quality assurance record may be (3) A description and assessment of various tion. disclosed to— ‘‘(A) a Federal agency or private entity, if the mechanisms to address and mitigate the weak- ‘‘(C) INSTALLMENTS.—Separation pay, if paid nesses described pursuant to paragraph (2). in installments, shall cease to be paid upon the medical quality assurance record is necessary (4) A comprehensive list of the collaborative recipient’s acceptance of employment by the for the Federal agency or private entity to carry efforts, including future and proposed collabo- Federal Government, or commencement of work out— ‘‘(i) licensing or accreditation functions relat- rative efforts, between NASA and the Manufac- under a personal services contract as described ing to Administration healthcare facilities; or turing USA institutes of the Department of Com- in paragraph (5). ‘‘(ii) monitoring of Administration healthcare merce. ‘‘(5) LIMITATIONS ON REEMPLOYMENT.— (5) An assessment of— facilities required by law; (A) the defense and aerospace manufacturing ‘‘(A) An employee who receives separation ‘‘(B) a Federal agency or healthcare provider, supply chains relevant to NASA in each region pay under such program may not be reemployed if the medical quality assurance record is re- of the United States; and by the Administration for a 12-month period be- quired by the Federal agency or healthcare pro- (B) the feasibility and benefits of establishing ginning on the effective date of the employee’s vider to enable Administration participation in a supply chain center of excellence in a State in separation, unless this prohibition is waived by a healthcare program of the Federal agency or which NASA does not, as of the date of the en- the Administrator on a case-by-case basis. healthcare provider; actment of this Act, have a research center or ‘‘(B) An employee who receives separation ‘‘(C) a criminal or civil law enforcement agen- test facility. pay under this section on the basis of a separa- cy, or an instrumentality authorized by law to (6) Such other matters relating to the United tion and accepts employment with the Govern- protect the public health or safety, on written States industrial base for NASA civil space mis- ment of the United States, or who commences request by a qualified representative of such sions and operations as the Administrator con- work through a personal services contract with agency or instrumentality submitted to the Ad- siders appropriate. the United States within 5 years after the date ministrator that includes a description of the SEC. 705. SEPARATIONS AND RETIREMENT IN- of the separation on which payment of the sepa- lawful purpose for which the medical quality CENTIVES. ration pay is based, shall be required to repay assurance record is requested; Section 20113 of title 51, United States Code, is the entire amount of the separation pay to the ‘‘(D) an officer, an employee, or a contractor amended by adding at the end the following: Administration. If the employment is with an of the Administration who requires the medical ‘‘(o) PROVISIONS RELATED TO SEPARATION AND Executive agency (as defined by section 105 of quality assurance record to carry out an official RETIREMENT INCENTIVES.— title 5) other than the Administration, the Ad- duty associated with healthcare; ‘‘(1) DEFINITION.—In this subsection, the term ministrator may, at the request of the head of ‘‘(E) healthcare personnel, to the extent nec- ‘employee’— that agency, waive the repayment if the indi- essary to address a medical emergency affecting ‘‘(A) means an employee of the Administration vidual involved possesses unique abilities and is the health or safety of an individual; and serving under an appointment without time lim- the only qualified applicant available for the ‘‘(F) any committee, panel, or board convened itation; and position. If the employment is within the Ad- by the Administration to review the healthcare- ‘‘(B) does not include— ministration, the Administrator may waive the related policies and practices of the Administra- ‘‘(i) a reemployed annuitant under subchapter repayment if the individual involved is the only tion. III of chapter 83 or chapter 84 of title 5 or any qualified applicant available for the position. If ‘‘(2) SUBSEQUENT DISCLOSURE PROHIBITED.— other retirement system for employees of the the employment is with an entity in the legisla- An individual or entity to whom a medical qual- Federal Government; tive branch, the head of the entity or the ap- ity assurance record has been disclosed under ‘‘(ii) an employee having a disability on the pointing official may waive the repayment if the paragraph (1) may not make a subsequent dis- basis of which such employee is or would be eli- individual involved possesses unique abilities closure of the medical quality assurance record. ‘‘(c) PERSONALLY IDENTIFIABLE INFORMA- gible for disability retirement under any of the and is the only qualified applicant available for TION.— retirement systems referred to in clause (i); or the position. If the employment is with the judi- ‘‘(iii) for purposes of eligibility for separation ‘‘(1) IN GENERAL.—Except as provided in para- cial branch, the Director of the Administrative incentives under this subsection, an employee graph (2), the personally identifiable informa- Office of the United States Courts may waive who is in receipt of a decision notice of involun- tion contained in a medical quality assurance the repayment if the individual involved pos- tary separation for misconduct or unacceptable record of a patient or an employee of the Ad- sesses unique abilities and is the only qualified performance. ministration, or any other individual associated applicant available for the position. ‘‘(2) AUTHORITY.—The Administrator may es- with the Administration for purposes of a med- tablish a program under which employees may ‘‘(6) REGULATIONS.—Under the program estab- ical quality assurance program, shall be re- be eligible for early retirement, offered separa- lished under paragraph (2), early retirement moved before the disclosure of the medical qual- tion incentive pay to separate from service vol- and separation pay may be offered only pursu- ity assurance record to an entity other than the untarily, or both. This authority may be used to ant to regulations established by the Adminis- Administration. reduce the number of personnel employed or to trator, subject to such limitations or conditions ‘‘(2) EXCEPTION.— Personally identifiable in- restructure the workforce to meet mission objec- as the Administrator may require. formation described in paragraph (1) may be re- tives without reducing the overall number of ‘‘(7) USE OF EXISTING FUNDS.—The Adminis- leased to an entity other than the Administra- personnel. This authority is in addition to, and trator shall carry out this subsection using tion if the Administrator makes a determination notwithstanding, any other authorities estab- amounts otherwise made available to the Ad- that the release of such personally identifiable lished by law or regulation for such programs. ministrator and no additional funds are author- information— ‘‘(3) EARLY RETIREMENT.—An employee who is ized to be appropriated to carry out this sub- ‘‘(A) is in the best interests of the Administra- at least 50 years of age and has completed 20 section.’’. tion; and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7663 ‘‘(B) does not constitute an unwarranted in- SEC. 802. AUTHORITY FOR TRANSACTION PROTO- ‘‘(i) the Export Control Reform Act of 2018 vasion of personal privacy. TYPE PROJECTS AND FOLLOW-ON (Public Law 115–232; 132 Stat. 2208); or ‘‘(d) EXCLUSION FROM FOIA.—A medical PRODUCTION CONTRACTS. ‘‘(ii) the International Security Assistance quality assurance record may not be made avail- Section 20113 of title 51, United States Code, and Arms Export Control Act of 1976 (Public able to any person under section 552 of title 5, as amended by section 801, is further amended Law 94–329; 90 Stat. 729). United States Code (commonly referred to as the by adding at the end the following: ‘‘(B) TECHNICAL DATA.—The term ‘technical ‘Freedom of Information Act’), and this section ‘‘(q) TRANSACTION PROTOTYPE PROJECTS AND data’ means any blueprint, drawing, photo- shall be considered a statute described in sub- FOLLOW-ON PRODUCTION CONTRACTS.— graph, plan, instruction, computer software, or section (b)(3)(B) of such section 522. ‘‘(1) IN GENERAL.—The Administration may documentation, or any other technical informa- ‘‘(e) REGULATIONS.—Not later than one year enter into a transaction (other than a contract, tion.’’; after the date of the enactment of this section, cooperative agreement, or grant) to carry out a (4) in subsection (d), as so redesignated, by in- the Administrator shall promulgate regulations prototype project that is directly relevant to en- serting ‘‘, including any data,’’ after ‘‘informa- to implement this section. hancing the mission effectiveness of the Admin- tion’’; and ‘‘(f) RULES OF CONSTRUCTION.—Nothing in istration. (5) by adding at the end the following: this section shall be construed— ‘‘(2) SUBSEQUENT AWARD OF FOLLOW-ON PRO- ‘‘(e) EXCLUSION FROM FOIA.—This section ‘‘(1) to withhold a medical quality assurance DUCTION CONTRACT.—A transaction entered into shall be considered a statute described in sub- record from a committee of the Senate or House under this subsection for a prototype project section (b)(3)(B) of section 552 of title 5 (com- of Representatives or a joint committee of Con- may provide for the subsequent award of a fol- monly referred to as the ‘Freedom of Informa- gress if the medical quality assurance record re- low-on production contract to participants in tion Act’).’’. lates to a matter within the jurisdiction of such the transaction. (b) CERTAIN VOLUNTARILY PROVIDED SAFETY- committee or joint committee; or ‘‘(3) INCLUSION.—A transaction under this RELATED INFORMATION.— ‘‘(2) to limit the use of a medical quality as- subsection includes a project awarded to an in- (1) IN GENERAL.—The Administrator shall pro- surance record within the Administration, in- dividual participant and to all individual vide appropriate safeguards against the public cluding the use by a contractor or consultant of projects awarded to a consortium of United dissemination of safety-related information col- the Administration. States industry and academic institutions. lected as part of a mishap investigation carried ‘‘(g) DEFINITIONS.—In this section: ‘‘(4) DETERMINATION.—The authority of this out under the NASA safety reporting system or ‘‘(1) MEDICAL QUALITY ASSURANCE RECORD.— section may be exercised for a transaction for a in conjunction with an organizational safety as- The term ‘medical quality assurance record’ prototype project and any follow-on production sessment, if the Administrator makes a written means any proceeding, discussion, record, find- contract, upon a determination by the head of determination, including a justification of the ing, recommendation, evaluation, opinion, min- the contracting activity, in accordance with Ad- determination, that— utes, report, or other document or action that ministration policies, that— (A)(i) disclosure of the information would in- results from a quality assurance committee, ‘‘(A) circumstances justify use of a trans- hibit individuals from voluntarily providing quality assurance program, or quality assurance action to provide an innovative business ar- safety-related information; and program activity. rangement that would not be feasible or appro- (ii) the ability of NASA to collect such infor- ‘‘(2) QUALITY ASSURANCE PROGRAM.— priate under a contract; and mation improves the safety of NASA programs ‘‘(A) IN GENERAL.—The term ‘quality assur- ‘‘(B) the use of the authority of this section is and research relating to aeronautics and space; ance program’ means a comprehensive program essential to promoting the success of the proto- or of the Administration— type project. (B) withholding such information from public ‘‘(i) to systematically review and improve the ‘‘(5) COMPETITIVE PROCEDURE.— disclosure improves the safety of such NASA quality of medical and behavioral health serv- ‘‘(A) IN GENERAL.—To the maximum extent programs and research. ices provided by the Administration to ensure practicable, the Administrator shall use competi- (2) OTHER FEDERAL AGENCIES.—Notwith- the safety and security of individuals receiving tive procedures with respect to entering into a standing any other provision of law, if the Ad- such health services; and transaction to carry out a prototype project. ministrator provides to the head of another Fed- ‘‘(ii) to evaluate and improve the efficiency, ‘‘(B) EXCEPTION.—Notwithstanding section eral agency safety-related information with re- effectiveness, and use of staff and resources in 2304 of title 10, United States Code, a follow-on spect to which the Administrator has made a de- the delivery of such health services. production contract may be awarded to the par- termination under paragraph (1), the head of ‘‘(B) INCLUSION.—The term ‘quality assurance ticipants in the prototype transaction without the Federal agency shall withhold the informa- program’ includes any activity carried out by or the use of competitive procedures, if— tion from public disclosure. for the Administration to assess the quality of ‘‘(i) competitive procedures were used for the (3) PUBLIC AVAILABILITY.—A determination medical care provided by the Administration.’’. selection of parties for participation in the pro- under paragraph (1) shall be made available to (b) TECHNICAL AND CONFORMING AMEND- totype transaction; and the public on request, as required under section MENT.—The table of sections for chapter 313 of ‘‘(ii) the participants in the transaction suc- 552 of title 5, United States Code (commonly re- title 51, United States Code, is amended by add- cessfully completed the prototype project pro- ferred to as the ‘‘Freedom of Information Act’’). ing at the end the following: vided for in the transaction. (4) EXCLUSION FROM FOIA.—This subsection ‘‘(6) COST SHARE.—A transaction to carry out shall be considered a statute described in sub- ‘‘31303. Confidentiality of medical quality assur- a prototype project and a follow-on production section (b)(3)(B) of section 552 of title 5, United ance records.’’. contract may require that part of the total cost States Code. TITLE VIII—MISCELLANEOUS PROVISIONS of the transaction or contract be paid by the SEC. 804. PHYSICAL SECURITY MODERNIZATION. SEC. 801. CONTRACTING AUTHORITY. participant or contractor from a source other Chapter 201 of title 51, United States Code, is Section 20113 of title 51, United States Code, than the Federal Government. amended— as amended by section 705, is further amended ‘‘(7) PROCUREMENT ETHICS.—A transaction (1) in section 20133(2), by striking ‘‘property’’ by adding at the end the following: under this authority shall be considered an and all that follows through ‘‘to the United ‘‘(p) CONTRACTING AUTHORITY.—The Adminis- agency procurement for purposes of chapter 21 States,’’ and inserting ‘‘Administration per- tration— of title 41, United States Code, with regard to sonnel or of property owned or leased by, or ‘‘(1) may enter into an agreement with a pri- procurement ethics.’’. under the control of, the United States’’; and vate, commercial, or State government entity to SEC. 803. PROTECTION OF DATA AND INFORMA- (2) in section 20134, in the second sentence— provide the entity with supplies, support, and TION FROM PUBLIC DISCLOSURE. (A) by inserting ‘‘Administration personnel or services related to private, commercial, or State (a) CERTAIN TECHNICAL DATA.—Section 20131 any’’ after ‘‘protecting’’; and government space activities carried out at a of title 51, United States Code, is amended— (B) by striking ‘‘, at facilities owned or con- property owned or operated by the Administra- (1) by redesignating subsection (c) as sub- tracted to the Administration’’. tion; and section (d); SEC. 805. LEASE OF NON-EXCESS PROPERTY. ‘‘(2) upon the request of such an entity, may (2) in subsection (a)(3), by striking ‘‘sub- Section 20145 of title 51, United States Code, is include such supplies, support, and services in section (b)’’ and inserting ‘‘subsection (b) or amended— the requirements of the Administration if— (c)’’; (1) in paragraph (b)(1)(B), by striking ‘‘en- ‘‘(A) the Administrator determines that the in- (3) by inserting after subsection (b) the fol- tered into for the purpose of developing renew- clusion of such supplies, support, or services in lowing: able energy production facilities’’; and such requirements— ‘‘(c) SPECIAL HANDLING OF CERTAIN TECH- (2) by striking subsection (g). ‘‘(i) is in the best interest of the Federal Gov- NICAL DATA.— SEC. 806. CYBERSECURITY. ernment; ‘‘(1) IN GENERAL.—The Administrator may (a) IN GENERAL.—Section 20301 of title 51, ‘‘(ii) does not interfere with the requirements provide appropriate protections against the pub- United States Code, is amended by adding at the of the Administration; and lic dissemination of certain technical data, in- end the following: ‘‘(iii) does not compete with the commercial cluding exemption from subchapter II of chapter ‘‘(c) CYBERSECURITY.—The Administrator space activities of other such entities; and 5 of title 5. shall update and improve the cybersecurity of ‘‘(B) the Administration has full reimbursable ‘‘(2) DEFINITIONS.—In this subsection: NASA space assets and supporting infrastruc- funding from the entity that requested supplies, ‘‘(A) CERTAIN TECHNICAL DATA.—The term ture.’’. support, and services prior to making any obli- ‘certain technical data’ means technical data (b) SECURITY OPERATIONS CENTER.— gation for the delivery of such supplies, support, that may not be exported lawfully outside the (1) ESTABLISHMENT.—The Administrator shall or services under an Administration procure- United States without approval, authorization, maintain a Security Operations Center, to iden- ment contract or any other agreement.’’. or license under— tify and respond to cybersecurity threats to

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7664 CONGRESSIONAL RECORD — SENATE December 18, 2020 NASA information technology systems, includ- tration to unacceptable transfers of intellectual (1) engage with the academic community to ing institutional systems and mission systems. property or technology to any entity— maximize awareness and use of dedicated small (2) INSPECTOR GENERAL RECOMMENDATIONS.— (A) owned or controlled (in whole or in part) satellite launch opportunities; and The Administrator shall implement, to the max- by, or otherwise affiliated with, the Government (2) to the maximum extent practicable, use a imum extent practicable, each of the rec- of the People’s Republic of China; or secondary payload of procured launch services ommendations contained in the report of the In- (B) organized under, or otherwise subject to, for CubeSats. spector General of NASA entitled ‘‘Audit of the laws of the People’s Republic of China. SEC. 810. 21ST CENTURY SPACE LAUNCH INFRA- NASA’s Security Operations Center’’, issued on (2) ELEMENTS.—The review required under STRUCTURE. May 23, 2018. paragraph (1) shall assess— (a) IN GENERAL.—The Administrator shall (c) CYBER THREAT HUNT.— (A) whether the Administrator is aware— carry out a program to modernize launch infra- (1) IN GENERAL.—The Administrator, in co- (i) of any NASA contractor that benefits from structure at NASA facilities— ordination with the Secretary of Homeland Se- significant financial assistance from— (1) to enhance safety; and (I) the Government of the People’s Republic of curity and the heads of other relevant Federal (2) to advance Government and commercial China; agencies, may implement a cyber threat hunt ca- space transportation and exploration. (II) any entity controlled by the Government pability to proactively search NASA information (b) PROJECTS.—Projects funded under the pro- of the People’s Republic of China; or gram under subsection (a) may include— systems for advanced cyber threats that other- (III) any other governmental entity of the (1) infrastructure relating to commodities; wise evade existing security tools. People’s Republic of China; and (2) standard interfaces to meet customer needs (2) THREAT-HUNTING PROCESS.—In carrying (ii) that the Government of the People’s Re- for multiple payload processing and launch ve- out paragraph (1), the Administrator shall de- public of China, or an entity controlled by the hicle processing; velop and document a threat-hunting process, Government of the People’s Republic of China, (3) enhancements to range capacity and flexi- including the roles and responsibilities of indi- may be— bility; and viduals conducting a cyber threat hunt. (I) leveraging United States companies that (4) such other projects as the Administrator (d) GAO PRIORITY RECOMMENDATIONS.—The share ownership with NASA contractors; or considers appropriate to meet the goals de- Administrator shall implement, to the maximum (II) obtaining intellectual property or tech- scribed in subsection (a). extent practicable, the recommendations for nology illicitly or by other unacceptable means; (c) REQUIREMENTS.—In carrying out the pro- NASA contained in the report of the Comptroller and gram under subsection (a), the Administrator General of the United States entitled ‘‘Informa- (B) the steps the Administrator is taking to shall— tion Security: Agencies Need to Improve Con- ensure that— (1) prioritize investments in projects that can trols over Selected High-Impact Systems’’, issued (i) NASA contractors are not being leveraged be used by multiple users and launch vehicles, May 18, 2016, including— (directly or indirectly) by the Government of the including non-NASA users and launch vehicles; (1) re-evaluating security control assessments; People’s Republic of China or by an entity con- and and trolled by the Government of the People’s Re- (2) limit investments to projects that would (2) specifying metrics for the continuous moni- public of China; not otherwise be funded by a NASA program, toring strategy of the Administration. (ii) the intellectual property and technology of such as an institutional or programmatic infra- SEC. 807. LIMITATION ON COOPERATION WITH NASA contractors are adequately protected; and structure program. THE PEOPLE’S REPUBLIC OF CHINA. (iii) NASA flight-critical components are not (d) SAVINGS CLAUSE.—Nothing in this section (a) IN GENERAL.—Except as provided by sub- sourced from the People’s Republic of China shall preclude a NASA program, including the section (b), the Administrator, the Director of through any entity benefiting from Chinese in- Space Launch System and Orion, from using the the Office of Science and Technology Policy, vestments, loans, or other assistance. launch infrastructure modernized under this and the Chair of the National Space Council, (3) RECOMMENDATIONS.—The Comptroller section. shall not— General shall provide to the Administrator rec- SEC. 811. MISSIONS OF NATIONAL NEED. (1) develop, design, plan, promulgate, imple- ommendations for future NASA contracting (a) SENSE OF CONGRESS.—It is the Sense of ment, or execute a bilateral policy, program, based on the results of the review. Congress that— order, or contract of any kind to participate, (4) PLAN.—Not later than 180 days after the (1) while certain space missions, such as aster- collaborate, or coordinate bilaterally in any date on which the Comptroller General com- oid detection or space debris mitigation or re- manner with— pletes the review, the Administrator shall— moval missions, may not provide the highest- (A) the Government of the People’s Republic (A) develop a plan to implement the rec- value science, as determined by the National of China; or ommendations of the Comptroller General; and Academies of Science, Engineering, and Medi- (B) submit the plan to the appropriate com- (B) any company— cine decadal surveys, such missions provide tre- (i) owned by the Government of the People’s mittees of Congress. mendous value to the United States and the Republic of China; or SEC. 808. CONSIDERATION OF ISSUES RELATED world; and (ii) incorporated under the laws of the Peo- TO CONTRACTING WITH ENTITIES (2) the current organizational and funding RECEIVING ASSISTANCE FROM OR structure of NASA has not prioritized the fund- ple’s Republic of China; and AFFILIATED WITH THE PEOPLE’S RE- (2) host official visitors from the People’s Re- PUBLIC OF CHINA. ing of missions of national need. (b) STUDY.— public of China at a facility belonging to or In considering any response to a request for used by NASA. (1) IN GENERAL.—The Director of the Office of proposal, request for information, broad area Science and Technology Policy shall conduct a (b) WAIVER.— announcement, or any other form of request or (1) IN GENERAL.—The Administrator, the Di- study on the manner in which NASA funds mis- solicitation, and in considering or undertaking sions of national need. rector, or the Chair may waive the limitation any negotiation or conclusion of any contract, under subsection (a) with respect to an activity (2) MATTERS TO BE INCLUDED.—The study agreement, or other transaction with any com- conducted under paragraph (1) shall include the described in that subsection only if the Adminis- mercial or non-commercial entity, the Adminis- trator, the Director, or the Chair, as applicable, following: trator shall, in consultation with appropriate (A) An identification and assessment of the makes a determination that the activity— Federal departments and agencies, take into ac- types of missions or technology development (A) does not pose a risk of a transfer of tech- count the implications of any benefit received by programs that constitute missions of national nology, data, or other information with national such commercial or non-commercial entity (or need. security or economic security implications to an any other commercial or non-commercial entity (B) An assessment of the manner in which entity described in paragraph (1) of such sub- related through ownership, control, or other af- such missions are currently funded and man- section; and filiation to such entity) as a result of a signifi- aged by NASA. (B) does not involve knowing interactions cant loan or other financial assistance provided (C) An analysis of the options for funding with officials who have been determined by the by— missions of national need, including— United States to have direct involvement with (1) any governmental organization of the Peo- (i) structural changes required to allow NASA violations of human rights. ple’s Republic of China; or to fund such missions; and (2) CERTIFICATION TO CONGRESS.—Not later (2) any other entity that is— (ii) an assessment of the capacity of other than 30 days after the date on which a waiver (A) owned or controlled by, or otherwise affili- Federal agencies to make funds available for is granted under paragraph (1), the Adminis- ated with, any governmental organization of the such missions. trator, the Director, or the Chair, as applicable, People’s Republic of China; or (c) REPORT TO CONGRESS.—Not later than 1 shall submit to the Committee on Commerce, (B) organized under, or otherwise subject to, year after the date of the enactment of this Act, Science, and Transportation and the Committee the laws of the People’s Republic of China. the Director of the Office of Science and Tech- on Appropriations of the Senate and the Com- SEC. 809. SMALL SATELLITE LAUNCH SERVICES nology Policy shall submit to the appropriate mittee on Science, Space, and Technology and PROGRAM. committees of Congress a report on the results of the Committee on Appropriations of the House (a) IN GENERAL.—The Administrator shall the study conducted under subsection (b), in- of Representatives a written certification that continue to procure dedicated launch services cluding recommendations for funding missions the activity complies with the requirements in for small satellites, including CubeSats, for the of national need. subparagraphs (A) and (B) of that paragraph. purpose of conducting science and technology SEC. 812. EXEMPTION FROM THE IRAN, NORTH (c) GAO REVIEW.— missions that further the goals of NASA. KOREA, AND SYRIA NONPROLIFERA- (1) IN GENERAL.—The Comptroller General of (b) REQUIREMENTS.—In carrying out the pro- TION ACT. the United States shall conduct a review of gram under subsection (a), the Administrator Section 7(1) of the Iran, North Korea, and NASA contracts that may subject the Adminis- shall— Syria Nonproliferation Act (Public Law 106–178;

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50 U.S.C. 1701 note) is amended, in the undesig- ‘‘(B) To the extent practicable, work with (i) IN GENERAL.—The term ‘‘space resource’’ nated matter following subparagraph (B), by multiple partners, including small businesses means an abiotic resource in situ in outer space. striking ‘‘December 31, 2025’’ and inserting ‘‘De- and new entrants, on research and development (ii) INCLUSIONS.—The term ‘‘space resource’’ cember 31, 2030’’. activities related to transport category aircraft. includes a raw material, a natural material, and SEC. 813. DRINKING WATER WELL REPLACEMENT ‘‘(C) Provide guidance to the Federal Aviation an energy source. FOR CHINCOTEAGUE, VIRGINIA. Administration on technologies developed and SEC. 820. REPORT ON ESTABLISHING CENTER OF Notwithstanding any other provision of law, tested pursuant to the initiative.’’. EXCELLENCE FOR SPACE WEATHER during the 5-year period beginning on the date (b) REPORTS.—Not later than 180 days after TECHNOLOGY. of the enactment of this Act, the Administrator the date of the enactment of this Act, and annu- (a) IN GENERAL.—Not later than 180 days may enter into 1 or more agreements with the ally thereafter as a part of the Administration’s after the date of the enactment of this Act, the town of Chincoteague, Virginia, to reimburse budget submission, the Administrator shall sub- Administrator shall submit to the appropriate the town for costs that are directly associated mit a report to the appropriate committee of committees of Congress a report assessing the with— Congress on the progress of the work under the potential benefits of establishing a NASA center (1) the removal of drinking water wells located initiative required by subsection (b) of section of excellence for space weather technology. on property administered by the Administration; 40112 of title 51, United States Code (as amended (b) GEOGRAPHIC CONSIDERATIONS.—In the re- and by subsection (a) of this section), including an port required by subsection (a), the Adminis- (2) the relocation of such wells to property updated, anticipated timeframe for aircraft en- trator shall consider the benefits of establishing under the administrative control, through lease, tering into service that produce 50 percent less the center of excellence described in that sub- ownership, or easement, of the town. noise and emissions than the highest performing section in a geographic area— SEC. 814. PASSENGER CARRIER USE. aircraft in service as of December 31, 2019. (1) in close proximity to— (A) significant government-funded space Section 1344(a)(2) of title 31, United States SEC. 818. REMEDIATION OF SITES CONTAMI- weather research activities; and Code, is amended— NATED WITH TRICHLOROETHYLENE. (B) institutions of higher education; and (1) in subparagraph (A), by striking ‘‘or’’ at (a) IDENTIFICATION OF SITES.—Not later than (2) where NASA may have been previously the end; 180 days after the date of the enactment of this underrepresented. (2) in subparagraph (B), by inserting ‘‘or’’ Act, the Administrator shall identify sites of the after the comma at the end; and Administration contaminated with trichloro- SEC. 821. REVIEW ON PREFERENCE FOR DOMES- TIC SUPPLIERS. (3) by inserting after subparagraph (B) the ethylene. (a) SENSE OF CONGRESS.—It is the Sense of following: (b) REPORT REQUIRED.—Not later than 1 year Congress that the Administration should, to the ‘‘(C) necessary for post-flight transportation after the date of the enactment of this Act, the maximum extent practicable and with due con- of United States Government astronauts, and Administrator shall submit to the appropriate sideration of foreign policy goals and obliga- other astronauts subject to reimbursable ar- committees of Congress a report that includes— rangements, returning from space for the per- tions under Federal law— (1) the recommendations of the Administrator (1) use domestic suppliers of goods and serv- formance of medical research, monitoring, diag- for remediating the sites identified under sub- ices; and nosis, or treatment, or other official duties, prior section (a) during the 5-year period beginning (2) ensure compliance with the Federal acqui- to receiving post-flight medical clearance to op- on the date of the report; and sition regulations, including subcontract flow- erate a motor vehicle,’’. (2) an estimate of the financial resources nec- down provisions. SEC. 815. USE OF COMMERCIAL NEAR-SPACE BAL- essary to implement those recommendations. (b) REVIEW.— LOONS. SEC. 819. REPORT ON MERITS AND OPTIONS FOR (1) IN GENERAL.—Not later than 180 days after (a) SENSE OF CONGRESS.—It is the sense of ESTABLISHING AN INSTITUTE RE- the date of the enactment of this Act, the Ad- Congress that the use of an array of capabili- LATING TO SPACE RESOURCES. ministrator shall undertake a comprehensive re- ties, including the use of commercially available (a) REPORT.— view of the domestic supplier preferences of the near-space balloon assets, is in the best interest (1) IN GENERAL.—Not later than 180 days after Administration and the obligations of the Ad- of the United States. the date of the enactment of this Act, the Ad- ministration under the Federal acquisition regu- (b) USE OF COMMERCIAL NEAR-SPACE BAL- ministrator shall submit to the appropriate com- lations to ensure compliance, particularly with LOONS.—The Administrator shall use commer- mittees of Congress a report on the merits of, respect to Federal acquisition regulations provi- cially available balloon assets operating at near- and options for, establishing an institute relat- sions that apply to foreign-based subcontrac- space altitudes, to the maximum extent prac- ing to space resources to advance the objectives tors. ticable, as part of a diverse set of capabilities to of NASA in maintaining United States pre- (2) ELEMENTS.—The review under paragraph effectively and efficiently meet the goals of the eminence in space described in paragraph (3). (1) shall include— Administration. (2) MATTERS TO BE INCLUDED.—The report re- (A) an assessment as to whether the Adminis- SEC. 816. PRESIDENT’S SPACE ADVISORY BOARD. quired by paragraph (1) shall include an assess- tration has provided funding for infrastructure Section 121 of the National Aeronautics and ment by the Administrator as to whether— of a foreign-owned company or State-sponsored Space Administration Authorization Act, Fiscal (A) a virtual or physical institute relating to entity in recent years; and Year 1991 (Public Law 101–611; 51 U.S.C. 20111 space resources is most cost effective and appro- (B) an analysis of the effects such funding note) is amended— priate; and has had on domestic service providers. (1) in the section heading, by striking ‘‘USERS’ (B) partnering with institutions of higher edu- (c) REPORT.—The Administrator shall submit ADVISORY GROUP’’ and inserting ‘‘PRESIDENT’S cation and the aerospace industry, and the ex- to the appropriate committees of Congress a re- SPACE ADVISORY BOARD’’; and tractive industry as appropriate, would be effec- port on the results of the review. (2) by striking ‘‘Users’ Advisory Group’’ each tive in increasing information available to such SEC. 822. REPORT ON UTILIZATION OF COMMER- place it appears and inserting ‘‘President’s an institute with respect to advancing the objec- CIAL SPACE PORTS LICENSED BY Space Advisory Board.’’ tives described in paragraph (3). FEDERAL AVIATION ADMINISTRA- SEC. 817. INITIATIVE ON TECHNOLOGIES FOR (3) OBJECTIVES.—The objectives described in TION. NOISE AND EMISSIONS REDUC- this paragraph are the following: (a) IN GENERAL.—Not later than 1 year after TIONS. (A) Identifying, developing, and distributing the date of the enactment of this Act, the Ad- (a) INITIATIVE REQUIRED.—Section 40112 of space resources, including by encouraging the ministrator shall submit to the appropriate com- title 51, United States Code, is amended— development of foundational science and tech- mittees of Congress a report on the benefits of (1) by redesignating subsections (b) through nology. increased utilization of commercial space ports (f) as subsections (c) through (g), respectively; (B) Reducing the technological risks associ- licensed by the Federal Aviation Administration and ated with identifying, developing, and distrib- for NASA civil space missions and operations. (2) by inserting after subsection (a) the fol- uting space resources. (b) ELEMENTS.—The report required by sub- lowing new subsection (b): (C) Developing options for using space re- section (a) shall include the following: ‘‘(b) TECHNOLOGIES FOR NOISE AND EMISSIONS sources— (1) A description and assessment of current REDUCTION.— (i) to support current and future space archi- utilization of commercial space ports licensed by ‘‘(1) INITIATIVE REQUIRED.—The Administrator tectures, programs, and missions; and the Federal Aviation Administration for NASA shall establish an initiative to build upon and (ii) to enable architectures, programs, and civil space missions and operations. accelerate previous or ongoing work to develop missions that would not otherwise be possible. (2) A description and assessment of the bene- and demonstrate new technologies, including (4) DEFINITIONS.—In this section: fits of increased utilization of such space ports systems architecture, components, or integration (A) EXTRACTIVE INDUSTRY.—The term ‘‘extrac- for such missions and operations. of systems and airframe structures, in electric tive industry’’ means a company or individual (3) A description and assessment of the steps aircraft propulsion concepts that are capable of involved in the process of extracting (including necessary to achieve increased utilization of substantially reducing both emissions and noise mining, quarrying, drilling, and dredging) space such space ports for such missions and oper- from aircraft. resources. ations. ‘‘(2) APPROACH.—In carrying out the initia- (B) INSTITUTION OF HIGHER EDUCATION.—The SEC. 823. ACTIVE ORBITAL DEBRIS MITIGATION. tive, the Administrator shall do the following: term ‘‘institution of higher education’’ has the (a) SENSE OF CONGRESS.—It is the sense of ‘‘(A) Continue and expand work of the Ad- meaning given the term in section 101(a) of the Congress that— ministration on research, development, and Higher Education Act of 1965 (20 U.S.C. (1) orbital debris, particularly in low-Earth demonstration of electric aircraft concepts, and 1001(a)). orbit, poses a hazard to NASA missions, particu- the integration of such concepts. (C) SPACE RESOURCE.— larly human spaceflight; and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 6333 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7666 CONGRESSIONAL RECORD — SENATE December 18, 2020 (2) progress has been made on the develop- Sec. 202. Space launch system configura- Sec. 602. STEM education engagement ac- ment of guidelines for long-term space sustain- tions. tivities. ability through the United Nations Committee Sec. 203. Advanced spacesuits. Sec. 603. Skilled technical education out- on the Peaceful Uses of Outer Space. Sec. 204. Acquisition of domestic space reach program. (b) REQUIREMENTS.—The Administrator transportation and logistics re- Sec. 604. National space grant college and should— supply services. fellowship program. (1) ensure the policies and standard practices Sec. 205. Rocket engine test infrastructure. TITLE VII—WORKFORCE AND of NASA meet or exceed international guidelines Sec. 206. Indian River Bridge. INDUSTRIAL BASE for spaceflight safety; and Sec. 207. Pearl River maintenance. (2) support the development of orbital debris Sec. 208. Value of International Space Sta- Sec. 701. Appointment and compensation mitigation technologies through continued re- tion and capabilities in low- pilot program. search and development of concepts. Earth orbit. Sec. 702. Establishment of multi-institution (c) REPORT TO CONGRESS.—Not later than 90 Sec. 209. Extension and modification relat- consortia. days after the date of the enactment of this Act, ing to International Space Sta- Sec. 703. Expedited access to technical tal- the Administrator shall submit to the appro- tion. ent and expertise. priate committees of Congress a report on the Sec. 210. Department of Defense activities Sec. 704. Report on industrial base for civil status of implementing subsection (b). on International Space Station. space missions and operations. SEC. 824. STUDY ON COMMERCIAL COMMUNICA- Sec. 211. Commercial development in low- Sec. 705. Separations and retirement incen- TIONS SERVICES. Earth orbit. tives. (a) SENSE OF CONGRESS.—It is the sense of Sec. 212. Maintaining a national laboratory Sec. 706. Confidentiality of medical quality Congress that— in space. assurance records. (1) enhancing the ability of researchers to Sec. 213. International Space Station na- TITLE VIII—MISCELLANEOUS conduct and interact with experiments while in tional laboratory; property PROVISIONS flight would make huge advancements in the rights in inventions. Sec. 801. Contracting authority. Sec. 214. Data first produced during non- overall profitability of conducting research on Sec. 802. Authority for transaction proto- NASA scientific use of the ISS suborbit and low-Earth orbit payloads; and type projects and follow-on pro- national laboratory. (2) current NASA communications do not duction contracts. Sec. 215. Payments received for commercial allow for real-time data collection, observation, Sec. 803. Protection of data and information space-enabled production on or transmission of information. from public disclosure. the ISS. (b) STUDY.—The Administrator shall conduct Sec. 804. Physical security modernization. Sec. 216. Stepping stone approach to explo- a study on the feasibility, impact, and cost of Sec. 805. Lease of non-excess property. ration. using commercial communications programs Sec. 806. Cybersecurity. Sec. 217. Technical amendments relating to services for suborbital flight programs and low- Sec. 807. Limitation on cooperation with the Artemis missions. Earth orbit research. People’s Republic of China. (c) REPORT.—Not later than 18 months after TITLE III—SCIENCE Sec. 808. Consideration of issues related to the date of the enactment of this Act, the Ad- Sec. 301. Science priorities. contracting with entities re- ministrator shall submit to Congress and make Sec. 302. Lunar discovery program. ceiving assistance from or af- publicly available a report that describes the re- Sec. 303. Search for life. filiated with the People’s Re- sults of the study conducted under subsection Sec. 304. James Webb Space Telescope. public of China. (b). Sec. 305. Wide-Field Infrared Survey Tele- Sec. 809. Small satellite launch services pro- Mr. CRUZ. I ask unanimous consent scope. gram. that the committee-reported substitute Sec. 306. Study on satellite servicing for Sec. 810. 21st century space launch infra- be withdrawn; that the Cruz substitute science missions. structure. Sec. 307. Earth science missions and pro- amendment at the desk be agreed to; Sec. 811. Missions of national need. grams. Sec. 812. Drinking water well replacement that the bill, as amended, be considered Sec. 308. Life science and physical science read a third time and passed; and that for Chincoteague, Virginia. research. Sec. 813. Passenger carrier use. the motion to reconsider be considered Sec. 309. Science missions to Mars. Sec. 814. Use of commercial near-space bal- Sec. 310. Planetary Defense Coordination Of- made and laid upon the table. loons. fice. The PRESIDING OFFICER. Is there Sec. 815. President’s Space Advisory Board. Sec. 311. Suborbital science flights. objection? Sec. 816. Initiative on technologies for noise Sec. 312. Earth science data and observa- and emissions reductions. Without objection, it is so ordered. tions. The committee-reported amendment Sec. 313. Sense of Congress on small sat- Sec. 817. Remediation of sites contaminated in the nature of a substitute was with- ellite science. with trichloroethylene. drawn. Sec. 314. Sense of Congress on commercial Sec. 818. Report on merits and options for The amendment (No. 2718) in the na- space services. establishing an institute relat- Sec. 315. Procedures for identifying and ad- ing to space resources. ture of a substitute was agreed to, as Sec. 819. Report on establishing center of ex- follows: dressing alleged violations of scientific integrity policy. cellence for space weather tech- (Purpose: In the nature of a substitute.) nology. TITLE IV—AERONAUTICS (The amendment is printed in today’s Sec. 820. Review on preference for domestic Sec. 401. Short title. suppliers. RECORD under ‘‘Text of Amendments.’’) Sec. 402. Definitions. The bill (S. 2800), as amended, was or- Sec. 821. Report on utilization of commer- Sec. 403. Experimental aircraft projects. cial spaceports licensed by Fed- dered to be engrossed for a third read- Sec. 404. Unmanned aircraft systems. eral Aviation Administration. ing, was read the third time, and Sec. 405. 21st Century Aeronautics Capabili- Sec. 822. Active orbital debris mitigation. passed, as follows: ties Initiative. Sec. 823. Study on commercial communica- S. 2800 Sec. 406. Sense of Congress on on-demand air tions services. transportation. Be it enacted by the Senate and House of Rep- Sec. 407. Sense of Congress on hypersonic SEC. 2. DEFINITIONS. resentatives of the United States of America in technology research. In this Act: Congress assembled, (1) ADMINISTRATION.—The term ‘‘Adminis- TITLE V—SPACE TECHNOLOGY SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tration’’ means the National Aeronautics Sec. 501. Space Technology Mission Direc- (a) SHORT TITLE.—This Act may be cited as and Space Administration. the ‘‘National Aeronautics and Space Admin- torate. (2) ADMINISTRATOR.—The term ‘‘Adminis- istration Authorization Act of 2020’’. Sec. 502. Flight opportunities program. trator’’ means the Administrator of the Na- Sec. 503. Small Spacecraft Technology Pro- (b) TABLE OF CONTENTS.—The table of con- tional Aeronautics and Space Administra- tents of this Act is as follows: gram. tion. Sec. 504. Nuclear propulsion technology. (3) APPROPRIATE COMMITTEES OF CON- Sec. 1. Short title; table of contents. Sec. 505. Mars-forward technologies. Sec. 2. Definitions. GRESS.—Except as otherwise expressly pro- Sec. 506. Prioritization of low-enriched ura- vided, the term ‘‘appropriate committees of TITLE I—AUTHORIZATION OF nium technology. APPROPRIATIONS Congress’’ means— Sec. 507. Sense of Congress on next-genera- (A) the Committee on Commerce, Science, Sec. 101. Authorization of appropriations. tion communications tech- and Transportation of the Senate; and TITLE II—HUMAN SPACEFLIGHT AND nology. (B) the Committee on Science, Space, and Sec. 508. Lunar surface technologies. EXPLORATION Technology of the House of Representatives. Sec. 201. Advanced cislunar and lunar sur- TITLE VI—STEM ENGAGEMENT (4) CISLUNAR SPACE.—The term ‘‘cislunar face capabilities. Sec. 601. Sense of Congress. space’’ means the region of space beyond

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.002 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7667 low-Earth orbit out to and including the re- (1) enter into industry-led partnerships maximum extent practicable, partner with gion around the surface of the Moon. using a fixed-price, milestone-based ap- industry-proven spacesuit design, develop- (5) DEEP SPACE.—The term ‘‘deep space’’ proach; ment, and manufacturing suppliers and le- means the region of space beyond low-Earth (2) to the maximum extent practicable, en- verage prior and existing investments in ad- orbit, including cislunar space. courage reusability and sustainability of sys- vanced spacesuit technologies and existing (6) DEVELOPMENT COST.—The term ‘‘devel- tems developed; capabilities at NASA centers to maximize opment cost’’ has the meaning given the (3) prioritize safety and implement robust the benefits of such investments and tech- term in section 30104 of title 51, United ground and in-space test requirements; nologies. States Code. (4) ensure availability of 1 or more lunar (2) AGREEMENTS WITH PRIVATE ENTITIES.—In (7) ISS.—The term ‘‘ISS’’ means the Inter- polar science payloads for a demonstration carrying out this subsection, the Adminis- national Space Station. mission; and trator may enter into 1 or more agreements (8) ISS MANAGEMENT ENTITY.—The term (5) to the maximum extent practicable, with 1 or more private entities for the manu- ‘‘ISS management entity’’ means the organi- offer existing capabilities and assets of facture of advanced spacesuits, as the Ad- zation with which the Administrator has en- NASA centers to support these partnerships. ministrator considers appropriate. (f) BRIEFING.—Not later than 180 days after tered into a cooperative agreement under SEC. 202. SPACE LAUNCH SYSTEM CONFIGURA- section 504(a) of the National Aeronautics TIONS. the date of the enactment of this Act, and semiannually thereafter until NASA pro- and Space Administration Authorization Act (a) MOBILE LAUNCH PLATFORM.—The Ad- cures advanced spacesuits under this section, of 2010 (42 U.S.C. 18354(a)). ministrator is authorized to maintain 2 oper- the Administrator shall brief the appropriate (9) NASA.—The term ‘‘NASA’’ means the ational mobile launch platforms to enable committees of Congress on the development National Aeronautics and Space Administra- the launch of multiple configurations of the plan in subsection (b). tion. Space Launch System. SEC. 204. ACQUISITION OF DOMESTIC SPACE (10) ORION.—The term ‘‘Orion’’ means the (b) EXPLORATION UPPER STAGE.—To meet TRANSPORTATION AND LOGISTICS multipurpose crew vehicle described in sec- the capability requirements under section RESUPPLY SERVICES. tion 303 of the National Aeronautics and 302(c)(2) of the National Aeronautics and (a) IN GENERAL.—Except as provided in Space Administration Authorization Act of Space Administration Authorization Act of subsection (b), the Administrator shall not 2010 (42 U.S.C. 18323). 2010 (42 U.S.C. 18322(c)(2)), the Administrator enter into any contract with a person or en- (11) OSTP.—The term ‘‘OSTP’’ means the shall continue development of the Explo- tity that proposes to use, or will use, a for- Office of Science and Technology Policy. ration Upper Stage for the Space Launch eign launch provider for a commercial serv- (12) SPACE LAUNCH SYSTEM.—The term System with a scheduled availability suffi- ice to provide space transportation or logis- ‘‘Space Launch System’’ means the Space cient for use on the third launch of the Space tics resupply for— Launch System authorized under section 302 Launch System. (1) the ISS; or of the National Aeronautics and Space Ad- (c) BRIEFING.—Not later than 90 days after (2) any Government-owned or Government- ministration Act of 2010 (42 U.S.C. 18322). the date of the enactment of this Act, the funded platform in Earth orbit or cislunar TITLE I—AUTHORIZATION OF Administrator shall brief the appropriate space, on the lunar surface, or elsewhere in APPROPRIATIONS committees of Congress on the development space. and scheduled availability of the Exploration (b) EXCEPTION.—The Administrator may SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Upper Stage for the third launch of the enter into a contract with a person or an en- There are authorized to be appropriated to Space Launch System. tity that proposes to use, or will use, a for- the Administration for fiscal year 2021 (d) MAIN PROPULSION TEST ARTICLE.—To eign launch provider for a commercial serv- $23,495,000,000 as follows: meet the requirements under section ice to carry out an activity described in sub- (1) For Exploration, $6,706,400,000. 302(c)(3) of the National Aeronautics and section (a) if— (2) For Space Operations, $3,988,200,000. Space Administration Authorization Act of (1) a domestic vehicle or service is unavail- (3) For Science, $7,274,700,000. 2010 (42 U.S.C. 18322(c)(3)), the Administrator able; or (4) For Aeronautics, $828,700,000. shall— (2) the launch vehicle or service is a con- (5) For Space Technology, $1,206,000,000. (1) immediately on completion of the first tribution by a partner to an international (6) For Science, Technology, Engineering, full-duration integrated core stage test of no-exchange-of-funds collaborative effort. and Mathematics Engagement, $120,000,000. the Space Launch System, initiate develop- (c) RULE OF CONSTRUCTION.—Nothing in (7) For Safety, Security, and Mission Serv- ment of a main propulsion test article for this section shall be construed to prohibit ices, $2,936,500,000. the integrated core stage propulsion ele- the Administrator from entering into 1 or (8) For Construction and Environmental ments of the Space Launch System, con- more no-exchange-of-funds collaborative Compliance and Restoration, $390,300,000. sistent with cost and schedule constraints, agreements with an international partner in (9) For Inspector General, $44,200,000. particularly for long-lead propulsion hard- support of the deep space exploration plan of ware needed for flight; NASA. TITLE II—HUMAN SPACEFLIGHT AND SEC. 205. ROCKET ENGINE TEST INFRASTRUC- EXPLORATION (2) not later than 180 days after the date of the enactment of this Act, submit to the ap- TURE. (a) IN GENERAL.—The Administrator shall SEC. 201. ADVANCED CISLUNAR AND LUNAR SUR- propriate committees of Congress a detailed continue to carry out a program to mod- FACE CAPABILITIES. plan for the development and operation of ernize rocket propulsion test infrastructure (a) SENSE OF CONGRESS.—It is the sense of such main propulsion test article; and at NASA facilities— Congress that— (3) use existing capabilities of NASA cen- (1) to increase capabilities; (1) commercial entities in the United ters for the design, manufacture, and oper- (2) to enhance safety; States have made significant investment and ation of the main propulsion test article. progress toward the development of human- (3) to support propulsion development and SEC. 203. ADVANCED SPACESUITS. testing; and class lunar landers; (a) SENSE OF CONGRESS.—It is the sense of (2) NASA developed the Artemis program— (4) to foster the improvement of Govern- Congress that next-generation advanced ment and commercial space transportation (A) to fulfill the goal of landing United spacesuits are a critical technology for States astronauts, including the first woman and exploration. human space exploration and use of low- (b) PROJECTS.—Projects funded under the and the next man, on the Moon; and Earth orbit, cislunar space, the surface of program described in subsection (a) may in- (B) to collaborate with commercial and the Moon, and Mars. clude— international partners to establish sustain- (b) DEVELOPMENT PLAN.—The Adminis- (1) infrastructure and other facilities and able lunar exploration by 2028; and trator shall establish a detailed plan for the systems relating to rocket propulsion test (3) in carrying out the Artemis program, development and manufacture of advanced stands and rocket propulsion testing; the Administration should ensure that the spacesuits, consistent with the deep space (2) enhancements to test facility capacity entire Artemis program is inclusive and rep- exploration goals and timetables of NASA. and flexibility; and resentative of all people of the United (c) DIVERSE ASTRONAUT CORPS.—The Ad- (3) such other projects as the Adminis- States, including women and minorities. ministrator shall ensure that spacesuits de- trator considers appropriate to meet the (b) LANDER PROGRAM.— veloped and manufactured after the date of goals described in that subsection. (1) IN GENERAL.—The Administrator shall the enactment of this Act are capable of ac- (c) REQUIREMENTS.—In carrying out the foster the flight demonstration of not more commodating a wide range of sizes of astro- program under subsection (a), the Adminis- than 2 human-class lunar lander designs nauts so as to meet the needs of the diverse trator shall— through public-private partnerships. NASA astronaut corps. (1) prioritize investments in projects that (2) INITIAL DEVELOPMENT PHASE.—The Ad- (d) ISS USE.—Throughout the operational enhance test and flight certification capa- ministrator may support the formulation of life of the ISS, the Administrator should bilities for large thrust-level atmospheric more than 2 concepts in the initial develop- fully use the ISS for testing advanced and altitude engines and engine systems, and ment phase. spacesuits. multi-engine integrated test capabilities; (c) REQUIREMENTS.—In carrying out the (e) PRIOR INVESTMENTS.— (2) continue to make underutilized test fa- program under subsection (b), the Adminis- (1) IN GENERAL.—In developing an advanced cilities available for commercial use on a re- trator shall— spacesuit, the Administrator shall, to the imbursable basis; and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7668 CONGRESSIONAL RECORD — SENATE December 18, 2020 (3) ensure that no project carried out under (2) low-Earth orbit should be used as a test (1) the Committee on Armed Services, the this program adversely impacts, delays, or bed to advance human space exploration and Committee on Appropriations, and the Com- defers testing or other activities associated scientific discoveries; and mittee on Commerce, Science, and Transpor- with facilities used for Government pro- (3) the ISS is a critical component of eco- tation of the Senate; and grams, including— nomic, commercial, and industrial develop- (2) the Committee on Armed Services, the (A) the Space Launch System and the Ex- ment in low-Earth orbit. Committee on Appropriations, and the Com- ploration Upper Stage of the Space Launch (b) HUMAN PRESENCE REQUIREMENT.—The mittee on Science, Space, and Technology of System; United States shall continuously maintain the House of Representatives. (B) in-space propulsion to support explo- the capability for a continuous human pres- ration missions; or ence in low-Earth orbit through and beyond SEC. 211. COMMERCIAL DEVELOPMENT IN LOW- EARTH ORBIT. (C) nuclear propulsion testing. the useful life of the ISS. (d) RULE OF CONSTRUCTION.—Nothing in SEC. 209. EXTENSION AND MODIFICATION RELAT- (a) STATEMENT OF POLICY.—It is the policy this section shall preclude a NASA program, ING TO INTERNATIONAL SPACE STA- of the United States to encourage the devel- including the Space Launch System and the TION. opment of a thriving and robust United (a) POLICY.—Section 501(a) of the National Exploration Upper Stage of the Space States commercial sector in low-Earth orbit. Launch System, from using the modernized Aeronautics and Space Administration Au- test infrastructure developed under this sec- thorization Act of 2010 (42 U.S.C. 18351(a)) is (b) PREFERENCE FOR UNITED STATES COM- tion. amended by striking ‘‘2024’’ and inserting MERCIAL PRODUCTS AND SERVICES.—The Ad- (e) WORKING CAPITAL FUND STUDY.— ‘‘2030’’. ministrator shall continue to increase the (1) IN GENERAL.—Not later than 180 days (b) MAINTENANCE OF UNITED STATES SEG- use of assets, products, and services of pri- after the date of the enactment of this Act, MENT AND ASSURANCE OF CONTINUED OPER- vate entities in the United States to fulfill the Administrator shall submit to the appro- ATIONS.—Section 503(a) of the National Aero- the low-Earth orbit requirements of the Ad- nautics and Space Administration Author- priate committees of Congress a report on ministration. the use of the authority under section 30102 ization Act of 2010 (42 U.S.C. 18353(a)) is amended by striking ‘‘September 30, 2024’’ (c) NONCOMPETITION.— of title 51, United States Code, to promote and inserting ‘‘September 30, 2030’’. (1) IN GENERAL.—Except as provided in increased use of NASA rocket propulsion (c) RESEARCH CAPACITY ALLOCATION AND IN- paragraph (2), the Administrator may not test infrastructure for research, develop- TEGRATION OF RESEARCH PAYLOADS.—Section offer to a foreign person or a foreign govern- ment, testing, and evaluation activities by 504(d) of the National Aeronautics and Space ment a spaceflight product or service relat- other Federal agencies, firms, associations, Administration Authorization Act of 2010 (42 ing to the ISS, if a comparable spaceflight corporations, and educational institutions. U.S.C. 18354(d)) is amended— product or service, as applicable, is offered (2) MATTERS TO BE INCLUDED.—The report (1) in paragraph (1), in the first sentence— by a private entity in the United States. required by paragraph (1) shall include the (A) by striking ‘‘As soon as practicable’’ (2) EXCEPTION.—The Administrator may following: and all that follows through ‘‘2011,’’ and in- offer a spaceflight product or service relat- (A) An assessment of prior use, if any, of serting ‘‘The’’; and ing to the ISS to the government of a coun- the authority under section 30102 of title 51, (B) by striking ‘‘September 30, 2024’’ and try that is a signatory to the Agreement United States Code, to improve testing infra- inserting ‘‘September 30, 2030’’; and Among the Government of Canada, Govern- structure. (2) in paragraph (2), in the third sentence, ments of Member States of the European (B) An analysis of any barrier to imple- by striking ‘‘September 30, 2024’’ and insert- Space Agency, the Government of Japan, the mentation of such authority for the purpose ing ‘‘September 30, 2030’’. Government of the Russian Federation, and of promoting increased use of NASA rocket (d) MAINTENANCE OF USE.— the Government of the United States of propulsion test infrastructure. (1) IN GENERAL.—Section 70907 of title 51, America Concerning Cooperation on the SEC. 206. INDIAN RIVER BRIDGE. United States Code, is amended— Civil International Space Station, signed at (a) IN GENERAL.—The Administrator, in co- (A) in the section heading, by striking Washington January 29, 1998, and entered ordination with the heads of other Federal ‘‘2024’’ and inserting ‘‘2030’’; into force on March 27, 2001 (TIAS 12927), in- agencies that use the Indian River Bridge on (B) in subsection (a), by striking ‘‘Sep- cluding an international partner astronaut the NASA Causeway, shall develop a plan to tember 30, 2024’’ and inserting ‘‘September (as defined in section 50902 of title 51, United ensure that a bridge over the Indian River at 30, 2030’’; and States Code) that is sponsored by the govern- such location provides access to the Eastern (C) in subsection (b)(3), by striking ‘‘Sep- ment of such a country. Range for national security, civil, and com- tember 30, 2024’’ and inserting ‘‘September mercial space operations. 30, 2030’’. (d) SHORT-DURATION COMMERCIAL MIS- (b) FEE OR TOLL DISCOURAGED.—The plan (e) TRANSITION PLAN REPORTS.—Section SIONS.—To provide opportunities for addi- shall strongly discourage the imposition of a 50111(c)(2) of title 51, United States Code is tional transport of astronauts to the ISS and user fee or toll on a bridge over the Indian amended— help establish a commercial market in low- River at such location. (1) in the matter preceding subparagraph Earth orbit, the Administrator may permit SEC. 207. PEARL RIVER MAINTENANCE. (A), by striking ‘‘2023’’ and inserting ‘‘2028’’; short-duration missions to the ISS for com- (a) IN GENERAL.—The Administrator shall and mercial passengers on a fully or partially re- coordinate with the Chief of the Army Corps (2) in subparagraph (J), by striking ‘‘2028’’ imbursable basis. of Engineers to ensure the continued naviga- and inserting ‘‘2030’’. (e) PROGRAM AUTHORIZATION.— bility of the Pearl River and Little Lake (f) ELIMINATION OF INTERNATIONAL SPACE (1) ESTABLISHMENT.—The Administrator channels sufficient to support NASA barge STATION NATIONAL LABORATORY ADVISORY shall establish a low-Earth orbit commercial operations surrounding Stennis Space Center COMMITTEE.—Section 70906 of title 51, United and the Michoud Assembly Facility. States Code, is repealed. development program to encourage the full- (b) REPORT TO CONGRESS.—Not later than (g) CONFORMING AMENDMENTS.—Chapter 709 est commercial use and development of space 180 days after the date of the enactment of of title 51, United States Code, is amended— by private entities in the United States. this Act, the Administrator shall submit to (1) by redesignating section 70907 as section (2) ELEMENTS.—The program established the appropriate committees of Congress a re- 70906; and under paragraph (1) shall, to the maximum port on efforts under subsection (a). (2) in the table of sections for the chapter, extent practicable, include activities— (c) APPROPRIATE COMMITTEES OF CON- by striking the items relating to sections (A) to stimulate demand for— GRESS.—In this section, the term ‘‘appro- 70906 and 70907 and inserting the following: (i) space-based commercial research, devel- priate committees of Congress’’ means— ‘‘70906. Maintaining use through at least opment, and manufacturing; (1) the Committee on Commerce, Science, 2030.’’. (ii) spaceflight products and services; and (iii) human spaceflight products and serv- and Transportation, the Committee on Envi- SEC. 210. DEPARTMENT OF DEFENSE ACTIVITIES ronment and Public Works, and the Com- ON INTERNATIONAL SPACE STA- ices in low-Earth orbit; mittee on Appropriations of the Senate; and TION. (B) to improve the capability of the ISS to (2) the Committee on Science, Space, and (a) IN GENERAL.—Not later than 180 days accommodate commercial users; and Technology, the Committee on Transpor- after the date of the enactment of this Act, (C) subject to paragraph (3), to foster the tation and Infrastructure, and the Com- the Secretary of Defense shall— development of commercial space stations mittee on Appropriations of the House of (1) identify and review each activity, pro- and habitats. Representatives. gram, and project of the Department of De- (3) COMMERCIAL SPACE STATIONS AND HABI- SEC. 208. VALUE OF INTERNATIONAL SPACE STA- fense completed, being carried out, or TATS.— TION AND CAPABILITIES IN LOW- planned to be carried out on the ISS as of (A) PRIORITY.—With respect to an activity EARTH ORBIT. the date of the review; and to develop a commercial space station or (a) SENSE OF CONGRESS.—It is the sense of (2) provide to the appropriate committees habitat, the Administrator shall give pri- Congress that— of Congress a briefing that describes the re- ority to an activity for which a private enti- (1) it is in the national and economic secu- sults of the review. ty provides a significant share of the cost to rity interests of the United States to main- (b) APPROPRIATE COMMITTEES OF CONGRESS develop and operate the activity. tain a continuous human presence in low- DEFINED.—In this section, the term ‘‘appro- (B) REPORT.—Not later than 30 days after Earth orbit; priate committees of Congress’’ means— the date that an award or agreement is made

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7669 to carry out an activity to develop a com- not be subject to a Government-purpose li- zation with which the Administrator enters mercial space station or habitat, the Admin- cense, if— into a cooperative agreement under section istrator shall submit to the appropriate com- ‘‘(1)(A) the Administration is reimbursed 504(a) of the National Aeronautics and Space mittees of Congress a report on the develop- under the terms of the contract for the full Administration Authorization Act of 2010 (42 ment of the commercial space station or cost of a contribution by the Federal Gov- U.S.C. 18354(a)). habitat, as applicable, that includes— ernment of the use of Federal facilities, ‘‘(7) USER.—The term ‘user’ means a per- (i) a business plan that describes the man- equipment, materials, proprietary informa- son, including a nonprofit organization or ner in which the project will— tion of the Federal Government, or services small business firm (as such terms are de- (I) meet the future requirements of NASA of a Federal employee during working hours, fined in section 201 of title 35), or class of for low-Earth orbit human space-flight serv- including the cost for the Administration to persons that enters into a written contract ices; and carry out its responsibilities under para- with the Administration or the ISS manage- (II) fulfill the cost-share funding graphs (1) and (4) of section 504(d) of the Na- ment entity for the performance of des- prioritization under subparagraph (A); and tional Aeronautics and Space Administra- ignated activities.’’. (ii) a review of the viability of the oper- tion Authorization Act of 2010 (42 U.S.C. (b) CONFORMING AMENDMENT.—The table of ational business case, including— 18354(d)); sections for chapter 201 of title 51, United (I) the level of expected Government par- ‘‘(B) Federal funds are not transferred to States Code, is amended by inserting after ticipation; the user under the contract; and the item relating to section 20149 the fol- (II) a list of anticipated nongovernmental ‘‘(C) the designated invention was made (as lowing: an international customers and associated defined in section 20135(a))— ‘‘20150. Property rights in designated inven- contributions; and ‘‘(i) solely by the user; or tions.’’. (III) an assessment of long-term sustain- ‘‘(ii)(I) by the user with the services of a SEC. 214. DATA FIRST PRODUCED DURING NON- ability for the nongovernmental customers, Federal employee under the terms of the NASA SCIENTIFIC USE OF THE ISS including an independent assessment of the contract; and NATIONAL LABORATORY. viability of the market for such commercial ‘‘(II) the Administration is reimbursed for (a) DATA RIGHTS.—Subchapter III of chap- services or products. such services under subparagraph (B); or ter 201 of title 51, United States Code, as SEC. 212. MAINTAINING A NATIONAL LABORA- ‘‘(2) the Administrator determines that the amended by section 213, is further amended TORY IN SPACE. relevant field of commercial endeavor is suf- by adding at the end the following: (a) SENSE OF CONGRESS.—It is the sense of ficiently immature that granting exclusive ‘‘§ 20151. Data rights Congress that— property rights to the user is necessary to ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS (1) the United States segment of the Inter- help bolster demand for products and serv- NATIONAL LABORATORY.—The Federal Gov- national Space Station (as defined in section ices produced on crewed or crew-tended ernment may not use or reproduce, or dis- 70905 of title 51, United States Code), which space stations. close outside of the Government, any data ‘‘(b) NOTIFICATION TO CONGRESS.—On com- is designated as a national laboratory under first produced in the performance of a des- pletion of a determination made under para- section 70905(b) of title 51, United States ignated activity under a written contract graph (2), the Administrator shall submit to Code— with the Administration or the ISS manage- (A) benefits the scientific community and the appropriate committees of Congress a notification of the determination that in- ment entity, unless— promotes commerce in space; ‘‘(1) otherwise agreed under the terms of (B) fosters stronger relationships among cludes a written justification. ‘‘(c) PUBLIC AVAILABILITY.—A determina- the contract with the Administration or the NASA and other Federal agencies, the pri- ISS management entity, as applicable; vate sector, and research groups and univer- tion or part of such determination under paragraph (1) shall be made available to the ‘‘(2) the designated activity is carried out sities; with Federal funds; (C) advances science, technology, engineer- public on request, as required under section 552 of title 5, United States Code (commonly ‘‘(3) disclosure is required by law; ing, and mathematics education through use referred to as the ‘Freedom of Information ‘‘(4) the Federal Government has rights in of the unique microgravity environment; and Act’). the data under another Federal contract, (D) advances human knowledge and inter- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in grant, cooperative agreement, or other national cooperation; this section may be construed to affect the transaction; or (2) after the ISS is decommissioned, the rights of the Federal Government, including ‘‘(5) the data is— United States should maintain a national property rights in inventions, under any con- ‘‘(A) otherwise lawfully acquired or inde- microgravity laboratory in space; tract, except in the case of a written con- pendently developed by the Federal Govern- (3) in maintaining a national microgravity tract with the Administration or the ISS ment; laboratory in space, the United States management entity for the performance of a ‘‘(B) related to the health and safety of should make appropriate accommodations designated activity. personnel on the ISS; or for different types of ownership and oper- ‘‘(e) DEFINITIONS.—In this section— ‘‘(C) essential to the performance of work ation arrangements for the ISS and future ‘‘(1) CONTRACT.—The term ‘contract’ has by the ISS management entity or NASA per- space stations; the meaning giving the term in section sonnel. (4) to the maximum extent practicable, a 20135(a). ‘‘(b) DEFINITIONS.—In this section: national microgravity laboratory in space ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des- ‘‘(1) CONTRACT.—The term ‘contract’ has should be maintained in cooperation with ignated activity’ means any non-NASA sci- the meaning given the term under section international space partners; and entific use of the ISS national laboratory as 20135(a). (5) NASA should continue to support fun- described in section 504 of the National Aero- ‘‘(2) DATA.— damental science research on future plat- nautics and Space Administration Author- ‘‘(A) IN GENERAL.—The term ‘data’ means forms in low-Earth orbit and cislunar space, ization Act of 2010 (42 U.S.C. 18354). recorded information, regardless of form or orbital and suborbital flights, drop towers, ‘‘(3) DESIGNATED INVENTION.—The term the media on which it may be recorded. and other microgravity testing environ- ‘designated invention’ means any invention, ‘‘(B) INCLUSIONS.—The term ‘data’ includes ments. product, or service conceived or first reduced technical data and computer software. EPORT (b) R .—The Administrator, in coordi- to practice by any person in the performance ‘‘(C) EXCLUSIONS.—The term ‘data’ does not nation with the National Space Council and of a designated activity under a written con- include information incidental to contract other Federal agencies as the Administrator tract with the Administration or the ISS administration, such as financial, adminis- considers appropriate, shall issue a report management entity. trative, cost or pricing, or management in- detailing the feasibility of establishing a ‘‘(4) FULL COST.—The term ‘full cost’ means formation. microgravity national laboratory federally the cost of transporting materials or pas- ‘‘(3) DESIGNATED ACTIVITY.—The term ‘des- funded research and development center to sengers to and from the ISS, including any ignated activity’ has the meaning given the carry out activities relating to the study and power needs, the disposal of mass, crew term in section 20150. use of in-space conditions. member time, stowage, power on the ISS, ‘‘(4) ISS MANAGEMENT ENTITY.—The term SEC. 213. INTERNATIONAL SPACE STATION NA- data downlink, crew consumables, and life ‘ISS management entity’ has the meaning TIONAL LABORATORY; PROPERTY support. given the term in section 20150.’’. RIGHTS IN INVENTIONS. ‘‘(5) GOVERNMENT-PURPOSE LICENSE.—The (b) SPECIAL HANDLING OF TRADE SECRETS (a) IN GENERAL.—Subchapter III of chapter term ‘Government-purpose license’ means OR CONFIDENTIAL INFORMATION.—Section 201 of title 51, United States Code, is amend- the reservation by the Federal Government 20131(b)(2) of title 51, United States Code, is ed by adding at the end the following: of an irrevocable, nonexclusive, nontransfer- amended to read as follows: ‘‘§ 20150. Property rights in designated inven- able, royalty-free license for the use of an in- ‘‘(2) INFORMATION DESCRIBED.— tions vention throughout the world by or on behalf ‘‘(A) ACTIVITIES UNDER AGREEMENT.—Infor- ‘‘(a) EXCLUSIVE PROPERTY RIGHTS.—Not- of the United States or any foreign govern- mation referred to in paragraph (1) is infor- withstanding section 3710a of title 15, chap- ment pursuant to a treaty or agreement with mation that— ter 18 of title 35, section 20135, or any other the United States. ‘‘(i) results from activities conducted provision of law, a designated invention shall ‘‘(6) ISS MANAGEMENT ENTITY.—The term under an agreement entered into under sub- be the exclusive property of a user, and shall ‘ISS management entity’ means the organi- sections (e) and (f) of section 20113; and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7670 CONGRESSIONAL RECORD — SENATE December 18, 2020 ‘‘(ii) would be a trade secret or commercial ‘‘(C) To develop, implement, or operate fu- intermediate destinations, such as the Moon, or financial information that is privileged or ture human deep space platforms or capabili- in accordance with section 20302(b), and on a confidential within the meaning of section ties. timetable determined by the availability of 552(b)(4) of title 5 if the information had been ‘‘(D) Any other costs the Administrator funding, in order to achieve the objective of obtained from a non-Federal party partici- considers appropriate. human exploration of Mars specified in sec- pating in such an agreement. ‘‘(4) REPORT.—On completion of the first tion 202(b)(5) of the National Aeronautics ‘‘(B) CERTAIN DATA.—Information referred annual review under paragraph (1), and annu- and Space Administration Authorization Act to in paragraph (1) includes data (as defined ally thereafter, the Administrator shall sub- of 2010 (42 U.S.C. 18312(b)(5)), if the Adminis- in section 20151) that— mit to the appropriate committees of Con- trator— ‘‘(i) was first produced by the Administra- gress a report that includes a description of ‘‘(1) determines that each such mission tion in the performance of any designated the results of the annual review, any agree- demonstrates or advances a technology or activity (as defined in section 20150); and ment entered into under this section, and operational concept that will enable human ‘‘(ii) would be a trade secret or commercial the amounts recouped or obtained under any missions to Mars; and or financial information that is privileged or such agreement. ‘‘(2) incorporates each such mission into confidential within the meaning of section ‘‘(b) LICENSING AND ASSIGNMENT OF INVEN- the human exploration roadmap under sec- 552(b)(4) of title 5 if the data had been ob- TIONS.—Notwithstanding sections 3710a and tion 432 of the National Aeronautics and tained from a non-Federal party.’’. 3710c of title 15 and any other provision of Space Administration Transition Authoriza- (c) CONFORMING AMENDMENT.—The table of law, after payment in accordance with sub- tion Act of 2017 (Public Law 115–10; 51 U.S.C. sections for chapter 201 of title 51, United section (A)(i) of such section 3710c(a)(1)(A)(i) 20302 note). States Code, as amended by section 213, is to the inventors who have directly assigned ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVI- further amended by inserting after the item to the Federal Government their interests in TIES.—In conducting a mission under sub- relating to section 20150 the following: an invention under a written contract with section (a), the Administrator shall— ‘‘20151. Data rights.’’. the Administration or the ISS management ‘‘(1) use a combination of launches of the SEC. 215. PAYMENTS RECEIVED FOR COMMER- entity for the performance of a designated Space Launch System and space transpor- CIAL SPACE-ENABLED PRODUCTION activity, the balance of any royalty or other tation services from United States commer- ON THE ISS. payment received by the Administrator or cial providers, as appropriate, for the mis- (a) SENSE OF CONGRESS.—It is the sense of the ISS management entity from licensing sion; Congress that— and assignment of such invention shall be ‘‘(2) plan for not fewer than 1 Space (1) the Administrator should determine a paid by the Administrator or the ISS man- Launch System launch annually beginning threshold for NASA to recover the costs of agement entity, as applicable, to the Space after the first successful crewed launch of supporting the commercial development of Exploration Fund. Orion on the Space Launch System; and products or services aboard the ISS, through ‘‘(c) SPACE EXPLORATION FUND.— ‘‘(3) establish an outpost in orbit around the negotiation of agreements, similar to ‘‘(1) ESTABLISHMENT.—There is established the Moon that— agreements made by other Federal agencies in the Treasury of the United States a fund, ‘‘(A) demonstrates technologies, systems, that support private sector innovation; and to be known as the ‘Space Exploration Fund’ and operational concepts directly applicable (2) the amount of such costs that to be re- (referred to in this subsection as the ‘Fund’), to the space vehicle that will be used to covered or profits collected through such to be administered by the Administrator. transport humans to Mars; agreements should be applied by the Admin- ‘‘(2) USE OF FUND.—The Fund shall be ‘‘(B) has the capability for periodic human istrator through a tiered process, taking into available to carry out activities described in habitation; and consideration the relative maturity and prof- subsection (a)(3). ‘‘(C) can function as a point of departure, itability of the applicable product or service. ‘‘(3) DEPOSITS.—There shall be deposited in return, or staging for Administration or non- (b) IN GENERAL.—Subchapter III of chapter the Fund— governmental or international partner mis- 201 of title 51, United States Code, as amend- sions to multiple locations on the lunar sur- ed by section 214, is further amended by add- ‘‘(A) amounts appropriated to the Fund; ‘‘(B) fees and royalties collected by the Ad- face or other destinations. ing at the end the following: ‘‘(c) COST-EFFECTIVENESS.—To maximize ministrator or the ISS management entity ‘‘§ 20152. Payments received for commercial the cost-effectiveness of the long-term space under subsections (a) and (b); and space-enable production exploration and utilization activities of the ‘‘(C) donations or contributions designated United States, the Administrator shall take ‘‘(a) ANNUAL REVIEW.— to support authorized activities. ‘‘(1) IN GENERAL.—Not later than one year all necessary steps, including engaging non- ‘‘(4) RULE OF CONSTRUCTION.—Amounts governmental and international partners, to after the date of the enactment of this sec- available to the Administrator under this tion, and annually thereafter, the Adminis- ensure that activities in the Administra- subsection shall be— trator shall review the profitability of any tion’s human space exploration program are ‘‘(A) in addition to amounts otherwise partnership with a private entity under a balanced in order to help meet the require- made available for the purpose described in contract in which the Administrator— ments of future exploration and utilization paragraph (2); and ‘‘(A) permits the use of the ISS by such activities leading to human habitation on ‘‘(B) available for a period of 5 years, to the private entities to produce a commercial the surface of Mars. extent and in the amounts provided in an- product or service; and ‘‘(d) COMPLETION.—Within budgetary con- nual appropriation Acts. ‘‘(B) provides the total unreimbursed cost siderations, once an exploration-related ‘‘(d) DEFINITIONS.— of a contribution by the Federal Government project enters its development phase, the Ad- ‘‘(1) IN GENERAL.—In this section, any term for the use of Federal facilities, equipment, ministrator shall seek, to the maximum ex- used in this section that is also used in sec- materials, proprietary information of the tent practicable, to complete that project tion 20150 shall have the meaning given the Federal Government, or services of a Federal without undue delay. term in that section. ‘‘(e) INTERNATIONAL PARTICIPATION.—To employee during working hours, including ‘‘(2) APPROPRIATE COMMITTEES OF CON- achieve the goal of successfully conducting a the cost for the Administration to carry out GRESS.—The term ‘appropriate committees crewed mission to the surface of Mars, the its responsibilities under paragraphs (1) and of Congress’ means— Administrator shall invite the partners in (4) of section 504(d) of the National Aero- ‘‘(A) the Committee on Commerce, the ISS program and other nations, as appro- nautics and Space Administration Author- Science, and Transportation and the Com- priate, to participate in an international ini- ization Act of 2010 (42 U.S.C. 18354(d)). mittee on Appropriations of the Senate; and tiative under the leadership of the United ‘‘(2) NEGOTIATION OF REIMBURSEMENTS.— ‘‘(B) the Committee on Science, Space, and States.’’. Subject to the review described in paragraph Technology and the Committee on Appro- (b) DEFINITION OF CISLUNAR SPACE.—Sec- (1), the Administrator shall seek to enter priations of the House of Representatives.’’. tion 10101 of title 51, United States Code, is into an agreement to negotiate reimburse- (c) CONFORMING AMENDMENT.—The table of amended by adding at the end the following: ments for payments received, or portions of sections for chapter 201 of title 51, United ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar profits created, by any mature, profitable States Code, as amended by section and 214, space’ means the region of space beyond low- private entity described in that paragraph, is further amended by inserting after the Earth orbit out to and including the region as appropriate, through a tiered process that item relating to section 20151 the following: around the surface of the Moon.’’. reflects the profitability of the relevant (c) TECHNICAL AND CONFORMING AMEND- ‘‘20152. Payments received for commercial product or service. MENTS.—Section 3 of the National Aero- space-enabled production.’’. ‘‘(3) USE OF FUNDS.—Amounts received by nautics and Space Administration Author- the Administrator in accordance with an SEC. 216. STEPPING STONE APPROACH TO EX- ization Act of 2010 (42 U.S.C. 18302) is amend- agreement under paragraph (2) shall be used PLORATION. ed by striking paragraphs (2) and (3) and in- by the Administrator in the following order (a) IN GENERAL.—Section 70504 of title 51, serting the following: United States Code, is amended to read as of priority: ‘‘(2) APPROPRIATE COMMITTEES OF CON- follows: ‘‘(A) To defray the operating cost of the GRESS.—The term ‘appropriate committees ISS. ‘‘§ 70504. Stepping stone approach to explo- of Congress’ means— ‘‘(B) To develop, implement, or operate fu- ration ‘‘(A) the Committee on Commerce, ture low-Earth orbit platforms or capabili- ‘‘(a) IN GENERAL.—The Administrator, in Science, and Transportation of the Senate; ties. sustainable steps, may conduct missions to and

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‘‘(B) the Committee on Science, Space, and (d) LUNAR POLAR VOLATILES.—In carrying throughout the remaining development of Technology of the House of Representatives. out the program under subsection (a), the the James Webb Space Telescope. ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar Administrator shall, at the earliest oppor- (c) REVISED ESTIMATE.—Due to delays to space’ means the region of space beyond low- tunity, consider mission proposals to evalu- the James Webb Space Telescope project re- Earth orbit out to and including the region ate the potential of lunar polar volatiles to sulting from the COVID–19 pandemic, the around the surface of the Moon.’’. contribute to sustainable lunar exploration. Administrator shall provide to Congress— SEC. 217. TECHNICAL AMENDMENTS RELATING SEC. 303. SEARCH FOR LIFE. (1) an estimate of any increase to program TO ARTEMIS MISSIONS. (a) SENSE OF CONGRESS.—It is the sense of development costs, if such costs are antici- (a) Section 421 of the National Aeronautics Congress that— pated to exceed $8,802,700,000; and and Space Administration Authorization Act (1) the report entitled ‘‘An Astrobiology (2) an estimate for a revised launch date. of 2017 (Public Law 115–10; 51 U.S.C. 20301 Strategy for the Search for Life in the Uni- SEC. 305. WIDE-FIELD INFRARED SURVEY TELE- note) is amended— verse’’ published by the National Academies SCOPE. (1) in subsection (c)(3)— of Sciences, Engineering, and Medicine out- (a) SENSE OF CONGRESS.—It is the sense of (A) by striking ‘‘EM–1’’ and inserting lines the key scientific questions and meth- Congress that— ‘‘Artemis I’’; ods for fulfilling the objective of NASA to (1) major growth in the cost of astro- (B) by striking ‘‘EM–2’’ and inserting search for the origin, evolution, distribution, physics flagship-class missions has impacted ‘‘Artemis II’’; and and future of life in the universe; and the overall portfolio balance of the Science (C) by striking ‘‘EM–3’’ and inserting (2) the interaction of lifeforms with their Mission Directorate; and ‘‘Artemis III’’; and environment, a central focus of astrobiology (2) the Administrator should continue to (2) in subsection (f)(3), by striking ‘‘EM–3’’ research, is a topic of broad significance to develop the Wide-Field Infrared Survey Tele- and inserting ‘‘Artemis III’’. life sciences research in space and on Earth. scope with a development cost of not more (b) Section 432(b) of the National Aero- (b) PROGRAM CONTINUATION.— than $3,200,000,000. nautics and Space Administration Author- (1) IN GENERAL.—The Administrator shall (b) PROJECT CONTINUATION.—The Adminis- ization Act of 2017 (Public Law 115–10; 51 continue to implement a collaborative, mul- trator shall continue to develop the Wide- U.S.C. 20302 note) is amended— tidisciplinary science and technology devel- Field Infrared Survey Telescope to meet the (1) in paragraph (3)(D)— opment program to search for proof of the objectives outlined in the 2010 decadal survey (A) by striking ‘‘EM–1’’ and inserting existence or historical existence of life be- on astronomy and astrophysics of the Na- ‘‘Artemis I’’; and yond Earth in support of the objective de- tional Academies of Sciences, Engineering, (B) by striking ‘‘EM–2’’ and inserting scribed in section 20102(d)(10) of title 51, and Medicine in a manner that maximizes ‘‘Artemis II’’; and United States Code. scientific productivity based on the re- (2) in paragraph (4)(C), by striking ‘‘EM–3’’ (2) ELEMENT.—The program under para- sources invested. and inserting ‘‘Artemis III’’. graph (1) shall include activities relating to SEC. 306. STUDY ON SATELLITE SERVICING FOR astronomy, biology, geology, and planetary TITLE III—SCIENCE SCIENCE MISSIONS. science. (a) IN GENERAL.—The Administrator shall SEC. 301. SCIENCE PRIORITIES. (3) COORDINATION WITH LIFE SCIENCES PRO- conduct a study on the feasibility of using (a) SENSE OF CONGRESS ON SCIENCE PORT- GRAM.—In carrying out the program under in-space robotic refueling, repair, or refur- FOLIO.—Congress reaffirms the sense of Con- paragraph (1), the Administrator shall co- bishment capabilities to extend the useful gress that— ordinate efforts with the life sciences pro- life of telescopes and other science missions (1) a balanced and adequately funded set of gram of the Administration. that are operational or in development as of activities, consisting of research and anal- (4) TECHNOSIGNATURES.—In carrying out the date of the enactment of this Act. ysis grant programs, technology develop- the program under paragraph (1), the Admin- (b) ELEMENTS.—The study conducted under ment, suborbital research activities, and istrator shall support activities to search for subsection (a) shall include the following: small, medium, and large space missions, and analyze technosignatures. (1) An identification of the technologies contributes to a robust and productive (5) INSTRUMENTATION AND SENSOR TECH- and in-space testing required to demonstrate science program and serves as a catalyst for NOLOGY.—In carrying out the program under the in-space robotic refueling, repair, or re- innovation and discovery; and paragraph (1), the Administrator may strate- furbishment capabilities described in that (2) the Administrator should set science gically invest in the development of new in- subsection. priorities by following the guidance provided strumentation and sensor technology. (2) The projected cost of using such capa- by the scientific community through the SEC. 304. JAMES WEBB SPACE TELESCOPE. bilities, including the cost of extended oper- decadal surveys of the National Academies of (a) SENSE OF CONGRESS.—It is the sense of ations for science missions described in that Sciences, Engineering, and Medicine. Congress that— subsection. (b) NATIONAL ACADEMIES DECADAL SUR- (1) the James Webb Space Telescope will be (c) BRIEFING.—Not later than 1 year after VEYS.—Section 20305(c) of title 51, United the next premier observatory in space and the date of the enactment of this Act, the States Code, is amended— has great potential to further scientific Administrator shall provide to the appro- (1) by striking ‘‘The Administrator shall’’ study and assist scientists in making new priate committees of Congress a briefing on and inserting the following: discoveries in the field of astronomy; the results of the study conducted under sub- ‘‘(1) REEXAMINATION OF PRIORITIES BY NA- (2) the James Webb Space Telescope was section (a). TIONAL ACADEMIES.—The Administrator developed as an ambitious project with a (d) PUBLIC AVAILABILITY.—Not later than shall’’; and scope that was not fully defined at inception 30 days after the Administrator provides the (2) by adding at the end the following: and with risk that was not fully known or briefing under subsection (c), the Adminis- ‘‘(2) REEXAMINATION OF PRIORITIES BY AD- understood; trator shall make the study conducted under MINISTRATOR.—If the Administrator decides (3) despite the major technology develop- subsection (a) available to the public. to reexamine the applicability of the prior- ment and innovation that was needed to con- SEC. 307. EARTH SCIENCE MISSIONS AND PRO- ities of the decadal surveys to the missions struct the James Webb Space Telescope, GRAMS. and activities of the Administration due to major negative impacts to the cost and (a) SENSE OF CONGRESS.—It is the sense of scientific discoveries or external factors, the schedule of the James Webb Space Telescope Congress that the Earth Science Division of Administrator shall consult with the rel- resulted from poor program management and NASA plays an important role in national ef- evant committees of the National Acad- poor contractor performance; forts— emies.’’. (4) the Administrator should take into ac- (1) to collect and use Earth observations in SEC. 302. LUNAR DISCOVERY PROGRAM. count the lessons learned from the cost and service to society; and (a) IN GENERAL.—The Administrator may schedule issues relating to the development (2) to understand global change. carry out a program to conduct lunar science of the James Webb Space Telescope in mak- (b) EARTH SCIENCE MISSIONS AND PRO- research, including missions to the surface of ing decisions regarding the scope of and the GRAMS.—With respect to the missions and the Moon, that materially contributes to the technologies needed for future scientific mis- programs of the Earth Science Division, the objective described in section 20102(d)(1) of sions; and Administrator shall, to the maximum extent title 51, United States Code. (5) in selecting future scientific missions, practicable, follow the recommendations and (b) COMMERCIAL LANDERS.—In carrying out the Administrator should take into account guidance provided by the scientific commu- the program under subsection (a), the Ad- the impact that large programs that overrun nity through the decadal survey for Earth ministrator shall procure the services of cost and schedule estimates may have on science and applications from space of the commercial landers developed primarily by other NASA programs in earlier phases of de- National Academies of Sciences, Engineer- United States industry to land science pay- velopment. ing, and Medicine, including— loads of all classes on the lunar surface. (b) PROJECT CONTINUATION.—The Adminis- (1) the science priorities described in such (c) LUNAR SCIENCE RESEARCH.—The Admin- trator shall continue— survey; istrator shall ensure that lunar science re- (1) to closely track the cost and schedule (2) the execution of the series of existing or search carried out under subsection (a) is performance of the James Webb Space Tele- previously planned observations (commonly consistent with recommendations made by scope project; and known as the ‘‘program of record’’); and the National Academies of Sciences, Engi- (2) to improve the reliability of cost esti- (3) the development of a range of missions neering, and Medicine. mates and contractor performance data of all classes, including opportunities for

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7672 CONGRESSIONAL RECORD — SENATE December 18, 2020 principal investigator-led, competitively se- SEC. 310. PLANETARY DEFENSE COORDINATION mittee on Commerce, Science, and Transpor- lected missions. OFFICE. tation of the Senate and the Committee on SEC. 308. LIFE SCIENCE AND PHYSICAL SCIENCE (a) FINDINGS.—Congress makes the fol- Science, Space, and Technology of the House RESEARCH. lowing findings: of Representatives a report that includes the (a) SENSE OF CONGRESS.—It is the sense of (1) Near-Earth objects remain a threat to following: Congress that— the United States. ‘‘(1) A summary of all activities carried (1) the 2011 decadal survey on biological (2) Section 321(d)(1) of the National Aero- out by the Planetary Defense Coordination and physical sciences in space identifies— nautics and Space Administration Author- Office established under section 310(b)(1) of (A) many areas in which fundamental sci- ization Act of 2005 (Public Law 109–155; 119 the National Aeronautics and Space Admin- entific research is needed to efficiently ad- Stat. 2922; 51 U.S.C. 71101 note prec.) estab- istration Authorization Act of 2020 since the vance the range of human activities in space, lished a requirement that the Administrator date of enactment of that Act. from the first stages of exploration to even- plan, develop, and implement a Near-Earth ‘‘(2) A description of the progress with re- tual economic development; and Object Survey program to detect, track, spect to the design, development, and launch (B) many areas of basic and applied sci- catalogue, and characterize the physical of the space-based infrared survey telescope entific research that could use the micro- characteristics of near-Earth objects equal required by section 310(b)(2)(A) of the Na- gravity, radiation, and other aspects of the to or greater than 140 meters in diameter in tional Aeronautics and Space Administra- spaceflight environment to answer funda- order to assess the threat of such near-Earth tion Authorization Act of 2020. mental scientific questions; objects to the Earth, with the goal of 90-per- ‘‘(3) An assessment of the progress toward (2) given the central role of life science and cent completion of the catalogue of such meeting the requirements of subsection physical science research in developing the near-Earth objects by December 30, 2020. (d)(1). future of space exploration, NASA should (3) The current planetary defense strategy ‘‘(4) A description of the status of efforts to continue to invest strategically in such re- of NASA acknowledges that such goal will coordinate planetary defense activities in re- search to maintain United States leadership not be met. sponse to a threat posed by a near-Earth ob- in space exploration; and (4) The report of the National Academies of ject with other Federal agencies since the (3) such research remains important to the Sciences, Engineering, and Medicine entitled date of enactment of the National Aero- objectives of NASA with respect to long-du- ‘‘Finding Hazardous Asteroids Using Infrared nautics and Space Administration Author- ration deep space human exploration to the and Visible Wavelength Telescopes’’ issued ization Act of 2020. Moon and Mars. in 2019 states that— ‘‘(5) A description of the status of efforts to (b) PROGRAM CONTINUATION.— (A) NASA cannot accomplish such goal coordinate and cooperate with other coun- (1) IN GENERAL.—In support of the goals de- with currently available assets; tries to discover hazardous asteroids and scribed in section 20302 of title 51, United (B) NASA should develop and launch a comets, plan a mitigation strategy, and im- States Code, the Administrator shall con- dedicated space-based infrared survey tele- plement that strategy in the event of the tinue to implement a collaborative, multi- scope to meet the requirements of section discovery of an object on a likely collision disciplinary life science and physical science 321(d)(1) of the National Aeronautics and course with Earth. fundamental research program— Space Administration Authorization Act of ‘‘(6) A summary of expenditures for all ac- (A) to build a scientific foundation for the 2005 (Public Law 109–155; 119 Stat. 2922; 51 tivities carried out by the Planetary Defense exploration and development of space; U.S.C. 71101 note prec.); and Coordination Office since the date of enact- (B) to investigate the mechanisms of (C) the early detection of potentially haz- ment of the National Aeronautics and Space changes to biological systems and physical ardous near-Earth objects enabled by a Administration Authorization Act of 2020.’’. systems, and the environments of those sys- space-based infrared survey telescope is im- (d) LIMITATION ON USE OF FUNDS.—None of tems in space, including the effects of long- portant to enable deflection of a dangerous the amounts authorized to be appropriated duration exposure to deep space-related envi- asteroid. by this Act for a fiscal year may be obligated ronmental factors on those systems; (b) ESTABLISHMENT OF PLANETARY DEFENSE or expended for the Office of the Adminis- (C) to understand the effects of combined COORDINATION OFFICE.— trator during the last 3 months of that fiscal deep space radiation and altered gravity lev- (1) IN GENERAL.—Not later than 90 days year unless the Administrator submits the els on biological systems so as to inform the after the date of the enactment of this Act, report for that fiscal year required by sec- development and testing of potential coun- the Administrator shall establish an office tion 321(f) of the National Aeronautics and Space Administration Authorization Act of termeasures; within the Planetary Science Division of the 2005 (Public Law 109–155; 119 Stat. 2922; 51 (D) to understand physical phenomena in Science Mission Directorate, to be known as U.S.C. 71101 note prec.). reduced gravity that affect design and per- the ‘‘Planetary Defense Coordination Of- (e) NEAR-EARTH OBJECT DEFINED.—In this formance of enabling technologies necessary fice’’, to plan, develop, and implement a pro- gram to survey threats posed by near-Earth section, the term ‘‘near-Earth object’’ means for the space exploration program; an asteroid or comet with a perihelion dis- (E) to provide scientific opportunities to objects equal to or greater than 140 meters in diameter, as required by section 321(d)(1) of tance of less than 1.3 Astronomical Units educate, train, and develop the next genera- from the Sun. tion of researchers and engineers; and the National Aeronautics and Space Admin- SEC. 311. SUBORBITAL SCIENCE FLIGHTS. (F) to provide state-of-the-art data reposi- istration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2922; 51 U.S.C. 71101 (a) SENSE OF CONGRESS.—It is the sense of tories and curation of large multi-data sets Congress that commercially available sub- to enable comparative research analyses. note prec.). (2) ACTIVITIES.—The Administrator shall— orbital flight platforms enable low-cost ac- (2) ELEMENTS.—The program under para- cess to a microgravity environment to ad- graph (1) shall— (A) develop and, not later than September 30, 2025, launch a space-based infrared survey vance science and train scientists and engi- (A) include fundamental research relating neers under the Suborbital Research Pro- to life science, space bioscience, and physical telescope that is capable of detecting near- Earth objects equal to or greater than 140 gram established under section 802(c) of the science; and National Aeronautics and Space Administra- (B) maximize intra-agency and interagency meters in diameter, with preference given to planetary missions selected by the Adminis- tion Authorization Act of 2010 (42 U.S.C. partnerships to advance space exploration, 18382(c)). scientific knowledge, and benefits to Earth. trator as of the date of the enactment of this Act to pursue concept design studies relating (b) REPORT.— (3) USE OF FACILITIES.—In carrying out the to the development of a space-based infrared (1) IN GENERAL.—Not later than 270 days program under paragraph (1), the Adminis- after the date of the enactment of this Act, trator may use ground-based, air-based, and survey telescope; (B) identify, track, and characterize poten- the Administrator shall submit to the appro- space-based facilities in low-Earth orbit and priate committees of Congress a report eval- beyond low-Earth orbit. tially hazardous near-Earth objects and issue warnings of the effects of potential impacts uating the manner in which suborbital flight SEC. 309. SCIENCE MISSIONS TO MARS. of such objects; and platforms can contribute to meeting the (a) IN GENERAL.—The Administrator shall (C) assist in coordinating Government science objectives of NASA for the Science conduct 1 or more science missions to Mars planning for response to a potential impact Mission Directorate and the Human Explo- to enable the selection of 1 or more sites for of a near-Earth object. ration and Operations Mission Directorate. human landing. (c) ANNUAL REPORT.—Section 321(f) of the (2) CONTENTS.—The report required by (b) SAMPLE PROGRAM.—The Administrator National Aeronautics and Space Administra- paragraph (1) shall include the following: may carry out a program— tion Authorization Act of 2005 (Public Law (A) An assessment of the advantages of (1) to collect samples from the surface of 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note suborbital flight platforms to meet science Mars; and prec.) is amended to read as follows: objectives. (2) to return such samples to Earth for sci- ‘‘(f) ANNUAL REPORT.—Not later than 180 (B) An evaluation of the challenges to entific analysis. days after the date of the enactment of the greater use of commercial suborbital flight (c) USE OF EXISTING CAPABILITIES AND AS- National Aeronautics and Space Administra- platforms for science purposes. SETS.—In carrying out this section, the Ad- tion Authorization Act of 2020, and annually (C) An analysis of whether commercial ministrator shall, to the maximum extent thereafter through 90-percent completion of suborbital flight platforms can provide low- practicable, use existing capabilities and as- the catalogue required by subsection (d)(1), cost flight opportunities to test lunar and sets of NASA centers. the Administrator shall submit to the Com- Mars science payloads.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7673 SEC. 312. EARTH SCIENCE DATA AND OBSERVA- TITLE IV—AERONAUTICS (F) guidance, navigation, and flight con- TIONS. SEC. 401. SHORT TITLE. trols. (a) IN GENERAL.—The Administrator shall This title may be cited as the ‘‘Aero- (c) ESTABLISHMENT AND CONTINUATION OF X- to the maximum extent practicable, make nautics Innovation Act’’. PLANE PROJECTS.— available to the public in an easily accessible SEC. 402. DEFINITIONS. (1) IN GENERAL.—The Administrator shall electronic database all data (including In this title: establish or continue to implement, in a metadata, documentation, models, data (1) AERONAUTICS STRATEGIC IMPLEMENTA- manner that is consistent with the roadmap processing methods, images, and research re- TION PLAN.—The term ‘‘Aeronautics Stra- for supersonic aeronautics research and de- sults) of the missions and programs of the tegic Implementation Plan’’ means the Aero- velopment required by section 604(b) of the Earth Science Division of the Administra- nautics Strategic Implementation Plan National Aeronautics and Space Administra- tion, or any successor division. issued by the Aeronautics Research Mission tion Transition Authorization Act of 2017 (b) OPEN DATA PROGRAM.—In carrying out Directorate. (Public Law 115–10; 131 Stat. 55), the fol- subsection (a), the Administrator shall es- (2) UNMANNED AIRCRAFT; UNMANNED AIR- lowing projects: tablish and continue to operate an open data CRAFT SYSTEM.—The terms ‘‘unmanned air- (A) A low-boom supersonic aircraft project program that— craft’’ and ‘‘unmanned aircraft system’’ have to demonstrate supersonic aircraft designs (1) is consistent with the greatest degree of the meanings given those terms in section and technologies that— interactivity, interoperability, and accessi- 44801 of title 49, United States Code. (i) reduce sonic boom noise; and bility; and (3) X-PLANE.—The term ‘‘X-plane’’ means (ii) assist the Administrator of the Federal (2) enables outside communities, including an experimental aircraft that is— Aviation Administration in enabling— the research and applications community, (A) used to test and evaluate a new tech- (I) the safe commercial deployment of civil private industry, academia, and the general nology or aerodynamic concept; and supersonic aircraft technology; and public, to effectively collaborate in areas im- (B) operated by NASA or the Department (II) the safe and efficient operation of civil portant to— of Defense. supersonic aircraft. (B) A subsonic flight demonstrator aircraft (A) studying the Earth system and improv- SEC. 403. EXPERIMENTAL AIRCRAFT PROJECTS. project to advance high-aspect-ratio, thin- ing the prediction of Earth system change; (a) SENSE OF CONGRESS.—It is the sense of and Congress that— wing aircraft designs and to integrate pro- (B) improving model development, data as- (1) developing high-risk, precompetitive pulsion, composites, and other technologies similation techniques, systems architecture aerospace technologies for which there is not that enable significant increases in energy integration, and computational efficiencies; yet a profit rationale is a fundamental role efficiency and reduced life-cycle emissions in and of NASA; the aviation system while reducing noise and (3) meets basic end-user requirements for (2) large-scale piloted flight test experi- emissions. running on public computers and networks mentation and validation are necessary for— (C) A series of large-scale X-plane dem- located outside of secure Administration in- (A) transitioning new technologies and ma- onstrators that are— formation and technology systems. terials, including associated manufacturing (i) developed sequentially or in parallel; and (c) HOSTING.—The program under sub- processes, for general aviation, commercial (ii) each based on a set of new configura- section (b) shall use, as appropriate and cost- aviation, and military aeronautics use; and tion concepts or technologies determined by effective, innovative strategies and methods (B) capturing the full extent of benefits the Administrator to demonstrate— for hosting and management of part or all of from investments made by the Aeronautics (I) aircraft and propulsion concepts and the program, including cloud-based com- Research Mission Directorate in priority technologies and related advances in alter- puting capabilities. programs called for in— native propulsion and energy; and (d) RULE OF CONSTRUCTION.—Nothing in (i) the National Aeronautics Research and (II) flight propulsion concepts and tech- this section shall be interpreted to require Development Plan issued by the National nologies. the Administrator to release classified, pro- Science and Technology Council in February (2) ELEMENTS.—For each project under prietary, or otherwise restricted information 2010; paragraph (1), the Administrator shall— that would be harmful to the national secu- (ii) the NASA 2014 Strategic Plan; (A) include the development of X-planes rity of the United States. (iii) the Aeronautics Strategic Implemen- tation Plan; and and all necessary supporting flight test as- SEC. 313. SENSE OF CONGRESS ON SMALL SAT- sets; ELLITE SCIENCE. (iv) any updates to the programs called for in the plans described in clauses (i) through (B) pursue a robust technology maturation It is the sense of Congress that— and flight test validation effort; (1) small satellites— (iii); (3) a level of funding that adequately sup- (C) improve necessary facilities, flight (A) are increasingly robust, effective, and testing capabilities, and computational tools affordable platforms for carrying out space ports large-scale piloted flight test experi- mentation and validation, including related to support the project; science missions; (D) award any primary contracts for de- (B) can work in tandem with or augment infrastructure, should be ensured over a sus- tained period of time to restore the capacity sign, procurement, and manufacturing to larger NASA spacecraft to support high-pri- United States persons, consistent with inter- ority science missions of NASA; and of NASA— (A) to see legacy priority programs national obligations and commitments; (C) are cost effective solutions that may through to completion; and (E) coordinate research and flight test allow NASA to continue collecting legacy (B) to achieve national economic and secu- demonstration activities with other Federal observations while developing next-genera- rity objectives; and agencies and the United States aviation tion science missions; and (4) NASA should not be directly involved in community, as the Administrator considers (2) NASA should continue to support small the Type Certification of aircraft for current appropriate; and satellite research, development, tech- and future scheduled commercial air service (F) ensure that the project is aligned with nologies, and programs, including tech- under part 121 or 135 of title 14, Code of Fed- the Aeronautics Strategic Implementation nologies for compact and lightweight instru- eral Regulations, that would result in reduc- Plan and any updates to the Aeronautics mentation for small satellites. tions in crew augmentation or single pilot or Strategic Implementation Plan. SEC. 314. SENSE OF CONGRESS ON COMMERCIAL autonomously operated aircraft. (3) UNITED STATES PERSON DEFINED.—In this SPACE SERVICES. (b) STATEMENT OF POLICY.—It is the policy subsection, the term ‘‘United States person’’ It is the sense of Congress that— of the United States— means— (1) the Administration should explore part- (1) to maintain world leadership in— (A) a United States citizen or an alien law- nerships with the commercial space industry (A) military and civilian aeronautical fully admitted for permanent residence to for space science missions in and beyond science and technology; the United States; or Earth orbit, including partnerships relating (B) global air power projection; and (B) an entity organized under the laws of to payload and instrument hosting and com- (C) aerospace industrialization; and the United States or of any jurisdiction mercially available datasets; and (2) to maintain as a fundamental objective within the United States, including a foreign (2) such partnerships could result in in- of NASA aeronautics research the steady branch of such an entity. creased mission cadence, technology ad- progression and expansion of flight research (d) ADVANCED MATERIALS AND MANUFAC- vancement, and cost savings for the Admin- and capabilities, including the science and TURING TECHNOLOGY PROGRAM.— istration. technology of critical underlying disciplines (1) IN GENERAL.—The Administrator may SEC. 315. PROCEDURES FOR IDENTIFYING AND and competencies, such as— establish an advanced materials and manu- ADDRESSING ALLEGED VIOLATIONS (A) computational-based analytical and facturing technology program— OF SCIENTIFIC INTEGRITY POLICY. predictive tools and methodologies; (A) to develop— Not later than 180 days after the date of (B) aerothermodynamics; (i) new materials, including composite and the enactment of this Act, the Adminis- (C) propulsion; high-temperature materials, from base mate- trator shall develop and document proce- (D) advanced materials and manufacturing rial formulation through full-scale struc- dures for identifying and addressing alleged processes; tural validation and manufacture; violations of the scientific integrity policy (E) high-temperature structures and mate- (ii) advanced materials and manufacturing of NASA. rials; and processes, including additive manufacturing,

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7674 CONGRESSIONAL RECORD — SENATE December 18, 2020 to reduce the cost of manufacturing scale-up (B) the integration of such systems into (4) NASA research efforts in hypersonic and certification for use in general aviation, the national airspace system. technology should complement research sup- commercial aviation, and military aero- SEC. 405. 21ST CENTURY AERONAUTICS CAPA- ported by the Department of Defense to the nautics; and BILITIES INITIATIVE. maximum extent practicable, since contribu- (iii) noninvasive or nondestructive tech- (a) IN GENERAL.—The Administrator may tions from both agencies working in partner- niques for testing or evaluating aviation and establish an initiative, to be known as the ship with universities and industry are nec- aeronautics structures, including for mate- ‘‘21st Century Aeronautics Capabilities Ini- essary to overcome key technical challenges; rials and manufacturing processes; tiative’’, within the Construction and Envi- (5) previous coordinated research programs (B) to reduce the time it takes to design, ronmental Compliance and Restoration Ac- between NASA and the Department of De- industrialize, and certify advanced materials count, to ensure that NASA possesses the in- fense enabled important progress on and manufacturing processes; frastructure and capabilities necessary to hypersonic technology; (C) to provide education and training op- conduct proposed flight demonstration (6) the commercial sector could provide portunities for the aerospace workforce; and projects across the range of NASA aero- flight platforms and other capabilities that (D) to address global cost and human cap- nautics interests. are able to host and support NASA ital competitiveness for United States aero- (b) ACTIVITIES.—In carrying out the 21st hypersonic technology research projects; and Century Aeronautics Capabilities Initiative, nautical industries and technological leader- (7) in carrying out hypersonic technology the Administrator may carry out the fol- ship in advanced materials and manufac- research projects, the Administrator lowing activities: turing technology. should— (1) Any investments the Administrator (2) ELEMENTS.—In carrying out a program (A) focus research and development efforts considers necessary to upgrade and create fa- under paragraph (1), the Administrator on high-speed propulsion systems, reusable cilities for civil and national security aero- shall— vehicle technologies, high-temperature ma- nautics research to support advancements (A) build on work that was carried out by in— terials, and systems analysis; the Advanced Composites Project of NASA; (A) long-term foundational science and (B) coordinate with the Department of De- (B) partner with the private and academic technology; fense to prevent duplication of efforts and of sectors, such as members of the Advanced (B) advanced aircraft systems; investments; Composites Consortium of NASA, the Joint (C) air traffic management systems; (C) include partnerships with universities Advanced Materials and Structures Center of (D) fuel efficiency; and industry to accomplish research goals; Excellence of the Federal Aviation Adminis- (E) electric propulsion technologies; and tration, the Manufacturing USA institutes of (F) system-wide safety assurance; (D) maximize public-private use of com- the Department of Commerce, and national (G) autonomous aviation; and mercially available platforms for hosting re- laboratories, as the Administrator considers (H) supersonic and hypersonic aircraft de- search and development flight projects. appropriate; sign and development. TITLE V—SPACE TECHNOLOGY (C) provide a structure for managing intel- (2) Any measures the Administrator con- SEC. 501. SPACE TECHNOLOGY MISSION DIREC- lectual property generated by the program siders necessary to support flight testing ac- TORATE. based on or consistent with the structure es- tivities, including— (a) SENSE OF CONGRESS.—It is the sense of tablished for the Advanced Composites Con- (A) continuous refinement and develop- Congress that an independent Space Tech- sortium of NASA; ment of free-flight test techniques and meth- nology Mission Directorate is critical to en- (D) ensure adequate Federal cost share for odologies; suring continued investments in the develop- applicable research; and (B) upgrades and improvements to real- ment of technologies for missions across the (E) coordinate with advanced manufac- time tracking and data acquisition; and portfolio of NASA, including science, aero- turing and composites initiatives in other (C) such other measures relating to aero- nautics, and human exploration. mission directorates of NASA, as the Admin- nautics research support and modernization (b) SPACE TECHNOLOGY MISSION DIREC- istrator considers appropriate. as the Administrator considers appropriate TORATE.—The Administrator shall maintain (e) RESEARCH PARTNERSHIPS.—In carrying to carry out the scientific study of the prob- a Space Technology Mission Directorate con- out the projects under subsection (c) and a lems of flight, with a view to practical solu- sistent with section 702 of the National Aero- program under subsection (d), the Adminis- tions for such problems. nautics and Space Administration Transi- trator may engage in cooperative research SEC. 406. SENSE OF CONGRESS ON ON-DEMAND tion Authorization Act of 2017 (51 U.S.C. programs with— AIR TRANSPORTATION. 20301 note). (1) academia; and It is the sense of Congress that— SEC. 502. FLIGHT OPPORTUNITIES PROGRAM. (2) commercial aviation and aerospace (1) greater use of high-speed air transpor- (a) SENSE OF CONGRESS.—It is the sense of manufacturers. tation, small airports, helipads, vertical Congress that the Administrator should pro- SEC. 404. UNMANNED AIRCRAFT SYSTEMS. flight infrastructure, and other aviation-re- vide flight opportunities for payloads to (a) UNMANNED AIRCRAFT SYSTEMS OPER- lated infrastructure can alleviate surface microgravity environments and suborbital ATION PROGRAM.—The Administrator shall— transportation congestion and support eco- altitudes as required by section 907(c) of the (1) research and test capabilities and con- nomic growth within cities; National Aeronautics and Space Administra- cepts, including unmanned aircraft systems (2) with respect to urban air mobility and tion Authorization Act of 2010 (42 U.S.C. communications, for integrating unmanned related concepts, NASA should continue— 18405(c)), as amended by subsection (b). aircraft systems into the national airspace (A) to conduct research focused on con- (b) ESTABLISHMENT.—Section 907(c) of the system; cepts, technologies, and design tools; and National Aeronautics and Space Administra- (2) leverage the partnership NASA has with (B) to support the evaluation of advanced tion Authorization Act of 2010 (42 U.S.C. industry focused on the advancement of technologies and operational concepts that 18405(c)) is amended to read as follows: technologies for future air traffic manage- can be leveraged by— ‘‘(c) ESTABLISHMENT.— ment systems for unmanned aircraft sys- (i) industry to develop future vehicles and ‘‘(1) IN GENERAL.—The Administrator shall tems; and systems; and establish a Commercial Reusable Suborbital (3) continue to align the research and test- (ii) the Federal Aviation Administration to Research Program within the Space Tech- ing portfolio of NASA to inform the integra- support vehicle safety and operational cer- nology Mission Directorate to fund— tion of unmanned aircraft systems into the tification; and ‘‘(A) the development of payloads for sci- national airspace system, consistent with (3) NASA should leverage ongoing efforts entific research, technology development, public safety and national security objec- to develop advanced technologies to actively and education; tives. support the research needed for on-demand ‘‘(B) flight opportunities for those payloads (b) SENSE OF CONGRESS ON COORDINATION air transportation. to microgravity environments and suborbital WITH FEDERAL AVIATION ADMINISTRATION.—It SEC. 407. SENSE OF CONGRESS ON HYPERSONIC altitudes; and is the sense of Congress that— TECHNOLOGY RESEARCH. ‘‘(C) transition of those payloads to orbital (1) NASA should continue— It is the sense of Congress that— opportunities. (A) to coordinate with the Federal Avia- (1) hypersonic technology is critical to the ‘‘(2) COMMERCIAL REUSABLE VEHICLE tion Administration on research on air traf- development of advanced high-speed aero- FLIGHTS.—In carrying out the Commercial fic management systems for unmanned air- space vehicles for both civilian and national Reusable Suborbital Research Program, the craft systems; and security purposes; Administrator may fund engineering and in- (B) to assist the Federal Aviation Adminis- (2) for hypersonic vehicles to be realized, tegration demonstrations, proofs of concept, tration in the integration of air traffic man- research is needed to overcome technical and educational experiments for flights of agement systems for unmanned aircraft sys- challenges, including in propulsion, ad- commercial reusable vehicles. tems into the national airspace system; and vanced materials, and flight performance in ‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI- (2) the test ranges (as defined in section a severe environment; CLES.—In carrying out the Commercial Reus- 44801 of title 49, United States Code) should (3) NASA plays a critical role in supporting able Suborbital Research Program, the Ad- continue to be leveraged for research on— fundamental hypersonic research focused on ministrator may not fund the development (A) air traffic management systems for un- system design, analysis and validation, and of new commercial suborbital launch vehi- manned aircraft systems; and propulsion technologies; cles.

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‘‘(4) WORKING WITH MISSION DIREC- (c) TECHNOLOGY DEMONSTRATION.—The Ad- (2) quantum encryption technology has TORATES.—In carrying out the Commercial ministrator may use low-Earth orbit and cis- promising implications for the security of Reusable Suborbital Research Program, the lunar missions, including missions to the the satellite and terrestrial communications Administrator shall work with the mission lunar surface, to demonstrate technologies networks of the United States, including op- directorates of NASA to achieve the re- for Mars. tical communications networks, and further search, technology, and education goals of SEC. 506. PRIORITIZATION OF LOW-ENRICHED research and development by NASA with re- NASA.’’. URANIUM TECHNOLOGY. spect to quantum encryption is essential to (c) CONFORMING AMENDMENT.—Section (a) SENSE OF CONGRESS.—It is the sense of maintaining the security of the United 907(b) of the National Aeronautics and Space Congress that— States and United States leadership in space; Administration Authorization Act of 2010 (42 (1) space technology, including nuclear and U.S.C. 18405(b)) is amended, in the first sen- propulsion technology and space surface (3) in order to provide NASA with more se- tence, by striking ‘‘Commercial Reusable power reactors, should be developed in a cure and reliable space-based communica- Suborbital Research Program in’’ and insert- manner consistent with broader United tions, the Space Communications and Navi- ing ‘‘Commercial Reusable Suborbital Re- States foreign policy, national defense, and gation program office of NASA should con- search Program established under subsection space exploration and commercialization pri- tinue— (c)(1) within’’. orities; (A) to support research on and develop- SEC. 503. SMALL SPACECRAFT TECHNOLOGY (2) highly enriched uranium presents secu- ment of optical communications; and PROGRAM. rity and nuclear nonproliferation concerns; (B) to develop quantum encryption capa- (a) SENSE OF CONGRESS.—It is the sense of (3) since 1977, based on the concerns associ- bilities, especially as those capabilities Congress that the Small Spacecraft Tech- ated with highly enriched uranium, the apply to optical communications networks. nology Program is important for conducting United States has promoted the use of low- SEC. 508. LUNAR SURFACE TECHNOLOGIES. science and technology validation for— enriched uranium over highly enriched ura- (a) SENSE OF CONGRESS.—It is the sense of (1) short- and long-duration missions in nium in nonmilitary contexts, including re- Congress that the Administrator should— low-Earth orbit; search and commercial applications; (1) identify and develop the technologies (2) deep space missions; and (4) as part of United States efforts to limit needed to live on and explore the lunar sur- (3) deorbiting capabilities designed specifi- international use of highly enriched ura- face and prepare for future operations on cally for smaller spacecraft. nium, the United States has actively pur- Mars; (b) ACCOMMODATION OF CERTAIN PAY- sued— (2) convene teams of experts from aca- LOADS.—In carrying out the Small Space- (A) since 1978, the conversion of domestic demia, industry, and government to shape craft Technology Program, the Adminis- and foreign research reactors that use highly the technology development priorities of the trator shall, as the mission risk posture and enriched uranium fuel to low-enriched ura- Administration for lunar surface exploration technology development objectives allow, ac- nium fuel and the avoidance of any new re- and habitation; and commodate science payloads that further the search reactors that use highly enriched ura- (3) establish partnerships with researchers, goal of long-term human exploration to the nium fuel; and Moon and Mars. universities, and the private sector to rap- (B) since 1994, the elimination of inter- idly develop and deploy technologies re- SEC. 504. NUCLEAR PROPULSION TECHNOLOGY. national commerce in highly enriched ura- quired for successful lunar surface explo- (a) SENSE OF CONGRESS.—It is the sense of nium for civilian purposes; and ration. Congress that nuclear propulsion is critical (5) the use of low-enriched uranium in (b) DEVELOPMENT AND DEMONSTRATION.— to the development of advanced spacecraft place of highly enriched uranium has secu- The Administrator shall carry out a pro- for civilian and national defense purposes. rity, nonproliferation, and economic bene- gram, within the Space Technology Mission (b) DEVELOPMENT; STUDIES.—The Adminis- fits, including for the national space pro- trator shall, in coordination with the Sec- Directorate, to conduct technology develop- gram. ment and demonstrations to enable human retary of Energy and the Secretary of De- (b) PRIORITIZATION OF LOW-ENRICHED URA- fense— and robotic exploration on the lunar surface. NIUM TECHNOLOGY.—The Administrator (c) RESEARCH CONSORTIUM.—The Adminis- (1) continue to develop the fuel element de- shall— trator shall establish a consortium con- sign for NASA nuclear propulsion tech- (1) establish, within the Space Technology sisting of experts from academia, industry, nology; Mission Directorate, a program for the re- and government— (2) undertake the systems feasibility stud- search, testing, and development of in-space (1) to assist the Administrator in devel- ies for such technology; and reactor designs, including a surface power re- oping a cohesive, executable strategy for the (3) partner with members of commercial actor, that uses low-enriched uranium fuel; development and deployment of technologies industry to conduct studies on such tech- and required for successful lunar surface explo- nology. (2) prioritize the research, demonstration, ration; and (c) NUCLEAR PROPULSION TECHNOLOGY DEM- and deployment of such designs over designs (2) to identify specific technologies relat- ONSTRATION.— using highly enriched uranium fuel. ing to lunar surface exploration that— (1) DETERMINATION; REPORT.—Not later (c) REPORT ON NUCLEAR TECHNOLOGY (A) should be developed to facilitate such than December 31, 2021, the Administrator PRIORITIZATION.—Not later than 120 days shall— exploration; or after the date of the enactment of this Act, (B) require future research and develop- (A) determine the correct approach for the Administrator shall submit to the appro- conducting a flight demonstration of nuclear ment. priate committees of Congress a report (d) RESEARCH AWARDS.— propulsion technology; and that— (1) IN GENERAL.—The Administrator may (B) submit to Congress a report on a plan (1) details the actions taken to implement task any member of the research consortium for such a demonstration. subsection (b); and established under subsection (c) with con- (2) DEMONSTRATION.—Not later than De- (2) identifies a plan and timeline under ducting research and development with re- cember 31, 2026, the Administrator shall con- which such subsection will be implemented. spect to a technology identified under para- duct the flight demonstration described in (d) DEFINITIONS.—In this section: graph (2) of that subsection. paragraph (1). (1) HIGHLY ENRICHED URANIUM.—The term (2) STANDARD PROCESS FOR ARRANGE- SEC. 505. MARS-FORWARD TECHNOLOGIES. ‘‘highly enriched uranium’’ means uranium MENTS.— (a) SENSE OF CONGRESS.—It is the sense of having an assay of 20 percent or greater of (A) IN GENERAL.—The Administrator shall Congress that the Administrator should pur- the uranium-235 isotope. develop a standard process by which a con- sue multiple technical paths for entry, de- (2) LOW-ENRICHED URANIUM.—The term sortium member tasked with research and scent, and landing for Mars, including com- ‘‘low-enriched uranium’’ means uranium development under paragraph (1) may enter petitively selected technology demonstra- having an assay greater than the assay for into a formal arrangement with the Admin- tion missions. natural uranium but less than 20 percent of istrator to carry out such research and de- (b) PRIORITIZATION OF LONG-LEAD TECH- the uranium-235 isotope. velopment, such as an arrangement under NOLOGIES AND SYSTEMS.—The Administrator SEC. 507. SENSE OF CONGRESS ON NEXT-GENERA- section 702 or 703. shall prioritize, within the Space Technology TION COMMUNICATIONS TECH- (B) REPORT.—Not later than 120 days after Mission Directorate, research, testing, and NOLOGY. development of long-lead technologies and It is the sense of Congress that— the date of the enactment of this Act, the systems for Mars, including technologies and (1) optical communications technologies— Administrator shall submit to the appro- systems relating to— (A) will be critical to the development of priate committees of Congress a report on (1) entry, descent, and landing; and next-generation space-based communica- the one or more types of arrangement the (2) in-space propulsion, including nuclear tions networks; Administrator intends to enter into under propulsion, cryogenic fluid management, in- (B) have the potential to allow NASA to this subsection. situ large-scale additive manufacturing, and expand the volume of data transmissions in TITLE VI—STEM ENGAGEMENT electric propulsion (including solar electric low-Earth orbit and deep space; and SEC. 601. SENSE OF CONGRESS. propulsion leveraging lessons learned from (C) may provide more secure and cost-ef- It is the sense of Congress that— the power and propulsion element of the fective solutions than current radio fre- (1) NASA serves as a source of inspiration lunar outpost) options. quency communications systems; to the people of the United States; and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7676 CONGRESSIONAL RECORD — SENATE December 18, 2020 (2) NASA is uniquely positioned to help in- sembly, and testing of NASA-funded space ‘‘(C) student internships with industry or crease student interest in science, tech- and aeronautical systems, as the Adminis- university researchers or at centers of the nology, engineering, and math; trator considers appropriate. Administration; (3) engaging students, and providing hands- (2) CONSIDERATIONS.—In developing the ‘‘(D) faculty and curriculum development on experience at an early age, in science, program and policies under paragraph (1), initiatives; technology, engineering, and math are im- the Administrator shall take into consider- ‘‘(E) university-based research initiatives portant aspects of ensuring and promoting ation factors such as workplace safety, mis- relating to the Administration and the United States leadership in innovation; and sion needs, and the protection of sensitive STEM workforce needs of each State; or (4) NASA should strive to leverage its and proprietary technologies. ‘‘(F) STEM engagement programs for kin- unique position— SEC. 604. NATIONAL SPACE GRANT COLLEGE AND dergarten through grade 12 teachers and stu- (A) to increase kindergarten through grade FELLOWSHIP PROGRAM. dents. 12 involvement in NASA projects; (a) PURPOSES.—Section 40301 of title 51, ‘‘(2) PROGRAM PRIORITIES.—In carrying out (B) to enhance higher education in STEM United States Code, is amended— the objective described in paragraph (1), the fields in the United States; (1) in paragraph (3)— Administrator shall ensure that each pro- (C) to support individuals who are under- (A) in subparagraph (B), by striking ‘‘and’’ gram carried out by a space grant consor- represented in science, technology, engineer- at the end; tium under the national space grant college ing, and math fields, such as women, minori- (B) in subparagraph (C), by adding ‘‘and’’ and fellowship program balances the fol- ties, and individuals in rural areas; and after the semicolon at the end; and lowing priorities: (D) to provide flight opportunities for stu- (C) by adding at the end the following: ‘‘(A) The space and aeronautics research dent experiments and investigations. ‘‘(D) promote equally the State and re- needs of the Administration, including the gional STEM interests of each space grant SEC. 602. STEM EDUCATION ENGAGEMENT AC- mission directorates. TIVITIES. consortium;’’; and ‘‘(B) The need to develop a national STEM (2) in paragraph (4), by striking ‘‘made up (a) IN GENERAL.—The Administrator shall workforce. of university and industry members, in order continue to provide opportunities for formal ‘‘(C) The STEM workforce needs of the to advance’’ and inserting ‘‘comprised of and informal STEM education engagement State. members of universities in each State and activities within the Office of NASA STEM ‘‘(c) PROGRAM ADMINISTERED THROUGH other entities, such as 2-year colleges, indus- Engagement and other NASA directorates, SPACE GRANT CONSORTIA.—The Adminis- tries, science learning centers, museums, and including— trator shall carry out the national space government entities, to advance’’. (1) the Established Program to Stimulate grant college and fellowship program (b) DEFINITIONS.—Section 40302 of title 51, through the space grant consortia. Competitive Research; United States Code, is amended— ‘‘(d) SUSPENSION; TERMINATION; NEW COM- (2) the Minority University Research and (1) by striking paragraph (3); PETITION.— Education Project; and (2) by inserting after paragraph (2) the fol- (3) the National Space Grant College and ‘‘(1) SUSPENSION.—The Administrator may, lowing: for cause and after an opportunity for hear- Fellowship Program. ‘‘(3) LEAD INSTITUTION.—The term ‘lead in- (b) LEVERAGING NASA NATIONAL PROGRAMS ing, suspend a lead institution that was des- stitution’ means an entity in a State that— ignated by the Administrator under section TO PROMOTE STEM EDUCATION.—The Admin- ‘‘(A) was designated by the Administrator istrator, in partnership with museums, non- 40306, as in effect on the day before the date under section 40306, as in effect on the day of the enactment of the National Aero- profit organizations, and commercial enti- before the date of the enactment of the Na- ties, shall, to the maximum extent prac- nautics and Space Administration Author- tional Aeronautics and Space Administra- ization Act of 2020. ticable, leverage human spaceflight mis- tion Authorization Act of 2020; or sions, Deep Space Exploration Systems (in- ‘‘(2) TERMINATION.—If the issue resulting in ‘‘(B) is designated by the Administrator a suspension under paragraph (1) is not re- cluding the Space Launch System, Orion, under section 40303(d)(3).’’; and Exploration Ground Systems), and solved within a period determined by the Ad- (3) in paragraph (4), by striking ‘‘space ministrator, the Administrator may termi- NASA science programs to engage students grant college, space grant regional consor- at the kindergarten through grade 12 and nate the designation of the entity as a lead tium, institution of higher education,’’ and institution. higher education levels to pursue learning inserting ‘‘lead institution, space grant con- and career opportunities in STEM fields. ‘‘(3) NEW COMPETITION.—If the Adminis- sortium,’’; trator terminates the designation of an enti- (c) BRIEFING.—Not later than 1 year after (4) by striking paragraphs (6), (7), and (8); the date of the enactment of this Act, the ty as a lead institution, the Administrator (5) by inserting after paragraph (5) the fol- may initiate a new competition in the appli- Administrator shall brief the appropriate lowing: committees of Congress on— cable State for the designation of a lead in- ‘‘(6) SPACE GRANT CONSORTIUM.—The term stitution.’’. (1) the status of the programs described in ‘space grant consortium’ means a State-wide (d) GRANTS.—Section 40304 of title 51, subsection (a); and group, led by a lead institution, that has es- (2) the manner by which each NASA STEM United States Code, is amended to read as tablished partnerships with other academic follows: education engagement activity is organized institutions, industries, science learning and funded. centers, museums, and government entities ‘‘§ 40304. Grants (d) STEM EDUCATION DEFINED.—In this sec- to promote a strong educational base in the ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM tion, the term ‘‘STEM education’’ has the space and aeronautical sciences.’’; DEFINED.—In this section, the term ‘eligible meaning given the term in section 2 of the (6) by redesignating paragraph (9) as para- space grant consortium’ means a space grant STEM Education Act of 2015 (Public Law 114– graph (7); consortium that the Administrator has de- 59; 42 U.S.C. 6621 note). (7) in paragraph (7)(B), as so redesignated, termined— SEC. 603. SKILLED TECHNICAL EDUCATION OUT- by inserting ‘‘and aeronautics’’ after ‘‘(1) has the capability and objective to REACH PROGRAM. ‘‘space’’; carry out not fewer than 3 of the 6 programs (a) ESTABLISHMENT.—The Administrator (8) by striking paragraph (10); and under section 40303(b)(1); shall establish a program to conduct out- (9) by adding at the end the following: ‘‘(2) will carry out programs that balance reach to secondary school students— ‘‘(8) STEM.—The term ‘STEM’ means the priorities described in section 40303(b)(2); (1) to expose students to careers that re- science, technology, engineering, and mathe- and quire career and technical education; and matics.’’. ‘‘(3) is engaged in research, training, and (2) to encourage students to pursue careers (c) PROGRAM OBJECTIVE.—Section 40303 of education relating to space and aeronautics. that require career and technical education. title 51, United States Code, is amended— ‘‘(b) GRANTS.— (b) OUTREACH PLAN.—Not later than 180 (1) by striking subsections (d) and (e); ‘‘(1) IN GENERAL.—The Administrator shall days after the date of the enactment of this (2) by redesignating subsection (c) as sub- award grants to the lead institutions of eligi- Act, the Administrator shall submit to the section (e); and ble space grant consortia to carry out the appropriate committees of Congress a report (3) by striking subsection (b) and inserting programs under section 40303(b)(1). on the outreach program under subsection the following: ‘‘(2) REQUEST FOR PROPOSALS.— (a) that includes— ‘‘(b) PROGRAM OBJECTIVE.— ‘‘(A) IN GENERAL.—On the expiration of ex- (1) an implementation plan; ‘‘(1) IN GENERAL.—The Administrator shall isting cooperative agreements between the (2) a description of the resources needed to carry out the national space grant college Administration and the space grant con- carry out the program; and and fellowship program with the objective of sortia, the Administrator shall issue a re- (3) any recommendations on expanding providing hands-on research, training, and quest for proposals from space grant con- outreach to secondary school students inter- education programs with measurable out- sortia for the award of grants under this sec- ested in skilled technical occupations. comes in each State, including programs to tion. (c) SYSTEMS OBSERVATION.— provide— ‘‘(B) APPLICATIONS.—A lead institution of a (1) IN GENERAL.—The Administrator shall ‘‘(A) internships, fellowships, and scholar- space grant consortium that seeks a grant develop a program and associated policies to ships; under this section shall submit, on behalf of allow students from accredited educational ‘‘(B) interdisciplinary hands-on mission such space grant consortium, an application institutions to view the manufacturing, as- programs and design projects; to the Administrator at such time, in such

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7677 manner, and accompanied by such informa- Administrator shall by regulation prescribe (2) use such a consortium to fund technical tion as the Administrator may require. as being necessary and appropriate to facili- analyses and other engineering support to ‘‘(3) GRANT AWARDS.—The Administrator tate effective audit and evaluation, includ- address the acquisition, technical, and oper- shall award 1 or more 5-year grants, dis- ing records that fully disclose the amount ational needs of NASA centers; and bursed in annual installments, to the lead in- and disposition by a recipient of such pro- (3) ensure such a consortium— stitution of the eligible space grant consor- ceeds, the total cost of the program or (A) is held accountable for the technical tium of— project in connection with which such pro- quality of the work product developed under ‘‘(A) each State; ceeds were used, and the amount, if any, of this section; and ‘‘(B) the District of Columbia; and such cost that was provided through other (B) convenes disparate groups to facilitate ‘‘(C) the Commonwealth of Puerto Rico. sources. public-private partnerships. ‘‘(4) USE OF FUNDS.—A grant awarded under ‘‘(B) MAINTENANCE OF RECORDS.—Records (b) POLICIES AND PROCEDURES.—The Admin- this section shall be used by an eligible space under subparagraph (A) shall be maintained istrator shall develop and implement policies grant consortium to carry out not fewer for not less than 3 years after the date of and procedures to govern, with respect to the than 3 of the 6 programs under section completion of such a program or project. establishment of a consortium under sub- 40303(b)(1). ‘‘(C) ACCESS.—For the purpose of audit and section (a)— ‘‘(c) ALLOCATION OF FUNDING.— evaluation, the Administrator and the Comp- (1) the selection of participants; ‘‘(1) PROGRAM IMPLEMENTATION.— troller General of the United States shall (2) the award of cooperative agreements or ‘‘(A) IN GENERAL.—To carry out the objec- have access to any books, documents, papers, other contracts; tive described in section 40303(b)(1), of the and records of receipts relating to a grant (3) the appropriate use of competitive funds made available each fiscal year for the under this section, as determined by the Ad- awards and sole source awards; and national space grant college and fellowship ministrator or Comptroller General.’’. (4) technical capabilities required. program, the Administrator shall allocate (e) PROGRAM STREAMLINING.—Title 51, (c) ELIGIBILITY.—The following entities not less than 85 percent as follows: United States Code, is amended— shall be eligible to participate in a consor- ‘‘(i) The 52 eligible space grant consortia (1) by striking sections 40305 through 40308, tium established under subsection (a): shall each receive an equal share. 40310, and 40311; and (1) An institution of higher education (as ‘‘(ii) The territories of Guam and the (2) by redesignating section 40309 as section defined in section 102 of the Higher Edu- United States Virgin Islands shall each re- 40305. cation Act of 1965 (20 U.S.C. 1002)). ceive funds equal to approximately 1⁄5 of the (f) CONFORMING AMENDMENT.—The table of (2) An operator of a federally funded re- share for each eligible space grant consortia. sections at the beginning of chapter 403 of search and development center. ‘‘(B) MATCHING REQUIREMENT.—Each eligi- title 51, United States Code, is amended by (3) A nonprofit or not-for-profit research ble space grant consortium shall match the striking the items relating to sections 40304 institution. funds allocated under subparagraph (A)(i) on through 40311 and inserting the following: (4) A consortium composed of— a basis of not less than 1 non-Federal dollar ‘‘40304. Grants. (A) an entity described in paragraph (1), for every 1 Federal dollar, except that any ‘‘40305. Availability of other Federal per- (2), or (3); and program funded under paragraph (3) or any sonnel and data.’’. (B) one or more for-profit entities. program to carry out 1 or more internships TITLE VII—WORKFORCE AND INDUSTRIAL SEC. 703. EXPEDITED ACCESS TO TECHNICAL or fellowships shall not be subject to that BASE TALENT AND EXPERTISE. matching requirement. SEC. 701. APPOINTMENT AND COMPENSATION (a) IN GENERAL.—The Administrator may— ‘‘(2) PROGRAM ADMINISTRATION.— PILOT PROGRAM. (1) establish one or more multi-institution ‘‘(A) IN GENERAL.—Of the funds made avail- (a) DEFINITION OF COVERED PROVISIONS.—In task order contracts, consortia, cooperative able each fiscal year for the national space this section, the term ‘‘covered provisions’’ agreements, or other arrangements to facili- grant college and fellowship program, the means the provisions of title 5, United States tate expedited access to eligible entities in Administrator shall allocate not more than Code, other than— support of NASA missions; and 10 percent for the administration of the pro- (1) section 2301 of that title; (2) use such a multi-institution task order gram. (2) section 2302 of that title; contract, consortium, cooperative agree- ‘‘(B) COSTS COVERED.—The funds allocated (3) chapter 71 of that title; ment, or other arrangement to fund tech- under subparagraph (A) shall cover all costs (4) section 7204 of that title; and nical analyses and other engineering support of the Administration associated with the (5) chapter 73 of that title. to address the acquisition, technical, and administration of the national space grant (b) ESTABLISHMENT.—There is established a operational needs of NASA centers. college and fellowship program, including— 3-year pilot program under which, notwith- (b) CONSULTATION WITH OTHER NASA-AF- ‘‘(i) direct costs of the program, including standing section 20113 of title 51, United FILIATED ENTITIES.—To ensure access to costs relating to support services and civil States Code, the Administrator may, with technical expertise and reduce costs and du- service salaries and benefits; respect to not more than 3,000 designated plicative efforts, a multi-institution task ‘‘(ii) indirect general and administrative personnel— order contract, consortium, cooperative costs of centers and facilities of the Admin- (1) appoint and manage such designated agreement, or any other arrangement estab- istration; and personnel of the Administration, without re- lished under subsection (a)(1) shall, to the ‘‘(iii) indirect general and administrative gard to the covered provisions; and maximum extent practicable, be carried out costs of the Administration headquarters. (2) fix the compensation of such designated in consultation with other NASA-affiliated ‘‘(3) SPECIAL PROGRAMS.—Of the funds made personnel of the Administration, without re- entities, including federally funded research available each fiscal year for the national gard to chapter 51 and subchapter III of and development centers, university-affili- space grant college and fellowship program, chapter 53 of title 5, United States Code, at ated research centers, and NASA labora- the Administrator shall allocate not more a rate that does not exceed the per annum tories and test centers. than 5 percent to the lead institutions of rate of salary of the Vice President of the (c) POLICIES AND PROCEDURES.—The Admin- space grant consortia established as of the United States under section 104 of title 3, istrator shall develop and implement policies date of the enactment of the National Aero- United States Code. and procedures to govern, with respect to the nautics and Space Administration Author- (c) ADMINISTRATOR RESPONSIBILITIES.—In establishment of a multi-institution task ization Act of 2020 for grants to carry out in- carrying out the pilot program established order contract, consortium, cooperative novative approaches and programs to further under subsection (b), the Administrator shall agreement, or any other arrangement under science and education relating to the mis- ensure that the pilot program— subsection (a)(1)— sions of the Administration and STEM dis- (1) uses— (1) the selection of participants; ciplines. (A) state-of-the-art recruitment tech- (2) the award of task orders; ‘‘(d) TERMS AND CONDITIONS.— niques; (3) the maximum award size for a task; ‘‘(1) LIMITATIONS.—Amounts made avail- (B) simplified classification methods with (4) the appropriate use of competitive able through a grant under this section may respect to personnel of the Administration; awards and sole source awards; and not be applied to— and (5) technical capabilities required. ‘‘(A) the purchase of land; (C) broad banding; and (d) ELIGIBLE ENTITY DEFINED.—In this sec- ‘‘(B) the purchase, construction, preserva- (2) offers— tion, the term ‘‘eligible entity’’ means— tion, or repair of a building; or (A) competitive compensation; and (1) an institution of higher education (as ‘‘(C) the purchase or construction of a (B) the opportunity for career mobility. defined in section 102 of the Higher Edu- launch facility or launch vehicle. SEC. 702. ESTABLISHMENT OF MULTI-INSTITU- cation Act of 1965 (20 U.S.C. 1002)); ‘‘(2) LEASES.—Notwithstanding paragraph TION CONSORTIA. (2) an operator of a federally funded re- (1), land, buildings, launch facilities, and (a) IN GENERAL.—The Administrator, pur- search and development center; launch vehicles may be leased under a grant suant to section 2304(c)(3)(B) of title 10, (3) a nonprofit or not-for-profit research in- on written approval by the Administrator. United States Code, may— stitution; and ‘‘(3) RECORDS.— (1) establish one or more multi-institution (4) a consortium composed of— ‘‘(A) IN GENERAL.—Any person that re- consortia to facilitate access to essential en- (A) an entity described in paragraph (1), ceives or uses the proceeds of a grant under gineering, research, and development capa- (2), or (3); and this section shall keep such records as the bilities in support of NASA missions; (B) one or more for-profit entities.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7678 CONGRESSIONAL RECORD — SENATE December 18, 2020 SEC. 704. REPORT ON INDUSTRIAL BASE FOR service, may, pursuant to regulations pro- thorized to be appropriated to carry out this CIVIL SPACE MISSIONS AND OPER- mulgated under this subsection, apply and be subsection.’’. ATIONS. retired from the Administration and receive SEC. 706. CONFIDENTIALITY OF MEDICAL QUAL- (a) IN GENERAL.—Not later than 1 year benefits in accordance with subchapter III of ITY ASSURANCE RECORDS. after the date of the enactment of this Act, chapter 83 or 84 of title 5 if the employee has (a) IN GENERAL.—Chapter 313 of title 51, and from time to time thereafter, the Ad- been employed continuously within the Ad- United States Code, is amended by adding at ministrator shall submit to the appropriate ministration for more than 30 days before the end the following: committees of Congress a report on the the date on which the determination to con- ‘‘§ 31303. Confidentiality of medical quality United States industrial base for NASA civil duct a reduction or restructuring within 1 or assurance records space missions and operations. (b) ELEMENTS.—The report required by sub- more Administration centers is approved. ‘‘(a) IN GENERAL.—Except as provided in section (a) shall include the following: ‘‘(4) SEPARATION PAY.— subsection (b)(1)— (1) A comprehensive description of the cur- ‘‘(A) IN GENERAL.—Separation pay shall be ‘‘(1) a medical quality assurance record, or rent status of the United States industrial paid in a lump sum or in installments and any part of a medical quality assurance base for NASA civil space missions and oper- shall be equal to the lesser of— record, may not be subject to discovery or ations. ‘‘(i) an amount equal to the amount the admitted into evidence in a judicial or ad- (2) A description and assessment of the employee would be entitled to receive under ministrative proceeding; and weaknesses in the supply chain, skills, man- section 5595(c) of title 5, if the employee were ‘‘(2) an individual who reviews or creates a medical quality assurance record for the Ad- ufacturing capacity, raw materials, key entitled to payment under such section; or ministration, or participates in any pro- components, and other areas of the United ‘‘(ii) $40,000. ceeding that reviews or creates a medical States industrial base for NASA civil space ‘‘(B) LIMITATIONS.—Separation pay shall quality assurance record, may not testify in missions and operations that could adversely not be a basis for payment, and shall not be a judicial or administrative proceeding with impact such missions and operations if un- included in the computation, of any other respect to— available. type of Government benefit. Separation pay ‘‘(A) the medical quality assurance record; (3) A description and assessment of various shall not be taken into account for the pur- or mechanisms to address and mitigate the pose of determining the amount of any sever- ‘‘(B) any finding, recommendation, evalua- weaknesses described pursuant to paragraph ance pay to which an individual may be enti- tion, opinion, or action taken by such indi- (2). tled under section 5595 of title 5, based on any other separation. vidual or in accordance with such proceeding (4) A comprehensive list of the collabo- with respect to the medical quality assur- rative efforts, including future and proposed ‘‘(C) INSTALLMENTS.—Separation pay, if paid in installments, shall cease to be paid ance record. collaborative efforts, between NASA and the ‘‘(b) DISCLOSURE OF RECORDS.— upon the recipient’s acceptance of employ- Manufacturing USA institutes of the Depart- ‘‘(1) IN GENERAL.—Notwithstanding sub- ment by the Federal Government, or com- ment of Commerce. section (a), a medical quality assurance mencement of work under a personal serv- (5) An assessment of— record may be disclosed to— ices contract as described in paragraph (5). (A) the defense and aerospace manufac- ‘‘(A) a Federal agency or private entity, if ‘‘(5) LIMITATIONS ON REEMPLOYMENT.— turing supply chains relevant to NASA in the medical quality assurance record is nec- ‘‘(A) An employee who receives separation each region of the United States; and essary for the Federal agency or private en- pay under such program may not be reem- (B) the feasibility and benefits of estab- tity to carry out— lishing a supply chain center of excellence in ployed by the Administration for a 12-month ‘‘(i) licensing or accreditation functions re- a State in which NASA does not, as of the period beginning on the effective date of the lating to Administration healthcare facili- date of the enactment of this Act, have a re- employee’s separation, unless this prohibi- ties; or search center or test facility. tion is waived by the Administrator on a ‘‘(ii) monitoring of Administration (6) Such other matters relating to the case-by-case basis. healthcare facilities required by law; United States industrial base for NASA civil ‘‘(B) An employee who receives separation ‘‘(B) a Federal agency or healthcare pro- space missions and operations as the Admin- pay under this section on the basis of a sepa- vider, if the medical quality assurance istrator considers appropriate. ration and accepts employment with the record is required by the Federal agency or SEC. 705. SEPARATIONS AND RETIREMENT IN- Government of the United States, or who healthcare provider to enable Administra- CENTIVES. commences work through a personal services tion participation in a healthcare program of Section 20113 of title 51, United States contract with the United States within 5 the Federal agency or healthcare provider; Code, is amended by adding at the end the years after the date of the separation on ‘‘(C) a criminal or civil law enforcement following: which payment of the separation pay is agency, or an instrumentality authorized by ‘‘(o) PROVISIONS RELATED TO SEPARATION based, shall be required to repay the entire law to protect the public health or safety, on AND RETIREMENT INCENTIVES.— amount of the separation pay to the Admin- written request by a qualified representative ‘‘(1) DEFINITION.—In this subsection, the istration. If the employment is with an Exec- of such agency or instrumentality submitted term ‘employee’— utive agency (as defined by section 105 of to the Administrator that includes a descrip- ‘‘(A) means an employee of the Adminis- title 5) other than the Administration, the tion of the lawful purpose for which the med- tration serving under an appointment with- Administrator may, at the request of the ical quality assurance record is requested; out time limitation; and head of that agency, waive the repayment if ‘‘(D) an officer, an employee, or a con- ‘‘(B) does not include— the individual involved possesses unique tractor of the Administration who requires ‘‘(i) a reemployed annuitant under sub- abilities and is the only qualified applicant the medical quality assurance record to chapter III of chapter 83 or chapter 84 of title available for the position. If the employment carry out an official duty associated with 5 or any other retirement system for employ- is within the Administration, the Adminis- healthcare; ees of the Federal Government; trator may waive the repayment if the indi- ‘‘(E) healthcare personnel, to the extent ‘‘(ii) an employee having a disability on vidual involved is the only qualified appli- necessary to address a medical emergency the basis of which such employee is or would cant available for the position. If the em- affecting the health or safety of an indi- be eligible for disability retirement under ployment is with an entity in the legislative vidual; and any of the retirement systems referred to in branch, the head of the entity or the ap- ‘‘(F) any committee, panel, or board con- clause (i); or pointing official may waive the repayment if vened by the Administration to review the ‘‘(iii) for purposes of eligibility for separa- the individual involved possesses unique healthcare-related policies and practices of tion incentives under this subsection, an em- abilities and is the only qualified applicant the Administration. ployee who is in receipt of a decision notice available for the position. If the employment ‘‘(2) SUBSEQUENT DISCLOSURE PROHIBITED.— of involuntary separation for misconduct or is with the judicial branch, the Director of An individual or entity to whom a medical unacceptable performance. the Administrative Office of the United quality assurance record has been disclosed ‘‘(2) AUTHORITY.—The Administrator may States Courts may waive the repayment if under paragraph (1) may not make a subse- establish a program under which employees the individual involved possesses unique quent disclosure of the medical quality as- may be eligible for early retirement, offered abilities and is the only qualified applicant surance record. separation incentive pay to separate from available for the position. ‘‘(c) PERSONALLY IDENTIFIABLE INFORMA- service voluntarily, or both. This authority ‘‘(6) REGULATIONS.—Under the program es- TION.— may be used to reduce the number of per- tablished under paragraph (2), early retire- ‘‘(1) IN GENERAL.—Except as provided in sonnel employed or to restructure the work- ment and separation pay may be offered only paragraph (2), the personally identifiable in- force to meet mission objectives without re- pursuant to regulations established by the formation contained in a medical quality as- ducing the overall number of personnel. This Administrator, subject to such limitations surance record of a patient or an employee of authority is in addition to, and notwith- or conditions as the Administrator may re- the Administration, or any other individual standing, any other authorities established quire. associated with the Administration for pur- by law or regulation for such programs. ‘‘(7) USE OF EXISTING FUNDS.—The Adminis- poses of a medical quality assurance pro- ‘‘(3) EARLY RETIREMENT.—An employee who trator shall carry out this subsection using gram, shall be removed before the disclosure is at least 50 years of age and has completed amounts otherwise made available to the Ad- of the medical quality assurance record to an 20 years of service, or has at least 25 years of ministrator and no additional funds are au- entity other than the Administration.

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‘‘(2) EXCEPTION.— Personally identifiable ‘‘(A) the Administrator determines that SEC. 803. PROTECTION OF DATA AND INFORMA- information described in paragraph (1) may the inclusion of such supplies, support, or TION FROM PUBLIC DISCLOSURE. be released to an entity other than the Ad- services in such requirements— (a) CERTAIN TECHNICAL DATA.—Section ministration if the Administrator makes a ‘‘(i) is in the best interest of the Federal 20131 of title 51, United States Code, is determination that the release of such per- Government; amended— sonally identifiable information— ‘‘(ii) does not interfere with the require- (1) by redesignating subsection (c) as sub- ‘‘(A) is in the best interests of the Admin- ments of the Administration; and section (d); istration; and ‘‘(iii) does not compete with the commer- (2) in subsection (a)(3), by striking ‘‘sub- ‘‘(B) does not constitute an unwarranted cial space activities of other such entities; section (b)’’ and inserting ‘‘subsection (b) or (c)’’; invasion of personal privacy. and (3) by inserting after subsection (b) the fol- ‘‘(d) EXCLUSION FROM FOIA.—A medical ‘‘(B) the Administration has full reimburs- lowing: quality assurance record may not be made able funding from the entity that requested ‘‘(c) SPECIAL HANDLING OF CERTAIN TECH- available to any person under section 552 of supplies, support, and services prior to mak- NICAL DATA.— title 5, United States Code (commonly re- ing any obligation for the delivery of such ‘‘(1) IN GENERAL.—The Administrator may ferred to as the ‘Freedom of Information supplies, support, or services under an Ad- provide appropriate protections against the Act’), and this section shall be considered a ministration procurement contract or any public dissemination of certain technical statute described in subsection (b)(3)(B) of other agreement.’’. data, including exemption from subchapter such section 522. II of chapter 5 of title 5. ‘‘(e) REGULATIONS.—Not later than one SEC. 802. AUTHORITY FOR TRANSACTION PROTO- ‘‘(2) DEFINITIONS.—In this subsection: year after the date of the enactment of this TYPE PROJECTS AND FOLLOW-ON PRODUCTION CONTRACTS. ‘‘(A) CERTAIN TECHNICAL DATA.—The term section, the Administrator shall promulgate ‘certain technical data’ means technical regulations to implement this section. Section 20113 of title 51, United States data that may not be exported lawfully out- ULES OF CONSTRUCTION.—Nothing in ‘‘(f) R Code, as amended by section 801, is further side the United States without approval, au- this section shall be construed— amended by adding at the end the following: thorization, or license under— ‘‘(1) to withhold a medical quality assur- ‘‘(p) TRANSACTION PROTOTYPE PROJECTS ‘‘(i) the Export Control Reform Act of 2018 ance record from a committee of the Senate (Public Law 115–232; 132 Stat. 2208); or or House of Representatives or a joint com- AND FOLLOW-ON PRODUCTION CONTRACTS.— ‘‘(ii) the International Security Assistance mittee of Congress if the medical quality as- ‘‘(1) IN GENERAL.—The Administration may and Arms Export Control Act of 1976 (Public surance record relates to a matter within the enter into a transaction (other than a con- Law 94–329; 90 Stat. 729). jurisdiction of such committee or joint com- tract, cooperative agreement, or grant) to carry out a prototype project that is directly ‘‘(B) TECHNICAL DATA.—The term ‘technical mittee; or data’ means any blueprint, drawing, photo- ‘‘(2) to limit the use of a medical quality relevant to enhancing the mission effective- ness of the Administration. graph, plan, instruction, computer software, assurance record within the Administration, or documentation, or any other technical in- including the use by a contractor or consult- ‘‘(2) SUBSEQUENT AWARD OF FOLLOW-ON PRO- DUCTION CONTRACT.—A transaction entered formation.’’; ant of the Administration. (4) in subsection (d), as so redesignated, by ‘‘(g) DEFINITIONS.—In this section: into under this subsection for a prototype project may provide for the subsequent inserting ‘‘, including any data,’’ after ‘‘in- ‘‘(1) MEDICAL QUALITY ASSURANCE RECORD.— formation’’; and The term ‘medical quality assurance record’ award of a follow-on production contract to participants in the transaction. (5) by adding at the end the following: means any proceeding, discussion, record, ‘‘(e) EXCLUSION FROM FOIA.—This section ‘‘(3) INCLUSION.—A transaction under this finding, recommendation, evaluation, opin- shall be considered a statute described in subsection includes a project awarded to an ion, minutes, report, or other document or subsection (b)(3)(B) of section 552 of title 5 individual participant and to all individual action that results from a quality assurance (commonly referred to as the ‘Freedom of In- committee, quality assurance program, or projects awarded to a consortium of United formation Act’).’’. quality assurance program activity. States industry and academic institutions. (b) CERTAIN VOLUNTARILY PROVIDED SAFE- ‘‘(2) QUALITY ASSURANCE PROGRAM.— ‘‘(4) DETERMINATION.—The authority of this TY-RELATED INFORMATION.— ‘‘(A) IN GENERAL.—The term ‘quality assur- section may be exercised for a transaction (1) IN GENERAL.—The Administrator shall ance program’ means a comprehensive pro- for a prototype project and any follow-on provide appropriate safeguards against the gram of the Administration— production contract, upon a determination public dissemination of safety-related infor- ‘‘(i) to systematically review and improve by the head of the contracting activity, in mation collected as part of a mishap inves- the quality of medical and behavioral health accordance with Administration policies, tigation carried out under the NASA safety services provided by the Administration to that— reporting system or in conjunction with an ensure the safety and security of individuals ‘‘(A) circumstances justify use of a trans- organizational safety assessment, if the Ad- receiving such health services; and action to provide an innovative business ar- ministrator makes a written determination, ‘‘(ii) to evaluate and improve the effi- rangement that would not be feasible or ap- including a justification of the determina- ciency, effectiveness, and use of staff and re- propriate under a contract; and tion, that— sources in the delivery of such health serv- ‘‘(B) the use of the authority of this sec- (A)(i) disclosure of the information would ices. tion is essential to promoting the success of inhibit individuals from voluntarily pro- ‘‘(B) INCLUSION.—The term ‘quality assur- the prototype project. viding safety-related information; and ance program’ includes any activity carried ‘‘(5) COMPETITIVE PROCEDURE.— (ii) the ability of NASA to collect such in- out by or for the Administration to assess ‘‘(A) IN GENERAL.—To the maximum extent formation improves the safety of NASA pro- the quality of medical care provided by the practicable, the Administrator shall use grams and research relating to aeronautics Administration.’’. competitive procedures with respect to en- and space; or (b) TECHNICAL AND CONFORMING AMEND- tering into a transaction to carry out a pro- (B) withholding such information from MENT.—The table of sections for chapter 313 totype project. public disclosure improves the safety of such of title 51, United States Code, is amended by ‘‘(B) EXCEPTION.—Notwithstanding section NASA programs and research. adding at the end the following: 2304 of title 10, United States Code, a follow- (2) OTHER FEDERAL AGENCIES.—Notwith- ‘‘31303. Confidentiality of medical quality as- on production contract may be awarded to standing any other provision of law, if the surance records.’’. the participants in the prototype transaction Administrator provides to the head of an- without the use of competitive procedures, other Federal agency safety-related informa- TITLE VIII—MISCELLANEOUS PROVISIONS if— tion with respect to which the Administrator SEC. 801. CONTRACTING AUTHORITY. ‘‘(i) competitive procedures were used for has made a determination under paragraph Section 20113 of title 51, United States the selection of parties for participation in (1), the head of the Federal agency shall Code, is amended by adding at the end the the prototype transaction; and withhold the information from public disclo- following: ‘‘(ii) the participants in the transaction sure. ‘‘(o) CONTRACTING AUTHORITY.—The Admin- successfully completed the prototype project (3) PUBLIC AVAILABILITY.—A determination istration— provided for in the transaction. or part of a determination under paragraph ‘‘(1) may enter into an agreement with a ‘‘(6) COST SHARE.—A transaction to carry (1) shall be made available to the public on private, commercial, or State government out a prototype project and a follow-on pro- request, as required under section 552 of title entity to provide the entity with supplies, duction contract may require that part of 5, United States Code (commonly referred to support, and services related to private, com- the total cost of the transaction or contract as the ‘‘Freedom of Information Act’’). mercial, or State government space activi- be paid by the participant or contractor from (4) EXCLUSION FROM FOIA.—This subsection ties carried out at a property owned or oper- a source other than the Federal Government. shall be considered a statute described in ated by the Administration; and ‘‘(7) PROCUREMENT ETHICS.—A transaction subsection (b)(3)(B) of section 552 of title 5, ‘‘(2) upon the request of such an entity, under this authority shall be considered an United States Code. may include such supplies, support, and serv- agency procurement for purposes of chapter SEC. 804. PHYSICAL SECURITY MODERNIZATION. ices in the requirements of the Administra- 21 of title 41, United States Code, with regard Chapter 201 of title 51, United States Code, tion if— to procurement ethics.’’. is amended—

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7680 CONGRESSIONAL RECORD — SENATE December 18, 2020 (1) in section 20133(2), by striking ‘‘prop- (ii) incorporated under the laws of the Peo- recommendations for future NASA con- erty’’ and all that follows through ‘‘to the ple’s Republic of China; and tracting based on the results of the review. United States,’’ and inserting ‘‘Administra- (2) host official visitors from the People’s (4) PLAN.—Not later than 180 days after the tion personnel or of property owned or leased Republic of China at a facility belonging to date on which the Comptroller General com- by, or under the control of, the United or used by NASA. pletes the review, the Administrator shall— States’’; and (b) WAIVER.— (A) develop a plan to implement the rec- (2) in section 20134, in the second sen- (1) IN GENERAL.—The Administrator, the ommendations of the Comptroller General; tence— Director, or the Chair may waive the limita- and (A) by inserting ‘‘Administration personnel tion under subsection (a) with respect to an (B) submit the plan to the appropriate or any’’ after ‘‘protecting’’; and activity described in that subsection only if committees of Congress. (B) by striking ‘‘, at facilities owned or the Administrator, the Director, or the SEC. 808. CONSIDERATION OF ISSUES RELATED contracted to the Administration’’. Chair, as applicable, makes a determination TO CONTRACTING WITH ENTITIES SEC. 805. LEASE OF NON-EXCESS PROPERTY. that the activity— RECEIVING ASSISTANCE FROM OR Section 20145 of title 51, United States (A) does not pose a risk of a transfer of AFFILIATED WITH THE PEOPLE’S RE- PUBLIC OF CHINA. Code, is amended— technology, data, or other information with (a) IN GENERAL.—With respect to a matter national security or economic security im- (1) in paragraph (b)(1)(B), by striking ‘‘en- in response to a request for proposal or a plications to an entity described in para- tered into for the purpose of developing re- broad area announcement by the Adminis- graph (1) of such subsection; and newable energy production facilities’’; and trator, or award of any contract, agreement, (B) does not involve knowing interactions (2) in subsection (g), in the first sentence, or other transaction with the Administrator, with officials who have been determined by by striking ‘‘December 31, 2021’’ and insert- a commercial or noncommercial entity shall the United States to have direct involvement ing ‘‘December 31, 2025’’. certify that it is not majority owned or con- with violations of human rights. SEC. 806. CYBERSECURITY. trolled (as defined in section 800.208 of title (2) CERTIFICATION TO CONGRESS.—Not later (a) IN GENERAL.—Section 20301 of title 51, 31, Code of Federal Regulations), or minority than 30 days after the date on which a waiver United States Code, is amended by adding at owned greater than 25 percent, by— is granted under paragraph (1), the Adminis- the end the following: (1) any governmental organization of the trator, the Director, or the Chair, as applica- ‘‘(c) CYBERSECURITY.—The Administrator People’s Republic of China; or ble, shall submit to the Committee on Com- shall update and improve the cybersecurity (2) any other entity that is— merce, Science, and Transportation and the of NASA space assets and supporting infra- (A) known to be owned or controlled by Committee on Appropriations of the Senate structure.’’. any governmental organization of the Peo- and the Committee on Science, Space, and (b) SECURITY OPERATIONS CENTER.— ple’s Republic of China; or Technology and the Committee on Appro- (1) ESTABLISHMENT.—The Administrator (B) organized under, or otherwise subject priations of the House of Representatives a shall maintain a Security Operations Center, to, the laws of the People’s Republic of written certification that the activity com- to identify and respond to cybersecurity China. plies with the requirements in subparagraphs threats to NASA information technology (b) FALSE STATEMENTS.— (A) and (B) of that paragraph. systems, including institutional systems and (1) IN GENERAL.—A false statement con- mission systems. (c) GAO REVIEW.— tained in a certification under subsection (a) (2) INSPECTOR GENERAL RECOMMENDA- (1) IN GENERAL.—The Comptroller General constitutes a false or fraudulent claim for TIONS.—The Administrator shall implement, of the United States shall conduct a review purposes of chapter 47 of title 18, United to the maximum extent practicable, each of of NASA contracts that may subject the Ad- States Code. the recommendations contained in the re- ministration to unacceptable transfers of in- (2) ACTION UNDER FEDERAL ACQUISITION REG- port of the Inspector General of NASA enti- tellectual property or technology to any en- ULATION.—Any party convicted for making a tled ‘‘Audit of NASA’s Security Operations tity— false statement with respect to a certifi- Center’’, issued on May 23, 2018. (A) owned or controlled (in whole or in cation under subsection (a) shall be subject (c) CYBER THREAT HUNT.— part) by, or otherwise affiliated with, the to debarment from contracting with the Ad- (1) IN GENERAL.—The Administrator, in co- Government of the People’s Republic of ministrator for a period of not less than 1 ordination with the Secretary of Homeland China; or year, as determined by the Administrator, in Security and the heads of other relevant (B) organized under, or otherwise subject addition to other appropriate action in ac- Federal agencies, may implement a cyber to, the laws of the People’s Republic of cordance with the Federal Acquisition Regu- threat hunt capability to proactively search China. lation maintained under section 1303(a)(1) of NASA information systems for advanced (2) ELEMENTS.—The review required under title 41, United States Code. cyber threats that otherwise evade existing paragraph (1) shall assess— (c) ANNUAL REPORT.—The Administrator security tools. (A) whether the Administrator is aware— shall submit to the appropriate committees (2) THREAT-HUNTING PROCESS.—In carrying (i) of any NASA contractor that benefits of Congress an annual report detailing any out paragraph (1), the Administrator shall from significant financial assistance from— violation of this section. develop and document a threat-hunting proc- (I) the Government of the People’s Repub- SEC. 809. SMALL SATELLITE LAUNCH SERVICES ess, including the roles and responsibilities lic of China; PROGRAM. of individuals conducting a cyber threat (II) any entity controlled by the Govern- (a) IN GENERAL.—The Administrator shall hunt. ment of the People’s Republic of China; or continue to procure dedicated launch serv- (d) GAO PRIORITY RECOMMENDATIONS.—The (III) any other governmental entity of the ices, including from small and venture class Administrator shall implement, to the max- People’s Republic of China; and launch providers, for small satellites, includ- imum extent practicable, the recommenda- (ii) that the Government of the People’s ing CubeSats, for the purpose of conducting tions for NASA contained in the report of Republic of China, or an entity controlled by science and technology missions that further the Comptroller General of the United States the Government of the People’s Republic of the goals of NASA. entitled ‘‘Information Security: Agencies China, may be— (b) REQUIREMENTS.—In carrying out the Need to Improve Controls over Selected (I) leveraging United States companies program under subsection (a), the Adminis- High-Impact Systems’’, issued May 18, 2016, that share ownership with NASA contrac- trator shall engage with the academic com- including— tors; or munity to maximize awareness and use of (1) re-evaluating security control assess- (II) obtaining intellectual property or dedicated small satellite launch opportuni- ments; and technology illicitly or by other unacceptable ties. (2) specifying metrics for the continuous means; and (c) RULE OF CONSTRUCTION.—Nothing in monitoring strategy of the Administration. (B) the steps the Administrator is taking this section shall prevent the Administrator SEC. 807. LIMITATION ON COOPERATION WITH to ensure that— from continuing to use a secondary payload THE PEOPLE’S REPUBLIC OF CHINA. (i) NASA contractors are not being lever- of procured launch services for CubeSats. (a) IN GENERAL.—Except as provided by aged (directly or indirectly) by the Govern- SEC. 810. 21ST CENTURY SPACE LAUNCH INFRA- subsection (b), the Administrator, the Direc- ment of the People’s Republic of China or by STRUCTURE. tor of the OSTP, and the Chair of the Na- an entity controlled by the Government of (a) IN GENERAL.—The Administrator shall tional Space Council, shall not— the People’s Republic of China; carry out a program to modernize multi-user (1) develop, design, plan, promulgate, im- (ii) the intellectual property and tech- launch infrastructure at NASA facilities— plement, or execute a bilateral policy, pro- nology of NASA contractors are adequately (1) to enhance safety; and gram, order, or contract of any kind to par- protected; and (2) to advance Government and commercial ticipate, collaborate, or coordinate bilat- (iii) NASA flight-critical components are space transportation and exploration. erally in any manner with— not sourced from the People’s Republic of (b) PROJECTS.—Projects funded under the (A) the Government of the People’s Repub- China through any entity benefiting from program under subsection (a) may include— lic of China; or Chinese investments, loans, or other assist- (1) infrastructure relating to commodities; (B) any company— ance. (2) standard interfaces to meet customer (i) owned by the Government of the Peo- (3) RECOMMENDATIONS.—The Comptroller needs for multiple payload processing and ple’s Republic of China; or General shall provide to the Administrator launch vehicle processing;

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7681 (3) enhancements to range capacity and ‘‘(C) necessary for post-flight transpor- SEC. 817. REMEDIATION OF SITES CONTAMI- flexibility; and tation of United States Government astro- NATED WITH TRICHLOROETHYLENE. (4) such other projects as the Adminis- nauts, and other astronauts subject to reim- (a) IDENTIFICATION OF SITES.—Not later trator considers appropriate to meet the bursable arrangements, returning from space than 180 days after the date of the enactment goals described in subsection (a). for the performance of medical research, of this Act, the Administrator shall identify (c) REQUIREMENTS.—In carrying out the monitoring, diagnosis, or treatment, or sites of the Administration contaminated program under subsection (a), the Adminis- other official duties, prior to receiving post- with trichloroethylene. trator shall— flight medical clearance to operate a motor (b) REPORT REQUIRED.—Not later than 1 (1) identify and prioritize investments in vehicle,’’. year after the date of the enactment of this projects that can be used by multiple users Act, the Administrator shall submit to the SEC. 814. USE OF COMMERCIAL NEAR-SPACE BAL- appropriate committees of Congress a report and launch vehicles, including non-NASA LOONS. that includes— users and launch vehicles; and (a) SENSE OF CONGRESS.—It is the sense of (2) limit investments to projects that (1) the recommendations of the Adminis- Congress that the use of an array of capabili- trator for remediating the sites identified would not otherwise be funded by a NASA ties, including the use of commercially program, such as an institutional or pro- under subsection (a) during the 5-year period available near-space balloon assets, is in the beginning on the date of the report; and grammatic infrastructure program. best interest of the United States. (d) RULE OF CONSTRUCTION.—Nothing in (2) an estimate of the financial resources (b) USE OF COMMERCIAL NEAR-SPACE BAL- this section shall preclude a NASA program, necessary to implement those recommenda- LOONS.—The Administrator shall use com- including the Space Launch System and tions. mercially available balloon assets operating Orion, from using the launch infrastructure SEC. 818. REPORT ON MERITS AND OPTIONS FOR at near-space altitudes, to the maximum ex- modernized under this section. ESTABLISHING AN INSTITUTE RE- tent practicable, as part of a diverse set of LATING TO SPACE RESOURCES. SEC. 811. MISSIONS OF NATIONAL NEED. capabilities to effectively and efficiently (a) REPORT.— (a) SENSE OF CONGRESS.—It is the Sense of meet the goals of the Administration. (1) IN GENERAL.—Not later than 180 days Congress that— after the date of the enactment of this Act, (1) while certain space missions, such as SEC. 815. PRESIDENT’S SPACE ADVISORY BOARD. Section 121 of the National Aeronautics the Administrator shall submit to the appro- asteroid detection or space debris mitigation priate committees of Congress a report on or removal missions, may not provide the and Space Administration Authorization Act, Fiscal Year 1991 (Public Law 101–611; 51 the merits of, and options for, establishing highest-value science, as determined by the an institute relating to space resources to National Academies of Science, Engineering, U.S.C. 20111 note) is amended— (1) in the section heading, by striking advance the objectives of NASA in maintain- and Medicine decadal surveys, such missions ing United States preeminence in space de- ‘‘USERS’ ADVISORY GROUP’’ and inserting provide tremendous value to the United scribed in paragraph (3). States and the world; and ‘‘PRESIDENT’S SPACE ADVISORY BOARD’’; and (2) by striking ‘‘Users’ Advisory Group’’ (2) MATTERS TO BE INCLUDED.—The report (2) the current organizational and funding required by paragraph (1) shall include an as- structure of NASA has not prioritized the each place it appears and inserting ‘‘Presi- dent’s Space Advisory Board.’’ sessment by the Administrator as to wheth- funding of missions of national need. er— (b) STUDY.— SEC. 816. INITIATIVE ON TECHNOLOGIES FOR (A) a virtual or physical institute relating (1) IN GENERAL.—The Director of the OSTP NOISE AND EMISSIONS REDUC- to space resources is most cost effective and TIONS. shall conduct a study on the manner in appropriate; and which NASA funds missions of national need. (a) INITIATIVE REQUIRED.—Section 40112 of (B) partnering with institutions of higher (2) MATTERS TO BE INCLUDED.—The study title 51, United States Code, is amended— education and the aerospace industry, and conducted under paragraph (1) shall include (1) by redesignating subsections (b) the extractive industry as appropriate, the following: through (f) as subsections (c) through (g), re- would be effective in increasing information (A) An identification and assessment of the spectively; and available to such an institute with respect to types of missions or technology development (2) by inserting after subsection (a) the fol- advancing the objectives described in para- programs that constitute missions of na- lowing new subsection (b): graph (3). tional need. ‘‘(b) TECHNOLOGIES FOR NOISE AND EMIS- (3) OBJECTIVES.—The objectives described (B) An assessment of the manner in which SIONS REDUCTION.— in this paragraph are the following: such missions are currently funded and man- ‘‘(1) INITIATIVE REQUIRED.—The Adminis- (A) Identifying, developing, and distrib- aged by NASA. trator shall establish an initiative to build uting space resources, including by encour- (C) An analysis of the options for funding upon and accelerate previous or ongoing aging the development of foundational missions of national need, including— work to develop and demonstrate new tech- science and technology. (i) structural changes required to allow nologies, including systems architecture, (B) Reducing the technological risks asso- NASA to fund such missions; and components, or integration of systems and ciated with identifying, developing, and dis- (ii) an assessment of the capacity of other airframe structures, in electric aircraft pro- tributing space resources. Federal agencies to make funds available for pulsion concepts that are capable of substan- (C) Developing options for using space re- such missions. tially reducing both emissions and noise sources— (c) REPORT TO CONGRESS.—Not later than 1 from aircraft. (i) to support current and future space ar- year after the date of the enactment of this ‘‘(2) APPROACH.—In carrying out the initia- chitectures, programs, and missions; and Act, the Director of the OSTP shall submit tive, the Administrator shall do the fol- (ii) to enable architectures, programs, and to the appropriate committees of Congress a lowing: missions that would not otherwise be pos- report on the results of the study conducted ‘‘(A) Continue and expand work of the Ad- sible. under subsection (b), including recommenda- ministration on research, development, and (4) DEFINITIONS.—In this section: tions for funding missions of national need. demonstration of electric aircraft concepts, (A) EXTRACTIVE INDUSTRY.—The term ‘‘ex- SEC. 812. DRINKING WATER WELL REPLACEMENT and the integration of such concepts. tractive industry’’ means a company or indi- FOR CHINCOTEAGUE, VIRGINIA. ‘‘(B) To the extent practicable, work with vidual involved in the process of extracting Notwithstanding any other provision of multiple partners, including small busi- (including mining, quarrying, drilling, and law, during the 5-year period beginning on nesses and new entrants, on research and de- dredging) space resources. the date of the enactment of this Act, the velopment activities related to transport (B) INSTITUTION OF HIGHER EDUCATION.—The Administrator may enter into 1 or more category aircraft. term ‘‘institution of higher education’’ has agreements with the town of Chincoteague, ‘‘(C) Provide guidance to the Federal Avia- the meaning given the term in section 101(a) Virginia, to reimburse the town for costs tion Administration on technologies devel- of the Higher Education Act of 1965 (20 U.S.C. that are directly associated with— oped and tested pursuant to the initiative.’’. 1001(a)). (1) the removal of drinking water wells lo- (b) REPORTS.—Not later than 180 days after (C) SPACE RESOURCE.— cated on property administered by the Ad- the date of the enactment of this Act, and (i) IN GENERAL.—The term ‘‘space re- ministration; and annually thereafter as a part of the Adminis- source’’ means an abiotic resource in situ in (2) the relocation of such wells to property tration’s budget submission, the Adminis- outer space. under the administrative control, through trator shall submit a report to the appro- (ii) INCLUSIONS.—The term ‘‘space re- lease, ownership, or easement, of the town. priate committee of Congress on the progress source’’ includes a raw material, a natural SEC. 813. PASSENGER CARRIER USE. of the work under the initiative required by material, and an energy source. Section 1344(a)(2) of title 31, United States subsection (b) of section 40112 of title 51, SEC. 819. REPORT ON ESTABLISHING CENTER OF Code, is amended— United States Code (as amended by sub- EXCELLENCE FOR SPACE WEATHER (1) in subparagraph (A), by striking ‘‘or’’ at section (a) of this section), including an up- TECHNOLOGY. the end; dated, anticipated timeframe for aircraft en- (a) IN GENERAL.—Not later than 180 days (2) in subparagraph (B), by inserting ‘‘or’’ tering into service that produce 50 percent after the date of the enactment of this Act, after the comma at the end; and less noise and emissions than the highest the Administrator shall submit to the appro- (3) by inserting after subparagraph (B) the performing aircraft in service as of Decem- priate committees of Congress a report as- following: ber 31, 2019. sessing the potential benefits of establishing

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7682 CONGRESSIONAL RECORD — SENATE December 18, 2020 a NASA center of excellence for space weath- (2) support the development of orbital de- daughters to go fight our wars, who er technology. bris mitigation technologies through contin- have given their time and their talents (b) GEOGRAPHIC CONSIDERATIONS.—In the ued research and development of concepts. and their treasure at every opportunity report required by subsection (a), the Admin- (c) REPORT TO CONGRESS.—Not later than for this Nation. istrator shall consider the benefits of estab- 90 days after the date of the enactment of lishing the center of excellence described in this Act, the Administrator shall submit to And now they are in need. They are that subsection in a geographic area— the appropriate committees of Congress a re- the backbone of this Nation, and they (1) in close proximity to— port on the status of implementing sub- are in crisis. I am talking about the 8 (A) significant government-funded space section (b). million Americans who have fallen into weather research activities; and SEC. 823. STUDY ON COMMERCIAL COMMUNICA- poverty since this summer; 12 million (B) institutions of higher education; and TIONS SERVICES. families—working families—who are (2) where NASA may have been previously (a) SENSE OF CONGRESS.—It is the sense of now behind on their rent; the 35 per- underrepresented. Congress that— cent of working families in America SEC. 820. REVIEW ON PREFERENCE FOR DOMES- (1) enhancing the ability of researchers to who have had to go ask for food assist- TIC SUPPLIERS. conduct and interact with experiments while (a) SENSE OF CONGRESS.—It is the Sense of in flight would make huge advancements in ance in the last couple of months be- Congress that the Administration should, to the overall profitability of conducting re- cause of this pandemic. Those are the the maximum extent practicable and with search on suborbit and low-Earth orbit pay- people I am talking about. due consideration of foreign policy goals and loads; and I am talking about people like Susan, obligations under Federal law— (2) current NASA communications do not who is a single mother, a working (1) use domestic suppliers of goods and allow for real-time data collection, observa- mother, from my State in Northeast services; and tion, or transmission of information. Missouri, where she lives. She wrote to (2) ensure compliance with the Federal ac- (b) STUDY.—The Administrator shall con- quisition regulations, including subcontract me the other day, and she is trying to duct a study on the feasibility, impact, and home school her kids who are home be- flow-down provisions. cost of using commercial communications (b) REVIEW.— programs services for suborbital flight pro- cause of COVID. She doesn’t have (1) IN GENERAL.—Not later than 180 days grams and low-Earth orbit research. internet because she is in a rural part after the date of the enactment of this Act, (c) REPORT.—Not later than 18 months of the State. She doesn’t have the Administrator shall undertake a com- after the date of the enactment of this Act, broadband. She is trying to feed her prehensive review of the domestic supplier the Administrator shall submit to Congress family. She is trying to stay up with preferences of the Administration and the and make publicly available a report that obligations of the Administration under the her job, but she has to miss shifts at describes the results of the study conducted work because she has got kids at home Federal acquisition regulations to ensure under subsection (b). compliance, particularly with respect to whom she is trying to home school and Federal acquisition regulations provisions Mr. CRUZ. Mr. President, I suggest supervise. Now she has fallen behind on that apply to foreign-based subcontractors. the absence of a quorum. her rent. She told me, and these are (2) ELEMENTS.—The review under para- The PRESIDING OFFICER. The her words: graph (1) shall include— clerk will call the roll. I am not asking for handouts. I am just (A) an assessment as to whether the Ad- The legislative clerk proceeded to asking for a chance to get back on my feet. ministration has provided funding for infra- call the roll. structure of a foreign-owned company or Earlier this week, a friend of mine f State-sponsored entity in recent years; and down in Southeast Missouri, the boot (B) a review of any impact such funding EXECUTIVE CALENDAR—Continued heel of Missouri, in a town called has had on domestic service providers. Charleston, was helping to distribute Mr. HAWLEY. Mr. President, I ask (c) REPORT.—The Administrator shall sub- food to families in need. He said that unanimous consent that the order for mit to the appropriate committees of Con- there were 30 church groups—30—who the quorum call be rescinded. gress a report on the results of the review. lined up to come get food for their con- The PRESIDING OFFICER. Without SEC. 821. REPORT ON UTILIZATION OF COMMER- gregations, and over 60 families—this is CIAL SPACEPORTS LICENSED BY objection, it is so ordered. a small town—there were over 60 fami- FEDERAL AVIATION ADMINISTRA- The PRESIDING OFFICER. The Sen- TION. lies who stood in line, and as they were ator from Missouri. (a) IN GENERAL.—Not later than 1 year loading food into the trunks of people’s after the date of the enactment of this Act, UNANIMOUS CONSENT REQUEST—S. 4999 cars, many of them were crying. the Administrator shall submit to the appro- Mr. HAWLEY. Mr. President, I am What these people ask for, what priate committees of Congress a report on here on behalf of the millions of work- these Americans ask for is not for gov- the benefits of increased utilization of com- ing people in this country who are out mercial spaceports licensed by the Federal ernment to solve all their problems. It Aviation Administration for NASA civil of time, who are out of luck, and who is not for government to give them a space missions and operations. are just about out of hope. I am here on handout. It is a chance to get back on (b) ELEMENTS.—The report required by sub- behalf of the millions of working peo- their feet, a chance to provide for section (a) shall include the following: ple who have borne the worst of this themselves, a chance to recover when (1) A description and assessment of current pandemic, the people who got sent they have been asked, again, to sac- utilization of commercial spaceports li- home back in March and April and rifice so much. censed by the Federal Aviation Administra- May, when other businesses got to stay That is why the least this body can tion for NASA civil space missions and oper- open, and when companies like Amazon ations. do is to provide direct relief to every (2) A description and assessment of the and Facebook were making billions of working American who needs it. That benefits of increased utilization of such dollars. These are the workers who lost is what we did back in March that spaceports for such missions and operations. their jobs, the workers who lost their every Senator voted for: $1,200 for (3) A description and assessment of the pay, the workers who were told: Too every working individual, $2,400 for steps necessary to achieve increased utiliza- bad for you. working couples, 500 bucks for kids and tion of such spaceports for such missions and These are people who right now are dependents. It is the least that we can operations. missing shifts at work to try to care do. It should be the first thing that we SEC. 822. ACTIVE ORBITAL DEBRIS MITIGATION. for kids who are distance learning be- could do. (a) SENSE OF CONGRESS.—It is the sense of Congress that— cause of COVID, who are trying to care As these negotiations drag on and on, (1) orbital debris, particularly in low-Earth for a relative who may be sick. These fixated and focused and hung up on orbit, poses a hazard to NASA missions, par- are the people who are always asked to who knows what issues, let’s start with ticularly human spaceflight; and make it work, who are always asked to this. Let’s send a message to working (2) progress has been made on the develop- hold it together and, you know what, families that they are first, not last; ment of guidelines for long-term space sus- they do. that they are the most important con- tainability through the United Nations Com- These are proud people, the working sideration, not some afterthought. mittee on the Peaceful Uses of Outer Space. people of our Nation. These are strong Let’s send that message today. (b) REQUIREMENTS.—The Administrator should— people. These are the people who have Surely, we can agree that the work- (1) ensure the policies and standard prac- rallied to this Nation’s defense in every ing people of this country deserve re- tices of NASA meet or exceed international hour of need, in every moment of dan- lief, and if we are going to spend hun- guidelines for spaceflight safety; and ger, who have sent their sons and dreds of billions of dollars on bailing

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.001 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7683 out this, that, and the other, surely, percent of last year’s GDP—if we do provide relief—we did provide economic surely, we could start with reasonable, this bipartisan deal, another trillion impact payments, which Senator modest relief to the working people in dollars, we will be $28.4 trillion in debt HAWLEY wants to just duplicate—no need in this Nation. in the next 3 or 4 months. That is 132 changes, no modifications, no further What I am proposing is what every percent of GDP. targeting. Those economic impact pay- Senator has supported already this When I came to the Senate, we were ments were about $275 billion to 166 year. What I am proposing is modest a little over $14 trillion and our GDP million people. Remember, 25 million compared to the scope of the need. was over $15 trillion, and we were actu- people lost their jobs, but we sent our What I am proposing will give working ally below 100 percent of GDP. checks to 166 million people, averaging folks in my State and across this coun- I know I am using a lot of numbers about $1,673 per person. What may be a try a shot—a shot—here before Christ- right now, and I am going to use more more relevant figure is how many mas at getting back up on their feet, because that is part of the problem. households we sent those checks to. We getting back to work, and getting back One of the reasons we are $27.4 tril- sent them out to about 115 million in a position to be able to provide for lion in debt is, we only speak about households at about $2,400 per house- themselves, these folks who are the need; we only talk in terms of compas- hold. backbone of this Nation. sion. We all have compassion. We all So, again, $275 billion to 115 million I am here today to ask that this body want to fulfill those needs. We just households—that was about 4.5 more take up and pass this relief measure: don’t talk in numbers very often. We households than the number of jobs $1,200 for individuals, $2,400 for couples, don’t analyze the data. We don’t take a lost. Today, with only 9 million jobs $500 for kids. look at what we did in the past and see, lost, not only—I mean, that is a big Mr. President, as in legislative ses- did it work or didn’t it work? What was number, a big number. I am not mini- sion, I now ask unanimous consent spent well? What was wasted? mizing that. With 9 million jobs lost, if that the Senate proceed to the imme- So I didn’t have enough time to do we just repeat it—send out to another diate consideration of my bill at the charts. It would be a little bit easier. 115 million households—that is 12.6 desk; I further ask that the bill be con- But let me go through numbers, and I times the number of jobs lost. And if sidered read a third time and passed, will go through slowly so that people we double it, it goes from $275 billion and that the motion to reconsider be can understand at least my perspective to $550 billion. That is half a trillion considered made and laid upon the of why I am so concerned about our Na- dollars. table. tion’s debt and the fact that we are I know a trillion doesn’t sound like The PRESIDING OFFICER. Is there mortgaging our children’s future. I much anymore. It seems like hundreds objection? think we need to be very careful about The Senator from Wisconsin. of billions seem more, but now that we Mr. JOHNSON. Reserving the right mortgaging it further when we aren’t are dealing in $1 trillion or $2 trillion, to object, Mr. President. First of all, I doing it in a targeted fashion. it is pocket change apparently. want to say to my colleague from Mis- So, again, before the COVID reces- I think it is important to ask: Well, souri that I certainly share and I think sion hit, in December 2019, we hit a how was that money spent? Did it real- every Senator in this Chamber shares record number of people employed in ly—was it really spent on essentials? his concern for people who are hurting this country. There were 158.8 million Was this money really needed? Was because of this COVID pandemic. Busi- people employed. That was a record. there any hope, actually, of that nesses have closed. People are on un- Our economy was humming. Because of money being stimulative to our econ- employment. People are in need President Trump’s administration, omy? through no fault of their own. they put forward a reasonable level of Well, we have one study from the This is an act of God, and that is one regulation and competitive taxes. That Federal Reserve Bank of New York. of the reasons why I certainly sup- brought back the entrepreneurial spirit They issued it on October 13 of 2020. ported the CARES Act. That was over that supercharged the economy. We What they did is, since 2013, they have $2 trillion. In total, this body has were at 3.5 percent unemployment. been sending out in the internet a na- passed well over $3 trillion, 15 percent When I took econ, 5 percent was con- tional survey to 1,300 households called to 16 percent of last year’s GDP in sidered full employment. We were at 3.5 the Survey of Consumer Expectations, terms of financial relief. percent unemployment. and with COVID, they decided to send My comments here are really not di- Then, COVID hit and, by April, we out two special surveys—one in June rected specifically at the proposal of had gone from almost 159 million peo- and one in August. the Senator from Missouri because he ple employed in this country to just a Here is what those survey results makes many good points. We do have little over 133 million people, so that said. Of the $2,400 per household in the working men and women, we have was a reduction in employment of a lit- June survey, 18 percent of that $275 bil- households that—again, through no tle more than 25 million people—again, lion was spent on essential items; 8 fault of their own—are struggling, and from 159 million to 133 million, 25 mil- percent was spent on nonessential; 3 we need to provide financial support. I lion fewer people employed in this Na- percent, on donations, for a total of 29 think my comments are, in some re- tion. percent spent. This is what they call spect, more general from the stand- Now, the good news: Even though the the marginal propensity to consume, 29 point of how we have done that. pandemic is still not over and the vac- percent. Of the other 71 percent, equal- As I have explained to my colleagues cine is being delivered, and it is being ly divided, 36 percent of that was saved, in conference, by and large, the initial administrated—I think the end is in so our Nation’s savings rate increased, need packages here were a shotgun ap- sight—we have already gained 16 mil- and 35 percent went to pay off debt— proach. We had to move fast. We had to lion people employed, so now employ- credit card debt. do something big. We had to make sure ment stands at 149.7 million people; 150 They also asked the same question that markets wouldn’t seize, that fi- million people are employed—down about what happened to the unemploy- nancial relief could be sent to people about 9 million jobs—9 million. ment payments. Very similar results: very quickly, and so we passed over $3 I want you to keep those numbers in 24 percent of those unemployment pay- trillion in financial relief. I knew it mind because they are important. Our ments—the plus-up to $600 per week to would be far from perfect. It was far unemployment rate stands at 6.7 per- stay on unemployment benefits—24 from perfect. cent. By the way, the number of people percent was spent on essential con- But now we have had a lot more unemployed, according to the Bureau sumption, 4 percent on nonessential, 1 time, and anything we consider for this of Labor Statistics, which has a little percent on donations for, again, the additional package that we are consid- bit different calculation, is about 10.7. same percent: 29 percent was the mar- ering now that is being debated, that is So, in this, somewhere between 9 mil- ginal propensity to consume from the being discussed, that is being nego- lion and 11 million people are currently unemployment payments; 71 percent, tiated, ought to be far more targeted. unemployed. for savings and for debt repayment. One of the reasons we are currently Now, in the CARES Act—again, They also looked ahead, assuming $27.4 trillion in debt, which is about 128 which I supported because we had to that we are going to do another round

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.010 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7684 CONGRESSIONAL RECORD — SENATE December 18, 2020 of stimulus checks. This time they even begun to think that we should try it. Try telling them why this body asked their respondents: How would even spend $100 billion to stimulate an can bail out the banks. We bailed out you spend $1,500 if you got a check? economy at 6.7 percent unemployment. the banks to such a tune that now they This time respondents said that they But this is different. We have under- have money left over. Now we are would spend about 14 percent on essen- employed; we have families in need. going to take money back because we tial consumption, 7 percent on non- There is no doubt about it. I com- spent so much on Wall Street and the essential, 3 percent on donations, for a pletely support some kind of program banks in the first part of this year. total of 24 percent that would be the targeted for small businesses so they That is right. marginal propensity to consume—24 can reemploy and so they can reopen to In fact, now I understand that my percent—and 76 percent, again, on sav- restore capital. Their life savings have Democratic colleagues don’t want to ings and debt repayment. been wiped out. I have proposals. They shut down all of the bank money. Who So I don’t think you can take a look have been ignored. knows what we might be able to do at these direct payments to individuals So what I fear we are going to do with that in the future? Oh, they are as stimulative. Obviously, 18 to 24 per- with this bipartisan package and what fine. They are more than fine. They are cent was spent on essential items. We the Senator from Missouri is talking doing great. Now Wall Street is doing ought to figure out how to provide that about is the same thing—a shotgun ap- great. Big tech, they are doing great; money so that people can spend it on proach. We will not have learned the the big multinational corporations, essentials. Again, that is only 18 to 24 lessons from our very hurried, very fantastic. Working people—working percent maximum. rushed, very massive earlier relief people are living in their cars. Working I do want to talk a little bit about packages. We will just do more of the people can’t go to the doctor. Working past stimuli. I personally don’t believe same—another trillion dollars. It takes people can’t pay their rent. Working they do much to stimulate the econ- our debt from $27.4 trillion to $28.4 tril- people can’t feed their children. They omy. I think the best way to stimulate lion in a couple of months with doing should be first, not last. the economy is, again, what this ad- virtually no revisions, no improve- And it is no answer for this body to ministration has done: Lower regula- ments and, similar to what the Senator tell them: Go get in an unemployment tion to a reasonable level—nobody ar- from Missouri is talking about in line. Really? That is the response? Go gues for no regulation; we need a rea- terms of these economic impact pay- get in an unemployment line. sonable level—and have a competitive ments, no revisions at all—just spend No, the working people of this coun- tax system. another $275 billion and send it out to try, frankly, deserve better. They de- I fear, in the next administration, we 115 million households when we are serve to be the top priority just like may just repeat the mistakes of the currently at about 9 million fewer jobs they have made this country the top Obama-Biden administration, and here than we were in a record economy be- priority in their lives and their fami- is the proof of their mistakes. Again, fore the COVID recession. lies. remember those employment numbers: So, for all those reasons, I not only This is not the end of this fight. I am a record of about 159 million, currently object to what Senator HAWLEY is pro- here right now on this floor. Senator 150 million people, being employed. posing here, but I am certainly lodging SANDERS will be back in a matter of Well, back during the great recession, my objection to what is barreling hours to ask again for the same meas- prior to that, we did have employment through—the train has left the sta- ure. Again, I have been proud to part- of about 146 million people in January tion—on the package being negotiated ner with him on this effort, and I will 2008. By December 2009, that had right now that is way too big, that au- keep working with whomever it takes dropped to 138 million people em- thorizes more money, even though we for however long it takes until we get ployed. But when President Obama have $600 billion there just for the working people of this country re- took office, he had total control of repurposing, no new authorization re- lief. Congress—a filibuster-proof majority quired. There are 52 Republicans who I yield the floor. here in the Senate—and, within a supported it, but that is not good I suggest the absence of a quorum. month, they enacted the American Re- enough. We have to throw another $300 The PRESIDING OFFICER. The covery and Reinvestment Act—$787 bil- to $400 billion on top, which is $300 to clerk will call the roll. lion of proposed spending. In February $400 billion more that we are mort- The bill clerk proceeded to call the of 2009, there were 141.6 million Ameri- gaging our children’s future without roll. cans working—141.6—and the unem- reforms and without targeting. So I ob- Mr. TILLIS. Mr. President, I ask ployment rate was 8.3 percent. Again, ject. unanimous consent that the order for it continued to dip to December 2009 The PRESIDING OFFICER. Objec- the quorum call be rescinded. when it got down to 138 million. It took tion is heard. The PRESIDING OFFICER (Mr. KEN- us 3 years from February 2009 to get The Senator from Missouri. NEDY). Without objection, it is so or- back to 141.6 million Americans work- Mr. HAWLEY. Mr. President, I thank dered. ing, and that is with an $800 billion— the Senator from Wisconsin for his per- UNANIMOUS CONSENT REQUEST—S. 4605 roughly, $800 billion—stimulus package spective, which I always appreciate, Mr. TILLIS. Mr. President, 3 days that did not work, but it further mort- and, of course, I appreciate working ago, I came to the floor and spoke in gaged our children’s future by another with Senator JOHNSON on some of the honor of the life of Tyler Herndon, a $800 billion. issues. Mount Holly, NC, police officer who I wish these things worked. A quick On this issue, I am afraid we are just lost his life just days before his 26th aside: Part of that American Recovery going to have to differ, and I just want birthday last week. He was laid to rest and Reinvestment Act—again, Demo- to say this: Nothing could be more tar- this week. crats had total control, with a fili- geted and no relief could be more im- Now 5 days after his murder and 3 buster-proof majority in the Senate. portant than relief for working people. days after my remarks, I am dev- Do you know how much they plussed- The Senator is right; this body has astated to report that another officer up State unemployment benefits to spent trillions of dollars this year in North Carolina has lost his life in help the unemployed, those 8.3 percent alone on COVID relief. We are getting the line of duty. Wednesday night, the of Americans? They plussed it up by a ready to spend, apparently, another Concord Police Department received a whopping $25 per week, and now they trillion dollars more. Yet working peo- call about a crashed, abandoned car on are arguing that $300 per week, which I ple are told they may be last—if they I–85 just outside of Charlotte. Respond- believe is the current proposal, isn’t get relief at all. ing officers were alerted that the sus- enough. It kind of makes you wonder, I don’t think the American people pect had attempted to steal a woman’s doesn’t it? understand that. I know people in Mis- car while she was still in it. So, in summary, kind of reviewing souri don’t understand it, and I would Officers Jason Shuping and Kaleb these numbers, we currently are at 6.7 just urge Members of this body: Go Robinson tracked and identified the percent unemployment. I don’t recall home and try explaining that to the suspect on foot. As they approached ever, in U.S. history, when we have people of your State. Go ahead. Just the suspect, he pulled out a handgun,

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.011 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7685 and he shot both of these brave offi- ator TILLIS creates a new Federal lessly and risk their lives in the proc- cers. Tragically, Officer Shuping died crime that would punish assaults on ess. It has happened here in the Cap- at the scene. Thankfully, Officer Rob- law enforcement officers, including itol. It happens in every corner of inson is recovering at the hospital. Of- State and local officers, by up to 10 America, sadly. But let’s save this for ficer Shuping was just 25 years old—the years and up to life if death results another day. Let’s take this up in the same age as the officer we memorial- from the offense or the offense involves new Congress, which is about to start ized this week, Tyler Herndon. kidnapping, attempted kidnapping, or in just a few days. Let’s address this I am just devastated by this. These attempt to kill. issue, as well as the issue of how to brave officers had begun their careers Let me say at the outset that I had a make the plight of our law enforce- in law enforcement and had nowhere to few seconds to communicate with my ment officers safer and more effective. go but up. They were serving our com- colleague before this official colloquy To deal with issues involving that, I munity, and they were doing it with on the floor. think, would be a balanced approach to honor. I say to the Senator, I sensed in your this, which would serve justice. We talk a lot about the sacrifice voice and what you told me how per- For those reasons, I will object. given by law enforcement officers who sonal this is to you. This just isn’t the The PRESIDING OFFICER. The ob- day in and day out are serving our killing of a law enforcement officer, jection is heard. communities and putting themselves in which is a tragedy all of itself. It is Mr. TILLIS. Mr. President, I am ob- harm’s way, and it is dispiriting to your neighborhood. It is your commu- viously disappointed in the objection think that these fallen officers, at the nity. As you said, some of these offi- from my friend and colleague from Illi- very beginning of their careers, have cers, you know their families, and it is nois, but I do believe that we have to already made the ultimate sacrifice in very personal. start recognizing that something bad is the name of public safety and commu- I want to say first, I offer my condo- happening—48 murders, hundreds of as- nity safety. lences to the families and colleagues of saults, ambushes, premeditated at- Families in North Carolina and in Officer Jason Shuping, who lost his life tacks. I do understand the idea that maybe each of our States are about to endure in Concord, NC, and Officer Tyler you could prosecute it through existing their first Christmas without their Avery Herndon, who lost his life in law, your Federal or State law, but we loved ones. We owe so much to these Mount Holly in the line of duty in have an epidemic of ‘‘abolish the po- families whose parents, spouses, sib- North Carolina in the last few weeks. lice, defund the police,’’ marginalizing lings, children, and grandchildren have These are terrible tragedies. the police, that suggests to me that given everything in the line of duty. We had a similar situation, of all even if there are pathways now to prop- On Tuesday, when I spoke on Officer places, in the Loop in Chicago just a erly prosecute these brazen criminals, Herndon, I said that in the next Con- couple of years ago—Commander Paul we have to cut through some of the gress, I would be moving forward with Bauer. What a spectacular man he was rhetoric that, honestly, I believe is the the Protect and Serve Act again. This in service to the city of Chicago and responsibility for some of these unprec- act increases penalties for people who the State of Illinois. He was murdered edented numbers of murders and as- murder or assault police officers. But in the Loop. Unfortunately, his poor saults. in light of another police officer’s young family had to go through the or- So although I am disappointed with death—the second one in a week in deal not only of the funeral but also, the objection today, I look forward to North Carolina, in the suburbs, just then, of the trial of the suspect. I raise working with my colleague on the Ju- around the corner from where I live, 10 that only because Paul Bauer’s assail- diciary and others to do everything we or 15 minutes away—I think we have to ant was successfully prosecuted by the can to pass the Protect and Serve Act elevate the discussion now and send a State of Illinois and was given a life and to send a very clear message to very clear message to those who would sentence just recently. these increasingly less safe commu- As is the case in most of these situa- harm police officers that if you do, nities and more threatened law en- tions, to my knowledge, I would say to then there are going to be dire con- forcement officers that we are going to the Senator from North Carolina, every sequences to pay for it. We owe it to do everything we can to make our com- State, including his own, takes this the police officers to let them know munities safe and to make a police offi- very seriously and prosecutes cases of that Congress cares about them. We cer’s job as safe as it can be. should send this message. harm involving law enforcement offi- Thank you. This is a simple bill. It only focuses cers. I suggest the absence of a quorum. on those who are so brazen that they The individual responsible for shoot- The PRESIDING OFFICER. The would murder a police officer in the ing Officer Shuping is dead. If he had clerk will call the roll. line of duty, assault them, ambush lived, he would have been prosecuted The bill clerk proceeded to call the them—all the things you have seen; for a capital offense in North Carolina. roll. now 48 murders in this year alone. The individual who allegedly shot Offi- Mr. CORNYN. Mr. President, I ask The best thing we can do is to pass cer Herndon has been indicted for first- unanimous consent that the order for this commonsense legislation and send degree murder in North Carolina. the quorum call be rescinded. a message to these people who are tak- So it raises the question, why is it The PRESIDING OFFICER. Without ing away the men and women serving necessary to create a Federal crime for objection, it is so ordered. our communities. something already being successfully CORONAVIRUS Mr. President, as if in legislative ses- prosecuted in every State in the Na- Mr. CORNYN. Mr. President, there is sion, I ask unanimous consent that the tion? Assaults on police officers are al- a lot going on and not enough of some Judiciary Committee be discharged ready criminalized with enhanced pen- things we really need to go on going from further consideration of S. 4605 alties, as they should be, and assaults on. and the Senate proceed to its imme- on Federal officers are already Federal But I think it is worth noting again— diate consideration; further, that the offenses. I have a lengthy list here, lest the moment be lost somehow in all bill be considered read a third time and which I will not read to you, of all of the back and forth and all the chaos— passed and that the motion to recon- the Federal statutes that already pro- that we have reached a watershed mo- sider be considered made and laid upon vide for punishment up to death and a ment in the war against COVID–19. the table with no intervening action or life sentence for those Federal officers As you know, the first successful vac- debate. who would be shot or harmed in any cine was approved last week. I watched The PRESIDING OFFICER. Is there way. online as the Vice President of the objection? So let me say this to my friend and United States and his wife received the The Senator from Illinois. colleague from North Carolina: I thank vaccine. I applaud them for dem- Mr. DURBIN. Mr. President, reserv- you for standing up on the floor and onstrating their confidence, which ing the right to object, the Protect and bringing this matter to our attention. should be all of our confidence, that Serving Act of 2020 that has been of- We should never overlook the fact that this vaccine is not only effective but fered by my colleague and friend Sen- these men and women serve us self- also safe.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.013 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7686 CONGRESSIONAL RECORD — SENATE December 18, 2020 In my State of Texas, it is estimated bolstered unemployment insurance agree on the things we agree on. I that there will be a million people vac- benefits, and even gave the option to think they expect us to do that. cinated by the end of this month. That defer student loan payments with no We all understand that our workers is a modern medical and logistical mir- penalty. We knew people needed help, and many people have had the rug acle. and we acted responsibly, I believe. pulled out from under them. They had Yesterday—the news keeps getting We also supported our wobbly econ- no money coming in the front door. better—the FDA’s expert advisory omy with the assistance for the Main They are worried about paying the rent panel recommended the Agency ap- Street businesses through the Pay- or mortgage. Their kids are at home prove a second successful vaccine, check Protection Program and loans going through virtual schooling. I meaning millions more doses, over and for the industries that our States and mean, it is tough on a lot of people. It above the Pfizer vaccine, could be Country rely on. is not so tough if you are a Member of headed out the door in a matter of But as time has gone on, much of the Congress and are receiving a paycheck. days, if not hours. funding provided by those bills has run But for millions of our constituents The light at the end of the tunnel is out. As I said, we didn’t know in March back home, they have been waiting and getting bigger and brighter every day, how long this was going to last, either waiting, and they have been hurting but we are not out of the dark yet. As the public health challenges or the eco- because we have not been able to get we know, tragically, more than 300,000 nomic challenges associated with it. our act together. Americans have lost their lives to this But we have a better picture of what is The second round of the job-saving virus. Millions have lost their jobs and needed now and we need to act and act Paycheck Protection Program would their livelihood. Countless small busi- soon—money for schools, vaccine dis- help a lot. It would help our small busi- nesses have permanently closed their tribution, and for airlines, which, nesses, throw them another lifeline. doors, and the devastating impact of through no fault of their own, are see- That was really one of the most pop- the virus across the country is growing ing their ridership plummet. They need ular parts of what we were able to do in day by day. help. Each of these are worthy of our March. Earlier this year, we were able to best efforts to help. As the Presiding Officer will remem- come together in four separate pieces Critical provisions that supported ev- ber, we appropriated $350 billion and it of legislation in a bipartisan—nearly erything from unemployment benefits went in 2 weeks. So we appropriated unanimous—manner and respond with to the Paycheck Protection Program another $320 billion to provide loans to the sort of alacrity and speed and with have already lapsed or are within just small businesses and incentives for the scope that I think our constituents a few days of doing so. I know people them to maintain their payroll so peo- expected us to. We didn’t exactly know wonder: Why does Congress wait so ple would have income and so that how big we needed to go. We just knew long, to the 11th hour to act? those small businesses, once we got the we needed to go big and we needed to Well, call it human nature, call it virus in the rearview mirror, would go fast. stubbornness, call it politics, call it still be around and help rebound our We appropriated more than $3 trillion what you will, but deadlines do force economy. of coronavirus relief. We didn’t know action, especially here in the Congress. In Texas alone, there were 417,000 how long the virus was going to last. I believe we are on the cusp of positive Paycheck Protection loans—$41 billion And when we tried to offer additional results for the American people. worth. The average loan was $115,000; aid to the American people, unfortu- For months now, disagreements on although, I was on a Zoom call with nately, the partisan dysfunction that what the next relief bill should look some in the Texas Bankers Associa- sometimes creeps in—particularly, in like have stopped us from making tion, and one of them told me that the days leading up to a national elec- progress. Unfortunately, I think it was their smallest loan was $300. I am sure tion—prevented us from providing that more about the election and stoking there is an interesting story behind relief. the fears and anxieties of the American that. The point is this was needed help, But the election is over, and it is electorate in the run up to the elec- and it has run out. time for us to do our jobs. Really, we tion. I think that is what prevented us Then we need another investment in need to build on our past success. from passing additional bills after the vaccine distribution. The logistical The bills culminating in the CARES CARES Act in March. challenge of getting this vaccine Act in March bolstered our healthcare Then NANCY PELOSI and the House around the country is mind-boggling, response by making testing free of passed the Heroes Act, which every- but we can see it is already working be- charge. Remember that used to be the body recognized—the mainstream cause of thorough planning and good watchword, what people would con- media and even Democrats acknowl- execution, but they need more money tinue to say day after day after day: edged—was not going to go anywhere. to make sure that we get the job done. testing, testing, testing. You are not That was another $3 trillion bill that We also need to make sure that hearing that anymore because testing helped the nascent marijuana industry, schools, particularly as people feel is ubiquitous. providing tax cuts to the wealthy peo- more comfortable going back to school We provided vital funding for hos- ple living in high-tax jurisdictions like in person, get additional support so pitals and armed our medical workers New York and San Francisco. It was they can bring the children back into with the personal protective equipment clearly not designed to pass, but rather the classrooms and keep them and the they needed to sustain this fight on the to send a message. teachers and other employees healthy frontline. We poured funding into re- Well, we knew we needed a targeted at the schools. search and development of vaccines, bill to send relief to those who needed We know virtual learning has been a therapeutics, and treatment. And by it most, without driving up govern- disaster, particularly for low-income any measure, those efforts have been a ment spending even higher than nec- students. Unfortunately, broadband is success. essary. Over these last several months, not universally available in the United While, as I said, the number of people too much of the discussion has been fo- States, and there are parts of my State testing positive has gone up pretty dra- cused on the areas where we disagree wherein as many as a third of the stu- matically, the death rate has remained and, truthfully, there is no such thing dents don’t have access to broadband. much lower than it was in the early as a perfect bill. You can always find a So how in the world are they going to days of the virus. That is because, I be- reason to say no. continue their educations? Local offi- lieve, the treatments have improved, But I don’t believe that is the reason cials and State officials have tried to the therapeutics are working, and our our constituents have sent us here. help, leaving parking lots outside of healthcare providers are learning how They want us to be responsible. They the school libraries available so you to treat people with the virus in ways want us to be careful with their tax can drive up and gain access to the Wi- that are saving lives. dollars, but they do want us to act in Fi from the schools, or they have dis- The work we did up through March their best interests by trying to find tributed hotspots so that, if you get ac- buoyed the workers and families who ways to build consensus—even when we cess to cellular service, you can actu- needed the help with direct payments, can’t agree on everything, to at least ally tie into Wi-Fi and get online and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7687 continue your studies. Yet, for many of The American people have waited long journalists, and teachers. Despite its our young people, these school enough. We can’t let them down again. name, the national security law is not lockdowns have been a disaster in We are on the 5-yard line, and we need about security; it is about fear—fear of terms of their educations. So we need to deliver. We need to get this done and the voices in Hong Kong calling for re- to do more in that area as well. get this done soon. form of democracy and freedom. Common sense tells us that, when I yield the floor. I believe my colleagues on both sides you are sitting across the table, negoti- I suggest the absence of a quorum. of the aisle share my feelings about the ating with somebody, if 80 percent of The PRESIDING OFFICER. The crisis in Hong Kong, but the question what you are talking about is agreed clerk will call the roll. today is, What are we willing to do to, the process should move along pret- The senior assistant legislative clerk about it? ty quickly because nobody gets 100 per- proceeded to call the roll. Last week, on a unanimous voice cent of what one wants around here. It Mr. DURBIN. Mr. President, I ask vote, the House of Representatives is just not possible. While it is unfortu- unanimous consent that the order for passed the bipartisan Hong Kong Peo- nate it has taken us so long to reach the quorum call be rescinded. ple’s Freedom and Choice Act, which this point, I am encouraged that The PRESIDING OFFICER. Without would grant temporary protected sta- maybe, just maybe—now with the objection, it is so ordered. tus to Hong Kong residents currently deadline for government funding run- UNANIMOUS CONSENT REQUEST—H.R. 8428 in the United States and provide an op- ning out tonight at 12 midnight—this Mr. DURBIN. Mr. President, we had a portunity for refugee status to is forcing action and that a deal is in hearing this week, the Immigration Hongkongers facing persecution. sight. Subcommittee of Senate Judiciary, At Wednesday’s Judiciary Committee There has been more bipartisan co- and Senator BLUMENTHAL was there hearing, we received a clear message: operation and communication over the with me and others. We listened to peo- Congress needs to pass the Hong Kong last several days than there has been in ple from Hong Kong tell the story of People’s Freedom and Choice Act in the last several months. A lot of people what is happening because of the re- the Senate now. We can do it. In fact, have put a lot of effort into this on a pressive regime in Beijing and what is we can do it today. Think about the bipartisan basis, and now the decision happening to those in Hong Kong who message it would send from the United is with what we call the ‘‘four cor- are demonstrating in favor of democ- States to Hong Kong and to the world ners’’—rank-and-file Members of the racy. if we sent this bill to the President’s House and Senate. We are not going to This hearing on the crisis in Hong desk to be signed into law. It is bipar- have a chance to amend this deal. It is Kong also raised a lot of questions tisan. It was unanimous in the House. going to be proposed by Speaker about the United States and our own It is timely, and it addresses a real PELOSI, Democratic Leader SCHUMER, immigration and refugee policy toward problem. Leader MCCARTHY, Majority Leader those who are being persecuted. Under the bill, Hong Kong would be MCCONNELL, and the White House. So I At the hearing, there was some pow- designated for TPS for 18 months. To am sure it is not going to be perfect. erful testimony. I recall one of the wit- qualify for TPS status, eligible Unfortunately, we will not have a nesses, Mr. Chu, who said that he was Hongkongers currently in the United chance to make it better. I hope the aware of students—Chinese students— States would need to first clear a partisan divisions that have paralyzed currently in the United States who criminal history and national security Congress for much of the year do not have already been designated as en- screening and pay a $360 filing fee. rear their ugly heads in these final emies of the state by China and who, if Some of the critics have said: We hours and at this critical stage of nego- they are forced to return to China, will can’t trust the Chinese in the United tiation. face prosecution, imprisonment, and States. They may be spies. There is too much at stake for us to who knows. It was a very personal That is why we require, under the go home for the holidays emptyhanded. story because these people are friends TPS, that anyone applying for this There are too many people who are of his who, through no fault of their TPS status has to go through a crimi- hurting, too many people who are anx- own, only speaking out against the re- nal background check and a national ious. The number of people having gime in Beijing, now will face long security screening. overdosed by self-medicating since the prison sentences if forced to return to I want America to be safe—we all virus hit is, I think, about 80,000, I China. do—but just to categorically say ‘‘If read. You can imagine people self- I am amazed, as I meet these people you are from China or from Hong Kong, medicating, whether it is with alcohol from China and Hong Kong, at the you are a suspicious character, and we or drugs or people who are trapped courage they show. Mr. Chu, for exam- don’t want you to stay here’’ isn’t fair. with an abuser, either a spousal abuser ple, had come to the United States— It isn’t realistic. or a child abuser. Because they are not been sent to the United States by his Sixty-seven hundred students are going to school, their teachers can’t father at the age of 12 because his fa- here now legally in the United States look for signs of that abuse and get ther had made a practice of helping the from Hong Kong and China, and they them help. Reports of child sexual Chinese who had demonstrated on were admitted to the United States abuse are down 40 percent. It is not be- Tiananmen Square and providing the under standards and investigations. cause it is not happening; it is because equivalent of an underground railroad They are students at our universities, kids aren’t in school, where teachers for them to escape China. I guess the and they would qualify for this impor- and others can come to their aid. people in Beijing were on his heels, and tant temporary humanitarian protec- I can only imagine a single mom, so to protect his family, he sent his 12- tion so that they aren’t forced to re- say, with three kids of different ages at year-old son to the United States, who turn to a literally dangerous situation. home, trying to continue their edu- has lived here for a number of years. TPS can be granted by the President cations, but she is worried: How do I He is an American citizen now. if he wishes, but the Trump adminis- keep working—maybe she is an essen- This repression and the Chinese Gov- tration has failed to protect tial worker—so she can pay the bills to ernment meddling in the lives of the Hongkongers in need. put food on the table and pay the rent. people of Hong Kong are appalling. This bill also establishes expedited Can you imagine the chaos and stress? Thousands of protestors in Hong Kong refugee and asylum access for qualified There is too much at stake for us to have been persecuted for fighting for individuals and their family members. go home for the holidays emptyhanded. the liberties that we Americans rou- This would enable persecuted We need to remember we are not here tinely say we enjoy—freedoms of as- Hongkongers to register with any U.S. for our benefit; we are here for the ben- sembly and speech, the right to vote, Embassy or Consulate, or with the De- efit of the people we are honored to due process, and the rule of law. partment of Homeland Security if they represent—in my case, 29 million Tex- The national security law imposed on are in the United States. ans. We have a fiduciary responsibility. Hong Kong by the Chinese Communist Refugees and asylees would be re- We are in a position of trust. They Party in June has enabled the ruthless quired to meet all legal requirements have entrusted us with their welfare. abuse of protesters, political leaders, and pass background checks before

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.016 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7688 CONGRESSIONAL RECORD — SENATE December 18, 2020 being granted status in the United seas passports. The Australian Govern- I yield to my colleague, Senator States. That is just not a minor admin- ment has stepped in with visa options BLUMENTHAL. istrative chore. We are serious about for students and workers from Hong The PRESIDING OFFICER. The Sen- it. If you want to come to the United Kong. Canada announced multiple new ator from Connecticut. States as a refugee or asylee, we will immigration measures supporting Mr. BLUMENTHAL. Mr. President, I do everything we can to make certain Hong Kong residents, including meas- am really honored to follow Senator that you are no danger to anyone in ures to help Hong Kong students in DURBIN, a staunch and steadfast cham- the United States. Canada. pion of refugees and immigration re- The refugee policies of this outgoing I have a basic question. What are we form who, year after year, has shown administration have put at risk going to do? You hear this about the the courage to stand up on this issue. Hongkongers who are fleeing Chinese British stepping up, the Australians And to emphasize a point that he has persecution, not to mention millions of stepping up, the Canadians stepping up. made, there is an urgency to our act- other vulnerable refugees. Since the Where is the United States? ing. There is a sense that time is not enactment of the Refugee Act of 1980, This is our chance today. Senator on our side for the lives at stake here. the United States has resettled on av- BLUMENTHAL is going to make a unani- The world has watched in horror as erage of 80,000 refugees a year. That is mous consent request to actually have China has cracked down on the incip- our annual average since 1980. How- the United States do something. ient democracy movement in Hong ever, in the midst of the worst refugee One country cannot take in all the Kong. We have seen the yellow umbrel- crisis in history, the current Trump ad- refugees from Hong Kong nor should it las. We have seen the marchers in the ministration has set record low refugee be expected to, but surely the United streets and the brutality and the cru- admissions figures for 4 years in a row, States of America, the most powerful elty of the Chinese Communist Party culminating in the lowest levels in his- nation on the Earth and, we hope, a and Chinese authorities, using clubs tory this year at 15,000—from 80,000 to model for democracy in the world, can- and guns with the kind of thuggishness 15,000. not protest what is happening to the that has come to characterize the Chi- How many refugees has the United innocent people of Hong Kong and the nese anti-democracy movement there States admitted from Hong Kong in the repressive regime of Beijing and then and around the world. We have an op- last year? Zero—not one. do nothing. portunity to take a stand and speak When you look at what the Com- Passing the Hong Kong People’s out and do something in defense of the munist Chinese Party is doing in Freedom and Choice Act is urgently brave protesters who are risking their China, threatening these demonstra- needed. The situation continues to de- lives. We have seen this kind of democracy tors who are marching in the streets teriorate. We need to do it and do it movement before. We know it is in the for things that we say over and over quickly. We need to protect great tradition of our country to stand are the underpinnings of our democ- Hongkongers in need. Think about the with those protestors and those march- racy, and to think that we have not message that it sends to the world if ers who are saying to the Chinese Gov- granted one single person in Hong the United States agrees with Senator ernment: We will not let you break the Kong refugee status is hard to imagine. BLUMENTHAL’s request today and agreement that you did in 1984 with the passes the measure that has already The Trump administration has deci- United Kingdom to preserve these free- passed the House of Representatives mated legal protections for doms and to make Hong Kong an out- and it becomes the law of the land. Hongkongers and other innocent vic- post of democracy in the repressive re- How will the Chinese Government pass tims of persecution. gime of China. We will not let you chip For example, under the rule issued that off as insignificant, when all of away at our rights or extradite our last week, Hongkongers could be de- these countries are basically saying people to China. That law was the nied asylum if they transit other coun- their treatment of the people of Hong spark that ignited these protests. We tries on the way to the United States, Kong is abominable? will not let you mock our demand for We should act quickly. The Senate if persecutors detain them for only a freedom and democracy. brief period, or if persecutors were not Judiciary Committee has failed to The Hong Kong People’s Freedom able to carry out their threats before raise another bill, the Hong Kong Safe and Choice Act of 2020 was passed the activist fled. Harbor Act, sent to it 6 months ago. So unanimously in the House of Rep- According to the testimony of the they have had their opportunity in the resentatives with overwhelming bipar- Hong Kong Democracy Council execu- committee to do something. Under the tisan support, and it would very simply tive director, Samuel Chu, on Wednes- Democratic majority, the House did give those protesters protective status day—I mentioned him earlier—the peo- their job and acted quickly with a bi- in this country, the greatest Nation in ple most immediately at risk in Hong partisan bill. the history of the world, saying to Kong are the approximately 10,000 indi- We have seen a lot of speeches on them: We will give you a safe harbor. viduals who have been arrested by the both sides of the aisle about how mad We will give you a place where you can Chinese Government crackdown. we are at the Chinese Government. The be protected. Make no mistake. We know what the question today, in the next few min- And remember, what the Chinese are Chinese Communist Party is up to. As utes, is, Are we mad enough to do saying is: You can be indicted. You can for these concentration camps—they something? be arrested. No matter where you are call them reeducation camps—that Do something significant. I ask the in the world, if you violated our law, they created for the Uyghurs, we know Senate to join the House in passing the we will bring you back. what they are doing. They characterize Hong Kong People’s Freedom and And we would say to those protestors them in many different ways, but we Choice Act now. Let’s send this bill to who are simply demanding funda- have seen this throughout history. The the President and send a strong mes- mental freedoms that often we take for question is, What are we going to do sage to the people of Hong Kong that granted here: We will give you protec- about it? they are not in this alone. tive status. We will give you temporary We are going to protest what is hap- How fortunate I am to have a col- protective status right away. We will pening to the people in Hong Kong, but league like Dick Blumenthal. We see make sure that you have that safe har- will we take one step—even one small eye-to-eye on this issue. He jumped on bor. step—to provide them security and the measure and said he wanted to Now, I know that my colleagues, safety? move on it, and I thought, darn, I wish Senators Rubio and Menendez, have a Not all of them are going to wish to I would have been the first one, but I bill that is actually called the Hong leave Hong Kong, I understand that. am happy to accompany him on this ef- Kong Safe Harbor Act. We had a hear- Some of them can’t. Some of them may fort. ing on it the other day in the Judiciary receive assistance from another coun- I sincerely hope that this is truly bi- Committee. All of my colleagues ex- try. The British Prime Minister has of- partisan. If our protest against the pressed support for the individuals who fered a path to citizenship to up to 3 Communist Party of China is meaning- came to us asking us to act on that million Hongkongers eligible for over- ful and bipartisan, it will be powerful. measure.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.018 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7689 The Hong Kong People’s Freedom passed and the motion to reconsider be this bill would dramatically lower that and Choice Act of 2020, in fact, would considered made and laid upon the standard. There is no reason to lower go beyond that measure, only to say table. that standard, and there is particular that you don’t have to be formally The PRESIDING OFFICER. Is there risk when doing so, we know, would be charged in China and you don’t have to objection? used by the Chinese Communists to be in specific categories of protestor. The Senator from Texas. send even more Chinese spies into the You can be a journalist, and you can Mr. CRUZ. Mr. President, reserving United States. get temporary protective status. It the right to object, today, we have The Senator from Connecticut as- would also say that you don’t have to good news and bad news. The good news sured us: Well, don’t worry. We will do demonstrate individually a fear of per- is that our Democratic colleagues are a background check. secution, but you do have to be finally discovering that the Chinese Well, the last I checked, when the screened. You do have to demonstrate Communists are not our friends. They Chinese Communist Government sends that you are not going to be a national are finally acknowledging that the Chi- spies into our country, they are quite security threat. nese Communists are murdering, tor- willing to concoct a bogus background My colleague Senator DURBIN is abso- turing, oppressive tyrants, and our portfolio of materials. Who do you lutely right to make this point. No- Democratic colleagues are likewise dis- think the Chinese Government would body wants Chinese spies in this coun- covering that Hong Kong is a beacon be seeing coming in? We just recently try. There would be a background for democracy and a beacon for liberty. had news of Chinese spies targeting check and a screening just as there are That is, indeed, good news. Members of Congress—targeting promi- for other refugees under this measure. The bad news is, the bill that they nent Democrats. This is an espionage The other day, at this hearing, we have put forth is not designed to do threat America faces of our adversaries heard from Samuel Chu and Nathan anything about it. This is not a Hong taking advantage of our laws and tar- Lau and we heard from Joey Su. These Kong bill. It is, instead, a Democratic geting our leadership. activists are fighting for their freedom. messaging bill because House Demo- The truth also is that China has con- We heard their stories, so powerful and crats made, I think, a cynical decision fiscated passports and, I am told, moving. Their faces and voices should to try to exploit the crisis in Hong stopped issuing exit visas to persons be heard and heeded in this body. Kong to advance their longstanding deemed problematic. As a result, China We are far removed here in this se- goals of changing our immigration is highly unlikely to let actual dis- date setting from the clamor and the laws. sidents leave Hong Kong, so this bill cruelty of those streets in Hong Kong, It is not news to anyone who has isn’t directed to help them. where men and women have stood been watching the political battles of But I will say this: We urgently need bravely against the physical brutality recent years to discover that our to have a real, substantive, bipartisan and force of the Chinese regime. But we Democratic colleagues embrace open conversation about countering the Chi- should send a message to the world: We borders; that when it comes to illegal nese Communist Party, about defend- are going to stand with those refugees immigration, their preference is to ing the United States of America, who come here heeding the lady who make all immigration legal. This bill about standing up and winning this stands in New York Harbor with a mes- advances that longtime partisan polit- battle. This bill doesn’t advance that sage of hope and freedom. The same ical agenda that the Democrats have. objective, but what I am going to do is lady who many of our forebears in this When it comes to standing up for I am going to give our Democratic col- Chamber saw when they came to this Communist China, for 8 years I have leagues the opportunity to actually country—like my dad, in 1935, at the led the fight in this Senate to stand up support legislation that would stand up age of 17, alone, seeking to escape per- to Communist China. China is, I be- to China. secution in Germany, speaking no lieve, the single greatest geopolitical So, momentarily, I am going to ask English, knowing virtually no one, threat facing the United States for the unanimous consent for one bill and dis- having not much more than the shirt next century. cuss a second bill that I also later in- on his back but believing—believing— In October of last year, I traveled to tend to ask unanimous consent to pass. that America would offer him the safe- Hong Kong as part of a friends and al- But first, I object. ty of freedom as a refugee. lies tour throughout Asia, met with the The PRESIDING OFFICER. Objec- That is our tradition in this country. Hong Kong dissidents—those brave, tion is heard. It goes beyond party, geography, race, young students standing in the streets, The Senator from Connecticut. or religion. It is what makes America standing for freedom, and standing up Mr. BLUMENTHAL. Mr. President, I truly great. We are a nation of immi- against Chinese tyrants. I did a sat- really regret this attack on a bill that grants and refugees, and my hope is, as ellite interview on an American Sun- was passed unanimously—Republicans, I stand here, that we will have the day show from Hong Kong dressed in unanimously, and Democrats, unani- same unanimity in this body as the all black in solidarity with those pro- mously—a bipartisan bill by the House House did, despite all the other divi- testers because Hong Kong today is, as of Representatives. If my colleagues sions that persist at this point; that we I have said many times, the new Ber- are serious about moving a bill to the will have the respect for the moral im- lin. It is the frontline in the battle desk of the President, only this bill perative to act now and make sure that against Communist tyranny. will do it because only this bill has we fulfill the message of America now This bill, however, is not designed to been passed by the House of Represent- that is more important than ever be- fix that problem. Right now, today, atives. fore in light of the repressive regimes, under current law, individuals in Hong There is an urgency to this cause for even in our own region, whether it is Kong are already eligible to become the sake of these refugees who haven’t Venezuela, Guatemala, Honduras, Nica- refugees under our immigration law. In been permitted to leave their country, ragua, where we can say to the world: fact, in July, President Trump explic- haven’t been sent by China, haven’t We are going to stand by our prin- itly expanded the number of refugee simply come into this country as po- ciples, and we are going to do it now slots available and allocated them to tential espionage agents. They have because of the urgency of this moment Hong Kong. This bill, instead, is de- come here because they fought for free- and the need of these refugees for tem- signed and would dramatically lower dom in their country. So to say that we porary protective status. the standards for both refugee and asy- have discovered that we need to stand Let us act now. lum status to the point where individ- up to China, sorry about that, but it is So, Mr. President, as if in legislative uals would qualify even if they cannot just preposterous. session, I ask unanimous consent that establish an individualized and credible Mr. DURBIN. Will the Senator yield the Judiciary Committee be discharged fear of persecution. for a question? from further consideration of H.R. 8428, The Senator from Connecticut just Mr. BLUMENTHAL. I yield to the and the Senate proceed to its imme- listed that as a virtue of this bill—that Senator from Illinois. diate consideration; further, that the no longer would you have to establish Mr. DURBIN. I would ask the ques- bill be considered read a third time and a credible fear of persecution; instead, tion through the Chair. Isn’t it true

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.019 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7690 CONGRESSIONAL RECORD — SENATE December 18, 2020 that this bill that we are promoting, prison and kill their political oppo- vests billions into spreading propa- which just passed the House unani- nents? ganda, even using American media out- mously on a bipartisan basis, also pro- I ask my colleague from Texas to lets, telecommunication infrastruc- tects the 6,700 students here in the rethink the practical implications of ture, movies, and sports teams to United States with student visas from this measure and to consider why the spread their propaganda, from buying being forced to return to Hong Kong House of Representatives unanimously media outlets so that they broadcast when our State Department is warning passed this. It doesn’t lower the stand- propaganda into America to coercing Americans it is unsafe for them to ards for political refugees coming to Hollywood studios and sports leagues travel to Hong Kong? Is that not true? this country. It doesn’t eliminate any to self-sensor by threatening to cut off Mr. BLUMENTHAL. The Senator security checks. It takes people, many access to one of the world’s largest from Illinois is absolutely right, and I of them living here already—not spies, markets. The Chinese Communist was just going to, as a matter of fact, by any means—and sends them back to Party spends billions and billions of make that point because I think it is the meat grinder of the repressive Chi- dollars to mislead Americans about central to the objection that has been nese Communist Party. It may sound China and to try to shape what we see, raised. like good rhetoric to oppose this bill, what we hear and think. In fact, the people in danger here are but my colleague from Texas heard the All of these activities are part of Chi- already here. They are in danger if testimony of these freedom fighters na’s whole-of-state approach to amass they are sent back, as they would be and why they need temporary pro- influence around the world through in- without that temporary protected sta- tected status and why they support a formation warfare, and we need to tus. So that point, I think, refutes, es- safe harbor. stand together to stop it. sentially, the argument that has just So I continue to insist that this bill, That is why I will be momentarily been made by our colleague from like the Rubio-Menendez bill, protects asking for unanimous consent on the Texas. essential American values, and I ask SCRIPT Act, which would cut off Hol- Mr. DURBIN. If the Senator would him to reconsider his objection. lywood studios from the assistance yield further for a question—and this The PRESIDING OFFICER. The Sen- they currently receive from the U.S. notion that the Chinese in the United ator from Texas. Federal Government if those studios States are all suspect spies, is it real- UNANIMOUS CONSENT REQUEST—S. 3835 allow the Chinese Communist Govern- ly—is that the point you want to Mr. CRUZ. Mr. President, my col- ment to sensor what they are pro- make? Is that really the point you league from Connecticut just said that ducing. want to make? Do we have background they were being tough on China. As I We have seen this pattern over and checks involved here? Do we have explained, this bill is not being tough over and over again—Hollywood being screening involved here? on China. complicit in China’s censorship and We are all intent on keeping America But a bit of good news: They will propaganda in the name of bigger prof- safe, but to categorize a group of peo- have the opportunity, moments from it. ‘‘Bohemian Rhapsody,’’ a wonderful ple as all potential spies—and, there- now, to in fact be tough on China. I biography of Freddie Mercury and fore, they are going to all be fed to the have introduced, roughly, a dozen sepa- story of the band Queen—well, the Chi- lions of Beijing if they are returned— rate pieces of legislation designed to do nese Government was upset that seems to me to be fundamentally un- exactly that, to stand up to the Chi- Freddie Mercury was homosexual and fair and not consistent with what nese Communist Government. I am demanded that Hollywood sensor America has learned about immigra- glad also to see my Democratic col- scenes that showed that Freddie Mer- tion. There were suspicions in World leagues discovering the human rights cury was homosexual. And Hollywood— War II about all those people coming travesties that are playing out in those great, woke social warriors that from Europe, and they were turned China. they are—compliantly said: We are away, many of them to their death. We Look, my family knows the oppres- more interested in the money than in can’t make that mistake again. If sion of Communist governments. My artistic integrity, than in telling there is any suspect person, there is a father was imprisoned and tortured in Freddie Mercury’s story, so the Chi- way to determine that with screening, Cuba. My aunt, my Tia Sonia, was im- nese Government will happily edit out criminal background checks, and the prisoned and tortured by Fidel Castro’s those scenes. like. thugs. So, when it comes for standing ‘‘Doctor Strange,’’ another movie— So the 6,700 who are here, we were for dissidents, there is a reason why, comic book movie—in ‘‘Doctor told at the hearing—I think you were for 8 years, I have gone to the Senate Strange,’’ they changed the Ancient there; it may have been a minute or floor over and over and over again One’s character from being from Tibet, two before you arrived—one of them is speaking up for dissidents who are which is how it is portrayed in the a student of Georgetown, for example, being tortured and oppressed by Com- comic book, to Celtic because, you who now has a price on his head from munists. Here is a chance for the know, the Chinese Communist censors, the Chinese Communist Party, and the Democrats to join us in that regard. they don’t want to recognize Tibet— question is whether we are going to Mr. President, there are two separate another area that has been subject to force him to return into imprisonment. bills that I have introduced that I am persecution and oppression from I don’t think we want anyone who is going to discuss. The first is a bill China—and Hollywood meekly com- suspected of spying on the United called the SCRIPT Act. plied. States at all, but to dismiss all of these For years, we have known that Chi- In the sequel to ‘‘Top Gun,’’ the back people as possible spies doesn’t sound na’s surveillance state and censorship of Maverick’s jacket—if you remember to me—does it sound to you?—as con- practices are used to maintain its the first ‘‘Top Gun,’’ maybe the great- sistent with who we are as a people. human rights violations. And what this est Navy recruiting film ever made— Mr. BLUMENTHAL. To answer the devastating pandemic has shown us is you find the Taiwanese flag and the Senator from Illinois very directly, it that China’s surveillance state and its Japanese flag. The Chinese censors is totally antithetical to the principles censorship practices are also profound didn’t like that, and so Hollywood of democracy in the United States of threats to our national security, to our meekly removed the flags. What does it America. It is totally abhorrent to the public health, and to our public debate, say to the world when Maverick is values of our constitutional Nation, as the Chinese Government hid infor- scared of the Chinese Communists? and it is, frankly, absurd. mation about the COVID–19 pandemic I would point out, unfortunately, the Here we are, according to my col- that began in Wuhan, China, hid it for Chinese censorship is being carried out league from Texas, standing up and months on end and allowed millions by Hollywood billionaires who are get- being tough on China, and we are doing across the globe to be threatened— ting richer in the process. what? We are sending back their oppo- their lives and health and safety to be In recent days, it has been reported nents so they can imprison them and threatened. that one of Joe Biden’s top potential kill them? That is the notion of being In addition to their espionage activi- choices to be Ambassador to China is tough on China—to enable them to im- ties, the Chinese Communist Party in- the former CEO of Disney, who happens

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.020 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7691 to be a major Democratic donor. Dis- in front of the Soviet Embassy are pro-choice. Well, the Chinese Com- ney just came out with the movie ‘‘Sakharov Plaza.’’ munist government right now is engag- ‘‘Mulan.’’ In the movie ‘‘Mulan,’’ which Twice I stood on this floor seeking ing in forced sterilizations and forced the director described as ‘‘a love letter unanimous consent, and twice a Demo- abortions, taking Uighur mothers and to China’’—well, this love letter wasn’t crat—the senior Senator from Cali- forcing them to abort their children subtle because right in the credits at fornia—stood up and objected. At one against their will. the end of ‘‘Mulan,’’ they thanked op- point, the senior Senator from Cali- Whatever the Democrats’ views on pressive government forces that are fornia said: Well, if we do this, it will abortion in the United States as a mat- running concentration camps right embarrass the Chinese Government. ter of a woman’s choice, surely they now, with over 1 million Uighurs im- I responded: You are understanding must be united in saying that a govern- prisoned. Disney gleefully thanked the correctly. And that is not a bug; it is a ment forcing a woman to abort her jackbooted thugs who are carrying out feature. That is the purpose. child, to take the life of her unborn torture and murder, and apparently the Let me tell you what happened to child, is an unspeakable atrocity. leader of that effort is one of the top that. Twice, Democrats objected to the So the SHAME Act does something candidates to be America’s Ambassador legislation. I then placed a hold on very simple: It imposes sanctions on to China. President Obama’s nominees to the the Chinese Communist government The Senator from Illinois and the State Department. leaders responsible for implementing Senator from Connecticut said: ‘‘We The Obama administration came to this horrific, 1984-style policy of forced need to stand with people who are op- me and said: How could we move these sterilizations and forced abortions. pressed.’’ I agree. nominees forward? How could we move I had intended to seek unanimous Look, Hollywood could say whatever them forward? consent for the SHAME Act as well, they want, but there is no reason the I said: It is very simple. Pass my leg- but my Democratic colleagues have Federal Government should facilitate islation, and I will lift the hold. said they are not yet able to find a their censorship on behalf of the Chi- The Democratic caucus didn’t like Democrat to object, although my un- nese Communists. The SCRIPT Act that, but they ultimately agreed. So derstanding is they intend to. I hope says: If you are going to let the Chi- the legislation I introduced to rename they reconsider that. nese Communists censor your movies, the street in front of the Chinese Em- A terrific ending for today’s debate you are not going to get access to the bassy ‘‘Liu Xiaobo Plaza’’ passed this would be passing the SHAME Act and jet planes and to the ships and all the body unanimously. saying: We are all standing together different material of the Federal Gov- Ultimately, the House didn’t take it against forced abortions and grotesque ernment that are used in movies. up and pass it, but I will tell you how human rights violations. Maybe that Moments ago, the Senator from Con- that story ends. That story ends in 2017 will happen. Maybe it won’t. But let’s necticut said they want to be tough on when I was sitting down with Rex find out where we are on the question China. Well, we are about to see how Tillerson for breakfast in Foggy Bot- of the SCRIPT Act. tough they are on China. tom—the new U.S. Secretary of State. Mr. BLUMENTHAL. Mr. President. Mr. DURBIN. Will the Senator yield When he spoke to his Chinese counter- The PRESIDING OFFICER (Mr. for a question? parts, he said: They have come back HAWLEY). The Senator from Con- Mr. CRUZ. I will happily yield for a and said that among their top three necticut. Mr. BLUMENTHAL. Mr. President, question. diplomatic objectives with us is to stop reserving the right to object, I think Mr. DURBIN. Can you tell me, if you your bill to rename the street in front we have gone a little bit far afield from are successful and if you hit Hollywood of the Embassy. They are terrified by the six pro-democracy activists living hard, how that provides any solace to the sunlight and sunshine on the dis- the 6,700 Hong Kong students in Amer- abroad. sidents. Mr. CRUZ. If the Senator from Con- ica who are facing deportation back to At the time, Liu Xiaobo had passed, necticut—I have not yet yielded the prison in China? but his widow, Liu Xia, was still in floor. I am about to ask unanimous Mr. CRUZ. The Senator from Illinois China, still wrongfully held back. I told asked a question. Let me tell you how consent, so— Secretary of State Tillerson: I will tell The PRESIDING OFFICER. The Sen- it provides solace—because people who you what. You tell the Chinese that if ator from Texas. are in hell holes, they listen to what they release Liu Xia, if they let her get Mr. CRUZ. Mr. President, as if in leg- we are saying. People who are in hell out, I will stop pressing this particular islative session, I ask unanimous con- holes, they hear the voice—you know, bill. If they don’t, I will keep pressing sent that the Committee on Homeland some time ago, I had the chance to sit it, and we will pass it again because we Security and Governmental Affairs be down with Natan Sharansky, the famed have already done it. discharged from further consideration Soviet dissident. He and I sat down and Within weeks, China released Liu of S. 3835 and the Senate proceed to its visited in Jerusalem. Natan told me Xia. immediate consideration; further, that about how, when he was in a Soviet So you ask, how does this help the this bill be considered read a third time gulag, that in the cells, from cell to people in prison? By not having Holly- and passed and that the motion to re- cell, they would pass notes: Did you wood media moguls spreading Chinese consider be considered made and laid hear what Ronald Reagan said? The So- propaganda. upon the table with no intervening ac- viet Union is an evil empire. Marxism- But let me give you a second choice, tion or debate. Leninism will end up on the ash heap very directly. Do you want to know The PRESIDING OFFICER. Is there of history. ‘‘Mr. Gorbachev, tear down how people are helped? It is a second objection? this wall.’’ bill called the SHAME Act, which, if Mr. BLUMENTHAL. Mr. President. And I will tell you how people here— our Democratic colleagues want to be The PRESIDING OFFICER. The Sen- because if the Senator from Illinois tough on China, we could pass right ator from Connecticut. will remember, I introduced legislation now. Mr. BLUMENTHAL. Mr. President, to rename the street in front of the What does the SHAME Act do? The reserving the right to object on the Chinese Embassy in the United States SHAME Act focuses in particular on SCRIPT Act, which I understand is the ‘‘Liu Xiaobo Plaza,’’ after Liu Xiaobo, human rights atrocities. It focuses on only measure so far on which the Sen- the Nobel Peace laureate who was—let over 1 million Uighurs in concentration ator from Texas is seeking unanimous me finish answering your question. If camps and other religious minorities consent, very simply, he knows, I you want to propound a second one, I and the Falun Gong practitioners who know, we all know that measure will am happy to answer that one too. Liu are captured and murdered and whose never reach the President’s desk. There Xiaobo was the Nobel Peace laureate organs are harvested. And the Chinese is simply no way it can pass both wrongfully imprisoned in China. And Communist Party engages in yet an- Houses of Congress in the next few the strategy of renaming the street in other horror. days before the end of this Congress. front of the Embassy is the strategy My Democratic colleagues like to say The only way we can do something Reagan employed renaming the street on the question of abortion that they for the freedom fighters and democracy

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.022 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7692 CONGRESSIONAL RECORD — SENATE December 18, 2020 advocates in Communist China is to Secondly, the Senator from Con- for our country. Unfortunately, at pass this measure that he has objected necticut said the SCRIPT Act is not least today, that hasn’t yet happened. to, which has unanimously passed the going to pass this Congress. Well, that I yield the floor. House of Representatives. Only H.R. appears to be correct, but that is for The PRESIDING OFFICER. The Sen- 8428 offers that opportunity, and frank- one reason and one reason only, which ator from Connecticut. ly, only this measure that he has ob- is the final two words uttered by the Mr. BLUMENTHAL. Mr. President, jected to does anything for the dis- Senator from Connecticut: ‘‘I object.’’ the only ones happy with the outcome sidents or the democracy advocates or Quite literally by doing nothing, of today’s debate are the Chinese Gov- the freedom fighters directly. quite literally by giving the identical ernment. I regret this outcome because He is talking about movies; we are speech he had just given and then clos- there probably was a time when we talking about human lives. He can ing his mouth before those final two would have cooperated in a bipartisan draw all the kinds of hypothetical con- words—had that occurred, the SCRIPT way on both of these matters. nections between the so-called movie Act would have passed this body unani- It may not have been unanimous. moguls in Hollywood and China, but I mously. There may have been a few contrary think his SCRIPT Act actually works So the only reason the SCRIPT Act votes in the House, but clearly it came against the goal that he is advocating. isn’t passing is because the Senate here with bipartisan support, and I re- Censorship in China is a legitimate Democrats are objecting. And it should gret that the outcome today is not bi- concern, no question about it, and I not be lost on anybody that the Holly- partisan agreement to protect those would welcome the opportunity to wood billionaires who are enriching freedom fighters who came before the work with him on a bill that does themselves with this Chinese propa- Judiciary Committee and who have something about it. But actually his ganda are among the biggest political risked their lives. This issue is not going away. We will bill not only takes away the support donors to today’s Democratic Party in be back because, fortunately, the activ- for the movies that may be made; it the entire country. takes away support for documentaries The Senator from Connecticut said: ists from Hong Kong will persist in about the repressive regime in China, Well, the SCRIPT Act might make it their fight, and we ought to do every- and it takes away classification and possible to have documentaries on the thing we can to make sure they have a other security screening that are nec- human rights abuses in China. Oh, real- safe haven in this country and that essary for those kinds of movies to be ly. That argument staggers the mind. they are protected here. So my closing plea to my colleague shown in this country. I think that It so defies reality because—you know from Texas is that maybe there re- kind of obstacle may be inadvertent on what—Hollywood doesn’t make movies mains time, even in this setting, but, if his part. But I welcome the chance to about the human rights abuses in not, we need to take a stand as a na- work with him on a bipartisan bill, a China. tion against Chinese censorship, truly bipartisan bill that, in fact, in Earlier this year, I had the oppor- against repression by the Chinese, and the next Congress could reach the tunity to meet Richard Gear. Now, come together and work together. I President’s desk. This one that he is of- Richard Gear is not someone you would fering, the SCRIPT Act, goes nowhere. thank the chairman. ordinarily imagine palling around with The PRESIDING OFFICER. The Sen- But I just want to bring us back to a conservative Republican from Texas, the reality that really is at issue here. ator from Florida. but Richard Gear was up here. He was Mr. SCOTT of Florida. Mr. President, Just last Wednesday afternoon of this up here actually standing up against week, two of the activists among the the first thing I want to do is comment Chinese abuses and urging anyone who six pro-democracy fighters living on the discussions we just had. would listen—Republican or Demo- abroad, charged under China’s new na- I have been up here a little less than crat—to stand with him. tional security law, were before our 2 years, and the thing that surprises Do you know Richard Gear has not me is, invariably, the Democrats won’t committee. I am wondering what they made a single major Hollywood movie are thinking when they hear my col- stand up against the Communist Party in a decade? Why? Because he dared league from Texas pounding the table in China. stand with Tibet, and the Hollywood about being tough on China but object- The case that we are dealing with billionaires blackballed Richard Gear. ing to a bill that guarantees them pro- now is they are going to stand up for If you speak out for Tibet, if you do tection. As I say, I am talking about Hollywood rather than rights, rights what the Senator from Connecticut their lives and tens of thousands of that we have here that I am going to just suggested and discuss the Chinese others. I am not talking about movies. talk about in a second. human rights abuses—it doesn’t matter I am not talking about Hollywood mo- We ought to be standing up against that Richard Gear used to be an A-list guls. Communist China stealing our jobs, Hollywood blockbuster actor—boom— Let’s stand up for the lives of those our technology. We ought to be attack- his career is dead because no studio Chinese Hong Kong freedom fighters ing the Communist Party for what will produce a movie with him because now in this country seeking protection they have done to Uighurs, for organ he spoke the truth. through a bill passed unanimously by harvesting, for taking away the basic By the way, my bill presents zero the House of Representatives—the only rights of Hong Kong citizens. barriers to someone actually making a bill that will go to the President’s desk Invariably, I watch my Democratic documentary on the human rights if we approve it. colleagues; they won’t stand up against Thank you. abuses in China because, presumably, if Communist China. I don’t understand I yield the floor. you are making that documentary, you it. This is a party that clearly wants to The PRESIDING OFFICER. Is there wouldn’t allow the Chinese Communist dominate our society, our way of life. objection? Government to censor it. They completely disagree with our way Mr. BLUMENTHAL. I object. I don’t know what kind of documen- of life. The PRESIDING OFFICER. The ob- taries the Senator from Connecticut is I want to thank Senator TED CRUZ jection is heard. familiar with, but I am not familiar for his continued fight for rights, for The Senator from Texas. with documentaries done on tyrants all the rights that we have in this Mr. CRUZ. Three brief observations: and concentration camps where you let country but fighting for those rights so No. 1, the Senator from Connecticut the concentration camp guards edit out people, whether in Hong Kong or in said multiple times that the House bill the stuff they don’t like. That ain’t a Communist China or in Taiwan, have in question passed the House unani- documentary. the same freedoms that we have. mously. I am sure this is inadvertent, The Senator from Connecticut said So I want to thank Senator TED CRUZ but what the Senator from Connecticut perhaps we can work together in a bi- for showing up today and doing this. said is simply wrong. It passed the partisan manner to address this. I hope Mr. CRUZ. Thank you. House by voice vote, which is a very so. Standing together against the op- UNANIMOUS CONSENT REQUEST—S. RES. 806 different thing from passing unani- pression of the Chinese Communists Mr. SCOTT of Florida. Mr. President, mously. It simply means the vote tally would be a very good thing for the U.S. today what I want to talk about is reli- was not recorded. Senate. It would be a very good thing gious freedom. Religious liberty is our

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.023 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7693 first freedom under the Constitution of consider be considered made and laid retail businesses. Houses of worship the United States. Americans have the upon the table with no intervening ac- and religious organizations have been right to freely exercise religion, a sa- tion or debate. subject to neutral restrictions that cred right that I will always fight for. The PRESIDING OFFICER. Is there equally burden religious and nonreli- There is no pandemic exception to objection? gious entities. They were put in place the First Amendment. Unfortunately, The Senator from New Jersey. to do what? To save lives, not under we have seen liberal Governors and Mr. MENENDEZ. Mr. President, re- the guise of doing so and certainly not mayors across the country use the serving the right to object, my col- for the purpose of targeting religious coronavirus pandemic to go after league Senator SCOTT has chosen an in- groups. churches, synagogues, mosques, and teresting point in this pandemic to ob- I am a man of strong faith and con- other houses of worship. For months, ject to public safety measures intended viction. I have always found deep sol- they have argued that houses of wor- to protect human life and ensure scarce ace in the rituals and shared worship of ship should not meet and congregants resources are not squandered. my church. I know many of us have. could not sing. They have condemned Over 17 million Americans—17 mil- But perhaps the most important part in-person worship services as a threat lion—have contracted COVID, that we of my faith is the duty, the responsi- to public safety, all while they applaud know of, and over 300,000 of our friends bility to care for my neighbors up and massive political protests. and our neighbors and loved ones are down the State of New Jersey and all no longer with us. Think about that. We saw it happen right here in the across the Nation. Our faith calls us to September 11 was a great national Nation’s Capital. Mayor Bowser refused ensure the health and safety of this Na- tragedy. I know because I lost 700 of to grant a waiver to the Capitol Hill those 3,000 citizens, on that fateful day, tion before all else. Baptist Church for religious gatherings As a matter of fact, I am reminded of from New Jersey. This is 100 times but supported mass protests that vio- a passage in the Bible of James 2:14. It more than what happened on Sep- lated her own orders. The church had says: tember 11. to sue the city in Federal court for the The people we have lost are not just What good is it, my brothers and sisters, if right to gather, and the court ruled in some nameless numbers but mothers you say you have faith but do not have works? Can faith save you? If a brother or favor of the church. and fathers and grandparents. Essen- It is simply hypocritical and uncon- sister is naked and lacks daily food, and one tial parts of our hearts are gone forever stitutional to target religious institu- of you says to them, ‘‘Go in peace; keep due to a pandemic that has been mis- tions while letting other businesses op- warm and get your fill,’’ and yet you do not handled and mismanaged from the supply their bodily needs, what is the good of erate. We know those on the left will start. And now, when this virus is run- that? So faith by itself, if it has no works, is take every opportunity to infringe on ning unchecked through our commu- dead. But someone will say, ‘‘You have faith Americans’ First Amendment rights, nities, we have before us this resolu- and I have works.’’ Show me your faith apart but we won’t let it happen. tion that is riddled with misstatements from your works, and I by my works will This year has been challenging, and of fact that I find deeply concerning. show you my faith. for many of us, our faith and our com- No Governor wants to see their con- As for me, I will continue to work for munities have helped us through it. stituents cut off from their daily lives, the people of New Jersey, our Government doesn’t have the right to and I think we can all agree that the healthcare workers struggling to care take this away from American citizens. administration here in Washington— for the thousands filling ICU hospital I am proud to lead a resolution today their inability to guide us through this beds, for the families who don’t know with 15 of my colleagues to call out crisis—has left our Governors holding how they will pay next month’s rent those who have wrongly tried to pre- the bag when it comes to securing re- and keep food on the table, for the vent Americans from practicing their sources, providing guidance, and mak- small business owner trying to keep his faith. This is about rights granted to ing the difficult calls about the right doors open, and, yes, for the churches Americans under our Constitution. public policy to prevent COVID–19 from that want the see their parishioners What is the one thing every Amer- rampaging like an unchecked bull in a safe. I, however, do not intend to play ican believes in and has agreed to up- China shop through our States because these partisan games. For those rea- hold. It is our Constitution, which we they know, the Governors of our sons, I object. have each sworn to uphold as elected States, that the lives of their resi- The PRESIDING OFFICER. The ob- officials also. dents—our neighbors, brothers, sisters, jection is heard. We each took the same oath of office: children, and parents—rest in their The Senator from Florida. I do solemnly swear that I will support and hands and these difficult decisions they Mr. SCOTT of Florida. Mr. President, defend the Constitution of the United States must make. freedom of religion shouldn’t be con- against all enemies, foreign and domestic; troversial. This is a fundamental right that I will bear true faith and allegiance to We are still losing Americans from the same; that I will take this obligation COVID–19 at an unprecedented rate. of our Nation, as stated in our Con- freely, without any mental reservation or Hospitals throughout the country are stitution: ‘‘Congress shall make no law purpose of evasion; and that I will well and providing an amazing level of care with respecting the establishment of reli- faithfully discharge the duties of the office exhausted providers and continued re- gion, or prohibiting the free exercise on which I am about to enter. So help me source issues. And our economy is thereof.’’ God. cratering because we cannot fully re- What this resolution says is that the There is no reason anyone should ob- open it until it is safe. Senate affirms its support for the ject to upholding our Constitution. I I am deeply troubled to see a false rights, liberties, and protections en- will always fight for the religious lib- claim about my State and the Gov- shrined in the U.S. Constitution. erty of all Americans, and I look for- ernor banning indoor religious services. There is no pandemic exception to ward to my colleagues passing this im- Let me be clear, houses of worship were the First Amendment. For months, portant resolution today. never ordered closed—never. In fact, across this country, liberal politicians However, I now am going to wait be- today, religious gatherings are allowed have targeted churches, synagogues, cause I understand one of my Demo- to have substantially higher capacity mosques, and other houses of worship. cratic colleagues is going to come ob- limits than most other gatherings. To let this happen undermines the ject to upholding the Constitution and While New Jersey restricted the ca- principle of our Nation and the Con- the First Amendment, the Bill of pacity of indoor religious services, as stitution we have each sworn to uphold Rights. This is shocking to me. they did with all indoor gatherings, re- as elected officials. I don’t understand As if in legislative session, I ask ligious gatherings were never—never— why my colleague, who swore to uphold unanimous consent that the Senate designated as nonessential or essential, the Constitution, would object to a res- proceed to the consideration of S. Res. as this resolution suggests. That dis- olution that simply reaffirms our com- 806, submitted earlier today; further, I tinction was only applied to retail mitment to upholding the Constitu- ask unanimous consent that the reso- businesses. tion. lution be agreed to, the preamble be Perhaps religion is different in Flor- We are blessed to live in a great na- agreed to, and that the motions to re- ida, but our houses of worship are not tion that respects religious liberty and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.025 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7694 CONGRESSIONAL RECORD — SENATE December 18, 2020 the right to worship, especially as we Mr. SCOTT of Florida. Let’s remem- cans. And despite all the good work see countries around the world like ber, the concern was that he didn’t like that has been going on, on a bipartisan Communist China and Iran deny their the section about New Jersey and said basis, we are now looking at less than citizens these same rights. Americans that was inaccurate, but the idea that 12 hours of services for people and to have the right to worship, and govern- the Senate will support religious free- our country shutting down. ment doesn’t get to decide for them. dom, he is not willing to stand behind. And why? Because my colleague, the I am clearly very disappointed that I yield the floor. Republican Senator from Pennsyl- my colleague doesn’t want to protect The PRESIDING OFFICER (Mr. vania, thinks it is more important to the First Amendment, but I will con- YOUNG). The Senator from Michigan. take away the Federal Government’s tinue to stand against these misguided CORONAVIRUS ability to help people and help busi- and hypocritical attempts to target re- Ms. STABENOW. Mr. President, we nesses and create jobs than it is to ac- ligious institutions. I am never going truly don’t have any time to waste. tually help people. Now, I want to say, to stop fighting for the religious lib- The American people are in desperate Senator TOOMEY and I had a wonderful erty of all Americans, even during a need of help. And I want to start by hearing this week in our HELP Sub- pandemic. thanking all of my colleagues who have committee on Finance, of which he I yield the floor. been working so hard together across chairs, and we have been working to- The PRESIDING OFFICER. The Sen- the aisle to bring us to a point where gether doing really important, mean- ator from New Jersey. we can actually provide some help, al- ingful things on Alzheimer’s disease, Mr. MENENDEZ. Mr. President, I beit temporary, to the American peo- and I very much enjoyed doing that. know that my colleague, I understand, ple. So, thank you, and I am pleased to But on this issue—on this issue, at this is going to be the next chair of the Re- have been involved in elements of that time, with so many people in pain and publican Senatorial Campaign Com- negotiation and appreciate it. so much hardship at this moment—I mittee, and he has every right to do But we are stuck right now, and I don’t understand when he said that that, but what he has no right to do is just want to remind people of a few preventing the next Treasury Sec- misrepresent in this resolution what, numbers. More than one in three Amer- retary and the Federal Reserve from at least in my State, is going on. ican adults in a recent survey said they relaunching the emergency credit fa- You cannot say that churches were are struggling to pay household ex- cilities that support manufacturers and designated by the State of New Jersey penses, including rent and mortgage. If other job providers is ‘‘the most impor- as nonessential or essential. That sim- we don’t get something done in the tant thing’’ in this COVID–19 package. ply is not true. It is simply not true. next hours or days, we are going to see Really? Really? The most important You cannot suggest that somehow thousands of people in Michigan lose thing in this package is to take away the tools of the Treasury and the Fed- these purposes are to target religions. their homes in the middle of the win- eral Reserve that have been used when They are to save lives. ter. Now, maybe if my colleague and oth- There are 7.8 million Americans who we are in crisis, and we need to be a ers here had spoken up when the ad- have fallen into poverty since June—7.8 backstop for our businesses in the cred- ministration was asleep at the switch million people have fallen into poverty it market, when we need to be sup- as this pandemic was raging, maybe if since June. The number of people ap- porting job providers and jobs? Really? my colleagues had spoken up when we plying for unemployment keeps rising. Really? That is the most important thing? found out that the President knew There were 885,000 people who filed ini- Tell that to a mom who is afraid her back in January, early February of tial claims last week, and thousands kids will end up on the street because this year, of how vicious this pandemic and thousands and thousands of people she can’t pay her rent in January, could be, how contagious it could be, who are self-employed, who are con- which is what, 2 weeks away. Tell that how it was transmitted, but said noth- tract workers, and others, will find to the small business owner who is hav- ing to the American people—and that themselves with zero support right ing to lay off their entire staff a week silence was echoed in this Chamber— after Christmas, unless we take action. before Christmas. Tell that to a senior A recent survey found that one in well, maybe then we wouldn’t in the citizen who is risking his health by position that we are in. Maybe we four small businesses are in danger of waiting in an hours-long line to get a wouldn’t have lost 300,000 of our fellow closing if the economic conditions box of food. Tell that to the healthcare Americans. don’t improve—one out of four. I have workers who are literally putting their So I find it really, really upsetting talked to so many friends, so many lives on the line right now fighting this that, in the midst of a raging pan- people in Michigan, vibrant small busi- pandemic. demic, one would seek to obtain a po- nesses—they put it all on the line for Really? Taking away economic tools litical value out of something that is that business they always wanted to from the Treasury and the Fed are simply not the case—simply not the have—and now they are barely holding more important than people in our case. I think there is a lot more to be on. They need help, and they needed country? Small businesses? Farmers, done in this Chamber to stop this pan- help before now. They need help now. who have been hanging on? Really? demic, to stop more lives from being They are waiting and waiting and wait- Tell that to the thousands of Amer- lost, to save our brothers and sisters, ing and holding their breath. ican families who are preparing for to help those who have been ravaged by Up to 50 million Americans are strug- their first holiday without loved ones the pandemic, but not to pick a few gling to feed their families right now. who have been lost to the virus. Just States that happen to be Democratic— One out of four American households yesterday, another loss in Michigan— please. have experienced food insecurity in so many losses, thousands of losses— The PRESIDING OFFICER. The Sen- this last year—so one out of four but a dear friend, a sheriff of Wayne ator from Florida. households. People who volunteer at County, Benny Napoleon, his family, Mr. SCOTT. So if my colleague from the food bank and people who have al- today, a funeral for a friend as well in New Jersey’s concern is the paragraph ways contributed to the food bank now Detroit. numbered 4 on page 3, I would ask him find themselves waiting in their car for So the most important thing is not if he would object if we just take that hours and hours for a box of food in the supporting families, is not helping peo- paragraph out and then he would be United States of America. We not only ple at least get through the winter, at willing to affirm that the Senate be- have a health pandemic; we have a least get through the next several lieves in religious freedom. hunger crisis going on, and people need months to put food on the table and a The PRESIDING OFFICER. The Sen- help now. roof over their heads and help their ator from New Jersey. On top of that, this past Wednesday, businesses and make sure the vaccines Mr. MENENDEZ. The resolution is 3,638 Americans died in 1 day of can be distributed and support our replete with inaccuracies, and, there- coronavirus, and we are now looking at healthcare workers and put money into fore, I will continue to object. government services shutting down in education and all the other things that The PRESIDING OFFICER. The Sen- less than 12 hours—the backdrop of ev- are needed right now—the most impor- ator from Florida. erything that is happening for Ameri- tant thing is to have a fight with the

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.026 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7695 Treasury and the Fed because you try right now? Just cross-partisan poli- paycheck, trying to survive on a star- want to limit what they can do in tics wanting to set up a way for the vation wage of 10 or 12 bucks an hour. terms of their powers to help people next President to fail? Because when The reality is that millions of our sen- and to help businesses in a crisis. colleagues take away tools that a ior citizens are trapped in their homes, Our Nation is in a crisis, and we President—any President—and the unable to see their kids or their grand- would be in an even deeper crisis right Federal Reserve have to boost the children, unable to go to a grocery now if it weren’t for the Federal Re- economy and prevent economic col- store, and many of them are trying to serve. The Federal Reserve stepped in lapses, they are saying they care more get by on $12,000-, $14,000-a-year Social early during the crisis. Under the cur- about that cross-political fight—make Security and scared that they may rent administration, I might add, sure somebody looks bad and make come down with the virus and die. where nobody was suggesting that we sure somebody fails—rather than car- In addition, millions more with dis- provide these kinds of amendments or ing about the people we represent who abilities are suffering. Further, in our restrictions then—under the current create the jobs, the businesses, large country today, one out of four workers administration, under the Trump ad- and small, and the people who have is either unemployed or makes less ministration, I didn’t hear that debate. those jobs and the people who need than $20,000 a year. And in the midst of Maybe I missed it, but I didn’t hear those jobs. this pandemic, because we are the only that debate. But thank goodness we Michigan is the proud home to so major country on Earth not to guar- didn’t have a debate because they many small- and medium-sized manu- antee healthcare to all people as a stepped in early, taking extraordinary facturing businesses that employ thou- right—in the midst of this pandemic, measures to keep credit from freezing sands of people. I know there are those the worst healthcare crisis in 100 years, up for our businesses. This is the same businesses across the country, in- over 90 million Americans are unin- money that businesses use to provide cluding the State of Pennsylvania, sured or underinsured and unable to go services and keep people employed. where my colleague is advocating for to a doctor when they need to. And I have to say, as someone com- this. Further, we have the worst eviction ing from a major manufacturing State I would urge—strongly urge—at this crisis in modern history. Some 30 mil- like Pennsylvania, like Ohio, like Indi- moment in time, at the end of what has lion families worry that because they ana, like Wisconsin, that having the been such a horrible, difficult year for cannot pay their rent, they may end up capacity for the Fed to step in and pro- Americans, I would urge my colleague out on the street. vide some confidence in the market- from Pennsylvania and any others sup- That is where we are today economi- place so that our auto suppliers and porting him to try stop trying to un- cally, and if this country means any- our other manufacturers could get dermine American jobs and our ability thing—if democracy means anything, if what they needed in terms of the cred- as a country to respond to the eco- the U.S. Government means anything— it, it was critical to jobs—thousands nomic crisis that is still happening. it means that we cannot turn our backs and thousands and thousands and thou- Let’s stop stalling. We need to do our on this suffering, not in Vermont, not sands of jobs. jobs to keep our military going and in Wisconsin, not in New York, not in The emergency powers that the Fed- healthcare and education and transpor- any State in this country where people eral Reserve passed were put in place tation and all the other critical serv- are hurting in an unprecedented way. during the 2008 financial crisis so that ices that the Federal Government It means that we cannot leave Wash- the Fed could respond quickly to the funds. And we need to pass this critical ington, as Senators, for the holidays to next crisis. Well, here we are in the COVID legislation today and give the go back to our families unless we ad- next crisis. The crisis is all around us, American people the help they need dress the pain and anxiety of other and yet some are laser-focused on tak- and the help they deserve to survive families throughout this country. ing away the Fed’s ability to respond the next few months of this health and Mr. SCHUMER. Would my colleague in the future with a new President— economic crisis. from Vermont yield for some support not the current sitting President but a A wonderful bipartisan effort brought for his amendment? future President. This is like a fire de- us to this moment where we can pro- Mr. SANDERS. I would be happy to partment selling off their fire trucks vide a critical lifeline to Americans yield to the minority leader. while houses down the street are burn- across our country. Mr. SCHUMER. I will speak briefly. It would be a tragedy and an outrage ing. And I thank my colleague. Now, 2020 has been brutal—really if efforts to undermine our economy I join my friend Senator SANDERS to brutal—on families and businesses and and the success of our incoming Presi- support his amendment to give $1,200 in communities across the country. And dent stop this urgent help from being direct financial support to the Amer- this crisis is not over. I really wish it passed. We need to get this done now. ican people in the yearend emergency was. I mean, we have hope because of I yield the floor. relief bill. the vaccines and more effective testing The PRESIDING OFFICER. The Sen- Now, this effort should not subtract and so on, but this isn’t over, and ator from Vermont. from any other program already in the things could get worse in 2021 if we sab- UNANIMOUS CONSENT REQUEST—S. 5063 bill, like enhanced unemployment, aid otage the very things that helped us Mr. SANDERS. Mr. President, this to small businesses, education, this year. If this is how you are setting country faces the worst set of public healthcare, or any other provision. We up a new President to not have the health and economic crises that we don’t need to offset the cost or cut tools to make the economy better, have faced in over 100 years. from elsewhere in the bill to make sure what does that say about what people As a result of the pandemic, more the stimulus checks are $1,200 for each care about—the people we represent? people than ever before are becoming adult and then money for children and Because, ultimately, it is about people infected, right now. Hospitalization is others, as he will elaborate. Much of losing their jobs; it is about businesses. higher than it has ever been before, the money will go back into the econ- This is more than just about cross-par- right now. And more people are dying than ever before, literally day after omy anyway. tisan politics. The reason for the amendment is My friend Senator SCHATZ, who has a day. simple. Over the course of this pan- way with words, on Twitter, put it this Now, we all hope and pray that the demic, working Americans have taken way: new vaccine will be distributed as quickly as possible and that it will put it on the chin. Millions have lost their We almost have a bipartisan COVID pack- jobs through no fault of their own. age, but at the last minute Republicans are an end to this nightmare. But, today, making a demand that WAS NEVER MEN- the truth is that millions of low-in- Twenty-six million have had trouble TIONED AS KEY TO THE NEGOTIATIONS. come and middle-class families are suf- putting food on the table in the last 5 They want to block the FED from helping fering in a way that they have not suf- weeks, bread lines stretching down the economy under Biden. It’s the reason we fered since the Great Depression of the American highways. Twelve million don’t have a deal. 1930s. Americans will owe an average of $6,000 Is that really the reason we don’t Today, the reality is that over half of in rent and mortgage payments. So we have a deal to help people in our coun- our workers are living paycheck to have an opportunity in this emergency

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.030 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7696 CONGRESSIONAL RECORD — SENATE December 18, 2020 relief bill to give financial aid di- breaking profits, the Republican lead- in July—over 5 months ago—and dur- rectly—directly to those Americans. It ership here in the Senate was able to ing that time, the Republican Senate could mean the difference between provide over $1 trillion in tax breaks to has done nothing to help working fami- Americans paying the rent or not, af- the 1 percent and large corporations. lies pay their rent, feed their children, fording groceries or not, the difference Yes, at a time when climate change— go to a doctor, or pay for the lifesaving between hanging on until the vaccine yes, climate change is real—threatens prescription drugs they need. And the helps our country get back to normal. the entire planet, this Congress was Senate has not done anywhere near Now, the only objection we have able to provide hundreds of billions of enough to provide help for the strug- heard is that this will add too much to dollars in corporate welfare to the oil gling small businesses in Vermont and the deficit. That is why a Republican companies and the gas companies and all across this country that are des- Senator rejected a similar request ear- the coal companies that are exacer- perately trying to stay afloat. lier today—to push a baseless agenda of bating the climate crisis. Further, as bad as the economy has austerity. Please. Yes, just the other day, here in the been in general, it has been far worse By now, Republican objections over Senate and in the House, legislation for African Americans and Latinos. the debt and deficit are comical. They was passed which would provide $740 During the pandemic, nearly 60 percent added $2 trillion to the debt with a billion to the military—the largest of Latino families and 55 percent of Af- massive tax cut for corporations and military budget in history, more than rican-American families have either the wealthy, and that was during a the next 10 nations combined. We spend experienced a job loss or a cut in pay. steady economy. But now the economy more on the military than the next 10 For 9 months, we have asked tens of is on life support. Americans are queu- nations combined. millions of working people in this ing up on bread lines and filing for un- So we could do all of those things— country to survive on one $1,200 check, employment. Just as a Democratic tax breaks for billionaires, massive with no help for healthcare, no support President is about to take office, all of corporate welfare, huge military ex- for hazard pay, no assistance for rent the sudden the deficit scolds are back. penditures—but in the midst of the relief—absolutely nothing. Meanwhile, It is ludicrous. Chairman Powell— worst economic meltdown since the I should mention that over the same 9- hardly a big liberal—of the Federal Re- Great Depression, somehow Congress is month period, 651 billionaires in the serve insisted: ‘‘The risk of overdoing unable to respond effectively to the United States became over $1 trillion it is less than the risk of underdoing needs of working families. richer. A trillion dollars in increased it.’’ As the Presiding Officer may know, I wealth for the very richest people in The quickest way to get money into have recently introduced legislation to our country and one $1,200 check for the pockets of the American people is provide every working-class American tens of millions of Americans des- to send some of their tax dollars right an emergency payment of at least perately trying to survive. That is un- back where they came from. So let’s $1,200, which is $2,400 for a couple and conscionable, that is immoral, and that step up to the plate and deliver the $500 for each of their children. has to change. $1,200 survival checks to millions of This is not a radical idea. This is an Now, let us recall that way back in Americans before the holidays. idea that is supported by President May, the House of Representatives I support Senator SANDERS’ request Donald Trump. It is an idea that is sup- passed the $3.4 trillion Heroes Act, fully and hope the Senate will consent. ported by President-Elect Joe Biden. It which, among other things, included I yield back. is an idea, by the way, that according $600 a week in supplemental unemploy- Mr. SANDERS. Let me thank the to a recent poll, is supported by 75 per- ment benefits; another direct payment senior Senator from New York, the cent of all Americans, including 77 per- of $1,200 for working-class adults and Democratic leader, for his strong state- cent of Democrats and 72 percent of Re- $500 for their kids; and generous sup- ment. He is exactly right. In this kind publicans. port for small businesses, hospitals, of crisis, it is comical that suddenly Further, importantly, this amount of education facilities, and State and our Republican friends, once again, dis- direct payment is exactly what Con- local government. In other words, the cover that we have a deficit. This is a gress passed unanimously 9 months ago House passed a $3.4 trillion bill that moment of emergency—of emergency— as part of the $2.2 trillion CARES Act. was, in fact, a very serious effort to ad- and we have to respond to the needs of Let me repeat. In March, every Mem- dress the enormous crises facing our working families. And I thank Senator ber of the House and Senate, appro- country. SCHUMER for his strong support for this priately, including myself, voted to I should also add that in July, sev- legislation. provide a direct payment of $1,200 for eral months later, the House passed an- Members of Congress should also be working-class adults, $2,400 for couples, other version of the bill, so-called He- aware that we are far behind other and $500 for their kids. roes 2, and this legislation was for $2.2 major countries in terms of protecting That was the right thing to do 9 trillion. working families during this pandemic. months ago. And given the fact that That same month, in July, Senate Not only does every other wealthy the crisis today is, in many respects, Majority Leader MITCH MCCONNELL country guarantee healthcare to all worse than it was 9 months ago, that is proposed a $1.1 trillion bill that also people as a human right, almost all of exactly what we should be doing right provided a $1,200 direct payment for them are providing far more generous now. working-class adults and $500 for their benefits to the unemployed and the As a result of the pandemic, the gov- kids. Then, in October, Secretary struggling in their countries than we ernment told restaurants, bars, retail Mnuchin, in negotiations with Speaker are doing in our country. stores, movie theaters, schools, malls, PELOSI, proposed a COVID relief plan Several months ago, I introduced leg- small businesses all over this country: for $1.8 trillion. That is Mnuchin rep- islation, along with Senator KAMALA Shut your doors. It is too dangerous for resenting the Trump administration. HARRIS—now our Vice President- you to be open now. And they did that So in the last number of months, we elect—and Senator MARKEY that because that is what the public health have had major proposals of $3.4 tril- would, during the course of this eco- experts said was the right thing to do lion, $2.2 trillion, $1.8 trillion, and from nomic crisis, provide $2,000 a month— in order to control this horrific pan- Majority Leader MCCONNELL, $1.1 tril- $2,000 a month—to every working-class demic. lion. Yet today, right now, after person in this country. And, frankly, But what the government has not months of negotiating by the so-called that is exactly what we should be done is provide the workers who lost Gang of 8, we are now down to just $908 doing. But, unfortunately, given the their jobs and lost their incomes as a billion in legislation, and that includes conservative nature of the Senate, I result of those shutdowns with the help $560 billion in offsets, in unused money, understand that is not going to happen. that they need in order to pay their from the CARES Act. Yet, at a time of massive income and bills and to survive economically. So what we are talking about now is wealth inequality, as Senator SCHUMER The $600 a week in supplemental un- going from an original House bill just indicated, at a time when huge employment benefits that Congress passed in May calling for $3.4 trillion in corporations were making record- passed unanimously in March expired new money, down to today $348 billion

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.031 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7697 in new money—roughly 10 percent of few weeks in July and those conference often. The Senator from Vermont has what Democrats thought was origi- calls in August was, before we author- offered a few numbers, but let me quote nally needed. In my view, the $348 bil- ize any more money, before we further a couple. Let me just kind of lay it out. lion in new money that is included in mortgage our children’s future, why I didn’t have enough time to do a the proposal now being discussed is to- don’t we first repurpose and redirect chart, so I will try and go through this tally inadequate given the nature of what we already passed because what slowly, but I think it is important to the unprecedented crises that we face. we passed, we passed very quickly be- put this all in perspective. The American people cannot wait cause we had to. We had to do some- Prior to the COVID recession, we had any longer. They need economic relief thing massively, and we did something a record number of Americans em- right now. Their kids are going hungry. massively so that markets wouldn’t ployed at the end of December 2019. They are being evicted from their seize, so that the people—the individ- Just under 159 million Americans were homes. They can’t go to the doctor. uals who were out of work through no employed. By April, 2 months into the They need help, and they need it now. fault of their own and the businesses pandemic, 3 months into the pandemic, Every working-class American needs that were shut down through no fault employment had dropped to 133 mil- $1,200 at least, $2,400 for couples, and of their own could get financial relief. lion. That is a loss of over 25 million $500 for children. So we came together unanimously, jobs—25 million—which is why we Let me be clear to emphasize a point and we did that, but doing it fast, acted, why we acted in a bipartisan that Senator SCHUMER made, and that doing it massively—I certainly knew it fashion to provide relief for those peo- is, what I am talking about now is was going to be far from perfect. We ple—25 million—who had lost their money that must not be taken from found out the Federal Government ac- jobs. other important priorities like 16 tually has a hard time spending $3 tril- Now, the good news: It is hard to weeks of supplemental unemployment lion because, over the course of a num- keep the American economy down benefits; aid for small business, nutri- ber of months, they didn’t spend it all. when you don’t overtax, when you tion, housing, education; and the other They couldn’t even obligate it. don’t overregulate. So in November— important provisions in this bill. We So what Republicans did during the the latest figures we have—there are need adequate funding to address the August recess—because we couldn’t now just shy of 150 million Americans unprecedented crises that we face. We come to an agreement by the end of employed again. I realize some are un- should not and cannot and must not July—was we worked long and hard on deremployed, but still you have 150 take from Peter to pay Paul. We can- a targeted bill, more than $600 billion, million Americans employed—down not cut unemployment benefits in $300-plus of it for people on unemploy- about 9 million jobs from that record order to help small business. We have ment, $260 billion for small businesses, high when unemployment was only 3.5 to do it all, right now. $100 billion for education, and tens of percent. We had a record economy be- So, Madam President, as if in legisla- billions of dollars for vaccines and test- cause we stopped overregulating and tive session, I ask unanimous consent ing and agriculture and childcare. We we had a competitive tax system. Now that the Senate proceed to the imme- offered that on the floor, and 52 Repub- the unemployment rate is 6.7 percent. diate consideration of S. 5063, which I licans voted to proceed to that bill. In the CARES Act, which I supported introduced earlier today, which would Democrats just said no. because I want to help people, part of I felt it was a crisis, an emergency, provide a $1,200 direct payment to that was the economic impact pay- and we shouldn’t have been turning our every working-class adult, $2,400 for ments—basically what the Senator backs on these people who are suffering couples, and $500 for their children; and from Vermont is proposing here in this in September. Democrats said no. All bill he wants to pass by unanimous that the bill be considered read three they had to do was say yes. They consent. It spent $274 billion. It was times and passed and the motion to re- couldn’t take yes for an answer. consider be considered made and laid Madam President, I often use this paid to just under 166 million Ameri- upon the table. analogy: I go up to you, because I know cans, for an average check of about The PRESIDING OFFICER (Ms. MUR- you are a generous person, and say: $1,673 per person. KOWSKI). Is there objection? Madam President, give me 200 bucks. You can break that down into house- The Senator from Wisconsin. And you kind of look at me with a lit- holds because, according to the Federal Mr. JOHNSON. Reserving the right tle shock and say: Well, I won’t give Reserve Bank of New York, the average to object, the Senator from Vermont you 200, but I will give you 100. Then I check per household was $2,400. That is made a couple of statements that I go stomping off and say: No; it is $200 115 million households that got a would just like to repeat the words: or nothing. check—115 million. Now, remember, at that we are in a crisis; this is an emer- That is what the Democrats did to the low point, 25 million Americans gency; we can’t turn our backs on the over $600 billion in needed and nec- had lost their jobs. We sent checks to suffering. essary relief for the crisis, for the 115 million households—41⁄2 times the I agree. I have agreed for months. emergency, for the people we don’t number of people who had lost their But he also said something that is want to turn our backs on because they jobs. completely incorrect. You might call it are suffering. If they were really seri- My problem with the CARES Act, a lie. He said that Republicans have ous and they actually wanted a result, with the first four packages, is it was a done nothing. That is not true. if they wanted to relieve the suffering, shotgun approach. We just spent I was on daily calls during the Au- wouldn’t the logical thing have been to money. We just opened up the spigot, gust recess after we had attempted and say yes, take $600 billion, pocket it, get and we just sent it all over the place. were debating internally a trillion-dol- that relief flowing in September, and We didn’t have time to target it to lar package at the tail end of July be- then come back and argue for more? those who really needed it. As a re- fore the August recess, recognizing— But they said no. They were cynical. sult—and we are seeing today—busi- and I was one of the ones pointing They played politics with it. And that nesses that needed it, business owners, out—the fact that we had already is what they are doing here today. small business owners, have been wiped passed, as the good Senator from I am sure, to paraphrase a widely out of their life savings. They didn’t Vermont said, over $3 trillion in four known saying, that the road to total get relief. different COVID relief financial pack- national bankruptcy is paved with It wasn’t well designed. It wasn’t ages early in the pandemic. At that good intentions. I am sure that is true. well targeted. And we probably spent point in time, there was $1.2 trillion of I don’t question the good intentions of hundreds of billions of dollars and sent that unspent. A big chunk of that any Member of this body. We all want it to people who didn’t need it. wasn’t even obligated. Today, as we to provide the relief. We all want to re- We are $27.4 trillion in debt today. stand here debating this now, we still lieve suffering. We all want to help fel- That is 128 percent of the size of last have a little under $600 billion unspent low Americans who are hurting year’s economy. If this bipartisan deal and unobligated. through no fault of their own. goes through, about $1 trillion, we will So the point I was making to my Re- But we talk about suffering. We use be at $28.4 trillion in debt—132 percent publican colleagues during those last words. We don’t look at numbers very of our GDP.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.033 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7698 CONGRESSIONAL RECORD — SENATE December 18, 2020 I remember the good old days when I 2009, we had the great recession. Let The PRESIDING OFFICER. The ob- first got here. I ran because we were me quote some employment figures jection is heard. mortgaging our kids’ future. We were a from that. The Senator from Vermont. little over $14 trillion in debt, and In January 2008, we had 146 million Mr. SANDERS. Madam President, when the economy was over $15 tril- Americans employed. Remember, the Senator from Wisconsin talks lion, we were under 100 percent debt-to- today we have 149 million. Our record about Democrats not taking yes for an GDP ratio. was 159 million, but there were about answer. Let me tell you what we did What the Senator from Vermont is 146 million before the great recession. not take for an answer. We did not proposing is basically duplicating, By December 2009, it had dropped, hit take for an answer the Republican bill, without any reforms that I know of, the low point of 138 million people which did not have a nickel for unem- those economic impact payments from working; 8 million people had lost their ployment benefits. We did not take yes the CARES Act, another $275 billion, jobs. for an answer for a bill that did not for a total of $550 billion—a half a tril- In January, 2009, President Obama have a nickel for direct payments. lion dollars sent out again to 115 mil- was inaugurated, had total control of The Senator from Wisconsin talks lion households when right now we government, a filibuster-proof Senate, about the deficit. Yet the Senator from have only—not ‘‘only,’’ this is tragic. control of the House. He could pass Wisconsin voted for over $1 trillion in Every job lost is a tragedy. But we anything he wanted, and they did. tax breaks for billionaires and large, have 9 million jobs less than we had They passed the $787 billion American profitable corporations. That is OK. when we had a record level of employ- Recovery and Reinvestment Act of The Senator from Wisconsin voted ment before the recession—9 million 2009. They did that in February 2009. At for a bloated military budget, $740 bil- jobs lost, 115 million households. That that point, there were 141.6 million lion. That is OK. is 12.6 times the number of jobs that Americans working—141.6 million The Senator from Wisconsin supports have been lost. Americans. The unemployment rate hundreds and hundreds of billions of I think the question needs to be, if was 8.3 percent. Again, throughout dollars in corporate welfare. The Sen- we are going do this again, is there any 2009, that stimulus didn’t work too well ator from Wisconsin threw out some sense, any information in terms of how because unemployment fell to 138 mil- numbers. Let me throw out some other the $275 billion is spent? Well, we have lion Americans. It took 3 years—3 numbers. Half of the people in this an answer from the Federal Reserve years—until January 2012, because of country are living paycheck to pay- Bank of New York. They do a monthly overregulation and overtaxation, to re- check. Millions of workers are trying internet-based survey called the Sur- turn to February 2009 levels of 141.6 to survive on starvation wages of 10 or vey of Consumer Expectation. They did million Americans working—3 years. 12 bucks an hour. Ninety million people two special surveys, one in June and That is what we call a slow, non- are uninsured or underinsured, can’t one in August. The June survey took a existent recovery. afford to go to a doctor. Nineteen mil- look at how those households spent the Oh, a quick aside: The Senator from lion families are spending half of their $2,400 checks. Here are the results: 18 Vermont is talking about how we need limited incomes on housing. percent of those checks were spent on the $600 plus-up for the unemployed be- Today, we have the most severe hun- essential consumption—essential; 8 cause they are suffering. President ger crisis in America that we have had percent was on nonessential, the fun Obama, with Speaker PELOSI and Ma- in decades. Children in this country are stuff, I guess; 3 percent on donations— jority Leader Reid, with a filibuster- going hungry while half a million peo- Americans are still generous—for a proof Senate—they provided a $25-per- ple are homeless and many millions total of 29 percent spent on consump- week plus-up to State unemployment more fear eviction. tion. The marginal propensity to con- when they had total control. Now they Today, as a result of the pandemic, sume was 29 percent. For the remain- are demanding $600. I know that is not not only do we have the worst der, 71 percent, half of it was put to part of what the Senator from Vermont healthcare crisis in 100 years but the savings—spent on increasing savings— is asking for in terms of a unanimous worst economic crisis since the Great and the other half was paying off debt. consent request. I thought it was just Depression. They also studied how the unemploy- somewhat noteworthy. I say to my colleague from Wis- ment plus-up was spent. It had pretty Again, I am not heartless. I want to consin, yes—I will not support pro- similar results: 24 percent of those dol- help people. I voted to help people. I posals that do not provide a nickel in lars went for essential consumer goods; voted for the $2.2 trillion CARES Act, unemployment benefits, not a nickel in 4 percent, non-essential; 1 percent, do- but I also am concerned about our chil- direct relief to tens of millions of low- nations. Again, a total of 29 percent dren’s future and the fact that we are income and middle-income families. was consumed; 71 percent was either mortgaging it. We do not have an un- I would hope very much that this saved or used for debt reduction. limited checking account. We have to Congress appreciates the pain that is They did another special survey in be concerned about these things. out there and that instead of worrying August, asking those same 1,300 house- My complaint about the Senator about tax breaks for billionaires or cor- holds that they surveyed: How would from Vermont’s bill—and, quite hon- porate welfare, let’s pay attention to you spend a $1,500 check? Not $2,400— estly, the bipartisan effort—we have the needs of working families, and let $1,500. The response was that 14 percent $600 billion unspent, unobligated. Let’s us pass legislation which includes would be spent on essential items, 7 work long and hard. Let’s look at eco- $1,200 direct payments to working class percent on nonessential, 3 percent on nomic data. Let’s target it properly. families, as we did in the CARES Act, donations. But only 24 percent of a new Let’s not just shotgun it out to the 500 bucks to their kids, and certainly check would actually be spent on con- economy again, wasting tens, if not not taking a nickel away from unem- sumption; 76 percent would either be hundreds of billions of dollars. Let’s ployment and the other important pro- saved or pay off debt. focus on that. Let’s pretend it is like visions that are currently being nego- That is not very good economic stim- real money—like it is our money—and tiated. ulus. Again, the numbers are without spend it well. We don’t need to mort- The PRESIDING OFFICER. The Sen- any reforms, without trying to target gage our children’s future by another ator from Ohio. the dollars to people who really need $300 or $400 billion. We don’t need to do Mr. PORTMAN. Madam President, to it. I would want to do that. I would like that. my colleague from Vermont, my under- to work with anybody to try and get We can alleviate suffering. We can standing is that in a room somewhere that relief flowing as quickly as pos- help our fellow Americans. We could near here right now, those negotiations sible to get it to the individuals who have done it in September, but the are ongoing, and there certainly better need it. I am sure the need is still good Senator from Vermont and all of be unemployment insurance. That was great. It is greater than 9 million. I un- his colleagues on the Democratic side in our bipartisan framework that I derstand that. But let’s look at some simply won’t take yes for an answer, worked with the Presiding Officer on. figures. and my guess is, they are taking that And there certainly better be not just I do want to point out a past stim- same stance today. So, Madam Presi- an extension of the existing Federal as- ulus in terms of its effectiveness. In dent, I object. sistance for self-employed workers and

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.045 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7699 gig economy workers and for those who should never have these shutdowns. is that there has been a massive, high- are now benefiting from the Federal They don’t make any sense. By the ly sophisticated, and ongoing cyber at- extension, the 13-week extension, but way, to my Republican friends who tack that has compromised the net- also additional funding. My under- think these shutdowns are good be- works of multiple Federal agencies and standing is direct payments are also in cause you shut down a lot of govern- the private sector. the mix. ment, and it seems like you would save According to reports, for months I just wish they would get their work money—we never save money. The tax- now—months—hackers—our intel- done. It has been 9 months since the payers always pay more. You go back ligence experts think they are most CARES Act was done. I just hope we and provide backpay even for services likely connected with the Russian Gov- can figure out a way to get through the that aren’t provided. ernment in some way. That is what hurdles that remain. I have spent much I think we have to figure out a way, they tell us. But these hackers have of the day—as have my colleagues, I when we can’t get our work done here— engaged in an espionage effort to ac- am sure—talking to colleagues, trying and that is why this is happening. We cess information in some of our biggest to figure out how to fix the last couple have not gotten our spending bills, ap- Federal agencies that hold some of our of issues that apparently are out there. propriations done here. Therefore, we most sensitive data and our most sen- But my hope is that even if it is not a are facing a government shutdown sitive and important national security perfect bill for me—and it won’t be. I again. At midnight, we turn into pump- secrets. know it won’t be. We spent 3 or 4 weeks kins. It means the government starts Also, again, many U.S. private com- working on legislation that is bipar- to get shut down. panies were hacked, as well. These tisan that isn’t what any of us would By the way, it creates confusion and hackers are smart. They targeted some have crafted individually, but it pro- uncertainty for Federal workers, of of these agencies that do handle things vides that needed help right now. We course, who are wondering, are they like national security—the State De- need it both for the economic crisis going to have their job and are they partment, for instance, the Depart- that has been caused by this virus but going to get paid, but also confusion ment of Homeland Security, the De- also the healthcare crisis, which, un- and uncertainty for a lot of citizens partment of Energy and its Nuclear Se- fortunately, is getting worse in my who are depending on the services that curity Administration. home State of Ohio and not better. would otherwise be provided. It is so This is scary stuff. Others, like the The vaccine is on its way. That is inefficient. If you believe in the effi- National Institutes of Health, were very exciting. I believe that the vac- ciency of government and you believe hacked. Of course, they are closely in- cine development and now the distribu- in, you know, not wasting money, you volved with our work to respond to the tion are actually quite impressive. I shouldn’t want these government shut- COVID–19 pandemic, so also a lot of im- think the administration deserves downs. portant, sensitive information could credit for that, as do so many hard- My hope is that we do pass a con- have been hacked. They are a treasure working scientists who have been tinuing resolution at least to kick us trove of information. These are agen- sleeping in their offices, making sure into the next couple of days so that we cies that protect our homeland, pro- that we have this vaccine available. don’t have a shutdown tonight. That mote our freedom abroad, and are on But there is going to be a bridge here. would be such a disaster for so many the frontlines battling this pandemic. There is a time period between now and people. And it could last a long time, But what we know today may be just March and April when it is not going to by the way, as these shutdowns did the tip of the iceberg, we are told. Ex- be readily available to everybody we over the last couple of years. It doesn’t perts expect the number of agencies as represent. During that time period, we just mean it is a few days. Let’s just well as a number of private companies need a bridge. We have needed it for a not go into shutdown at all. victimized by this attack will only con- while, so my hope is we will get that I have introduced legislation called tinue to grow. done tonight. End Government Shutdowns for 10 The main IT monitoring platform be- TRIBUTE TO TERESA SIMMS years now. I have introduced it in five lieved to have been hacked was used Madam President, I also want to different Congresses. We have 33 co- across the government and by 33,000 mention briefly, I just came in on the sponsors. I think it has more cospon- private companies. Shockingly, we also underground subway from the offices sors than any other bill like it, but know that FireEye, the preeminent and ran into a woman who has spent 41 there are other ideas out there, and I cyber incident response firm, was also years working here for us—one of those am open to them—just some way to get breached. So think about this. FireEye, selfless, hard-working employees of the away from these shutdowns. Our bill which is a company that people call United States Capitol. Her name is Te- says you just can’t shut it down. When when they are hacked, was hacked. resa Simms. Many of you know Teresa. you are going for a shutdown, instead, We are still learning the details She always has a smile on her face. She you just do a continuing funding from about this attack, but what we know is is always optimistic. She always has a the previous year. And then, by the chilling. Federal investigators from focus on providing the best service to way, over time, you reduce that by 1 the Cybersecurity and Infrastructure all of us—staff, other employees, Mem- percent every 90 days and every 60 days Security Agency, CISA, under the De- bers. She started in the cafeteria. She to get the attention of the appropri- partment of Homeland Security, the then went to the night cleaning crew, ators to get them back to work. Other FBI, and also the Office of National In- cleaning offices here in this place at people have other ideas. Our bill has telligence, the ODNI, are all working night. And then she was promoted to been bipartisan in the past. I don’t be- to determine how this happened, what being one of the drivers of the subway. lieve it is today, but it does have 33 co- the extent of it is. For 41 years, again, she has done that sponsors. But it looks like the main vulnera- job dutifully, with great commitment. My hope is that we can figure out a bility was through a SolarWinds’ plat- She is going to retire and spend more way to end these government shut- form, which is an IT monitoring plat- time with her family and, particularly, downs with simple legislation that form widely, again, widely used by the take care of her mom, who is ill. To- says: Let’s just not do it. I don’t think government and the private sector to night we want to offer our thanks and it provides healthy leverage. I think it oversee the operation of other com- gratitude to her and our best wishes to provides, again, uncertainty and confu- puter networks. her in retirement. sion. The hackers disguised their entry GOVERNMENT FUNDING CYBER SECURITY into these Federal agencies and com- The other thing that is going on to- Madam President, 2020 has been a pany systems in a troubling and clever night—I will say, I guess it is obvious— tough year, let’s face it. And, unfortu- way. They exploited a vulnerability in is that we are about to hit the govern- nately, it looks like the challenges a security patch sent out by ment shutdown time period again. I haven’t ended. I came to the floor to- SolarWinds to update its software. I mean, we are only about 61⁄2 half hours night, primarily, to talk about some want to emphasize that—the security from another government shutdown. shocking and disturbing news we just patches that we all advocate to be in- That is totally unacceptable. We heard over the last few days, and that stalled as soon as possible to protect

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.046 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7700 CONGRESSIONAL RECORD — SENATE December 18, 2020 our networks as basic good cyber hy- this. This breach has to be a wake-up Mr. PORTMAN. Mr. President, I sug- giene was actually a security breach. call for all of us. gest the absence of a quorum. This technique and the breadth of Over the years, I have worked across The PRESIDING OFFICER. The this hack are both unprecedented, and the aisle with Senator PETERS, Senator clerk will call the roll. it shows that the Federal Government CORNYN, Senator HASSAN, and others The senior assistant legislative clerk is still far from where we need to be to on legislation to beef up our Federal proceeded to call the roll. handle the cyber security challenges of Government cyber capacities, includ- Mr. BENNET. Mr. President, I ask the 21st century. ing the Risk-Informed Spending for Cy- unanimous consent that the order for As the Permanent Subcommittee on bersecurity Act, the Federal System the quorum call be rescinded. Investigations said in its investigation Incident Response Act, and the DHS The PRESIDING OFFICER. Without and report, these alarms that we have Cyber Hunt and Incident Response objection, it is so ordered. been raising over time are ones that we Team Act, and others. We are proud of CORONAVIRUS should have paid attention to. In 2019, this legislation. Mr. BENNET. Mr. President, before I last summer, Senator CARPER and I Let’s be honest. It wasn’t enough. We give my remarks, I would like to say issued a shocking report that detailed need to do more. We need to not only that I hope the rumors are true that we the unacceptable cyber security vul- defend our networks but go on the of- are getting close to a deal here. The nerabilities in the Federal Govern- fense to defer a nation-state, like Rus- country needs us to reach a bipartisan ment—vulnerabilities that may very sia, and nonstate actors from even con- deal, as we did in March, unanimously, well have played a role in the extent of sidering a future attack like this. That when we passed the CARES Act here. this breach. means there needs to be consequences It is time for us to do that again. In Our report looked back at how well for cyber attacks significant enough to Colorado and all across the country Federal agencies complied with basic prevent them from happening again cases are spiking and the economy is cyber security standards over the past and a willingness to act preemptively slowing down. People need relief. They decade. Every agency we reviewed when warranted. need help. I hope we will come together failed. And we know that four of those Congress has to take a hard look at in a bipartisan way and do that. agencies—the Department of Homeland the cyber security capabilities of our I hope that the deal is not going to Security, the State Department, the Federal agencies. In the next Congress, come crashing down because of a dis- Department of Agriculture, the Depart- I will be the top Republican on the agreement about what the Federal Re- ment of Health and Human Services— Senate Homeland Security and Govern- serve’s authority ought to be under the are among those that have been mental Affairs Committee, which 13(3) program. That is an important breached in this current cyber attack. means I will either serve as its chair- program for the Federal Reserve to That report from the Permanent man or ranking member, depending on help when things are really distressed Subcommittee on Investigations made the outcome of a couple of races in in our economy—to help our small clear that Federal agencies were a tar- Georgia. Senator PETERS will be the businesses, our State and local govern- get for cyber criminals and other na- chair if the Democrats take the major- ments, and working families all over tion-state adversaries. In 2017 alone, ity. I will tell you here tonight, wheth- this country. Federal agencies reported 35,277 cyber er I am chairman in January or him, It is an authority that Donald Trump incidents. It is the most recent data we we intend to hold indepth hearings on used—or that the Fed used while Don- have—in 1 year. The number of cyber cyber security. With what has hap- ald Trump was President. People on pened, we will also, of course, focus on incidents in 2019 was a little bit less, both sides of the aisle said it was an ef- the origin, scope, and severity of this 28,581. But 2020 will bring what is likely fective authority, and if it is an effec- breach. tive authority for President Trump, it the biggest, most comprehensive Actually, 3 weeks ago, even before breach across the Federal Government should not be taken away from the this attack was revealed, we met and Federal Reserve just because Joe Biden in our history. decided to hold these cyber security We also found we are not equipped to is becoming President of the United hearings, and we are already working handle this threat. Many of the agen- States. on comprehensive legislation to im- So I hope that we will come to an cies we reviewed didn’t even know prove our cyber defenses in the Federal what applications and platforms were agreement. I expect that we will. I Government going forward. hope it is soon. People need the help. operating on its systems. That begs the We must now move with a renewed question: How can you protect some- sense of purpose and urgency to learn CYBER SECURITY thing if you don’t even know what you from this massive attack. We have to Mr. President, in the last few days we need to protect? remove these hackers from these sys- have learned that the United States If Federal agencies fail at meeting tems and put in place protections to was subject to one of the most brazen basic cyber standards, there is no way prevent it from happening again. cyber hacks in history. Based on press they are equipped to thwart the kind of As this cyber attack has made clear, reports alone, the hackers appear to sophisticated attack that apparently we have to redouble our efforts to have breached the Department of happened over the past several months. shore up our defenses. We are two dec- State, the Department of Commerce, Here, the attackers were meticulous ades into the 21st century, but most of the Department of Energy, the Depart- and had a detailed understanding of the Federal Government legacy com- ment of the Treasury, the National Nu- how to evade intrusion detection prac- puter systems are from the 20th cen- clear Security Agency, and the Depart- tices and technologies. And because the tury. Federal agencies are simply be- ment of Homeland Security—including Federal agencies involved were unpre- hind the times when it comes to de- the agency responsible for our cyber se- pared, the attackers had ample time to fending themselves against these curity. cover their tracks, which means evalu- threats posed in cyber space. The gov- On top of that, the hackers also man- ating the extent of the damage and ernment is trying to respond to sophis- aged to breach major American compa- kicking them off our networks is going ticated, 21st century attacks with 20th nies like Microsoft and compromised to be incredibly difficult and time-con- century defenses. This attack has several State governments and other suming. shown us the consequences of that and foreign governments all at the same Given how widespread this attack is should be the catalyst for real bipar- time in this process. and how much wider it is expected to tisan action here in the next Congress While we are learning more about become, it certainly seems like the to better defend networks that contain these breaches, the level of resources Federal Government’s current cyber sensitive, personal information, and and sophistication bears all the hall- resources are going to be spread incred- other information critical to our econ- marks of Russia. Reports suggest that ibly thin. omy, our healthcare, and the safety the hackers have been in the system Congress and the executive branch and security of all Americans. since the spring and perhaps much have failed to prioritize cyber security, I yield the floor. longer. According to public reports, and now we find ourselves vulnerable The PRESIDING OFFICER (Mr. they may still be in our system to- and exposed. We have to do better than TILLIS). The Senator from Ohio. night.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.047 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7701 We have heard literally not a word make matters worse, our top Depart- EXECUTIVE CALENDAR from the White House about this, not a ment of Homeland Security official for Mr. ROBERTS. Mr. President, I ask single word from the President about domestic cyber security—the very per- unanimous consent that the cloture this. I suppose this should come as no son who would be leading our response motion with respect to Calendar No. surprise. After all, this is the same to the hacks right now. 836 be withdrawn and the Senate pro- President who, to this day, refuses to But he is gone. He is gone not be- ceed to the consideration of the nomi- acknowledge that the Russians inter- cause he did a bad job but because he nation. fered in our 2016 election even though refused to repeat the President’s base- PRESIDING OFFICER. Without ob- our intelligence agencies unanimously less claims about fraud in the election, jection, it is so ordered. agree that Russia meddled. claims the President is still making as The cloture motion was withdrawn. This is the same President who went we meet here tonight more than 6 The PRESIDING OFFICER. The to Helsinki and, on foreign soil, sided weeks after the election and 4 days clerk will report the nomination. with Russian President Vladimir after the electoral college confirmed The senior assistant legislative clerk Putin, a former KGB officer, over the Joe Biden’s election. read the nomination of Charles A. In the last few days alone, the Presi- CIA, the FBI, the NSA, and all of our Stones, of Kansas, to be a Member of dent has tweeted at least 25 times other intelligence organizations. the Board of Directors of the Federal The same President who spends the about fraud in the 2020 election, some- Agricultural Mortgage Corporation. lion’s share of almost every day criti- thing he has completely invented in his Mr. ROBERTS. I ask unanimous con- cizing everyone from the National mind, but he hasn’t said one word sent that the Senate vote on the nomi- Football League to Greta Thunberg, about the most far-reaching breach of nation with no intervening action or who is 17 years old, to the Secretary of cyber security in our history by a for- debate; that if confirmed, the motion State in Georgia for upholding the rule eign adversary. to reconsider be made and laid upon of law can’t bring himself to utter one As we meet here again tonight in the the table; and that the President be word of criticism for Vladimir Putin— land of flickering lights, uncertain immediately notified of the Senate’s the same President who, instead of whether we will pass a budget to keep action. challenging Putin, proposed creating a the lights on in our exercise of self-gov- The PRESIDING OFFICER. Without joint cyber unit between the United ernment for the weekend, all across the objection, it is so ordered. States and Russia. That would be like globe there are public servants, the The question, Will the Senate advise asking a burglar to design the locks on men and women of our intelligence and consent to the Stones nomination? the front door of your house. services, who are working to repair the The nomination was confirmed. The Trump administration is not damage that has been done and to keep The PRESIDING OFFICER. The ma- known for its consistency, but here is us safe. They deserve and the American jority leader. the one place they have been resolute people deserve a President who makes and consistently weak, coddling dic- clear that we won’t tolerate intrusions CORONAVIRUS tators and abandoning our democratic like this, a President who rallies our Mr. MCCONNELL. I think that all of allies. allies to our common cause. our colleagues understand our present As a member of the Intelligence If we have learned anything this situation. Committee, I can’t say for sure today year, it is that our government has Both sides of the aisle are firmly whether this weakness emboldened or proven itself woefully unprepared to committed to finalizing another major enabled our adversaries. We are going deal with emerging threats, not only a pandemic rescue package for the Amer- to have to study the facts. But the ad- cyber attack but also a global pan- ican people. Constant discussions have ministration’s abject fecklessness cer- demic. This year has also taught us been underway for several days now. tainly hasn’t helped. that the cost of ignoring these threats As of right now, we have not yet To understand how weak the Trump is much, much greater than the cost of reached a final agreement, regretfully. administration has left us, it is impor- addressing them head-on. I believe all sides feel we are making tant to appreciate the wreckage of But to do that we need a President good progress on a major relief bill their total war on the Federal Govern- who doesn’t bury his head in the sand that would travel with a full-year ap- ment. They came into office with a or his face in Twitter, a democracy propriations measure. promise to dismantle ‘‘the administra- that can think beyond the next com- But, alas, we are not there yet. tive state,’’ but what they ended up mercial break on cable news, that can Given that, our urgent task is to pass doing was dismantling our national de- put aside festering partisanship and a stopgap government funding meas- fenses. forge an enduring national security ure. There is no reason the Federal Over the past 4 years, the adminis- policy for the 21st century. Government funding should lapse while tration drove thousands of qualified And Russia is not our only concern. I we hammer out our remaining dif- public servants to the exit, including can assure you that China is not chas- ferences. We are going to take up the cyber security experts in agency after ing the latest controversy on Twitter continuing resolution, which just agency critical to our national secu- or cable news. They are building roads passed the House a few minutes ago on rity. and bridges and airports across the an overwhelming bipartisan basis. Back in March, I asked the Depart- globe. They are laying fiber-optic ca- I hope this body will pass it easily ment of Homeland Security to detail bles beneath the ocean. They are com- and get this measure on the President’s its plans to shore up our cyber secu- peting with us in space. They are forg- desk so Congress can complete our ne- rity. They responded by telling me that ing new alliances and pioneering new gotiations with no pointless lapse in they still had hundreds of vacancies for technologies every month. They are normal government operations. cyber security. making considered choices to shape the f President Trump eliminated the top 21st century while we are struggling coordinator for cyber security at the here to keep the lights on. LEGISLATIVE SESSION National Security Council. There is no This lack of concern from the White one, therefore, coordinating our cyber House about this breach is a dark mo- defenses across the Federal Govern- ment, but soon we will have the chance ment or engaging the private sector to to take another approach. I hope every- MORNING BUSINESS make sure we are working together to one in this Chamber will seize the op- Mr. MCCONNELL. Mr. President, I shore up those vulnerabilities. portunity to work with one another to ask unanimous consent that the Sen- If you put it all together, we have secure the promise of our great coun- ate proceed to legislative session and been left with a gutted bureaucracy try for the next generation and Amer- be in a period of morning business, without the necessary leadership to re- ica’s role in the world. with Senators permitted to speak spond to cyber threats and espionage in I yield the floor. therein for up to 10 minutes each. a coherent way. And a few weeks ago, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without the President fired Chris Krebs, just to ator from Kansas. objection, it is so ordered.

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.051 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7702 CONGRESSIONAL RECORD — SENATE December 18, 2020 TRIBUTE TO TODD RUCKEL congratulate the brothers on their ald’s restaurants in Eastern Kentucky, re- great achievement. cently announced that they have sold their Mr. MCCONNELL. Mr. President, at franchise to Faris Enterprises of Clinton, the end of last month, my friend Todd While many folks are lucky enough to be born in Kentucky, some find their Tennessee. Tom described the joint decision Ruckel closed out 8 impressive years of way to the Bluegrass State. As the of the two brothers, stating, ‘‘The time has leadership as Lewis County judge-exec- come to turn over the spatula to the next op- Hutchison brothers scouted across the utive. This financial consultant turned portunity.’’ region for the right place to open their public servant has given so much to his The Hutchison brothers’ journey led them first restaurant, Bob saw something from Ohio to the mountains of Eastern Ken- community. I would like to take a mo- special in Paintsville. I think they tucky. Along the way they made numerous ment today to join Todd’s admirers in found a wonderful community. contributions to the area through their res- thanking him for his service. They decided to open their store dur- taurants, and have given back to the com- As a former county judge-executive ing the local festival called Apple munities in which they have engrained their myself, I know just how close Todd is Days. Some onlookers were skeptical lives. The two youngest of five brothers, Bob and with his constituents. He hears their the Hutchison brothers could be pre- stories and has been instrumental in Tom were raised by parents who instilled pared for a successful opening during values and beliefs in them to which they Lewis County’s success. It is a difficult such a high-traffic event. Bob and Tom credit their successes in life. assignment but one with many rewards were undeterred. To put their best foot ‘‘Our Dad had a full ride of a career,’’ said for a job well done. Todd ends his time forward, they trained staff to flip Tom. ‘‘He had been in the restaurant busi- in office with the respect of his col- Styrofoam patties in their living room ness and was with McDonald’s. He worked for leagues and the gratitude of the fami- as they prepared for the big day. When this group of investors. He pretty much re- lies he served so well. He was even the restaurant opened on October 6, tired, but when he went to McDonald’s they named the Kentucky Emergency Man- 1979, they surpassed all expectations. I knew that we were going to use our father’s brain and brawn. The gentleman who was agement Judge-Executive of the Year have visited them during the Apple running McDonald’s in that division at the in 2017 for his work to keep his commu- Days festival through the years as time knew our work ethic. He’s the one that nity safe. their restaurant continued to thrive. kept pushing us to come to Kentucky. My team and I have worked with Together, the brothers developed a ‘‘At that time I was 22, Bob was 25,’’ Tom Todd over the years. In particular, we recipe that worked. Their first res- continued. ‘‘The youngest franchisees signed secured over $1 million from the Appa- taurant connected with customers, and on. That was unheard of. But the guy knew lachian Regional Commission to up- they continued opening more fran- our work ethic from our parents. Our father grew up in an orphanage from the age of five grade the water infrastructure in Lewis chises around the region. At each of their 13 restaurants, Bob and Tom until he got out until he got out to marry County. It is just a snapshot of Todd’s our mother. A single mother raised our accomplishments for the families who made a commitment to investing in mother after the age of 12. Her father had an placed their trust in him. their employees and community. They early death. So both of our parents were very Unfortunately, the pain caused by gave many young people their first job, goal-oriented, stern, family-based and those the coronavirus this past year has led instilling the values of hard work and values were how we were raised.’’ to many challenges for local officials dedication. Scores of Kentuckians have Tom described the duo as being business and communities. Todd recognized the grown up and achieved because of the partners even as young children cutting brothers’ influence. In addition to the grass, shoveling driveways in the Ohio win- danger early on. He took steps to pro- ters and washing and waxing cars. They tect families throughout Lewis County. McDonald’s restaurants, Bob also founded the HUTCH Auto Group and a began working from a very young age. From I am proud the CARES Act delivered the age of 9 to 14, Bob delivered newspapers. gasket and supply company in Ohio. more than $2 million to the commu- At the age of 14, both brothers entered the I had the privilege to become friends nity, including to support Todd’s team. restaurant business with the assistance of with Bob as he grew more active in the Although the transition has begun their father. community. He has promoted our toward new leadership in Lewis Coun- ‘‘We knew the restaurant business,’’ stated shared values and made extraordinary Tom. ‘‘We started at 14 years old. We did ty, Todd is still working for Kentucky. contributions to a wide range of orga- management and I got into marketing. Bob He is joining the Kentucky County nizations, including the University of did some schooling. The fact is that we knew Judge-Executive Association as its new Pikeville, the Christian Appalachian how to run a restaurant and that it was executive director. Now, Todd can use Project, and the Boy Scouts of Eastern about people—powering our people with his talents to help local officials in Kentucky. Working more than 20 years pride. That is what we made as a foundation for building our company.’’ communities across the Bluegrass with the Paintsville/Johnson County State. Tourism Commission, Bob has helped GETTING STARTED IN EASTERN KENTUCKY I am sure everyone in the Lewis others see the great beauty and poten- Making the choice to settle in Eastern Kentucky and open a McDonald’s restaurant County courthouse is sad to see Todd tial of this community in the same way and his wife Sandy go, but the results in a community like Paintsville in the 1970s he did all those years ago. and 1980s did not come without some reserva- of his leadership will remain. On behalf Although Bob and Tom are stepping tions and a few obstacles along the way. of the Senate, I am grateful for Todd’s away from their restaurants, they will ‘‘We had several places to go to,’’ described continued service to Kentucky. We ex- keep working for Eastern Kentucky’s Bob. ‘‘Our dad had just retired working with tend our best wishes and congratulate future. I am grateful to the Hutchison McDonald’s—another operator. Then one of him on an accomplished career for Ken- brothers for their inspiring achieve- his cohorts tried to get him involved with tucky. ments. Whatever the future holds in the restaurants and there was no way that we could do that because we had no cash of f store for them, I wish them the very best. that means. A fella from McDonald’s was Mr. President, the Appalachian very encouraging to Dad about getting into TRIBUTE TO BOB HUTCHISON the restaurant franchise. They said, ‘You News-Express published a profile on the Mr. MCCONNELL. Mr. President, gotta get a McDonald’s.’ ’’ over the course of 40-plus years, my Hutchison brothers’ inspiring career in ‘‘So we came to the conclusion that we can friend Bob Hutchison and his brother Eastern Kentucky. I ask unanimous try it, even though we knew we had a short Tom built an impressive network of consent the article be printed in the falling of cash.’’ Bob said that his father’s RECORD. cohort stated, ‘‘There’s this little spot in restaurant franchises in Eastern Ken- There being no objection, the mate- East Kentucky called Paintsville. We want tucky. The brothers employed thou- rial was ordered to be printed in the you to go look at that.’’ sands of Kentuckians, believing a firm Bob continued, ‘‘Mom, Dad, Tom and I RECORD, as follows: commitment to their community came to Paintsville at the McDonald’s rec- [From the Appalachian News Express, would bring success. They were right. ommendation. Mom and Tom weren’t really August 7, 2020] on fire in the beginning because it was rain- Bob and Tom recently announced the PASSING THE SPATULA: BOB AND TOM sale of their 13 McDonald’s franchises ing, a two lane road and lots of coal trucks. HUTCHISON PART WAYS WITH MCDONALD’S So we went back and said, ‘Aren’t there any to pursue new opportunities. On behalf STORES other areas?’ So we went back and looked at of the families across the region who (By Reagan Coburn) three or four other spots in the Ohio area, continue to benefit from their entre- PAINTSVILLE—Bob and Tom Hutchison, but for one reason or another, we gravitated preneurial investment, I would like to brothers and owner-operators of 13 McDon- back here.’’

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.035 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7703 The family returned to Paintsville once He continued, ‘‘We opened up on Apple Tom echoed the sentiment, stating, again to give the area a second consideration Days—right in the swing of things. McDon- ‘‘ ‘‘There’s plenty of rewards. Just this week, to establish their restaurant. ald’s came in and said there’s no way you getting hit up on Facebook by a previous Bob stated that he loved the area because guys can handle opening during the festival. employee who worked with us for six years, of the many state parks that were within an We were doing trainings in our living rooms who, of course, heard about Bob and I mak- hour or so of the town. with Styrofoam hamburgers. We were teach- ing the change, and there are so many indi- ‘‘I thought that’s the place we need to be. ing them service. We had nowhere to train viduals like this young lady who went off to You’ve got the Daniel Boone National For- them,’’ Tom laughed. ‘‘It really was fun.’’ other careers, but what they learned as crew est, you’ve got the Red River Gorge, you’ve ‘‘But despite all that, we opened up on Oc- people they’ve carried into their present got Fishtrap, you’ve got Dewey (Jenny tober the 6th, during Apple Days, and it went fields. McDonald’s is not a dead end job. It Wiley). This place was rocking with that great,’’ he said. ‘‘We had high sales and the leads to many opportunities. McDonald’s has kind of stuff,’’ Bob explained. team pulled together. It was phenomenal. touched so many lives. We’ve been fortunate During their second visit to Paintsville McDonald’s was in awe.’’ to be and create McDonald’s of East Ken- they stayed in the Heart O’ Highland’s Following the opening on the Paintsville tucky and create those opportunities.’’ Motel, one of two motels in the town at the store, their advisor in Ohio helped with the Bob then spoke of various programs that time. The family received a knock on the banking to open the Hutchisons’ McDonald’s offers their employees to better door of their room by a staff member stating Prestonsburg and Pikeville locations. their lives. He mentioned the McDonald’s they had to leave because the dam at ‘‘Mom said, ‘Boys, we’re not moving, but Archways to Opportunity program, which re- Paintsville Lake was going to break, a his- sometimes you gotta do things in life you cently assisted team member Josh Halliday. toric moment for many in the area during don’t want to do to get where you need to He stated, ‘‘Through the McDonald’s pro- 1978, and that they must evacuate the town. go,’ ’’ reminisced Tom. gram and through our encouragement, he ‘‘So we signed the papers—Dad, Bob and I, ‘‘Mom said that’s an omen, we don’t need went to college through the McDonald’s pro- and the gentleman leaned backed in his chair to be here,’’ stated Bob. gram. Now he has a four-year degree with and said, ‘Thank God. You guys are the 12th ‘‘I was already in the car,’’ Tom joked. minimal expense to him thanks to McDon- After that debacle, the family once again people we’ve sent down there. Everybody else ald’s, Tom and I. He’s a rock star and he’s looked for other locations and stores but told us to stick it,’ ’’ he joked. our IT guy. He’ll be going to HU in the near they were repeatedly told by their advisor Tom stated, ‘‘The beauty of it is, this is future and he’ll be dually accredited. He can that Paintsville was ‘‘where it’s at.’’ where we came. But the most beautiful part ‘‘So we came back, but we didn’t have the of it is, this is where we chose to stay. We run a restaurant or he can do IT, whatever money. We needed $250,000,’’ Bob said. ‘‘The had chances to leave. We did Paintsville. fits his niche, no matter where he’s at in life next trip was come back with our newly-pur- Pikeville was our next one in 1982. Goody and whether it’s McDonald’s of Kentucky chased dress suits and went to the bank. We was two weeks after that. Then we came and he wants to pack his bags and move went to First National Bank and the vice back in 1987 and opened up Prestonsburg as west. He is a highly sought after, highly val- president was very cordial. We sat down and store number four.’’ uable individual.’’ Tom noted, ‘‘The hospitality industry is told him we need $250,000 and we want to put When asked for the reasons they chose to here to stay. Their training is so intense in a McDonald’s. We knew we were in trouble stay here after launching so many successful with management that an individual can get when he said, ‘What’s a McDonald’s?’ ’’ So we restaurants, Tom stated, ‘‘I think a couple of 22 hours of training that can be converted to presented a packet to him of what McDon- things. We had people who believed in us— accredited college classwork. No restaurant ald’s was.’’ After about 15 minutes of delib- our parents, McDonald’s, Mr. Dorton—but we and very few businesses have programs re- eration, the Vice President of the bank of- believed in the brand. We believed in McDon- motely like that.’’ fered them a mere $25,000. ald’s and we were taught that you have to be Bob stated, ‘‘We walked out of the bank. entrenched in your communities. We learned GIVING BACK Dad was a chain smoker. He lit a cigarette that from our parents. We learned to give It is this spirit of giving back that has con- and as we walked down the street toward the back. We chose to stay, we chose to be in- tinued to drive the two brothers over the car Mom said, ‘No luck there. I can tell by volved and be part of the grain of the com- years, both within their restaurants and the the way you’re walking and smoking.’ ’’ munity. To us, that’s what created our suc- community at large. Bob said that was the moment when his cess. We chose to be local and build upon When asked in what ways he has enjoyed mother made the switch from pessimist to what we had. We knew we had a beautiful giving back the most, Bob stated, ‘‘One was optimist. garden here, so we just kept cultivating our being heavily entrenched in Boy Scouts of According to Bob, she said, ‘‘Now look, garden.’’ East Kentucky and I got there through the there’s another bank down there. You guys NOT A ‘DEAD-END’ JOB assistance of Trigg Dorton. Trying to keep go down there and find some money.’’ Bob and Tom have given back to their em- Boy Scouts alive in East Kentucky and I was ‘‘So we went down to Citizen’s National ployees and community members in count- on the Bluegrass Council out of Lexington Bank and were greeted by a very hospitable less ways. Having employed thousands of and I took that position to try to facilitate lady, Nancy Brugh, and we told her what we people over the past several decades, Bob a stronger stance for Boy Scouts in East were looking for,’’ Bob explained. said, ‘‘I think we’ve had an impact on a lot Kentucky. I left that position two years ago Brugh seated the boys in the office of Trigg but I’m still considered an assistant troop Dorton, an famous local banker during the of people. Many people that have come through the doorways of the arches have be- master and remain active. I try to keep time. Describing Dorton, Bob stated, ‘‘He scouting alive in Johnson County. had his three-piece suit, his glasses and a come successful, reaching and fulfilling their dreams. Our biggest reward is working with ‘‘The second thing would be the Christian cigar and introduced himself and sat down.’’ Appalachian Project,’’ Bob said. ‘‘I’ve been Dorton allegedly said, ‘‘Boys, tell me about people who are a little shy, a little back- involved with them for 20 plus years and yourself. He started with Tom. He said, ‘go wards and have self-esteem issues and no that’s very rewarding in many ways at the back as far as you can remember. Tell me confidence. I love to coach people that are in local level and also when we have national about your life,’ ’’ Bob stated. those situations, especially the 14, 15, 16, 17 disasters such as Hurricane Katrina in New Dorton then asked Bob and his father to do and 18-year-olds that have never been ex- Orleans to see how well the people of East the same. posed to a lot. Bob stated that Dorton was incredibly im- ‘‘Also, every manager that we have work- Kentucky gather around and drive down pressed with their life stories and that ing with us now has been promoted within, there to help people in dire straits.’’ Dorton and his father shared a common link- and that in itself is a success,’’ he continued. ‘‘Third, mostly, has been education. they were both in the Second World War. Speaking on the work ethic people of East- Whether it’s UPIKE, Mountain Christian ‘‘It was the very first time I heard Dad say ern Kentucky, Bob stated, ‘‘The people in Academy when they were around in Martin, anything remotely about the war,’’ said Bob. this area want to work given the opportunity or the Johnson County Board of Education. He continued, ‘‘He was also impressed that to work.’’ Regardless of which district, this has been Dad was raised in a children’s home. He was ‘‘I love giving people second chances,’’ he my number one thing that I’ve thoroughly impressed that Tom and I started working said. ‘‘We’ve got five or six felons working enjoyed. I’ve had some sort of impact with when we were fourteen.’’ with us right now. We’ve got several single education through different programs here in The following day, Dorton presented the mothers who have gone through different East Kentucky.’’ family with a check for $250,000. programs—spousal abuse and things of that His brother Tom bragged on him, stating, ‘‘He was probably the most knowledgeable nature. It all goes back to their confidence ‘‘ ‘‘Not being biologically a father, he’s been banker I ever met,’’ said Bob. ‘‘Then, of and self-esteem. That’s been my mission a father to more kids than anyone can pos- course, his son Dennis Dorton, who just field- working with people of that nature. sibly imagine.’’ passed, was my second mentor there.’’ He continued, ‘‘A lot of people refer to Tom then described the philanthropic ef- They opened a bank account there, depos- McDonald’s as a dead-end job. It’s no dead forts that meant the most to him. ited the check, and that was the beginning. end job at all. It’s whatever an individual ‘‘I was on the board of forming Judi’s Choosing to stay wants to make of it. It’s whatever they want House in Pikeville,’’ Tom said. ‘‘The arts was Tom stated, ‘‘By the fall of 1978 we knew to do with it. They can create anything they a big thing for me. I work a lot with under- we were coming. We broke ground that win- want to. They’re their own molder of the privileged kids, usually under my grand- ter and were open by the fall of 1979.’’ clay and it’s just a unique thing.’’ mother’s name. I don’t put my name out

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.027 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7704 CONGRESSIONAL RECORD — SENATE December 18, 2020 there. That’s not what it’s about. To me, it’s The two brothers plan to remain in East- speaking about the Senate, Senator about I know where I can put something and ern Kentucky and continue making a dif- ALEXANDER often says, ‘‘It’s hard to it gets out there, and you’re helping some- ference in their communities. get here, it’s hard to stay here, and one. It goes back to giving back. The littlest Tom stated, ‘‘ ‘‘What’s most important is thing can mean so much to somebody. If it’s that Bob and I came here almost 42 years ago while you’re here, you might as well that family, if it’s that crew person at the to go into business. We had the opportunity try to accomplish something good for restaurant, it might be that gentleman at to leave many times, to relocate. But we the country.’’ Over his 18 years in this the gas station you see everyday. On and on chose to stay because the mountains spoke institution, he has embodied those . . . I think it’s the biggest reward is if it’s to us and there’s a lot of opportunity here. words and has served as a guiding force Christmas and it’s breakfast with Santa and We’ve seen a lot of opportunity here—but the of principle and bipartisanship. there’s children, seeing those kids smile . . . people. The people in the communities and Under his 6 years of leadership as I’m touched, man. That’s it right there. And the people that were with us in our organiza- watching kids grow up.’’ tion—our company was really powered by chair, the Senate Health, Education, Bob then stated, ‘‘ ‘‘The successes and re- people with pride and we knew we had every- Labor, and Pensions Committee re- wards are not always measured in money. thing we ever set out for and that we could ported 45 bills that became law. It is a There are people in East Kentucky that are begin and continue our foundation by stay- shining example of his commitment to as close as family. They are family—ex- ing here in Eastern Kentucky, where we working together and finding resolu- tended family here in the hills.’’ The two chose to make our home. We’re still in the tion on issues that directly impact brothers then took a moment to reflect on community. We’ll still be engrained in many what it is like to work as partners in their Americans’ lives. As a member of the things in the community. We are not leaving HELP Committee, I am thankful to business endeavors. or abandoning, we are just taking ourselves ‘‘It’s very unique,’’ said Tom, ‘‘to be in a to the next level.’’ have had the opportunity to work with partnership for that many years, but then Bob stated, ‘‘We will be here, we will be ac- Senator ALEXANDER on some of these it’s unique added to it to be in partnership tive, we will be involved and the thing that’s bills, such as the Opioid Crisis Re- with your brother for all of those years. We keeping us here is the people—the people in sponse Act of 2018 and the reauthoriza- are totally like night and day. Ask any of the mountains. People here have been our crew. But that’s part of it. I respect tion of the Perkins Career and Tech- great—we’ve been able to help a lot of peo- Bob’s forte, he respects mine, but do we al- nical Education law, among others. I ple, but there’s a lot of people that have been ways agree? No. But when we sit down at a am also thankful for Chair ALEXAN- able to help us.’’ table and we have a discussion, it may not be Tom said the brothers are simply opening DER’S, as well as Ranking Member what I sat down at the table and wanted or another chapter in their lives. PATTY MURRAY’s, support for my work thought was best, but when we walk away, ‘‘We walked in together, and we’re walking to lower the cost of prescription drugs we’re on the same mission. What is the re- out together,’’ he said. ‘‘It’s a beautiful sce- and improve access to mental health sult we want? We talk it out. It’s about com- nery.’’ munication, cooperation and coordination.’’ services. ‘‘If we really hit head to head, then we do f When I came to the Senate in 2018, paper, scissors, rock,’’ joked Tom. TRIBUTE TO LAMAR ALEXANDER Senator ALEXANDER welcomed me as a Bob stated, ‘‘My strong points might be his colleague and friend, for which I will Ms. CORTEZ MASTO. Mr. President, weak points. His strong points might be my always be grateful. While I will miss weak points. However, through osmosis over I would like to take a moment to rec- his esteemed, bipartisan leadership, the years we’ve been able to balance each ognize and thank the chair of the Sen- both on the HELP Committee and in other.’’ ate Health, Education, Labor, and Pen- ‘‘I’m a very diplomatic guy,’’ Bob contin- the Senate, I am grateful for his serv- sions Committee and Senator from ued. ‘‘Tom likes to put a lot of bling in stuff. ice to our country and wish him and Tennessee, LAMAR ALEXANDER. Senator Tom likes to make stuff look nice. There’s Honey the best in their next chapter. really nothing wrong with it, but we’ve went ALEXANDER has committed his life to head-to-head on some of the remodels that public service for both the people of Ms. ROSEN. Mr. President, I would we’ve done. Before, when we were allowed Tennessee and Nation. He served first like to take this time to honor Senator the luxury of picking out nice lights and nice as the Governor of Tennessee, then as LAMAR ALEXANDER. Over the past 30 wallpaper or quality seating, and he wanted the Secretary of Education under years, Senator ALEXANDER has served to do things . . . we went into a boxing President George H. W. Bush from 1991 the people of Tennessee as U.S. Sen- match over that one. I said, ‘Do whatever to 1993, and finally in the U.S. Senate ator, Governor, and U.S. Secretary of you’d like, but keep in mind that I’ve got the Education under President George budget.’ ’’ since 2003. Senator ALEXANDER has H.W. Bush. Over the past 2 years, how- LEAVING THE BUSINESS served more years as Governor and U.S. Senator than any other Ten- ever, he has also been a great friend to The decision to move on from McDonald’s, a freshman Senator from Nevada who the brothers said, was linked to the death of nessean who has occupied both posi- their older brother at 70. tions. It has been an Honor to serve came from a different political party ‘‘Bob and I reflected on the passing of our with Senator ALEXANDER over the past but shared his desire to get things done older brother and thought when is the right 4 years. for the American people. Like so many time?’’ Tom said. ‘‘I don’t know if there is a As chair of the Health, Education, in this Chamber, I will miss this dedi- right time, but we did make a plan and so we Labor, and Pensions Committee, Sen- cated public servant who sought to find made the availability. What was nice is that common ground on the many pressing some of the perimeters we had set were like ator ALEXANDER dedicated the end of ‘Who’s going to come in and represent and his Senate career to issues such as the issues facing the Senate, including take care of our people? Who would take care opioid epidemic, supporting mental healthcare, education, and medical re- of our guests? Who is going to best reflect health providers, lowering prescription search. what we’ve laid a great foundation out for?’ drug prices, and cultivating innovation Senator ALEXANDER has been a great It was about finding the right team, family in the medical field, just to name a mentor and colleague of mine in the or person who had the same beliefs and was Senate. I was grateful for how gracious going to keep our company intact.’’ few. During his tenure as chair Senator For Bob and Tom, the Faris family was the ALEXANDER presided over more than 70 he was when I first came to the Senate perfect fit for continuing their legacy. hearings and oversaw more than 45 and for his willingness to engage me on Bob stated, ‘‘It was an easy decision. We’ve bills that eventually became law. the key issues facing Congress. As had five or six people approach us over the Senator ALEXANDER has dedicated his chairman of the Health, Education, last couple of years without even putting a career to faithfully representing the Labor, and Pensions Committee, of sign out. It was really easy when we saw who people of our great country, believing which I am proud to be a member, Sen- they (the Faris family) are personally and professionally. We knew who to sell it to. that ‘‘the best decisions are made by ator ALEXANDER worked tirelessly on They’re people-oriented.’’ those closest to the people.’’ Thank important issues like increasing access Tom echoed the sentiment, stating, ‘‘The you, again, to Senator ALEXANDER. I to telehealth services, lowering health Farises, what they had to offer us and what wish him a long and peaceful retire- care costs, making it easier to apply they had to offer the team, I want to say ment, playing piano and spending time for student financial aid, and advo- that we are like book ends. Bob, Tom and with his wife, Honey, their children cating for our seniors. I particularly the Faris family. Same core beliefs. That’s appreciated the work he did to support what felt good.’’ and grandchildren, and dog, Rufus. ‘‘I wouldn’t be surprised one bit if they Ms. SMITH. Mr. President, I am hon- the fight against Alzheimer’s disease make this organization better than it al- ored to pay tribute to my colleague, and ensure we invest in robust funding ready is,’’ said Bob. Senator LAMAR ALEXANDER. When for medical research.

VerDate Sep 11 2014 08:51 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.028 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7705 Especially this past year during tions got tough. Thanks to this part- Senator ROBERTS has been a prag- these unprecedented times, the Amer- nership, we achieved the most bipar- matic partner on legislation focused on ican people needed bipartisan work and tisan bill in history. supporting rural hospitals and tele- leadership from its public officials in We first passed our Senate bill by 86 health access during the pandemic. We getting relief to struggling commu- votes, but that wasn’t enough. We de- introduced the Rural ACO Improve- nities across the country. Senator AL- cided to beat that record and passed ment Act to support rural health care EXANDER’S direction and leadership the final farm bill by 87 votes, the most providers as well as the Ensuring Par- through debates and negotiations yes votes ever. We were able to do that ity in Medicare Advantage for Audio- brought out the best in him this year, because we have a unique partnership Only Telehealth Act to protect seniors’ as it has in the past, evident both in built on trust and mutual respect. And access to telehealth visits even when how he treats people with dignity and the outcome was a strong, bipartisan video is not available during the respect and in his unwavering dedica- bill that provided certainty for all COVID–19 public health emergency. I tion to public service. farmers, from wheat farmers in Kansas respect and appreciate Senator ROB- Not only will we miss Senator ALEX- to cherry growers in Michigan. Part of ERTS’S dedication to these important ANDER’S presence in this Chamber, but that certainty is Federal crop insur- issues. we will also miss his beautiful piano ance—and nobody deserves more credit Senator ROBERTS has had a long and skills during the holiday season. I hope for the foundation of that important esteemed tenure in Congress, and his he will have the opportunity to come safety net program than Senator ROB- emphasis on working across the aisle back to the Senate Hart Building and ERTS. can be seen clearly with the record play for us again soon. I promise I will PAT is also a champion for food secu- number of votes in favor for the 2018 be there in the front row. rity, agricultural exports, and agricul- farm bill. His evident love for his fam- Senator ALEXANDER, I wish you the tural research, which is why he and I ily, rich heritage as a fourth-genera- best in the next chapter of your life worked together to establish the Foun- tion Kansan, and his call for levity and and hope you have a wonderful retire- dation for Food and Agriculture in the humor in the Senate to ensure biparti- ment after your long and impactful ca- 2014 Farm Bill. He also understands the sanship will be remembered for years reer. importance of protecting food assist- to come. I thank Senator ROBERTS and f ance for children and families. I was wish him, his wife Franki, and his fam- honored to share the Food Research ily all the best in the coming years. TRIBUTE TO PAT ROBERTS and Action Center’s Distinguished f Ms. STABENOW. Mr. President, I Service Award with Senator ROBERTS rise today to pay tribute to someone last year for our teamwork. TRIBUTE TO MICHAEL B. ENZI who is more than just a colleague. He Above all, it has been an honor work- Ms. CORTEZ MASTO. Mr. President, is more than just a friend. In fact, he ing with PAT because he is truly one of I want to take a moment to recognize has been a true partner here in the a kind. From the moment I met him, it and thank the Senator from Wyoming, Senate, and that has paid huge divi- became abundantly clear that he MIKE ENZI. He has served the State of dends for farmers, families, and com- wasn’t your run-of-the-mill politician. Wyoming and our Nation for more than munities across our country. Some say it is his unflappable nature. 40 years, first as the Mayor of Gillette, PAT ROBERTS has been here in the Others say it is his unique sense of then in both chambers of the Wyoming Senate for a long time. Some might humor. But to me, PAT ROBERTS is de- Legislature, and finally in the U.S. even call him an institution. At a re- fined by his loyalty, integrity, and Senate since 1997. Over the past 4 cent Ag Committee event, I joked that, dedication to the people of Kansas. years, I have had the pleasure of serv- as a young man, he advised George He started his career as a first lieu- ing with Senator ENZI in the Senate, Washington on farm policy. That tenant in the Marine Corps. And it is including on the Finance Committee might be a bit of an exaggeration, but clear he has carried that courage and for the last 2 years. Together, we intro- his legacy can hardly be overstated. He conviction with him throughout his duced the 1921 Silver Dollar Coin Anni- has left a lasting imprint on farm and life. He was also a newspaper reporter, versary Act, to celebrate the anniver- food policy in this country. He is the which makes sense when you consider sary of the Peace silver dollar memori- only person to have written a farm bill his dogged determination, and, for bet- alizing the end of World War I. as both the chair of the House and Sen- ter or worse, his ability to be excep- Senator ENZI has had a long and dis- ate Agriculture Committees. tionally quotable. tinguished tenure in the Senate as both Those of us who have had the honor As a public servant, he is so beloved the chair and ranking member of the of serving alongside PAT on the Senate in his home State of Kansas that he Health, Education, Labor, and Pen- Agriculture Committee know there is never lost an election, a record of 24–0. sions Committee and as the chair of no other place quite like it. It is a If only his K-State Wildcats could be so the Budget Committee. Across all his place where we leave politics at the lucky. legislative efforts, Senator ENZI has re- door and focus on the ways we can im- Senator PAT ROBERTS, it has been mained a staunch advocate of his ‘‘80 prove people’s lives and livelihoods in such an honor to be your partner—and percent tool’’—the belief that we can rural America. We do that because we an even bigger honor to be your friend. get a lot done when we can agree on 80 know agriculture isn’t a red issue or a So while your retirement is well percent of the issues 80 percent of the blue issue. Agriculture and food policy earned, you will be deeply missed on time. This lesson is one that we all affect everyone. And nobody knows the Agriculture Committee and here in should take to heart as we enter the that better than PAT. the Senate. 117th Congress and the future. Senator ROBERTS and I never gave up Thank you for all you have done for Senator ENZI’s legacy and his words on passing the 2018 farm bill even when farmers, families, and the American of wisdom—do what is right, do your it got tough. At the beginning of nego- people. best, treat others as they wish to be tiations, we made a commitment to Ms. CORTEZ MASTO. Mr. President, treated—will continue to remind us to work together. We visited each other’s I would like to recognize and thank the work hard and serve our constituents home States—twice, in fact. I arrived Senator from Kansas, PAT ROBERTS. He to the best of our abilities. I wish him in ‘‘The Little Apple’’ of Manhattan, has served the people of Kansas and our a peaceful retirement fly-fishing on the KS, wearing K-State purple. A few Nation in Congress for nearly 40 years, banks of Wyoming’s rivers, and I wish weeks later, PAT came to serving 16 years in the House of Rep- his wife Diana and his family all the Frankenmuth, MI and wore a MSU resentatives and in U.S. Senate since best in the next chapter. green tie. 1997. Over the past 4 years, I have had f Around this time, we also made a the pleasure of serving with Senator commitment to each other to write a ROBERTS in the Senate, including on TRIBUTE TO JOHNNY ISAKSON bipartisan farm bill. Throughout the the Committee on Rules and Adminis- Ms. CORTEZ MASTO. Mr. President, entire process, I never doubted that tration and the Finance Committee for I would like to recognize and thank PAT had my back—even when negotia- the last 2 years. Senator Johnny Isakson for his service

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.019 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7706 CONGRESSIONAL RECORD — SENATE December 18, 2020 in the U.S. Congress. Having served in tecting funding for the Great Lakes home State of Maryland and helped us the House of Representatives from 1999 Restoration Initiative, ensuring that secure a historic increase in funding to to 2004 and later in the Senate from our community health centers receive the Chesapeake Bay Program. Senator 2005 until his retirement in 2019, Sen- full funding, strengthening rural com- UDALL’s pioneering work in these are- ator Isakson has dedicated himself to munities, and improving services for nas has rallied colleagues around the supporting longstanding, bipartisan our veterans and our work together on cause of protecting our environment, measures. His ability to find common TSCA reform. I have been so impressed culminating this August with the pas- ground and his commitment to public by your work on clean energy and on sage of the Great American Outdoors service are a reflection of his adher- protecting the wild places that make Act. His tireless efforts to preserve ence to Georgians’ and our Nation’s our States so special—and, of course, America’s natural heritage will live on values. It is my honor to have served your important work on reforming the through the clean water and clean air alongside Senator Isakson during the Senate. And I am so grateful for your that he helped safeguard for genera- 116th Congress. strong leadership on the Indian Affairs tions to come. But TOM knew well that In his tenure, Senator Isakson spon- Committee and your hard work on be- preserving our environment must go sored over 130 bills—a testament to his half of our Nation’s Tribes. You have hand-in-hand with defending our planet determination and aptitude to work also set yourself apart through your against climate change. His landmark across party lines. Having served in the work on foreign relations and on keep- bill on renewable energy standards of- Georgia Air National Guard, Senator ing our Nation safe. fers a model for the type of rigorous Isakson played a key role in passing sa- I will never forget our trip to Viet- approach we can take to cut carbon lient legislation to aid our veterans. As nam and South Korea last year. It was emissions and address this global chairman of the Senate Committee on such a special moment when Jill orga- threat. Veterans’ Affairs, he led the Depart- nized a Passover Seder for everyone on Senator UDALL’s commitment to ment of Veterans Affairs Educational our plane to Ho Chi Minh City. It keeping our planet healthy has been Assistance Improvement Act of 2017, brought everyone together to focus on equal in force to his mission of keeping which created opportunities for vet- our common humanity and what we our democracy healthy. Throughout erans to pursue higher education. I am are each called to do: serve others. his career, TOM promoted the notion proud to have cosponsored this bill in Whatever the future holds for you, I that we need structural change in our my first year in office and to have have no doubt that you will continue institutions if we want to move our worked with Senator Isakson to unite serving the people of New Mexico and country forward. He and I worked to- Congress in support of our veterans, this great Nation. Public service, that gether on campaign finance reform to among many other bipartisan causes is what Udalls do. help insulate our elections from the in- led by Johnny. TOM, congratulations on your retire- fluence of special interests and big cor- Senator Isakson’s time in office has ment, and thank you for a job well porations and have fought to reform fi- left a profound mark in the Halls of done. You have been a true blessing to nancing for Presidential elections and Congress. I am confident his courage, New Mexico and our Nation. the FEC. In Washington, he has been a compassion, and celebrated accom- Mr. VAN HOLLEN. Mr. President, I vocal critic of government inaction plishments will be remembered for rise to honor my colleague and good and proposed rule fixes to remedy con- years to come. I thank Senator Isakson friend, Senator TOM UDALL, who will be gressional paralysis, both while in the for his service and send my best wishes retiring from the Senate at the end of minority and in the majority. His calls to him and his wife Dianne and their this Congress. TOM has been a forceful for change have challenged this body to children, Kevin, Julie, and John. advocate for the people of New Mexico, act on institutional adjustments that f a champion for all Americans, and a could help us get more done for the TRIBUTE TO TOM UDALL guardian of our Nation’s public lands American people. and our democracy. It has been my Ms. STABENOW. Mr. President, I But beyond these achievements, one privilege to partner with him, both in rise today to honor someone whom I of TOM’s greatest contributions to the the House and Senate, over the past 17 have had the good fortune to serve Senate is the way in which he has years. alongside both in the House and the made this Chamber a kinder place. His TOM’s family roots were grown from Senate. warm temperament and humble nature In American political history, there American history. Generations ago, his exemplify the character of a true pub- are certain names that carry a legacy. ancestors traveled west and settled on lic servant—someone who is here to do There are the Roosevelts, a family of the American frontier. Although cen- good work on behalf of their constitu- great means who nonetheless under- turies have passed since those early ents, not stroke their own ego. He has stood the deeply personal pain of the pioneers, TOM’s deep connection to our stayed grounded and honored those Great Depression and helped bring a country’s rich history hasn’t waned. He whom he serves, always looking to nation through it. There are the Ken- holds deep respect for the communities move our country forward. In his fare- nedys, a family that for generations that treasured the American landscape well address, Senator UDALL reminded has been near the center of American long before his family arrived, and TOM us that disagreements in politics power and popular culture. has championed the cause of Tribal shouldn’t get in the way of progress. And there are the Udalls. sovereignty throughout his career. As TOM lives and breathes this bedrock Now, the Udalls have never been vice chair of the Senate Indian Affairs principle and has always extended a flashy. They might not be the equiva- Committee, he fought to ensure that hand to those across the aisle in order lent of political royalty. You are more our country fulfills its obligations to to deliver for the American people. Al- likely to find Udalls in cowboy boots indigenous Tribes. His commitment to though he is now headed back West to and jeans than expensive suits. But this cause reminds us, as lawmakers, return to the place that made him, he they are a family that is deeply de- that the government has a responsi- is leaving a lasting legacy of collabora- voted to public service, protecting the bility to respect the rights of all com- tion and success that cannot be un- people and places of the West, and just munities from coast to coast. done. being some of the kindest, hardest- His personal link to the American ex- Thank you, TOM, for your dedication working, most decent folks you could periment has also nourished a passion to this body and to our country, and I ever meet. for conserving our natural inheritance. wish you and your family the best in Senator TOM UDALL has certainly In the House, I was proud to work with the years ahead. lived up to his family’s legacy during him on bolstering our Nation’s renew- Ms. CORTEZ MASTO. Mr. President, his long career in public service. New able energy infrastructure. In the Sen- I want to take a moment to recognize Mexico is so fortunate to be rep- ate, I have been privileged to serve and thank the vice chairman of the resented by him, and I feel so fortunate with him on the Appropriations Sub- Senate Committee on Indian Affairs, to have him as a friend. committee on the Interior and Envi- Senator UDALL, for his years of leader- TOM, it has been such a pleasure to ronment. He has been an advocate for ship in the Senate, on our committee, work with you on issues including pro- supporting the Chesapeake Bay in my and for his commitment and service to

VerDate Sep 11 2014 05:18 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.025 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7707 our Tribal communities. It has been an and TOM is no exception. As a true na- successful, bipartisan effort to reau- honor to serve with him the past 4 tive of New Mexico, Senator UDALL un- thorize Brand USA to promote the years. derstands the importance of protecting United States as a destination to glob- I want to thank Senator UDALL for our public lands and the people who re- al travelers and support workers and his wisdom, his mentorship, and the ex- side there. It has been an honor to businesses in tourism and hospitality ample that he has set for us through serve alongside him in the western del- in our States. I also want to thank him his many years in Congress and in the egation to secure funding for environ- for partnering with me on the ACCESS Senate. I also want to thank his staff mental restoration and public lands Broadband Act to enhance access to for their support of all of our work in preservation. It has been my distinct Federal broadband programs and de- the Senate Committee on Indian Af- pleasure to work with him and his staff liver these vital services to our rural fairs. Senator UDALL’s tireless leader- on monumental legislation such as the communities. Finally, I must acknowl- ship and ability to work across the Great American Outdoors Act, which edge Senator GARDNER for joining Sen- aisle with Chairman HOEVEN, each permanently funds the Land and Water ators BURR, SINEMA, Congressman Member of the Senate, and our Tribal Conservation Fund, LWCF. The LWCF DESAULNIER, and me in introducing the leaders has encouraged all of us to provides funds for restoration and out- Moving FIRST Act to invest in our truly work together in a bipartisan door recreation opportunities in Ne- local communities infrastructure to manner to find solutions on behalf of vada and numerous projects in New help them overcome local challenges our Tribal communities. Mexico. We have also fought side-by- and meet the needs of the future. I am particularly thankful, for Sen- side to defend our public lands from Thank you, again, to Senator GARD- ator UDALL’s leadership in helping en- those who would take them out of pub- NER, for his public service. It has been sure that Senator MURKOWSKI’s and my lic hands. an honor to work with him here in the bills, the Not Invisible Act and Savan- Senator UDALL, your mentorship, ex- Senate and join in his commitment to na’s Act, became law. With their pas- pertise, and, most of all, your friend- all of us throughout the region we call sage, we are finally beginning to ad- ship will be deeply missed. You and home. dress the serious epidemic of missing your family welcomed me with such f and murdered indigenous women and warmth when I began my journey as a girls. His commitment to combatting Senator. I am so grateful to have not TRIBUTE TO DOUG JONES violence against Native women and only a great professional relationship Ms. STABENOW. Mr. President, I children has been crucial for their suc- but a wonderful personal one as well. I rise today to pay tribute to someone cess. would also like to take a moment to who hasn’t been in the Senate very Senator UDALL’s achievements in the thank your wife Jill for showing my long, but whose character, compassion, Senate stand as a testament to the husband Larry the procedures and pro- and dedication to justice will leave a spirit of the West, which we both call tocols as of being new Senate spouse. mark here for years to come. home. From conserving and protecting Larry and I are so happy to have you Many of us are old enough to remem- our public lands through the Great and Jilly as friends for life. ber that awful day in 1963 when a American Outdoors Act and cham- Mr. President, Senator UDALL’s dec- peaceful Sunday morning was shat- pioning the rights of Indian Country, ades as a public servant are an inspira- tered by a bomb. This attack on the to empowering our Tribal communities tion for so many of our colleagues, my- 16th Street Baptist Church in Bir- through introducing the Native Amer- self included. The western delegation mingham, carried out by members of ican Voting Rights Act and ensuring will continue to honor Senator UDALL’s the Ku Klux Klan, ended the lives of vital coronavirus relief funds and care work to reduce global emissions, build four young girls: Carole Robertson, reach those who need it most, Senator a clean energy economy, and protect Addie Mae Collins, Cynthia Wesley, UDALL has always prioritized the needs the public lands that we all hold so and Denise McNair. of western communities. dear. It has been an honor to work with I was just a little younger than Car- Whether it is through finding cre- Senator UDALL, and I wish him and Jill ole, Addie, and Cynthia, who were all ative solutions to address the home- a joyful and tranquil transition in the 14. DOUG JONES was just a couple of work gap through partnering with me years to come. years younger than 11-year-old Denise. to introduce E-Rate Support for School f When something so unspeakable hap- Bus Wi-Fi, or fighting for quality hous- pens to people you could have gone to ing through reauthorization of the Na- TRIBUTE TO CORY GARDNER school with, been friends with, and tive American Housing Assistance and Ms. CORTEZ MASTO. Mr. President, grown up with, it sticks with you. Self-Determination Act, his work here I want to recognize and thank Senator It certainly stuck with DOUG. He got has led to tangible benefits for rural CORY GARDNER for his years of service involved in organizing at the Univer- and Native communities in my home to the people of Colorado. Senator sity of Alabama and volunteered on a State of Nevada and all across the GARDNER has served the people of Colo- campaign to modernize the State’s country. rado for 15 years as a member of the courts. After graduating from Cum- I have no doubt that Senator UDALL’s State house of representatives, a Con- berland School of Law at Samford Uni- legacy of service here will continue to gressman from Colorado Fourth Dis- versity in Birmingham, he served as leave a powerful impact on the lives of trict, and as a U.S. Senator. It has been staff counsel on the Judiciary Com- many in our Tribal communities for an honor to serve with him in the U.S. mittee for Senator Howell Heflin, years to come, so thank you again, Senate and alongside him on the Sen- whose seat he currently holds. Senator UDALL, for all your contribu- ate Committee on Energy and Natural After time as an Assistant U.S. At- tions. Resources. torney and in private practice, DOUG Ms. ROSEN. Mr. President, I rise Like my home State of Nevada, Colo- was confirmed by the Senate as U.S. today with great pride to honor my rado is a precious treasure of the Attorney for the Northern District of dear friend and colleague, Senator TOM American West, famed for its soaring Alabama in 1997. In that position, he UDALL. Throughout his time in Con- peaks and beautiful countryside. Sen- successfully prosecuted two of the four gress, he has continued to be a staunch ator GARDNER committed himself to men responsible for the devastation on advocate for protecting working fami- protect and preserve heritage through that long-ago Sunday morning. He lies, our public lands, and so much championing our national parks and didn’t just remember those four little more. TOM’s desire and commitment to public lands with the passage of the girls. Instead, he fought to bring their serve the people of New Mexico over Great Americans Outdoors Act. Sen- families some measure of justice and the past 20 years are not only inspiring ator GARDNER also understands that closure—because that is just the type but serve as an example of what a preserving our outdoor spaces is vital of person Doug is. faithful public servant represents. to our western economies and to the Doug, your Future Act to perma- As we all know, the ‘‘Udall’’ name physical and emotional well-being of nently fund historically Black colleges rings with great respect and honor the people who call our State home. I and universities will help build a among those involved in public service, must thank him for supporting our brighter future for students across our

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.016 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7708 CONGRESSIONAL RECORD — SENATE December 18, 2020 country. It has been such an honor to over division. My seat is near DOUG’s was proud to work with him on his work with you to extend funding for here on the Senate floor, and we sat to- Military Widow’s Tax Elimination Act, community health centers and to ex- gether during the impeachment trial. which helps ensure that nearly 70,000 pand access to care and resources to Even during one of the darkest mo- surviving military spouses receive families living with Alzheimer’s dis- ments in our country’s history, DOUG their full benefits, as he shepherded ease. And millions of Americans have maintained faith in our better angels. this important legislation through you to thank for a timely vote to save When the trial of the President came Congress. He has also passed legisla- the Affordable Care Act and their to a close, Senator JONES issued a call tion to expand insurance coverage for healthcare. for unity, saying, ‘‘We must find a way COVID–19 vaccines and treatments, Doug, you know what really matters: to come together, to set aside partisan helped his rural constituents navigate pursuing justice, expanding oppor- differences, and to focus on what we the healthcare system, and promoted tunity, and simply making life better have in common as Americans.’’ He justice for victims in unsolved criminal for the people who sent us here. looked forward, past the tension con- civil rights cases. I am proud to have Three days after those beautiful suming Washington and toward bright- worked with him on my legislation to young girls were killed, Dr. Martin Lu- er days ahead. That is DOUG. That is expand workforce development pro- ther King, Jr., delivered their eulogy. how he works. grams and hands-on learning in high In it, he said this: ‘‘(Their deaths) say From the time I chaired the DSCC schools. to each of us, black and white alike, during then-Candidate JONES’ run for These incredible accomplishments that we must substitute courage for Senate in Alabama, to our years to- demonstrate the hard work and dedica- caution. gether in this Chamber, I have always tion that Senator JONES brought to the ‘‘They say to us that we must be con- admired his desire to put country first, Senate. He is a man with unwavering cerned not merely about who murdered follow his conscience, and value prin- principles but a strong drive to find them, but about the system, the way of ciple over politics. He is a man of enor- common ground and bring tangible life, the philosophy which produced the mous integrity—someone who never benefits to the people of Alabama. murderers. forgot who sent him to the Senate, Senator JONES’s legacy in the Senate ‘‘Their death says to us that we must someone who always worked to get re- is one I hope we can all remember as work passionately and unrelentingly sults, and someone who achieved more we look to work together for the bet- for the realization of the American in just a few years than many Senators terment of our States and the Nation. dream.’’ do in multiple terms. It has been a privilege to work along- Doug, you might not know yet what I was proud to work with Senator side him for the last 2 years, and I your future holds, but you have been JONES on the passage of the FUTURE know he will continue to inspire us all working passionately and Act, which provided permanent funding as he begins the next chapter in his dis- unrelentingly for the realization of the for historically Black colleges and uni- tinguished life. American dream for your entire career. versities. His commitment to that Ms. SMITH. Mr. President, DOUG I have absolutely no doubt that in cause has directly benefitted the four JONES and I came to the Senate at the whatever you do next, Doug, you will proud HBCUs in my State of Maryland, same time—a class of just the two of us continue to be a tireless advocate for and the bill is a step forward in the arriving in an off-year to fill partial justice and equality. fight for equity in higher education. I terms. We were sworn in together on Thank you for who you are. It has am also grateful for Senator JONES’s January 3, 2018, with each of us accom- been such an honor serving with you. work to end the military widow’s tax, panied by a former Vice President— Mr. VAN HOLLEN. Mr. President, which prevented military spouses from Walter Mondale in my case, Joe Biden today I rise to honor my dear friend receiving the full benefits they de- in DOUG’s. We shared the unique experi- and colleague, Senator DOUG JONES of served. Senator JONES was a champion ence of arriving during an unprece- Alabama. for the widows who had lived for too dented period in the Senate’s history, DOUG JONES is fearless. He cuts long with broken promises. He was and I am fortunate to have spent the against the grain, shrugging off critics principled, persistent, and got the job first 3 years of my Senate journey with to chart his own path rooted in deeply done. a partner like DOUG by my side. held principles of justice, virtue, and DOUG JONES is a model public serv- DOUG and I both joined the Health, equality. After law enforcement had ant, someone the American people can Education, Labor, and Pensions Com- failed to prosecute civil rights cases for look up to and admire. His absence will mittee, and we quickly found common decades, DOUG JONES successfully be deeply felt in the U.S. Senate, but I cause in rural healthcare. Within brought a measure of justice to the know that just because he will depart months, DOUG had introduced the families of the four girls killed in the the Nation’s Capital on January 3 Rural Health Liaison Act, which helped 16th Street Baptist Church bombing. doesn’t mean his role in this fight is to unify Federal resources to better When skeptics claimed there was no over. Service is in his bones, plain and support the health of rural commu- chance of him winning a Senate race in simple. It has been a profound honor nities. This act, which became law Alabama, DOUG JONES stayed the and privilege to serve alongside him. through our collaboration on the 2018 course and clinched an upset victory. Thank you, DOUG—thank you for all farm bill, put the government in a bet- And despite having seen some of his you have done for our country, and I ter position to respond to crises like own colleagues shy away from address- want to extend my warmest thoughts the one we are experiencing today. The ing controversial issues in this Cham- and wishes to you, your wife Louise, foresight and compassion DOUG dis- ber, DOUG JONES stood up for what he your three children, and your grand- played in leading this initiative were knew was right, from his very first children on behalf of a deeply grateful hallmarks of his time in the Senate. speech in the Senate when he delivered nation. Whether he was working to lower the a moving address on the threat of gun Ms. CORTEZ MASTO. Mr. President, costs of higher education, helping me violence. I want to take a moment to recognize bring high-speed internet to rural But despite his tenacity, Senator and thank Senator DOUG JONES for his areas, or passing legislation to support JONES has never stopped leading with service in the U.S. Senate and to the military spouses, I could always count compassion—compassion for his col- people of Alabama. In just 2 years, Sen- on DOUG to be a voice for rural commu- leagues, compassion for the people of ator JONES has become a respected nities on the HELP Committee. Alabama, and compassion for all Amer- voice in the Senate and built a reputa- DOUG and I also sat next to each icans. Like his personal role model, tion as someone who puts the interests other on the Banking Committee, Atticus Finch, Senator JONES abides by of his constituents before partisanship where I have appreciated his thought- the principle that in order to know or ideology. It has been a privilege ful focus on rectifying racial dispari- someone else truly and fully, you need working alongside him during the 116th ties in income and wealth, particularly to ‘‘climb in his skin and walk around Congress. those caused by Federal policies of the in it.’’ And it is that empathy that has Senator JONES’s achievements are re- past. In addition, DOUG played a key led Senator JONES to champion unity markable for a first-term Senator. I role in leading a bipartisan effort to

VerDate Sep 11 2014 08:51 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.038 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7709 update Federal anti-money laundering scious, and you have always done what crafting the bipartisan Sarbanes-Oxley laws, which I am hopeful will become was right. The lives of the people of Act. I was privileged to serve with Sen- law as part of the NDAA later this Alabama have been made better with ator ENZI on the Senate Budget Com- month. Thanks to his work, we are on you as their Senator. You will be dear- mittee, and despite our differences, he the verge of finally putting a stop to ly missed. always made an effort to treat me and the use of anonymous shell companies f others on the committee with kind- by traffickers, terrorists, and tax dodg- ness, as a true professional and a gen- TRIBUTE TO MARTHA MCSALLY ers, and making numerous other re- tleman. His infamous ‘‘80 percent forms that will cut off funding for Ms. CORTEZ MASTO. Mr. President, tool’’—the notion that all of us can criminal actors and make Americans I would like to take a moment to rec- agree on 80 percent of the issues 80 per- safer. ognize and thank Senator MARTHA cent of the time—will continue to re- I have been proud to call DOUG a col- MCSALLY for her career of service. I mind us on Capitol Hill of the capacity league and friend. I know that Ameri- had the pleasure of serving alongside for Congress to come together on the cans in Alabama, Minnesota, and ev- Senator MCSALLY on various commit- issues that matter. I wish him the best erywhere in between join me in thank- tees but primarily wanted to under- in the years to come. ing him for his service and wishing him score our work together on the Senate I am also sad to say goodbye to my a fond farewell. Committee on Energy and Natural Re- neighbor in the Senate Hart Building Ms. ROSEN. Mr. President, I rise sources’ Subcommittee on Water and and a veteran of this Chamber, Senator today to honor and thank my dear Power. In her capacity as sub- PAT ROBERTS, who is retiring after four friend and colleague, Senator DOUG committee chair and mine as ranking decades serving his home State of Kan- JONES, for the hard and noble work he Member, we were successful in shep- sas in the U.S. Congress. Although Sen- has done in the United States Senate. I herding the Colorado River Drought ator ROBERTS has had a storied career greatly admire his passion and all that Contingency Plan Authorization Act, in Washington, all of us know that his he accomplished for the people of Ala- P.L. 116–1, through the Senate and en- first love was the U.S. Marine Corps. bama and all Americans. suring that it was signed into law on PAT ROBERTS took what he learned in For his entire life, Senator JONES has April 16, 2019. This monumental legisla- the Armed Forces of humility, friend- stood tall as a pillar of justice and tion culminated years of work by the ship, and cooperation and brought equality. After graduating law school, seven Colorado River basin States, re- those values with him to Washington. Senator JONES became counsel to the searchers, local stakeholders, and Trib- As a lawmaker, Senator ROBERTS has Senate Judiciary Committee for then- al governments, and affirmed the com- led with good humor and grace. I was Senator Howell Heflin and served as an mitments made by the basin States to honored to serve with him on the Sen- Assistant United States Attorney reduce States’ water usage and target ate Agriculture Committee, where we shortly after. Senator JONES then be- minimum water levels for reservoirs in worked together on the 2018 farm bill came the U.S. Attorney for the North- the river’s watershed, such as Lake to enhance provisions to help farmers ern District of Alabama, where he Mead on the Arizona-Nevada border clean up the Chesapeake Bay, correct fought for civil liberties and against and Lake Powell on the Utah-Arizona an inequity in how our 1890 HBCUs racial injustice. As U.S. Attorney, he border. I commend Senator MCSALLY’s spend Federal funds, and support our successfully was able to prosecute two dedication to this effort to secure sus- Nation’s minority and veteran farmers. of the four men who were responsible tainable water levels for the 40 million I was also pleased that he joined me in for the 1963 bombing of the 16th Street Americans who rely on the Colorado introducing a bill that would fully fund Baptist Church, and later indicted do- River as a water source. It has truly the IDEA in order to support our mestic terrorist Eric Rudolph. By pur- been a pleasure to work with Senator schools and ensure a first-rate edu- suing these cases, Senator JONES en- MCSALLY on this and other western pri- cation for children with disabilities. couraged us all to continue to reject orities, and I wish her and her family His tireless commitment to promoting bigotry and hate in all its forms. all the best in their future endeavors. comity and camaraderie in this body In 2017, Senator JONES became the f demonstrated that kindness often pre- first Democrat to represent the state of cedes compromise. I salute the years of Alabama since 1997. He made it his TRIBUTE TO DEPARTING REPUB- service he has given in the defense of duty to represent the people of Ala- LICAN SENATE COLLEAGUES our Nation and the promotion of the bama in every vote he made on the Mr. VAN HOLLEN. Mr. President, I common good. And I say directly to my Senate floor. He always voted in the rise to pay tribute to my friends and colleague and friend, PAT ROBERTS: best interests of his constituents, even colleagues on the Republican side of semper fi and Godspeed. when it wasn’t politically expedient or the aisle who are departing the Senate But of those departing the Congress convenient. His service stands as a re- at the conclusion of this Congress. Al- this year, few rival the erudition, minder that bipartisanship is vital in though we might not have always seen warmth, and spirit of Senator LAMAR addressing the issues that our nation eye-to-eye on every issue, I am proud ALEXANDER. He is a true renaissance currently faces. to have worked with them on finding man, who excelled in the academy as Senator JONES is a man of bravery solutions to the many challenges fac- president of the University of Ten- and strength. His heart and passion are ing the American people. nessee, served our country first as Gov- not only moving, but admirable as On January 3, when the new Congress ernor, then as Senator, and has enter- well. I am very proud to have had Sen- is sworn in, we will be missing among tained scores of captivated listeners ator JONES as a friend and colleague as our ranks a stalwart advocate for the with his skills at a piano. Those of us we served alongside each other on the people of Wyoming who has valiantly in the U.S. Senate who have had the HELP Committee these past two years, served in the U.S. Senate for 23 years, distinct pleasure of working with and I am eager to continue watching MIKE ENZI. Senator ENZI’s service to LAMAR ALEXANDER recognize his talent his fierce fight against injustice, join- this body has been defined both by a for building consensus and reaching ing with him in this struggle until hate commitment to principle and a willing- across the aisle to hammer out real so- is rejected in every corner of this na- ness to find common ground. MIKE be- lutions to the problems facing the tion. lieved fully that our focus in Wash- American people. I am particularly DOUG, you have been a great friend ington must always be on crafting leg- grateful for his work on the Senate and colleague of mine in the Senate. It islation, not making headlines. He Committee on Energy and Natural Re- has been an honor serving alongside took a low-ego approach to lawmaking sources, leading the charge to publish a you, and I am so sorry to see you go. and prized delivering results over fo- report on our Nation’s competitiveness We have shared so much, both on and menting conflict. On many occasions, in science and technology. That report, off the Senate floor, and I look forward he extended a hand to those working ‘‘Rising Above the Gathering Storm,’’ to continuing our friendship. During on the other side of the aisle, including produced findings that have been vital your time here, you’ve shown bravery the late great Paul Sarbanes of Mary- to the promotion of increased funding and strength, you followed your con- land, with whom he collaborated in for science and STEM education in my

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.020 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7710 CONGRESSIONAL RECORD — SENATE December 18, 2020 State of Maryland and across the coun- owes $136,754 today, and they are star- their restaurant to outdoor service. try. And his leadership in shepherding ing at a red-ink projection into the fu- But a caterer can still serve outdoors. through the Great American Outdoors ture. We are $27 trillion in total debt Businesses are told they have to Act has allowed for serious invest- today. How do we expect a child to close at an arbitrary time determined ments in our Nation’s public lands, our have economic opportunity when by government officials, as though the conservation efforts, and our outdoor crushing debt is their inheritance from virus only comes out late at night. A economy. Senator ALEXANDER’s com- Congress? business in one Zip Code can be open mitment to bridge-building presents a The numbers are mind-boggling. It is but one in the adjoining Zip Code has model for how the U.S. Congress can hard to conceive of a billion dollars, to close, as if the virus can’t cross an come together, despite the nature of much less a trillion dollars. How big is imaginary line. these divisive times. He will be dearly a billion? Well, a billion seconds ago Airlines are allowed to fly but hotels missed. was 1988 and Reagan was still Presi- have to limit their occupancy, so you Lastly, I would like to extend a warm dent. A billion minutes ago, Jesus may not have anywhere to stay when farewell to my colleague Senator CORY walked the shore of the Sea of Galilee. you get there. GARDNER from the great State of Colo- A billion hours ago, man still lived in Mom-and-pop stores and specialty rado. CORY GARDNER and I first met in caves. But a billion dollars ago—as stores are forced to close, but big box the House of Representatives in 2011. I spent by the Federal Government— competitors are allowed to stay open had just started my fifth term rep- that was just 80 minutes ago. That is because they have a grocery aisle. But resenting Maryland in the House, and right, the Federal Government spends then other States roped off random sec- then-Congressman GARDNER was being a billion dollars every 80 minutes. tions of stores. How is any business ex- sworn in for the first time as the Mem- All of this should be setting off alarm pected to survive that kind of regula- ber from Colorado’s fourth. We got to bells, but the only alarm bells in Con- tion? know each other even better in 2017, gress are sounding the alarm for more Meanwhile, many schools remain when I joined the U.S. Senate and spending, more debt. No cuts. No off- closed despite overwhelming evidence served as the chair of the Democratic sets. No pay-fors. No prioritization. showing kids can safely learn in-person Senatorial Campaign Committee oppo- Just debt. Spend all the money and with basic precautions, which means site Senator GARDNER, who was leave the future to figure itself out. parents can’t go to work, which has chairing the National Republican Sen- Our budget deficit for 2020 was $3.3 tril- forced many parents to leave their jobs atorial Committee. We didn’t always lion, and we are projected to have a to take care of home-bound kids. Now agree on how best to move our country deficit of nearly $2 trillion in 2021. And they have no income because the gov- forward, but I have no doubt in my that was before any additional spend- ernment forced them to leave their mind that Senator GARDNER has served ing on another round of coronavirus jobs to take care of their kids, and our country with unceasing optimism bailout money. many kids are struggling with an im- and love for his State. He possesses a By refusing to acknowledge the debt provised virtual school. profound and deep respect for our Na- crisis, we are only hastening the day of The need for help is real. I hear it tion’s history and institutions. I send economic reckoning. Total debt was 55 every day from Kentuckians and across my best to him and his family. percent of GDP 20 years ago; today it is the country. But it is clear that gov- ernment has worsened the economic f 128 percent. The World Bank estimates there is a tipping point of debt to GDP damage and acted as the biggest obsta- GOVERNMENT SPENDING at about 77 percent. Every percentage cle to economic recovery. Mr. PAUL. Mr. President, the Fed- point after that costs about one-tenth There is no free money to get us out eral Government brought in $3.3 tril- of 1 percent of economic growth. We of this situation. In fact, there is no lion in revenue last year and spent $6.6 are at 128 percent, which means more money at all. The answer is not trillion for a record-setting $3.3 trillion Congress’s continued borrowing is cost- printing up and distributing ‘‘free deficit. If you are looking for more ing the U.S. economy about 8 percent money’’ to everyone. The answer is im- COVID bailout money, we don’t have growth each year. mediately opening the economy. We any. The coffers are bare. We have no We are borrowing and worsening this can choose to let our economies open, rainy day fund. We have no savings ac- debt crisis, in part, because too many with guidance and precautions but not count. Congress has spent all of the Governors and mayors have imposed obstruction. Let people rebuild their money. Congress spent all of the heavyhanded restrictions that crush livelihoods. Reopen our schools so kids money a long time ago. businesses. The pandemic itself was can learn and parents can go back to The economic damage from the pan- disruptive, but Congress is being asked working and earning a living. Congress demic is not the reason for this run- to help perpetuate lockdowns and shut- should do away with automatic spend- away spending. This has gone on for downs through bailouts and debt. ing increases and scrutinize where in decades. Today’s money is gone, so Every bailout dollar printed and passed our budget we can find savings to pay Congress is spending tomorrow’s out to Governors only allows these tin for the pressing needs arising from the money. When you look at a graph of pot dictators to perpetuate the pandemic. This is what I prefer and our projected spending, you see a big lockdowns. Their rules are arbitrary, what I have proposed. Or Congress can spike this year. The spike is a moun- and Governors and mayors across the follow the status quo: Congress can tain of money doled out to pay for the country are picking winners and losers. continue to borrow from our kids—the economic ruin of the government man- Businesses, some that have been in same ones whom we have locked out of dates. families for generations, are being schools. Congress can keep enabling When we talk about spending tomor- wiped out because they are not not al- the shutting down of business by force, row’s money, this is not just money we lowed to offer their services. Res- spend all of today’s money and all of will need next month; this is money we taurants have to close for indoor din- tomorrow’s money. Then good luck fig- will need in a decade—money we will ing, but then they are told they can uring out how to pay for all of this need in one, two, and three generations stay open at limited capacity, but then massive debt. from now. For national defense. For in- they are told they have to close again, It doesn’t have to be this way. This frastructure. This is money that your but then they are told that they can re- debt crisis is a preventable crisis. It is children and grandchildren will pay open but bars have to close. Confusing not too late to change our course. Cut back with interest, and it is going up doesn’t explain the half of it. unnecessary spending, eliminate waste, by more than a trillion dollars every Bars are told they can only serve al- stop fighting a $50 billion per year for- year. cohol if people are sitting and not ever war in Afghanistan. Make the Instead of enjoying the same wealth standing and only if they have heavy hard decisions now. We can’t keep pre- and opportunity that we have enjoyed foods on their menus. Restaurants are tending that more debt is a sustainable in this country, our children will be told they can serve outdoors, then have policy course. Leadership is not pass- stuck paying our bills—with interest. that permission revoked after they ing on the problem to someone who Every taxpaying American already have sunk time and money converting can’t protest, leadership is making the

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.042 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7711 hard choices now. That is what we have the COVID–19 pandemic compounded country, the largest energy fields, an to do. I will oppose this new debt, and the challenges facing families in the array of military complexes, and fas- I will continue to sound the alarm area, Reverend Height and the Shep- cinating Alaska Native legal issues. until we change our course here in Con- herd Community team met those chal- More than anything, Alaska needs good gress. lenges head on, and arm-in-arm with leaders with integrity—hard-working f their neighbors. In a recent article in people like Mike, who love their State the Indianapolis Star, Reverend Height and give it their all. We haven’t seen RECOGNIZING THE SHEPHERD said, ‘‘Hope is a precious commodity. the last of Mike. He will always be a COMMUNITY CENTER When it’s lost, the consequences for part of our team. And I am sure that Mr. YOUNG. Mr. President, I rise to human life are devastating.’’ we will always work together to make recognize Shepherd Community Cen- I agree, Reverend Height. And I know sure Alaska thrives. ter’s 35 years of service to individuals the countless families of Indianapolis So good luck to you, Mike. You left and families on the near eastside of In- that Shepherd has served in its first 35 a mark and a hole. Best wishes on a dianapolis, IN. Since 1985, this faith- years are eternally grateful that Shep- bright future ahead. based, inner-city ministry has operated herd has been a custodian of hope for with the mission to ‘‘break the cycle of our capital city. On behalf of those f poverty on the near Eastside of Indian- families and the State of Indiana, I TRIBUTE TO KAREN ROBB apolis by engaging and empowering the congratulate you on the 35th anniver- community to cultivate healthy chil- sary of Shepherd Community Center, I Mr. VAN HOLLEN. Mr. President, I dren, strong families, and vibrant thank everyone who has worked and rise to recognize an extraordinary neighborhoods through a Christ-cen- sacrificed in order to bless their neigh- member of my staff who retired from tered approach that meets the phys- borhoods through the work of Shepherd the Senate earlier this year, Karen ical, emotional, spiritual, and aca- and wish the Shepherd Community Robb. demic needs of our neighbors.’’ Center all the best as it carries on that For 15 years, Karen Robb served as a Shepherd Community Center serves good and crucial work. critical senior member of my staff, first in my House office and then in the the near Eastside of Indianapolis, f where poverty rates in the area reach Senate. Karen is a trusted adviser, as high as 38.6 percent and 8 of 10 chil- TRIBUTE TO MIKE ANDERSON skilled leader, and wonderful friend. dren rely on school as their primary Mr. SULLIVAN. Mr. President. I Over the years she has been a key part- source of food during the week. Shep- would like recognize a critical member ner in many of our successful legisla- herd provides hope and support to its of my staff, Mike Anderson, who left tive initiatives and was a tireless advo- neighbors through a unique and holis- my office in August to pursue a legal cate for the people of Maryland. A tic approach Shepherd calls its Con- career his hometown of Anchorage, AK, humble and committed public servant, tinuum of Care. The Continuum of Care something he has aspired to do since a Karen is driven by her deep-rooted val- is a full set of programs that allows young age. ues and a strong commitment to public Shepherd to be continuously engaged Communications director was a more service and the institution of the Con- in the lives of neighborhood children, than appropriate title for Mike. He di- gress. teens, and their parents. It is designed rected so much of our communication, Karen was already a seasoned pro on to help area families overcome the both internally and externally. You Capitol Hill when she joined my team challenges they may be facing in all would often find Mike going from staff as chief of staff in the House of Rep- areas: physical, emotional, spiritual, member to staff member, asking them resentatives office 15 years ago. She and academic. questions, relaying information from had previously served as Deputy As- Shepherd’s approach has consistently one team to the next. In our office, if sistant to President Clinton in the Of- yielded positive results, and families in you had a question about what any- fice of Legislative Affairs, chief of staff its programs have become stronger body was up to, you would ask Mike. to Senator John Edwards, democratic physically, emotionally, spiritually, That is a special quality. We miss it staff director for the Senate Judiciary and financially. Shepherd’s students very much. Committee under then-Senator Joe also attain higher academic achieve- Mike is no stranger to Alaska polit- Biden, and chief counsel to Senator ment. In an area where only 33 percent ical offices. Fresh out of college at the Dennis DeConcini. Her extensive expe- of entering freshmen graduate high University of Alaska Fairbanks, he rience in both the legislative and exec- school and only 75 percent of those who took a job with Congressman DON utive branches helped us achieve sig- graduate go on to college, nearly 90 YOUNG, and then worked for Senator nificant victories for Maryland and percent of Shepherd’s seniors graduate LISA MURKOWSKI. In 2014, I was looking pass priorities important to the Amer- and go on to college, job training, or for someone to help with communica- ican people. the military. tions on my campaign. It was the first An attorney, Karen has always iden- Shepherd’s history dates to the fall time I had run for office, and I was run- tified first as a policy wonk with par- of 1984, when the Westside Church of ning against an incumbent with big ticularly deep knowledge of the judici- the Nazarene sent a group of volun- name recognition. Mike came on board. ary, and I drafted her into becoming an teers to Central Nazarene Church to He took a chance on me—it is some- expert on campaign finance reform and serve a Thanksgiving meal. In Feb- thing I will never forget. election issues. She worked with Fred ruary 1985, that simple meal blossomed He had been taking law classes at Wertheimer of Democracy 21 and other into an organization: Central Nazarene night at the Catholic University of reformers to change the political fi- Mission. A few years later, the name America for the past few years working nance system through legislation and was changed to Shepherd Community in my office. He balanced it all, was on the courts. Karen worked tirelessly to Center. Reverend Dean Cowles was the the clock around the clock, and did it help draft the Lobbying Transparency founding director and served in that with grace and humor. He was our of- Act, legislation I introduced to shine a role for Shepherd’s first 4 years. Rev- fice communicator, but he was also the light on lobbyist bundling of political erend John Hay, Jr. served for the next office friend—the person you would go contributions that ultimately became few years. Following Hay’s departure, to for advice on things big and small, law as part of an ethics reform pack- Cowles returned and served yet another the person you would call on for an as- age. Many Members of Congress op- 4 years. After a few years of transition, sist if you needed to move. It helped posed the effort, but it was the right Reverend Jay Height was named execu- that he is a short 6′8″. Mike always thing to do, and with the support of tive director in 1998 and continues to showed up. Working together—as one Speaker PELOSI, it passed in the House, serve today. team, one fight—we got big things done while Senators Obama and Feingold And my friend Reverend Height has for our State. pushed it through in the Senate. been a tireless champion for families Mike is going to make a great lawyer After the Supreme Court’s notorious on the near Eastside every day since in Alaska. As a State, we have so much decision in Citizens United v. Federal then. In a 35th anniversary year when potential: the biggest fisheries in the Election Commission, we worked for

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.035 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7712 CONGRESSIONAL RECORD — SENATE December 18, 2020 months to write and pass the DIS- have never been abstract—she has per- by the Government Accountability Office re- CLOSE Act in the House of Representa- sonally hauled supplies on her trips to lating to advance contracts, and for other tives. The DISCLOSE Act is based on Nyumbani, and, in the wake of Hurri- purposes. the idea that voters have a right to cane Katrina, she jumped in her car S. 2730. An act to establish and ensure an inclusive and transparent Drone Advisory know what individuals and interests and drove to New Orleans to help res- Committee. are financing the political advertise- cue and rehome animals. While a loss S. 3418. An act to amend the Robert T. ments trying to influence their votes. to the Senate, Karen’s retirement gives Stafford Disaster Relief and Emergency As- It was vigorously opposed by deep- her more time to spend on the many sistance Act to allow the Administrator of pocketed special interests that prefer causes close to her heart, including to the Federal Emergency Management Agency to operate in the dark and hide behind her continued service on the Nyumbani to provide capitalization grants to States to front organizations, but Karen kept at board of directors. establish revolving funds to provide hazard it. She spent countless hours negoti- Karen Robb was not a bystander to mitigation assistance to reduce risks from ating every comma and definition. disasters and natural hazards, and other re- any project she embarked on. She was lated environmental harm. With perseverance, we succeeded in hands-on, all in, and whatever it takes. S. 5036. An act to amend the Overtime Pay eking out a victory of 219 to 206 in the From the smallest detail to the biggest for Protective Services Act of 2016 to extend House. The Senate version failed by obstacle, she threw herself into her the Secret Service overtime pay exception one vote, and we have been trying to work and our lives. She is a compas- through 2023, and for other purposes. pass it here ever since. sionate person who always puts others Karen helped us pass legislation pro- first. My family and I will be forever At 6:26 p.m., a message from the tecting whistleblowers who put their grateful for Karen’s friendship, many House of Representatives, delivered by careers at risk to expose wrongdoing— talents, and loyal service. Our entire Mrs. Cole, one of its reading clerks, an- an issue that has become even more team will miss her and the wisdom she nounced that the House has passed the important in recent years. She recog- brought to the often-hectic world of following joint resolution, in which it nized that the success of our democ- congressional offices. I wish her the requests the concurrence of the Senate: racy depends on people’s willingness to very best as she embarks on her new H.J. Res. 107. Joint resolution making fur- speak truth to power, and it is our job adventures. ther continuing appropriations for fiscal year 2021, and for other purposes. to advance the truth for the public f good. f During my time in the House, Karen MESSAGES FROM THE HOUSE MEASURES REFERRED served in a number of key roles, includ- At 10:41 a.m., a message from the ing as policy director of my Assistant House of Representatives, delivered by The following bill was read the first to the Speaker’s Office, where she ac- Mrs. Cole, one of its reading clerks, an- and the second times by unanimous companied me to all the House leader- nounced that the House has passed the consent, and referred as indicated: ship meetings as well as the House- following bill, with an amendment, in H.R. 3797. An act to amend the Controlled Senate bicameral leadership meetings. which it requests the concurrence of Substances Act to make marijuana acces- She always had good insights and was the Senate: sible for use by qualified marijuana research- respected by all. Karen also served as ers for medical purposes, and for other pur- S. 3989. An act to amend the United States poses; to the Committee on the Judiciary. counsel on the House Budget Com- Semiquincentennial Commission Act of 2016 mittee during the time I was the rank- to modify certain membership and other re- f ing member on the committee and quirements of the United States INTRODUCTION OF BILLS AND Semiquincentennial Commission, and for played an important role during my JOINT RESOLUTIONS participation in the bipartisan budget other purposes. negotiations headed by then-Vice The message also announced that the The following bills and joint resolu- President Biden. During our tenure on House has passed the following bills, in tions were introduced, read the first the House Budget Committee, House which it requests the concurrence of and second times by unanimous con- Democrats proposed budgets to expand the Senate. sent, and referred as indicated: economic opportunity for all, strength- H.R. 3250. An act to require the Secretary By Mr. SANDERS: en Medicare and Social Security, put of the Interior to conduct a special resource S. 5063. A bill to amend the Internal Rev- enue Code of 1986 to provide additional recov- our country on a path for strong jobs study of the sites associated with the life and legacy of the noted American philan- ery rebates to individuals; to the Committee and wage growth, and much more. She on Finance. was at the center of these efforts and thropist and business executive Julius Rosenwald, with a special focus on the By Mr. GRASSLEY (for himself, Ms. understood that budgets are more than Rosenwald Schools, and for other purposes. HASSAN, and Mr. LANKFORD): just lists of programs and tabulations H.R. 5472. An act to redesignate the Jimmy S. 5064. A bill to amend the Internal Rev- of dollars and cents—they represent Carter National Historic Site as the ‘‘Jimmy enue Code of 1986 to increase retirement sav- the priorities and values of the Amer- Carter National Historical Park’’. ings, to improve retirement plan administra- ican people. H.R. 5852. An act to redesignate the Weir tion, and for other purposes; to the Com- Upon arriving in the Senate, Karen’s Farm National Historic Site in the State of mittee on Finance. By Mr. SCHUMER (for himself, Mrs. deep roots in the Upper Chamber got us Connecticut as the ‘‘Weir Farm National MURRAY, Mr. WYDEN, Mr. DURBIN, Mr. off to a quick start. She set up our of- Historical Park’’. H.R. 6535. An act to deem an urban Indian REED, Mr. CARPER, Ms. STABENOW, fice and had an insider’s knowledge of organization and employees thereof to be a Mr. BROWN, Mr. WARNER, Mrs. GILLI- how to navigate many of the Senate’s part of the Public Health Service for the pur- BRAND, Ms. HIRONO, Mr. BOOKER, Ms. byzantine traditions and processes. poses of certain claims for personal injury, DUCKWORTH, Ms. HARRIS, Mr. UDALL, With her wise guidance, we were able and for other purposes. Mr. CARDIN, Ms. BALDWIN, Mr. to achieve much for Marylanders in a H.R. 7460. An act to extend the authority MERKLEY, Mr. WHITEHOUSE, Mr. short time. for the establishment by the Peace Corps SCHATZ, Mr. SANDERS, Ms. KLO- Karen’s love for the twists and turns Commemorative Foundation of a commemo- BUCHAR, Mr. BLUMENTHAL, Mr. VAN rative work to commemorate the mission of HOLLEN, Mr. HEINRICH, and Mr. of lawmaking and politics is surpassed PETERS): only by her love of children and ani- the Peace Corps and the ideals on which the Peace Corps was founded, and for other pur- S. 5065. A bill to provide more than mals—her first stop after leaving our poses. $435,000,000,000 in immediate and long-term office was the Nyumbani AIDS orphan- investments in communities to promote eco- age in Kenya, where she has served as At 3:03 p.m., a message from the nomic justice, and for other purposes; to the a guardian angel for many years. She House of Representatives, delivered by Committee on Finance. has helped to raise funds for supplies Mrs. Cole, one of its reading clerks, an- By Mr. THUNE (for himself, Mr. for the orphanage while taking a direct MERKLEY, Ms. COLLINS, and Mr. nounced that the House has passed the KING): personal interest in the children who following bills, without amendment: S. 5066. A bill to amend the Poultry Prod- live there, sharing photos and stories S. 979. An act to amend the Post-Katrina ucts Inspection Act and the Federal Meat In- and delighting in their growth and Emergency Management Reform Act of 2006 spection Act to support small and very small progress. Karen’s charitable efforts to incorporate the recommendations made meat and poultry processing establishments,

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G18DE6.043 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7713 and for other purposes; to the Committee on programs for long-term unemployed HOUSE, Mr. SCHATZ, Mr. SAND- Agriculture, Nutrition, and Forestry. workers, and for other purposes. ERS, Ms. KLOBUCHAR, Mr. By Ms. ROSEN (for herself and Mr. S. 2561 BLUMENTHAL, Mr. VAN HOLLEN, CRAMER): Mr. HEINRICH, and Mr. PETERS): S. 5067. A bill to provide a credit against At the request of Mr. BLUMENTHAL, payroll taxes to businesses and nonprofit or- the name of the Senator from Hawaii S. 5065. A bill to provide more than ganizations that purchase or upgrade ven- (Ms. HIRONO) was added as a cosponsor $435,000,000,000 in immediate and long- tilation and air filtration systems to help of S. 2561, a bill to amend the Lacey term investments in communities to prevent the spread of COVID–19 and other Act Amendments of 1981 to clarify pro- promote economic justice, and for airborne communicable diseases; to the Com- visions enacted by the Captive Wildlife other purposes; to the Committee on mittee on Finance. Safety Act, to further the conservation Finance. By Ms. KLOBUCHAR: Mr. THUNE. Mr. President, I ask S. 5068. A bill to direct the Secretary of of certain wildlife species, and for Labor to award formula and competitive other purposes. unanimous consent that the text of the ECORD grants for layoff aversion activities, and for S. 4494 bill be printed in the R . There being no objection, the text of other purposes; to the Committee on Health, At the request of Ms. HASSAN, the Education, Labor, and Pensions. name of the Senator from Nevada (Ms. the bill was ordered to be printed in By Ms. CORTEZ MASTO: the RECORD, as follows: CORTEZ MASTO) was added as a cospon- S. 5069. A bill to amend the Internal Rev- S. 5065 enue Code of 1986 to increase the exclusion sor of S. 4494, a bill to amend title VI for educational assistance programs; to the of the Social Security Act to extend Be it enacted by the Senate and House of Rep- Committee on Finance. the period with respect to which resentatives of the United States of America in Congress assembled, f amounts under the Coronavirus Relief Fund may be expended. SECTION 1. SHORT TITLE. SUBMISSION OF CONCURRENT AND This Act may be cited as the ‘‘Economic SENATE RESOLUTIONS S. 4641 Justice Act’’. At the request of Mr. BENNET, the SEC. 2. TABLE OF CONTENTS. The following concurrent resolutions name of the Senator from New Mexico and Senate resolutions were read, and The table of contents of this Act is the fol- (Mr. HEINRICH) was added as a cospon- lowing: referred (or acted upon), as indicated: sor of S. 4641, a bill to amend the Min- Sec. 1. Short title. By Mr. SCOTT of Florida (for himself, eral Leasing Act to provide for trans- Sec. 2. Table of contents. Mr. TILLIS, Mr. WICKER, Mr. BOOZ- parency and landowner protections in Sec. 3. Emergency designation. MAN, Mr. CRAMER, Mr. PERDUE, Mr. the conduct of lease sales under that TITLE I—CHILD CARE IS ESSENTIAL ROUNDS, Mr. RUBIO, Mrs. BLACKBURN, PROGRAM Mr. COTTON, Mr. HOEVEN, Mr. BRAUN, Act, and for other purposes. Sec. 1001. Child care is essential program. Mrs. LOEFFLER, Mr. CRUZ, Mrs. HYDE- S. 5028 SMITH, Mr. LANKFORD, Mr. BARRASSO, At the request of Mr. BENNET, the TITLE II—EXPANDING AND IMPROVING Mr. PAUL, and Mr. DAINES): name of the Senator from Massachu- ACCESS TO COMMUNITY HEALTH CARE S. Res. 806. A resolution defending the free setts (Ms. WARREN) was added as a co- Subtitle A—Support for Health Centers, exercise of religion; to the Committee on the sponsor of S. 5028, a bill to amend the Hospitals, and Other Health Care Facilities Judiciary. Federal Election Campaign Act of 1971 Sec. 2101. Primary health care. By Mr. MENENDEZ: Sec. 2102. Additional community health cen- S. Res. 807. A resolution urging the Gov- to require each authorized committee or leadership PAC of a former can- ter funding. ernment of Uganda and all parties to respect Sec. 2103. Teaching health centers that oper- human, civil, and political rights and ensure didate for election for Federal office to ate graduate medical education free and fair elections in January 2021, and disburse all of the remaining funds of program. recognizing the importance of multiparty de- the committee or PAC after the elec- Sec. 2104 Hospital infrastructure. mocracy in Uganda; to the Committee on tion, and for other purposes. Sec. 2105. 21st century Indian health pro- Foreign Relations. S. CON. RES. 9 gram hospitals and outpatient By Mr. BOOKER (for himself, Mr. health care facilities. At the request of Mr. ROBERTS, the SCOTT of South Carolina, Mr. BROWN, Sec. 2106. Pilot program to improve commu- Mr. GRAHAM, Mr. JONES, Mr. RUBIO, name of the Senator from Indiana (Mr. nity-based care infrastructure. Mr. MARKEY, Mr. BLUMENTHAL, Ms. YOUNG) was added as a cosponsor of S. Sec. 2107. School-based health centers. SMITH, and Mr. CARDIN): Con. Res. 9, a concurrent resolution ex- S. Res. 808. A resolution congratulating the Subtitle B—Support for Health Care pressing the sense of Congress that tax- Workforce Training National Urban League on 110 years of serv- exempt fraternal benefit societies have ice empowering African Americans and other Sec. 2201. Grants for schools of medicine and underserved communities while helping to historically provided and continue to schools of osteopathic medicine foster a more just, equitable, and inclusive provide critical benefits to the people in underserved areas. United States; considered and agreed to. and communities of the United States. Sec. 2202. Support for nursing education and f S. RES. 624 the future nursing workforce. Sec. 2203. Loan Repayment Program for sub- At the request of Mr. COONS, the ADDITIONAL COSPONSORS stance use disorder treatment name of the Senator from Illinois (Mr. workforce. S. 568 DURBIN) was added as a cosponsor of S. Sec. 2204. Loan repayment and scholarship At the request of Mr. BENNET, his Res. 624, a resolution expressing the programs for the nursing work- name was added as a cosponsor of S. sense of the Senate that the activities force. 568, a bill to amend the Child Care and of Russian national Yevgeniy Sec. 2205. Additional funding for health pro- Development Block Grant Act of 1990 Prigozhin and his affiliated entities fessions education. and the Head Start Act to promote pose a threat to the national interest Sec. 2206. Additional funding for nursing child care and early learning, and for and national security of the United workforce development. Sec. 2207. National Health Service Corps. other purposes. States. Subtitle C—Improving Access to Health Care S. 1267 f Services At the request of Mr. MENENDEZ, the name of the Senator from Arizona (Mr. STATEMENTS ON INTRODUCED Sec. 2301. Expanding access to mental health BILLS AND JOINT RESOLUTIONS services and certain evaluation KELLY) was added as a cosponsor of S. and management services fur- 1267, a bill to establish within the By Mr. SCHUMER (for himself, nished through telehealth. Smithsonian Institution the National Mrs. MURRAY, Mr. WYDEN, Mr. Sec. 2302. Enhanced Federal Medicaid sup- Museum of the American Latino, and DURBIN, Mr. REED, Mr. CARPER, port for community-based mo- for other purposes. Ms. STABENOW, Mr. BROWN, Mr. bile crisis intervention services. Sec. 2303. Extension and expansion of Com- S. 1920 WARNER, Mrs. GILLIBRAND, Ms. munity Mental Health Services At the request of Mr. VAN HOLLEN, HIRONO, Mr. BOOKER, Ms. demonstration program; fund- the name of the Senator from Oregon DUCKWORTH, Ms. HARRIS, Mr. ing for the Certified Commu- (Mr. MERKLEY) was added as a cospon- UDALL, Mr. CARDIN, Ms. BALD- nity Behavioral Health Clinic sor of S. 1920, a bill to establish jobs WIN, Mr. MERKLEY, Mr. WHITE- Expansion Grant Program.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0655 E:\CR\FM\A18DE6.011 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7714 CONGRESSIONAL RECORD — SENATE December 18, 2020 Sec. 2304. Expanding capacity for health Subtitle E—Modernizing Child Support Sec. 4233. Establishment. outcomes. Sec. 3501. Short title; definition. Sec. 4234. Cooperative agreements. Sec. 2305. Ryan White HIV/AIDS program. Sec. 4235. Minimizing disruptions to existing CHAPTER 1—PROMOTING RESPONSIBLE FA- Sec. 2306. Community mental health serv- Business Centers program. THERHOOD AND STRENGTHENING LOW-INCOME ices block grant. Sec. 4236. Publicity. FAMILIES Sec. 2307. Substance abuse prevention and Sec. 4237. Authorization of appropriations. Sec. 3511. Reauthorization of healthy mar- treatment block grant. CHAPTER 3—NEW INITIATIVES TO PROMOTE riage promotion and respon- TITLE III—FEDERALLY SUPPORTED ECONOMIC RESILIENCY FOR MINORITY BUSI- sible fatherhood grants. JOBS, TRAINING, AND AT-RISK YOUTH NESSES CHAPTER 2—IMPROVING RESOURCES FOR DO- INITIATIVES Sec. 4241. Annual diverse business forum on MESTIC VIOLENCE AND FAMILY STRENGTH- Subtitle A—Department of Labor capital formation. ENING Employment and Training Programs Sec. 4242. Agency study on alternative fi- Sec. 3101. Definitions and WIOA require- Sec. 3521. Best practices for coordination of nancing solutions. ments. policy to address domestic vio- Sec. 4243. Educational development relating lence and family engagement. CHAPTER 1—WORKFORCE DEVELOPMENT AC- to management and entrepre- Sec. 3522. Grants supporting healthy family TIVITIES IN RESPONSE TO THE COVID–19 NA- neurship. partnerships for domestic vio- TIONAL EMERGENCY CHAPTER 4—ADMINISTRATIVE AND OTHER POW- lence intervention and preven- ERS OF THE AGENCY; MISCELLANEOUS PROVI- Sec. 3111. Workforce response activities. tion. SIONS Sec. 3112. National dislocated worker grants. Sec. 3523. Procedures to address domestic vi- Sec. 3113. State dislocated worker activities olence. Sec. 4251. Administrative powers. responding to the COVID–19 Sec. 4252. Financial assistance. CHAPTER 3—MODERNIZATION OF CHILD emergency. Sec. 4253. Audits. SUPPORT ENFORCEMENT Sec. 3114. Youth workforce investment ac- Sec. 4254. Review and report by Comptroller tivities responding to the Sec. 3531. Pilot program to stay automatic general. COVID–19 national emergency. child support enforcement Sec. 4255. Annual reports; recommendations. Sec. 3115. Adult employment and training against non-custodial parents Sec. 4256. Separability. activities responding to the participating in a healthy mar- Sec. 4257. Executive Order 11625. COVID–19 national emergency. riage or responsible fatherhood Sec. 4258. Amendment to the Federal Acqui- CHAPTER 2—EMPLOYMENT SERVICE COVID–19 program. sition Streamlining Act of 1994. NATIONAL EMERGENCY RESPONSE FUND Sec. 3532. Closure of certain child support Subtitle C—PRIME Program enforcement cases. Sec. 3121. Employment service. Sec. 4301. Funding for PRIME program. CHAPTER 4—PARENTING TIME SERVICES PILOT CHAPTER 3—JOB CORPS RESPONSE TO THE PROGRAM Subtitle D—Providing Real Opportunities for COVID–19 NATIONAL EMERGENCY Growth to Rising Entrepreneurs for Sus- Sec. 3131. Job Corps response to the COVID- Sec. 3541. Parenting time services pilot pro- tained Success gram. 19 national emergency. Sec. 4401. Angel Investor Tax Credit. CHAPTER 4—NATIONAL PROGRAMS CHAPTER 5—IMPROVEMENTS TO THE CHILD Sec. 4402. First Employee Business Wage SUPPORT PASS-THROUGH REQUIREMENTS Sec. 3141. Native American programs re- Credit. sponding to the COVID–19 na- Sec. 3551. Child support pass-through pro- Subtitle E—Community Development tional emergency. gram improvements. Investment Sec. 3142. Migrant and seasonal farmworker Sec. 3552. Ban on recovery of Medicaid costs Sec. 4501. Short title. program response. for births. Sec. 4502. Purpose. Sec. 3143. YouthBuild activities responding Sec. 3553. Improving State documentation Sec. 4503. Considerations; requirements for to the COVID–19 national emer- and reporting of child support creditors. gency. collection data. Sec. 4504. Sense of Congress. Sec. 3144. Reentry employment opportuni- CHAPTER 6—PROGRAM FLEXIBILITY DURING Sec. 4505. Neighborhood Capital Investment ties responding to the COVID–19 THE COVID–19 PANDEMIC Program. national emergency. Sec. 3561. Emergency TANF flexibility. Sec. 3145. Registered apprenticeship oppor- Sec. 4506. Emergency support for CDFIs and Sec. 3562. 2020 recovery rebates not subject communities. tunities responding to the to reduction or offset with re- COVID–19 national emergency. Sec. 4507. Ensuring diversity in community spect to past-due support. banking. CHAPTER 5—ADULT EDUCATION AND LITERACY Sec. 3563. Protection of 2020 recovery re- Sec. 4508. Establishment of Financial Agent COVID–19 NATIONAL EMERGENCY RESPONSE bates. Partnership Program. Sec. 3151. Definitions. CHAPTER 7—EFFECTIVE DATE Sec. 4509. Strengthening minority lending Sec. 3152. Adult education and literacy re- Sec. 3571. Effective date. institutions. sponse activities. Sec. 4510. CDFI Bond Guarantee Reform. TITLE IV—CAPITAL AND SUPPORT FOR Sec. 3153. Distribution of funds. Sec. 4511. Reports. SMALL BUSINESSES CHAPTER 6—COMMUNITY COLLEGE AND Sec. 4512. Inspector General oversight. INDUSTRY PARTNERSHIP GRANTS Subtitle A—More Lending to Small Sec. 4513. Study and report with respect to Sec. 3161. Community college and industry Businesses in Communities of Color impact of programs on low- and partnership grants. Sec. 4101. Community advantage loan pro- moderate-income and minority CHAPTER 7—SENIOR COMMUNITY SERVICE gram. communities. Sec. 4102. Spurring innovation in under- EMPLOYMENT PROGRAM TITLE V—DOWNPAYMENT ON BUILDING served markets. 21ST CENTURY INFRASTRUCTURE Sec. 3171. Appropriations. Sec. 4103. Office of Emerging Markets. CHAPTER 8—GENERAL PROVISIONS Sec. 4104. SBIC Diversity Working Group. Sec. 5001. Findings. Sec. 3176. General provisions. Subtitle B—Minority Business Resiliency Subtitle A—High-speed Internet Subtitle B—Carl D. Perkins Career and Sec. 4201. Short title. Sec. 5101. Definitions. Technical Education Act of 2006 Sec. 4202. Findings and purposes. CHAPTER 1—BROADBAND CONNECTIVITY FUND Sec. 3201. Definitions and Perkins CTE re- Sec. 4203. Definitions. Sec. 5111. Definitions. quirements. Sec. 4204. Minority Business Development Sec. 5112. Additional broadband benefit. Sec. 3202. COVID–19 career and technical Agency. Sec. 5113. Grants to States to strengthen Na- education response flexibility. CHAPTER 1—COVID–19 RAPID RESPONSE tional Lifeline Eligibility Sec. 3203. Perkins career and technical edu- Sec. 4211. Emergency appropriation. Verifier. cation. Sec. 5114. Federal coordination between CHAPTER 2—EXISTING INITIATIVES Sec. 3204. General provisions. Lifeline and SNAP verification. SUBCHAPTER A—MARKET DEVELOPMENT, Subtitle C—Pandemic TANF Assistance CHAPTER 2—TRIBAL BROADBAND RESEARCH, AND INFORMATION Sec. 3301. Emergency flexibility for State Sec. 5121. Definitions. Sec. 4221. Private sector development. and Tribal TANF programs. Sec. 5122. Tribal Broadband Fund. Sec. 4222. Public sector development. Sec. 3302. Coronavirus Emergency Assist- Sec. 5123. Interagency coordination pro- Sec. 4223. Research and information. ance Grants for Low-Income gram. Families. SUBCHAPTER B—MINORITY BUSINESS Sec. 5124. Broadband for Tribal libraries and Subtitle D—Preventing Child Abuse and DEVELOPMENT CENTER PROGRAM consortiums. Neglect Sec. 4231. Purpose. Sec. 5125. Tribal set-aside. Sec. 3401. CAPTA investments. Sec. 4232. Definitions. Sec. 5126. Universal service on Tribal land.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0655 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7715 Sec. 5127. Tribal broadband factor. Sec. 5408. Brownfields funding. Sec. 9005. Respectful maternity care compli- Sec. 5128. Pilot program for Tribal grant of Sec. 5409. Technical assistance and grants ance program. rights-of-way for broadband fa- for emergencies affecting public Sec. 9006. Bias training for all employees in cilities. water systems. maternity care settings. CHAPTER 3—CONNECTED DEVICES Sec. 5410. Grants for state programs. Sec. 9007. Study on reducing and preventing Sec. 5131. E–Rate support for Wi-Fi hotspots, Sec. 5411. Drinking water State revolving bias, racism, and discrimina- other equipment, and connected loan funds. tion in maternity care settings. devices. Sec. 5412. Source water petition program. Sec. 9008. Maternal Health Research Net- Sec. 5413. Assistance for small and disadvan- work. CHAPTER 4—DIGITAL EQUITY taged communities. Sec. 9009. Innovation in maternity care to Sec. 5141. Short title. Sec. 5414. Reducing lead in drinking water. close racial and ethnic mater- Sec. 5142. Definitions. Sec. 5415. Operational sustainability of nal health disparities in mental Sec. 5143. Sense of Congress. small public water systems. health and substance use dis- Sec. 5144. State Digital Equity Capacity Sec. 5416. Drinking water system infrastruc- order treatment grants. Grant Program. ture resilience and sustain- Sec. 9010. Grants to grow and diversify the Sec. 5145. Digital Equity Competitive Grant ability program. perinatal workforce. Program. Sec. 5417. Needs assessment for nationwide Sec. 9011. Grants to grow and diversify the Sec. 5146. Policy research, data collection, rural and urban low-income doula workforce. analysis and modeling, evalua- community water assistance. Sec. 9012. Grants to State, local, and tribal tion, and dissemination. Sec. 5418. Lead contamination in school public health departments ad- Sec. 5147. General provisions. drinking water. dressing social determinants of Subtitle B—Affordable Housing and Commu- Sec. 5419. Indian reservation drinking water health for pregnant and nity Investments and Restoring Fair Hous- program. postpartum women. ing Protections Sec. 5420. Water infrastructure and work- TITLE X—10–20–30 ANTI–POVERTY INITIA- Sec. 5201. Affordable housing and commu- force investment. TIVE AND HIRING AND CONTRACTING nity investments and restoring Sec. 5421. Small and disadvantaged commu- OPPORTUNITIES fair housing protections. nity analysis. Subtitle A—10–20–30 Anti-poverty Initiative Subtitle C—School, Library, and Institution Sec. 5422. Mapping and screening tool. Sec. 10101. Definitions. Infrastructure Sec. 5423. Emergency household water and wastewater assistance program. Sec. 10102. 10–20–30 formula for persistent CHAPTER 1—SCHOOL INFRASTRUCTURE Sec. 5424. Requirement. poverty counties. Sec. 5301. Definitions. Sec. 10103. Targeting high-poverty census Sec. 5302. Development of data standards. CHAPTER 2—CLEAN AIR PROGRAMS tracts. Sec. 5303. Grants for the long-term improve- Sec. 5431. Wood heaters emissions reduction. Sec. 10104. Failure to target funds. ment of public school facilities. Sec. 5432. Diesel emissions reduction pro- Sec. 10105. Report to Congress. Sec. 5304. Uses of funds. gram. Subtitle B—Hiring Opportunities Sec. 5305. Rule of construction. Sec. 5433. Protection of the Mercury and Air Sec. 10211. Local hiring initiative for con- Sec. 5306. Green practices. Toxics Standards. Sec. 5307. Use of American iron, steel, and Sec. 5434. Net zero emissions at port facili- struction jobs. manufactured products. ties program. TITLE XI—RAISING THE MINIMUM WAGE Sec. 5308. Annual report on grant program. AND STRENGTHENING OVERTIME CHAPTER 3—HEALTHY TRANSPORTATION Sec. 5309. Appropriations. RIGHTS Sec. 5441. Restoring neighborhoods and Sec. 5310. Appropriations for impact aid con- Subtitle A—Raise the Wage Act struction. strengthening communities Sec. 11111. Short title. CHAPTER 2—LIBRARY INFRASTRUCTURE program. Sec. 5442. Safer Healthier Streets program. Sec. 11112. Minimum wage increases. Sec. 5321. Definitions. Sec. 11113. Tipped employees. Sec. 5322. Build America’s Libraries Fund. CHAPTER 4—OUTDOOR RECREATION LEGACY Sec. 11114. Newly hired employees who are Sec. 5323. Allocation to States. PARTNERSHIP PROGRAM less than 20 years old. Sec. 5324. Need-based grants to libraries. Sec. 5451. Definitions. Sec. 11115. Publication of notice. Sec. 5325. Administration and oversight. Sec. 5452. Grants authorized. Sec. 11116. Promoting economic self-suffi- Sec. 5326. Appropriation of funds. Sec. 5453. Eligible uses. ciency for individuals with dis- CHAPTER 3—HBCU, TCU, AND OTHER MINOR- Sec. 5454. National Park Service require- abilities. ITY-SERVING INSTITUTION INFRASTRUCTURE ments. Sec. 11117. General effective date. Sec. 5331. Cancellation of debt under HBCU Sec. 5455. Reporting. Subtitle B—Restoring Overtime Pay Act Sec. 5456. Revenue sharing. capital financing program. Sec. 11121. Short title. Sec. 5332. Additional appropriations for the Subtitle E—Labor and Wage Protections Sec. 11122. Minimum salary threshold for HBCU historic preservation Sec. 5501. Labor standards. bona fide executive, adminis- program. Sec. 5502. Wage rate. trative, and professional em- Sec. 5333. Funding for construction of new Sec. 5503. Infrastructure workforce equity ployees exempt from Federal facilities at TCUs. capacity building program. overtime compensation require- Sec. 5334. Additional appropriations for Sec. 5504. Severability. ments. HBCUs, TCUs, and minority- serving institutions. TITLE VI—NEW HOMEBUYERS DOWN SEC. 3. EMERGENCY DESIGNATION. Sec. 5335. Study and report on the physical PAYMENT TAX CREDIT (a) IN GENERAL.—The amounts provided by condition of HBCUs and TCUs. Sec. 6001. Down payment tax credit for first- this Act are designated as an emergency re- Subtitle D—Environmental Justice time homebuyers. quirement pursuant to section 4(g) of the TITLE VII—RENTERS AND LOW-INCOME Statutory Pay-As-You-Go Act of 2010 (2 CHAPTER 1—DRINKING WATER AND CLEAN U.S.C. 933(g)). WATER PROGRAMS HOUSING TAX CREDITS (b) DESIGNATION IN SENATE.—In the Senate, Sec. 5401. Sewer overflow and stormwater Sec. 7001. Renters credit. this Act is designated as an emergency re- reuse municipal grants. Sec. 7002. Minimum credit rate. quirement pursuant to section 4112(a) of H. Sec. 5402. Clean water infrastructure resil- TITLE VIII—EXPANDING MEDICAID Con. Res. 71 (115th Congress), the concurrent iency and sustainability pro- COVERAGE resolution on the budget for fiscal year 2018. gram. Sec. 8001. Increased FMAP for medical as- TITLE I—CHILD CARE IS ESSENTIAL Sec. 5403. Grants for construction, refur- sistance to newly eligible indi- PROGRAM bishing, and servicing of indi- viduals. vidual household decentralized SEC. 1001. CHILD CARE IS ESSENTIAL PROGRAM. wastewater systems for individ- TITLE IX—ADDRESSING MATERNAL (a) DEFINITIONS.—In this section, the terms uals with low or moderate in- MORTALITY AND HEALTH ‘‘eligible child care provider’’, ‘‘Indian come. Sec. 9001. Expanding Medicaid coverage for tribe’’, ‘‘lead agency’’, ‘‘tribal organization’’, Sec. 5404. Connection to publicly owned pregnant individuals. ‘‘Secretary’’, and ‘‘State’’ have the meanings treatment works. Sec. 9002. Community engagement in mater- given the terms in section 658P of the Child Sec. 5405. Water pollution control revolving nal mortality review commit- Care and Development Block Grant Act of loan fund capitalization grants. tees. 1990 (42 U.S.C. 9858n) except as otherwise pro- Sec. 5406. Water pollution control revolving Sec. 9003. Increased maternal levels of care vided in this section. loan funds. in communities of color. (b) GRANTS.—From funds appropriated to Sec. 5407. Authorization of appropriations Sec. 9004. Reporting on pregnancy-related carry out this section and under the author- for water pollution control and pregnancy-associated ity of section 658O of the Child Care and De- State revolving funds. deaths and complications. velopment Block Grant Act of 1990 (42 U.S.C.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7716 CONGRESSIONAL RECORD — SENATE December 18, 2020 9858m) and this section, the Secretary shall grants to qualified child care providers de- termined to be essential during the response establish a Child Care Stabilization Fund scribed in subparagraph (B), to support the to COVID–19 by public officials), children of grants program, through which the Sec- stability of the child care sector during and workers whose places of employment require retary shall award child care stabilization after the qualifying emergency and to ensure their attendance, children experiencing grants to the lead agency of each State (as the maintenance of a delivery system of homelessness, children with disabilities, defined in that section 658O), territory de- child care services throughout the State that children at risk of child abuse or neglect, scribed in subsection (a)(1) of such section, provides for child care in a variety of set- and children in foster care, in States, tribal Indian tribe, and tribal organization from al- tings, including the settings of family child communities, or localities where stay-at- lotments and payments made under sub- care providers, and for a variety of ages, in- home or related orders are in effect; or section (c)(2), not later than 30 days after the cluding care for infants and toddlers. The (BB) children of workers whose places of date of enactment of this Act. lead agency shall provide the subgrant funds employment require their attendance, chil- (c) SECRETARIAL RESERVATION AND ALLOT- in advance of provider expenditures for costs dren experiencing homelessness, children MENTS.— described in subsection (e), except as pro- with disabilities, children at risk of child (1) RESERVATION.—The Secretary shall re- vided in subsection (e)(2). abuse or neglect, children in foster care, and serve not more than 1 percent of the funds (B) QUALIFIED CHILD CARE PROVIDER.—To be children whose parents are in school or a appropriated to carry out this section for the qualified to receive a subgrant under this training program, in States, tribal commu- Federal administration of grants described paragraph, a provider shall be an eligible nities, or localities where stay-at-home or in subsection (b). Amounts reserved by the child care provider that— related orders are not in effect; Secretary for such administration shall re- (i) was providing child care services on or (bb) the provider will implement policies in main available through fiscal year 2024. before March 1, 2020; and line with guidance from the Centers for Dis- (2) ALLOTMENTS.—The Secretary shall use (ii) on the date of submission of an applica- ease Control and Prevention and the State, the remainder of the funds appropriated to tion for the subgrant, was either— tribal, and local health authorities, and in carry out this section to award allotments to (I) open and available to provide child care accordance with State, tribal, and local or- States, as defined in section 658O of the Child services; or ders, for child care providers that remain Care Development Block Grant Act of 1990 (II) closed due to the qualifying emer- open, including guidance on sanitization (42 U.S.C. 9858m), and payments to terri- gency. practices, group size limits, and social tories, Indian tribes, and tribal organizations (C) SUBGRANT AMOUNT.—The lead agency distancing; in accordance with paragraphs (1) and (2) of shall make subgrants, from amounts award- (cc) for each employee, the provider will subsection (a), and subsection (b), of section ed pursuant to subsection (b), to qualified pay the full compensation described in sub- 658O of the Child Care and Development child care providers, and the amount of such section (e)(1)(C), including any benefits, that Block Grant Act of 1990 (42 U.S.C. 9858m). a subgrant to such a provider shall— was provided to the employee as of March 1, (d) STATE RESERVATIONS AND SUBGRANTS.— (i)(I) be based on the provider’s stated av- 2020 (referred to in this clause as ‘‘full com- (1) RESERVATION.—A lead agency for a erage operating expenses during the period pensation’’), and will not take any action State that receives a child care stabilization (of not longer than 6 months) before March 1, that reduces the weekly amount of the em- grant pursuant to subsection (b) shall re- 2020 or, for a provider that operates season- ployee’s compensation below the weekly serve not more than 10 percent of such grant ally, during a period (of not longer than 6 amount of full compensation, or that reduces funds— months) before the provider’s last day of op- the employee’s rate of compensation below (A) to administer subgrants made to quali- eration; and the rate of full compensation; and fied child care providers under paragraph (2), (II) at minimum cover such operating ex- (dd) the provider will provide relief from including to carry out data systems building penses for the intended length of the copayments and tuition payments for the and other activities that enable the disburse- subgrant; families enrolled in the provider’s program ment of payments of such subgrants; (ii) account for increased costs of providing and prioritize such relief for families strug- (B) to provide technical assistance and sup- or preparing to provide child care as a result gling to make either type of payment; port in applying for and accessing the of the qualifying emergency, such as pro- (III) for a provider described in subpara- subgrant opportunity under paragraph (2), to vider and employee compensation and exist- graph (B)(ii)(II), an assurance that— eligible child care providers (including to ing benefits (existing as of March 1, 2020) and (aa) for the duration of the provider’s clo- family child care providers, group home the implementation of new practices related sure due to the qualifying emergency, for child care providers, and other non-center- to sanitization, group size limits, and social each employee, the provider will pay full based child care providers, providers in rural distancing; compensation, and will not take any action areas, and providers with limited adminis- (iii) be adjusted for payments or reim- that reduces the weekly amount of the em- trative capacity), either directly or through bursements made to an eligible child care ployee’s compensation below the weekly resource and referral agencies or staffed fam- provider to carry out the Child Care and De- amount of full compensation, or that reduces ily child care networks; velopment Block Grant Act of 1990 (42 U.S.C. the employee’s rate of compensation below (C) to publicize the availability of sub- 9857 et seq.) or the Head Start Act (42 U.S.C. the rate of full compensation; grants under this section and conduct wide- 9831 et seq.) if the period of such payments or (bb) children enrolled as of March 1, 2020, spread outreach to eligible child care pro- reimbursements overlaps with the period of will maintain their slots, unless their fami- viders, including family child care providers, the subgrant; and lies choose to disenroll the children; group home child care providers, and other (iv) be adjusted for payments or reimburse- (cc) for the duration of the provider’s clo- non-center-based child care providers, pro- ments made to an eligible child care provider sure due to the qualifying emergency, the viders in rural areas, and providers with lim- through the Paycheck Protection Program provider will provide relief from copayments ited administrative capacity, either directly set forth in section 7(a)(36) of the Small and tuition payments for the families en- or through resource and referral agencies or Business Act (15 U.S.C. 636(a)(36)), as added rolled in the provider’s program and staffed family child care networks, to ensure by section 1102 of the Coronavirus Aid, Re- prioritize such relief for families struggling eligible child care providers are aware of the lief, and Economic Security Act (Public Law to make either type of payment; and subgrants available under this section; 116–136) if the period of such payments or re- (dd) the provider will resume operations (D) to carry out the reporting require- imbursements overlaps with the period of when the provider is able to safely imple- ments described in subsection (f); and the subgrant. ment policies in line with guidance from the (E) to carry out activities to improve the (D) APPLICATION.— Centers for Disease Control and Prevention supply and quality of child care during and (i) ELIGIBILITY.—To be eligible to receive a and the State, tribal, and local health au- after the qualifying emergency, such as con- subgrant under this paragraph, a child care thorities, and in accordance with State, trib- ducting community needs assessments, car- provider shall submit an application to a al, and local orders; rying out child care cost modeling, making lead agency at such time and in such manner (IV) information about the child care pro- improvements to child care facilities, in- as the lead agency may require. Such appli- vider’s— creasing access to licensure or participation cation shall include— (aa) program characteristics sufficient to in the State’s tiered quality rating system, (I) a good-faith certification that the ongo- allow the lead agency to establish the child and carrying out other activities described ing operations of the child care provider care provider’s priority status, as described in section 658G(b) of the Child Care and De- have been impacted as a result of the quali- in subparagraph (F); velopment Block Grant Act of 1990 (42 U.S.C. fying emergency; (bb) program operational status on the 9858e(b)), to the extent that the lead agency (II) for a provider described in subpara- date of submission of the application; can carry out activities described in this graph (B)(ii)(I), an assurance that, for the pe- (cc) type of program, including whether subparagraph without preventing the lead riod of the subgrant— the program is a center-based child care, agency from fully conducting the activities (aa) the provider will give priority for family child care, group home child care, or described in subparagraphs (A) through (D). available slots (including slots that are only other non-center-based child care type pro- (2) SUBGRANTS TO QUALIFIED CHILD CARE temporarily available) to— gram; PROVIDERS.— (AA) children of essential workers (such as (dd) total enrollment on the date of sub- (A) IN GENERAL.—The lead agency shall use health care sector employees, emergency re- mission of the application and total capacity the remainder of the grant funds awarded sponders, sanitation workers, farmworkers, as allowed by the State and tribal and local pursuant to subsection (b) to make sub- child care employees, and other workers de- authorities; and

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(ee) receipt of assistance, and amount of (G) PROVIDERS RECEIVING OTHER ASSIST- fied child care provider, submit a report to assistance, through a payment or reimburse- ANCE.—The lead agency, in determining the Secretary that includes— ment described in subparagraph (C)(iv), and whether a provider is a qualified child care (A) data on qualified child care providers the time period for which the assistance was provider, shall not take into consideration that applied for subgrants and qualified child made; receipt of a payment or reimbursement de- care providers that received such subgrants, (V) information necessary to determine the scribed in clause (iii) or (iv) of subparagraph including— amount of the subgrant, such as information (C). (i) the number of such applicants and the about the provider’s stated average oper- (H) AWARDS.—The lead agency shall equi- number of such recipients; ating expenses over the appropriate period tably make subgrants under this paragraph (ii) the number and proportion of such ap- described in subparagraph (C)(i); and to center-based child care providers, family plicants and recipients that received priority (VI) such other limited information as the child care providers, group home child care and the characteristic or characteristics of lead agency shall determine to be necessary providers, and other non-center-based child such applicants and recipients associated to make subgrants to qualified child care care providers, such that qualified child care with the priority; providers. providers are able to access the subgrant op- (iii) the number and proportion of such ap- (ii) FREQUENCY.—The lead agency shall ac- portunity under this paragraph regardless of plicants and recipients that are— cept and process applications submitted the providers’ setting, size, or administrative (I) center-based child care providers; under this subparagraph on a rolling basis. capacity. (II) family child care providers; (iii) UPDATES.—The lead agency shall— (I) OBLIGATION.—The lead agency shall ob- (III) group home child care providers; or (I) at least once a month, verify by obtain- ligate at least 50 percent of funds available (IV) other non-center-based child care pro- ing a self-attestation from each qualified to carry out this section for subgrants de- viders; and child care provider that received such a scribed in this paragraph not later than 6 (iv) within each of the groups listed in subgrant from the agency, whether the pro- months after the date of enactment of this clause (iii), the number of such applicants vider is open and available to provide child Act. and recipients that are, on the date of sub- care services or is closed due to the quali- (e) USES OF FUNDS.— mission of the application— fying emergency; (1) IN GENERAL.—A qualified child care pro- (I) open and available to provide child care (II) allow the qualified child care provider vider that receives funds through such a to update the information provided in a prior services; or subgrant may use the funds for the costs of— application; and (II) closed due to the qualifying emer- (A) payroll; (III) adjust the qualified child care pro- gency; (B) employee benefits, including group vider’s subgrant award as necessary, based (B) the total capacity of child care pro- health plan benefits during periods of paid on changes to the application information, viders that are licensed, regulated, or reg- sick, medical, or family leave, and insurance including changes to the provider’s oper- istered in the State on the date of the sub- premiums; ational status. mission of the report; (C) employee salaries or similar compensa- (iv) EXISTING APPLICATIONS.—If a lead agen- (C) a description of— tion, including any income or other com- cy has established and implemented a grant (i) the efforts of the lead agency to pub- program for child care providers that is in ef- pensation to a sole proprietor or independent licize the availability of subgrants under this fect on the date of enactment of this Act, contractor that is a wage, commission, in- section and conduct widespread outreach to and an eligible child care provider has al- come, net earnings from self-employment, or eligible child care providers about such sub- ready submitted an application for such a similar compensation; grants, including efforts to make materials grant to the lead agency containing the in- (D) employee recruitment and retention; available in languages other than English; formation specified in clause (i), the lead (E) payment on any mortgage obligation; (ii) the lead agency’s methodology for de- agency shall treat that application as an ap- (F) rent (including rent under a lease termining amounts of subgrants under sub- plication submitted under this subparagraph. agreement); section (d)(2); If an eligible child care provider has already (G) utilities and facilities maintenance; (iii) the lead agency’s timeline for dis- submitted such an application containing (H) insurance; bursing the subgrant funds; and part of the information specified in clause (I) providing premium pay for child care (iv) the lead agency’s plan for ensuring (i), the provider may submit to the lead providers and other employees who provide that qualified child care providers that re- agency an abbreviated application that con- services during the qualifying emergency; ceive funding through such a subgrant com- tains the remaining information, and the (J) sanitization and other costs associated ply with assurances described in subsection lead agency shall treat the 2 applications as with cleaning; (d)(2)(D) and use funds in compliance with an application submitted under this subpara- (K) personal protective equipment and subsection (e); and graph. other equipment necessary to carry out the (D) such other limited information as the (E) MATERIALS.— functions of the child care provider; Secretary may require. (i) IN GENERAL.—The lead agency shall pro- (L) training and professional development (2) QUARTERLY REPORT.—The lead agency vide the materials and other resources re- related to health and safety practices, in- shall, following the submission of such ini- lated to such subgrants, including a notifica- cluding the proper implementation of poli- tial report, submit to the Secretary a report tion of subgrant opportunities and applica- cies in line with guidance from the Centers that contains the information described in tion materials, to qualified child care pro- for Disease Control and Prevention and the subparagraphs (A), (B), and (D) of paragraph viders in the most commonly spoken lan- State, tribal, and local health authorities, (1) once a quarter until all funds allotted for guages in the State. and in accordance with State, tribal, and activities authorized under this section are (ii) APPLICATION.—The application shall be local orders; expended. accessible on the website of the lead agency (M) purchasing or updating equipment and (3) FINAL REPORT.—Not later than 60 days within 30 days after the lead agency receives supplies to serve children during nontradi- after a lead agency receiving a grant under grant funds awarded pursuant to subsection tional hours; this section has obligated all of the grant (b) and shall be accessible to all eligible (N) modifications to child care services as funds (including funds received under sub- child care providers, including family child a result of the qualifying emergency, such as section (h)), the lead agency shall submit a care providers, group home child care pro- limiting group sizes, adjusting staff-to-child report to the Secretary, in such manner as viders, and other non-center-based child care ratios, and implementing other heightened the Secretary may require, that includes— providers, providers in rural areas, and pro- health and safety measures; (A) the total number of eligible child care viders with limited administrative capacity. (O) mental health services and supports for providers who were providing child care serv- (F) PRIORITY.—In making subgrants under children and employees; and ices on or before March 1, 2020, in the State this section, the lead agency shall give pri- (P) other goods and services necessary to and the number of such providers that sub- ority to qualified child care providers that, maintain or resume operation of the child mitted an application under subsection prior to or on March 1, 2020— care program, or to maintain the viability of (d)(2)(D); (i) provided child care during nontradi- the child care provider as a going concern (B) the number of qualified child care pro- tional hours; during and after the qualifying emergency. viders in the State that received funds (ii) served dual language learners, children (2) REIMBURSEMENT.—The qualified child through the grant; with disabilities, children experiencing care provider may use the subgrant funds to (C) the lead agency’s methodology for de- homelessness, children in foster care, chil- reimburse the provider for sums obligated or termining amounts of subgrants under sub- dren from low-income families, or infants expended before the date of enactment of section (d)(2); and toddlers; this Act for the cost of a good or service de- (D) the average and range of the subgrant (iii) served a high proportion of children scribed in paragraph (1) to respond to the amounts by provider type (center-based child whose families received subsidies under the qualifying emergency. care, family child care, group home child Child Care and Development Block Grant (f) REPORTING.— care, or other non-center-based child care Act of 1990 (42 U.S.C. 9857 et seq.) for the (1) INITIAL REPORT.—A lead agency receiv- provider); child care; or ing a grant under this section shall, within (E) the percentages, of the child care pro- (iv) operated in localities, including rural 60 days after making the agency’s first viders that received such a subgrant, that, localities, with a low supply of child care. subgrant under subsection (d)(2) to a quali- on or before March 1, 2020—

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(i) provided child care during nontradi- (2) REALLOTMENT.—The Secretary shall Fund, to be transferred to the Secretary of tional hours; award new allotments and payments, in ac- Health and Human Services for capital (ii) served dual language learners, children cordance with subsection (c)(2), to covered projects of the community health center pro- with disabilities, children experiencing States, Indian tribes, or tribal organizations gram under section 330 of the Public Health homelessness, children in foster care, chil- from funds that are returned under para- Service Act, $2,000,000,000, to remain avail- dren from low-income families, or infants graph (1) within 60 days of receiving such able until expended.’’. and toddlers; funds. Funds made available through the SEC. 2103. TEACHING HEALTH CENTERS THAT (iii) served a high percentage of children new allotments and payments shall remain OPERATE GRADUATE MEDICAL EDU- whose families received subsidies under the available to each such covered State, Indian CATION PROGRAM. Child Care and Development Block Grant tribe, or tribal organization until September For purposes of carrying out the teaching Act of 1990 (42 U.S.C. 9857 et seq.) for the 30, 2023. health centers that operate graduate medical education program under section 340H of the child care; and (3) COVERED STATE, INDIAN TRIBE, OR TRIBAL Public Health Service Act (42 U.S.C. 256h), (iv) operated in localities, including rural ORGANIZATION.—For purposes of paragraph localities, with a low supply of child care; (2), a covered State, Indian tribe, or tribal there are hereby appropriated, out of amounts in the Treasury not otherwise ap- (F) the number of children served by the organization is a State, Indian tribe, or trib- propriated, $1,000,000,000, to remain available child care providers that received such a al organization that received an allotment or until expended. subgrant, for the duration of the subgrant; payment under this section and was not re- (G) the percentages, of the child care pro- quired to return grant funds under paragraph SEC. 2104 HOSPITAL INFRASTRUCTURE. Section 1610(a) of the Public Health Serv- viders that received such a subgrant, that (1). ice Act (42 U.S.C. 300r(a)) is amended by are— (i) EXCEPTIONS.—The Child Care and Devel- striking paragraph (3) and inserting the fol- (i) center-based child care providers; opment Block Grant Act of 1990 (42 U.S.C. lowing paragraphs: (ii) family child care providers; 9857 et seq.), excluding requirements in sub- ‘‘(3) PRIORITY.—In awarding grants under (iii) group home child care providers; or paragraphs (C) through (E) of section this subsection, the Secretary shall give pri- (iv) other non-center-based child care pro- 658E(c)(3), section 658G, and section 658J(c) of ority to applicants whose projects will in- viders; such Act (42 U.S.C. 9858c(c)(3), 9858e, clude, by design, cybersecurity against cyber (H) the percentages, of the child care pro- 9858h(c)), shall apply to child care services threats. viders listed in subparagraph (G) that are, on provided under this section to the extent the ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— the date of submission of the application— application of such Act does not conflict ‘‘(A) IN GENERAL.—As a condition on re- (i) open and available to provide child care with the provisions of this section. Nothing ceipt of a grant under this section for a services; or in this section shall be construed to require project, an entity shall ensure that all of the (ii) closed due to the qualifying emergency; a State, Indian tribe, or tribal organization iron and steel products used in the project (I) information about how child care pro- to submit an application, other than the ap- are produced in the United States. viders used the funds received under such a plication described in section 658E or 658O(c) ‘‘(B) APPLICATION.—Subparagraph (A) shall subgrant; of the Child Care and Development Block be waived in any case or category of cases in (J) information about how the lead agency Grant Act of 1990 (42 U.S.C. 9858c, 9858m(c)), which the Secretary finds that— used funds reserved under subsection (d)(1); to receive a grant under this section. ‘‘(i) applying subparagraph (A) would be in- and (j) AUTHORIZATION OF APPROPRIATIONS.— consistent with the public interest; (K) information about how the subgrants (1) IN GENERAL.—There is authorized to be ‘‘(ii) iron and steel products are not pro- helped to stabilize the child care sector. appropriated, and there is appropriated, out duced in the United States in sufficient and (4) REPORTS TO CONGRESS.— of any money in the Treasury not already reasonably available quantities and of a sat- (A) FINDINGS FROM INITIAL REPORTS.—Not appropriated, to carry out this section isfactory quality; or later than 60 days after receiving all reports $50,000,000,000 for fiscal year 2020, to remain ‘‘(iii) inclusion of iron and steel products required to be submitted under paragraph available until expended. produced in the United States will increase (1), the Secretary shall provide a report to (2) APPLICATION.—In carrying out the Child the cost of the overall project by more than the Committee on Education and Labor and Care and Development Block Grant Act of 25 percent. the Committee on Appropriations of the 1990 with funds other than the funds appro- ‘‘(C) WAIVER.—If the Secretary receives a House of Representatives and to the Com- priated under paragraph (1), the Secretary request for a waiver under this paragraph, mittee on Health, Education, Labor, and shall calculate the amounts of appropriated the Secretary shall make available to the Pensions and the Committee on Appropria- funds described in subsections (a) and (b) of public, on an informal basis, a copy of the re- tions of the Senate, summarizing the find- section 658O of such Act (42 U.S.C. 9858m) by quest and information available to the Sec- ings from the reports received under para- excluding funds appropriated under para- retary concerning the request, and shall graph (1). graph (1). allow for informal public input on the re- (B) FINDINGS FROM FINAL REPORTS.—Not TITLE II—EXPANDING AND IMPROVING quest for at least 15 days prior to making a later than 36 months after the date of enact- ACCESS TO COMMUNITY HEALTH CARE finding based on the request. The Secretary ment of this Act, the Secretary shall provide Subtitle A—Support for Health Centers, shall make the request and accompanying a report to the Committee on Education and Hospitals, and Other Health Care Facilities information available by electronic means, Labor and the Committee on Appropriations SEC. 2101. PRIMARY HEALTH CARE. including on the official public internet site of the House of Representatives and to the In addition to amounts otherwise made of the Department of Health and Human Committee on Health, Education, Labor, and available for such purposes, there are hereby Services. Pensions and the Committee on Appropria- appropriated, out of amounts in the Treas- ‘‘(D) INTERNATIONAL AGREEMENTS.—This tions of the Senate, summarizing the find- ury not otherwise appropriated, to the Sec- paragraph shall be applied in a manner con- ings from the reports received under para- retary of Health and Human Services, sistent with United States obligations under graph (3). $7,600,000,000, for grants and cooperative international agreements. (g) SUPPLEMENT NOT SUPPLANT.—Amounts agreements under section 330 of the Public ‘‘(E) MANAGEMENT AND OVERSIGHT.—The made available to carry out this section Health Service Act (42 U.S.C. 254b), and for Secretary may retain up to 0.25 percent of shall be used to supplement and not supplant grants to Federally qualified health centers the funds appropriated for this section for other Federal, State, and local public funds (as defined in section 1861(aa)(4)(B) of the So- management and oversight of the require- expended to provide child care services for cial Security Act (42 U.S.C. 1395x(aa))) and ments of this paragraph. eligible individuals, including funds provided for eligible entities under the Native Hawai- ‘‘(F) EFFECTIVE DATE.—This paragraph does under the Child Care and Development Block ian Health Care Improvement Act (42 U.S.C. not apply with respect to a project if a State Grant Act of 1990 (42 U.S.C. 9857 et seq.) and 11701 et seq.). Amounts appropriated under agency approves the engineering plans and State child care programs. this paragraph shall remain available until specifications for the project, in that agen- (h) REALLOTMENT OF UNOBLIGATED expended. Subsections (r)(2)(B), (e)(6)(A)(iii), cy’s capacity to approve such plans and spec- FUNDS.— and (e)(6)(B)(iii) of section 330 of the Public ifications prior to a project requesting bids, (1) UNOBLIGATED FUNDS.—A State, Indian Health Service Act (42 U.S.C. 254) shall not prior to the date of enactment of this para- tribe, or tribal organization that anticipates apply to funds provided under this para- graph. being unable to obligate all grant funds re- graph. ‘‘(5) FUNDING.—To carry out this sub- ceived under this section by September 30, SEC. 2102. ADDITIONAL COMMUNITY HEALTH section, there are hereby appropriated, out 2022 shall notify the Secretary, at least 60 CENTER FUNDING. of amounts in the Treasury not otherwise days prior to such date, of the amount of Section 10503 of the Patient Protection and appropriated, $750,000,000, to remain avail- funds the entity anticipates being unable to Affordable Care Act (42 U.S.C. 254b–2) is able until expended.’’. obligate by such date. A State, Indian tribe, amended by striking subsection (c) and in- SEC. 2105. 21ST CENTURY INDIAN HEALTH PRO- or tribal organization shall return to the serting the following: GRAM HOSPITALS AND OUTPATIENT Secretary any grant funds received under ‘‘(c) ADDITIONAL ENHANCED FUNDING; CAP- HEALTH CARE FACILITIES. this section that the State, Indian tribe, or ITAL PROJECTS.—There are hereby appro- The Indian Health Care Improvement Act tribal organization does not obligate by Sep- priated, out of any monies in the Treasury is amended by inserting after section 301 of tember 30, 2022. not otherwise appropriated, to the CHC such Act (25 U.S.C. 1631) the following:

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ADDITIONAL FUNDING FOR PLAN- ‘‘(1) proposes to use the grant for the estab- retary shall submit to the Committee on NING, DESIGN, CONSTRUCTION, lishment of a school of medicine or osteo- Health, Education, Labor, and Pensions of MODERNIZATION, AND RENOVATION pathic medicine, or a branch campus of a the Senate and the Committee on Energy OF HOSPITALS AND OUTPATIENT school of medicine or osteopathic medicine, and Commerce of the House of Representa- HEALTH CARE FACILITIES. in an area— tives a report that provides a summary of ‘‘(a) ADDITIONAL FUNDING.—For the purpose described in subsection (b), in addition to ‘‘(A) in which no other such school is the activities and outcomes associated with any other funds available for such purpose, based; and grants made under this section. Such reports there are hereby appropriated to the Sec- ‘‘(B) that is a medically underserved com- shall include— retary, out of amounts in the Treasury not munity or a health professional shortage ‘‘(A) a list of awardees, including their pri- otherwise appropriated, $200,000,000, to re- area; or mary geographic location, and location of main available until expended. ‘‘(2) is a minority-serving institution de- any school of medicine or osteopathic medi- scribed in section 371(a) of the Higher Edu- cine, or a branch campus of school of medi- ‘‘(b) PURPOSE.—The purpose described in this subsection is the planning, design, con- cation Act of 1965. cine or osteopathic medicine that was estab- ‘‘(c) CONSIDERATIONS.—In awarding grants struction, modernization, and renovation of lished, improved, or expanded under this pro- under this section, the Secretary, to the ex- hospitals and outpatient health care facili- gram; tent practicable, may ensure equitable dis- ties that are funded, in whole or part, by the ‘‘(B) the total number of students (includ- tribution of awards among the geographical ing the number of students from racial and Service through, or provided for in, a con- regions of the United States. tract or compact with the Service under the ethnic groups underrepresented among med- ‘‘(d) USE OF FUNDS.—An institution of ical students and health professions, low-in- Indian Self-Determination and Education higher education (or a consortium of such in- Assistance Act (25 U.S.C. 5301 et seq.).’’. come students, and first generation college stitutions)— students) who— SEC. 2106. PILOT PROGRAM TO IMPROVE COMMU- ‘‘(1) shall use grant amounts received NITY-BASED CARE INFRASTRUC- ‘‘(i) are enrolled at or who have graduated under this section to— from any school of medicine or osteopathic TURE. ‘‘(A) recruit, enroll, and retain students, (a) IN GENERAL.—The Secretary of Health medicine, or a branch campus of school of including individuals who are from disadvan- medicine or osteopathic medicine, that was and Human Services may award grants to taged backgrounds (including racial and eth- qualified teaching health centers (as defined established, improved, or expanded under nic groups underrepresented among medical this program, deidentified and disaggregated in section 340H of the Public Health Service students and health professions), individuals Act (42 U.S.C. 256h)) and behavioral health by race, ethnicity, age, sex, geographic re- from rural and underserved areas, low-in- gion, disability status, and other relevant care centers (as defined by the Secretary, to come individuals, and first generation col- include both substance abuse and mental factors, to the extent such information is lege students, at a school of medicine or os- available; and health care facilities) to support the im- teopathic medicine or branch campus of a provement, renovation, or modernization of ‘‘(ii) who subsequently participate in an school of medicine or osteopathic medicine; accredited internship or medical residency infrastructure at such centers. and (b) FUNDING.—To carry out this section, program upon graduation from any school of ‘‘(B) develop, implement, and expand cur- there are hereby appropriated, out of medicine or osteopathic medicine, or a riculum that emphasizes care for rural and amounts in the Treasury not otherwise ap- branch campus of a school of medicine or os- underserved populations, including acces- propriated, $100,000,000, to remain available teopathic medicine, that was established, sible and culturally and linguistically appro- until expended. improved, or expanded under this program, priate care and services, at such school or deidentified and disaggregated by race, eth- SEC. 2107. SCHOOL-BASED HEALTH CENTERS. branch campus; and (a) ELIMINATION OF LIMITATION ON ELIGI- nicity, age, sex, geographic region, disability ‘‘(2) may use grant amounts received under status, medical specialty pursued, and other BILITY OF HEALTH CENTERS.— this section to— (1) REPEAL.—Section 399Z–1(f)(3) of the relevant factors, to the extent such informa- ‘‘(A) plan and construct— tion is available; Public Health Service Act (42 U.S.C. 280h– ‘‘(i) a school of medicine or osteopathic 5(f)(3)) is amended by striking subparagraph ‘‘(C) the effects of such program on the medicine in an area in which no other such health care provider workforce, including (B). school is based; or (2) CONFORMING CHANGE.—Section 399Z– any impact on demographic representation ‘‘(ii) a branch campus of a school of medi- disaggregated by race, ethnicity, and sex, 1(f)(3) of the Public Health Service Act (42 cine or osteopathic medicine in an area in U.S.C. 280h–5(f)(3)) is amended by striking and the fields or specialties pursued by stu- which no other such school is based; dents who have graduated from any school of ‘‘LIMITATIONS’’ and all that follows through ‘‘(B) plan, develop, and meet criteria for ‘‘Any provider of services’’ and inserting medicine or osteopathic medicine, or a accreditation for a school of medicine or os- branch campus of school of medicine or os- ‘‘LIMITATION.—Any provider of services’’. teopathic medicine or branch campus of a (b) AUTHORIZATION OF APPROPRIATIONS.— teopathic medicine, that was established, school of medicine or osteopathic medicine; improved, or expanded under this program; Section 399Z–1(l) of the Public Health Serv- ‘‘(C) hire faculty, including faculty from ice Act (42 U.S.C. 280h–5(l)) is amended to ‘‘(D) the effects of such program on health racial and ethnic groups who are underrep- care access in underserved areas, including read as follows: resented among the medical and other health ‘‘(l) FUNDING.—For purposes of carrying medically underserved communities and professions, and other staff to serve at such out this section, there are hereby appro- health professional shortage areas; and a school or branch campus; priated, out of amounts in the Treasury not ‘‘(E) recommendations for improving the ‘‘(D) support educational programs at such otherwise appropriated, $70,000,000 for each of program described in this section, and any a school or branch campus; fiscal years 2021 through 2025, to remain other considerations as the Secretary deter- ‘‘(E) modernize and expand infrastructure available until expended.’’. mines appropriate. at such a school or branch campus; and ‘‘(3) PUBLIC AVAILABILITY.—The Secretary Subtitle B—Support for Health Care ‘‘(F) support other activities that the Sec- Workforce Training shall make reports submitted under para- retary determines further the establishment, graph (2) publicly available on the internet SEC. 2201. GRANTS FOR SCHOOLS OF MEDICINE improvement, or expansion of a school of website of the Department of Health and AND SCHOOLS OF OSTEOPATHIC medicine or osteopathic medicine or branch Human Services. MEDICINE IN UNDERSERVED AREAS. campus of a school of medicine or osteo- Subpart II of part C of title VII of the Pub- pathic medicine. ‘‘(g) DEFINITIONS.—In this section: lic Health Service Act (42 U.S.C. 293m et ‘‘(e) APPLICATION.—To be eligible to receive ‘‘(1) BRANCH CAMPUS.— seq.) is amended by adding at the end the fol- a grant under subsection (a), an institution ‘‘(A) IN GENERAL.—The term ‘branch cam- lowing: of higher education (or a consortium of such pus’, with respect to a school of medicine or ‘‘SEC. 749C. GRANTS FOR SCHOOLS OF MEDICINE institutions), shall submit an application to osteopathic medicine, means an additional AND SCHOOLS OF OSTEOPATHIC the Secretary at such time, in such manner, location of such school that is geographi- MEDICINE IN UNDERSERVED AREAS. and containing such information as the Sec- cally apart and independent of the main ‘‘(a) IN GENERAL.—The Secretary, acting retary may require, including a description campus, at which the school offers at least 50 through the Administrator of the Health Re- of the institution’s or consortium’s planned percent of the program leading to a degree of sources and Services Administration, may activities described in subsection (d). doctor of medicine or doctor of osteopathy award grants to institutions of higher edu- ‘‘(f) REPORTING.— that is offered at the main campus. cation (including consortiums of such insti- ‘‘(1) REPORTS FROM ENTITIES.—Each insti- ‘‘(B) INDEPENDENCE FROM MAIN CAMPUS.— tutions) for the establishment, improvement, tution of higher education, or consortium of For purposes of subparagraph (A), the loca- or expansion of a school of medicine or os- such institutions, awarded a grant under this tion of a school described in such subpara- teopathic medicine, or a branch campus of a section shall submit an annual report to the graph shall be considered to be independent school of medicine or osteopathic medicine. Secretary on the activities conducted under of the main campus described in such sub- ‘‘(b) PRIORITY.—In selecting grant recipi- such grant, and other information as the paragraph if the location— ents under this section, the Secretary shall Secretary may require. ‘‘(i) is permanent in nature; give priority to any institution of higher ‘‘(2) REPORT TO CONGRESS.—Not later than 5 ‘‘(ii) offers courses in educational pro- education (or consortium of such institu- years after the date of enactment of this sec- grams leading to a degree, certificate, or tions) that— tion and every 5 years thereafter, the Sec- other recognized educational credential;

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‘‘(iii) has its own faculty and administra- ment, personal protective equipment, sim- ‘‘(k) ADDITIONAL FUNDING.—In addition to tive or supervisory organization; and ulation and augmented reality resources, amounts otherwise made available for such ‘‘(iv) has its own budgetary and hiring au- telehealth technologies, and virtual and purpose, to carry out this section, there are thority. physical laboratories; hereby appropriated, out of amounts in the ‘‘(2) FIRST GENERATION COLLEGE STUDENT.— ‘‘(5) partnering with a health care facility, Treasury not otherwise appropriated, The term ‘first generation college student’ nurse-managed health clinic, community $100,000,000, to remain available until ex- has the meaning given such term in section health center, or other facility that provides pended.’’. 402A(h)(3) of the Higher Education Act of health care in order to provide educational SEC. 2204. LOAN REPAYMENT AND SCHOLARSHIP 1965. opportunities for the purpose of establishing PROGRAMS FOR THE NURSING ‘‘(3) HEALTH PROFESSIONAL SHORTAGE or expanding clinical education; WORKFORCE. AREA.—The term ‘health professional short- ‘‘(6) enhancing and expanding nursing pro- Section 846 of the Public Health Service age area’ has the meaning given such term in grams that prepare nurse researchers and Act (42 U.S.C. 297n) is amended by adding at section 332(a). scientists; the end the following: ‘‘(j) ADDITIONAL FUNDING.—In addition to ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— ‘‘(7) establishing nurse-led The term ‘institution of higher education’ intradisciplinary and interprofessional edu- amounts otherwise made available to carry has the meaning given such term in section cational partnerships; and out this section, there are hereby appro- 101 of the Higher Education Act of 1965. ‘‘(8) other activities that the Secretary de- priated, out of amounts in the Treasury not otherwise appropriated, $750,000,000, to re- ‘‘(5) MEDICALLY UNDERSERVED COMMU- termines further the development, improve- main available until expended.’’. NITY.—The term ‘medically underserved ment, and expansion of schools of nursing. community’ has the meaning given such ‘‘(e) REPORTS FROM ENTITIES.—Each school SEC. 2205. ADDITIONAL FUNDING FOR HEALTH term in section 799B(6). of nursing awarded a grant under this sec- PROFESSIONS EDUCATION. ‘‘(h) FUNDING.—To carry out this section, tion shall submit an annual report to the In addition to amounts otherwise made there are hereby appropriated, out of Secretary on the activities conducted under available for such purpose, to carry out the amounts in the Treasury not otherwise ap- such grant, and other information as the programs under title VII of the Public propriated, $1,000,000,000, to remain available Secretary may require. Health Service Act (42 U.S.C. 292 et seq.), until expended.’’. ‘‘(f) REPORT TO CONGRESS.—Not later than there are hereby appropriated, out of amounts in the Treasury not otherwise ap- SEC. 2202. SUPPORT FOR NURSING EDUCATION 5 years after the date of the enactment of AND THE FUTURE NURSING WORK- this section, the Secretary shall submit to propriated, $250,000,000, to remain available FORCE. the Committee on Health, Education, Labor, until expended. (a) IN GENERAL.—Part D of title VIII of the and Pensions of the Senate and the Com- SEC. 2206. ADDITIONAL FUNDING FOR NURSING Public Health Service Act (42 U.S.C. 296p et mittee on Energy and Commerce of the WORKFORCE DEVELOPMENT. seq.) is amended by adding at the end the fol- House of Representatives a report that pro- In addition to amounts otherwise made lowing: vides a summary of the activities and out- available for such purpose, to carry out the ‘‘SEC. 832. NURSING EDUCATION ENHANCEMENT comes associated with grants made under programs under title VIII of the Public AND MODERNIZATION GRANTS IN this section. Such report shall include— Health Service Act (42 U.S.C. 296 et seq.), UNDERSERVED AREAS. ‘‘(1) a list of schools of nursing receiving there are hereby appropriated, out of ‘‘(a) IN GENERAL.—The Secretary, acting grants under this section, including the pri- amounts in the Treasury not otherwise ap- through the Administrator of the Health Re- mary geographic location of any school of propriated, $250,000,000, to remain available sources and Services Administration, may nursing that was improved or expanded until expended. award grants to schools of nursing (as de- through such a grant; SEC. 2207. NATIONAL HEALTH SERVICE CORPS. fined in section 801) for— ‘‘(2) the total number of students who are In addition to amounts otherwise made ‘‘(1) increasing the number of faculty and enrolled at or who have graduated from any available for such purposes, there are hereby students at such schools in order to enhance school of nursing that was improved or ex- appropriated, out of amounts in the Treas- the preparedness of the United States for, panded through a grant under this section, ury not otherwise appropriated, to the Sec- and the ability of the United States to ad- which such statistic shall— retary of Health and Human Services, dress and quickly respond to, public health ‘‘(A) to the extent such information is $2,500,000,000, for purposes of carrying out the emergencies declared under section 319 and available, be deidentified and disaggregated National Health Service Corps program, to pandemics; or by race, ethnicity, age, sex, geographic re- remain available until expended. ‘‘(2) the enhancement and modernization of gion, disability status, and other relevant Subtitle C—Improving Access to Health Care nursing education programs. factors; and Services ‘‘(b) PRIORITY.—In selecting grant recipi- ‘‘(B) include an indication of the number of SEC. 2301. EXPANDING ACCESS TO MENTAL ents under this section, the Secretary shall such students who are from racial or ethnic HEALTH SERVICES AND CERTAIN give priority to schools of nursing that— groups underrepresented in the nursing EVALUATION AND MANAGEMENT ‘‘(1) are located in a medically underserved workforce, such students who are from rural SERVICES FURNISHED THROUGH community; or underserved areas, such students who are TELEHEALTH. ‘‘(2) are located in a health professional low-income students, and such students who (a) TREATMENT OF MENTAL HEALTH SERV- shortage area as defined under section 332(a); are first generation college students (as de- ICES FURNISHED THROUGH TELEHEALTH.— or fined in section 402A(h)(3) of the Higher Edu- Paragraph (7) of section 1834(m) of the Social ‘‘(3) are institutions of higher education cation Act of 1965); Security Act (42 U.S.C. 1395m(m)) is amend- listed under section 371(a) of the Higher Edu- ‘‘(3) to the extent such information is ed— cation Act of 1965. available, the effects of the grants awarded (1) in the paragraph heading, by inserting ‘‘(c) CONSIDERATION.—In awarding grants under this section on retaining and hiring of ‘‘AND MENTAL HEALTH SERVICES’’ after ‘‘DIS- under this section, the Secretary, to the ex- faculty, including any increase in diverse ORDER SERVICES’’; and tent practicable, may ensure equitable dis- faculty, the number of clinical education (2) by inserting ‘‘or, on or after the first tribution of awards among the geographic re- partnerships, the modernization of nursing day after the end of the public health emer- gions of the United States. education infrastructure, and other ways gency described in section 1135(g)(1)(B), to an ‘‘(d) USE OF FUNDS.—A school of nursing this section helps address and quickly re- eligible telehealth individual for purposes of that receives a grant under this section may spond to public health emergencies and diagnosis, evaluation, or treatment of a men- use the funds awarded through such grant for pandemics; tal health disorder, as determined by the activities that include— ‘‘(4) recommendations for improving the Secretary,’’ after ‘‘as determined by the Sec- ‘‘(1) enhancing enrollment and retention of grants awarded under this section; and retary,’’. students at such school, with a priority for ‘‘(5) any other considerations as the Sec- (b) TREATMENT OF CERTAIN EVALUATION students from disadvantaged backgrounds retary determines appropriate. AND MANAGEMENT SERVICES FURNISHED (including racial or ethnic groups underrep- ‘‘(g) FUNDING.—To carry out this section, THROUGH TELEHEALTH.—Such section resented in the nursing workforce), individ- there are hereby appropriated, out of 1834(m), as amended by subsection (a), is uals from rural and underserved areas, low- amounts in the Treasury not otherwise ap- amended— income individuals, and first generation col- propriated, $1,000,000,000, to remain available (1) in paragraph (4)(C)— lege students (as defined in section 402A(h)(3) until expended.’’. (A) in clause (i), by striking ‘‘and (7)’’ and of the Higher Education Act of 1965); (b) STRENGTHENING NURSE EDUCATION.— inserting ‘‘(7), and (9)’’; and ‘‘(2) creating, supporting, or modernizing The heading of part D of title VIII of the (B) in clause (ii)(X), by inserting ‘‘or para- educational programs and curriculum at Public Health Service Act (42 U.S.C. 296p et graph (9)(A)’’ before the period; and such school; seq.) is amended by striking ‘‘BASIC’’. (2) by adding at the end the following new ‘‘(3) retaining current faculty, and hiring SEC. 2203. LOAN REPAYMENT PROGRAM FOR paragraph: new faculty, with an emphasis on faculty SUBSTANCE USE DISORDER TREAT- ‘‘(9) TREATMENT OF CERTAIN EVALUATION from racial or ethnic groups who are under- MENT WORKFORCE. AND MANAGEMENT SERVICES FURNISHED represented in the nursing workforce; Section 781 of the Public Health Service THROUGH TELEHEALTH.— ‘‘(4) modernizing infrastructure at such Act (42 U.S.C. 295h) is amended by adding at ‘‘(A) IN GENERAL.—The geographic require- school, including audiovisual or other equip- the end the following: ments described in paragraph 4(C)(i) shall

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7721 not apply with respect to a telehealth serv- ‘‘(iii) that is able to respond in a timely mobile crisis intervention services provided ice that is a medical visit that is in the cat- manner and, where appropriate, provide the under this subsection that are attributable egory of HCPCS evaluation and management following— to the increased Federal medical assistance services for office and other outpatient serv- ‘‘(I) screening and assessment; percentage under paragraph (3)(A) will be ices and that is furnished on or after the first ‘‘(II) stabilization and de-escalation; used to supplement, and not supplant, the day after the end of the public health emer- ‘‘(III) coordination with, and referrals to, level of State funds expended for such serv- gency described in section 1135(g)(1)(B), to an health, social, and other services and sup- ices for fiscal year 2019; eligible telehealth individual by a qualified ports as needed; and ‘‘(ii) if the State made qualifying commu- provider, at an originating site described in ‘‘(IV) provision or coordination of trans- nity-based mobile crisis intervention serv- paragraph 4(C)(ii) (other than an originating portation to the next step in care or treat- ices available in a region of the State in fis- site described in subclause (IX) of such para- ment; cal year 2019, the State will continue to graph). ‘‘(iv) that maintains relationships with rel- make such services available in such region ‘‘(B) DEFINITION OF QUALIFIED PROVIDER.— evant community partners, including med- under this subsection at the same level that For purposes of this paragraph, the term ical and behavioral health providers, com- the State made such services available in ‘qualified provider’ means, with respect to a munity health centers, crisis respite centers, such fiscal year; and telehealth service described in subparagraph managed care organizations (if applicable), ‘‘(iii) the State will conduct the evaluation (A) that is furnished to an eligible telehealth entities able to provide assistance with ap- and assessment, and submit the report, re- individual, a physician or practitioner who— plication and enrollment in the State plan or quired under paragraph (5). a waiver of the plan, entitles able to provide ‘‘(i) furnished to such individual, during ‘‘(5) STATE EVALUATION AND REPORT.— assistance with applying for and enrolling in the 18-month period ending on the date the ‘‘(A) STATE EVALUATION.—Not later than 4 benefit programs, entities that provide as- telehealth service was furnished, an item or fiscal quarters after a State begins providing sistance with housing (such as public hous- service in person for which— qualifying community-based mobile crisis ing authorities, Continuum of Care pro- ‘‘(I) payment was made under this title; or intervention services in accordance with this grams, or not-for-profit entities that provide ‘‘(II) such payment would have been made subsection, the State shall enter into a con- housing assistance), and entities that pro- if such individual were entitled to, or en- tract with an independent entity or organi- rolled for, benefits under this title at the vide assistance with other social services; ‘‘(v) that coordinates with crisis interven- zation to conduct an evaluation for the pur- time such item or service was furnished; or poses of— ‘‘(ii) is in the same practice (as determined tion hotlines and emergency response sys- tems; ‘‘(i) determining the effect of the provision by tax identification number) as a physician of such services on— or practitioner who furnished such an item ‘‘(vi) that maintains the privacy and con- fidentiality of patient information con- ‘‘(I) emergency room visits; or service in person to such individual during ‘‘(II) use of ambulatory services; such period.’’. sistent with Federal and State requirements; and ‘‘(III) hospitalizations; (c) IMPLEMENTATION.—Notwithstanding ‘‘(vii) that operates independently from ‘‘(IV) the involvement of law enforcement any other provision of law, the Secretary (but may coordinate with) State or local law in mental health or substance use disorder may implement the provisions of, or amend- enforcement agencies; crisis events; ments made by, this section by interim final ‘‘(C) available 24 hours per day, every day ‘‘(V) the diversion of individuals from jails rule, program instruction, or otherwise. of the year; and or similar settings; and ‘‘(D) voluntary to receive. ‘‘(ii) assessing— SEC. 2302. ENHANCED FEDERAL MEDICAID SUP- ‘‘(I) the types of services provided to indi- PORT FOR COMMUNITY-BASED MO- ‘‘(3) PAYMENTS.— BILE CRISIS INTERVENTION SERV- ‘‘(A) IN GENERAL.—Notwithstanding section viduals; ICES. 1905(b), beginning January 1, 2021, during ‘‘(II) the types of events responded to; ‘‘(III) cost savings or cost-effectiveness at- Section 1903 of the Social Security Act (42 each of the first 12 fiscal quarters that a State meets the requirements described in tributable to such services; U.S.C. 1396b) is amended by adding at the end paragraph (4), the Federal medical assistance ‘‘(IV) the experiences of individuals who re- the following new subsection: percentage applicable to amounts expended ceive qualifying community-based mobile ‘‘(bb) COMMUNITY-BASED MOBILE CRISIS by the State for medical assistance for quali- crisis intervention services; INTERVENTION SERVICES.— fying community-based mobile crisis inter- ‘‘(V) the successful connection of individ- ‘‘(1) IN GENERAL.—Notwithstanding section vention services furnished during such quar- uals with follow-up services; and 1902(a)(1) (relating to statewideness), section ter shall be equal to 95 percent. ‘‘(VI) other relevant outcomes identified 1902(a)(10)(B) (relating to comparability), ‘‘(B) EXCLUSION OF ENHANCED PAYMENTS by the Secretary. section 1902(a)(23)(A) (relating to freedom of FROM TERRITORIAL CAPS.—To the extent that ‘‘(B) COMPARISON TO HISTORICAL MEAS- choice of providers), or section 1902(a)(27) (re- the amount of a payment to Puerto Rico, the URES.—The contract described in subpara- lating to provider agreements), a State may Virgin Islands, Guam, the Northern Mariana graph (A) shall specify that the evaluation is provide medical assistance for qualifying Islands, or American Samoa for medical as- based on a comparison of the historical community-based mobile crisis intervention sistance for qualifying community-based mo- measures of State performance with respect services under a State plan amendment or bile crisis intervention services that is based to the outcomes specified under such sub- waiver approved under section 1115 or 1915(c). on the Federal medical assistance percent- paragraph to the State’s performance with ‘‘(2) QUALIFYING COMMUNITY-BASED MOBILE age specified in subparagraph (A) exceeds the respect to such outcomes during the period CRISIS INTERVENTION SERVICES DEFINED.—For amount that would have been paid to such beginning with the first quarter in which the purposes of this subsection, the term ‘quali- territory for such services if the Federal State begins providing qualifying commu- fying community-based mobile crisis inter- medical assistance percentage for the terri- nity-based mobile crisis intervention serv- vention services’ means, with respect to a tory had been determined without regard to ices in accordance with this subsection. State, items and services for which medical such subparagraph— ‘‘(C) REPORT.—Not later than 2 years after assistance is available under the State plan ‘‘(i) the limitation on payments to terri- a State begins to provide qualifying commu- under this title or a waiver of such plan, that tories under subsections (f) and (g) of section nity-based mobile crisis intervention serv- are— 1108 shall not apply to the amount of such ices in accordance with this subsection, the ‘‘(A) furnished to an individual who is— excess; and State shall submit a report to the Secretary ‘‘(i) outside of a hospital or other facility ‘‘(ii) the amount of such excess shall be on the following: setting; and disregarded in applying such subsections. ‘‘(i) The results of the evaluation carried ‘‘(ii) experiencing a mental health or sub- ‘‘(4) REQUIREMENTS.—The requirements de- out under subparagraph (A). stance use disorder crisis; scribed in this paragraph are the following: ‘‘(ii) The number of individuals who re- ‘‘(B) furnished by a multidisciplinary mo- ‘‘(A) The State demonstrates, to the satis- ceived qualifying community-based mobile bile crisis team— faction of the Secretary— crisis intervention services. ‘‘(i) that includes at least 1 behavioral ‘‘(i) that it will be able to support the pro- ‘‘(iii) Demographic information regarding health care professional who is capable of vision of qualifying community-based mobile such individuals when available, including conducting an assessment of the individual, crisis intervention services that meet the the race or ethnicity, age, sex, sexual ori- in accordance with the professional’s per- conditions specified in paragraph (2); and entation, gender identity, and geographic lo- mitted scope of practice under State law, ‘‘(ii) how it will support coordination be- cation of such individuals. and other professionals or paraprofessionals tween mobile crisis teams and community ‘‘(iv) The processes and models developed with appropriate expertise in behavioral partners, including health care providers, to by the State to provide qualifying commu- health or mental health crisis response, in- enable the provision of services, needed re- nity-based mobile crisis intervention serv- cluding nurses, social workers, peer support ferrals, and other activities identified by the ices under such the State plan or waiver, in- specialists, and others, as designated by the Secretary. cluding the processes developed to provide State and approved by the Secretary; ‘‘(B) The State provides assurances satis- referrals for, or coordination with, follow-up ‘‘(ii) whose members are trained in trau- factory to the Secretary that— care and services. ma-informed care, de-escalation strategies, ‘‘(i) any additional Federal funds received ‘‘(v) Lessons learned regarding the provi- and harm reduction; by the State for qualifying community-based sion of such services.

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‘‘(D) PUBLIC AVAILABILITY.—The State shall (B) by redesignating subparagraph (C) as ‘‘(5) NATIVE AMERICANS.—The term ‘Native make the report required under subpara- subparagraph (D); and Americans’ has the meaning given the term graph (C) publicly available, including on the (C) by striking subparagraph (B) and in- in section 736 and includes Indian Tribes and website of the appropriate State agency, serting the following: Tribal organizations. upon submission of such report to the Sec- ‘‘(B) OTHER NEW PROGRAMS.—In addition to ‘‘(6) TECHNOLOGY-ENABLED COLLABORATIVE retary. the 8 States selected under paragraph (1) and LEARNING AND CAPACITY BUILDING MODEL.— ‘‘(6) BEST PRACTICES REPORT.— the 2 States selected under subparagraph (A), The term ‘technology-enabled collaborative ‘‘(A) IN GENERAL.—Not later than 3 years not later than 6 months after the date of en- learning and capacity building model’ means after the first State begins to provide quali- actment of the Economic Justice Act, the a distance health education model that con- fying community-based mobile crisis inter- Secretary shall select 9 additional States to nects health care professionals, and particu- vention services in accordance with this sub- conduct demonstration programs under this larly specialists, with multiple other health section, the Secretary shall submit a report subsection for 2 years or through the date care professionals through simultaneous to Congress that— specified in paragraph (3), whichever is interactive videoconferencing for the pur- ‘‘(i) identifies the States that elected to longer. pose of facilitating case-based learning, dis- provide services in accordance with this sub- ‘‘(C) SELECTION OF STATES.— seminating best practices, and evaluating section; ‘‘(i) INITIAL ADDITIONAL PROGRAMS.—In se- outcomes. ‘‘(ii) summarizes the information reported lecting States under subparagraph (A), the ‘‘(7) URBAN INDIAN ORGANIZATION.—The by such States under paragraph (5)(C); and Secretary— term ‘urban Indian organization’ has the ‘‘(iii) identifies best practices for the effec- ‘‘(I) shall select States that— meaning given the term in section 4 of the tive delivery of community-based mobile cri- ‘‘(aa) were awarded planning grants under Indian Health Care Improvement Act. sis intervention services. subsection (c); and ‘‘(b) PROGRAM ESTABLISHED.—The Sec- ‘‘(B) PUBLIC AVAILABILITY.—The report re- ‘‘(bb) applied to participate in the dem- retary shall, as appropriate, award grants to quired under subparagraph (A) shall be made onstration programs under this subsection evaluate, develop, and, as appropriate, ex- publicly available, including on the website under paragraph (1) but, as of March 27, 2020, pand the use of technology-enabled collabo- of the Department of Health and Human were not selected to participate under para- rative learning and capacity building mod- Services, upon submission to Congress. graph (1); and els, to improve retention of health care pro- ‘‘(7) STATE PLANNING AND EVALUATION ‘‘(II) shall use the results of the Sec- viders and increase access to health care services, such as those to address chronic GRANTS.— retary’s evaluation of each State’s applica- diseases and conditions, infectious diseases, ‘‘(A) IN GENERAL.—As soon as practicable tion under paragraph (1) to determine which after the date of enactment of this sub- States to select, and shall not require the mental health, substance use disorders, pre- natal and maternal health, pediatric care, section, the Secretary may award planning submission of any additional application. pain management, palliative care, and other and evaluation grants to States for purposes ‘‘(ii) OTHER NEW PROGRAMS.—Clause (i) specialty care in rural areas, frontier areas, of developing a State plan amendment or shall apply to the selection of States under health professional shortage areas, or medi- section 1115 or 1915(c) waiver request (or an subparagraph (B), except that, for purposes cally underserved areas and for medically of applying that clause to the selection of amendment to such a waiver) to provide underserved populations or Native Ameri- States under such subparagraph, the Sec- qualifying community-based mobile crisis cans. retary shall substitute ‘as of the date of en- intervention services and conducting the ‘‘(c) USE OF FUNDS.— actment of the Economic Justice Act, were evaluation required under paragraph (5)(A). ‘‘(1) IN GENERAL.—Grants awarded under A grant awarded to a State under this para- not selected to participate under paragraph subsection (b) shall be used for— graph shall remain available until expended. (1) or under this paragraph’ for ‘as of March ‘‘(A) the development and acquisition of in- ‘‘(B) STATE CONTRIBUTION.—A State award- 27, 2020, were not selected to participate structional programming, and the training ed a grant under this subsection shall con- under paragraph (1)’.’’. of health care providers and other profes- tribute for each fiscal year for which the (b) FUNDING FOR THE CERTIFIED COMMUNITY sionals that provide or assist in the provi- grant is awarded an amount equal to the BEHAVIORAL HEALTH CLINIC EXPANSION sion of services through models described in GRANT PROGRAM.—For purposes of carrying State percentage determined under section subsection (b), such as training on best prac- out the Certified Community Behavioral 1905(b) (without regard to the temporary in- tices for data collection and leading or par- Health Clinic Expansion Grant Program of crease in the Federal medical assistance per- ticipating in such technology-enabled activi- the Substance Abuse and Mental Health centage of the State under section 6008(a) of ties consistent with technology-enabled col- Services Administration, there are hereby the Families First Coronavirus Response Act laborative learning and capacity-building appropriated, out of amounts in the Treas- (Public Law 116–127) or any other temporary models; ury not otherwise appropriated, $600,000,000, increase in the Federal medical assistance ‘‘(B) information collection and evaluation to remain available until expended. percentage of the State for fiscal year 2020 or activities to study the impact of such models any succeeding fiscal year) of the grant SEC. 2304. EXPANDING CAPACITY FOR HEALTH on patient outcomes and health care pro- OUTCOMES. amount. Title III of the Public Health Service Act viders, and to identify best practices for the ‘‘(8) FUNDING.— is amended by inserting after section 330M expansion and use of such models; or ‘‘(A) IMPLEMENTATION AND ADMINISTRA- (42 U.S.C. 254c–19) the following: ‘‘(C) other activities consistent with TION.—There is appropriated to the Sec- achieving the objectives of the grants award- ‘‘SEC. 330N. EXPANDING CAPACITY FOR HEALTH retary, out of any funds in the Treasury not OUTCOMES. ed under this section, as determined by the otherwise appropriated, such sums as are ‘‘(a) DEFINITIONS.—In this section: Secretary. necessary for purposes of implementing and ‘‘(2) OTHER USES.—In addition to any of the ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible administering this section. entity’ means an entity that provides, or uses under paragraph (1), grants awarded ‘‘(B) PLANNING AND EVALUATION GRANTS.— supports the provision of, health care serv- under subsection (b) may be used for— There is appropriated, out of any funds in ices in rural areas, frontier areas, health pro- ‘‘(A) equipment to support the use and ex- the Treasury not otherwise appropriated, fessional shortage areas, or medically under- pansion of technology-enabled collaborative learning and capacity building models, in- $25,000,000 to the Secretary for fiscal year served areas, or to medically underserved cluding for hardware and software that en- 2021 for purposes of making grants under populations or Native Americans, including ables distance learning, health care provider paragraph (7), to remain available until ex- Indian Tribes, Tribal organizations, and support, and the secure exchange of elec- pended.’’. urban Indian organizations, and which may tronic health information; or SEC. 2303. EXTENSION AND EXPANSION OF COM- include entities leading, or capable of lead- ‘‘(B) support for health care providers and MUNITY MENTAL HEALTH SERVICES ing, a technology-enabled collaborative DEMONSTRATION PROGRAM; FUND- other professionals that provide or assist in learning and capacity building model or en- ING FOR THE CERTIFIED COMMU- the provision of services through such mod- gaging in technology-enabled collaborative NITY BEHAVIORAL HEALTH CLINIC els. EXPANSION GRANT PROGRAM. training of participants in such model. ‘‘(d) LENGTH OF GRANTS.—Grants awarded (a) IN GENERAL.—Section 223(d) of the Pro- ‘‘(2) HEALTH PROFESSIONAL SHORTAGE under subsection (b) shall be for a period of tecting Access to Medicare Act of 2014 (42 AREA.—The term ‘health professional short- up to 5 years. U.S.C. 1396a note) is amended— age area’ means a health professional short- ‘‘(e) GRANT REQUIREMENTS.—The Secretary (1) in paragraph (3), by striking ‘‘December age area designated under section 332. may require entities awarded a grant under 11, 2020’’ and inserting ‘‘December 31, 2022’’; ‘‘(3) INDIAN TRIBE.—The terms ‘Indian this section to collect information on the ef- and Tribe’ and ‘Tribal organization’ have the fect of the use of technology-enabled collabo- (2) in paragraph (8)— meanings given the terms ‘Indian tribe’ and rative learning and capacity building mod- (A) in subparagraph (A), by striking ‘‘to ‘tribal organization’ in section 4 of the In- els, such as on health outcomes, access to participate in 2-year demonstration pro- dian Self-Determination and Education As- health care services, quality of care, and pro- grams that meet the requirements of this sistance Act. vider retention in areas and populations de- subsection’’ and inserting ‘‘to conduct dem- ‘‘(4) MEDICALLY UNDERSERVED POPU- scribed in subsection (b). The Secretary may onstration programs under this subsection LATION.—The term ‘medically underserved award a grant or contract to assist in the co- for 2 years or through the date specified in population’ has the meaning given the term ordination of such models, including to as- paragraph (3), whichever is longer’’; in section 330(b)(3). sess outcomes associated with the use of

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7723 such models in grants awarded under sub- (2) by inserting after subsection (a) the fol- poses of grants, contracts or cooperative section (b), including for the purpose de- lowing: agreements, or the development, implemen- scribed in subsection (c)(1)(B). ‘‘(b) ADDITIONAL AMOUNTS FOR COMMUNITY tation, or administration of apprenticeship ‘‘(f) APPLICATION.—An eligible entity that MENTAL HEALTH SERVICES.—In addition to programs (or apprenticeship opportunities), seeks to receive a grant under subsection (b) amounts otherwise made available for such are used to fund apprenticeship programs (or shall submit to the Secretary an application, purposes, for purposes of carrying out this apprenticeship opportunities), those funds at such time, in such manner, and con- subpart, subpart III with respect to mental shall only be provided to apprenticeship pro- taining such information as the Secretary health, and section 515(c), there are hereby grams (or opportunities in apprenticeship may require. Such application shall include appropriated, out of amounts in the Treas- programs) that meet the definition of an ap- plans to assess the effect of technology-en- ury not otherwise appropriated, $700,000,000 prenticeship program under subsection (b). abled collaborative learning and capacity for each of fiscal years 2021 through 2025, to CHAPTER 1—WORKFORCE DEVELOPMENT remain available until expended.’’. building models on patient outcomes and ACTIVITIES IN RESPONSE TO THE health care providers. SEC. 2307. SUBSTANCE ABUSE PREVENTION AND COVID–19 NATIONAL EMERGENCY TREATMENT BLOCK GRANT. ‘‘(g) ACCESS TO BROADBAND.—In admin- Section 1935 of the Public Health Service SEC. 3111. WORKFORCE RESPONSE ACTIVITIES. istering grants under this section, the Sec- (a) FUNDS FOR ADULTS AND DISLOCATED retary may coordinate with other agencies Act (42 U.S.C. 300x–35) is amended— (1) by redesignating subsection (b) as sub- WORKERS.—With respect to funds appro- to ensure that funding opportunities are section (c); and priated under section 3113(d) or 3115(c) and available to support access to reliable, high- (2) by inserting after subsection (a) the fol- allotted to a State under subtitle B of title speed internet for grantees. lowing: I of the Workforce Innovation and Oppor- ‘‘(h) TECHNICAL ASSISTANCE.—The Sec- ‘‘(b) ADDITIONAL AMOUNTS FOR SUBSTANCE tunity Act (29 U.S.C. 3151 et seq.) for adult or retary shall provide (either directly through ABUSE PREVENTION AND TREATMENT.—In ad- dislocated worker workforce development the Department of Health and Human Serv- dition to amounts otherwise made available activities, allocated to a local area for adult ices or by contract) technical assistance to for such purposes, for purposes of carrying workforce development activities in accord- eligible entities, including recipients of out this subpart, subpart III with respect to ance with paragraph (2)(A) or paragraph (3) grants under subsection (b), on the develop- substance abuse, section 505(d), and section of section 133(b) of the Workforce Innovation ment, use, and evaluation of technology-en- 515(d), there are hereby appropriated, out of and Opportunity Act (29 U.S.C. 3173(b)), or al- abled collaborative learning and capacity amounts in the Treasury not otherwise ap- located to a local area for dislocated worker building models in order to expand access to propriated, $500,000,000 for each of fiscal workforce development activities in accord- health care services provided by such enti- years 2021 through 2025, to remain available ance with section 133(b)(2)(B) of such Act (29 ties, including for medically underserved until expended.’’. U.S.C. 3173(b)(B)), the following shall apply: areas and to medically underserved popu- TITLE III—FEDERALLY SUPPORTED JOBS, (1) ELIGIBILITY OF ADULTS AND DISLOCATED lations or Native Americans. TRAINING, AND AT-RISK YOUTH INITIA- WORKERS.—To be eligible to receive services ‘‘(i) RESEARCH AND EVALUATION.—The Sec- TIVES through those funds, an adult or dislocated retary, in consultation with stakeholders worker— with appropriate expertise in such models, Subtitle A—Department of Labor Employment and Training Programs (A) shall not be required to meet the re- shall develop a strategic plan to research and quirements of section 134(c)(3)(B) of the evaluate the evidence for such models. The SEC. 3101. DEFINITIONS AND WIOA REQUIRE- MENTS. Workforce Innovation and Opportunity Act Secretary shall use such plan to inform the (29 U.S.C. 3174(c)(3)(B)); and activities carried out under this section. (a) WIOA DEFINITIONS AND REQUIRE- MENTS.—Except as otherwise provided, in (B) may include, as determined by the Gov- ‘‘(j) REPORT BY SECRETARY.—Not later than this subtitle, other than chapter 5— ernor or local board involved, an individual 4 years after the date of enactment of this (1) the terms have the meanings given the described in section 2102(a)(3)(A) of the section, the Secretary shall prepare and sub- terms in section 3 of the Workforce Innova- Coronavirus Aid, Relief, and Economic Secu- mit to the Committee on Health, Education, tion and Opportunity Act (29 U.S.C. 3102); rity Act (15 U.S.C. 9021(a)(3)(A)) who, for the Labor, and Pensions of the Senate and the and purposes of this section, may be considered Committee on Energy and Commerce of the (2) an allotment, allocation, or other provi- by the Governor or board to be an adult or a House of Representatives, and post on the sion of funds made in accordance with a pro- dislocated worker. internet website of the Department of Health vision of the Workforce Innovation and Op- (2) INDIVIDUALIZED CAREER SERVICES.—Such and Human Services, a report including, at portunity Act (29 U.S.C. 3101 et seq.) shall be funds may be used to provide individualized minimum— made in compliance with the applicable re- career services described in section ‘‘(1) a description of any new and con- quirements of such Act (29 U.S.C. 3101 et 134(c)(2)(A)(xii) of the Workforce Investment tinuing grants awarded to entities under seq.), including the applicable requirements and Opportunity Act (29 U.S.C. subsection (b) and the specific purpose and of section 182(e) of such Act (29 U.S.C. 3174(c)(2)(A)(xii)) to any such eligible adult amounts of such grants; 3242(e)) unless otherwise provided for in this and dislocated worker. ‘‘(2) an overview of— title. (3) INCUMBENT WORKER TRAINING.—In a case ‘‘(A) the evaluations conducted under sub- (b) OTHER DEFINITIONS.—In this subtitle: in which the local board for such local area sections (b); (1) APPRENTICESHIP OPPORTUNITY; APPREN- provides to the Secretary an assurance that ‘‘(B) technical assistance provided under TICESHIP PROGRAM.—The terms ‘‘apprentice- the local area will use such allocated funds subsection (h); and ship opportunity’’ and ‘‘apprenticeship pro- (allocated for adult or dislocated worker ac- ‘‘(C) activities conducted by entities gram’’ mean an opportunity in an appren- tivities) to provide the work support activi- awarded grants under subsection (b); and ticeship program, and an apprenticeship pro- ties designed to assist low-wage workers in ‘‘(3) a description of any significant find- gram, that is registered by the Office of Ap- retaining and enhancing employment in ac- ings or developments related to patient out- prenticeship or a State apprenticeship agen- cordance with section 134(d)(1)(B) of the comes or health care providers and best prac- cy under the Act of August 16, 1937 (com- Workforce Innovation and Opportunity Act tices for eligible entities expanding, using, monly known as the ‘‘National Apprentice- (29 U.S.C. 3174(d)(1)(B)), such local board or evaluating technology-enabled collabo- ship Act’’) (50 Stat. 664, chapter 663; 29 U.S.C. may— rative learning and capacity building mod- 50 et seq.), including, as in effect on Decem- (A) use not more than 40 percent of such al- els, including through the activities de- ber 30, 2019, any requirement, standard, or located funds for a training program for in- scribed in subsection (h). rule promulgated under that Act. cumbent workers described in section ‘‘(k) FUNDING.—To carry out this section, (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 134(d)(4)(A)(i) of such Act (29 U.S.C. there are hereby appropriated, out of means coronavirus as defined in section 506 3174(d)(4)(A)(i)) (for such low-wage workers amounts in the Treasury not otherwise ap- of the Coronavirus Preparedness and Re- who are incumbent workers); and propriated, $100,000,000 for each of fiscal sponse Supplemental Appropriations Act, (B) consider the economic impact of the years 2021 through 2025, to remain available 2020 (Public Law 116–123). COVID–19 national emergency to the em- until expended.’’. (3) COVID–19 NATIONAL EMERGENCY.—The ployer or participants of such program in de- SEC. 2305. RYAN WHITE HIV/AIDS PROGRAM. term ‘‘COVID–19 national emergency’’ means termining an employer’s eligibility under For purposes of carrying out title XXVI of the national emergency declared by the section 134(d)(4)(A)(ii) of such Act (29 U.S.C. the Public Health Service Act (42 U.S.C. President under the National Emergencies 3174(d)(4)(A)(ii))) for the Federal share of the 300ff–11 et seq.), there are hereby appro- Act (50 U.S.C. 1601 et seq.) on March 13, 2020, cost of such program. priated, out of amounts in the Treasury not with respect to the coronavirus. (4) TRANSITIONAL JOBS.— otherwise appropriated, $1,000,000,000, to re- (4) SECRETARY.—The term ‘‘Secretary’’— (A) IN GENERAL.—The local board for such main available until expended. (A) as such term is used in chapters 1 local area may use not more than 40 percent SEC. 2306. COMMUNITY MENTAL HEALTH SERV- through 4, and chapters 6 and 7, means the of such allocated funds to provide transi- ICES BLOCK GRANT. Secretary of Labor; and tional jobs in accordance with section Section 1920 of the Public Health Service (B) as such term is used in chapter 5, 134(d)(5) of the Workforce Innovation and Op- Act (42 U.S.C. 300x–9) is amended— means the Secretary of Education. portunity Act (29 U.S.C. 3174(d)(5)). (1) by redesignating subsections (b) and (c) (c) RULE.—If funds awarded under this sub- (B) CLARIFICATION.—Section 194(10) of the as subsections (c) and (d), respectively; and title, including all funds awarded for the pur- Workforce Innovation and Opportunity Act

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7724 CONGRESSIONAL RECORD — SENATE December 18, 2020 (29 U.S.C. 3254(10)) shall not apply with re- (C) additional resources to such local areas ufacturing, or retail industry sectors or oc- spect to the funds used under this paragraph. to provide career services and supportive cupations. (5) ON-THE-JOB TRAINING.—The Governor for services for eligible individuals. (e) AUTHORIZATION OF APPROPRIATIONS.— the State or the local board for such area (d) STATE WORKFORCE COVID–19 RECOVERY There is authorized to be appropriated to may take into account the impact of the PLAN.—Not later than 60 days after a State carry out this section $500,000,000 for fiscal COVID–19 national emergency as a factor in receives funds appropriated under section year 2021, to remain available through fiscal determining whether to increase the amount 3113(d), 3114(d), or 3115(c), the Governor shall year 2023. of a reimbursement to an amount up to 75 submit to the Secretary, as a supplement to SEC. 3113. STATE DISLOCATED WORKER ACTIVI- percent of the wage rate of a participant in the State plan submitted under section 102(a) TIES RESPONDING TO THE COVID–19 accordance with 134(c)(3)(H) of the Workforce or 103(a) of the Workforce Investment and EMERGENCY. Innovation and Opportunity Act (29 U.S.C. Opportunity Act (29 U.S.C. 3112(a); 3113(a)), a (a) DISTRIBUTION OF FUNDS.— 3174(c)(3)(H)). workforce plan that responds to the COVID– (1) STATES.—From the amounts appro- (6) CUSTOMIZED TRAINING.—The Governor 19 national emergency. priated under subsection (d), the Secretary for the State or local board for such area SEC. 3112. NATIONAL DISLOCATED WORKER shall make allotments to States in accord- may take into account the impact of the GRANTS. ance with section 132(b)(2) of the Workforce COVID–19 national emergency as a factor in (a) GRANTS AUTHORIZED.—From the funds Innovation and Opportunity Act (29 U.S.C. determining the portion of the cost of train- appropriated under subsection (e), the Sec- 3172(b)(2)). ing an employer shall provide in accordance retary shall award, in accordance with sec- (2) LOCAL AREAS.—Not later than 30 days with section 3(14) of the Workforce Innova- tion 170 of the Workforce Innovation and Op- after a State receives an allotment under tion and Opportunity Act (29 U.S.C. 3102(14)). portunity Act (29 U.S.C. 3225), national dis- paragraph (1), the State shall use the allot- (b) YOUTH.—With respect to funds appro- located worker grants to the entities that ted funds— priated under section 3114(d) and allotted or meet the requirements for the grants under (A) to make the reservations required allocated under subtitle B of title I of the such section to carry out the activities de- under section 133(a) of the Workforce Innova- Workforce Innovation and Opportunity Act scribed in such section and in subsection (d) tion and Opportunity Act (29 U.S.C. 3173(a)), (29 U.S.C. 3151 et seq.) for the activities de- of this section. which reserved funds may be used for state- scribed in chapter 2 of subtitle B of title I of (b) PLAN.—The Secretary shall submit to wide activities described in section 134(a) of the Workforce Innovation and Opportunity the Committee on Education and Labor of such Act (29 U.S.C. 3174(a)) related to the Act (29 U.S.C. 3161 et seq.) for out-of-school the House of Representatives and the Com- COVID–19 national emergency and the ac- youth and in-school youth (as such terms are mittee on Health, Education, Labor, and tivities described in subsection (c); and defined in section 129(a)(1) of the Workforce Pensions of the Senate, and the Committees (B) to allocate the remaining funds to local Innovation and Opportunity Act (29 U.S.C. on Appropriations of the House of Represent- areas in accordance with section 133(b)(2)(B) 3164(a)(1))), the Governor or local board in- atives and the Senate, not later than 30 days of the Workforce Innovation and Oppor- volved may determine that— after the date of enactment of this Act, a tunity Act (29 U.S.C. 3173(b)(2)(B)), which (1) in the case of an individual described in plan for awarding of grants under this sec- funds may be used for activities described in section 2102(a)(3)(A) of the Coronavirus Aid, tion. section 134 (other than section 134(a)) of such Relief, and Economic Security Act (15 U.S.C. (c) TIMING.—Subject to the availability of Act. 9021(a)(3)(A))) who meets the requirements of appropriations to carry out this section, not (b) REQUIRED USES.—Each State, in coordi- clauses (i) and (ii) of section 129(a)(1)(B) of later than 60 days after the date of enact- nation with local areas to the extent de- the Workforce Innovation and Opportunity ment of this Act, the Secretary shall use not scribed in subsection (c), shall use the funds Act (29 U.S.C. 3164(a)(1)(B)), such individual less than 50 percent of the funds appro- received under this section to engage in the meets the definition of an out-of-school priated under subsection (e) to award grants dislocated worker response activities de- youth in such section 129(a)(1)(B); and under this section. scribed in sections 133(b)(2)(B) and 134 of the (2) in the case of an individual described in (d) USES OF FUNDS.— Workforce Innovation and Opportunity Act section 2102(a)(3)(A) of the Coronavirus Aid, (1) IN GENERAL.—Not less than half of the (29 U.S.C. 3173(b)(2)(B); 3174), and the activi- Relief, and Economic Security Act who funds appropriated under subsection (e) shall ties described in subsection (c), to support meets the requirements of clauses (i) be used to award grants under this section to layoff aversion and provide necessary sup- through (iii) of section 129(a)(1)(C) of the carry out this subsection, by responding to ports to eligible adults (at risk of disloca- Workforce Innovation and Opportunity Act the COVID–19 national emergency as de- tion) and dislocated workers and to employ- (29 U.S.C. 3164(a)(1)(C)), such individual scribed in paragraph (2). ers facing layoffs, due to the impacts of the meets the definition of an in-school youth in (2) RESPONSE TO COVID–19 NATIONAL EMER- COVID–19 national emergency. such section 129(a)(1)(C). GENCY.—Such a grant to respond to the (c) COVID–19 DISLOCATED WORKER EMER- (c) GOVERNOR’S RESERVE.—With respect to COVID–19 national emergency shall be used GENCY RESPONSE.—The dislocated worker re- funds appropriated under section 3113(d), to provide activities that include each of the sponse activities described in this subsection 3114(d), or 3115(c) and allotted under subtitle following: shall include each of the following activities B of title I of the Workforce Innovation and (A) Training and temporary employment carried out by a State, in coordination with Opportunity Act to a State in accordance to respond to the COVID–19 national emer- local areas impacted by the COVID–19 na- with section 127(b)(1)(C) and paragraphs gency, ensuring any training or employment tional emergency (including local areas in (1)(B) and (2)(B) of section 132(b) of the Work- under this subparagraph provides partici- which layoffs, suspensions, or reductions of force Innovation and Opportunity Act (29 pants with adequate and safe equipment, en- employment have occurred or have the po- U.S.C. 3162(b)(1)(C); 3172(b)), the Governor— vironments, and facilities for training and tential to occur as a result of the COVID–19 (1) shall make the reservations under sec- supervision, including positions or assign- national emergency): tion 128(a) and 133(a)(1) of such Act (29 U.S.C. ments— (1) The rapid response activities described 3163(a); 3173(a)(1)) and use the reserved funds (i) as personal care attendants, direct serv- in section 134(a)(2)(A) of the Workforce Inno- for statewide activities described in section ice providers, or home health workers pro- vation and Opportunity Act (29 U.S.C. 129(b) or paragraph (2)(B) or (3) of section viding direct care and home health services, 3174(a)(2)(A)), including the layoff aversion 134(a) of such Act (29 U.S.C. 3164(b); 3174(a)) including delivering medicine, food, or other activities described in section 682.320 of sub- related to the COVID–19 national emergency; supplies, for— title 20, Code of Federal Regulations (as in and (I) older individuals, individuals with dis- effect on the date of enactment of this Act) (2) may make a reservation (in addition to abilities, and other individuals with res- to engage employers and adults (at risk of the reservations described in paragraph (1)) piratory conditions or other underlying dislocation). of not more than 10 percent for activities re- health conditions; or (2) Coordination of projects, for eligible lated to responding to the COVID–19 national (II) individuals in urban, rural, or suburban adults (at risk of dislocation) and dislocated emergency if such reserved funds are used for local areas with excess poverty; workers impacted by layoffs, suspensions, or activities benefitting the local areas within (ii) in health care and health care support reductions in employment as a result of the such State most impacted by the COVID–19 positions responding to the COVID–19 na- COVID–19 national emergency, targeted at national emergency, which activities may tional emergency; immediate reemployment, career navigation include providing— (iii) to support State, local, or tribal services, supportive services, career services, (A) training for health care workers, public health departments; or training for in-demand industry sectors and health workers, personal care attendants, di- (iv) in a sector directly responding to the occupations, provision of information on in- rect service providers, home health workers, COVID–19 national emergency such as demand and declining industries and infor- and frontline workers; childcare, food retail, public service, manu- mation on employers who have a dem- (B) resources to support, or allow for and facturing, or transportation. onstrated history of providing equitable ben- provide access to, online services, including (B) Activities responding to layoffs of 50 or efits and compensation and safe working counseling, case management, and employ- more individuals laid off by one employer, or conditions, access to technology and online ment retention services, and training deliv- layoffs that significantly increase unemploy- skills training including digital literacy ery by local boards, one-stop centers, one- ment in a community, as a result of the skills training, and other layoff support or stop operators, or eligible training services COVID–19 national emergency, such as lay- further layoff aversion strategies through providers; or offs in the hospitality, transportation, man- employment and training activities.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7725 (3) A prioritization or coordination of em- tions to support such employment opportu- tion and Opportunity Act (29 U.S.C. 3173(a)), ployment and training activities, including nities. which reserved funds may be used for state- supportive services and career pathways, (B) OTHER ACTIVITIES.—Any amount of the wide activities described in section 134(a) of that— funds so received that is not used to carry such Act (29 U.S.C. 3174(a)) related to the (A) prepare eligible adults (at risk of dis- out the activities described in subparagraph COVID–19 national emergency; and location) and dislocated workers to partici- (A) shall be used by States and local areas (B) to allocate the remaining funds to local pate in short-term employment to meet the for carrying out the activities described in areas in accordance with paragraph (2)(A) or demands for health care workers, public subsections (b) and (c), respectively, of sec- (3) of section 133(b) of the Workforce Innova- health workers, personal care attendants, di- tion 129 of the Workforce Innovation and Op- tion and Opportunity Act (29 U.S.C. 3173(b)). rect service providers, home health workers, portunity Act (29 U.S.C. 3164), and for the (b) USES OF FUNDS.— and frontline workers responding to the purposes of— (1) IN GENERAL.—Each State and local area COVID–19 national emergency, including (i) supporting in-school and out-of-school receiving funds under this section shall use frontline workers in the transportation, in- youth to connect to education and career the funds to engage in the adult employment formation technology, service, manufac- pathways; and training activities described in section turing, food service, maintenance, and clean- (ii) establishing or expanding partnerships 134 of the Workforce Innovation and Oppor- ing sectors; with community-based organizations to de- tunity Act (29 U.S.C. 3174) to provide nec- (B) allow such individuals to maintain eli- velop or expand work experience opportuni- essary supports and services to eligible gibility for career services and training serv- ties through which youth can develop skills adults who are adversely impacted by the ices through the period in which such indi- and competencies to secure and maintain COVID–19 national emergency, including to viduals are in short-term employment to re- employment, including opportunities with individuals who are underemployed or most spond to the COVID–19 national emergency, supports for activities like peer mentoring; at risk of unemployment, and shall coordi- and in the period immediately following the (iii) providing subsidized employment, in- nate the adult employment and training conclusion of the short-term employment, to ternships, work-based learning, and youth services with employers facing economic support transitions into further training or apprenticeship opportunities; hardship or employment challenges due to employment; and (iv) providing work readiness training ac- economic impacts of the COVID–19 national (C) provide participants with adequate and tivities and educational programs aligned to emergency. safe equipment, environments, and facilities career pathways that support credential at- (2) COVID–19 ADULT EMPLOYMENT AND for training and supervision. tainment and the development of employ- TRAINING ACTIVITIES.— ability skills; (d) AUTHORIZATION OF APPROPRIATIONS.— (A) SERVICES TO SUPPORT EMPLOYERS IM- (v) engaging or establishing industry or There is authorized to be appropriated to PACTED BY THE COVID–19 NATIONAL EMER- sector partnerships to determine job needs carry out the activities described in this sec- GENCY.—Of the funds allocated to a local tion, and subsections (a), (c), and (d) of sec- and available opportunities for youth em- area under subsection (a)(2)(B), not less than tion 3111, $2,500,000,000 for fiscal year 2021, to ployment; one third shall be used for providing services remain available through fiscal year 2023. (vi) conducting outreach to youth and em- to eligible adults to support employers im- SEC. 3114. YOUTH WORKFORCE INVESTMENT AC- ployers; pacted by the COVID–19 national emergency, TIVITIES RESPONDING TO THE (vii) providing coaching, navigation, and including incumbent worker training, on- COVID–19 NATIONAL EMERGENCY. mentoring services for participating youth, the-job training, and customized training ac- (a) DISTRIBUTION OF FUNDS.— including career exploration, career coun- tivities, and activities supporting employee (1) STATES.—From the amounts appro- seling, career planning, and college planning retention for employers, prioritizing those priated under subsection (d), the Secretary services for participating youth; employers facing economic hardship or em- shall make allotments to States in accord- (viii) providing coaching, navigation, and ployment challenges as a result of the ance with section 127(b) of the Workforce In- mentoring services for employers on how to COVID–19 national emergency. successfully employ participating youth in novation and Opportunity Act (29 U.S.C. (B) UNDEREMPLOYMENT AND EMPLOYMENT meaningful work; 3162(b)). SUPPORTS.—Of the funds allocated to a local (2) LOCAL AREAS.—Not later than 30 days (ix) providing services to youth, to enable area and not used for activities under sub- after a State receives an allotment under participation in a program of youth activi- paragraph (A), such funds shall be used to paragraph (1), the State shall use the allot- ties, which services may include supportive provide the services and supports described ted funds— services, access to technological devices and in section 134 of the Workforce Innovation (A) to make the reservations required access to other supports needed to access on- and Opportunity Act (29 U.S.C. 3174) for eligi- under 128(a) of the Workforce Innovation and line services, and followup services for not ble adults who are workers facing under- Opportunity Act (29 U.S.C. 3163(a)), which re- less than 12 months after the completion of employment, individuals seeking work, or served funds may be used for statewide ac- participation, as appropriate; and dislocated workers, prioritizing individuals tivities described in section 129(b) of the (x) coordinating activities under this sec- with barriers to employment or eligible Workforce Innovation and Opportunity Act tion with State and local educational agen- adults who are adversely impacted by eco- (29 U.S.C. 3164(a)) related to the COVID–19 cies to adjust for revised academic calendars nomic changes within their communities due national emergency and the activities de- in response to the COVID–19 national emer- to the COVID–19 national emergency, includ- scribed in subsection (b); and gency. ing providing— (c) GENERAL PROVISIONS.—A State or local (B) to allocate the remaining funds to local (i) work-based learning opportunities in- area using funds under this section for youth areas in accordance with section 128(b) of the cluding paid internships, paid work experi- Workforce Innovation and Opportunity Act summer or year-round employment shall re- quire that not less than 25 percent of the ence opportunities, transitional jobs, or op- (29 U.S.C. 3163(b)), which funds may be used portunities in apprenticeship programs; for the activities described in subsection (b). wages of each eligible youth participating in such employment be paid by the employer, (ii) career navigation supports to encour- (b) USES OF FUNDS.— except that such requirement may waived age and enable workers to find new career (1) IN GENERAL.—In using the funds re- for an employer facing financial hardship pathways to in-demand industry sectors and ceived under this section, each State and due to the COVID–19 national emergency. occupations and the necessary training to local area shall prioritize providing services (d) AUTHORIZATION OF APPROPRIATIONS.— support those career pathways, or workplace described in paragraph (2)(A) for youth im- There is authorized to be appropriated to learning advisors to support incumbent pacted by diminished labor market opportu- carry out the activities described in this sec- workers; nities for summer jobs or year-round em- tion, and subsections (b), (c), and (d) of sec- (iii) training for in-demand industry sec- ployment due to the economic impacts of the tion 3111, $2,500,000,000 for fiscal year 2021, to tors and occupations, including for digital COVID–19 national emergency. remain available through fiscal year 2023. literacy needed for such industry sectors and (2) YOUTH WORKFORCE INVESTMENT ACTIVI- SEC. 3115. ADULT EMPLOYMENT AND TRAINING occupations; TIES.— ACTIVITIES RESPONDING TO THE (iv) virtual services and virtual employ- (A) EMPLOYMENT OPPORTUNITIES FOR AT- COVID–19 NATIONAL EMERGENCY. ment and training activities, including pro- RISK YOUTH.—Each State and local area re- (a) DISTRIBUTION OF FUNDS.— viding appropriate accommodations to indi- ceiving funds under this section shall use not (1) STATES.—From the amounts appro- viduals with disabilities in accordance with less than 50 percent of such funds to support priated under subsection (c), the Secretary the Americans with Disabilities Act of 1990 summer and year-round youth employment shall make allotments to States in accord- (42 U.S.C. 12101 et seq.); and opportunities for in-school and out-of-school ance with section 132(b)(1) of the Workforce (v) supportive services and individualized youth— Innovation and Opportunity Act (29 U.S.C. career services. (i) with a priority for out-of-school youth 3172(b)(1)). (c) AUTHORIZATION OF APPROPRIATIONS.— and youth with multiple barriers to employ- (2) LOCAL AREAS.—Not later than 30 days ment; and after a State receives an allotment under There is authorized to be appropriated to (ii) which shall include support for em- paragraph (1), the State shall use the allot- carry out this section and subsections (a), ployer partnerships for youth employment ted funds— (c), and (d) of section 3111, $2,500,000,000 for and subsidized youth employment, and part- (A) to make the reservations required fiscal year 2021, to remain available through nerships with community-based organiza- under section 133(a) of the Workforce Innova- fiscal year 2023.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7726 CONGRESSIONAL RECORD — SENATE December 18, 2020

CHAPTER 2—EMPLOYMENT SERVICE agreement under section 147(a)(1) of the (4) ADVANCED CAREER TRAINING PRO- COVID–19 NATIONAL EMERGENCY RE- Workforce Innovation and Opportunity Act GRAMS.—With respect to advanced career SPONSE FUND (29 U.S.C. 3197(a)(1)) to— training programs under section 148(c) of the SEC. 3121. EMPLOYMENT SERVICE. (A) during the COVID–19 national emer- Workforce Innovation and Opportunity Act (a) IN GENERAL.—From the funds appro- gency— (29 U.S.C. 3198(c)), in which the enrollees priated under subsection (c), the Secretary (i) carry out the activities described in sec- may continue to participate for a period not shall— tion 148(a) of the Workforce Innovation and to exceed 1 year in addition to the period of (1) reserve not less than $100,000,000 for Opportunity Act (29 U.S.C. 3198(a)); and participation to which the enrollees would workforce information systems improve- (ii) provide the child care described in sec- otherwise be limited, the COVID–19 national ments, including for related electronic tools tion 148(e) of such Act (29 U.S.C. 3198(e)); and emergency shall not be considered as any and system building, and for the activities (B) retain existing capacity (existing as of portion of such additional 1-year participa- described in subsection (b)(1); and June 1, 2019) of each Job Corps center, in- tion period. (2) use the remaining funds to make allot- cluding retaining the existing residential ca- (5) COUNSELING, JOB PLACEMENT, AND AS- ments in accordance with section 6 of the pacity, during and after the COVID–19 na- SESSMENT.—The counseling, job placement Wagner-Peyser Act (29 U.S.C. 49e) to States, tional emergency, and increase staffing and services, and assessment described in section which for purposes of this section shall in- student capacity and resources related to 149 of the Workforce Innovation and Oppor- clude the Commonwealth of the Northern section 145 of the Workforce Innovation and tunity Act (29 U.S.C. 3199) shall be available Mariana Islands and American Samoa, for— Opportunity Act (29 U.S.C. 3195) to provide to former enrollees— (A) the activities described in subsection for full on-board strength after such emer- (A) whose enrollment was interrupted due (b)(2) of this section; and gency; and to the COVID–19 national emergency; or (B) the activities described in section 15 of (C) during the 12-month period after the (B) who graduated from Job Corps not ear- the Wagner-Peyser Act (29 U.S.C. 49l–2). COVID–19 national emergency, carry out the lier than January 1, 2020, but not later than (b) USES OF FUNDS.— graduate services described in section 148(d) 3 months after the COVID–19 national emer- (1) RESERVATION USES OF FUNDS.—The Sec- of such Act (29 U.S.C. 3198(d)) for any indi- gency. retary shall use the funds reserved under vidual who has graduated from Job Corps (6) SUPPORT.— subsection (a)(1) for— during the 3-month period after such emer- (A) IN GENERAL.—The Secretary shall pro- (A) workforce information grants to States gency; and vide additional support for the transition pe- for the development of labor market insights (2) may— riods described in section 150(c) of the Work- and evidence on the State and local impacts (A) provide up to 15 percent of the funds force Innovation and Opportunity Act (29 of the COVID–19 national emergency and on provided to the entity to meet the oper- U.S.C. 3200(c)), including support described in promising reemployment strategies, and to ational needs of the Job Corps center (which subparagraphs (B) and (C). may include the cleaning, sanitation, and improve access to tools and equipment for (B) TRANSITION ALLOWANCES.—The Sec- virtual products and service delivery; necessary improvements of the center re- retary shall provide for additional transition (B) the Workforce Information Technology lated to COVID–19); allowances as described in subsection (b) of Support Center, to facilitate voluntary State (B) support— such section for Job Corps graduates who participation in multi-State data (i) activities providing the relationship to have graduated in 2020 and shall provide opportunities, and links to employment op- collaboratives that develop real-time State those allowances during the period that be- portunities described in paragraphs (2) and and local labor market insights on the im- gins on the first day of the COVID–19 na- (3) of section 148(a) of the Workforce Innova- pacts of the COVID–19 national emergency tional emergency and ends 3 months after tion and Opportunity Act (29 U.S.C. 3198(a)); and evidence to promote more rapid reem- the conclusion of the emergency. ployment and economic mobility, using (ii) to the greatest extent practicable, the (C) TRANSITION SUPPORT.—The Secretary career and technical education and training cross-State and cross-agency administrative shall consider the period described in sub- described in section 148(b) of such Act (29 data; and paragraph (B) as the period in which the em- (C) improvements in short- and long-term U.S.C. 3198(b)) through virtual or remote ployment services described in subsection (c) State and local occupational and employ- means for any period while Job Corps enroll- of such section shall be provided to grad- ment projections to facilitate reemploy- ees are away from their centers during the uates who have graduated in 2020. ment, economic mobility, and economic de- COVID–19 national emergency, including by velopment strategies. providing necessary technology resources to (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to (2) STATE USES OF FUNDS.—A State shall enrollees during that period; and use an allotment received under subsection (iii) other activities described in section carry out this chapter $500,000,000 for fiscal (a)(2) to— 148 of the Workforce Innovation and Oppor- year 2021, to remain available through fiscal (A) provide additional resources for sup- tunity Act (29 U.S.C. 3198); year 2023. porting employment service personnel em- (C) provide for costs related to infrastruc- CHAPTER 4—NATIONAL PROGRAMS ployed on a merit system in providing reem- ture projects, including technology mod- ernization needed to provide for virtual and SEC. 3141. NATIVE AMERICAN PROGRAMS RE- ployment services for unemployed and un- SPONDING TO THE COVID–19 NA- deremployed workers impacted by the remote learning; and TIONAL EMERGENCY. COVID–19 national emergency; (D) provide for payment of Job Corps sti- (a) COMPETITIVE GRANT AWARDS.—As a re- (B) provide assistance for individuals im- pends, including emergency Job Corps sti- sult of challenges faced due to the COVID–19 pacted by the COVID–19 national emergency, pends, and facilitate such payments through national emergency, the Secretary may ex- including individuals receiving unemploy- means such as debit cards with no usage fees, tend, by 1 fiscal year, the 4-year period for ment benefits or seeking employment as a and provide for corresponding financial lit- grants, contracts, and cooperative agree- result of the emergency (which provision of eracy. ments that will be awarded in fiscal year 2021 assistance shall include providing for serv- (b) FLEXIBILITY.— under subsection (c) of section 166 of the ices such as reemployment services, job (1) IN GENERAL.—In order to provide for the Workforce Innovation and Opportunity Act search assistance, and job matching services successful continuity of services and enroll- (29 U.S.C. 3221). Funds under such grants, based on the experience of individuals, and ment periods during the COVID–19 national contracts, and cooperative agreements shall providing individualized career services for emergency, additional flexibility shall be be used to carry out the activities described all such individuals); and provided for Job Corps enrollees, operators, in subsection (d) of such section 166 through (C) provide services for employers im- and providers of activities, including flexi- fiscal year 2025. pacted by the COVID–19 national emergency, bility described in paragraphs (2) through (6). which shall include services for employers (2) ELIGIBILITY.—Notwithstanding the age (b) AUTHORIZATION OF APPROPRIATIONS.— dealing with labor force changes as a result requirements for enrollment under section There is authorized to be appropriated to of such emergency. 144(a)(1) of the Workforce Innovation and Op- carry out this section and activities as de- (c) AUTHORIZATION OF APPROPRIATIONS.— portunity Act (29 U.S.C. 3194(a)(1)), an indi- scribed in section 166 of the Workforce Inno- There is authorized to be appropriated to vidual seeking to enroll in the Job Corps and vation and Opportunity Act (29 U.S.C. 3221) carry out the activities described in this sec- who will turn 25 during the COVID–19 na- $150,000,000 for fiscal year 2021, to remain tion $1,700,000,000 for fiscal year 2021, to re- tional emergency is eligible for such enroll- available through fiscal year 2025. main available through fiscal year 2023. ment. SEC. 3142. MIGRANT AND SEASONAL FARM- CHAPTER 3—JOB CORPS RESPONSE TO (3) ENROLLMENT LENGTH.—Notwithstanding WORKER PROGRAM RESPONSE. THE COVID–19 NATIONAL EMERGENCY section 146(b) of the Workforce Innovation (a) COMPETITIVE GRANT AWARDS.—As a re- SEC. 3131. JOB CORPS RESPONSE TO THE COVID- and Opportunity Act (29 U.S.C. 3196(b)), an sult of challenges faced due to the COVID–19 19 NATIONAL EMERGENCY. individual enrolled in the Job Corps during national emergency, the Secretary may ex- (a) FUNDING FOR JOB CORPS DURING THE the COVID–19 national emergency may ex- tend, by 1 fiscal year, the 4-year period for COVID–19 NATIONAL EMERGENCY.—From the tend the individual’s period of enrollment for grants and contracts that will be awarded in funds appropriated under subsection (c), the more than 2 years, as long as such extension fiscal year 2021 under subsection (a) of sec- Secretary— does not exceed a 2-year, continuous period tion 167 of the Workforce Innovation and Op- (1) shall provide funds to each entity with of enrollment after the COVID–19 national portunity Act (29 U.S.C. 3222). Funds under which the Secretary has entered into an emergency. such grants and contracts shall be used to

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7727 carry out the activities described in sub- pating in such program during the COVID–19 paragraph (1) shall be used for supporting na- section (d) of such section 167 through fiscal national emergency, as long as such exten- tional industry and equity intermediaries, year 2025. sion does not exceed a 24-month, continuous and local intermediaries; and (b) ELIGIBLE MIGRANT AND SEASONAL FARM- period of enrollment after the COVID–19 na- (3) funds awarded under this section shall WORKER.—Notwithstanding the low-income tional emergency. be used for creating or expanding opportuni- requirement in the definition of ‘‘eligible (c) AUTHORIZATION OF APPROPRIATIONS.— ties in apprenticeship programs, including seasonal farmworker’’ in section 167(i)(3) of There is authorized to be appropriated to opportunities in pre-apprenticeship pro- the Workforce Innovation and Opportunity carry out this section $250,000,000 for fiscal grams and youth apprenticeship programs, Act (29 U.S.C. 3222(i)(3)), an individual seek- year 2021, to remain available through fiscal and activities including— ing to enroll in a program funded under sec- year 2023. (A) providing supportive services; tion 167 of the Workforce Innovation and Op- SEC. 3144. REENTRY EMPLOYMENT OPPORTUNI- (B) using recruitment and retention strate- portunity Act (29 U.S.C. 3222) during the TIES RESPONDING TO THE COVID–19 gies for program participants with a priority COVID–19 national emergency is eligible for NATIONAL EMERGENCY. for recruiting and retaining, for programs, a such enrollment if such individual is a mem- (a) IN GENERAL.—The Secretary shall— high number or high percentage of individ- ber of a family with a total family income (1) not later than 30 days after the date of uals with barriers to employment and indi- equal to or less than 150 percent of the pov- enactment of this Act, announce an oppor- viduals from populations traditionally erty line. tunity to receive funds in accordance with underrepresented in apprenticeship pro- (c) AUTHORIZATION OF APPROPRIATIONS.— section 169(b) of the Workforce Innovation grams; There is authorized to be appropriated to and Opportunity Act (29 U.S.C. 3224(b)) for (C) expanding apprenticeship opportunities carry out this section and activities as de- the activities described in subsection (b) of in high-skill, high-wage, or in-demand indus- scribed in section 167 of the Workforce Inno- this section; and try sectors and occupations; vation and Opportunity Act (29 U.S.C. 3222) (2) from the funds appropriated under sub- (D) paying for costs associated with related $150,000,000 for fiscal year 2021, to remain section (c), not later than 45 days after the instruction, or wages while participating in available through fiscal year 2023. date on which an entity submits an applica- related instruction; SEC. 3143. YOUTHBUILD ACTIVITIES RESPOND- tion that meets the requirements of the Sec- (E) improving educational alignment; and ING TO THE COVID–19 NATIONAL retary under this section, award funds under (F) encouraging employer participation. EMERGENCY. this section to such entity. (a) IN GENERAL.—In order to provide for (b) USE OF FUNDS.— (c) AUTHORIZATION OF APPROPRIATIONS.— the successful continuity of services and en- (1) IN GENERAL.—Funds under this section There is authorized to be appropriated to rollment periods during the COVID–19 na- shall be used to support reentry employment carry out this section $500,000,000 for fiscal tional emergency, the Secretary shall— opportunities for justice system-involved year 2021, to remain available through fiscal (1) make available, from 20 percent of the youth or young adults, formerly incarcer- year 2023. funds appropriated under subsection (c), as- ated adults, and former offenders, during and CHAPTER 5—ADULT EDUCATION AND LIT- sistance to entities carrying out YouthBuild following the COVID–19 national emergency, ERACY COVID–19 NATIONAL EMER- programs operating during the COVID–19 na- with priority given to providing for sub- GENCY RESPONSE tional emergency and, for the assistance sidized employment and transitional jobs, made available to such an entity— and creating stronger alignment between the SEC. 3151. DEFINITIONS. (A) the assistance may be used for carrying opportunities and the workforce develop- In this chapter, the terms ‘‘adult edu- out the activities under section 171(c)(2) of ment system and participant supports under cation’’, ‘‘adult education and literacy ac- the Workforce Innovation and Opportunity subtitle B of title I of the Workforce Innova- tivities’’, ‘‘eligible agency’’, ‘‘eligible pro- Act (29 U.S.C. 3226(c)(2)); and tion and Opportunity Act (29 U.S.C. 3151 et vider’’, and ‘‘integrated education and train- (B) notwithstanding section 171(c)(2)(D) of seq.). ing’’ have the meanings given the terms in the Workforce Innovation and Opportunity (2) GRANTS FOR INTERMEDIARIES.— section 203 of the Workforce Innovation and Act (29 U.S.C. 3226(c)(2)(D)), a portion equal (A) RESERVATION.—Of the amount appro- Opportunity Act (29 U.S.C. 3272). to not more than 20 percent of the assistance priated under subsection (c), the Secretary may be used for the administrative costs of SEC. 3152. ADULT EDUCATION AND LITERACY RE- shall reserve $87,500,000 for grants under this SPONSE ACTIVITIES. carrying out activities under section 171(c)(2) paragraph. of such Act, but all of such portion shall be (B) GRANTS.—The Secretary shall make During the COVID–19 national emergency, used for such administrative costs related to grants, on a competitive basis, to national an eligible agency may use funds available responding to the COVID–19 national emer- and regional intermediaries for reentry em- to such agency under paragraphs (2) and (3) gency; ployment opportunities described in para- of section 222(a) of the Workforce Innovation (2) after using funds in accordance with graph (1) that prepare young, formerly incar- and Opportunity Act (20 U.S.C. 3302(a)), for paragraph (1), use 80 percent of the funds ap- cerated individuals described in paragraph the administrative expenses of the eligible propriated under subsection (c) to— (1), including such individuals who have agency related to transitions to online serv- (A) reserve and use funds in accordance dropped out of school or other educational ice delivery of adult education and literacy with section 171(g)(2)(B) of such Act (29 programs. In making the grants, the Sec- activities. U.S.C. 3226(g)(2)(B)); and retary shall give priority to intermediaries SEC. 3153. DISTRIBUTION OF FUNDS. (B) award grants in accordance with sec- proposing projects serving high-crime, high- (a) RESERVATION OF FUNDS; GRANTS TO ELI- tion 171(c) of such Act (29 U.S.C. 3226(c)), poverty areas. GIBLE AGENCIES.—From the amounts appro- which may be awarded as supplemental (c) AUTHORIZATION OF APPROPRIATIONS.— priated under subsection (c), the Secretary awards, to eligible entities that received There is authorized to be appropriated to shall— grants under such section 171(c) for program carry out this section $350,000,000 for fiscal (1) reserve and use funds in accordance year 2019 or 2020; and year 2021, to remain available through fiscal with section 211(a) of the Workforce Innova- (3) provide for the flexibility described in year 2023. subsection (b) for YouthBuild participants tion and Opportunity Act (29 U.S.C. 3291); SEC. 3145. REGISTERED APPRENTICESHIP OP- and and entities carrying out YouthBuild pro- PORTUNITIES RESPONDING TO THE grams. COVID–19 NATIONAL EMERGENCY. (2) award grants to eligible agencies in ac- (b) FLEXIBILITY.— (a) IN GENERAL.—From the funds appro- cordance with section 211(b) of the Workforce (1) IN GENERAL.—During the COVID–19 na- priated under subsection (c), the Secretary Innovation and Opportunity Act (29 U.S.C. tional emergency, the Secretary shall pro- shall award grants, contracts, or cooperative 3291), ensuring that not less than 10 percent vide for flexibility for YouthBuild partici- agreements to eligible entities on a competi- of the total funds awarded through those pants and entities carrying out YouthBuild tive basis to create or expand apprenticeship grants shall be used to provide adult edu- programs, including flexibility described in programs, which shall include pre-appren- cation and literacy activities in correctional paragraphs (2) and (3). ticeship programs and youth apprenticeship facilities. (2) ELIGIBILITY.—Notwithstanding the age programs. (b) USES OF FUNDS.—Each eligible agency requirements for enrollment under section (b) USE OF FUNDS.—In making awards or eligible provider shall use the funds re- 171(e)(1)(A)(i) of the Workforce Innovation under subsection (a), the Secretary shall en- ceived through subsection (a)(2) to expand and Opportunity Act (29 U.S.C. sure that— the capacity of adult education providers to 3226(e)(1)(A)(i)), an individual seeking to par- (1) not less than 50 percent of the funds ap- prioritize serving adults with low literacy or ticipate in a YouthBuild program and who propriated under subsection (c) shall be numeracy levels negatively impacted by the will turn 25 during the COVID–19 national awarded to States in accordance with the economic consequences of the COVID–19 na- emergency is eligible for such participation. award information described in the Depart- tional emergency, which may include— (3) PARTICIPATION LENGTH.—Notwith- ment of Labor Employment and Training (1) expanding the infrastructure needed for standing section 171(e)(2) of the Workforce Administration Training and Employment the provision of services and educational re- Innovation and Opportunity Act (29 U.S.C. Guidance Letter No. 17–18 issued on May 3, sources online or through digital means, in- 3226(e)(2)), the period of participation in a 2019; cluding the provision of technology or inter- YouthBuild program may extend for more (2) the remaining funds appropriated under net access to students and instructional staff than 24 months for an individual partici- subsection (c) after funds are awarded under to enable virtual or distance learning;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7728 CONGRESSIONAL RECORD — SENATE December 18, 2020 (2) creating or expanding digital literacy serve individuals impacted by the COVID–19 (E) how the eligible entity will ensure the curricula and resources, including profes- national emergency, as demonstrated by pro- quality of each such program, the career sional development activities to aid instruc- viding an assurance in the application sub- pathways within such programs, and the jobs tional and program staff in providing online mitted under subsection (d) that the eligible in the industry sectors or occupations to or digital training to students; and entity will use such funds to— which the program is aligned. (3) equipping adult education providers to (1) serve such individuals with barriers to (3) The extent to which the eligible entity partner more closely with partners in work- employment, veterans, spouses of members can leverage additional resources, and dem- force development systems on implementa- of the Armed Forces, Native Americans, onstration of the future sustainability of tion strategies such as provision of inte- Alaska Natives, Native Hawaiians, or incum- each such program. grated education and training to prepare bent workers who are low-skilled and who (4) How each such program and activities adult learners on an accelerated timeline for need to increase their employability skills; carried out under the grant will include evi- high-skill, high-wage, or in-demand industry (2) serve such individuals from each major dence-based practices, including a descrip- sectors and occupations. racial and ethnic group or gender with lower tion of such practices. (c) AUTHORIZATION OF APPROPRIATIONS.— than average educational attainment in the (5) The student populations that will be There is authorized to be appropriated to State or employment in the in-demand in- served by the eligible entity, including— carry out this section $1,000,000,000 for fiscal dustry sector or occupation that such award (A) an analysis of any barriers to employ- year 2021, to remain available through fiscal will support; or ment or barriers to postsecondary education year 2023. (3) serve areas with high unemployment that such populations face, and an analysis CHAPTER 6—COMMUNITY COLLEGE AND rates or high levels of poverty, including of how the services to be provided by the eli- INDUSTRY PARTNERSHIP GRANTS rural areas. gible entity under this section will address such barriers; and (d) APPLICATION.—An eligible entity seek- SEC. 3161. COMMUNITY COLLEGE AND INDUSTRY (B) how the eligible entity will support ing an award of funds under this section PARTNERSHIP GRANTS. such populations to establish a work history, shall submit to the Secretary an application (a) DEFINITIONS.—In this section: demonstrate success in the workplace, and containing a grant proposal at such time and (1) ELIGIBLE ENTITY.—The term ‘‘eligible develop the skills and competencies that in such manner, and containing such infor- entity’’ means an eligible institution or a lead to entry into and retention in unsub- consortium of such eligible institutions, mation, as required by the Secretary, includ- sidized employment. which may include a multistate consortium ing a detailed description of the following: (6) Assurances the eligible entity will par- of such eligible institutions. (1) Each entity (and the roles and respon- ticipate in and comply with third-party eval- (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi- sibilities of each entity) with which the eli- uations described in subsection (f)(3). ble institution’’ means a public institution gible entity will partner to carry out activi- (e) USE OF FUNDS.— of higher education (as defined in section ties under this section, including each of the (1) IN GENERAL.—An eligible entity shall 101(a) of the Higher Education Act of 1965 (20 following: use a grant awarded under this section to es- U.S.C. 1001(a))) at which the highest degree (A) An industry or sector partnership rep- tablish and scale career training programs, that is predominantly awarded to students is resenting a high-skill, high-wage, or in-de- including career and technical education an associate degree, including a 2-year Trib- mand industry sector or occupation. programs, and career pathways and supports al College or University (as defined in sec- (B) A State higher education agency or a for students participating in such programs. tion 316 of the Higher Education Act (20 State workforce agency. (2) STUDENT SUPPORT AND EMERGENCY SERV- U.S.C. 1059c)). (C) To the extent practicable— ICES.—Not less than 15 percent of the grant (3) PERKINS CTE DEFINITIONS.—The terms (i) State or local workforce development awarded to an eligible entity under this sec- ‘‘career and technical education’’, ‘‘dual or systems; tion shall be used to carry out student sup- concurrent enrollment program’’, and (ii) economic development and other rel- port services which may include the fol- ‘‘work-based learning’’ have the meanings evant State or local agencies; lowing: given the in terms in section 3 of the Carl D. (iii) one or more community-based organi- (A) Supportive services, including child Perkins Career and Technical Education Act zations; care, transportation, mental health services, of 2006 (20 U.S.C. 2302). (iv) one or more institutions of higher edu- substance use disorder prevention and treat- (b) GRANT AUTHORITY.— cation that primarily award 4-year degrees ment, assistance in obtaining health insur- (1) IN GENERAL.—From the funds appro- with which the eligible institution has devel- ance coverage, housing, and assistance in ac- priated under subsection (h) and not reserved oped or will develop articulation agreements cessing the supplemental nutrition assist- under subsection (f), the Secretary, in col- for programs created or expanded using ance program established under the Food laboration with the Secretary of Education funds under this section; and Nutrition Act of 2008 (7 U.S.C. 2011 et (acting through the Office of Career, Tech- (v) one or more providers of adult edu- seq.), the special supplemental nutrition pro- nical, and Adult Education) shall award, on cation; and gram for women, infants, and children estab- a competitive basis, grants, contracts, or co- (vi) one or more labor organizations or lished by section 17 of the Child Nutrition operative agreements, in accordance with joint labor-management partnerships. Act of 1966 (42 U.S.C. 1786), and other bene- section 169(b)(5) of the Workforce Innovation (2) The programs that will be supported fits, as appropriate. and Opportunity Act (29 U.S.C. 3224(b)(5)), to with such award, including a description of— (B) Connecting students to State or Fed- eligible entities to assist such eligible enti- (A) each program that will developed or ex- eral means-tested benefits programs, includ- ties in— panded, and how the program will be respon- ing the means-tested Federal benefits pro- (A) establishing and scaling career training sive to the high-skill, high-wage, or in-de- grams described in subparagraphs (A) programs, including career and technical mand industry sectors or occupations in the through (F) of section 479(d)(2) of the Higher education programs, and industry and sector geographic region served by the eligible enti- Education Act of 1965 (20 U.S.C. 1087ss(d)(2)). partnerships to inform such programs; and ty under this section, including— (C) The provision of direct financial assist- (B) providing necessary student supports. (i) how the eligible entity will collaborate ance to help students facing financial hard- (2) AWARD AMOUNTS.—The total amount of with employers to ensure each such program ships that may impact enrollment in or com- funds awarded under this section to an eligi- will provide the skills and competencies nec- pletion of a program assisted with such ble entity shall not exceed— essary to meet future employment demand; funds. (A) in the case of an eligible entity that is and (D) Navigation, coaching, mentorship, and eligible institution, $2,500,000; and (ii) the quantitative data and evidence that case management services, including pro- (B) in the case of an eligible entity that is demonstrates the extent to which each such viding information and outreach to popu- a consortium, $15,000,000. program will meet the needs of employers in lations described in subsection (c) to take (3) AWARD PERIOD.—A grant, contract, or the geographic area served by the eligible part in a program supported with such funds. cooperative agreement awarded under this entity under this section; (E) Providing access to necessary supplies, section shall be for a period of not more than (B) the recognized postsecondary creden- materials, or technological devices, and re- 4 years, except that the Secretary may ex- tials to be awarded under each program de- quired equipment, and other supports nec- tend such a grant, contract, or agreement for scribed in subparagraph (A); essary to participate in such programs. an additional 2-year period. (C) how each such program will facilitate (3) ADDITIONAL REQUIRED PROGRAM ACTIVI- (4) EQUITABLE DISTRIBUTION.—In awarding cooperation between representatives of TIES.—The funds awarded to an eligible enti- grants under this section, the Secretary workers and employers in the local areas to ty under this section that remain after car- shall ensure, to the extent practicable, the ensure a fair and engaging workplace that rying out paragraph (2) shall be used to— equitable distribution of grants, based on— balances the priorities and well-being of (A) create, develop, or expand articulation (A) geography (such as urban and rural dis- workers with the needs of businesses; agreements (as defined in section 486A(a) of tribution); and (D) the extent to which each such program the Higher Education Act of 1965 (20 U.S.C. (B) States and local areas significantly im- aligns with a statewide or regional work- 1093a(a))), credit transfer agreements, poli- pacted by the COVID–19 national emergency. force development strategy, including such cies to award credit for prior learning, coreq- (c) PRIORITY.—In awarding funds under this strategies established under section 102(b)(1) uisite remediation, dual or concurrent en- section, the Secretary shall give priority to of the Workforce Innovation and Oppor- rollment programs, career pathways, and eligible entities that will use such funds to tunity Act (29 U.S.C. 3112(b)(1)); and competency-based education;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7729 (B) establish or expand industry or sector CHAPTER 7—SENIOR COMMUNITY of the Department of Labor to oversee the partnerships to develop or expand academic SERVICE EMPLOYMENT PROGRAM administration and distribution of funds programs and curricula; SEC. 3171. APPROPRIATIONS. under this subtitle. (C) establish or expand work-based learn- There is appropriated to the Secretary, out (d) AUTHORIZATION OF APPROPRIATIONS.— ing opportunities, including apprenticeship of any money in the Treasury not otherwise There is authorized to be appropriated programs or paid internships; appropriated, $140,000,000 to carry out title V $90,000,000 to carry out this section for fiscal (D) establish or implement plans for pro- of the Older Americans Act of 1965 (42 U.S.C. year 2021, to remain available through fiscal grams supported with funds under this sec- 3056 et seq.), for each of fiscal years 2021 year 2025. tion to be included on the eligible training through 2025. Subtitle B—Carl D. Perkins Career and provider, as described under section 122(d) of CHAPTER 8—GENERAL PROVISIONS Technical Education Act of 2006 the Workforce Innovation and Opportunity SEC. 3176. GENERAL PROVISIONS. SEC. 3201. DEFINITIONS AND PERKINS CTE RE- Act (29 U.S.C. 3152(d)); (a) SUPPLEMENT, NOT SUPPLANT.—Any Fed- QUIREMENTS. (E) award academic credit or provide for eral funds provided under this subtitle shall (a) PERKINS CTE DEFINITIONS AND REQUIRE- academic alignment towards credit path- be used only to supplement and not supplant MENTS.—Except as otherwise provided, in ways for programs assisted with such funds, the funds that would, in the absence of such this subtitle— including industry recognized credentials, Federal funds, be made available from State (1) the terms have the meanings given the competency-based education, or work-based or local public funds for adult education and terms in section 3 of the Carl D. Perkins Ca- learning; literacy activities, employment and training reer and Technical Education Act of 2006 (20 (F) make available open, searchable, and activities, or other activities carried out U.S.C. 2302); and comparable information on the recognized under the Workforce Innovation and Oppor- (2) an allotment, allocation, or other provi- postsecondary credentials awarded under tunity Act (29 U.S.C. 3101 et seq.). sion of funds made under this subtitle in ac- such programs, including the related skills (b) EVALUATIONS.—Any activity or program cordance with a provision of the Carl D. Per- or competencies, related employment, and carried out with funds provided under this kins Career and Technical Education Act of earnings outcomes; or subtitle shall be subject to the following: 2006 (20 U.S.C. 2301 et seq.) shall be made in (G) acquiring equipment necessary to sup- (1) Measurement with performance ac- compliance with the applicable requirements port activities permitted under this section. countability indicators in accordance with of such Act (20 U.S.C. 2301 et seq.). (b) OTHER DEFINITIONS.—In this subtitle: (f) SECRETARIAL RESERVATIONS.—Not more section 116(b)(2)(A) of the Workforce Innova- tion and Opportunity Act (29 U.S.C. (1) CORONAVIRUS.—The term ‘‘coronavirus’’ than 5 percent of the funds appropriated for 3141(b)(2)(A)) or as provided as follows: means coronavirus as defined in section 506 a fiscal year may be used by the Secretary (A) With respect to an activity or program of the Coronavirus Preparedness and Re- for— carried out under section 3131, the measure- sponse Supplemental Appropriations Act, (1) the administration of the program ment with performance accountability indi- 2020 (Public Law 116–123). under this section, including providing tech- cators shall be in accordance with section (2) COVID–19 NATIONAL EMERGENCY.—The nical assistance to eligible entities; 116(b)(2)(A)(ii) of the Workforce Innovation term ‘‘COVID–19 national emergency’’ means (2) targeted outreach to eligible institu- and Opportunity Act (29 U.S.C. the national emergency declared by the tions serving a high number or high percent- 3141(b)(2)(A)(ii)). President under the National Emergencies age of low-income populations, and rural (B) With respect to an activity or program Act (50 U.S.C. 1601 et seq.) on March 13, 2020, serving eligible institutions to provide guid- carried out under section 3143, the measure- with respect to the coronavirus. ance and assistance in the grant application ment with performance accountability indi- SEC. 3202. COVID–19 CAREER AND TECHNICAL process under this section; and cators shall be in accordance with section EDUCATION RESPONSE FLEXI- (3) a rigorous, third-party evaluation that 116(b)(2)(A)(ii) of the Workforce Innovation BILITY. uses experimental or quasi-experimental de- and Opportunity Act (29 U.S.C. (a) POOLING OF FUNDS.—An eligible recipi- sign or other research methodologies that 3141(b)(2)(A)(ii)). ent may, in accordance with section 135(c) of allow for the strongest possible causal infer- (2) Rigorous evaluation using research ap- the Carl D. Perkins Career and Technical ences to determine whether each eligible en- proaches appropriate to the level of develop- Education Act of 2006 (20 U.S.C. 2355(c)), pool tity carrying out a program supported under ment and maturity of the activity or pro- a portion of funds received under such Act this section has met the goals of such pro- gram, which evaluation may include random with a portion of funds received under such gram as described in the application sub- assignment or quasi-experimental impact Act available to one or more eligible recipi- mitted by eligible entity, including through evaluations, implementation evaluations, ents to support the transition from sec- a national assessment of all such programs pre-experimental studies, and feasibility ondary education to postsecondary edu- at the conclusion of each 4-year grant period. studies, including studies of job quality cation or employment for CTE participants (g) REPORTS AND DISSEMINATION.— measures and credential transparency. whose academic year was interrupted by the (1) REPORTS.—Each eligible entity receiv- (c) USES OF FUNDS.—From the funds appro- COVID–19 national emergency. ing funds under this section shall report to priated under subsection (d), the Secretary (b) PROFESSIONAL DEVELOPMENT.—During the Secretary annually on— of Labor shall— the COVID–19 national emergency, section (A) a description of the programs sup- (1) support the administration of the funds 3(40)(B) of the Carl D. Perkins Career and ported with such funds, including activities under this subtitle and evaluation of activi- Technical Education Act of 2006 (20 U.S.C. carried out directly by the eligible entity ties and programs described in subsection 2302(40)(B)) shall apply as if ‘‘sustained (not and activities carried out by each partner of (b), including by providing guidance and stand-alone, 1-day, or short-term work- the eligible entity described in subsection technical assistance to States and local shops), intensive, collaborative, job-embed- (d)(1); areas; ded, data-driven, and classroom-focused,’’ (B) data on the population served with the (2) establish an interagency agreement were struck. funds and labor market outcomes of popu- with the Secretary of Education for— SEC. 3203. PERKINS CAREER AND TECHNICAL lations served by the funds; (A) coordination of funding priorities, with EDUCATION. (C) resources leveraged by the eligible enti- other relevant Federal agencies, as applica- (a) DISTRIBUTION OF FUNDS.— ty to support activities under this section; ble; (1) STATES.—From the amounts appro- and (B) dissemination and administration of priated under subsection (c), the Secretary (D) the performance of each such program grants and funding under this subtitle; and shall make allotments to eligible agencies in with respect to the indicators of performance (C) execution of research and evaluation accordance with section 111(a)(3) of the Carl under section 116(b)(2)(A)(i) of the Workforce activities to minimize the duplication of ef- D. Perkins Career and Technical Education Innovation and Opportunity Act (29 U.S.C. forts and job training investments; Act of 2006 (20 U.S.C. 2321(a)(3)). 3141(b)(2)(A)(i)). (3) provide guidance to States and local (2) LOCAL AREAS.— (2) DISSEMINATION.—Each eligible entity areas on how to make, and financial support (A) IN GENERAL.—Not later than 30 days receiving funds under this section shall— to enable the States and local areas to make, after an eligible agency receives an allot- (A) participate in activities regarding the information on recognized postsecondary ment under paragraph (1), the eligible agen- dissemination of related research, best prac- credentials and related competencies being cy shall make available such funds in ac- tices, and technical assistance; and awarded for activities carried out with funds cordance with section 112(a) of the Carl D. (B) to the extent practicable, and as deter- under this subtitle publicly available, Perkins Career and Technical Education Act mined by the Secretary, make available to searchable, and comparable as linked open of 2006 (20 U.S.C. 2322(a)), including making the public any materials created under the data; such funds available for distribution to eligi- grant. (4) not later than 30 days after the date of ble recipients in accordance with sections 131 enactment of this Act, issue guidance for im- and 132 of such Act. (h) AUTHORIZATION OF APPROPRIATIONS.— plementing this subtitle in accordance with (B) RESERVED FUNDS.—An eligible agency There is authorized to be appropriated to the Workforce Innovation and Opportunity that reserves funds in accordance with sec- carry out this section $2,000,000,000 for fiscal Act (29 U.S.C. 3101 et seq.); and tion 112(a)(1) of the Carl D. Perkins Career year 2021, to remain available through fiscal (5) provide not less than $1,000,000 for each and Technical Education Act of 2006 (20 year 2025. fiscal year for the Office of Inspector General U.S.C. 2322(a)) to be used in accordance with

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7730 CONGRESSIONAL RECORD — SENATE December 18, 2020 section 112(c) of such Act, may also use such (C) execution of research and evaluation conduct engaged in during or with respect to reserved funds for digital, physical, or tech- activities to minimize the duplication of ef- the applicable period. nology infrastructure related projects to im- forts and job training investments and facili- (b) APPLICATION TO PROGRAM ENFORCEMENT prove career and technical education offer- tate greater blending and braiding of Federal PROVISIONS.— ings within the State. and non-Federal funds; (1) WAIVER OF CERTAIN PENALTIES.—The (b) USES OF FUNDS.—Each eligible agency (3) not later than 30 days after the date of Secretary shall not impose a penalty against and eligible recipient shall use the funds re- enactment of this Act, issue guidance for im- a State or Indian tribe under paragraph (3), ceived under this section to carry out activi- plementing this subtitle in accordance with (5), (8), (9), (14), or (15) of section 409(a) of ties improving or expanding career and tech- the Carl D. Perkins Career and Technical such Act (42 U.S.C. 609(a)) with respect to nical education programs and programs of Education Act of 2006 (20 U.S.C. 2301 et seq.); any violation of a requirement described in study to adequately respond to State and and such a paragraph that occurs during or with local needs as a result of the COVID–19 na- (4) provide not less than $250,000 for each respect to the applicable period. tional emergency, including— fiscal year for the Office of Inspector General (2) CORRECTIVE COMPLIANCE PLANS.—If a (1) expanding and modernizing digital, of the Department of Education to oversee State or Indian tribe has a corrective com- physical, or technology infrastructure to de- the administration and distribution of funds pliance plan in effect during or with respect liver in-person, online, virtual, and simu- under this subtitle. to the applicable period that involves a vio- lated educational and work-based learning (d) AUTHORIZATION OF APPROPRIATIONS.— lation for which a penalty specified in para- experiences; There is authorized to be appropriated to graph (1) would be imposed, the Secretary (2) acquiring appropriate equipment, tech- carry out this section $10,000,000 for fiscal shall— nology, supplies, and instructional materials year 2021, to remain available through fiscal (A) disregard the months occurring during aligned with business and industry needs, in- year 2025. the applicable period (and any portion of cluding machinery, testing equipment, tools, Subtitle C—Pandemic TANF Assistance such months) for purposes of determining hardware, software, and other new and whether the State or Indian tribe has not, in emerging instructional materials; SEC. 3301. EMERGENCY FLEXIBILITY FOR STATE AND TRIBAL TANF PROGRAMS. a timely manner, corrected or discontinued, (3) providing incentives to employers and (a) SUSPENSION OF REQUIREMENTS AND PEN- as appropriate, the violation pursuant to the CTE participants facing economic hardships ALTIES RELATING TO THE TIME LIMIT FOR AS- corrective compliance plan accepted by the due to the COVID–19 national emergency to SISTANCE, WORK, AND CERTAIN OTHER RE- Secretary; and participate in work-based learning programs; QUIREMENTS.— (B) consult with the State or Indian tribe (4) expanding or adapting program offer- (1) IN GENERAL.—During the applicable pe- on modifications to the corrective compli- ings or supports based on an updated com- riod— ance plan for how the State will correct or prehensive needs assessment to systemically (A) sections 407(a), 407(e)(1), and discontinue, as appropriate, the violation respond to employers’ and CTE participants’ 408(a)(7)(A) of the Social Security Act (42 and how the State will ensure compliance changing needs as a result of the COVID–19 U.S.C. 607(a), 607(e)(1), 608(a)(7)(A)) shall have with the requirements of part A of title IV of national emergency; or no force or effect; the Social Security Act (42 U.S.C. 601 et seq.) (5) providing for professional development (B) no penalty shall be imposed against an after the applicable period ends. and training activities for career and tech- individual or the individual’s family with re- (c) PENALTY FOR NONCOMPLIANCE.— nical education teachers, faculty, school spect to section 407(e)(1) or 408(b)(3) of such (1) IN GENERAL.—Subject to the succeeding leaders, administrators, specialized instruc- Act (42 U.S.C. 607(e)(1), 608(b)(3)); provisions of this subsection, if the Sec- tional support personnel, career guidance (C) a State shall not deny, reduce, or ter- retary finds that during or with respect to and academic counselors, and paraprofes- minate assistance to a family because an in- the period that begins on the date of enact- sionals to support activities carried out dividual does not comply with such section ment of this section and ends on the date under this section. 407(e)(1) or does not otherwise engage in specified in section 106(3) of division A of the (c) AUTHORIZATION OF APPROPRIATIONS.— Continuing Appropriations Act, 2021, and There is authorized to be appropriated to work required by the State; Other Extensions Act, a State or an Indian carry out this section $1,000,000,000 for fiscal (D) a State shall not deny, reduce, or ter- tribe has imposed a penalty waived under year 2021, to remain available through fiscal minate assistance to an individual or the in- subsection (a), including denying, reducing, year 2023. dividual’s family with respect to a failure to cooperate with completing the assessment terminating, or conditioning assistance SEC. 3204. GENERAL PROVISIONS. under a program funded under part A of title (a) SUPPLEMENT, NOT SUPPLANT.—Any Fed- required under section 408(b)(1) of such Act IV of the Social Security Act or any program eral funds provided under this subtitle shall (42 U.S.C. 608(b)(1)); funded with qualified State expenditures (as be used only to supplement the funds that (E) a State may defer a required assess- defined in section 409(a)(7)(B)(i) of such Act would, in the absence of such Federal funds, ment of the employability of an individual (42 U.S.C. 609(a)(7)(B)(i)), the Secretary shall be made available from non-Federal sources under section 408(b) of such Act (42 U.S.C. reduce the grant payable to the State under for career and technical education programs 608(b)) to 90 days following the end of the ap- or other activities carried out under the Carl plicable period; section 403(a)(1) of such Act (42 U.S.C. D. Perkins Career and Technical Education (F) no condition on assistance for an indi- 603(a)(1)) or the grant payable to the tribe Act of 2006 (20 U.S.C. 2301 et seq.), and not to vidual or the individual’s family shall be im- under section 412(a)(1) of such Act (42 U.S.C. supplant such funds. posed in connection with enforcing penalties 612(a)(1)) for fiscal year 2021 by an amount (b) EVALUATIONS.—Any activity or program described in section 409(a)(5) of such Act (42 equal to 5 percent of the State or tribal fam- carried out with funds received under this U.S.C. 609(a)(5)); ily assistance grant (as applicable). subtitle shall be subject to— (G) no penalty shall be imposed against an (2) PENALTY BASED ON SEVERITY OF FAIL- (1) performance accountability indicators individual or the individual’s family with re- URE.—The Secretary shall impose reductions in accordance with section 113 of the Carl D. spect to section 408(a)(2) of such Act (42 under paragraph (1) with respect to fiscal Perkins Career and Technical Education Act U.S.C. 608(a)(2)); and year 2021 based on the degree of noncompli- of 2006 (20 U.S.C. 2323); and (H) paragraphs (3), (5), (8), (9), (14), and (15) ance. (2) rigorous evaluation using research ap- of section 409(a) of such Act (42 U.S.C. 609(a)) (3) APPLICATION OF AGGREGATE PENALTY proaches appropriate to the level of develop- shall not apply with respect to any violation LIMIT.—For purposes of section 409(d) of the ment and maturity of the activity or pro- of a requirement described in such a para- Social Security Act (42 U.S.C. 609(d)), para- gram, including random assignment or graph that occurs during or with respect to graph (1) of this subsection shall be consid- quasi-experimental impact evaluations, im- the applicable period. ered to be included in section 409(a) of such plementation evaluations, pre-experimental (2) TRIBAL PROGRAMS.—During the applica- Act. studies, and feasibility studies, including ble period— (d) DEFINITIONS.—In this section: studying job quality measures and credential (A) the minimum work participation re- (1) APPLICABLE PERIOD.—The term ‘‘appli- transparency. quirements and time limits established cable period’’ means the period that begins (c) USES OF FUNDS.—From the funds appro- under section 412(c) of the Social Security on October 1, 2019, and ends on the date spec- priated under subsection (d), the Secretary Act (42 U.S.C. 612(c)) shall have no force or ified in section 106(3) of division A of the shall— effect; Continuing Appropriations Act, 2021, and (1) support the administration of the funds (B) no penalty shall be imposed against an Other Extensions Act. for this subtitle and evaluation of such ac- individual or the individual’s family with re- (2) OTHER TERMS.—Each other term has the tivities described in subsection (b); spect to a violation of such requirements or meaning given the term for purposes of part (2) establish an interagency agreement limits; A of title IV of the Social Security Act (42 with the Secretary of Labor for— (C) no condition on assistance for an indi- U.S.C. 601 et seq.). (A) coordinating funding priorities, includ- vidual or the individual’s family shall be im- SEC. 3302. CORONAVIRUS EMERGENCY ASSIST- ing with other relevant Federal agencies, in- posed in connection with enforcing penalties ANCE GRANTS FOR LOW-INCOME cluding the Department of Health and described in section 409(a)(5) of such Act (42 FAMILIES. Human Services; U.S.C. 609(a)(5)); and Title VI of the Social Security Act (42 (B) dissemination and administration of (D) the penalties established under such U.S.C. 801 et seq.) is amended by adding at grants and funding under this subtitle; and section 412(c) shall not apply with respect to the end the following:

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7731 ‘‘SEC. 602. CORONAVIRUS EMERGENCY ASSIST- need to prevent the spread or reoccurrence of submit a report to the Secretary on how the ANCE GRANTS FOR LOW-INCOME coronavirus). State used the grant funds received by the FAMILIES. ‘‘(2) NONDISPLACEMENT.—An emergency State in such form and manner, and con- ‘‘(a) IN GENERAL.—Subject to the suc- grant State receiving a grant under this sec- taining such information, as the Secretary ceeding provisions of this section, each tion shall not use the grant funds to— shall require. emergency grant State shall be entitled to ‘‘(A) displace or replace an employee, posi- ‘‘(2) REPORT TO CONGRESS.—Not later than receive from the Secretary a grant pursuant tion, or volunteer, or to partially displace or September 30, 2022, the Secretary shall sub- to this section for fiscal year 2021 in the replace an employee, position or volunteer, mit a report to Congress on the grants made amount determined for the State under sub- such as through a reduction in hours, wages, under this section based on the reports sub- section (b). or employment benefits; mitted under paragraph (1). ‘‘(b) AMOUNT OF GRANTS.— ‘‘(B) displace or replace an employee par- ‘‘(f) MISCELLANEOUS.— ‘‘(1) IN GENERAL.—Subject to paragraphs ticipating in a strike, collective bargaining ‘‘(1) EXPEDITED IMPLEMENTATION.—The Sec- (2), (3), and (4), the amount of the grant for or union activities, or union organizing; or retary shall implement this section as quick- an emergency grant State for the period de- ‘‘(C) displace or replace an employee who ly as reasonably possible, pursuant to the scribed in subsection (a) shall be the amount was furloughed or unable to work due to the issuance of appropriate guidance to States. equal to the product of— public health emergency with respect to the ‘‘(2) TIMELY DISTRIBUTION OF GRANTS.— ‘‘(A) the amount appropriated in paragraph Coronavirus Disease 2019 (COVID-19) (includ- ‘‘(A) INITIAL PAYMENTS.—Not later than 30 (1) of subsection (h) that remains after the ing due to illness, measures taken to avoid days after the date of enactment of this sec- application of paragraph (2) of that sub- infection, or needing to provide care for an- tion, the Secretary shall pay each State that section; and other individual). is an emergency grant State as of such date, ‘‘(B) the quotient of— ‘‘(3) NONDISCRIMINATION.—An emergency the grant payable to such State for the 1st ‘‘(i) the number of individuals in families grant State receiving a grant under this sec- quarter of fiscal year 2021. with income below the poverty line in the tion shall not employ any policies or prac- ‘‘(B) SUBSEQUENT PAYMENTS.—The Sec- State in the most recent year for which data tices that have the effect of making any eli- retary shall continue to make payments not are available from the Bureau of the Census; gible family less likely to receive assistance later than the first day of each quarter to and by reason of race, sex, religious creed, na- emergency grant States under this section ‘‘(ii) the number of individuals in families tional origin, or political affiliation. for the 2d, 3rd, and 4th quarters of fiscal year with income below the poverty line in all ‘‘(4) PROTECTING OTHER BENEFITS.—For pur- 2021. States (other than States specified in sub- poses of any Federal, State, or local law, in- ‘‘(3) MISUSE OF FUNDS.— section (h)(2)(A)) in such year. cluding those for purposes of public assist- ‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(2) OTHER STATES.—The amount of the ance programs and taxation, any benefit pro- mines that an emergency grant State has grant for an emergency grant State specified vided under paragraph (1)(A) for an eligible used grant funds received by the State in in subsection (h)(2)(A) shall be based on such family shall be treated as short-term, non- violation of the requirements of this section, poverty data as the Secretary determines ap- cash, in-kind emergency disaster relief with- the State shall remit to the Secretary an propriate. out regard to the form in which the benefit amount equal to the amount so used. ‘‘(3) REDISTRIBUTION OF UNUSED FUNDS.— is provided and shall be disregarded from in- ‘‘(B) APPLICATION OF APPEAL PROCEDURES.— The Secretary shall redistribute, under a come. Section 410 shall apply to a determination by procedure and methodology the Secretary ‘‘(d) STATE LETTER OF INTENT.— the Secretary under subparagraph (A) in the determines appropriate, funds available for ‘‘(1) IN GENERAL.—In order to receive a pay- same manner as such section applies to an payments to emergency grant States under ment for a fiscal year quarter from the grant imposition of a penalty under section 409. this section for which, as of July 30, 2021, determined for an emergency grant State ‘‘(g) DEFINITIONS.—In this section: States have not applied to be paid to other under this section, a State shall submit a ‘‘(1) ELIGIBLE FAMILIES.—The term ‘eligible emergency grant States that apply for pay- letter of intent to the Secretary, not later family’ means a family (including a family ment from such funds. than 30 days before the first day of each such of one)— ‘‘(4) INCLUSION OF FAMILIES OF 1.—For pur- quarter (or, in the case of a quarter that has ‘‘(A) whose monthly income, as of the date poses of paragraphs (1), (2), and (3), in deter- started or will start within 30 days of the on which the family applies for emergency mining the number of individuals in families date of enactment of this section, a State disaster relief or subsidized employment, with income below the poverty line in a shall submit a letter of intent to the Sec- does not exceed 200 percent of the poverty State, the Secretary shall take household retary not later than 15 days after such date line applicable to a family of the size in- composition into account and shall treat a of enactment in order to receive an emer- volved (as determined under section 673(2) of single individual as a family of 1, without re- gency grant for that quarter) that— the Community Services Block Grant Act (42 gard to whether the household of the indi- ‘‘(A) specifies the amount of funds re- U.S.C. 9902(2)); and vidual is composed of more than 1 family. quested by the State for a quarter; ‘‘(B) that has been adversely affected by ‘‘(c) USE OF FUNDS.— ‘‘(B) describes how the State will use the the public health emergency with respect to ‘‘(1) IN GENERAL.—An emergency grant funds to assist eligible families during the the Coronavirus Disease 2019 (COVID-19) (in- State receiving a grant under this section quarter; and cluding due to illness, economic disruption, shall only use the grant funds for the fol- ‘‘(C) describes how funds provided will not measures taken to avoid infection, or need- lowing: supplant any existing expenditures or pro- ing to provide care for another individual). ‘‘(A) To provide short-term cash, non-cash, grams funded or administered by the State. ‘‘(2) EMERGENCY GRANT STATE.—The term or in-kind emergency disaster relief (as ap- ‘‘(2) PUBLIC AVAILABILITY.—The State shall ‘emergency grant State’ means a State that propriate) to— make the letter of intent submitted by the submits a letter of intent containing the in- ‘‘(i) help eligible families address and avoid State under this subsection available to the formation specified in subsection (d)(1) to emergencies with respect to basic needs; public. the Secretary with respect to a fiscal year ‘‘(ii) prevent or remedy household emer- ‘‘(3) NO DELAY OF PAYMENTS; HOLD HARM- quarter by the submission deadline for such gencies of eligible families, such as evic- LESS.— quarter. tions, foreclosures, forfeitures, and termi- ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(3) STATE.—The term ‘State’ has the nations of utility services; and make payments by the applicable deadline meaning given that term in section 419(5) ‘‘(iii) help eligible families address and under subsection (f)(2) to each State that and includes the Commonwealth of the avoid emergencies so that children may be submits a letter of intent for a quarter by Northern Mariana Islands and Indian tribes cared for in their own homes or in the homes the applicable deadline under paragraph (1), as defined in section 419(4). of relatives. without regard to whether the Secretary has ‘‘(h) APPROPRIATION.— ‘‘(B) To ensure the safety and well-being of issued the guidance required under sub- ‘‘(1) IN GENERAL.—Out of any money in the all individuals during the period of a Federal section (f)(1). Treasury of the United States not otherwise or State emergency declaration concerning ‘‘(B) HOLD HARMLESS.—A State that uses appropriated, there are appropriated for fis- Coronavirus Disease 2019 (COVID-19), by pro- funds paid to the State for any quarter oc- cal year 2021, $10,000,000,000 for grants under viding subsidized jobs for individuals who are curring prior to the issuance of the guidance this section, to remain available until ex- members of eligible families that can be per- required under subsection (f)(1) consistent pended. formed remotely or are deemed essential with the letter of intent submitted by the ‘‘(2) RESERVATION OF FUNDS.— (with individuals provided proper personal State for the quarter and the State’s good ‘‘(A) CERTAIN TERRITORIES.—The Secretary protective equipment and complying with faith interpretation of the requirements of shall reserve 5 percent of the amount appro- Federal and State social distancing guide- this section, shall not be penalized under priated under paragraph (1) for grants to lines). subsection (f)(3) or in any other manner if, Guam, American Samoa, the United States ‘‘(C) To provide subsidized employment for after such guidance is issued, the Secretary Virgin Islands, the Commonwealth of the individuals who are members of eligible fam- determines the State did not use the funds Northern Mariana Islands, and Indian tribes ilies after the period of a Federal or State consistent with such guidance. (as defined in section 419(4)). emergency declaration concerning ‘‘(e) REPORTS.— ‘‘(B) TECHNICAL ASSISTANCE.—The Sec- Coronavirus Disease 2019 (COVID-19) ends ‘‘(1) STATE REPORTS.— Not later than Janu- retary shall reserve $500,000 of the amount (when safe to do so, taking into account the ary 1, 2022, each emergency grant State shall appropriated under paragraph (1) to provide

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7732 CONGRESSIONAL RECORD — SENATE December 18, 2020 technical assistance to States and Indian Abuse Prevention and Treatment Act (42 tion 403(a)(2) of such Act (42 U.S.C. 603(a)(2)) tribes with respect to the emergency grants U.S.C. 5116d(4)), a State shall not be required is further amended— made under this section.’’. to provide any additional funding for the (1) in subparagraph (A)— Subtitle D—Preventing Child Abuse and program under title II of the Child Abuse (A) in clause (i), by inserting ‘‘territories,’’ Neglect Prevention and Treatment Act (42 U.S.C. after ‘‘States,’’; and 5116 et seq.) as a condition for receiving an SEC. 3401. CAPTA INVESTMENTS. (B) by adding at the end the following: allocation under paragraph (2). (a) APPROPRIATIONS.— ‘‘(iv) ELIGIBLE ENTITIES.—States, terri- (c) IN GENERAL.—Any amount appropriated (1) IN GENERAL.—There is appropriated to tories, Indian tribes and tribal organizations, or made available under this section is in ad- public or private entities, and nonprofit the Secretary of Health and Human Services dition to other amounts appropriated or (referred to in this section as the ‘‘Sec- community entities, including religious or- made available for the applicable purpose, ganizations, are eligible to be awarded funds retary’’), out of amounts in the Treasury not and shall remain available until expended. otherwise appropriated, $500,000,000 for fiscal made available under this paragraph for the year 2021, for the purpose of providing addi- Subtitle E—Modernizing Child Support purpose of carrying out healthy marriage tional funding for the State grant program SEC. 3501. SHORT TITLE; DEFINITION. promotion activities, for the purpose of car- under section 106 of the Child Abuse Preven- (a) SHORT TITLE.—This subtitle may be rying out activities promoting responsible tion and Treatment Act (42 U.S.C. 5106a). cited as the ‘‘Strengthening Families for fatherhood, or for both such purposes. (2) ALLOTMENTS.—The Secretary shall Success Act of 2020’’. ‘‘(v) TERRITORY DEFINED.—For purposes of ECRETARY DEFINED.—In this subtitle, make allotments out of the amounts appro- (b) S awarding funds under this paragraph, the the term ‘‘Secretary’’ means the Secretary priated under paragraph (1) to each State term ‘territory’ means the Commonwealth of of Health and Human Services. and territory receiving an allotment under Puerto Rico, the United States Virgin Is- section 106(f) of the Child Abuse Prevention CHAPTER 1—PROMOTING RESPONSIBLE lands, Guam, American Samoa, and the Com- and Treatment Act (42 U.S.C. 5106a(f)) for fis- FATHERHOOD AND STRENGTHENING monwealth of the Northern Mariana Is- cal year 2020, in the same manner that LOW-INCOME FAMILIES lands.’’; and amounts appropriated under section 112 of SEC. 3511. REAUTHORIZATION OF HEALTHY MAR- (2) in subparagraph (C)(i), by striking ‘‘and such Act (42 U.S.C. 5106f)) are allotted to RIAGE PROMOTION AND RESPON- public’’ and inserting ‘‘public or private enti- States in accordance with section 106(f)(2) of SIBLE FATHERHOOD GRANTS. ties,’’. (a) VOLUNTARY PARTICIPATION.— such Act. (c) TERRITORY AND TRIBAL SET-ASIDE; (1) ASSURANCE.—Section 403(a)(2)(A)(ii)(II) (3) CHILDREN, FAMILIES, AND CHILD WELFARE of the Social Security Act (42 U.S.C. ELIMINATION OF PREFERENCE PROVISION.— WORKERS’ HEALTH AND SAFETY.—The Sec- 603(a)(2)(A)(ii)(II)) is amended— Section 403(a)(2)(E) of such Act (42 U.S.C. retary shall allow each State to use amounts (A) in item (aa), by striking ‘‘and’’ after 603(a)(2)(E)) is amended to read as follows: appropriated under paragraph (1) and allo- the semicolon; ‘‘(E) FUNDING FOR TERRITORIES AND INDIAN cated under paragraph (2) to cover costs that (B) in item (bb), by striking the period and TRIBES AND TRIBAL ORGANIZATIONS.— the State determines necessary to support inserting a semicolon; and ‘‘(i) IN GENERAL.—Of the amounts made child welfare workers in preventing, inves- (C) by adding at the end the following: available under subparagraph (D) for a fiscal tigating, and treating child abuse and ne- ‘‘(cc) if the entity is a State or an Indian year, not less than 10 of the awards made by glect in response to a qualifying emergency, tribe or tribal organization, to not condition the Secretary of such funds for fiscal year including for the purchase of personal pro- the receipt of assistance under the program 2021 or any fiscal year thereafter for the pur- tective equipment and sanitation supplies, funded under this part, under a program pose of carrying out healthy marriage pro- consistent with section 106 of the Child funded with qualified State expenditures (as motion activities, activities promoting re- Abuse Prevention and Treatment Act (42 defined in section 409(a)(7)(B)(i)), or under a sponsible fatherhood, or both, (excluding any U.S.C. 5106a). program funded under part B or E of this award under subparagraph (B)(i) for any fis- (b) CHILD ABUSE PREVENTION APPROPRIA- title, on enrollment or participation in any cal year), shall be made to a territory or an TION.— such programs; and Indian tribe or tribal organization. (1) IN GENERAL.—There is appropriated to ‘‘(dd) to permit any participant in a pro- ‘‘(ii) CLARIFICATION OF ELIGIBILITY OF TRIB- the Secretary, out of amounts in the Treas- gram or activity funded under this para- AL CONSORTIUMS.—A tribal consortium of In- ury not otherwise appropriated, $1,000,000,000 graph, including an individual whose partici- dian tribes or tribal organizations may be for fiscal year 2020, for the purpose of pro- pation is specified in the individual responsi- awarded funds under this paragraph for the viding additional funding for the commu- bility plan developed for the individual in ac- purpose of carrying out healthy marriage nity-based grants for the prevention of child cordance with section 408(b), to transfer to promotion activities, activities promoting abuse and neglect under title II of the Child another such program or activity upon noti- responsible fatherhood, or both.’’. Abuse Prevention and Treatment Act (42 fication to the entity and the State agency U.S.C. 5116 et seq.). (d) ACTIVITIES PROMOTING RESPONSIBLE FA- responsible for administering the State pro- THERHOOD.—Section 403(a)(2)(C)(ii) of such (2) ALLOTMENTS.—The Secretary shall gram funded under this part.’’. make allotments out of the amounts appro- Act (42 U.S.C. 603(a)(2)(C)(ii)) is amended— (2) PROHIBITION.—Section 408(a) of such Act (1) in subclause (I), by striking ‘‘marriage priated under paragraph (1) to each State re- (42 U.S.C. 608(a)) is amended by adding at the ceiving an allotment under section 203 of the or sustain marriage’’ and inserting ‘‘healthy end the following: relationships and marriages or to sustain Child Abuse Prevention and Treatment Act ‘‘(13) BAN ON CONDITIONING RECEIPT OF TANF (42 U.S.C. 5116b) for fiscal year 2020, in the healthy relationships or marriages’’; OR CERTAIN OTHER BENEFITS ON PARTICIPATION (2) in subclause (II), by inserting ‘‘edu- same manner that amounts appropriated IN A HEALTHY MARRIAGE OR RESPONSIBLE FA- under section 209 of such Act (42 U.S.C. 5116i) cating youth who are not yet parents about THERHOOD PROGRAM.—A State to which a the economic, social, and family con- are allotted to States in accordance with grant is made under section 403 shall not section 203 of such Act, except that, in allot- sequences of early parenting, helping partici- condition the receipt of assistance under the pants in fatherhood programs work with ting amounts under this subsection— State program funded under this part, under their own children to break the cycle of (A) in subsection (a) of such section 203, ‘‘1 a program funded with qualified State ex- early parenthood,’’ after ‘‘child support pay- percent’’ shall be deemed to be ‘‘5 percent’’; penditures (as defined in section ments,’’; and (B) in subsection (b)(1)(A) of such section 409(a)(7)(B)(i)), or under a program funded (3) in subclause (III)— 203, ‘‘70 percent’’ shall be deemed to be ‘‘100 under part B or E of this title, on participa- (A) by striking ‘‘fathers’’ and inserting percent’’; and tion in a healthy marriage promotion activ- ‘‘parents (with priority for low-income non- (C) subsections (b)(1)(B) and (c) of such sec- ity (as defined in section 403(a)(2)(A)(iii)) or custodial parents)’’; and tion 203 shall not apply. in an activity promoting responsible father- (B) by inserting ‘‘employment training for (3) COMMUNITY-BASED PROGRAMS AND AC- hood (as defined in section 403(a)(2)(C)(ii)).’’. both parents and for other family members,’’ TIVITIES HEALTH AND SAFETY.—The Secretary (3) PENALTY.—Section 409(a) of such Act (42 after ‘‘referrals to local employment train- shall allow each State lead entity to use U.S.C. 609(a)) is amended by adding at the ing initiatives,’’. amounts appropriated under paragraph (1) end the following: and allocated to the State under paragraph ‘‘(17) PENALTY FOR CONDITIONING RECEIPT OF (e) ENSURING HEALTHY MARRIAGE PRO- (2) to cover costs that the lead entity deter- TANF OR CERTAIN OTHER BENEFITS ON PARTICI- MOTION AND RESPONSIBLE FATHERHOOD AC- mines necessary to maintain the operation PATION IN A HEALTHY MARRIAGE OR RESPON- TIVITIES CAN BE OFFERED DURING PUBLIC of community-based and prevention-focused SIBLE FATHERHOOD PROGRAM.—If the Sec- HEALTH EMERGENCIES.— programs and activities in the State in re- retary determines that a State has violated (1) IN GENERAL.—Section 403(a)(2)(A)(ii)(I) sponse to a qualifying emergency, including section 408(a)(13) during a fiscal year, the of such Act (42 U.S.C. 603(a)(2)(A)(ii)(I)) is for the purchase of personal protective Secretary shall reduce the grant payable to amended— equipment and sanitation supplies, con- the State under section 403(a)(1) for the im- (A) in each of items (aa) and (bb), by strik- sistent with title II of Child Abuse Preven- mediately succeeding fiscal year by an ing ‘‘and’’ after the semicolon; and tion and Treatment Act (42 U.S.C. 5116 et amount equal to 5 percent of the State fam- (B) by adding at the end the following: seq.). ily assistance grant.’’. ‘‘(cc) how, and the extent to which, funds (4) NO STATE MATCHING REQUIREMENT.—Not- (b) ALIGNMENT OF ENTITIES ELIGIBLE FOR awarded will be used by the entity for tech- withstanding section 204(4) of the Child GRANTS AND TECHNICAL ASSISTANCE.—Sec- nology and access to broadband in order to

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7733 carry out healthy marriage promotion ac- comes for eligible families. The Secretary ‘‘(VII) Reduction in crime or domestic vio- tivities, activities promoting responsible fa- may provide the technical assistance di- lence. therhood, or both, remotely during a public rectly or through grants, contracts, or coop- ‘‘(VIII) Prevention of child injuries, child health emergency; and erative agreements. abuse, neglect, or maltreatment, and reduc- ‘‘(dd) how the entity will sustain con- ‘‘(III) ADVISORY PANEL.—The Secretary tion of emergency department visits. tinuity of critical services, specifying the shall establish an advisory panel for pur- ‘‘(IX) Coordination and referrals for other scope of the critical services to be main- poses of obtaining recommendations regard- community resources and supports.’’. tained, and the ability of the entity to be ing the technical assistance provided to enti- (g) AUTHORITY FOR SUBSTITUTION GRANT- able to resume providing such services with- ties in accordance with subclause (II). EES.—Section 403(a)(2)(A) of such Act (42 in 3 weeks of the beginning of a public health ‘‘(IV) FINAL REPORT.—Not later than De- U.S.C. 603(a)(2)(A)), as amended by sub- emergency or other incident that com- cember 31 of the first calendar year that be- sections (b)(1), (e)(2), and (f)(2), is further promises the ability of the entity to deliver gins after October 1 of the 5th consecutive amended— such services in-person, by telephone, or vir- fiscal year for which an eligible entity con- (1) in clause (ii), in the matter preceding tually; and’’. ducts programs or activities with funds made subclause (I), by striking ‘‘The Secretary’’ (2) PUBLIC HEALTH EMERGENCY DEFINED.— available under this paragraph, and every and inserting ‘‘Except as provided in clause Section 403(a)(2)(A) of such Act (42 U.S.C. 5th such fiscal year thereafter (beginning 603(a)(2)(A)) is further amended— (viii), the Secretary’’; and with funds awarded for fiscal year 2021), the (2) by adding at the end the following: (A) by redesignating clauses (iv) and (v) (as eligible entity shall submit a report to the added by subsection (b)(1)) as clauses (v) and ‘‘(viii) AUTHORITY FOR SUBSTITUTE ENTI- Secretary demonstrating the extent to which (vi), respectively; and TIES.—If, after being awarded funds under the programs and activities carried out with (B) by inserting after clause (iii) the fol- this paragraph for a fiscal year for the pur- such funds made quantifiable, measurable lowing: pose of carrying out healthy marriage pro- improvements in the areas identified in the ‘‘(iv) PUBLIC HEALTH EMERGENCY DEFINED.— motion activities, activities promoting re- entity’s application for funding for such 5 In clause (ii), the term ‘public health emer- sponsible fatherhood, or both, an entity be- fiscal years. gency’ means— comes unable to continue to carry out such ‘‘(V) REPORT TO CONGRESS.—Not later than ‘‘(I) a national or public health emergency activities for the duration of the award pe- declared by the President or the Secretary, March 31, 2026, and annually thereafter, the riod, the Secretary may select another enti- including— Secretary shall submit a report to the Com- ty to carry out such activities with the funds ‘‘(aa) a major disaster relating to public mittee on Ways and Means of the House of from the initial award that remain available health declared by the President under sec- Representatives and the Committee on Fi- for obligation, for the remainder of the ini- tion 401 of the Robert T. Stafford Disaster nance of the Senate on the programs and ac- tial award period. The Secretary shall make Relief and Emergency Assistance Act (42 tivities carried out with funds made avail- any such selection from among applications U.S.C. 5170); able under this paragraph based on the most submitted by other entities for funding to ‘‘(bb) an emergency relating to public recent final reports submitted under sub- carry out the same activities as the activi- health declared by the President under sec- clause (IV). Each report submitted under ties for which the initial award was made, tion 501 of the Robert T. Stafford Disaster this subclause shall identify the programs and may base the criteria for making such a Relief and Emergency Assistance Act (42 and activities carried out with funds made selection on the objectives specified in the U.S.C. 5191); or available under this paragraph which made announcement of the opportunity to apply ‘‘(cc) a public health emergency declared quantifiable, measurable improvements and for the initial award funds.’’. in which outcome areas.’’; and by the Secretary under section 319 of the (h) REAUTHORIZATION.—Section 403(a)(2)(D) (2) by adding at the end the following new Public Health Service Act (42 U.S.C. 247d); or of such Act (42 U.S.C. 603(a)(2)(D)) is amend- subparagraph: ‘‘(II) an emergency relating to public ed to read as follows: ‘‘(F) EVALUATION REQUIREMENTS.— health that has been declared by a Governor ‘‘(D) APPROPRIATION.— ‘‘(i) IN GENERAL.—For purposes of subpara- or other appropriate official of any State, ‘‘(i) IN GENERAL.—Subject to clauses (ii) graph (A)(ii)(III), an evaluation satisfies the the District of Columbia, or commonwealth, and (iii), out of any money in the Treasury requirements of this subparagraph if— territory, or locality of the United States.’’. of the United States not otherwise appro- (f) MEASURING OUTCOMES FOR ELIGIBLE ‘‘(I) the evaluation is designed to— priated, there are appropriated for each of FAMILIES.—Section 403(a)(2) of such Act (42 ‘‘(aa) build evidence of the effectiveness of fiscal years 2021 through and 2025 for expend- U.S.C. 603(a)(2)), as amended by the pre- the activities carried out using each grant iture in accordance with this paragraph— ceding subsections of this section, is further made under this paragraph; ‘‘(I) $75,000,000 for awarding funds for the amended— ‘‘(bb) determine the lessons learned (in- purpose of carrying out healthy marriage (1) in subparagraph (A)— cluding barriers to success) from such activi- promotion activities; and (A) in clause (ii)— ties; and ‘‘(II) $75,000,000 for awarding funds for the (i) in subclause (I)(dd), by striking ‘‘and’’ ‘‘(cc) to the extent practicable, help build purpose of carrying out activities promoting after the semicolon; local evaluation capacity, including the ca- responsible fatherhood. (ii) in subclause (II)— pacity to use evaluation data to inform con- ‘‘(ii) DEMONSTRATION PROJECTS FOR COORDI- (I) in item (cc), by striking ‘‘and’’ after the tinuous program improvement; and NATION OF PROVISION OF CHILD WELFARE AND semicolon; ‘‘(II) the evaluation includes research de- TANF SERVICES TO TRIBAL FAMILIES AT RISK OF (II) in item (dd), by striking the period at signs that encourage innovation and reflect CHILD ABUSE OR NEGLECT.—If the Secretary the end and inserting ‘‘; and’’; and the nature of the activities undertaken, suc- makes an award under subparagraph (B)(i) (III) by adding at the end the following: cessful implementation efforts, and the for any fiscal year, the funds for such award ‘‘(ee) to submit the report required under needs of the communities, without shall be taken in equal portion from the clause (vi); and’’; and prioritizing efficacy research over effective- amounts appropriated under subclauses (I) (iii) by adding at the end the following: ness research. and (II) of clause (i). ‘‘(III) provides, subject to the approval of ‘‘(ii) RANDOMIZED CONTROLLED TRIALS.—An ‘‘(iii) RESEARCH; TECHNICAL ASSISTANCE.— the Secretary, for evaluations of the activi- evaluation conducted in accordance with The Secretary may use 0.5 percent of the ties carried out using each grant made under subparagraph (A)(ii)(III) and this subpara- amounts appropriated under each of sub- this paragraph that satisfy the requirements graph may, but shall not be required to, in- clauses (I) and (II) of clause (i), respectively, of subparagraph (F).’’; and clude a randomized controlled trial. for the purpose of conducting and supporting (B) by adding at the end the following: ‘‘(iii) OUTCOMES.—Outcomes of interest for research and demonstration projects by pub- ‘‘(vii) REQUIREMENTS RELATING TO OUT- an evaluation conducted in accordance with lic or private entities, and providing tech- COMES FOR MEASURING IMPROVEMENTS.— subparagraph (A)(ii)(III) and this subpara- nical assistance to States, Indian tribes and ‘‘(I) REPORT ON IMPROVEMENTS AFTER 3 graph shall include, but are not limited to, tribal organizations, and such other entities YEARS.—Not later than 30 days after the end the following: as the Secretary may specify that are receiv- of the 3rd year in which an eligible entity ‘‘(I) Relationship quality between custo- ing a grant under another provision of this conducts programs or activities with funds dial and non-custodial parents. part.’’. made available under this paragraph, the en- ‘‘(II) Family economic wellbeing, including tity shall submit a report to the Secretary receipt of public benefits and access to em- CHAPTER 2—IMPROVING RESOURCES demonstrating the extent to which the pro- ployment services and education. FOR DOMESTIC VIOLENCE AND FAMILY grams and activities carried out with such ‘‘(III) Payment of child support by non-cus- STRENGTHENING funds made quantifiable, measurable im- todial parents, non-financial contributions, provements in the areas identified in the en- and involvement in child-related activities. SEC. 3521. BEST PRACTICES FOR COORDINATION tity’s application in accordance with clause ‘‘(IV) Parenting skills or parenting qual- OF POLICY TO ADDRESS DOMESTIC (ii)(III). ity. VIOLENCE AND FAMILY ENGAGE- MENT. ‘‘(II) TECHNICAL ASSISTANCE.—The Sec- ‘‘(V) Health and mental health outcomes of retary shall provide technical assistance to parents. The Secretary shall develop a coordinated help the eligible entity develop and imple- ‘‘(VI) Quality and frequency of contact be- policy to address domestic violence and fam- ment ways to evaluate and improve out- tween children and non-custodial parents. ily strengthening that—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7734 CONGRESSIONAL RECORD — SENATE December 18, 2020 (1) establishes criteria and best practices each of fiscal years 2022 through 2025, lence, sexual violence, stalking, or psycho- for coordination and partnership between do- $25,000,000 to carry out this paragraph.’’. logical aggression, by a current or former in- mestic violence shelter and service organiza- SEC. 3523. PROCEDURES TO ADDRESS DOMESTIC timate partner.’’. tions and responsible fatherhood and healthy VIOLENCE. (b) CONFORMING AMENDMENTS.—Section marriage promotion programs; (a) IN GENERAL.—Section 403(a)(2) of the 403(a)(2) of such Act (42 U.S.C. 603(a)(2)), is (2) not later than 120 days after the date of Social Security Act (42 U.S.C. 603(a)(2)), as further amended— enactment of this Act, issue guidance con- amended by subsections (c) and (h) of section (1) in subparagraph (A)(i)— taining such criteria and best practices; and 3511, is amended— (A) by striking ‘‘and (E)’’ and inserting (1) by redesignating subparagraphs (D) and (3) update and reissue such criteria and ‘‘(D), and (G)’’; and (E) as subparagraphs (F) and (G), respec- best practices at least once every 5 years. (B) by striking ‘‘(D)’’ and inserting ‘‘(F)’’; tively; and and SEC. 3522. GRANTS SUPPORTING HEALTHY FAM- (2) by inserting after subparagraph (C) the ILY PARTNERSHIPS FOR DOMESTIC (2) in subparagraphs (B)(i) and (C)(i), by following: VIOLENCE INTERVENTION AND PRE- striking ‘‘(D)’’ each place it appears and in- ‘‘(D) REQUIREMENTS FOR RECEIPT OF VENTION. serting ‘‘(F)’’. FUNDS.—An entity may not be awarded a Section 403(a) of the Social Security Act grant under this paragraph unless the entity, (c) EFFECTIVE DATE.—The amendments (42 U.S.C. 603(a)) is amended by adding at the as a condition of receiving funds under such made by this section shall take effect on Oc- end the following new paragraph: a grant— tober 1, 2021. RANTS SUPPORTING HEALTHY FAMILY ‘‘(6) G ‘‘(i) agrees to coordinate with the State do- PARTNERSHIPS FOR DOMESTIC VIOLENCE INTER- CHAPTER 3—MODERNIZATION OF CHILD mestic violence coalition (as defined in sec- SUPPORT ENFORCEMENT VENTION AND PREVENTION.— tion 302(11) of the Family Violence Preven- ‘‘(A) IN GENERAL.—The Secretary shall tion and Services Act (42 U.S.C. 10402(11)); SEC. 3531. PILOT PROGRAM TO STAY AUTOMATIC award grants on a competitive basis to ‘‘(ii) identifies in its application for the CHILD SUPPORT ENFORCEMENT healthy family partnerships to build capac- grant the domestic violence shelter and serv- AGAINST NON-CUSTODIAL PARENTS ity for, and facilitate such partnerships. ice organization at the local, State, or na- PARTICIPATING IN A HEALTHY MAR- ‘‘(B) USE OF FUNDS.—Funds made available RIAGE OR RESPONSIBLE FATHER- tional level with whom the entity will part- HOOD PROGRAM. under a grant awarded under this paragraph ner with respect to the development and im- may be used for staff training, the provision plementation of the programs and activities (a) ESTABLISHMENT.— of domestic violence intervention and pre- of the entity; (1) IN GENERAL.—The Secretary shall estab- vention services, and the dissemination of ‘‘(iii) describes in such application how the lish a pilot program to test whether the im- best practices for— programs or activities proposed in the appli- pact of staying automatic child support en- ‘‘(i) assessing and providing services to in- cation will address, as appropriate, issues of forcement and cost recovery efforts improves dividuals and families affected by domestic domestic violence, and contains a commit- family outcomes in cases under the State violence, including through caseworker ment by the entity to consult with experts in program funded under part A of title IV of training, the provision of technical assist- domestic violence or relevant domestic vio- the Social Security Act (42 U.S.C. 601 et seq.) ance to other community partners, the im- lence shelter and service organizations in the while a non-custodial parent participates in plementation of safe visitation and exchange community in developing the programs and a healthy marriage or responsible fatherhood programs, and the implementation of safe activities; program carried out under section 403(a)(2) of child support procedures; or ‘‘(iv) describes in such application the the Social Security Act (42 U.S.C. 603(a)(2)), ‘‘(ii) preventing domestic violence, particu- roles and responsibilities of the entity and under a program funded with qualified State larly as a barrier to economic security, and the domestic violence shelter and service or- expenditures (as defined in section fostering healthy relationships. ganization, including with respect to train- 409(a)(7)(B)(i) of such Act (42 U.S.C. ‘‘(C) APPLICATION.—The respective entity ing, cross-trainings for each entity, develop- 609(a)(7)(B)(i))), or under any other program and organization of a healthy family part- ment of protocols using comprehensive and funded with non-Federal funds. While a nership entered into for purposes of receiving evidence-based practices and tools, and re- child’s non-custodial parent is participating a grant under this paragraph shall submit a porting, and the resources that each partner in a healthy marriage or responsible father- joint application to the Secretary, at such will be responsible for bringing to the pro- hood program that is part of the pilot pro- time and in such manner as the Secretary gram; gram established under this section, an eligi- shall specify, containing— ‘‘(v) on award of the grant, and in consulta- ble entity participating in the pilot pro- ‘‘(i) a description of how the partnership tion with the domestic violence shelter and gram— intends to carry out the activities described service organization, develops and submits (A) shall not apply paragraph (3) of section in subparagraph (B), including a detailed to the Secretary for approval, a written pro- 408(a) of the Social Security Act (42 U.S.C. plan for how the entity and organization tocol using comprehensive and evidence- 608(a)) to a family of a child receiving assist- comprising the partnership will collaborate; based practices and tools which describes— ance under the State program funded under ‘‘(ii) an assurance that funds made avail- ‘‘(I) how the entity will identify instances part A of title IV of such Act (42 U.S.C. 601 able under the grant shall be used to supple- or risks of domestic violence among partici- et seq.); ment, and not supplant, other funds used by pants in the program and their families; (B) shall not refer the child’s case to the the entity or organization to carry out pro- ‘‘(II) the procedures for responding to such State program funded under part D of title grams, activities, or services described in instances or risks, including making service IV of the Social Security Act (42 U.S.C. 651 subparagraph (B); and referrals, assisting with safety planning, and et seq.) or apply a penalty against the child’s ‘‘(iii) such other information as the Sec- providing protections and other appropriate family based on the custodial parent’s non- retary may require. assistance for identified individuals and fam- cooperation with child support activities ‘‘(D) GENERAL RULES GOVERNING USE OF ilies; with respect to the child under paragraph (2) FUNDS.—Neither the rules of section 404 ‘‘(III) how confidentiality issues will be ad- of section 408(a) of such Act (42 U.S.C. 608(a)), (other than subsection (b) of that section), dressed; and but shall provide an exception to the custo- nor section 417 shall apply to a grant made ‘‘(IV) the training on domestic violence dial parent pursuant to section 454(29)(A) of under this paragraph. that will be provided to ensure effective and such Act (42 U.S.C. 654(29)(A)); ‘‘(E) DEFINITIONS.—In this paragraph: consistent implementation of the protocol; (C) shall not be subject to penalties under ‘‘(i) DOMESTIC VIOLENCE.—The term ‘domes- ‘‘(vi) describes the entity’s plan to build section 409(a)(5) of such Act (42 U.S.C. tic violence’ means violence between inti- the capacity of program staff and other part- 609(a)(5)); mate partners, which involves any form of ners to address and communicate with par- (D) notwithstanding subparagraph (B), any physical violence, sexual violence, stalking, ents about domestic violence; such individual shall retain the right to or psychological aggression, by a current or ‘‘(vii) provides an assurance that the pro- apply for child support services under sec- former intimate partner. gram staff will include a domestic violence tion 454(4)(A)(ii) of the Social Security Act ‘‘(ii) HEALTHY FAMILY PARTNERSHIP.—The coordinator to serve as the lead staff person (42 U.S.C. 654(4)(A)(ii)) with respect to a child term ‘healthy family partnership’ means a on domestic violence for the entity (which of the individual; partnership between— may be funded with funds made available (E) if the child has an open child support ‘‘(I) an entity receiving funds under— under the grant); and case with the State agency responsible for ‘‘(aa) a grant made under paragraph (2) to ‘‘(viii) in an annual report to the Sec- administering the State plan under part D of promote healthy marriage or responsible fa- retary, includes a description of the domes- title IV of the Social Security Act (42 U.S.C. therhood; or tic violence protocols, and a description of 651 et seq.), such State agency, shall suspend ‘‘(bb) the pilot program established under any implementation issues identified with any activity to establish or enforce a support section 469C; and respect to domestic violence and how the order with respect to the child (other than to ‘‘(II) a domestic violence shelter and serv- issues were addressed. establish the paternity of the child), and ice organization. ‘‘(E) DOMESTIC VIOLENCE DEFINED.—In this monthly child support obligations shall be ‘‘(F) APPROPRIATION.—Out of any money in paragraph, the term ‘domestic violence’ suspended and shall not accrue, but only if the Treasury of the United States not other- means violence between intimate partners, both parents of the child agree in writing to wise appropriated, there are appropriated for which involves any form of physical vio- the suspension; and

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(F) if child support activities are sus- 409(a)(7)(B)(i)) of such Act (42 U.S.C. ‘‘(b) APPLICATION, SELECTION OF ELIGIBLE pended in a case by agreement of both par- 609(a)(7)(B)(i))), or under any other program ENTITIES, AND DURATION.— ents in accordance with subparagraph (E)), funded with non-Federal funds. ‘‘(1) APPLICATION.— may exclude the case in determining applica- (B) The types of activities and services des- ‘‘(A) IN GENERAL.—To participate in the ble percentages based on State performance ignated programs provide, including the ex- pilot program, an eligible entity shall sub- levels under section 458 of the Social Secu- tent to which any such activities and serv- mit an application to the Secretary at such rity Act (42 U.S.C. 658a), and the Secretary ices are intended for domestic violence vic- time and in such manner as the Secretary shall disregard the case in determining tims and survivors. may require. whether the State data submitted to the (C) An assessment of how the designated ‘‘(B) REQUIRED INFORMATION.—An applica- Secretary are complete and reliable for pur- programs compare to other entities receiv- tion to participate in the pilot program shall poses of that section and section 452 of such ing a grant under section 403(a)(2) of such include the following: Act (42 U.S.C. 652). Act (42 U.S.C. 603(a)(2)), under a program ‘‘(i) The identity of the courts or judicial (2) ELIGIBLE ENTITY.—In this section, the funded with qualified State expenditures (as or administrative agencies with which the term ‘‘eligible entity’’ means— defined in section 409(a)(7)(B)(i)) of such Act eligible entity will coordinate activities car- (A) a State; (42 U.S.C. 609(a)(7)(B)(i))), or under any other ried out under the pilot program. (B) a unit of local government; or program funded with non-Federal funds, with ‘‘(ii) The identity of the local, State, or na- (C) an Indian tribe or tribal organization respect to the information described in sub- tional level domestic violence shelter and (as defined in subsections (e) and (l) of sec- paragraphs (A) and (B). service organization with which the eligible tion 4 of the Indian Self-Determination and (D) Recommendations for such administra- entity will partner with to develop and im- Education Assistance Act (25 U.S.C. 5304)) tive or legislative action as the Comptroller plement the procedures to address domestic that receives direct payments from the Sec- General determines appropriate. violence required under subsection (d). retary under section 455(f) of the Social Se- SEC. 3532. CLOSURE OF CERTAIN CHILD SUP- ‘‘(iii) A description of the role and respon- curity Act (42 U.S.C. 655(f)) or has entered PORT ENFORCEMENT CASES. sibilities of each of such partner with respect into a cooperative agreement with a State Section 454(4)(A) of the Social Security Act to developing and implementing the proce- under section 454(33) of such Act (42 U.S.C. (42 U.S.C. 654(4)(A)) is amended— dures required under subsection (d), and of 654(33)). (1) by striking clause (i) and inserting the the resources that each partner will con- (3) APPLICATION, SELECTION OF ELIGIBLE EN- following: tribute to developing and implementing such TITIES.— ‘‘(i) a child living apart from 1 or both par- procedures. (A) APPLICATION.— ents for whom (I) assistance is provided ‘‘(iv) Such other information as the Sec- (i) IN GENERAL.—To participate in the pilot under the State program funded under part retary shall require. program, an eligible entity shall submit an A of this title, (II) benefits or services for ‘‘(2) SELECTION OF ELIGIBLE ENTITIES.—Not foster care maintenance are provided under application to the Secretary at such time later than September 30, 2021, the Secretary the State program funded under part E of and in such manner as the Secretary may re- shall select at least 12 eligible entities to this title, (III) medical assistance is provided quire. participate in the pilot program, at least 2 of under the State plan approved under title (ii) REQUIRED INFORMATION.—An applica- which shall be tribal agencies described in tion to participate in the pilot program shall XIX, or (IV) cooperation is required pursuant subsection (b). include— to section 6(l)(1) of the Food and Nutrition ‘‘(3) DURATION OF PILOT PROGRAM.—The (I) an outline of the healthy marriage or Act of 2008 (7 U.S.C. 2015(l)(1)) unless, in ac- Secretary shall conduct the pilot program responsible fatherhood programs that the el- cordance with paragraph (29), good cause or during the 5-year period that begins with fis- igible entity will partner with for the pur- other exceptions exist, or in the event that cal year 2022 and ends with fiscal year 2026. poses of participating in the pilot program, the State agency becomes aware after open- including a description of each the eligibility ing a child support case upon referral from ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible and participation criteria for each such pro- another program that both parents of the entity participating in the pilot program gram; child comprise an intact 2-parent household shall carry out the following activities: (II) the goals, strategies, and desired out- (even if a parent is temporarily living else- ‘‘(1) Establishing parent time plans in con- comes of the eligible entity’s proposed par- where), and neither parent has applied for junction with the establishment of a child ticipation in the pilot program; and child support services under clause (ii), in support order. (III) such other information as the Sec- which case the State agency shall notify the ‘‘(2) Coordinating with the custodial and retary shall require. referring program and each parent that the non-custodial parent when establishing a (B) SELECTION OF ELIGIBLE ENTITIES.—Not case will be closed within 60 days of the date parent time plan. later than September 30, 2021, the Secretary of such notice unless either parent contacts ‘‘(3) Supervising and facilitating parents’ shall select at least 10 eligible entities to the State agency and requests that the case visitation and access to their children, in- participate in the pilot program. remain open; and’’; and cluding virtual visitation in situations where (4) DURATION OF PILOT PROGRAM.—The Sec- (2) in clause (ii), by inserting ‘‘living apart in-person visitation is not practicable. retary shall conduct the pilot program dur- from 1 or both parents’’ after ‘‘any other ‘‘(4) Providing parents with legal informa- ing the 4-year period that begins with fiscal child’’. tion and referrals related to parenting time. year 2022 and ends with fiscal year 2025. CHAPTER 4—PARENTING TIME SERVICES ‘‘(5) Coordinating with domestic violence (5) DATA COLLECTION AND REPORTING.— PILOT PROGRAM shelter and service organizations. ‘‘(6) Employing a staff member to serve as Throughout the pilot period, an eligible enti- SEC. 3541. PARENTING TIME SERVICES PILOT ty participating in the pilot program shall PROGRAM. a domestic violence coordinator. collect and report to the Secretary such data Part D of title IV of the Social Security ‘‘(7) Such other activities related to pro- related to the entity’s participation in the Act (42 U.S.C. 651 et seq.) is amended by add- moting the inclusion of uncontested par- pilot program as the Secretary shall require. ing at the end the following: enting time agreements in child support or- (b) GAO REPORT.— ‘‘SEC. 469C. PARENTING TIME SERVICES PILOT ders as the Secretary may approve. (1) STUDY.—The Comptroller General of the PROGRAM. ‘‘(d) PROGRAM REQUIREMENTS.—As a condi- United States shall study the implementa- ‘‘(a) ESTABLISHMENT.— tion of receiving payments under the pilot tion and impact of the pilot program estab- ‘‘(1) IN GENERAL.—Not later than June 30, program, an eligible entity shall meet the lished under subsection (a). 2021, the Secretary shall establish a pilot following requirements: (2) REPORT.—Not later than January 1, program (referred to in this section as the ‘‘(1) PROCEDURES TO ADDRESS DOMESTIC VIO- 2026, the Comptroller General shall submit a ‘pilot program’) to provide payments to LENCE.—Not later than 3 months after the el- report to Congress on the results of the State, local, and tribal agencies responsible igible entity is selected to participate in the study required under paragraph (1) that in- for administering the program under this pilot program, the eligible entity, in con- cludes information on the following: part (referred to in this section as ‘eligible sultation with the State domestic violence (A) How State agencies responsible for ad- entities’) for carrying out the activities de- coalition (as defined in section 302(11) of the ministering the State program funded under scribed in subsection (d) for the purpose of Family Violence Prevention and Services part A of title IV of the Social Security Act promoting the inclusion of uncontested par- Act (42 U.S.C. 10402(11)) and the domestic vio- (42 U.S.C. 601 et seq.) and the State agency enting time agreements in child support or- lence shelter and service organization with responsible for administering the State plan ders. Expenditures for activities carried out which the entity is partnering, shall do the under part D of title IV of such Act (42 U.S.C. by a State, local, or tribal agency partici- following: 651 et seq.) designate healthy marriage or re- pating in the pilot program shall be treated ‘‘(A) Develop, and submit to the Secretary sponsible fatherhood programs as eligible as expenditures authorized under the State for approval, written protocols for use by the programs for purposes of the pilot program or tribal plan approved under this part, with- eligible entity in carrying out activities and what types of organizations have pro- out regard to whether such expenditures under the pilot program that are based on grams so designated, including whether such would otherwise be a permissible use of funds comprehensive and evidence-based practices programs are funded under a grant made under such plan. and tools for— under section 403(a)(2) of such Act (42 U.S.C. ‘‘(2) NO BUDGET NEUTRALITY REQUIRED.—No ‘‘(i) identifying instances of domestic vio- 603(a)(2)), under a program funded with quali- budget neutrality requirement shall apply to lence and situations where there is a risk of fied State expenditures (as defined in section the pilot program. domestic violence;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7736 CONGRESSIONAL RECORD — SENATE December 18, 2020 ‘‘(ii) responding to any instances of domes- tion of the pilot program that satisfies the gression, by a current or former intimate tic violence and situations where there is a requirements of this subsection. partner.’’. risk of domestic violence that are so identi- ‘‘(2) DEADLINE.—Not later than 1 year after CHAPTER 5—IMPROVEMENTS TO THE fied, including by making referrals to domes- the pilot program ends, the Secretary shall CHILD SUPPORT PASS-THROUGH RE- tic violence intervention and prevention submit to Congress a report containing the QUIREMENTS services, assisting with safety planning, and results of such comprehensive evaluation. SEC. 3551. CHILD SUPPORT PASS-THROUGH PRO- providing protections and other appropriate ‘‘(3) EVALUATION REQUIREMENTS.— GRAM IMPROVEMENTS. assistance to individuals and families who ‘‘(A) IN GENERAL.—A comprehensive eval- (a) PASS-THROUGH OF ALL CURRENT SUP- are victims or potential victims of domestic uation satisfies the requirements of this sub- PORT AMOUNTS AND ARREARAGES COLLECTED violence; section if— FOR CURRENT AND FORMER TANF FAMILIES.— ‘‘(iii) addressing confidentiality issues re- ‘‘(i) the evaluation is designed to identify Section 457 of the Social Security Act (42 lated to identifying and responding to in- successful activities for creating opportuni- U.S.C. 657) is amended— stances of domestic violence and situations ties for developing and sustaining parenting (1) in subsection (a), in the matter pre- where there is a risk of domestic violence; time to— ceding paragraph (1), by striking ‘‘and (e)’’ and ‘‘(I) build evidence of the effectiveness of and inserting ‘‘, (e), (f), and (g)’’; and ‘‘(iv) providing domestic violence aware- such activities; (2) by adding at the end the following: ness and intervention and prevention train- ‘‘(II) determine the lessons learned (includ- ‘‘(f) DISTRIBUTION OF CURRENT SUPPORT ing to ensure the effective and consistent im- ing barriers to success) from such activities; AMOUNT AND ARREARAGES COLLECTED FOR plementation of the protocols developed and TANF FAMILIES.— under this subparagraph. ‘‘(III) to the extent practicable, help build ‘‘(1) TANF FAMILIES.—Subject to sub- ‘‘(B) Build the capacity of the staff of the local evaluation capacity, including the ca- sections (d), (e), and (g), beginning October 1, eligible entity and the domestic violence pacity to use evaluation data to inform con- shelter and service organization partner of 2023— tinuous program improvement; and ‘‘(A) paragraph (1) of subsection (a) shall the entity to communicate with parents ‘‘(ii) the evaluation includes research de- about domestic violence. no longer apply to the distribution of signs that encourage innovation and reflect amounts collected on behalf of a TANF fam- ‘‘(C) Appoint a staff member of the eligible the nature of the activities undertaken, suc- entity or the domestic violence shelter and ily as support by a State pursuant to a plan cessful implementation efforts, and the approved under this part; service organizations to serve as the domes- needs of the communities, without tic violence coordinator for purposes of the ‘‘(B) the State shall pay to a TANF family prioritizing efficacy research over effective- all of the current support amount collected activities carried out under the pilot pro- ness research. gram. by the State on behalf of the family and all ‘‘(B) RANDOMIZED CONTROLLED TRIALS.—A ‘‘(D) Submit a final report to the Secretary of any excess amount collected on behalf of comprehensive evaluation conducted in ac- the family to the extent necessary to satisfy describing— cordance with this subsection may, but shall ‘‘(i) the protocols established by the eligi- support arrearages; and not be required to, include a randomized con- ‘‘(C) for purposes of determining eligibility ble entity to address domestic violence; and trolled trial. ‘‘(ii) any issues that the eligible entity en- for, and the amount and type of, assistance ‘‘(4) REPORT REQUIREMENTS.—The report on countered in implementing such protocols from the State under the State program the comprehensive evaluation conducted in and if so, how the eligible entity addressed funded under part A, the State shall dis- accordance with this subsection shall include such issues. regard the current support amount paid to a the following: ‘‘(2) DATA COLLECTION AND REPORTING.— TANF family and shall disregard the current ‘‘(A) An assessment of the process used to Throughout the pilot period, an eligible enti- support amount paid to any family that is an assist parents in developing and establishing ty participating in the pilot program shall applicant for assistance under the State pro- parenting time agreements and the number collect and report to the Secretary such data gram funded under part A. of parenting time agreements established related to the entity’s participation in the ‘‘(2) FORMER TANF FAMILIES.— during the pilot program. pilot program as the Secretary shall require. ‘‘(A) IN GENERAL.—Subject to subsections ‘‘(e) PAYMENTS TO ELIGIBLE ENTITIES.— ‘‘(B) An assessment of the impact of the (e) and (g), beginning October 1, 2025— ‘‘(1) IN GENERAL.—For each quarter during pilot program on child support payment out- ‘‘(i) subsection (a)(2) shall no longer apply the pilot period described in subsection comes, including payment behaviors such as to the distribution of amounts collected on (b)(3), the Secretary shall pay to each eligi- the amount of monthly payments, the fre- behalf of a former TANF family as support ble entity participating in the pilot program quency of monthly payments, and the fre- by a State pursuant to a plan approved under an amount equal to the applicable percent- quency and type of non-financial assistance. this part or to support obligations assigned age specified in paragraph (2) of the amounts ‘‘(C) An assessment of the access barriers by the family; and expended by the entity during the quarter to to establishing and complying with par- ‘‘(ii) the State shall pay to a former TANF carry out the pilot program. Such payments enting time agreements, and the effective- family all of the current support amount col- shall be made in addition to, and as part of, ness of methods used by the pilot projects to lected by the State on behalf of the family the quarterly payment made to the eligible address barriers. and all of any excess amount collected on be- entity under section 455(a)(1). Amounts ex- ‘‘(D) An assessment of the impact of the half of the family to the extent necessary to pended by an eligible entity participating in pilot program on co-parenting quality. satisfy support arrearages (and the State the pilot program shall be treated as ‘‘(E) An assessment of the impact of the shall treat amounts collected pursuant to an amounts expended for a purpose for which a pilot program on relationships between cus- assignment by the family as if the amounts quarterly payment is available under section todial and non-custodial parents. had never been assigned and shall distribute 455(a)(1)(A), without regard to whether pay- ‘‘(F) An assessment of the impact of the the amounts to the family in accordance ment would otherwise be available under pilot program on relationships between non- with subsection (a)(4)). such section in the absence of the pilot pro- custodial parents and their children. ‘‘(B) STATE OPTION FOR EARLIER IMPLEMEN- gram (and subject to the application of the ‘‘(G) Data on the incidence and prevalence TATION.—A State may elect to apply sub- applicable percentage for such quarter under of domestic violence between custodial and paragraph (A) to the distribution of amounts paragraph (2) in lieu of the percentage that non-custodial parents during the course of collected on behalf of a former TANF family would otherwise apply under such section (if the pilot program. as support by a State pursuant to a plan ap- any)). ‘‘(H) A detailed description of the proce- proved under this part beginning on the first ‘‘(2) APPLICABLE PERCENTAGE.—The appli- dures used to address incidents of domestic day of any quarter of fiscal year 2024 or 2025. cable percentage specified in this paragraph violence between custodial and non-custodial ‘‘(3) DEFINITIONS.—In this subsection: is— parents during the course of the pilot pro- ‘‘(A) TANF FAMILY.—The term ‘TANF fam- ‘‘(A) in the case of payments made for the gram. ily’ means a family receiving assistance first 8 quarters of the pilot period, 100 per- ‘‘(I) An assessment of the impact of the from the State under the State program cent; and pilot program on increasing custodial and funded under part A. ‘‘(B) in the case of payments made for each non-custodial parents’ knowledge about do- ‘‘(B) FORMER TANF FAMILY.—The term subsequent quarter of the pilot period, 66 mestic violence. ‘former TANF family’ means a family that percent (80 percent in the case of an eligible ‘‘(5) APPROPRIATION.—Out of any money in formerly received assistance from the State entity that is a tribal agency). the Treasury not otherwise appropriated, under the State program funded under part ‘‘(3) SUNSET FOR PAYMENTS.—In no case there is appropriated to the Secretary to A. may payments be provided by the Secretary carry out this subsection $1,000,000 for each ‘‘(C) EXCESS AMOUNT.—The term ‘excess for amounts expended by an eligible entity of fiscal years 2022 through 2026, to remain amount’ means, with respect to amounts col- to carry out the pilot program for any quar- available until expended. lected by a State as support on behalf of a ter of a fiscal year after fiscal year 2026. ‘‘(g) DOMESTIC VIOLENCE DEFINED.—In this family, the amount by which such amount ‘‘(f) EVALUATION OF PILOT PROGRAM.— section, the term ‘domestic violence’ means collected exceeds the current support ‘‘(1) IN GENERAL.—The Secretary shall con- violence between intimate partners, which amount.’’. duct (directly or by grant, contract, or inter- involves any form of physical violence, sex- (b) TEMPORARY INCREASE IN MATCHING agency agreement) a comprehensive evalua- ual violence, stalking, or psychological ag- RATE.—Section 455(a)(3) of such Act (42

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7737 U.S.C. 655(a)(3)) is amended to read as fol- ‘‘(ii) deposit such amount in a savings ac- under the State program funded under this lows: count to be used for the child’s future needs part, that a member of the family assign to ‘‘(3)(A) The Secretary shall pay to each in the event of the child’s reunification with the State any right the family member may State, for each quarter of fiscal years 2022 family from which the child was removed have (on behalf of the family member or of and 2023, 90 percent of so much of the State (including for reunification services for the any other person for whom the family mem- expenditures described in paragraph (1)(B) child and family); ber has applied for or is receiving such as- for the quarter as the Secretary finds are for ‘‘(C) to the extent any amount collected sistance) to support from any other person, a system meeting the requirements specified exceeds the current support amount and, not exceeding the total amount of assistance in sections 454(16) and 454A. after the beginning of the period in which a so paid to the family, which accrues during ‘‘(B) In the case of a State which elects the public agency began making foster care the period that the family receives assist- option under subparagraph (B) of section maintenance payments under part E on be- ance under the program. 457(f)(2) to apply subparagraph (A) of that half of the child, support arrearages have ac- ‘‘(B) SUNSET.—Subparagraph (A) shall not section to the distribution of amounts col- crued with respect to the child, the State apply to any State or family after September lected on behalf of a former TANF family (as shall deposit such excess amount into a sav- 30, 2023.’’. defined in subparagraph (B) of section ings account to be used for the child’s future (2) STATE OPTION TO DISCONTINUE SUPPORT 457(f)(3)) as support by a State pursuant to a needs; and ASSIGNMENTS UNDER TANF BEFORE FISCAL plan approved under this part beginning on ‘‘(D) when the child is returned to the fam- YEAR 2023.—Section 457(b) of such Act (42 the first day of any quarter of fiscal year ily from which the child was removed, or U.S.C. 657(b)) is amended by adding at the 2024 or 2025, the Secretary shall pay to the placed for adoption, with a legal guardian, end the following: State for each quarter of fiscal year 2024 and or, if adoption or legal guardianship is deter- ‘‘(3) STATE OPTION TO DISCONTINUE SUPPORT 2025 for which such an election has been mined not to be safe and appropriate for a ASSIGNMENTS UNDER PART A BEFORE TERMI- made, 90 percent of so much of the State ex- child, in some other planned, permanent liv- NATION OF REQUIREMENT.—A State may elect penditures described in paragraph (1)(B) for ing arrangement, any amount in such sav- for any or all of fiscal years 2021 through the quarter as the Secretary finds are for a ings account shall— 2023, to— system meeting the requirements specified ‘‘(i) if the child has attained age 18, be ‘‘(A) not require the assignment of support in sections 454(16) and 454A. transferred to the child; or obligations under section 408(a)(3)(A) as a ‘‘(C) This paragraph shall not apply to ‘‘(ii) if the child has not attained age 18, be condition of paying assistance to a family State expenditures described in paragraph maintained in such account until the child under the State program funded under part (1)(B) for any quarter beginning on or after attains such age, and shall be transferred to A; and September 30, 2024 (September 30, 2023, in the the child when the child attains such age. ‘‘(B) discontinue the assignment of a sup- case of a State that does not elect the option ‘‘(2) ADMINISTRATION.—The State agency port obligation described in such section, described in subparagraph (B)).’’. responsible for administering the program and treat amounts collected pursuant to the (c) TRANSITION TO ELIMINATION OF EX- under this part shall be responsible for the assignment as if the amounts had never been CEPTED PORTION FOR PASS-THROUGH DIS- distribution under this subsection of assigned and distribute the amounts to the REGARD OPTION.— amounts collected on behalf of a child for family.’’. (1) IN GENERAL.—Subparagraph (B) of sec- whom a public agency is making foster care (f) ELIMINATION OF OPTION TO APPLY tion 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) maintenance payments under part E.’’. FORMER DISTRIBUTION RULES FOR FAMILIES is amended to read as follows: (2) GAO REPORT.— FORMERLY RECEIVING ASSISTANCE.— ‘‘(B) FAMILIES THAT CURRENTLY RECEIVE AS- (A) STUDY.—The Comptroller General of (1) IN GENERAL.—Section 454 of such Act (42 SISTANCE UNDER PART A.—During each of fis- the United States shall study the implemen- U.S.C. 654) is amended— cal years 2021, 2022, and 2023, in the case of a tation and impact of the requirements for (A) in paragraph (32)(C), by adding ‘‘and’’ family that receives assistance from the distribution of amounts collected on behalf after the semicolon; State under the State program funded under of a child for whom foster care maintenance part A, a State shall not be required to pay payments are being made under subsection (B) in paragraph (33), by striking ‘‘; and’’ to the Federal Government the Federal share (g) of section 457 of the Social Security Act and inserting a period; and of an amount collected on behalf of a family (42 U.S.C. 657) as added by paragraph (1). (C) by striking paragraph (34). (2) EFFECTIVE DATE.—The amendments receiving assistance from the State under (B) REPORT.—Not later than January 1, the State program funded under part A to 2027, the Comptroller General shall submit a made by paragraph (1) take effect on October the extent that the State— report to Congress on the results of the 1, 2023. ‘‘(i) pays the amount to the family; and study required under paragraph (1) that in- (g) CONFORMING AMENDMENTS.— ‘‘(ii) disregards all of the amount collected cludes information on the following: (1) Section 454B(c)(1) of such Act (42 U.S.C. that does not exceed the current support (i) A description of how States have elected 654b(c)(1)) is amended by striking ‘‘457(a)’’ amount for purposes of determining the fam- to implement the distribution requirements and inserting ‘‘457’’. ily’s eligibility for, and the amount and type of such subsection, including with respect to (2) Section 457 of such Act (42 U.S.C. 657), of, assistance from the State under the State the choices States make regarding how much as amended by subsections (a) and (d), is fur- program funded under part A.’’. of current support amounts are paid to foster ther amended— (A) in subsection (c), in the matter pre- (2) CONFORMING AMENDMENT.—Section families, saved in the event of a child’s re- 457(a)(6) of such Act (42 U.S.C. 657(a)(6)) is unification with the family from which the ceding paragraph (1), by striking ‘‘subsection amended in the heading, by inserting ‘‘; child was removed, or saved for the child’s (a)’’ and inserting ‘‘subsections (a), (f), and (g)’’; and TRANSITION TO ELIMINATION OF EXCEPTED POR- future needs. (B) in subsection (e), in the matter pre- TION’’ after ‘‘PARTICIPATION’’. (ii) A description of how States distribute (d) AMOUNTS COLLECTED ON BEHALF OF or use amounts saved in the event of a ceding paragraph (1), by striking ‘‘Notwith- FAMILIES RECEIVING FOSTER CARE MAINTE- child’s reunification with the family from standing the preceding provisions of this sec- NANCE PAYMENTS.— which the child was removed, including the tion, amounts’’ and inserting ‘‘Subject to (1) IN GENERAL.—Section 457 of such Act (42 extent to which such amounts are used to subsection (g), amounts’’. U.S.C. 657) as amended by subsection (a), is provide reunification services for the child SEC. 3552. BAN ON RECOVERY OF MEDICAID further amended by adding at the end the and family or distributed in full to the fam- COSTS FOR BIRTHS. following: ily. (a) IN GENERAL.—Section 454 of the Social ‘‘(g) DISTRIBUTION OF AMOUNTS COLLECTED (iii) Recommendations regarding best prac- Security Act (42 U.S.C. 654) is amended— ON BEHALF OF A CHILD FOR WHOM FOSTER tices regarding distributions made under (1) by striking ‘‘and’’ at the end of para- CARE MAINTENANCE PAYMENTS ARE BEING such subsection, along with recommenda- graph (33); MADE.— tions for such administrative or legislative (2) by striking the period at the end of ‘‘(1) IN GENERAL.—Beginning October 1, action as the Comptroller General deter- paragraph (34) and inserting ‘‘; and’’; and 2023— mines appropriate. (3) by inserting after paragraph (34) the fol- ‘‘(A) subsection (e) shall no longer apply to (e) DISCONTINUATION OF SUPPORT ASSIGN- lowing: the distribution of amounts collected by a MENTS.— ‘‘(35) provide that the State shall not use State as child support for months in any pe- (1) TERMINATION OF TANF REQUIREMENT TO the State program operated under this part riod on behalf of a child for whom a public ASSIGN SUPPORT RIGHTS TO THE STATE.—Para- to collect any amount owed to the State by agency is making foster care maintenance graph (3) of section 408(a) of such Act (42 reason of costs incurred under the State plan payments under part E; U.S.C. 608(a)) is amended to read as follows: approved under title XIX for the birth of a ‘‘(B) with respect to the current support ‘‘(3) NO ASSISTANCE FOR FAMILIES NOT AS- child for whom support rights have been as- amount collected by the State on behalf of SIGNING CERTAIN SUPPORT RIGHTS TO THE signed pursuant to section 1912.’’. the child, the State shall elect to— STATE.— (b) CLARIFICATION THAT BAN ON RECOVERY ‘‘(i) pay such amount to a foster parent of ‘‘(A) IN GENERAL.—With respect to each of DOES NOT APPLY WITH RESPECT TO INSUR- the child or a kinship caregiver for the child fiscal years 2021, 2022, and 2023, subject to ANCE OF A PARENT WITH AN OBLIGATION TO whenever practicable, or to the person re- section 457(b)(3), a State to which a grant is PAY CHILD SUPPORT.—Section 1902(a)(25)(F) sponsible for meeting the child’s day-to-day made under section 403 shall require, as a of the Social Security Act (42 U.S.C. needs; or condition of paying assistance to a family 1396a(a)(25)(F)) is amended—

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(1) in clause (i), by striking ‘‘care.;’’ and in- in determining a performance level is not ‘‘(1) IN GENERAL.—Any credit’’, and serting ‘‘care; and’’; and complete or reliable for purposes of section (3) by adding at the end the following new (2) in clause (ii), by inserting ‘‘only if such 458(b)(5)(B) of such Act, on the basis of the paragraphs: third-party liability is derived through in- failure of the State to submit OCSE Form ‘‘(2) ASSIGNMENT OF BENEFITS.— surance,’’ before ‘‘seek’’. 396 or 34 in a timely manner. ‘‘(A) IN GENERAL.—The right of any person (c) EFFECTIVE DATE.— (5) The Secretary may not impose a pen- to any applicable payment shall not be (1) IN GENERAL.—Except as provided in alty or take any other adverse action transferable or assignable, at law or in eq- paragraph (2), the amendments made by this against a State for failure to comply with uity, and no applicable payment shall be sub- section take effect on October 1, 2025. section 454B(c)(1) or 454A(g)(1)(A)(i) of such ject to, execution, levy, attachment, gar- (2) STATE OPTION FOR EARLIER APPLICA- Act. nishment, or other legal process, or the oper- TION.—A State may elect for the amend- (6) The Secretary may not disapprove a ation of any bankruptcy or insolvency law. ments made by this section to take effect State plan submitted pursuant to part D of ‘‘(B) ENCODING OF PAYMENTS.—As soon as with respect to the State plans under part D title IV of such Act for failure of the plan to practicable, but not earlier than 10 days of title IV and title XIX of the Social Secu- meet the requirement of section 454(1) of after the date of the enactment of this para- rity Act (42 U.S.C. 671 et seq.; 1396 et seq.) on such Act, and may not impose a penalty or graph, in the case of an applicable payment the first day of any quarter of fiscal years take any other adverse action against a that is paid electronically by direct deposit 2021 through 2025. State with such a plan that meets that re- through the Automated Clearing House quirement for failure to comply with that re- SEC. 3553. IMPROVING STATE DOCUMENTATION (ACH) network, the Secretary of the Treas- AND REPORTING OF CHILD SUP- quirement. ury (or the Secretary’s delegate) shall— PORT COLLECTION DATA. (7) To the extent that a preceding provi- ‘‘(i) issue the payment using a unique iden- (a) STATE PLAN REQUIREMENT.—Paragraph sion of this section applies with respect to a tifier that is reasonably sufficient to allow a (10) of section 454(10) of the Social Security provision of law applicable to a program op- financial institution to identify the payment Act (42 U.S.C. 654(10)) is amended to read as erated by an Indian tribe or tribal organiza- as an applicable payment, and follows: tion (as defined in subsections (e) and (l) of ‘‘(ii) further encode the payment pursuant ‘‘(10) provide that the State will— section 4 of the Indian Self-Determination to the same specifications as required for a ‘‘(A) maintain a full record of collections and Education Assistance Act (25 U.S.C. benefit payment defined in section 212.3 of and disbursements made under the plan and 450b)), that preceding provision shall apply title 31, Code of Federal Regulations. have an adequate reporting system; and with respect to the Indian tribe or tribal or- ‘‘(B) document outcomes with respect to ganization. ‘‘(C) GARNISHMENT.— each child support obligation that is en- (8) Any increase in the Federal medical as- ‘‘(i) ENCODED PAYMENTS.—In the case of a forced by the State, including monthly sup- sistance percentage for a State resulting garnishment order received after the date port payment amounts (distinguishing be- from the application of this subsection shall that is 10 days after the date of the enact- tween full monthly payments and partial not be taken into account for purposes of ment of this paragraph and that applies to monthly payments) and the frequency of calculating the Federal share of assigned an account that has received an applicable monthly support payments for each such collections paid by the State to the Federal payment that is encoded as provided in sub- case and include information on such out- Government under section 457 of the Social paragraph (B), a financial institution shall comes in the annual report required under Security Act (42 U.S.C. 657). follow the requirements and procedures set paragraph (15);’’. (b) STATE DEFINED.—In subsection (a), the forth in part 212 of title 31, Code of Federal (b) INCLUSION IN ANNUAL REPORT BY THE term ‘‘State’’ has the meaning given the Regulations, except a financial institution SECRETARY.—Section 452(a)(10)(A) of such term in section 1101(a) of the Social Security shall not, with regard to any applicable pay- Act (42 U.S.C. 652(a)(10)(A)) is amended— Act for purposes of title IV of such Act. ment, be required to provide the notice ref- (1) in clause (ii), by striking ‘‘and’’ after (c) TECHNICAL CORRECTION.—Section 6008 of erenced in sections 212.6 and 212.7 of title 31, the semicolon; the Families First Coronavirus Response Act Code of Federal Regulations. This paragraph (2) in clause (iii)(II), by adding ‘‘and’’ after (42 U.S.C. 1396d note) is amended by adding shall not alter the status of applicable pay- the semicolon; and at the end the following: ments as tax refunds or other nonbenefit (3) by adding at the end the following: ‘‘(e) SCOPE OF APPLICATION.—An increase in payments for purpose of any reclamation ‘‘(iv) information on the documented out- the Federal medical assistance percentage rights of the Department of Treasury or the comes with respect to each child support ob- for a State under this section shall not be Internal Revenue Service as per part 210 of ligation that was enforced under a State taken into account for purposes of calcu- title 31 of the Code of Federal Regulations. lating the Federal share of assigned collec- plan approved under this part during the fis- ‘‘(ii) OTHER PAYMENTS.—If a financial insti- cal year, as required under paragraph (10) of tions paid by the State to the Federal Gov- tution receives a garnishment order, other ernment under section 457 of the Social Se- section 454 and included in the annual report than an order that has been served by the curity Act (42 U.S.C. 657).’’. required under paragraph (15) of that sec- United States or an order that has been (d) STATE PERFORMANCE YEAR FOR INCEN- tion;’’. TIVE PAYMENTS.—Notwithstanding section served by a Federal, State, or local child sup- CHAPTER 6—PROGRAM FLEXIBILITY 458 of the Social Security Act (42 U.S.C. port enforcement agency, that has been re- DURING THE COVID–19 PANDEMIC 658a), the data which a State submitted pur- ceived by a financial institution after the SEC. 3561. EMERGENCY TANF FLEXIBILITY. suant to section 454(15)(B) of such Act (42 date that is 10 days after the date of the en- (a) IN GENERAL.—With respect to the pe- U.S.C. 654(15)(B)) for fiscal year 2019 and actment of this paragraph and that applies riod that begins on March 1, 2020, and ends which the Secretary has determined is com- to an account into which an applicable pay- September 30, 2021: plete and reliable shall be used to determine ment that has not been encoded as provided (1) Sections 408(a)(2), 409(a)(5), and 409(a)(8) the performance level for each measure of in subparagraph (B) has been deposited elec- of the Social Security Act shall have no State performance specified in section tronically or by an applicable payment that force or effect. 458(b)(4) of such Act for each of fiscal years has been deposited by check on any date in (2) Notwithstanding section 466(d) of such 2020 and 2021. the lookback period, the financial institu- Act, the Secretary may exempt a State from SEC. 3562. 2020 RECOVERY REBATES NOT SUB- tion, upon the request of the account holder, any requirement of section 466 of such Act to JECT TO REDUCTION OR OFFSET shall treat the amount of the funds in the ac- WITH RESPECT TO PAST-DUE SUP- count at the time of the request, up to the respond to the COVID–19 pandemic, except PORT. that the Secretary may not exempt a State amount of the applicable payment (in addi- (a) IN GENERAL.—Section 2201(d)(2) of the from any requirement to— tion to any amounts otherwise protected CARES Act is amended by inserting ‘‘(c),’’ under part 212 of title 31, Code of Federal (A) provide a parent with notice of a right before ‘‘(d)’’. Regulations), as exempt from a garnishment to request a review and, if appropriate, ad- (b) EFFECTIVE DATE.—The amendment justment of a support order; or made by this section shall apply to credits order without requiring the consent of the (B) afford a parent the opportunity to and refunds allowed or made after the date of party serving the garnishment order or the make such a request. the enactment of this Act. judgment creditor. (3) The Secretary may not impose a pen- SEC. 3563. PROTECTION OF 2020 RECOVERY RE- ‘‘(iii) LIABILITY.—A financial institution alty or take any other adverse action BATES. that acts in good faith in reliance on clauses against a State pursuant to section 452(g)(1) (a) IN GENERAL.—Subsection (d) of section (i) or (ii) shall not be subject to liability or of such Act for failure to achieve a paternity 2201 of the CARES Act (Public Law 116–136), regulatory action under any Federal or State establishment percentage of less than 90 per- as amended by section 3562, is further law, regulation, court or other order, or reg- cent. amended— ulatory interpretation for actions con- (4) The Secretary may not find that the pa- (1) by redesignating paragraphs (1), (2), and cerning any applicable payments. ternity establishment percentage for a State (3) as subparagraphs (A), (B), and (C), and by ‘‘(D) DEFINITIONS.—For purposes of this is not based on reliable data for purposes of moving such subparagraphs 2 ems to the paragraph— section 452(g)(1) of such Act, and the Sec- right, ‘‘(i) ACCOUNT HOLDER.—The term ‘account retary may not determine that the data (2) by striking ‘‘REDUCTION OR OFFSET.— holder’ means a natural person whose name which a State submitted pursuant to section Any credit’’ and inserting ‘‘REDUCTION, OFF- appears in a financial institution’s records as 452(a)(4)(C)(i) of such Act and which is used SET, GARNISHMENT, ETC.— the direct or beneficial owner of an account.

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‘‘(ii) ACCOUNT REVIEW.—The term ‘account ‘‘(i) to create a mission-oriented loan guar- terprise community under section 1391 of the review’ means the process of examining de- antee program that builds on the dem- Internal Revenue Code of 1986; posits in an account to determine if an appli- onstrated success of the Community Advan- ‘‘(dd) a community that has been des- cable payment has been deposited into the tage Pilot Program of the Administration, as ignated as a promise zone by the Secretary account during the lookback period. The fi- established in 2011, to reach more under- of Housing and Urban Development; nancial institution shall perform the ac- served small business concerns; ‘‘(ee) a community that has been des- count review following the procedures out- ‘‘(ii) to increase lending to small business ignated as a qualified opportunity zone lined in section 212.5 of title 31, Code of Fed- concerns in underserved and rural markets, under section 1400Z–1 of the Internal Rev- eral Regulations and in accordance with the including veterans and members of the mili- enue Code of 1986; or requirements of section 212.6 of title 31, Code tary community, and small business con- ‘‘(ff) a rural area; of Federal Regulations. cerns owned and controlled by socially and ‘‘(II) for which more than 50 percent of em- ‘‘(iii) APPLICABLE PAYMENT.—The term ‘ap- economically disadvantaged individuals (as ployees reside in a low- or moderate-income defined in section 8(d)(3)(C)), women, and plicable payment’ means any payment of community; startups; credit or refund by reason of section 6428 of ‘‘(III) that is— ‘‘(iii) to ensure that the program under the Internal Revenue Code of 1986 (as so ‘‘(aa) a business that has not yet opened or this subsection (in this paragraph referred to added) or by reason of subsection (c) of this a new business; or section. as the ‘7(a) loan program’) is more inclusive and more broadly meets congressional intent ‘‘(bb) growing, newly established, or a ‘‘(iv) GARNISHMENT.—The term ‘garnish- startup, as those terms are used in sub- ment’ means execution, levy, attachment, to reach borrowers who are unable to get credit elsewhere on reasonable terms and section (m); garnishment, or other legal process. ‘‘(IV) owned and controlled by socially and ‘‘(v) GARNISHMENT ORDER.—The term ‘gar- conditions; economically disadvantaged individuals, in- nishment order’ means a writ, order, notice, ‘‘(iv) to help underserved small business cluding Black Americans, Hispanic Ameri- summons, judgment, levy, or similar written concerns become bankable by utilizing the cans, Native Americans, Asian Pacific Amer- instruction issued by a court, a State or small-dollar financing and business support icans, and other minorities; State agency, a municipality or municipal experience of mission-oriented lenders; ‘‘(V) owned and controlled by women; corporation, or a State child support en- ‘‘(v) to allow certain mission-oriented ‘‘(VI) owned and controlled by veterans; forcement agency, including a lien arising by lenders, primarily nonprofit financial inter- ‘‘(VII) owned and controlled by service-dis- operation of law for overdue child support or mediaries focused on economic development abled veterans; an order to freeze the assets in an account, in underserved markets, access to guaran- ‘‘(VIII) not less than 51 percent of which is to effect a garnishment against a debtor. tees for loans under this subsection (in this paragraph referred to as ‘7(a) loans’) of not owned and controlled by 1 or more— ‘‘(vi) LOOKBACK PERIOD.—The term ‘lookback period’ means the two month pe- more than $350,000 and provide management ‘‘(aa) members of the Armed Forces par- riod that begins on the date preceding the and technical assistance to small business ticipating in the Transition Assistance Pro- date of account review and ends on the cor- concerns as needed; gram of the Department of Defense; responding date of the month two months ‘‘(vi) to provide certainty for the lending ‘‘(bb) Reservists; earlier, or on the last date of the month two partners that make loans under this sub- ‘‘(cc) spouses of veterans, members of the section and to attract new lenders; and months earlier if the corresponding date does Armed Forces, or Reservists; or ‘‘(vii) to encourage collaboration between not exist.’’. ‘‘(dd) surviving spouses of veterans who mission-oriented and conventional lenders (b) EFFECTIVE DATE.—The amendments died on active duty or as a result of a serv- under this subsection in order to support un- made by this section shall take effect on the ice-connected disability; derserved small business concerns. date of the enactment of this Act. ‘‘(IX) that is eligible to receive a veterans ‘‘(B) DEFINITIONS.—In this paragraph— advantage loan; or CHAPTER 7—EFFECTIVE DATE ‘‘(i) the term ‘covered institution’ means— ‘‘(X) owned and controlled by an individual SEC. 3571. EFFECTIVE DATE. ‘‘(I) a development company, as defined in who has completed a term of imprisonment (a) IN GENERAL.—Except as otherwise pro- section 103 of the Small Business Investment in a Federal, State, or local jail or prison; vided in this subtitle, the amendments made Act of 1958 (15 U.S.C. 662), participating in and by this subtitle shall take effect on the date the 504 Loan Guaranty program established ‘‘(viii) the term ‘small business concern of enactment of this Act and shall apply to under title V of that Act (15 U.S.C. 695 et owned and controlled by socially and eco- payments under parts A and D of title IV of seq.); nomically disadvantaged individuals’ has the the Social Security Act for calendar quarters ‘‘(II) a nonprofit intermediary, as defined meaning given the term in section 8(d)(3)(C). in subsection (m)(11), participating in the beginning on or after such date, and without ‘‘(C) ESTABLISHMENT.—There is established microloan program under subsection (m); regard to whether regulations to implement a Community Advantage Loan Program ‘‘(III) a non-Federally regulated entity cer- the amendments (in the case of State pro- under which the Administration may guar- tified as a community development financial grams operated under such part D) are pro- antee loans made by covered institutions institution by the Community Development mulgated by such date. under this subsection, including loans made Financial Institutions Fund established (b) EXCEPTION FOR STATE PLANS REQUIRING to small business concerns in an underserved STATE LAW AMENDMENTS.—In the case of a under section 104(a) of the Riegle Commu- nity Development and Regulatory Improve- market. State plan under part A or D of title IV of ‘‘(D) PROGRAM LEVELS.—In each of fiscal the Social Security Act which the Secretary ment Act of 1994 (12 U.S.C. 4703(a)); and ‘‘(IV) an eligible intermediary, as defined years 2021, 2022, 2023, 2024, and 2025, not more determines requires State legislation in than 10 percent of the number of loans guar- order for the plan to meet the additional re- in subsection (l)(1), participating in the Intermediary Lending Program established anteed under this subsection may be guaran- quirements imposed by the amendments teed under the program. made by this subtitle, the effective date of under subsection (l)(2); ‘‘(E) NEW LENDERS.— the amendments imposing the additional re- ‘‘(ii) the term ‘new business’ means a small ‘‘(i) FISCAL YEARS 2021 AND 2022.—In each of quirements shall be 3 months after the first business concern that has been existence for not more than 2 years; fiscal years 2021 and 2022— day of the first calendar quarter beginning ‘‘(I) not more than 150 covered institutions after the close of the first regular session of ‘‘(iii) the term ‘program’ means the Com- shall participate in the program; and the State legislature that begins after the munity Advantage Loan Program estab- ‘‘(II) the Administrator shall allow for new date of the enactment of this Act. For pur- lished under subparagraph (C); applicants and give priority to applications poses of the preceding sentence, in the case ‘‘(iv) the term ‘Reservist’ means a member submitted by any covered institution that is of a State that has a 2-year legislative ses- of a reserve component of the Armed Forces located in an area with insufficient or no sion, each year of the session shall be consid- named in section 10101 of title 10, United lending under the program. ered to be a separate regular session of the States Code; ‘‘(ii) FISCAL YEARS 2023, 2024, AND 2025.— State legislature. ‘‘(v) the term ‘rural area’ has the meaning given the term in subsection (m)(11); ‘‘(I) IN GENERAL.—In each of fiscal years TITLE IV—CAPITAL AND SUPPORT FOR ‘‘(vi) the term ‘service-connected’ has the 2023, 2024, and 2025— SMALL BUSINESSES meaning given the term in section 101 of ‘‘(aa) except as provided in subclause (II), Subtitle A—More Lending to Small title 38, United States Code; not more than 175 covered institutions shall Businesses in Communities of Color ‘‘(vii) the term ‘small business concern in participate in the program; and SEC. 4101. COMMUNITY ADVANTAGE LOAN PRO- an underserved market’ means a small busi- ‘‘(bb) the Administrator shall allow for GRAM. ness concern— new applicants and give priority to applica- Section 7(a) of the Small Business Act (15 ‘‘(I) that is located in— tions submitted by any covered institution U.S.C. 636(a)) is amended by adding at the ‘‘(aa) a low-income or moderate-income that is located in an area with insufficient or end the following: community; no lending under the program. ‘‘(37) COMMUNITY ADVANTAGE LOAN PRO- ‘‘(bb) a HUBZone, as defined in section ‘‘(II) EXCEPTION FOR FISCAL YEAR 2025.—In GRAM.— 31(b); fiscal year 2025, not more than 200 covered ‘‘(A) PURPOSES.—The purposes of the Com- ‘‘(cc) a community that has been des- institutions may participate in the program munity Advantage Loan Program are— ignated as an empowerment zone or an en- if—

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‘‘(aa) after reviewing the report under sub- ‘‘(K) REGULATIONS.— it Risk Management, and the Office of Fi- paragraph (M), the Administrator deter- ‘‘(i) IN GENERAL.—Not later than 180 days nancial Assistance; and mines that not more than 200 covered insti- after the date of enactment of this paragraph ‘‘(BB) the Office of Emerging Markets; tutions may participate in the program; and in accordance with the notice and com- ‘‘(II) develop recommendations on how the ‘‘(bb) the Administrator notifies Congress ment procedures under section 553 of title 5, Administration can effectively manage, sup- in writing of the determination of the Ad- United States Code, the Administrator shall port, and promote the program and the mis- ministrator under item (aa); and promulgate regulations to carry out the pro- sion of the program; ‘‘(cc) not later than July 30, 2024, the Ad- gram, which shall be substantially similar to ‘‘(III) establish metrics of success and ministrator notifies the public of the deter- the Community Advantage Pilot Program of benchmarks that reflect the mission and mination of the Administrator under item the Administration, as in effect on Sep- population served by covered institutions (aa). tember 1, 2018, and shall— under the program, which the Administra- ‘‘(F) GRANDFATHERING OF EXISTING LEND- ‘‘(I) outline the requirements for participa- tion shall use to evaluate the performance of ERS.—Any covered institution that partici- tion by covered institutions in the program; those covered institutions; pated in the Community Advantage Pilot ‘‘(II) define performance metrics for cov- ‘‘(IV) institute regular and sustainable sys- Program of the Administration and is in ered institutions participating in the pro- tems of communication between the Admin- good standing on the day before the date of gram for the first time, which are required istration and covered institutions partici- enactment of this paragraph— to be met in order to continue participating pating in the program; and ‘‘(i) shall retain designation in the pro- in the program; ‘‘(V) establish criteria for covered institu- gram; and ‘‘(III) establish an acceptable range of pro- tions regarding when those institutions ‘‘(ii) shall not be required to submit an ap- gram costs and level of risk that shall be should provide technical assistance to bor- plication to participate in the program. based on other loan products— rowers under the program and the scope of ‘‘(G) REQUIREMENT TO MAKE LOANS TO UN- ‘‘(aa) of similar size; that technical assistance. DERSERVED MARKETS.—Not less than 75 per- ‘‘(bb) that use similar lenders; and ‘‘(ii) REPORT.—Not later than 180 days after cent of loans made by a covered institution ‘‘(cc) that are intended to reach similar the date of enactment of this paragraph, the under the program shall consist of loans borrowers; Administrator shall submit to the Com- made to small business concerns in an under- ‘‘(IV) determine the credit score of a small mittee on Small Business and Entrepreneur- served market. business concern under which the Adminis- ship of the Senate and the Committee on ‘‘(H) MAXIMUM LOAN AMOUNT.— tration is required to underwrite a loan pro- Small Business of the House of Representa- ‘‘(i) IN GENERAL.—Except as provided in vided to the small business concern under tives a report that includes— clause (ii), the maximum loan amount for a the program and the loan may not be made ‘‘(I) the recommendations of the Commu- loan guaranteed under the program is using the delegated authority of a covered nity Advantage Working Group established $250,000. institution; under clause (i); and ‘‘(ii) EXCEPTION.— ‘‘(V) require each covered institution that ‘‘(II) a recommended plan and timeline for ‘‘(I) IN GENERAL.—The Administration sells loans made under the program on the implementation of those recommenda- may, in the discretion of the Administration, secondary market to establish a loan loss re- tions.’’. approve a guarantee of a loan under the pro- serve fund, which— SEC. 4102. SPURRING INNOVATION IN UNDER- gram that is more than $250,000 and not more ‘‘(aa) with respect to covered institutions SERVED MARKETS. than $350,000. in good standing, including the covered insti- (a) IN GENERAL.—The Small Business Act ‘‘(II) NOTIFICATION.—Not later than 2 days tutions described in subparagraph (F), shall (15 U.S.C. 631 et seq.) is amended— after receiving a request for an exception to be maintained at a level equal to 3 percent of (1) by redesignating section 49 (15 U.S.C. the maximum loan amount established under the outstanding guaranteed portion of the 631 note) as section 50; and clause (i), the Administration shall— loans; and (2) by inserting after section 48 (15 U.S.C. ‘‘(aa) review the request; and ‘‘(bb) with respect to any other covered in- 657u) the following: ‘‘(bb) provide a decision regarding the re- stitution, shall be maintained at a level ‘‘SEC. 49. INNOVATION CENTERS PROGRAM. quest to the covered institution making the equal to 5 percent of the outstanding guaran- ‘‘(a) DEFINITIONS.—In this section: loan. teed portion of the loans; and ‘‘(1) ACCELERATOR.—The term ‘accelerator’ ‘‘(I) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(VI) allow the Administrator to require means an organization— The Administration— additional amounts to be deposited into a ‘‘(A) that— ‘‘(i) shall, in person and online, provide up- loan loss reserve fund established by a cov- ‘‘(i) works with a startup or growing small front and ongoing training and technical as- ered institution under subclause (V) based on business concern for a predetermined period; sistance for covered institutions making the risk characteristics or performance of and loans under the program in order to support the covered institution and the loan port- ‘‘(ii) provides mentorship and instruction prudent lending standards and improve the folio of the covered institution. to scale businesses; and interface between the covered institutions ‘‘(ii) TERMINATION OF PILOT PROGRAM.—Be- ‘‘(B) that may— and the Administration, which shall in- ginning on the date on which the regulations ‘‘(i) provide, but is not exclusively designed clude— promulgated by the Administrator under to provide, seed investment in exchange for a ‘‘(I) guidance for following the regulations clause (i) take effect, the Administrator may small amount of equity; and of the Administration, including best prac- not carry out the Community Advantage ‘‘(ii) offer startup capital or the oppor- tices for maintaining healthy portfolios of Pilot Program of the Administration. tunity to raise capital from outside inves- loans; and ‘‘(L) GAO REPORT.—Not later than 3 years tors. ‘‘(II) directions for covered institutions to after the date of enactment of this para- ‘‘(2) FEDERALLY RECOGNIZED AREA OF ECO- do what is in the best interest of the bor- graph, the Comptroller General of the United NOMIC DISTRESS.—The term ‘federally recog- rowers, including by ensuring to the max- States shall submit to the Administrator, nized area of economic distress’ means— imum extent possible that those borrowers the Committee on Small Business and Entre- ‘‘(A) a HUBZone; or are informed about loans with the most fa- preneurship of the Senate, and the Com- ‘‘(B) an area that has been designated as— vorable terms for those borrowers; mittee on Small Business of the House of ‘‘(i) an empowerment zone under section ‘‘(ii) shall ensure that the training and Representatives a report— 1391 of the Internal Revenue Code of 1986; technical assistance described in clause (i) is ‘‘(i) assessing— ‘‘(ii) a qualified opportunity zone under provided for free or at a low-cost; ‘‘(I) the extent to which the program ful- section 1400Z–1 of the Internal Revenue Code ‘‘(iii) may enter into a contract to provide fills the requirements of this paragraph; and of 1986; the training or technical assistance de- ‘‘(II) the performance of covered institu- ‘‘(iii) a Promise Zone by the Secretary of scribed in clause (i) with an organization tions participating in the program; and Housing and Urban Development; or with expertise in lending under this sub- ‘‘(ii) providing recommendations on the ad- ‘‘(iv) a low-income neighborhood or mod- section, mission-oriented lending, and lend- ministration of the program and the findings erate-income neighborhood for purposes of ing to underserved markets; and under subclauses (I) and (II) of clause (i). the Community Reinvestment Act of 1977 (12 ‘‘(iv) shall ensure that covered institutions ‘‘(M) WORKING GROUP.— U.S.C. 2901 et seq.). adequately report the extent to which the ‘‘(i) IN GENERAL.—Not later than 90 days ‘‘(3) GROWING; NEWLY ESTABLISHED; START- covered institutions take the actions re- after the date of enactment of this para- UP.—The terms ‘growing’, ‘newly estab- quired under clause (i)(II). graph, the Administrator shall establish a lished’, and ‘startup’, with respect to a small ‘‘(J) DELEGATED AUTHORITY.—A covered in- Community Advantage Working Group, business concern, mean growing, newly es- stitution is not eligible to receive delegated which shall— tablished, and startup, respectively, within authority from the Administration under the ‘‘(I) include— the meaning given those terms under section program until the covered institution makes ‘‘(aa) a geographically diverse representa- 7(m). not less than 10 loans under the program, un- tion of members from among covered insti- ‘‘(4) INCUBATOR.—The term ‘incubator’ less the Administration determines other- tutions participating in the program; and means an organization— wise after an opportunity for public com- ‘‘(bb) representatives from— ‘‘(A) that— ment for a period of not less than 30 days be- ‘‘(AA) the Office of Capital Access of the ‘‘(i) tends to work with startup and newly fore implementing such a change. Administration, including the Office of Cred- established small business concerns; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7741 ‘‘(ii) provides mentorship to startup and ‘‘(B) be carried out in such locations as to the extent and in the amounts as are pro- newly established small business concerns; provide maximum accessibility and benefits vided in advance in appropriations Acts. and to the small business concerns that the ‘‘(B) SUSPENSION, TERMINATION, AND FAIL- ‘‘(B) that may— project is intended to serve; URE TO RENEW OR EXTEND.—After the Admin- ‘‘(i) provide a co-working environment or a ‘‘(C) have a full-time staff, including a full- istrator has entered into a cooperative month-to-month lease program; and time director who shall— agreement with an eligible entity under this ‘‘(ii) work with a startup or newly estab- ‘‘(i) have the authority to make expendi- section, the Administrator shall not suspend, lished small business concern for a predeter- tures under the budget of the project; and terminate, or fail to renew or extend the co- mined period or an open-ended period. ‘‘(ii) manage the activities carried out operative agreement unless the Adminis- ‘‘(5) INDIVIDUALS WITH A DISABILITY.—The under the project; trator provides the eligible entity with writ- term ‘individuals with a disability’ means ‘‘(D) include the joint provision of pro- ten notification setting forth the reasons more than one individual with a disability, grams and services by the eligible entity and therefore and affords the eligible entity an as defined in section 3 of the Americans with the Administration, which— opportunity for a hearing, appeal, or other Disabilities Act of 1990 (42 U.S.C. 12102). ‘‘(i) shall be jointly developed, negotiated, administrative proceeding under chapter 5 of ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible and agreed upon, with full participation of title 5, United States Code. entity’ means— both parties, pursuant to an executed coop- ‘‘(e) CRITERIA.— ‘‘(A) an institution described in any of erative agreement between the eligible enti- ‘‘(1) IN GENERAL.—The Administrator paragraphs (1) through (7) of section 371(a) of ty and the Administration; and shall— the Higher Education Act of 1965 (20 U.S.C. ‘‘(ii) shall include— ‘‘(A) establish and rank in terms of rel- 1067q(a)); ‘‘(I) 1-to-1 individual counseling as de- ative importance the criteria the Adminis- ‘‘(B) a junior or community college, as de- scribed in section 21(c)(3)(A); and trator shall use in awarding cooperative fined in section 312 of the Higher Education ‘‘(II) a formal, structured mentorship pro- agreements under this section, which shall Act of 1965 (20 U.S.C. 1058); or gram; include— ‘‘(C) any nonprofit organization associated ‘‘(E) incorporate continuous upgrades and ‘‘(i) whether the proposed project will be with an entity described in subparagraph (A) modifications to the services and programs located in— or (B). offered under the project, as needed to meet ‘‘(I) a federally recognized area of eco- ‘‘(7) RURAL AREA.—The term ‘rural area’ the changing and evolving needs of the busi- nomic distress; has the meaning given that term in section ness community; ‘‘(II) a rural area; or 7(m)(11). ‘‘(F) involve working with underserved ‘‘(III) an area lacking sufficient entrepre- ‘‘(8) SOCIALLY AND ECONOMICALLY DISADVAN- groups, which include— neurial development resources, as deter- TAGED INDIVIDUALS.—The term ‘socially and ‘‘(i) women; mined by the Administrator; and economically disadvantaged individual’ ‘‘(ii) socially and economically disadvan- ‘‘(ii) whether the proposed project dem- means a socially and economically disadvan- taged individuals; onstrates a commitment to partner with taged individual within the meaning given ‘‘(iii) veterans; core stakeholders working with small busi- that term under section 8(d)(3)(C). ‘‘(iv) individuals with disabilities; or ness concerns in the relevant area, includ- ‘‘(b) ESTABLISHMENT.—Not later than 18 ‘‘(v) startup, newly established, or growing ing— months after the date of enactment of the small business concerns located in rural ‘‘(I) investment and lending organizations; Economic Justice Act, the Administrator areas; ‘‘(II) nongovernmental organizations; shall develop and begin implementing a pro- ‘‘(G) not impose or otherwise collect a fee ‘‘(III) programs of State and local govern- gram (to be known as the ‘Innovation Cen- or other compensation in connection with ments that are concerned with aiding small ters Program’) to enter into cooperative participation in the programs and services business concerns; agreements with eligible entities under this described in subparagraph (D)(ii); and ‘‘(IV) Federal agencies; and section. ‘‘(H) ensure that small business concerns ‘‘(V) for-profit organizations with an exper- ‘‘(c) PURPOSES.—The purposes of the Inno- participating in the project have access, in- tise in small business innovation; vation Centers Program are to— cluding through resource partners, to infor- ‘‘(B) make publicly available, including on ‘‘(1) stimulate economic growth in under- mation concerning Federal, State, and local the website of the Administration, and state served communities by creating good paying regulations that affect small business con- in each solicitation for applications for coop- jobs and pathways to prosperity, which are cerns. erative agreements under this section the se- especially important in times of economic ‘‘(3) CONTINUED FUNDING.— lection criteria and ranking established downturn; ‘‘(A) IN GENERAL.—An eligible entity that under subparagraph (A); and ‘‘(2) increase prospects for success for enters into an initial cooperative agreement ‘‘(C) evaluate and rank applicants for coop- small business concerns in underserved com- or a renewal of a cooperative under para- erative agreements under this section in ac- munities, which often suffer from higher graph (1) may submit an application for a 3- cordance with the selection criteria and business failure rates than the national aver- year renewal of the cooperative agreement ranking established under subparagraph (A). age; at such time, in such manner, and accom- ‘‘(2) CONTENTS.—The criteria established ‘‘(3) help create a pipeline for small busi- panied by such information as the Adminis- under paragraph (1)(A)— ness concerns in underserved and rural mar- trator may establish. ‘‘(A) for eligible entities that have in oper- kets into high-growth sectors, where they ‘‘(B) APPLICATION AND APPROVAL CRI- ation an accelerator, incubator, or other are generally underrepresented; TERIA.— small business innovation-focused project ‘‘(4) help address the multi-decade decline ‘‘(i) CRITERIA.—The Administrator shall de- shall include the record of the eligible entity in the rate of new business creation; velop and publish criteria for the consider- in assisting growing, newly established, and ‘‘(5) close the gaps that underserved small ation and approval of applications for renew- startup small business concerns, including, business concerns often have in terms of rev- als by eligible entities under this paragraph, for each of the 3 full years before the date on enue and number of employees, which rep- which shall take into account the structure which the eligible entity applies for a coop- resent lost opportunity for the economy; and and the stated goals of the project. erative agreement under this section, or if ‘‘(6) encourage collaboration between the ‘‘(ii) NOTIFICATION.—Not later than 60 days the accelerator, incubator, or other small Administration and institutions of higher after the date of the deadline to submit ap- business innovation-focused project has been learning that serve low-income and minority plications for each fiscal year, the Adminis- in operation for less than 3 years, for the communities. trator shall approve or deny any application most recent full year the accelerator, incu- ‘‘(d) AUTHORITY.— under this paragraph and notify the appli- bator, or other small business innovation-fo- ‘‘(1) IN GENERAL.—The Administrator cant for each such application. cused project was in operation— may— ‘‘(C) PRIORITY.—In allocating funds made ‘‘(i) the number and retention rate of grow- ‘‘(A) enter into cooperative agreements to available for cooperative agreements under ing, newly established, and startup business provide financial assistance to eligible enti- this section, the Administrator shall give ap- concerns in the program of the eligible enti- ties to conduct 5-year projects for the benefit plications under this paragraph priority over ty; of startup, newly established, or growing first-time applications for cooperative agree- ‘‘(ii) the average period of participation by small business concerns; and ments under paragraph (1)(A). growing, newly established, and startup ‘‘(B) renew a cooperative agreement en- ‘‘(4) LIMIT ON USE OF FUNDS.—Amounts re- small business concerns in the program of tered into under this section for additional 3- ceived by an eligible entity under a coopera- the eligible entity; year periods, in accordance with paragraph tive agreement under this section may not ‘‘(iii) the total and median capital raised (3). be used to provide capital to a participant in by growing, newly established, and startup ‘‘(2) PROJECT REQUIREMENTS.—A project the project carried out under the cooperative small business concerns participating in the conducted under a cooperative agreement agreement. program of the eligible entity; under this section shall— ‘‘(5) SCOPE OF AUTHORITY.— ‘‘(iv) the number of investments or loans ‘‘(A) include operating as an accelerator, ‘‘(A) SUBJECT TO APPROPRIATIONS.—The au- received by growing, newly established, and an incubator, or any other small business in- thority of the Administrator to enter into startup small business concerns partici- novation-focused project as the Adminis- cooperative agreements under this section pating in the program of the eligible entity; trator approves; shall be in effect for each fiscal year only to and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7742 CONGRESSIONAL RECORD — SENATE December 18, 2020 ‘‘(v) the total and median number of em- istration, innovation, and entrepreneurial graph (1) shall not be subject to the match- ployees of growing, newly established, and development. ing requirement under subsection (j). startup small business concerns partici- ‘‘(h) COORDINATION.—In carrying out a ‘‘(4) ADDITIONAL PROVISION.—Notwith- pating in the program of the eligible entity; project under this section, an eligible entity standing any other provision of law, a con- and may coordinate with— tract for assistance under paragraph (1) shall ‘‘(B) for all eligible entities— ‘‘(1) resource and lending partners of the not be applied to any Federal department or ‘‘(i) shall include whether the eligible enti- Administration; agency’s small business, woman-owned busi- ty— ‘‘(2) programs of State and local govern- ness, or socially and economically disadvan- ‘‘(I) indicates the structure and goals of ments that are concerned with aiding small taged business contracting goal under sec- the project; business concerns; and tion 15(g). ‘‘(3) other Federal agencies, including to ‘‘(II) demonstrates ties to the business RIVACY REQUIREMENTS.— provide services to and assist small business ‘‘(l) P community; ‘‘(1) IN GENERAL.—An eligible entity may ‘‘(III) describes the capabilities of the concerns in participating in the SBIR and STTR programs, as defined in section 9(e). not disclose the name, address, or telephone project, including coordination with local re- number of any individual or small business source partners and local or national lending ‘‘(i) FUNDING LIMIT.—The amount of finan- cial assistance provided to an eligible entity concern receiving assistance under this sec- partners of the Administration; tion without the consent of such individual ‘‘(IV) addresses the unique business and under a cooperative agreement entered into under this section shall be not more than or small business concern, unless— economic challenges faced by the commu- $400,000 during each year. ‘‘(A) the Administrator is ordered to make nity in which the eligible entity is located ‘‘(j) MATCHING REQUIREMENT.— such a disclosure by a court in any civil or and businesses in that community; and ‘‘(1) IN GENERAL.—An eligible entity shall criminal enforcement action initiated by a ‘‘(V) provides a proposed budget and plan contribute toward the cost of the project Federal or State agency; or for use of funds; and carried out under the cooperative agreement ‘‘(B) the Administrator considers such a ‘‘(ii) may include any other criteria deter- under this section an amount equal to 50 per- disclosure to be necessary for the purpose of mined appropriate by the Administrator. cent of the amount received under the coop- conducting a financial audit of an eligible ‘‘(f) PROGRAM EXAMINATION.— erative agreement. entity, but a disclosure under this subpara- ‘‘(1) IN GENERAL.—The Administrator ‘‘(2) IN-KIND CONTRIBUTIONS.—Not more graph shall be limited to the information shall— than 75 percent of the contribution of an eli- necessary for such audit. ‘‘(A) develop and implement an annual pro- gible entity under paragraph (1) may be in ‘‘(2) ADMINISTRATION USE OF INFORMATION.— grammatic and financial examination of the form of in-kind contributions. This subsection shall not— each project conducted under this section, ‘‘(3) WAIVER.— ‘‘(A) restrict Administration access to pro- under which each eligible entity entering ‘‘(A) IN GENERAL.—If the Administrator de- gram activity data; or into a cooperative agreement under this sec- termines that an eligible entity is unable to ‘‘(B) prevent the Administration from tion shall provide to the Administrator— meet the contribution requirement under using client information (other than the in- ‘‘(i) an itemized cost breakdown of actual paragraph (1), the Administrator may reduce formation described in subparagraph (A)) to expenditures for costs incurred during the the required contribution. conduct client surveys. preceding year; and ‘‘(B) PRESUMPTION.— ‘‘(3) REGULATIONS.—The Administrator ‘‘(ii) documentation regarding— ‘‘(i) IN GENERAL.—The Administration shall issue regulations to establish standards ‘‘(I) the amount of matching assistance shall, by regulation, establish criteria to de- for requiring disclosures during a financial from non-Federal sources obtained and ex- termine which eligible entities are presumed audit under paragraph (1)(B). pended by the eligible entity during the pre- to be unable to meet the contribution re- ‘‘(m) PUBLICATION OF INFORMATION.—The ceding year in order to meet the matching quirement under paragraph (1). Administrator shall— requirement; and ‘‘(ii) STAKEHOLDERS.—In establishing the ‘‘(1) publish information about the pro- ‘‘(II) with respect to any in-kind contribu- criteria under clause (i), the Administrator gram under this section online, including— tions that were used to satisfy the matching shall work with stakeholders immediately ‘‘(A) on the website of the Administration; requirement, verification of the existence impacted by the criteria. and and valuation of those contributions; and ‘‘(iii) PERIODIC REVIEW.—The Administra- ‘‘(B) on the social media of the Administra- ‘‘(B) analyze the results of each examina- tion shall periodically, but not less than tion; and tion conducted under subparagraph (A) and, once every 5 years, review the criteria estab- ‘‘(2) request that the resource and lending based on that analysis, make a determina- lished under clause (i) to ensure that the cri- partners of the Administration and the dis- tion regarding the programmatic and finan- teria align with economic conditions. trict offices of the Administration publicize cial viability of each eligible entity. ‘‘(4) FAILURE TO OBTAIN NON-FEDERAL FUND- the program. ‘‘(2) CONDITIONS FOR CONTINUED FUNDING.— ING.—If an eligible entity fails to obtain the In determining whether to continue or renew required non-Federal contribution during ‘‘(n) ANNUAL REPORTING.—Not later than 1 a cooperative agreement under this section, any project, or the reduced non-Federal con- year after the date on which the Adminis- the Administrator— tribution as determined by the Adminis- trator establishes the program under this ‘‘(A) shall consider the results of the most trator— section, and every year thereafter, the Ad- recent examination of the project under ‘‘(A) the eligible entity shall not be eligi- ministrator shall submit to Congress a re- paragraph (1); and ble thereafter for any other project for which port on the activities under the program, in- ‘‘(B) may terminate or not renew a cooper- it is or may be funded by the Administra- cluding— ative agreement, if the Administrator deter- tion; and ‘‘(1) a list of all eligible entities partici- mines that the eligible entity has failed to ‘‘(B) prior to approving assistance for the pating in the program; provide any information required to be pro- eligible entity for any other projects, the Ad- ‘‘(2) the number of startup, newly estab- vided (including information provided for the ministrator shall specifically determine lished, and growing small business concerns purpose of the annual report by the Adminis- whether the Administrator believes that the participating in the project carried out by trator under subsection (n)) or the informa- eligible entity will be able to obtain the req- each eligible entity under a cooperative tion provided by the eligible entity is inad- uisite non-Federal funding and enter a writ- agreement under this section (in this para- equate. ten finding setting forth the reasons for graph referred to as ‘participants’), including ‘‘(g) TRAINING AND TECHNICAL ASSIST- making that determination. a breakdown of the owners of the partici- pants by race, gender, veteran status, and ANCE.—The Administrator— ‘‘(5) RULE OF CONSTRUCTION.—The dem- ‘‘(1) shall provide in person or online train- onstrated inability of an eligible entity to urban versus rural location; ing and technical assistance to each eligible meet the contribution requirement under ‘‘(3) the retention rate for participants; entity entering into a cooperative agreement paragraph (1) shall not disqualify the eligible ‘‘(4) the total and median amount of cap- under this section at the beginning of the entity from entering into a cooperative ital accessed by participants, including the participation of the eligible entity in the In- agreement under this section. type of capital accessed; novation Centers Program, or as requested ‘‘(k) CONTRACT AUTHORITY.— ‘‘(5) the total and median number of em- by the eligible entity, in order to build the ‘‘(1) IN GENERAL.—An eligible entity may ployees of participants; capacity of the eligible entity and ensure enter into a contract with a Federal depart- ‘‘(6) the number and median wage of jobs compliance with procedures established by ment or agency to provide specific assistance created by participants; the Administrator; to startup, newly established, or growing ‘‘(7) the number of jobs sustained by par- ‘‘(2) shall ensure that the training and small business concerns. ticipants; and technical assistance described in paragraph ‘‘(2) PERFORMANCE.—Performance of a con- ‘‘(8) information regarding such other (1) is provided at no cost or at a low cost; and tract entered into under paragraph (1) may metrics as the Administrator determines ap- ‘‘(3) may enter into a contract to provide not hinder the eligible entity in carrying out propriate. the training or technical assistance de- the terms of the cooperative agreement ‘‘(o) FUNDING.— scribed in paragraph (1) with 1 or more orga- under this section. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— nizations with expertise in the entrepre- ‘‘(3) EXEMPTION FROM MATCHING REQUIRE- There are authorized to be appropriated to neurial development programs of the Admin- MENT.—A contract entered into under para- carry out this section—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7743 ‘‘(A) $4,000,000 for the first fiscal year be- ‘‘(ii) be in the Senior Executive Service. are socially or economically disadvantaged ginning after the date of enactment of the ‘‘(B) DUTIES.—The Director shall— individuals; Economic Justice Act; ‘‘(i) create and implement strategies and (C) develop recommendations for paid in- ‘‘(B) $7,500,000 for the second fiscal year be- programs that provide an integrated ap- ternships at the Office of Investment and In- ginning after such date of enactment; and proach to the development of small business novation of the Administration and paid ap- ‘‘(C) $12,000,000 for each of the third, fourth, concerns in an underserved market; prenticeships at small business investment and fifth fiscal years beginning after such ‘‘(ii) develop and recommend policies con- companies to build a pipeline of investment date of enactment. cerning the microloan program and any managers who are diverse; ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the other access to capital program of the Ad- (D) develop incentives for small business amount made available to carry out this sec- ministration, as such programs pertain to investment companies to invest in socially tion for any fiscal year, not more than 10 small business concerns in an underserved and economically disadvantaged small busi- percent may be used by the Administrator market; ness concerns, as defined in section 8(4)(A) of for administrative expenses.’’. ‘‘(iii) establish partnerships to advance the the Small Business Act (15 U.S.C. (b) REGULATIONS.—The Administrator shall goal of improving the economic success of 637(a)(4)(A)); and promulgate regulations to carry out section small business concerns in an underserved (E) establish metrics of success, and bench- 49 of the Small Business Act, as added by market; marks for success, with respect to the goals subsection (a). ‘‘(iv) review the effectiveness and impact described in this section. SEC. 4103. OFFICE OF EMERGING MARKETS. of the microloan program and any other ac- (2) AVAILABILITY OF MEETINGS.—The Work- Section 7 of the Small Business Act (15 cess to capital program of the Administra- ing Group may make the meetings of the U.S.C. 636) is amended by adding at the end tion that is targeted to serve small business Working Group open to the public without the following: concerns in an underserved market; and regard to whether those meetings are held ‘‘(o) OFFICE OF EMERGING MARKETS.— ‘‘(v) within 1 year of the establishment of in-person, virtually, or by some other means. ‘‘(1) PURPOSE.—The purpose of this office is the Office— (3) REPORT.—Not later than 270 days after to reduce the access to capital gap by pro- ‘‘(I) create a proposal, in collaboration the date of enactment of this Act, the Work- viding an integrated approach to the devel- with lenders under section 7(a) and any asso- ing Group shall submit to the Committee on opment of small business concerns in under- ciation that represents those lenders, for Small Business and Entrepreneurship of the served markets, including minority- and how those lenders should incorporate alter- Senate and the Committee on Small Busi- women-owned businesses, implementing native metrics to traditional credit scores ness of the House of Representatives a report strategy and providing guidance so they do for the purposes of determining approvals that includes— not get left behind. under section 7(a); and (A) the recommendations of the Working ‘‘(2) DEFINITIONS.—In this subsection— ‘‘(II) put forward a public plan for how the Group developed under paragraph (1); and ‘‘(A) the term ‘Associate Administrator’ means the Associate Administrator of the Administration will adequately reach the ac- (B) a recommended plan and timeline for Office of Capital Access of the Administra- cess to capital needs of underserved markets. implementing the recommendations de- tion; ‘‘(C) CONSULTATION.—In carrying out the scribed in subparagraph (A). ‘‘(B) the term ‘Director’ means the Direc- duties under this paragraph, the Director (4) TERMINATION.—The Working Group tor of the Office of Emerging Markets; shall consult with district offices of the Ad- shall terminate on the date on which the ‘‘(C) the term ‘microloan program’ means ministration.’’. Working Group submits the report required the program described in subsection (m); SEC. 4104. SBIC DIVERSITY WORKING GROUP. under paragraph (3). ‘‘(D) the terms ‘new business’ and ‘small (a) DEFINITIONS.—In this section— (5) APPLICABILITY OF FEDERAL ADVISORY business concern in an underserved market’ (1) the term ‘‘Administration’’ means the COMMITTEE ACT.—The Federal Advisory Com- have the meanings given those terms in sub- Small Business Administration; mittee Act (5 U.S.C. App.) shall not apply section (a)(37); (2) the term ‘‘Administrator’’ means the with respect to the Working Group or the ac- ‘‘(E) the term ‘Reservist’ means a member Administrator of the Administration; and tivities of the Working Group. of a reserve component of the Armed Forces (3) the term ‘‘small business investment Subtitle B—Minority Business Resiliency named in section 10101 of title 10, United company’’ has the meaning given the term in States Code; section 103 of the Small Business Investment SEC. 4201. SHORT TITLE. ‘‘(F) the term ‘rural area’ has the meaning Act of 1958 (15 U.S.C. 662). This subtitle may be cited as the ‘‘Minor- given the term in subsection (m)(11); (b) WORKING GROUP.— ity Business Resiliency Act of 2020’’. ‘‘(G) the term ‘service-connected’ has the (1) IN GENERAL.—Not later than 90 days meaning given the term in section 101 of after the date of enactment of this Act, the SEC. 4202. FINDINGS AND PURPOSES. title 38, United States Code; and Administrator shall establish an SBIC Diver- (a) FINDINGS.—Congress finds the fol- ‘‘(H) the term ‘small business concern sity Working Group (referred to in this sub- lowing: owned and controlled by socially and eco- section as the ‘‘Working Group’’), which (1) During times of economic downturn or nomically disadvantaged individuals’ has the shall— recession, communities of color, and busi- meaning given the term in section 8(d)(3)(C). (A) include— nesses within those communities, are gen- ‘‘(3) ESTABLISHMENT.—There is established (i) representatives among general partners erally more adversely affected, which re- within the Administration the Office of of small business investment companies with quires an expansion of the ability of the Fed- Emerging Markets, which shall be— a demonstrated record of promoting diver- eral Government to infuse resources into ‘‘(A) under the general management and sity at those companies; those communities. oversight of the Administration; and (ii) representatives from small business in- (2) Despite the growth in the number of mi- ‘‘(B) responsible for the planning, coordina- vestment companies with a demonstrated nority business enterprises, gaps remain tion, implementation, evaluation, and im- record of investing in small business con- with respect to key metrics for those enter- provement of the efforts of the Adminis- cerns with not less than 1 owner or president prises, such as access to capital, revenue, trator to enhance the economic well-being of who is socially or economically disadvan- number of employees, and survival rate. Spe- small business concerns in an underserved taged, as determined under section 8(a) of cifically— market. the Small Business Act (15 U.S.C. 637(a)); (A) according to the Department of Com- ‘‘(4) PURPOSES.—The purposes of the Office (iii) representatives from small business merce, minority business enterprises are 2 to of Emerging Markets are— investment companies with substantial expe- 3 times more likely to be denied loans than ‘‘(A) to provide the Administration with an rience with respect to the program carried non-minority business enterprises; integrated approach to the development of out under title III of the Small Business In- (B) according to the Bureau of the Census, small business concerns in an underserved vestment Act of 1958 (15 U.S.C. 681 et seq.); the average non-minority business enterprise market; (iv) representatives from the Office of In- reports receipts that are more than 3 times ‘‘(B) to reignite economic opportunity for vestment and Innovation of the Administra- higher than receipts reported by the average underserved markets, particularly after an tion; and minority business enterprise; and economic downturn; and (v) representatives from the investment in- (C) according to the Kauffman Founda- ‘‘(C) to oversee the expansion of access to dustry and academia with expertise in devel- tion— capital programs that meet the needs of un- oping and monitoring diversity in the invest- (i) minority business enterprises are 1⁄2 as derserved markets. ment industry; likely to employ individuals, as compared ‘‘(5) DIRECTOR.— (B) develop recommendations regarding with non-minority business enterprises; and ‘‘(A) IN GENERAL.—Not later than 180 days how the Administrator could increase the (ii) if minorities started and owned busi- after the date of enactment of this sub- number of— nesses at the same rate as non-minorities, section, the Administrator shall appoint a (i) applicants to become small business in- the United States economy would have more Director of the Office of Emerging Markets, vestment companies, the management of than 1,000,000 additional employer businesses who shall— which includes individuals who are socially and more than 9,500,000 additional jobs. ‘‘(i) supervise the Office of Emerging Mar- or economically disadvantaged; and (3) Because of the conditions described in kets and report to the Associate Adminis- (ii) the number of general partners at paragraph (2), it is in the interest of the trator; and small business investment companies who United States and the economy of the United

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States to expeditiously ameliorate the dis- (6) INSTITUTION OF HIGHER EDUCATION.—The (c) REPORT TO CONGRESS.—Not later than parities that minority business enterprises term ‘‘institution of higher education’’ has 120 days after the date of enactment of this experience. the meaning given the term in section 101 of Act, the Secretary shall submit to Congress (4) Many individuals who own minority the Higher Education Act of 1965 (20 U.S.C. a report that describes— business enterprises are socially disadvan- 1001). (1) the organizational structure of the taged because those individuals identify as (7) MINORITY BUSINESS ENTERPRISE.—The Agency; members of certain groups that have suffered term ‘‘minority business enterprise’’ means (2) the organizational position of the Agen- the effects of discriminatory practices or a for-profit business enterprise— cy within the Department of Commerce; and similar circumstances over which those indi- (A) that is not less than 51 percent-owned (3) a description of how the Agency shall viduals have no control, including individ- by 1 or more socially disadvantaged individ- function in relation to the operations carried uals who are— uals; and out by each other component of the Depart- (A) Black or African American; (B) the management and daily business op- ment of Commerce. (B) Hispanic or Latino; erations of which are controlled by 1 or more (d) OFFICE OF BUSINESS CENTERS.— (C) American Indian or Alaska Native; socially disadvantaged individuals. (1) ESTABLISHMENT.—There is established (D) Asian; and (8) PRIVATE SECTOR ENTITY.—The term within the Agency an Office of Business Cen- (E) Native Hawaiian or other Pacific Is- ‘‘private sector entity’’— ters. lander. (A) means an entity that is not a public (2) DIRECTOR.—The Office of Business Cen- (5) Discriminatory practices and similar sector entity; and ters shall be administered by a Director, who circumstances described in paragraph (4) are (B) does not include— shall be appointed by the Assistant Sec- a significant determinant of overall eco- (i) the Federal Government; retary. nomic disadvantage in the United States, (ii) any Federal agency; or (e) OFFICES OF THE AGENCY.— which is evident in the persistent racial (iii) any instrumentality of the Federal (1) IN GENERAL.—The Assistant Secretary wealth gap in the United States. Government. shall establish such other offices within the (6) While other Federal agencies focus only (9) PUBLIC SECTOR ENTITY.—The term ‘‘pub- Agency as are necessary to carry out this on small businesses and businesses that rep- lic sector entity’’ means— subtitle. resent a broader demographic than solely (A) a State; (2) REGIONAL OFFICES.— minority business enterprises, the Agency (B) an agency of a State; (A) IN GENERAL.—In order to carry out this focuses exclusively on— (C) a political subdivision of a State; or subtitle, the Assistant Secretary may estab- (A) the unique needs of minority business (D) an agency of a political subdivision of lish a regional office of the Agency for each enterprises; and a State. of the regions of the United States, as deter- (B) enhancing the capacity of minority (10) SECRETARY.—The term ‘‘Secretary’’ mined by the Assistant Secretary. business enterprises. means the Secretary of Commerce. (B) DUTIES.—Each regional office estab- (b) PURPOSES.—The purposes of this sub- (11) SOCIALLY DISADVANTAGED INDIVIDUAL.— lished under subparagraph (A) shall expand title are to— (A) IN GENERAL.—The term ‘‘socially dis- the reach of the Agency and enable the Fed- (1) require the Agency to promote and ad- advantaged individual’’ means an individual eral Government to better serve the needs of minister programs in the public and private who has been subjected to racial or ethnic minority business enterprises in the region sectors to assist the development of minor- prejudice or cultural bias because of the served by the office, including by— ity business enterprises; and identity of the individual as a member of a (i) understanding and participating in the (2) achieve the development described in group, without regard to any individual business environment of that region; paragraph (1) by authorizing the Assistant quality of the individual that is unrelated to (ii) working with— Secretary to carry out programs that will re- that identity. (I) Centers, as that term is defined in sec- sult in increased access to capital, manage- (B) PRESUMPTION.—In carrying out this tion 4232, that are located in that region; and ment, and technology for minority business subtitle, the Assistant Secretary shall pre- (II) resource and lending partners of the enterprises. sume that the term ‘‘socially disadvantaged Small Business Administration that are lo- SEC. 4203. DEFINITIONS. individual’’ includes any individual who is— cated in that region; In this subtitle: (i) Black or African American; (iii) being aware of business retention or (1) AGENCY.—The term ‘‘Agency’’ means (ii) Hispanic or Latino; expansion programs specific to that region; the Minority Business Development Agency (iii) American Indian or Alaska Native; (iv) seeking out opportunities to collabo- of the Department of Commerce. (iv) Asian; rate with regional public and private pro- (2) ASSISTANT SECRETARY.—The term ‘‘As- (v) Native Hawaiian or other Pacific Is- grams that focus on minority business enter- sistant Secretary’’ means the Assistant Sec- lander; or prises; and retary of Commerce for Minority Business (vi) a member of a group that the Minority (v) promoting business continuity and pre- Development who is appointed as described Business Development Agency determines paredness. in section 4204(b) to administer this subtitle. under part 1400 of title 15, Code of Federal CHAPTER 1—COVID–19 RAPID RESPONSE (3) FEDERAL AGENCY.—The term ‘‘Federal Regulations, as in effect on November 23, SEC. 4211. EMERGENCY APPROPRIATION. agency’’ has the meaning given the term 1984, is a socially disadvantaged group eligi- There is appropriated to the Agency for fis- ‘‘agency’’ in section 551 of title 5, United ble to receive assistance. cal year 2021, out of any money in the Treas- States Code. (12) STATE.—The term ‘‘State’’ means— ury not otherwise appropriated, $60,000,000 to (4) FEDERALLY RECOGNIZED AREA OF ECO- (A) each of the States of the United States; NOMIC DISTRESS.—The term ‘‘federally recog- provide assistance to minority business en- (B) the District of Columbia; terprises affected by the economic downturn nized area of economic distress’’ means— (C) the Commonwealth of Puerto Rico; (A) a HUBZone, as that term is defined in caused by the COVID–19 pandemic, which (D) the United States Virgin Islands; shall remain available until expended. section 31(b) of the Small Business Act (15 (E) Guam; CHAPTER 2—EXISTING INITIATIVES U.S.C. 657a(b)); (F) American Samoa; (B) an area that— (G) the Commonwealth of the Northern Subchapter A—Market Development, (i) has been designated as— Mariana Islands; and Research, and Information (I) an empowerment zone under section (H) each Indian Tribe. SEC. 4221. PRIVATE SECTOR DEVELOPMENT. 1391 of the Internal Revenue Code of 1986; or SEC. 4204. MINORITY BUSINESS DEVELOPMENT The Assistant Secretary shall, whenever (II) a Promise Zone by the Secretary of AGENCY. the Assistant Secretary determines such ac- Housing and Urban Development; or (a) IN GENERAL.—There is within the De- tion is necessary or appropriate— (ii) is a low or moderate income area, as partment of Commerce the Minority Busi- (1) assist minority business enterprises to determined by the Bureau of the Census; ness Development Agency. penetrate domestic and foreign markets by (C) a qualified opportunity zone, as that (b) ASSISTANT SECRETARY.— making available to those business enter- term is defined in section 1400Z–1 of the In- (1) APPOINTMENT AND DUTIES.—The Agency prises, either directly or in cooperation with ternal Revenue Code of 1986; or shall be headed by an Assistant Secretary of private sector entities, including commu- (D) any other political subdivision or unin- Commerce for Minority Business Develop- nity-based organizations and national non- corporated area of a State determined by the ment, who shall be— profit organizations— Assistant Secretary to be an area of eco- (A) appointed by the President, by and (A) resources relating to management; nomic distress. with the advice and consent of the Senate; (B) technological assistance; (5) INDIAN TRIBE.— and (C) financial and marketing services; and (A) IN GENERAL.—Subject to subparagraph (B) except as otherwise expressly provided, (D) services relating to workforce develop- (B), the term ‘‘Indian Tribe’’ has the mean- responsible for the administration of this ment; ing given the term ‘‘Indian tribe’’ in section subtitle. (2) encourage minority business enterprises 4 of the Indian Self-Determination and Edu- (2) COMPENSATION.—The Assistant Sec- to establish joint ventures and projects— cation Assistance Act (25 U.S.C. 5304). retary shall be compensated at an annual (A) with other minority business enter- (B) NATIVE HAWAIIAN ORGANIZATION.—The rate of basic pay prescribed for level IV of prises; or term ‘‘Indian Tribe’’ includes a Native Ha- the Executive Schedule under section 5315 of (B) in cooperation with public sector enti- waiian organization. title 5, United States Code. ties or private sector entities, including

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7745 community-based organizations and national (1) assist minority business enterprises (A) operate on a fee-for-service basis; and nonprofit organizations, to increase the to— (B) generate income through the collection share of any market activity being per- (A) access capital and contracts; and of— formed by minority business enterprises; and (B) create and maintain jobs; (i) client fees; (3) facilitate the efforts of private sector (2) provide counseling and mentoring to (ii) membership fees; entities and Federal agencies to advance the minority business enterprises; and (iii) success fees; and growth of minority business enterprises. (3) facilitate the growth of minority busi- (iv) any other appropriate fees proposed by SEC. 4222. PUBLIC SECTOR DEVELOPMENT. ness enterprises by promoting trade. the Center in the application submitted by The Assistant Secretary shall, whenever SEC. 4232. DEFINITIONS. the Center for the MBDC agreement. the Assistant Secretary determines such ac- In this subtitle: (b) TERM.—Subject to subsection (g), the tion is necessary or appropriate— (1) CENTER.—The term ‘‘Center’’ means an term of an MBDC agreement shall be 3 years. (1) consult and cooperate with public sec- eligible entity that enters into an MBDC (c) FINANCIAL ASSISTANCE.— tor entities for the purpose of leveraging re- agreement with the Assistant Secretary. (1) MINIMUM AMOUNT.—Subject to para- sources available in the jurisdictions of (2) ELIGIBLE ENTITY.—Except as otherwise graph (2), the amount of financial assistance those public sector entities to promote the expressly provided, the term ‘‘eligible enti- provided by the Assistant Secretary under position of minority business enterprises in ty’’— an MBDC agreement shall be not less than the local economies of those public sector (A) means— $250,000 for the term of the MBDC agreement. entities, including by assisting public sector (i) a private sector entity; or (2) ADDITIONAL AMOUNTS.—In determining entities to establish or enhance— (ii) a public sector entity; and whether to award financial assistance under (A) programs to procure goods and services (B) includes an institution of higher edu- an MBDC agreement to a Center in an through minority business enterprises and cation. amount greater than $250,000, the Assistant goals for that procurement; (3) MBDC AGREEMENT.—The term ‘‘MBDC Secretary shall take into consideration the (B) programs offering assistance relating agreement’’ means a collaborative agree- cost of living and the size of the population to— ment entered into between the Assistant in the area in which the Center is located. (i) management; Secretary and a Center under the MBDC Pro- (3) MATCHING REQUIREMENT.— (ii) technology; gram. (A) IN GENERAL.—A Center shall match not (4) MBDC PROGRAM.—The term ‘‘MBDC (iii) financing; less than 1⁄3 of the amount of the financial (iv) marketing; and Program’’ means the program established assistance awarded to the Center under an (v) workforce development; and under section 4233. MBDC agreement. (C) informational programs designed to in- SEC. 4233. ESTABLISHMENT. (B) FORM OF FUNDS.—A Center may meet form minority business enterprises located (a) IN GENERAL.—Subject to subsection (b), the matching requirement under subpara- in the jurisdictions of those public sector en- there is established in the Agency a pro- graph (A) using cash or in-kind contribu- tities about the availability of programs de- gram— tions, without regard to whether the con- scribed in this section; (1) that shall be known as the Minority tribution is made by a third party. Business Development Centers Program; (2) meet with leaders and officials of public (4) USE OF FINANCIAL ASSISTANCE AND PRO- (2) that shall be separate and distinct from sector entities for the purpose of recom- GRAM INCOME.—A Center shall use— mending and promoting local administrative the efforts of the Assistant Secretary under (A) all financial assistance awarded to the and legislative initiatives needed to advance section 4221; and Center under an MBDC agreement to carry the position of minority business enterprises (3) under which the Assistant Secretary out the requirements under subsection (a); in the local economies of those public sector shall enter into cooperative agreements with and entities; and eligible entities under which, in accordance (B) all income that the Center generates in (3) facilitate the efforts of public sector en- with section 4234— carrying out the requirements under sub- tities and Federal agencies to advance the (A) the eligible entities shall provide tech- section (a)— growth of minority business enterprises. nical assistance and business development (i) to meet the matching requirement services to minority business enterprises; SEC. 4223. RESEARCH AND INFORMATION. under paragraph (3) of this subsection; and and (a) IN GENERAL.—In order to achieve the (ii) if the Center meets the matching re- purposes of this subtitle, the Assistant Sec- (B) the Assistant Secretary shall provide quirement under paragraph (3) of this sub- retary— financial assistance to the eligible entities section, to carry out the requirements under (1) shall— to carry out the activities described in sub- subsection (a). paragraph (A). (A) collect and analyze data, including (d) CRITERIA FOR SELECTION.—The Assist- (b) COVERAGE.—The Assistant Secretary data relating to the causes of the success or shall take all necessary actions to ensure ant Secretary shall— failure of minority business enterprises; that the MBDC Program, in accordance with (1) establish— (B) perform evaluations of programs car- section 4234, offers the services described in (A) criteria that— ried out by Federal agencies with an empha- subsection (a)(3)(A) in all regions of the (i) the Assistant Secretary shall use in de- sis on increasing coordination between Fed- United States. termining whether to enter into an MBDC eral agencies with respect to the develop- (c) SCOPE OF AUTHORITY.—The authority of agreement with an eligible entity; and ment of minority business enterprises; and the Assistant Secretary to enter into MBDC (ii) may include criteria relating to wheth- (C) conduct research, studies, and surveys agreements shall be effective each fiscal year er an eligible entity is located in— of— only to the extent that amounts are made (I) an area, the population of which is com- (i) economic conditions generally in the available to the Assistant Secretary under posed of not less than 51 percent socially dis- United States; and applicable appropriations Acts. advantaged individuals; (ii) how the conditions described in clause SEC. 4234. COOPERATIVE AGREEMENTS. (II) a federally recognized area of economic (i) particularly affect the development of mi- (a) REQUIREMENTS.—A Center shall, using distress; or nority business enterprises; and financial assistance awarded to the Center (III) a State that is underserved with re- (2) may, at the request of a public sector under an MBDC agreement— spect to the MBDC program, as defined by entity or a private sector entity, perform an (1) provide to minority business enterprises the Assistant Secretary; and evaluation of programs carried out by the programs and services determined to be ap- (B) standards relating to the consideration entity that are designed to assist the devel- propriate by the Assistant Secretary, given to the criteria established under sub- opment of minority business enterprises. which— paragraph (A); and (b) INFORMATION CLEARINGHOUSE.—The As- (A) shall include referral services to meet (2) make the criteria and standards estab- sistant Secretary shall— the needs of minority business enterprises; lished under paragraph (1) publicly available, (1) establish and maintain an information and including— clearinghouse for the collection and dissemi- (B) may include programs and services to (A) on the website of the Agency; and nation of demographic, economic, financial, accomplish the goals described in section (B) in each solicitation for applications for managerial, and technical data relating to 4221(1); MBDC agreements. minority business enterprises; and (2) develop, cultivate, and maintain a net- (e) APPLICATIONS.—An eligible entity desir- (2) take such steps as the Assistant Sec- work of strategic partnerships with organi- ing to enter into an MBDC agreement shall retary may determine to be necessary and zations that foster access by minority busi- submit to the Assistant Secretary an appli- desirable to search for, collect, classify, co- ness enterprises to economic markets or con- cation that includes— ordinate, integrate, record, and catalog the tracts; (1) a statement of— data described in paragraph (1). (3) continue to upgrade and modify the (A) how the eligible entity will meet the Subchapter B—Minority Business services provided by the Center, as nec- requirements under subsection (a); and Development Center Program essary, in order to meet the changing and (B) any experience of the eligible entity SEC. 4231. PURPOSE. evolving needs of the business community; in— The purpose of the MBDC Program shall be (4) collaborate with other Centers; and (i) assisting minority business enterprises to create a national network of public-pri- (5) in providing programs and services to— vate partnerships that— under the MBDC agreement— (I) obtain—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7746 CONGRESSIONAL RECORD — SENATE December 18, 2020 (aa) large-scale contracts or procurements; Centers in carrying out the requirements CHAPTER 3—NEW INITIATIVES TO PRO- or under subsection (a), including by— MOTE ECONOMIC RESILIENCY FOR MI- (bb) financing; (1) providing to each Center training relat- NORITY BUSINESSES (II) access established supply chains; and ing to the MBDC Program; SEC. 4241. ANNUAL DIVERSE BUSINESS FORUM (III) engage in— (2) requiring that the operator and staff of ON CAPITAL FORMATION. (aa) joint ventures, teaming arrangements, each Center— (a) RESPONSIBILITY OF AGENCY.—Not later and mergers and acquisitions; or (A) attend— than 18 months after the date of enactment (bb) large-scale transactions in global mar- (i) a conference with the Agency to estab- of this Act, and annually thereafter, the kets; and lish the services and programs that the Cen- Agency shall conduct a Government-business (ii) advocating for minority business enter- ter will provide in carrying out the require- forum to review the current status of prob- prises; and ments before the date on which the Center lems and programs relating to capital forma- (2) the budget and corresponding budget begins providing those services and pro- tion by minority business enterprises. narrative that the eligible entity will use in grams; and (b) PARTICIPATION IN FORUM PLANNING.— carrying out the requirements under sub- (ii) training provided under paragraph (1); The Assistant Secretary shall invite the section (a) during the term of the MBDC (B) receive necessary advising relating to heads of other Federal agencies, such as the agreement. carrying out the requirements under sub- Chairman of the Securities and Exchange (f) NOTIFICATION.—If the Assistant Sec- section (a); and Commission, the Secretary of the Treasury, and the Chairman of the Board of Governors retary grants an application of an eligible (C) work in coordination and collaboration of the Federal Reserve System, organiza- entity submitted under subsection (e), the with the Assistant Secretary to carry out tions representing State securities commis- Assistant Secretary shall notify the eligible the MBDC Program and other programs of sioners, representatives of leading minority entity that the application has been granted the Agency; not later than 150 days after the last day on chambers of commerce, business organiza- (3) facilitating connections between Cen- tions, and professional organizations con- which an application may be submitted ters and— under that subsection. cerned with capital formation to participate (A) Federal agencies other than the Agen- in the planning of each forum conducted (g) PROGRAM EXAMINATION; ACCREDITATION; cy, including the Small Business Adminis- EXTENSIONS.— under subsection (a). tration and the Economic Development Ad- (1) EXAMINATION.—Not later than 180 days (c) PREPARATION OF STATEMENTS AND RE- ministration of the Department of Com- after the date of enactment of this Act, and PORTS.— merce; and biennially thereafter, the Assistant Sec- (1) REQUESTS.—The Assistant Secretary (B) other institutions or entities that use retary shall conduct a programmatic finan- may request that any head of a Federal de- Federal resources, including— cial examination of each Center. partment, agency, or organization, including (i) small business development centers, as those described in subsection (b), or any (2) ACCREDITATION.—The Assistant Sec- that term is defined in section 3(t) of the retary may provide financial support, by other group or individual, prepare a state- Small Business Act (15 U.S.C. 632(t)); contract or otherwise, to an association, not ment or report to be delivered at any forum (ii) women’s business centers described in less than 51 percent of the members of which conducted under subsection (a). section 29 of the Small Business Act (15 OOPERATION.—Any head of a Federal are Centers, to— (2) C U.S.C. 656); department, agency, or organization who re- (A) pursue matters of common concern (iii) eligible entities, as that term is de- ceives a request under paragraph (1) shall, to with respect to Centers; and fined in section 2411 of title 10, United States the greatest extent practicable, cooperate (B) develop an accreditation program with Code, that provide services under the pro- with the Assistant Secretary to fulfill that respect to Centers. gram carried out under chapter 142 of that request. (3) EXTENSIONS.— title; and (d) TRANSMITTAL OF PROCEEDINGS AND (A) IN GENERAL.—The Assistant Secretary (iv) entities participating in the Hollings FINDINGS.—The Assistant Secretary shall— may extend the term under subsection (b) of Manufacturing Extension Partnership Pro- (1) prepare a summary of the proceedings an MBDC agreement to which a Center is a gram established under section 25 of the Na- of each forum conducted under subsection party to a term of 5 years, if the Center con- tional Institute of Standards and Technology (a), which shall include the findings and rec- sents to the extension. Act (15 U.S.C. 278k); ommendations of the forum; and (B) FINANCIAL ASSISTANCE.—If the Assist- (4) monitoring projects carried out by each (2) transmit the summary described in ant Secretary extends the term of an MBDC Center; and paragraph (1) with respect to each forum agreement under paragraph (1), the Assistant (5) establishing and enforcing administra- conducted under subsection (a) to— Secretary shall, in the same manner and tive and reporting requirements for each (A) the participants in the forum; amount in which financial assistance was Center to carry out the requirements under (B) Congress; and provided during the initial term of the subsection (a). (C) the public, through a publicly available MBDC agreement, provide financial assist- website. ance under the MBDC agreement during the (k) REGULATIONS.—The Assistant Secretary (e) REVIEW OF FINDINGS AND RECOMMENDA- extended term of the MBDC agreement. shall issue and publish regulations that es- TIONS; PUBLIC STATEMENTS.— (h) PRIORITY.—In entering into MBDC tablish minimum standards regarding (1) IN GENERAL.—A Federal agency to agreements under the MBDC Program and verification of minority business enterprise which a finding or recommendation de- extending MBDC agreements under sub- status for clients of entities operating under scribed in subsection (d)(1) relates shall— section (g)(3), the Assistant Secretary shall the MBDC Program. (A) review that finding or recommenda- give priority to extending MBDC agreements tion; and under subsection (g)(3). SEC. 4235. MINIMIZING DISRUPTIONS TO EXIST- (B) promptly after the finding or rec- (i) SUSPENSION, TERMINATION, AND REFUSAL ING BUSINESS CENTERS PROGRAM. ommendation is transmitted under para- TO EXTEND.— The Assistant Secretary shall ensure that graph (2)(C) of subsection (d), issue a public (1) IN GENERAL.— each cooperative agreement entered into statement— (A) IN GENERAL.—The Assistant Secretary under the Business Centers program of the (i) assessing the finding or recommenda- may suspend, terminate, or refuse to extend tion; and Agency that is in effect on the day before the the term of an MBDC agreement on the basis (ii) disclosing the action, if any, the Fed- of the poor performance by a Center in meet- date of enactment of this Act is carried out eral agency intends to take with respect to ing the performance goals established by the in a manner that, to the greatest extent the finding or recommendation. Secretary under subparagraph (B). practicable, prevents disruption of any activ- (2) JOINT STATEMENT PERMITTED.—If a find- (B) PERFORMANCE GOALS.—The Assistant ity carried out under the cooperative agree- ing or recommendation described in sub- Secretary shall establish performance goals ment. section (d)(1) relates to more than 1 Federal by which to evaluate the performance of a agency, the applicable Federal agencies may, SEC. 4236. PUBLICITY. Center in meeting the requirements under for the purposes of the public statement re- subsection (a). In carrying out the MBDC Program, the quired under paragraph (1)(B), issue a joint (2) NOTICE.—Before suspending, termi- Assistant Secretary shall widely publicize statement. nating, or refusing to extend the term of an the MBDC Program, including— SEC. 4242. AGENCY STUDY ON ALTERNATIVE FI- MBDC agreement under paragraph (1), the (1) on the website of the Agency; and NANCING SOLUTIONS. Assistant Secretary shall provide to the rel- (2) via social media outlets. (a) PURPOSE.—The purpose of this section evant Center— is to provide information relating to alter- (A) a written notice of the reasons for the SEC. 4237. AUTHORIZATION OF APPROPRIATIONS. native financing solutions to minority busi- suspension, termination, or refusal; and There are authorized to be appropriated to ness enterprises, as those business enter- (B) an opportunity for a hearing, appeal, or prises are more likely to struggle in access- the Assistant Secretary $30,000,000 for each of other administrative proceeding to contest ing, particularly at affordable rates, tradi- the suspension, termination, or refusal. fiscal years 2021 through 2024 to carry out tional sources of capital. (j) MBDA INVOLVEMENT.—The Assistant the MBDC Program, including the compo- (b) STUDY AND REPORT.—Not later than 1 Secretary shall ensure that the Agency is nent of the program relating to Specialty year after the date of enactment of this Act, substantially involved in the activities of Centers. the Assistant Secretary shall—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7747 (1) conduct a study on opportunities for diately preceding the date on which the re- garding financial assistance that will, or providing alternative financing solutions to port is submitted, which shall include, with may, be made available under paragraph (1) minority business enterprises; and respect to that fiscal year— in the first fiscal year that begins after the (2) submit to Congress, and publish on the (A) a description of each curriculum devel- date on which the statement is published, in- website of the Agency, a report describing oped and implemented under each grant cluding— the findings of the study carried out under awarded under this section; (A) the actual, or anticipated, amount of paragraph (1). (B) the date on which each grant awarded financial assistance that will, or may, be SEC. 4243. EDUCATIONAL DEVELOPMENT RELAT- under this section was awarded; and made available; ING TO MANAGEMENT AND ENTRE- (C) the number of eligible entities that (B) the types of financial assistance that PRENEURSHIP. were recipients of grants awarded under this will, or may, be made available; (a) DUTIES.—The Assistant Secretary shall, section. (C) the manner in which financial assist- whenever the Assistant Secretary deter- CHAPTER 4—ADMINISTRATIVE AND ance will be allocated among public sector mines such action is necessary or appro- entities and private sector entities, as appli- priate— OTHER POWERS OF THE AGENCY; MIS- CELLANEOUS PROVISIONS cable; and (1) promote and provide assistance for the (D) the methodology used by the Assistant education and training of socially disadvan- SEC. 4251. ADMINISTRATIVE POWERS. (a) IN GENERAL.—In carrying out this sub- Secretary to make allocations under sub- taged individuals in subjects directly relat- paragraph (C). ing to business administration and manage- title, the Assistant Secretary may— (1) adopt and use a seal for the Agency, (3) CONSULTATION.—The Assistant Sec- ment; retary shall consult with public sector enti- (2) join with, and encourage, institutions of which shall be judicially noticed; ties and private sector entities, as applica- higher education, leaders in business and in- (2) hold hearings, sit and act, and take tes- ble, in deciding the amounts and types of fi- dustry, and other public sector and private timony as the Assistant Secretary may de- nancial assistance to make available under sector entities, particularly minority busi- termine to be necessary or appropriate to paragraph (1). ness enterprises, to— carry out this subtitle; (A) develop programs to offer scholarships (3) acquire, in any lawful manner, any (b) PUBLICITY.—In carrying out this sec- and fellowships, apprenticeships, and intern- property that the Assistant Secretary may tion, the Assistant Secretary shall broadly ships relating to business to socially dis- determine to be necessary or appropriate to publicize all opportunities for financial as- advantaged individuals; and carry out this subtitle; sistance available under this section, includ- (B) sponsor seminars, conferences, and (4) make advance payments under grants, ing— similar activities relating to business for the contracts, and cooperative agreements (1) on the website of the Agency; and benefit of socially disadvantaged individuals; awarded under this subtitle; (2) via social media outlets. (5) enter into agreements with other Fed- (3) stimulate and accelerate curriculum de- SEC. 4253. AUDITS. sign and improvement in support of develop- eral agencies; ment of minority business enterprises; and (6) coordinate with the heads of the Offices (a) RECORDKEEPING REQUIREMENT.—Each (4) encourage and assist private institu- of Small and Disadvantaged Business Utili- recipient of assistance under this subtitle tions and organizations and public sector en- zation of Federal agencies; shall keep such records as the Assistant Sec- tities to undertake activities similar to the (7) require a coordinated review of all retary shall prescribe, including records that activities described in paragraphs (1), (2), and training and technical assistance activities fully disclose, with respect to the assistance (3). that are proposed to be carried out by Fed- received by the recipient under this sub- (b) PARREN J. MITCHELL ENTREPRENEUR- eral agencies in direct support of the devel- title— SHIP EDUCATION GRANTS.— opment of minority business enterprises to— (1) the amount and nature of that assist- (1) DEFINITION.—In this subsection, the (A) ensure consistency with the purposes of ance; term ‘‘eligible institution’’ means an institu- this subtitle; and (2) the disposition by the recipient of the tion of higher education described in any of (B) avoid duplication of existing efforts; proceeds of that assistance; paragraphs (1) through (7) of section 371(a) of and (3) the total cost of the undertaking for the Higher Education Act of 1965 (20 U.S.C. (8) prescribe such rules, regulations, and which the assistance is given or used; 1067q(a)). procedures as the Agency may determine to (4) the amount and nature of the portion of (2) GRANTS.—The Assistant Secretary shall be necessary or appropriate to carry out this the cost of the undertaking described in award grants to eligible institutions to de- subtitle. paragraph (3) that is supplied by a source velop and implement entrepreneurship cur- (b) EMPLOYMENT OF CERTAIN EXPERTS AND other than the Agency; and ricula. CONSULTANTS.— (5) any other records that will facilitate an (3) REQUIREMENTS.—An eligible institution (1) IN GENERAL.—In carrying out this sub- effective audit of the assistance. that receives a grant awarded under this sub- title, the Assistant Secretary may procure (b) ACCESS BY GOVERNMENT OFFICIALS.— section shall use the grant funds to— by contract the temporary or intermittent The Assistant Secretary, the Inspector Gen- (A) develop a curriculum that includes services of experts or consultants or an orga- eral of the Department of Commerce, and the training in various skill sets needed by con- nization thereof, as authorized under section Comptroller General of the United States, or temporary successful entrepreneurs, includ- 3109 of title 5, United States Code. any duly authorized representative of any ing— (2) RENEWAL OF CONTRACTS.—The Assistant such individual, shall have access, for the (i) business management and marketing; Secretary may annually renew a contract purpose of audit, investigation, and examina- (ii) financial management and accounting; entered into under paragraph (1). tion, to any book, document, paper, record, (iii) market analysis; (c) DONATION OF PROPERTY.— or other material of a recipient of assistance (iv) competitive analysis; (1) IN GENERAL.—Subject to paragraph (2), under this subtitle that pertains to the as- (v) innovation; in carrying out this subtitle, the Assistant sistance received by the recipient under this (vi) strategic planning; and Secretary may, without cost (except for subtitle. (vii) any other skill set that the eligible in- costs of care and handling), donate for use by stitution determines is necessary for the stu- any public sector entity, or by any recipient SEC. 4254. REVIEW AND REPORT BY COMP- dents served by the eligible institution and nonprofit organization, for the purpose of TROLLER GENERAL. the community in which the eligible institu- the development of minority business enter- Not later than 4 years after the date of en- tion is located; and prises, any real or tangible personal property actment of this Act, the Comptroller General (B) implement the curriculum developed acquired by the Agency in carrying out this of the United States shall— under subparagraph (A) at the eligible insti- subtitle. (1) conduct a thorough review of the pro- tution. (2) TERMS, CONDITIONS, RESERVATIONS, AND grams carried out under this subtitle; and (4) IMPLEMENTATION TIMELINE.—The Assist- RESTRICTIONS.—The Assistant Secretary may (2) submit to Congress a detailed report of ant Secretary shall establish and publish a impose reasonable terms, conditions, res- the findings of the Comptroller General of timeline under which an eligible institution ervations, and restrictions upon the use of the United States under the review carried that receives a grant under this section shall any property donated under paragraph (1). out under paragraph (1), which shall in- carry out the requirements under paragraph SEC. 4252. FINANCIAL ASSISTANCE. clude— (3). (a) IN GENERAL.— (A) an evaluation of the effectiveness of (5) REPORTS.—Each year, the Assistant (1) PROVISION OF FINANCIAL ASSISTANCE.— the programs in achieving the purposes of Secretary shall submit to the Committee on To carry out sections 4221, 4222, and 4223(a), this subtitle; Commerce, Science, and Transportation of the Assistant Secretary may provide finan- (B) a description of any failure by any re- the Senate and the Committee on Energy cial assistance to public sector entities and cipient of assistance under this subtitle to and Commerce of the House of Representa- private sector entities in the form of con- comply with the requirements under this tives, as part of the annual budget submis- tracts, grants, or cooperative agreements. subtitle; and sion of the President under section 1105(a) of (2) NOTICE.—Not later than 120 days before (C) recommendations for any legislative or title 31, United States Code, a report evalu- the first day of each fiscal year, the Assist- administrative action that should be taken ating the awarding and use of grants under ant Secretary shall, in accordance with sub- to improve the achievement of the purposes this subsection during the fiscal year imme- section (b), broadly publish a statement re- of this subtitle.

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SEC. 4255. ANNUAL REPORTS; RECOMMENDA- ‘‘(ii) the amount of the credit determined ‘‘(4) SPECIAL RULES FOR PASS-THRU ENTI- TIONS. under this section with respect to such quali- TIES.—For purposes of this subsection, if a (a) ANNUAL REPORT.—Not later than 90 fied investment of the taxpayer for all pre- qualified investment in a qualifying business days after the last day of each fiscal year, ceding taxable years. entity is made by a partnership, trust, S cor- the Assistant Secretary shall submit to Con- ‘‘(2) OVERALL DOLLAR LIMITATION.— poration, or other pass-thru entity, the limi- gress, and publish on the website of the ‘‘(A) IN GENERAL.—The credit amount de- tations under this subsection with respect to Agency, a report of each activity of the termined under paragraph (1) with respect to the qualified investment shall apply at the Agency carried out under this subtitle dur- any qualified investment of a taxpayer in a partnership or other entity level and not at ing the fiscal year preceding the date on qualifying business entity for any taxable the partner or similar level. which the report is submitted. year shall not exceed the lesser of— (b) RECOMMENDATIONS.—The Assistant Sec- ‘‘(i) $10,000 (as increased for the taxable ‘‘(c) QUALIFIED INVESTMENT.—For purposes retary shall periodically submit to Congress year by the cost-of-living adjustment under of this section— and the President recommendations for leg- subsection (e)(2)), or ‘‘(1) IN GENERAL.—The term ‘qualified in- islation or other actions that the Assistant ‘‘(ii) an amount equal to— vestment’ means, with respect to any quali- Secretary determines to be necessary or ap- ‘‘(I) an amount equal to 5 times the fying business entity, either of the following propriate to promote the purposes of this amount under clause (i) for the taxable year, of the taxpayer: subtitle. reduced (but not below zero) by ‘‘(A) The direct or indirect acquisition of SEC. 4256. SEPARABILITY. ‘‘(II) the amount of the credit determined stock, or a capital interest, in the entity at If a provision of this subtitle, or the appli- under this section with respect to such quali- its original issue solely in exchange for cash. cation of a provision of this subtitle to any fied investment of the taxpayer for all pre- ‘‘(B) A qualifying loan made to the entity. person or circumstance, is held by a court of ceding taxable years. If a taxpayer has or had more than 1 quali- competent jurisdiction to be invalid, that ‘‘(B) NO CREDIT AMOUNT BY REASON OF COST- fied investment in any qualifying business judgment— OF-LIVING ADJUSTMENT AFTER OVERALL LIMIT entity for the taxable year or any prior tax- (1) shall not affect, impair, or invalidate— FIRST REACHED.—No credit amount shall be able year, all such investments shall be (A) any other provision of this subtitle; or determined under this section with respect treated as a single qualified investment for (B) the application of this subtitle to any to any qualified investment of a taxpayer in purposes of applying this section. other person or circumstance; and a qualifying business entity for any taxable ‘‘(2) EXCEPTION FOR INVESTMENTS MADE BY (2) shall be confined in its operation to— year after the first taxable year for which QUALIFIED ACTIVE INVESTORS AND RELATED (A) the provision of this subtitle with re- the amount determined under subclause (II) PERSONS.—Such term shall not include any spect to which the judgment is rendered; or of subparagraph (A)(ii) equals or exceeds the acquisition or loan made by a taxpayer who, (B) the application of the provision of this amount determined under subclause (I) of immediately before the acquisition or loan, subtitle to each person or circumstance di- such subparagraph. is a qualified active investor in the quali- rectly involved in the controversy in which ‘‘(3) REDUCTION IN CREDIT AMOUNT WHERE fying business entity or is related to any the judgment is rendered. LOAN RATE EXCEEDS PRIME RATE.— qualified active investor. SEC. 4257. EXECUTIVE ORDER 11625. ‘‘(A) IN GENERAL.—If— ‘‘(3) AMOUNT OF QUALIFIED INVESTMENT.— The powers and duties of the Agency shall ‘‘(i) the rate of interest (expressed as an The amount of a taxpayer’s qualified invest- be determined— annual percentage rate) on a qualified in- ment with respect to any qualifying business (1) in accordance with this subtitle and the vestment which is a qualifying loan, exceeds entity for any taxable year shall be the requirements of this subtitle; and ‘‘(ii) the bank prime rate as of the first day monthly average for months ending within (2) without regard to Executive Order 11625 of the month in which the loan is entered the taxable year of— (36 Fed Reg. 19967; relating to prescribing ad- into (or such other time as the Secretary ‘‘(A) the taxpayer’s aggregate unadjusted ditional arrangements for developing and co- may specify), bases in all stock or interests described in ordinating a national program for minority then each of the amounts determined under paragraph (1)(A) as of the close of each such business enterprise). subparagraphs (A) and (B)(i) of paragraph (1) month, and SEC. 4258. AMENDMENT TO THE FEDERAL ACQUI- shall be reduced (but not below zero) by the ‘‘(B) the aggregate outstanding principal SITION STREAMLINING ACT OF 1994. amount which bears the same ratio to such amount of all qualified loans described in Section 7104(c) of the Federal Acquisition amount as the number of full percentage paragraph (1)(B) as of the close of each such Streamlining Act of 1994 (15 U.S.C. 644a(c)) is points by which such rate of interest exceeds month. amended by striking paragraph (2) and in- such bank prime rate bears to 25. ‘‘(4) SPECIAL RULES FOR TRANSFERS OF PECIAL RULES WHERE QUALIFYING serting the following: ‘‘(B) S QUALIFYING LOANS.— LOANS TREATED AS PART OF SINGLE INVEST- ‘‘(2) The Assistant Secretary of Commerce ‘‘(A) IN GENERAL.—If a taxpayer sells, ex- for Minority Business Development.’’. MENT.—If 1 or more qualifying loans to which changes, or otherwise transfers all or any subparagraph (A) applies are treated as part Subtitle C—PRIME Program portion of a qualifying loan which is a quali- of a single qualified investment under sub- SEC. 4301. FUNDING FOR PRIME PROGRAM. fied investment in a qualifying business enti- section (c)(1), then, for purposes of this sub- ty, such investment shall be treated as a Out of any money in the Treasury not oth- section— qualified investment in the hands of the erwise appropriated, there are appropriated, ‘‘(i) the credit amount under paragraph (1) transferee (and not of the transferor) for pe- for each of fiscal years 2021 and 2022, to the for such single qualified investment shall be riods after the transfer. This paragraph shall Administrator of the Small Business Admin- the sum of such credit amounts computed also apply to any subsequent transfer of such istration, $15,000,000 to carry out the PRIME separately for each such qualifying loan and interest. Act (15 U.S.C. 6901 et seq.). such credit amount computed for all other ‘‘(B) COORDINATION OF LIMITS.—In applying Subtitle D—Providing Real Opportunities for qualified investments treated as part of such subsection (b) to any qualifying loan treated Growth to Rising Entrepreneurs for Sus- single qualified investment, and as a qualified investment of a transferee tained Success ‘‘(ii) the limitation under paragraph (2) under this paragraph— shall be applied to such sum. SEC. 4401. ANGEL INVESTOR TAX CREDIT. ‘‘(i) all credits determined under this sec- (a) IN GENERAL.—Subpart D of part IV of ‘‘(C) RULES RELATING TO INTEREST RATES.— tion for any periods before the transfer with subchapter A of chapter 1 of the Internal ‘‘(i) ANNUAL PERCENTAGE RATE.—The Sec- respect to the qualified investment of any Revenue Code of 1986 is amended by adding retary shall prescribe guidance or regula- prior holder of such investment shall be at the end the following new section: tions for the calculation of the annual per- taken into account under paragraphs centage rate of interest on a loan for pur- ‘‘SEC. 45U. ANGEL INVESTOR TAX CREDIT. (1)(B)(ii) and (2)(A)(ii)(II) of such subsection poses of subparagraph (A)(i), including rules ‘‘(a) GENERAL RULE.—For purposes of sec- in the same manner as if such credits were which provide for— tion 38, the angel investor credit determined determined for the transferee for prior tax- ‘‘(I) the calculation of the annual percent- under this section for any taxable year is an able years, and age rate in cases where there is a variable amount equal to the sum of the credit ‘‘(ii) if only a portion of the qualified in- rate of interest, amounts determined for the taxable year for vestment was transferred, the amount taken ‘‘(II) the recalculation of the annual per- all qualified investments of the taxpayer. into account under such paragraphs by rea- ‘‘(b) CREDIT AMOUNT.—For purposes of this centage rate where the terms of the loan are son of clause (i) shall be ratably reduced to section— modified after the loan is entered into, and reflect only the portion so transferred. ‘‘(1) IN GENERAL.—The term ‘credit ‘‘(III) the proper taking into account of amount’ means, with respect to any qualified lump sum payments, orientation and appli- ‘‘(d) QUALIFYING BUSINESS ENTITY.—For investment in a qualifying business entity, cation fees, closing fees, invoice discounting purposes of this section— the lesser of— fees, and any other loan fees. ‘‘(1) DEFINITION.— ‘‘(A) 10 percent of the amount of the quali- ‘‘(ii) BANK PRIME RATE.—For purposes of ‘‘(A) IN GENERAL.—The term ‘qualifying fied investment determined under subsection subparagraph (A)(ii), the term ‘bank prime business entity’ means, with respect to any (c)(3) for the taxable year, or rate’ means the average predominant prime qualified investment, any entity which is en- ‘‘(B) an amount equal to— rate quoted by commercial banks to large gaged in the active conduct of 1 or more ‘‘(i) 50 percent of such qualified invest- businesses, as determined by the Board of trades or businesses and with respect to ment, reduced (but not below zero) by Governors of the Federal Reserve System. which—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7749 ‘‘(i) the qualified active investor ownership ‘‘(ii) include such certification, and the ‘‘(B) the cost-of-living adjustment under requirements of paragraph (2) are met imme- names, addresses, and taxpayer identifica- section 1(f)(3) for the calendar year in which diately before and after the qualified invest- tion numbers of the entity’s qualified active the taxable year begins, determined by sub- ment, investors and the persons making the quali- stituting ‘2020’ for ‘2016’ in subparagraph ‘‘(ii) the wage requirements of paragraph fied investment, with its return of tax for (A)(ii) thereof. (3) are met, and the taxable year which includes the date of If any increase in such $10,000 amount is not ‘‘(iii) the certification requirements of the qualified investment. a multiple of $100, such increase shall be paragraph (4) are met. ‘‘(C) CERTIFICATION INCLUDED WITH RETURN rounded to the next lowest multiple of $100 ‘‘(B) ENTITIES UNDER COMMON CONTROL.— CLAIMING CREDIT.—No credit shall be deter- and if any increase in such $100,000 amount is For purposes of this section, all qualifying mined under subsection (a) with respect to not a multiple of $1,000, such increase shall business entities treated as a single em- any taxpayer making a qualified investment be rounded to the next lowest multiple of ployer under subsection (a) or (b) of section in a qualifying business entity unless the $1,000. 52 or subsection (m) or (o) of section 414 shall taxpayer includes the certification under ‘‘(3) RULES RELATING TO ENTITIES.— be treated as a single qualifying business en- subparagraph (A) with respect to the invest- ‘‘(A) SOLE PROPRIETORSHIPS.—If a taxpayer tity. ment with its return of tax for any taxable carries on 1 or more trades or businesses as ‘‘(2) QUALIFIED ACTIVE INVESTOR OWNERSHIP year for which such credit is being claimed. sole proprietorships, all such trades or busi- REQUIREMENTS.—The requirements of this ‘‘(D) TIMELY FILED RETURN REQUIRED.—The nesses shall be treated as a single entity for paragraph are met with respect to any entity requirements of subparagraph (B)(ii) or (C) purposes of applying this section. if qualified active investors own directly or shall be treated as met only if the return de- ‘‘(B) APPLICATION TO DISREGARDED ENTI- indirectly— scribed in such subparagraph is filed on or TIES.—In the case of any entity with a single ‘‘(A) in the case of a corporation, more before its due date (including extensions). owner which is disregarded as an entity sepa- than 50 percent (by vote and value) of the ‘‘(5) QUALIFIED ACTIVE INVESTOR.— rate from its owner for purposes of this title, stock in the corporation, and ‘‘(A) IN GENERAL.—The term ‘qualified ac- this section shall be applied in the same ‘‘(B) in the case of any other entity, more tive investor’ means, with respect to any en- manner as if such entity were a corporation. than 50 percent of the capital or profits in- tity, an individual who— ‘‘(f) REGULATIONS.—The Secretary shall terests in the entity. ‘‘(i) is a citizen or resident of the United prescribe such regulations or other guidance ‘‘(3) WAGE REQUIREMENTS.— States, as may be necessary to carry out the provi- ‘‘(A) IN GENERAL.—The requirements of ‘‘(ii) materially participates (within the sions of this section.’’. this paragraph are met with respect to any meaning of section 469(h)) in 1 or more trades (b) CREDIT TO BE PART OF GENERAL BUSI- entity if the entity, during the taxable year or businesses actively conducted by the enti- NESS CREDIT.—Section 38(b) of such Code is of the entity preceding the taxable year in ty, amended by striking ‘‘plus’’ at the end of which the qualified investment is made— ‘‘(iii) holds stock, or a capital or profits in- paragraph (32), by striking the period at the ‘‘(i) employed at least 1 full-time em- terest, in the entity, and end of paragraph (33) and inserting ‘‘, plus’’, ployee, or employees constituting a full-time ‘‘(iv) meets the income requirements of and by adding at the end the following new equivalent employee, in 1 or more trades or subparagraph (B). paragraph: businesses actively conducted by the entity, ‘‘(B) INCOME REQUIREMENTS.—The require- ‘‘(34) the angel investor credit determined and ments of this subparagraph are met with re- under section 45U(a).’’. ‘‘(ii) paid W–2 wages to such employee or spect to an individual if the average annual (c) CREDIT ALLOWED AGAINST ALTERNATIVE employees with respect to such employment. taxable income of the individual for the 3 MINIMUM TAX.—Section 38(c)(4)(B) of such ‘‘(B) CERTAIN WAGES NOT TAKEN INTO AC- taxable years of the individual immediately Code is amended by redesignating clauses COUNT.—W–2 wages shall not be taken into preceding the taxable year in which the (x), (xi), and (xii) as clauses (xi), (xii), and account under subparagraph (A) if paid by an qualified investment is made does not exceed (xiii), respectively, and by inserting after entity to an employee, and such employee the applicable amount. clause (ix) the following new clause: shall not be taken into account under sub- ‘‘(C) APPLICABLE AMOUNT.—For purposes of ‘‘(x) the credit determined under section paragraph (A)(i), during any period the em- this paragraph, the term ‘applicable amount’ ployee is— means, with respect to any taxable year in 45U,’’. ‘‘(i) a qualified active investor, or which a qualified investment is made— (d) CLERICAL AMENDMENT.—The table of ‘‘(ii) an employee other than a qualified ac- ‘‘(i) in the case of an individual not de- sections for subpart D of part IV of sub- tive investor who is a 5-percent owner (as de- scribed in clause (ii), $100,000 (as increased chapter A of chapter 1 of such Code is fined in section 416(i)(1)(B)(i)) of the entity. for the taxable year by the cost-of-living ad- amended by adding at the end the following new item: ‘‘(C) W–2 WAGES.—The term ‘W–2 wages’ justment under subsection (e)(2)), and means, with respect to any entity, the ‘‘(ii) in the case of an individual who is a ‘‘Sec. 45U. Angel investor tax credit.’’. amounts described in paragraphs (3) and (8) married individual filing a joint return or (e) EFFECTIVE DATE.—The amendments of section 6051(a) paid by the entity with re- who is a head of household (as defined in sec- made by this section shall apply to qualified spect to employment of employees by the en- tion 2(b)) for the taxable year, an amount investments made in taxable years beginning tity. Such term shall not include any equal to 2 times the amount in effect under after December 31, 2020. amount which is not properly included in a clause (i) for the taxable year. SEC. 4402. FIRST EMPLOYEE BUSINESS WAGE return filed with the Social Security Admin- ‘‘(D) RULES FOR DETERMINING AVERAGE TAX- CREDIT. istration on or before the 60th day after the ABLE INCOME.—For purposes of this para- (a) ALLOWANCE OF CREDIT.— due date (including extensions) for such re- graph— (1) IN GENERAL.—Subpart D of part IV of turn. ‘‘(i) a married individual filing a separate subchapter A of chapter 1 of the Internal ‘‘(D) FULL-TIME EMPLOYEES AND EQUIVA- return of tax for any taxable year shall in- Revenue Code of 1986, as amended by section LENTS.—For purposes of this paragraph— clude the taxable income of their spouse in 4401, is amended by adding at the end the fol- ‘‘(i) the term ‘full-time employee’ has the computing the individual’s average taxable lowing new section: meaning given to such term by section income for any period unless the Secretary ‘‘SEC. 45V. FIRST EMPLOYEE BUSINESS WAGE 4980H(c)(4), and determines that the spouse’s information is CREDIT. ‘‘(ii) the determination of the number of not available to the individual, and ‘‘(a) GENERAL RULE.—For purposes of sec- employees constituting a full-time equiva- ‘‘(ii) the Secretary shall prescribe rules for tion 38, in the case of a qualifying business lent shall be made in the same manner as the determination of average taxable income entity, the first employee business wage under section 4980H(c)(2)(E). in cases where the individual had different credit determined under this section for any ‘‘(4) CERTIFICATION REQUIREMENTS.— filing statuses for the 3 taxable years de- taxable year is an amount equal to 25 per- ‘‘(A) IN GENERAL.—The requirements of scribed in subparagraph (B). cent of the qualified wages of the entity for this paragraph are met with respect to any ‘‘(e) DEFINITIONS AND SPECIAL RULES.—For the taxable year. entity if the entity certifies, in such form purposes of this section— ‘‘(b) DOLLAR LIMITATIONS.— and manner and at such time as the Sec- ‘‘(1) RELATED PERSONS.—A person shall be ‘‘(1) IN GENERAL.—The amount of the credit retary may prescribe, that, at the time of treated as related to another person if the determined under subsection (a) with respect the qualified investment, the entity— person bears a relationship to such other to any qualifying business entity for any ‘‘(i) is engaged in the active conduct of 1 or person described in section 267(b), except taxable year shall not exceed the lesser of— more trades or businesses, and that section 267(b) shall be applied by sub- ‘‘(A) $10,000 (as increased for the taxable ‘‘(ii) meets the requirements of paragraphs stituting ‘5 percent’ for ‘50 percent’ each year by the cost-of-living adjustment under (2) and (3) to be treated as a qualifying busi- place it appears. subsection (f)), or ness entity. ‘‘(2) COST-OF-LIVING ADJUSTMENTS.—In the ‘‘(B) the excess (if any) of— ‘‘(B) CERTIFICATION PROVIDED TO INVESTORS case of any taxable year beginning after 2021, ‘‘(i) an amount equal to 4 times the AND SECRETARY.—An entity shall— the $10,000 amount under subsection amount under subparagraph (A) for the tax- ‘‘(i) provide the certification under sub- (b)(2)(A)(i) and the $100,000 amount under able year, over paragraph (A) to the person making the subsection (d)(5)(C)(i) shall each be increased ‘‘(ii) the amount of the credit determined qualified investment at the time such invest- by an amount equal to— under this section with respect to such enti- ment is made, and ‘‘(A) such dollar amount, multiplied by ty for all preceding taxable years.

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‘‘(2) NO CREDIT BY REASON OF COST-OF-LIV- ‘‘(i) IN GENERAL.—All qualifying business ‘‘(f) COST-OF-LIVING ADJUSTMENTS.—In the ING ADJUSTMENT AFTER OVERALL LIMIT FIRST entities treated as a single employer under case of any taxable year beginning after 2021, REACHED.—No credit shall be determined subsection (a) or (b) of section 52 or sub- the $10,000 amount under subsection (b)(1)(A) under this section with respect to any quali- section (m) or (o) of section 414 shall be shall be increased by an amount equal to— fying business entity for any taxable year treated as a single qualifying business enti- ‘‘(1) such dollar amount, multiplied by after the first taxable year for which the ty. ‘‘(2) the cost-of-living adjustment under amount determined under clause (ii) of para- ‘‘(ii) ALLOCATION OF CREDIT.—Except as section 1(f)(3) for the calendar year in which graph (1)(B) equals or exceeds the amount de- provided in regulations, the credit under this the taxable year begins, determined by sub- termined under clause (i) of such paragraph. section shall be allocated among the entities stituting ‘2020’ for ‘2016’ in subparagraph ‘‘(3) PASS-THRU ENTITIES.—If a qualifying comprising the single entity described in (A)(ii) thereof. business entity is a partnership, trust, S cor- clause (i) in proportion to the qualified If any increase in such amount is not a mul- poration, or other pass-thru entity, the limi- wages of each such entity taken into account tiple of $100, such increase shall be rounded tations under this subsection shall apply at under subsection (a). to the next lowest multiple of $100. the partnership or other entity level and not ‘‘(2) CERTIFICATION REQUIREMENTS.— ‘‘(g) OTHER RULES.—For purposes of this at the partner or similar level. ‘‘(A) IN GENERAL.—The requirements of section— ‘‘(c) QUALIFIED WAGES.—For purposes of this paragraph are met with respect to any ‘‘(1) RULES RELATING TO ENTITIES.—Rules this section— entity for any taxable year described in similar to the rules of section 45U(e)(3) shall ‘‘(1) IN GENERAL.—The term ‘qualified paragraph (1) if the entity certifies, in such apply. wages’ means, with respect to any qualifying form and manner and at such time as the ‘‘(2) ELECTION NOT TO HAVE CREDIT APPLY.— business entity, the amount of W–2 wages Secretary may prescribe, that the entity ‘‘(A) IN GENERAL.—A taxpayer may elect paid or incurred during any eligible taxable meets the requirements described in clauses not to have this section apply for any tax- year to employees for services performed in (i) and (ii) of paragraph (1)(A). able year. connection with the active conduct of a ‘‘(B) CERTIFICATION PROVIDED TO SEC- ‘‘(B) OTHER RULES.—Rules similar to the trade or business by the entity. RETARY.—An entity shall include the certifi- rules of paragraphs (2) and (3) of section 51(j) ‘‘(2) EXCEPTION FOR QUALIFIED ACTIVE IN- cation under subparagraph (A), and the shall apply for purposes of this paragraph. VESTORS AND 5-PERCENT OWNER-EMPLOYEES.— names, addresses, and taxpayer identifica- ‘‘(3) CERTAIN OTHER RULES MADE APPLICA- W–2 wages shall not be taken into account tion numbers of the entity’s qualified active BLE.—Rules similar to the rules of sub- under paragraph (1) if paid by an entity to an investors (and employees who are 5-percent sections (c), (d), and (e) of section 52 shall employee, and such employee shall not be owners described in subsection (c)(2)(B)), apply. taken into account under paragraph (3)(A), with its return of tax for the taxable year to ‘‘(h) REGULATIONS.—The Secretary shall during any period the employee is— which the certification relates. The require- prescribe such regulations or other guidance ‘‘(A) a qualified active investor, or ment of this subparagraph is met only if as may be necessary to carrying out the pro- ‘‘(B) an employee other than a qualified ac- such return is filed before its due date (in- visions of this section, including regula- tive investor who is a 5-percent owner (as de- cluding extensions). tions— fined in section 416(i)(1)(B)(i)) of the entity. ‘‘(1) preventing the avoidance of the limi- ‘‘(3) QUALIFIED ACTIVE INVESTOR.—For pur- ‘‘(3) ELIGIBLE TAXABLE YEAR.— poses of this section (including applying the tations under this section in cases in which ‘‘(A) IN GENERAL.—The term ‘eligible tax- there is a successor or new qualified business able year’ means any taxable year of a quali- requirements of paragraph (2) of section 45U(d) for purposes of paragraph (1)(A)(ii)), entity with respect to the same trade or fying business entity— business for which a predecessor qualified ‘‘(i) which occurs during the period— the term ‘qualified active investor’ has the same meaning given such term by section business entity already claimed the credit ‘‘(I) beginning with the first taxable year under this section, of the entity in which the entity employed 45U(d)(5), except that such section shall be applied separately for each taxable year de- ‘‘(2) to minimize compliance and record- at least 1 full-time employee (or employees keeping burdens under the provisions of this constituting a full-time equivalent em- scribed in paragraph (1) (rather than the tax- able year of the qualified investment). section, and ployee) in 1 or more trades or businesses ac- ‘‘(3) for recapturing the benefit of credits tively conducted by the entity during the ‘‘(e) ELECTION TO APPLY CREDIT AGAINST determined under section 3111(g) in cases taxable year and paid W–2 wages to such em- PAYROLL TAXES.— where there is a recapture or a subsequent ployee or employees with respect to such em- ‘‘(1) IN GENERAL.—At the election of a adjustment to the payroll tax credit portion ployment, and qualifying business entity, section 3111(g) of the credit determined under subsection ‘‘(II) ending with the last taxable year for shall apply to the payroll tax credit portion (a), including requiring amended income tax which a credit may be determined for the en- of the credit otherwise determined under returns in the cases where there is such an tity under this section by reason of the limi- subsection (a) for the taxable year and such adjustment.’’. tation under subsection (b)(2), and portion shall not be treated (other than for (2) CREDIT TO BE PART OF GENERAL BUSINESS ‘‘(ii) in the case of a taxable year other purposes of section 280C) as a credit deter- CREDIT.—Section 38(b) of such Code, as than the first taxable year described in mined under subsection (a). amended by section 4401, is amended by clause (i)(I), with respect to which the entity ‘‘(2) PAYROLL TAX CREDIT PORTION.—For striking ‘‘plus’’ at the end of paragraph (33), meets the employment and wage require- purposes of this subsection, the payroll tax by striking the period at the end of para- ments of such clause. credit portion of the credit determined under graph (34) and inserting ‘‘, plus’’, and by add- Such term shall not include any taxable year subsection (a) with respect to any qualifying ing at the end the following new paragraph: during such a period if the first taxable year business entity for any taxable year is the ‘‘(35) the first employee business wage described in clause (i)(I) of the entity (or any least of— credit determined under section 45V(a).’’. predecessor) begins before January 1, 2021. ‘‘(A) the amount specified in the election (3) CREDIT ALLOWED AGAINST ALTERNATIVE ‘‘(B) W–2 WAGES; FULL-TIME EMPLOYEES.— made under this subsection, MINIMUM TAX.—Section 38(c)(4)(B) of such For purposes of this subsection, W–2 wages, ‘‘(B) the credit determined under sub- Code, as amended by section 4401, is amended full-time employees, and full-time employee section (a) for the taxable year (determined by redesignating clauses (xi), (xii), and (xiii) equivalents shall be determined in the same before the application of this subsection), or as clauses (xii), (xiii), and (xiv), respectively, manner as under section 45U. ‘‘(C) in the case of a qualifying business en- and by inserting after clause (x) the fol- ‘‘(d) QUALIFYING BUSINESS ENTITY.—For tity other than a partnership, estate, S cor- lowing new clause: purposes of this section— poration or other pass-thru entity, the ‘‘(xi) the credit determined under section ‘‘(1) QUALIFYING BUSINESS ENTITY DE- amount of the business credit carryforward 45V,’’. FINED.— under section 39 carried from the taxable (4) CLERICAL AMENDMENT.—The table of ‘‘(A) IN GENERAL.—The term ‘qualifying year (determined before the application of sections for subpart D of part IV of sub- business entity’ means, with respect to any this subsection to the taxable year). chapter A of chapter 1 of such Code, as taxable year for which a credit under this ‘‘(3) ELECTION.— amended by section 4401, is amended by add- section is being determined, any entity— ‘‘(A) IN GENERAL.—Any election under this ing at the end the following new item: ‘‘(i) which is engaged in the active conduct subsection for any taxable year— ‘‘Sec. 45V. First employee business wage of 1 or more trades or businesses, ‘‘(i) shall specify the amount of the credit credit.’’. ‘‘(ii) with respect to which the qualified ac- to which such election applies, (b) PAYROLL TAX CREDIT.—Section 3111 of tive investor ownership requirements of ‘‘(ii) shall be made on or before the due the Internal Revenue Code of 1986 is amended paragraph (2) of section 45U(d) are met as of date (including extensions) of the return for by adding at the end the following new sub- the close of such taxable year (rather than the taxable year, and section: immediately before and after the qualified ‘‘(iii) may be revoked only with the con- ‘‘(g) CREDIT FOR FIRST EMPLOYEE BUSINESS investment), and sent of the Secretary. WAGE EXPENSES.— ‘‘(iii) with respect to which the certifi- ‘‘(B) SPECIAL RULE FOR PASS-THRU ENTI- ‘‘(1) IN GENERAL.—In the case of a taxpayer cation requirements of paragraph (2) are TIES.—In the case of a partnership, estate, S who has made an election under section met. corporation, or other pass-thru entity, the 45V(e) for a taxable year, there shall be al- ‘‘(B) ENTITIES UNDER COMMON CONTROL.— election made under this subsection shall be lowed as a credit against the tax imposed by For purposes of this section— made at the entity level. subsection (a) for the first calendar quarter

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7751 which begins after the date on which the tax- come and underserved individuals, and mi- to ensure they fulfill their obligations under payer files the return for the taxable year an norities; the law as well as implement this title and amount equal to the payroll tax credit por- (2) providing funding to minority-owned or other laws in a manner that supports and tion determined under section 45V(e)(2). minority-led eligible institutions and other fully utilizes minority depository institu- ‘‘(2) LIMITATION.—The credit allowed by eligible institutions that have a strong track tions and community development financial paragraph (1) shall not exceed the tax im- record of serving minority small businesses; intuitions, as appropriate. posed by subsection (a) for any calendar (3) protecting and increasing jobs in the (6) The investments made by the Secretary quarter on the wages paid with respect to United States; of the Treasury under this subtitle and the the employment of all individuals in the em- (4) increasing the opportunity for small amendments made by this subtitle should be ploy of the employer. business, affordable housing and community designed to maximize the benefit to low- and ‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the development in geographic areas and demo- moderate-income and minority communities amount of the credit under paragraph (1) ex- graphic segments with poverty and high un- and contemplate losses to capital of the ceeds the limitation of paragraph (2) for any employment rates that exceed the average in Treasury. calendar quarter, such excess shall be carried the United States; SEC. 4505. NEIGHBORHOOD CAPITAL INVEST- to the succeeding calendar quarter and al- (5) ensuring that all low- and moderate-in- MENT PROGRAM. lowed as a credit under paragraph (1) for come community financial institutions may Title IV of the CARES Act (15 U.S.C. 9041 such quarter. apply to participate in the programs estab- et seq.) is amended— ‘‘(4) DEDUCTION ALLOWED FOR CREDITED lished under this subtitle and the amend- (1) in section 4002 (15 U.S.C. 9041)— AMOUNTS.—Notwithstanding section 280C(a), ments made by this subtitle, without dis- (A) by redesignating paragraphs (7) the credit allowed under paragraph (1) shall crimination based on geography; through (10) as paragraphs (9) through (12), not be taken into account for purposes of de- (6) providing transparency with respect to respectively; and termining the amount of any deduction al- use of funds provided under this subtitle and (B) by inserting after paragraph (6) the fol- lowed under chapter 1 for taxes imposed the amendments made by this subtitle; lowing: under subsection (a).’’. (7) promoting and engaging in financial ‘‘(7) LOW- AND MODERATE-INCOME COMMU- (c) COORDINATION WITH DEDUCTIONS AND education to would-be borrowers; and NITY FINANCIAL INSTITUTION.—The term ‘low- OTHER CREDITS.— (8) providing funding to eligible institu- and moderate-income community financial (1) DEDUCTIONS.—Section 280C(a) of the In- tions that serve consumers, small businesses, institution’ means any financial institution ternal Revenue Code of 1986 is amended by and nonprofit organizations to support af- that is— inserting ‘‘45V(a),’’ after ‘‘45S(a),’’. fordable housing, community-serving real es- ‘‘(A) a community development financial institution, as defined in section 103 of the (2) OTHER CREDITS.— tate, and other projects that provide direct Riegle Community Development and Regu- (A) Section 41(b)(2)(D) of such Code is benefits to low- and moderate-income com- latory Improvement Act of 1994 (12 U.S.C. amended by adding at the end the following: munities, low-income individuals, and mi- 4702); or ‘‘(iv) EXCLUSION FOR WAGES TO WHICH FIRST norities directly affected by the COVID–19 ‘‘(B) a minority depository institution. EMPLOYEE WAGE CREDIT APPLIES.—The term pandemic. ‘‘(8) MINORITY DEPOSITORY INSTITUTION.— ‘wages’ shall not include any amount taken (b) REQUIREMENT FOR CREDITORS.—Any The term ‘minority depository institution’— into account in determining the credit under creditor participating in a program estab- ‘‘(A) has the meaning given that term section 45V.’’. lished under this subtitle or the amendments under section 308 of the Financial Institu- (B) Section 45A(b)(1) of such Code is made by this subtitle shall fully comply with tions Reform, Recovery, and Enforcement amended by adding at the end the following: all applicable statutory and regulatory re- Act of 1989 (12 U.S.C. 1463 note); ‘‘(C) COORDINATION WITH FIRST EMPLOYEE quirements relating to fair lending. ‘‘(B) means an entity considered to be a WAGE CREDIT.—The term ‘qualified wages’ SEC. 4504. SENSE OF CONGRESS. minority depository institution by— shall not include wages if any portion of The following is the sense of Congress: ‘‘(i) the appropriate Federal banking agen- such wages is taken into account in deter- (1) The Department of the Treasury, Board cy, as defined in section 3 of the Federal De- mining the credit under section 45V.’’. of Governors of the Federal Reserve System, posit Insurance Act(12 U.S.C. 1813); or (C) Section 1396(c)(3) of such Code is Small Business Administration, Office of the ‘‘(ii) the National Credit Union Adminis- amended— Comptroller of the Currency, Federal De- tration, in the case of an insured credit (i) by striking ‘‘section 51’’ each place it posit Insurance Corporation, National Credit union; and appears and inserting ‘‘section 45V or 51’’, Union Administration, and other Federal ‘‘(C) means an entity listed in the Federal and agencies should take steps to support, en- Deposit Insurance Corporation’s Minority (ii) by inserting ‘‘AND FIRST EMPLOYEE gage with, and utilize minority depository Depository Institutions List published for WAGE’’ after ‘‘OPPORTUNITY’’ in the heading institutions and community development fi- the Second Quarter 2020.’’; thereof. nancial institutions in the near term, espe- (2) in section 4003 (15 U.S.C. 9042), by adding (d) EFFECTIVE DATE.—The amendments cially as they carry out programs to respond at the end the following: made by this section shall apply to taxable to the COVID–19 pandemic, and the long ‘‘(i) NEIGHBORHOOD CAPITAL INVESTMENT years beginning after December 31, 2020. term. PROGRAM.— Subtitle E—Community Development (2) The Board of Governors of the Federal ‘‘(1) DEFINITIONS.—In this subsection— Investment Reserve System should, consistent with its ‘‘(A) the term ‘community development fi- SEC. 4501. SHORT TITLE. mandates, work to increase lending by mi- nancial institution’ has the meaning given This subtitle may be cited as the ‘‘Jobs nority depository institutions and commu- the term in section 103 of the Riegle Commu- and Neighborhood Investment Act’’. nity development financial institutions to nity Development and Regulatory Improve- SEC. 4502. PURPOSE. underserved communities, and when appro- ment Act of 1994 (12 U.S.C. 4702); The purpose of this subtitle is to— priate, should work with the Department of ‘‘(B) the term ‘Fund’ means the Commu- (1) establish programs to revitalize and the Treasury to increase lending by minority nity Development Financial Institutions provide long-term financial products and depository institutions and community de- Fund established under section 104(a) of the service availability for, and provide invest- velopment financial institutions to under- Riegle Community Development and Regu- ments in, low- and moderate-income and mi- served communities. latory Improvement Act of 1994 (12 U.S.C. nority communities; (3) The Department of the Treasury and 4703(a)); (2) respond to the unprecedented loss of prudential regulators should establish a stra- ‘‘(C) the term ‘minority’ means any Black Black-owned businesses and unemployment; tegic plan identifying concrete steps that American, Native American, Hispanic Amer- and they can take to support existing minority ican, or Asian American; (3) otherwise enhance the stability, safety depository institutions, as well as the forma- ‘‘(D) the term ‘Program’ means the Neigh- and soundness of community financial insti- tion of new minority depository institutions borhood Capital Investment Program estab- tutions that support low- and moderate-in- consistent with the goals established in the lished under paragraph (2); and come and minority communities. Financial Institutions Reform, Recovery, ‘‘(E) the ‘Secretary’ means the Secretary SEC. 4503. CONSIDERATIONS; REQUIREMENTS and Enforcement Act of 1989 to preserve and of the Treasury. FOR CREDITORS. promote minority depository institutions. ‘‘(2) ESTABLISHMENT.—The Secretary of the (a) IN GENERAL.—In exercising the authori- (4) Congress should increase funding and Treasury shall establish a Neighborhood ties under this subtitle and the amendments make other enhancements, including those Capital Investment Program to support the made by this subtitle, the Secretary of the provided by this legislation, to enhance the efforts of low- and moderate-income commu- Treasury shall take into consideration— effectiveness of the CDFI Fund, especially nity financial institutions to, among other (1) increasing the availability of affordable reforms to support minority-owned and mi- things, provide loans and forbearance for credit for consumers, small businesses, and nority led CDFIs in times of crisis and be- small businesses, minority-owned businesses, nonprofit organizations, including for yond. and consumers, especially in low-income and projects supporting affordable housing, com- (5) Congress should conduct robust and on- underserved communities, by providing di- munity-serving real estate, and other going oversight of the Department of the rect capital investments in low- and mod- projects, that provide direct benefits to low- Treasury, CDFI Fund, Federal prudential erate-income community financial institu- and moderate-income communities, low-in- regulators, SBA, and other Federal agencies tions.

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‘‘(3) APPLICATION.— come community financial institution to ‘‘(i) except as provided in clause (iv), dur- ‘‘(A) ACCEPTANCE.—The Secretary shall borrowers in minority, rural, and urban low- ing the 10-year period following the invest- begin accepting applications for capital in- income and underserved communities. ment, may not sell the interest of the Sec- vestments under the Program not later than ‘‘(iii) During any calendar quarter after retary in the capital investment to a third the end of the 30-day period beginning on the the initial 24-month period referred to in party; date of enactment of this subsection, with clause (ii), the annual payment rate of a low- ‘‘(ii) shall provide the low- and moderate- priority in distribution given to low- and and moderate-income community financial income community financial institution a moderate-income community financial insti- institution shall be adjusted downward to re- right of first refusal to buy back the invest- tutions that are minority lending institu- flect the following schedule, based on lend- ment under terms that do not exceed a value tions, as defined in section 103 of the Com- ing by the institution relative to the base- as determined by an independent third party; munity Development Banking and Financial line period: and Institutions Act of 1994 (12 U.S.C. 4702). ‘‘(I) If the institution in the most recent ‘‘(iii) shall not sell more than a 5 percent ‘‘(B) REQUIREMENT TO PROVIDE A NEIGHBOR- annual period prior to the investment pro- ownership interest in the capital investment HOOD INVESTMENT LENDING PLAN.— vides significant lending or investment ac- to a single third party; and ‘‘(i) IN GENERAL.—At the time that an ap- tivity in low- or moderate-income minority ‘‘(iv) with the permission of the institu- plicant submits an application to the Sec- communities, historically disadvantaged tion, may gift or sell the interest of the Sec- retary for a capital investment under the borrowers, and to minorities that have sig- retary in the capital investment for a de Program, the applicant shall provide the nificant unmet capital or financial services, minimus amount to a mission aligned non- Secretary, along with the appropriate Fed- the annual payment rate shall not exceed 0.5 profit affiliate of an applicant that is an in- eral banking agency, an investment and percent per annum. sured community development financial in- lending plan that— ‘‘(II) If the amount of lending within mi- stitution, as defined in section 103 of the Rie- ‘‘(I) demonstrates that not less than 30 per- nority, rural, and urban low-income and un- gle Community Development and Regulatory cent of the lending of the applicant over the derserved communities and to low- and mod- Improvement Act of 1994 (12 U.S.C. 4702). past 2 fiscal years was made directly to low- erate-income borrowers has increased dollar ‘‘(v) CALCULATION OF OWNERSHIP FOR MINOR- and moderate income borrowers, to bor- ITY DEPOSITORY INSTITUTIONS.—The calcula- rowers that create direct benefits for low- for dollar based on the amount of the capital and moderate-income populations, to other investment, the annual payment rate shall tion and determination of ownership thresh- targeted populations as defined by the Fund, not exceed 1 percent per annum. olds for a depository institution to qualify as or any combination thereof, as measured by ‘‘(III) If the amount of lending within mi- a minority depository institution described the total number and dollar amount of loans; nority, rural, and urban low-income and un- in section 4002(7)(B) shall exclude any dilu- ‘‘(II) describes how the business strategy derserved communities and to low- and mod- tive effect of equity investments by the Fed- and operating goals of the applicant will ad- erate-income borrowers has increased by eral Government, including under the Pro- dress community development needs, which twice the amount of the capital investment, gram or through the Fund. includes the needs of small businesses, con- the annual payment rate shall not exceed 0.5 ‘‘(6) AVAILABLE AMOUNTS.—In carrying out sumers, nonprofit organizations, community percent per annum. the Program, the Secretary shall use not development, and other projects providing ‘‘(B) CONTINGENCY OF PAYMENTS BASED ON more than $13,000,000,000, from amounts ap- direct benefits to low- and moderate-income CERTAIN FINANCIAL CRITERIA.— propriated under section 4027, of which not communities, low-income individuals, and ‘‘(i) DEFERRAL.—Any annual payments less than $7,000,000,000 shall be used for direct minorities within the minority, rural, and under this subsection shall be deferred in capital investments under the Program. urban low-income and underserved areas any quarter or payment period if any of the ‘‘(7) TREATMENT OF CAPITAL INVESTMENTS.— served by the applicant; following is true: In making any capital investment under the ‘‘(III) includes a plan to provide linguis- ‘‘(I) The low- and moderate-income com- Program, the Secretary shall ensure that the tically and culturally appropriate outreach, munity institution fails to meet the Tier 1 terms of the investment are designed to en- where appropriate; capital ratio or similar ratio as determined sure the investment receives Tier 1 capital ‘‘(IV) includes an attestation by the appli- by the Secretary. treatment. cant that the applicant does not own, serv- ‘‘(II) The low- and moderate-income com- ‘‘(8) OUTREACH TO MINORITIES.—The Sec- ice, or offer any financial products at an an- munity financial institution fails to achieve retary shall require low- and moderate-in- nual percentage rate of more than 36 percent positive net income for the quarter or pay- come community financial institutions re- interest, as defined in section 987(i)(4) of title ment period. ceiving capital investments under the Pro- 10, United States Code, and is compliant ‘‘(III) The low- and moderate-income com- gram to provide linguistically and culturally with State interest rate laws; and munity financial institution determines that appropriate outreach and advertising de- ‘‘(V) includes details on how the applicant the payment would be detrimental to the fi- scribing the availability and application plans to expand or maintain significant lend- nancial health of the institution. process of receiving loans made possible by ing or investment activity in low- or mod- ‘‘(ii) TESTING DURING NEXT PAYMENT PE- the Program through organizations, trade erate-income minority communities, to his- RIOD.—Any deferred annual payment under associations, and individuals that represent torically disadvantaged borrowers, and to this subsection shall be tested against the or work within or are members of minority minorities that have significant unmet cap- metrics described in clause (i) at the begin- communities. ital or financial services needs. ning of the next payment period, and such ‘‘(9) RESTRICTIONS.— ‘‘(ii) COMMUNITY DEVELOPMENT LOAN payments shall continue to be deferred until ‘‘(A) IN GENERAL.—Not later than the end FUNDS.—An applicant that is not an insured the metrics described in that clause are no of the 30-day period beginning on the date of community development financial institu- longer applicable. enactment of this subsection, the Secretary tion or otherwise regulated by a Federal fi- ‘‘(5) RESTRICTIONS.— of the Treasury shall issue rules setting re- nancial regulator shall submit the plan de- ‘‘(A) IN GENERAL.—Each low- and mod- strictions on executive compensation, share scribed in clause (i) only to the Secretary. erate-income community financial institu- buybacks, and dividend payments for recipi- ‘‘(iii) DOCUMENTATION.—In the case of an tion may only issue financial instruments or ents of capital investments under the Pro- applicant that is certified as a community senior preferred stock under this subsection gram. development financial institution as of the with an aggregate principal amount that is— ‘‘(B) RULE OF CONSTRUCTION.—The provi- date of enactment of this subsection, for pur- ‘‘(i) not more than 15 percent of risk- sions of section 4019 shall apply to invest- poses of clause (i)(I), the Secretary may rely weighted assets for an institution with as- ments made under the Program. on documentation submitted the Fund as sets of more than $2,000,000,000; ‘‘(10) TERMINATION OF INVESTMENT AUTHOR- part of certification compliance reporting. ‘‘(ii) not more than 25 percent of risk- ITY.—The authority to make capital invest- ‘‘(4) INCENTIVES TO INCREASE LENDING AND weighted assets for an institution with as- ments in low- and moderate-income commu- PROVIDE AFFORDABLE CREDIT.— sets of not less than $500,000,000 and not more nity financial institutions, including com- ‘‘(A) REQUIREMENTS ON PREFERRED STOCK than $2,000,000,000; and mitments to purchase preferred stock or AND OTHER FINANCIAL INSTRUMENT.—Any fi- ‘‘(iii) not more than 30 percent of risk- other instruments, provided under the Pro- nancial instrument issued to Treasury by a weighted assets for an institution with as- gram shall terminate on the date that is 36 low- and moderate-income community finan- sets of less than $500,000,000. months after the date of enactment of this cial institution under the Program shall pro- ‘‘(B) HOLDING OF INSTRUMENTS.—Holding subsection. vide the following: any instrument of a low- and moderate-in- ‘‘(11) COLLECTION OF DATA.—Notwith- ‘‘(i) No dividends, interest or other pay- come community financial institution de- standing the Equal Credit Opportunity Act ments shall exceed 2 percent per annum. scribed in subparagraph (A) shall not give (15 U.S.C. 1691 et seq.)— ‘‘(ii) After the first 24 months from the the Treasury or any successor that owns the ‘‘(A) any low- and moderate-income com- date of the capital investment under the instrument any rights over the management munity financial institution may collect Program, annual payments may be required, of the institution. data described in section 701(a)(1) of that Act as determined by the Secretary and in ac- ‘‘(C) SALE OF INTEREST.—With respect to a (15 U.S.C. 1691(a)(1)) from borrowers and ap- cordance with this section, and adjusted capital investment made into a low- and plicants for credit for the purpose of moni- downward based on the amount of affordable moderate-income community financial insti- toring compliance under the plan required credit provided by the low- and moderate-in- tution under this subsection, the Secretary— under paragraph (4)(B); and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7753 ‘‘(B) a low- and moderate-income commu- Tribes and Tribal organizations, and other as a ‘‘CDE’’) is a domestic corporation or nity financial institution that collects the suitable providers. partnership that is an intermediary vehicle data described in subparagraph (A) shall not (b) SET ASIDES.—Of the amounts appro- for the provision of loans, investments, or fi- be subject to adverse action related to that priated pursuant to the authorization under nancial counseling in low-income commu- collection by the Bureau of Consumer Finan- subsection (a), the following amounts shall nities. The CDFI Fund certifies community cial Protection or any other Federal agency. be set aside: development financial institutions and ‘‘(12) DEPOSIT OF FUNDS.—All funds received (1) Up to $400,000,000, to remain available CDEs. Becoming a certified community de- by the Secretary in connection with pur- until expended, to provide grants to CDFIs— velopment financial institution or CDE al- chases made pursuant this subsection, in- (A) to expand lending or investment activ- lows organizations to participate in various cluding interest payments, dividend pay- ity in low- or moderate-income minority CDFI Fund programs as follows: ments, and proceeds from the sale of any fi- communities and to minorities that have (A) The Bank Enterprise Award Program, nancial instrument, shall be deposited into significant unmet capital or financial serv- which provides FDIC-insured depository in- the Fund and used to provide financial and ices needs, of which not less than $10,000,000 stitutions awards for a demonstrated in- technical assistance pursuant to section 108 may be for grants to benefit Native Amer- crease in lending and investments in dis- of the Riegle Community Development and ican, Native Hawaiian, and Alaska Native tressed communities and community devel- Regulatory Improvement Act of 1994 (12 communities; and opment financial institutions. U.S.C. 4707), except that subsection (e) of (B) using a formula that takes into ac- (B) The CDFI Program, which provides fi- that section shall be waived. count criteria such as certification status, fi- nancial and technical assistance awards to ‘‘(13) EQUITY EQUIVALENT INVESTMENT OP- nancial and compliance performance, port- community development financial institu- TION.— folio and balance sheet strength, a diversity tions to reinvest in the CDFI Fund, and to ‘‘(A) IN GENERAL.—The Secretary shall es- of CDFI business model types, and program build the capacity of the CDFI Fund, includ- tablish an Equity Equivalent Investment Op- capacity, as well as experience making loans ing financing product development and loan tion, under which, with respect to a specific and investments to those areas and popu- loss reserves. investment in a low- and moderate-income lations identified in this paragraph. (C) The Native American CDFI Assistance community financial institution— (2) Up to $160,000,000, to remain available Program, which provides CDFIs and spon- ‘‘(i) 80 percent of such investment is made until expended, for technical assistance, soring entities Financial and Technical As- by the Secretary under the Program; and technology, and training under sections sistance awards to increase lending and grow ‘‘(ii) 20 percent of such investment if made 108(a)(1)(B) and 109, respectively, of the Com- the number of CDFIs owned by Native Amer- by a banking institution. munity Development Banking and Financial icans to help build capacity of such CDFIs. ‘‘(B) REQUIREMENT TO FOLLOW SIMILAR Institutions Act of 1994 (12 U.S.C. (D) The New Market Tax Credit Program, TERMS AND CONDITIONS.—The terms and con- 4707(a)(1)(B), 4708), with a preference for mi- which provides tax credits for making equity ditions applicable to investments made by nority lending institutions. investments in CDEs that stimulate capital the Secretary under the Program shall apply (3) Up to $800,000,000, to remain available investments in low-income communities. to any investment made by a banking insti- until expended, shall be for providing finan- (E) The Capital Magnet Fund, which pro- tution under this paragraph. cial assistance, technical assistance, awards, vides awards to CDFIs and nonprofit afford- ‘‘(C) LIMITATIONS.—The amount of a spe- training, and outreach programs described able housing organizations to finance afford- cific investment described under subpara- under subsection (a) to recipients that are able housing solutions and related economic graph (A) may not exceed $10,000,000, but the minority lending institutions. development activities. receipt of an investment under subparagraph (c) ADMINISTRATIVE EXPENSES.—Funds ap- (F) The Bond Guarantee Program, a source (A) shall not preclude the recipient from propriated pursuant to the authorization of long-term, patient capital for CDFIs to ex- being eligible for other assistance under the under subsection (a) may be used for admin- pand lending and investment capacity for Program. istrative expenses, including administration community and economic development pur- of Fund programs and the New Markets Tax ‘‘(D) BANKING INSTITUTION DEFINED.—In this poses. Credit Program under section 45D of the In- paragraph, the term ‘banking institution’ (2) The Department of the Treasury is au- ternal Revenue Code of 1986. means any entity with respect to which thorized to create multi-year grant programs (d) DEFINITIONS.—In this section: there is an appropriate Federal banking (1) CDFI.—The term ‘‘CDFI’’ means a com- designed to encourage low-to-moderate in- agency, as defined in section 3 of the Federal munity development financial institution, as come individuals to establish accounts at Deposit Insurance Act (12 U.S.C. 1813). defined in section 103 of the Community De- federally insured banks, and to improve low- ‘‘(j) APPLICATION OF THE MILITARY LENDING velopment Banking and Financial Institu- to-moderate income individuals’ access to ACT.— tions Act of 1994 (12 U.S.C. 4702). such accounts on reasonable terms. (3) Under this authority, grants to partici- ‘‘(1) IN GENERAL.—No low- and moderate-in- (2) FUND.—The term ‘‘Fund’’ means the come community financial institution that Community Development Financial Institu- pants in CDFI Fund programs may be used receives an equity investment under sub- tions Fund established under section 104(a) for loan-loss reserves and to establish small- section (i) shall, for so long as the invest- of the Community Development Banking and dollar loan programs by subsidizing related ment or participation continues, make any Financial Institutions Act of 1994 (12 U.S.C. losses. These grants also allow for the pro- loan at an annualized percentage rate above 4703(a)). viding recipients with the financial coun- seling and education necessary to conduct 36 percent, as determined in accordance with (3) MINORITY; MINORITY LENDING INSTITU- transactions and manage their accounts. section 987(b) of title 10, United States Code TION.—The terms ‘‘minority’’ and ‘‘minority (commonly known as the ‘Military Lending lending institution’’ have the meanings These loans provide low-cost alternatives to Act)’. given those terms, respectively, under sub- payday loans and other nontraditional forms ‘‘(2) NO EXEMPTIONS PERMITTED.—The ex- paragraphs (A) and (B) of paragraph (22) of of financing that often impose excessive in- emption authority of the Bureau under sec- section 103 of the Community Development terest rates and fees on borrowers, and lead tion 105(f) of the Truth in Lending Act (15 Banking and Financial Institutions Act of millions of people in the United States to U.S.C. 1604(f)) shall not apply with respect to 1994 (12 U.S.C. 4702), as added by section 4509. fall into debt traps. Small-dollar loans can this subsection.’’. only be made pursuant to terms, conditions, SEC. 4507. ENSURING DIVERSITY IN COMMUNITY SEC. 4506. EMERGENCY SUPPORT FOR CDFIS AND BANKING. and practices that are reasonable for the in- COMMUNITIES. (a) SENSE OF CONGRESS ON FUNDING THE dividual consumer obtaining the loan. (a) AUTHORIZATION OF APPROPRIATIONS.— LOAN-LOSS RESERVE FUND FOR SMALL DOLLAR (4) Program participation is restricted to There is authorized to be appropriated to the LOANS.—The sense of Congress is the fol- eligible institutions, which are limited to or- Fund $4,000,000,000 for fiscal year 2021, for lowing: ganizations listed in section 501(c)(3) of the providing financial assistance and technical (1) The Community Development Financial Internal Revenue Code of 1986 and exempt assistance under subparagraphs (A) and (B) Institutions Fund (referred to in this sub- from tax under 501(a) of such Code, federally of section 108(a)(1) of the Community Devel- section as the ‘‘CDFI Fund’’) is an agency of insured depository institutions, community opment Banking and Financial Institutions the Department of the Treasury, and was es- development financial institutions and Act of 1994 (12 U.S.C. 4707(a)(1)), except that tablished under section 104(a) of the Commu- State, local, or Tribal governmental entities. subsection (d) of such section 108 shall not nity Development Banking and Financial In- (5) Since its founding, the CDFI Fund has apply to the provision of such assistance, for stitutions Act of 1994 (12 U.S.C. 4703(a)). The awarded over $3,300,000,000 to CDFIs and the Bank Enterprise Award program, and for mission of the CDFI Fund is ‘‘to expand eco- CDEs and has allocated $54,000,000,000 in tax financial assistance, technical assistance, nomic opportunity for underserved people credits and $1,510,000,000 in bond guarantees. training, and outreach programs designed to and communities by supporting the growth According to the CDFI Fund, some programs benefit Native American, Native Hawaiian, and capacity of a national network of com- attract as much as $10 in private capital for and Alaska Native communities and pro- munity development lenders, investors, and every $1 invested by the CDFI Fund. The Ad- vided primarily through qualified commu- financial service providers’’. A community ministration and Congress should prioritize nity development lender organizations with development financial institution is a spe- appropriation of funds for the loan loss re- experience and expertise in community de- cialized financial institution serving low-in- serve fund and technical assistance programs velopment banking and lending in Indian come communities and a Community Devel- administered by the CDFI Fund. country, Native American organizations, opment Entity (referred to in this subsection (b) DEFINITIONS.—In this section:

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(1) COMMUNITY DEVELOPMENT FINANCIAL IN- (1) ESTABLISHMENT.—Each covered regu- Reform, Recovery, and Enforcement Act of STITUTION.—The term ‘‘community develop- lator shall establish an advisory committee 1989 (12 U.S.C. 1463 note)). ment financial institution’’ has the meaning to be called the ‘‘Minority Depositories Advi- (C) DEPOSITORY INSTITUTION.—The term given the term in section 103 of the Commu- sory Committee’’. ‘‘depository institution’’ has the meaning nity Development Banking and Financial In- (2) DUTIES.—Each Minority Depositories given the term in section 3 of the Federal stitutions Act of 1994 (12 U.S.C. 4702). Advisory Committee shall provide advice to Deposit Insurance Act (12 U.S.C. 1813). (2) MINORITY DEPOSITORY INSTITUTION.—The the respective covered regulator on meeting (D) INSURED CREDIT UNION.—The term ‘‘in- term ‘‘minority depository institution’’ has the goals established by section 308 of the Fi- sured credit union’’ has the meaning given the meaning given the term in section 308(b) nancial Institutions Reform, Recovery, and the term in section 101 of the Federal Credit of the Financial Institutions Reform, Recov- Enforcement Act of 1989 (12 U.S.C. 1463 note) Union Act (12 U.S.C. 1752). ery, and Enforcement Act of 1989 (12 U.S.C. to preserve the present number of covered (7) TECHNICAL AMENDMENT.—Section 308(b) 1463 note). minority institutions, preserve the minority of the Financial Institutions Reform, Recov- (c) ESTABLISHMENT OF IMPACT BANK DES- character of covered minority-owned institu- ery, and Enforcement Act of 1989 (12 U.S.C. IGNATION.— tions in cases involving mergers or acquisi- 1463 note) is amended by adding at the end (1) IN GENERAL.—Each Federal banking tions, provide technical assistance, and en- the following: agency shall establish a program under courage the creation of new covered minor- ‘‘(3) DEPOSITORY INSTITUTION.—The term which a depository institution with total ity institutions. The scope of the work of ‘depository institution’ means an ‘insured consolidated assets of less than $10,000,000,000 each such Minority Depositories Advisory depository institution’ (as defined in section may elect to be designated as an impact Committee shall include an assessment of 3 of the Federal Deposit Insurance Act (12 bank if the total dollar value of the loans ex- the current condition of covered minority in- U.S.C. 1813)) and an insured credit union (as tended by such depository institution to low- defined in section 101 of the Federal Credit income borrowers is greater than or equal to stitutions, what regulatory changes or other steps the respective agencies may be able to Union Act (12 U.S.C. 1752)).’’. 50 percent of the assets of such bank. (e) FEDERAL DEPOSITS IN MINORITY DEPOSI- take to fulfill the requirements of such sec- (2) NOTIFICATION OF ELIGIBILITY.—Based on TORY INSTITUTIONS.— tion 308, and other issues of concern to cov- data obtained through examinations of de- (1) IN GENERAL.—Section 308 of the Finan- ered minority institutions. pository institutions, the appropriate Fed- cial Institutions Reform, Recovery, and En- (3) MEMBERSHIP.— eral banking agency shall notify a deposi- forcement Act of 1989 (12 U.S.C. 1463 note) is (A) IN GENERAL.—Each Minority Deposi- tory institution if the institution is eligible amended— tories Advisory Committee shall consist of to be designated as an impact bank. (A) in subsection (b), as amended by sub- no more than 10 members, who— (3) APPLICATION.—Regardless of whether a section (d)(7) of this section, by adding at the (i) shall serve for 1 2-year term; depository institution has received a notice end the following new paragraph: (ii) shall serve as a representative of a de- of eligibility under paragraph (2), a deposi- ‘‘(4) IMPACT BANK.—The term ‘impact bank’ pository institution or an insured credit tory institution may submit an application means a depository institution designated by union with respect to which the respective to the appropriate Federal banking agency— the appropriate Federal banking agency pur- covered regulator is the covered regulator of (A) requesting to be designated as an im- suant to section 4507(c) of the Economic Jus- such depository institution or insured credit pact bank; and tice Act.’’; and union; and (B) demonstrating that the depository in- (B) by adding at the end the following: (iii) shall not receive pay by reason of their stitution meets the applicable qualifications. ‘‘(d) FEDERAL DEPOSITS.—The Secretary of (4) LIMITATION ON ADDITIONAL DATA RE- service on the advisory committee, but may the Treasury shall ensure that deposits made QUIREMENTS.—The Federal banking agencies receive travel or transportation expenses in by Federal agencies in minority depository may only impose additional data collection accordance with section 5703 of title 5, institutions and impact banks are requirements on a depository institution United States Code. collateralized or insured, as determined by under this subsection if such data is— (B) DIVERSITY.—To the extent practicable, the Secretary. Such deposits shall include (A) necessary to process an application each covered regulator shall ensure that the reciprocal deposits as defined in section submitted by the depository institution to members of the Minority Depositories Advi- 337.6(e)(2)(v) of title 12, Code of Federal Reg- be designated an impact bank; or sory Committee of such agency reflect the ulations (as in effect on March 6, 2019).’’. (B) with respect to a depository institution diversity of covered minority institutions. (2) TECHNICAL AMENDMENTS.—Section 308(b) that is designated as an impact bank, nec- (4) MEETINGS.— of the Financial Institutions Reform, Recov- essary to ensure the depository institution’s (A) IN GENERAL.—Each Minority Deposi- ery, and Enforcement Act of 1989 (12 U.S.C. ongoing qualifications to maintain such des- tories Advisory Committee shall meet not 1463 note) is amended— ignation. less frequently than twice each year. (A) in the matter preceding paragraph (1), (5) REMOVAL OF DESIGNATION.—If the appro- (B) NOTICE AND INVITATIONS.—Each Minor- by striking ‘‘section—’’ and inserting ‘‘sec- priate Federal banking agency determines ity Depositories Advisory Committee shall— tion:’’; and that a depository institution designated as (i) notify the Committee on Financial (B) in the paragraph heading for paragraph an impact bank no longer meets the criteria Services of the House of Representatives and (1), by striking ‘‘FINANCIAL’’ and inserting for such designation, the appropriate Federal the Committee on Banking, Housing, and ‘‘DEPOSITORY’’. banking agency shall rescind the designation Urban Affairs of the Senate in advance of (f) MINORITY BANK DEPOSIT PROGRAM.— and notify the depository institution of such each meeting of the Minority Depositories (1) IN GENERAL.—Section 1204 of the Finan- rescission. Advisory Committee; and cial Institutions Reform, Recovery, and En- (6) RECONSIDERATION OF DESIGNATION; AP- (ii) invite the attendance at each meeting forcement Act of 1989 (12 U.S.C. 1811 note) is PEALS.—Under such procedures as the Fed- of the Minority Depositories Advisory Com- amended to read as follows: eral banking agencies may establish, a de- mittee of— ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY DE- pository institution may— (I) one member of the majority party and POSITORY INSTITUTIONS. (A) submit to the appropriate Federal one member of the minority party of the ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— banking agency a request to reconsider a de- Committee on Financial Services of the ‘‘(1) ESTABLISHMENT.—There is established termination that such depository institution House of Representatives and the Committee a program to be known as the ‘Minority no longer meets the criteria for the designa- on Banking, Housing, and Urban Affairs of Bank Deposit Program’ to expand the use of tion; or the Senate; and minority depository institutions. (B) file an appeal of such determination. (II) one member of the majority party and ‘‘(2) ADMINISTRATION.—The Secretary of (7) RULEMAKING.—Not later than 1 year one member of the minority party of any rel- the Treasury, acting through the Bureau of after the date of enactment of this Act, the evant subcommittees of such committees. the Fiscal Service, shall— Federal banking agencies shall jointly issue (5) NO TERMINATION OF ADVISORY COMMIT- ‘‘(A) on application by a depository insti- rules to carry out the requirements of this TEES.—The termination requirements under tution or credit union, certify whether such subsection, including by providing a defini- section 14 of the Federal Advisory Com- depository institution or credit union is a tion of a low-income borrower. mittee Act (5 U.S.C. App.) shall not apply to minority depository institution; (8) REPORTS.—Each Federal banking agen- a Minority Depositories Advisory Committee ‘‘(B) maintain and publish a list of all de- cy shall submit an annual report to Congress established pursuant to this subsection. pository institutions and credit unions that containing a description of actions taken to (6) DEFINITIONS.—In this subsection: have been certified pursuant to subparagraph carry out this subsection. (A) COVERED REGULATOR.—The term ‘‘cov- (A); and (9) FEDERAL DEPOSIT INSURANCE ACT DEFINI- ered regulator’’ means the Comptroller of ‘‘(C) periodically distribute the list de- TIONS.—In this subsection, the terms ‘‘depos- the Currency, the Board of Governors of the scribed in subparagraph (B) to— itory institution’’, ‘‘appropriate Federal Federal Reserve System, the Federal Deposit ‘‘(i) all Federal departments and agencies; banking agency’’, and ‘‘Federal banking Insurance Corporation, and the National ‘‘(ii) interested State and local govern- agency’’ have the meanings given such Credit Union Administration. ments; and terms, respectively, in section 3 of the Fed- (B) COVERED MINORITY INSTITUTION.—The ‘‘(iii) interested private sector companies. eral Deposit Insurance Act (12 U.S.C. 1813). term ‘‘covered minority institution’’ means ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON (d) MINORITY DEPOSITORIES ADVISORY COM- a minority depository institution (as defined LIST.—A depository institution or credit MITTEES.— in section 308(b) of the Financial Institutions union that, on the date of enactment of the

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7755 Economic Justice Act, has a current certifi- the covered regulator, and make publicly (B) ensure each covered bank participating cation from the Secretary of the Treasury available best practices— in the program established under this sub- stating that such depository institution or (A) for increasing the diversity of can- section— credit union is a minority depository institu- didates applying for examiner positions, in- (i) has appropriate policies relating to tion shall be included on the list described cluding through outreach efforts to recruit management of assets, including measures to under paragraph (2)(B). diverse candidates to apply for entry-level ensure the safety and soundness of each such ‘‘(b) EXPANDED USE AMONG FEDERAL DE- examiner positions; and covered bank; and PARTMENTS AND AGENCIES.— (B) for retaining and providing fair consid- (ii) is compliant with applicable law; and ‘‘(1) IN GENERAL.—Not later than 1 year eration for promotions within the examiner (C) ensure, to the extent practicable, that after the establishment of the program de- staff for purposes of achieving diversity the rules do not conflict with goals described scribed in subsection (a), the head of each among examiners. in section 308(a) of the Financial Institutions Federal department or agency shall develop (3) COVERED REGULATOR DEFINED.—In this Reform, Recovery, and Enforcement Act of and implement standards and procedures to subsection, the term ‘‘covered regulator’’ 1989 (12 U.S.C. 1463 note). prioritize, to the maximum extent possible means the Comptroller of the Currency, the (3) LIMITATIONS.— as permitted by law and consistent with Board of Governors of the Federal Reserve (A) DEPOSITS.—With respect to the funds of principles of sound financial management, System, the Federal Deposit Insurance Cor- an individual qualifying account, an entity the use of minority depository institutions poration, and the National Credit Union Ad- may not deposit an amount greater than the to hold the deposits of each such department ministration. insured amount in a single covered bank. or agency. (h) INVESTMENTS IN MINORITY DEPOSITORY (B) TOTAL DEPOSITS.—The total amount of ‘‘(2) REPORT TO CONGRESS.—Not later than 2 INSTITUTIONS AND IMPACT BANKS.— funds deposited in a covered bank under the years after the establishment of the program (1) CONTROL FOR CERTAIN INSTITUTIONS.— program described in this subsection may described in subsection (a), and annually Section 7(j)(8)(B) of the Federal Deposit In- not exceed the lesser of— thereafter, the head of each Federal depart- surance Act (12 U.S.C. 1817(j)(8)(B)) is amend- (i) 10 percent of the average amount of de- ment or agency shall submit to Congress a ed to read as follows: posits held by the covered bank in the pre- report on the actions taken to increase the ‘‘(B) ‘control’ means the power, directly or vious quarter; or use of minority depository institutions to indirectly— (ii) $100,000,000 (as adjusted for inflation). hold the deposits of each such department or ‘‘(i) to direct the management or policies (4) REPORT.—Each quarter, the Secretary agency. of the Treasury shall submit to Congress a ‘‘(c) DEFINITIONS.—For purposes of this sec- of an insured depository institution; or tion: ‘‘(ii)(I) to vote 25 per centum or more of report on the implementation of the program established under this subsection, including ‘‘(1) CREDIT UNION.—The term ‘credit union’ any class of voting securities of an insured has the meaning given the term ‘insured depository institution; or information identifying participating cov- credit union’ in section 101 of the Federal ‘‘(II) with respect to an insured depository ered banks and the total amount of deposits Credit Union Act (12 U.S.C. 1752). institution that is an impact bank (as des- received by covered banks under the pro- gram. ‘‘(2) DEPOSITORY INSTITUTION.—The term ignated pursuant to section 4507(c) of the ‘depository institution’ has the meaning Economic Justice Act) or a minority deposi- (5) DEFINITIONS.—In this subsection: given the term in section 3 of the Federal tory institution (as defined in section 308(b) (A) APPROPRIATE FEDERAL BANKING AGENCY; Deposit Insurance Act (12 U.S.C. 1813). of the Financial Institutions Reform, Recov- FEDERAL BANKING AGENCY.—The terms ‘‘ap- propriate Federal banking agency’’ and ‘‘(3) MINORITY.—The term ‘minority’ means ery, and Enforcement Act of 1989 (12 U.S.C. any Black American, Native American, His- 1463 note)), of an individual to vote 30 per- ‘‘Federal banking agencies’’ have the mean- panic American, or Asian American. cent or more of any class of voting securities ing given those terms, respectively, in sec- tion 3 of the Federal Deposit Insurance Act. ‘‘(4) MINORITY DEPOSITORY INSTITUTION.— of such an impact bank or a minority deposi- The term ‘minority depository institution’ tory institution.’’. (12 U.S.C. 1813). has the meaning given the term in section (2) RULEMAKING.—The Federal banking (B) COVERED BANK.—The term ‘‘covered 308(b).’’. agencies shall jointly issue rules for de novo bank’’ means— (i) a minority depository institution that (2) CONFORMING AMENDMENTS.—The fol- minority depository institutions to allow 3 lowing provisions are amended by striking years to meet the capital requirements oth- is well capitalized, as defined by the appro- ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: erwise applicable to minority depository in- priate Federal banking agency; or (A) Section 808(b)(3) of the Community Re- stitutions. (ii) a depository institution designated as investment Act of 1977 (12 U.S.C. 2907(b)(3)). (3) REPORT.—Not later than 1 year after an impact bank pursuant to subsection (c) (B) Section 40(g)(1)(B) of the Federal De- the date of enactment of this Act, the Fed- that is well capitalized, as defined by the ap- posit Insurance Act (12 U.S.C. 1831q(g)(1)(B)). eral banking agencies shall jointly submit to propriate Federal banking agency. (C) Section 704B(h)(4) of the Equal Credit Congress a report on— (C) INSURED AMOUNT.—The term ‘‘insured Opportunity Act (15 U.S.C. 1691c–2(h)(4)). (A) the principal causes for the low number amount’’ means the amount that is the (g) DIVERSITY REPORT AND BEST PRAC- of de novo minority depository institutions greater of— TICES.— during the 10-year period preceding the date (i) the standard maximum deposit insur- (1) ANNUAL REPORT.—Each covered regu- of the report; ance amount (as defined in section 11(a)(1)(E) lator shall submit to Congress an annual re- (B) the main challenges to the creation of of the Federal Deposit Insurance Act (12 port on diversity that includes the following: de novo minority depository institutions; U.S.C. 1821(a)(1)(E))); or (A) Data, based on voluntary self-identi- and (ii) such higher amount negotiated be- fication, on the racial, ethnic, and gender (C) regulatory and legislative consider- tween the Secretary of the Treasury and the composition of the examiners of each cov- ations to promote the establishment of de Federal Deposit Insurance Corporation under ered regulator, disaggregated by length of novo minority depository institutions. which the Corporation will insure all depos- time served as an examiner. (4) DEFINITIONS.—In this subsection: its of such higher amount. (B) The status of any examiners of covered (A) FEDERAL BANKING AGENCY.—The term (D) MINORITY DEPOSITORY INSTITUTION.— regulators, based on voluntary self-identi- ‘‘Federal banking agency’’ has the meaning The term ‘‘minority depository institution’’ fication, as a veteran, as defined in section given the term in section 3 of the Federal has the meaning given the term in section 101 of title 38, United States Code. Deposit Insurance Act (12 U.S.C. 1813). 308(b) of the Financial Institutions Reform, (C) Whether any covered regulator, as of (B) MINORITY DEPOSITORY INSTITUTION.— Recovery, and Enforcement Act of 1989 (12 the date on which the report required under The term ‘‘minority depository institution’’ U.S.C. 1463 note). this subsection is submitted, has adopted a has the meaning given the term in section (E) QUALIFYING ACCOUNT.—The term policy, plan, or strategy to promote racial, 308(b) of the Financial Institutions Reform, ‘‘qualifying account’’ means any account es- ethnic, and gender diversity among exam- Recovery, and Enforcement Act of 1989 (12 tablished in the Department of the Treasury iners of the covered regulator. U.S.C. 1463 note). that— (D) Whether any special training is devel- (i) CUSTODIAL DEPOSIT PROGRAM FOR COV- (i) is controlled by the Secretary; and oped and provided for examiners related spe- ERED MINORITY DEPOSITORY INSTITUTIONS AND (ii) is expected to maintain a balance cifically to working with depository institu- IMPACT BANKS.— greater than $200,000,000 for the following 24- tions and credit unions, as those terms are (1) IN GENERAL.—Not later than 1 year after month period. defined in section 1204(c) of the Financial In- the date of enactment of this Act, the Sec- (j) STREAMLINED COMMUNITY DEVELOPMENT stitutions Reform, Recovery, and Enforce- retary of the Treasury shall issue rules es- FINANCIAL INSTITUTION APPLICATIONS AND RE- ment Act of 1989 (12 U.S.C. 1811 note), as tablishing a custodial deposit program under PORTING.— amended by subsection (f)(1) of this section, which a covered bank may receive deposits (1) APPLICATION PROCESSES.—Not later than that serve communities that are predomi- from a qualifying account. 1 year after the date of enactment of this nantly minorities, low income, or rural, and (2) REQUIREMENTS.—In issuing rules under Act and with respect to any person having the key focus of such training. paragraph (1), the Secretary of the Treasury assets under $3,000,000,000 that submits an (2) BEST PRACTICES.—Each Office of Minor- shall— application for deposit insurance with the ity and Women Inclusion of a covered regu- (A) consult with the Federal banking agen- Federal Deposit Insurance Corporation that lator shall develop, provide to the head of cies; could also become a community development

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7756 CONGRESSIONAL RECORD — SENATE December 18, 2020 financial institution, the Federal Deposit In- tutions, and impact banks to increase the ‘‘(A) the number of financial agents, large surance Corporation, in consultation with volume of loans provided by those institu- financial institutions, and small financial in- the Administrator of the Community Devel- tions to small business concerns. stitutions participating in the Program; and opment Financial Institutions Fund, shall— (3) REPORT TO CONGRESS.—Not later than 18 ‘‘(B) the number of outreach events de- (A) develop systems and procedures to months after the establishment of the task scribed in paragraph (2) held during the year record necessary information to allow the force described in paragraph (2), the Admin- covered by the report. Administrator to conduct preliminary anal- istrator shall submit to Congress a report on ‘‘(6) DEFINITIONS.—In this subsection: ysis for such person to also become a com- the findings of the task force. ‘‘(A) COMMUNITY DEVELOPMENT FINANCIAL munity development financial institution; INSTITUTION.—The term ‘community develop- and SEC. 4508. ESTABLISHMENT OF FINANCIAL ment financial institution’ has the meaning (B) develop procedures to streamline the AGENT PARTNERSHIP PROGRAM. given the term in section 103 of the Commu- application and annual certification proc- (a) IN GENERAL.—Section 308 of the Finan- nity Development Banking and Financial In- esses and to reduce costs for such person to cial Institutions Reform, Recovery, and En- stitutions Act of 1994 (12 U.S.C. 4702). become, and maintain certification as, a forcement Act of 1989 (12 U.S.C. 1463 note), as ‘‘(B) FINANCIAL AGENT.—The term ‘finan- community development financial institu- amended by section 4507(e), is amended by cial agent’ means any national banking asso- tion. adding at the end the following: ciation designated by the Secretary of the (2) IMPLEMENTATION REPORT.—Not later Treasury to be employed as a financial agent ‘‘(e) FINANCIAL AGENT PARTNERSHIP PRO- than 18 months after the date of enactment of the Federal Government. GRAM.— of this Act, the Federal Deposit Insurance ‘‘(C) LARGE FINANCIAL INSTITUTION.—The ‘‘(1) IN GENERAL.—The Secretary of the Corporation shall submit to Congress a re- term ‘large financial institution’ means any Treasury shall establish a program to be port describing the systems and procedures entity regulated by the Comptroller of the known as the ‘Financial Agent Partnership required under paragraph (1). Currency, the Board of Governors of the Fed- Program’ (in this subsection referred to as (3) ANNUAL REPORT.— eral Reserve System, the Federal Deposit In- the ‘Program’) under which a financial agent (A) IN GENERAL.—Section 17(a)(1) of the surance Corporation, or the National Credit designated by the Secretary or a large finan- Federal Deposit Insurance Act (12 U.S.C. Union Administration that has total consoli- cial institution may serve as a mentor, 1827(a)(1)) is amended— dated assets of not less than $50,000,000,000. under guidance or regulations prescribed by (i) in subparagraph (E), by striking ‘‘and’’ ‘‘(D) SMALL FINANCIAL INSTITUTION.—The the Secretary, to a small financial institu- at the end; term ‘small financial institution’ means— tion to allow the small financial institu- (ii) by redesignating subparagraph (F) as ‘‘(i) any entity regulated by the Comp- tion— subparagraph (G); troller of the Currency, the Board of Gov- ‘‘(A) to be prepared to perform as a finan- (iii) by inserting after subparagraph (E) ernors of the Federal Reserve System, the cial agent; or the following: Federal Deposit Insurance Corporation, or ‘‘(B) to improve capacity to provide serv- ‘‘(F) applicants for deposit insurance that the National Credit Union Administration ices to the customers of the small financial could also become community development that has total consolidated assets of not institution. financial institutions (as defined in section more than $2,000,000,000; or ‘‘(2) OUTREACH.—The Secretary shall hold 103 of the Community Development Banking ‘‘(ii) a minority depository institution.’’. outreach events to promote the participation and Financial Institutions Act of 1994 (12 (b) EFFECTIVE DATE.—This section and the U.S.C. 4702)), minority depository institu- of financial agents, large financial institu- amendments made by this section shall take tions (as defined in section 308 of the Finan- tions, and small financial institutions in the effect on the date that is 90 days after the cial Institutions Reform, Recovery, and En- Program at least once a year. date of enactment of this Act. INANCIAL PARTNERSHIPS forcement Act of 1989 (12 U.S.C. 1463 note)), ‘‘(3) F .— SEC. 4509. STRENGTHENING MINORITY LENDING or impact banks (as designated pursuant to ‘‘(A) IN GENERAL.—Any large financial in- INSTITUTIONS. section 4507(c) of the Economic Justice Act); stitution participating in the Program with (a) MINORITY LENDING INSTITUTION SET- and’’. the Department of the Treasury, if not al- ASIDE IN PROVIDING ASSISTANCE.— (B) APPLICATION.—The amendment made ready required to include a small financial (1) IN GENERAL.—Section 108 of the Commu- by this paragraph shall apply with respect to institution, shall offer not more than 5 per- nity Development Banking and Financial In- the first report to be submitted after the cent of every contract under that program to stitutions Act of 1994 (12 U.S.C. 4707) is date that is 2 years after the date of enact- a small financial institution. amended by adding at the end the following: ment of this Act. ‘‘(B) ACCEPTANCE OF RISK.—As a require- ‘‘(i) MINORITY LENDING INSTITUTION SET- (4) DEFINITION.—In this subsection, the ment of participation in a contract described ASIDE IN PROVIDING ASSISTANCE.—Notwith- term ‘‘community development financial in- in subparagraph (A), a small financial insti- standing any other provision of law, in pro- stitution’’ has the meaning given the term in tution shall accept the risk of the trans- viding any assistance, the Fund shall reserve section 103 of the Community Development action equivalent to the percentage of any 40 percent of such assistance for minority Banking and Financial Institutions Act of fee the institution receives under the con- lending institutions.’’. 1994 (12 U.S.C. 4702). tract. (2) DEFINITIONS.— (k) TASK FORCE ON LENDING TO SMALL BUSI- ‘‘(C) PARTNER.—A large financial institu- (A) IN GENERAL.—Section 103 of the Com- NESS CONCERNS.— tion partner may work with small financial munity Development Banking and Financial (1) DEFINITIONS.—In this subsection: institutions, if necessary, to train profes- Institutions Act of 1994 (12 U.S.C. 4702) is (A) ADMINISTRATOR.—The term ‘‘Adminis- sionals to understand any risks involved in a amended by adding at the end the following: trator’’ means the Administrator of the contract under the Program. ‘‘(22) MINORITY LENDING INSTITUTION DEFINI- Small Business Administration. ‘‘(D) INCREASED LIMIT FOR CERTAIN INSTITU- TIONS.— (B) COMMUNITY DEVELOPMENT FINANCIAL IN- TIONS.—With respect to a program described ‘‘(A) MINORITY.—The term ‘minority’ STITUTION.—The term ‘‘community develop- in subparagraph (A), if the Secretary of the means any Black American, Hispanic Amer- ment financial institution’’ has the meaning Treasury determines that it would be appro- ican, Asian American, Native American, Na- given the term in section 103 of the Commu- priate and would encourage capacity build- tive Alaskan, Native Hawaiian, or Pacific Is- nity Development Banking and Financial In- ing, the Secretary may alter the require- lander. stitutions Act of 1994 (12 U.S.C. 4702). ments under subparagraph (A) to require ‘‘(B) MINORITY LENDING INSTITUTION.—The (C) IMPACT BANK.—The term ‘‘impact both— term ‘minority lending institution’ means a bank’’ means a depository institution des- ‘‘(i) a higher percentage of the contract be community development financial institu- ignated by the appropriate Federal banking offered to a small financial institution; and tion— agency pursuant to section 4507(c). ‘‘(ii) require the small financial institution ‘‘(i) with respect to which a majority of the (D) MINORITY DEPOSITORY INSTITUTION.— to be a community development financial in- total number of loans and a majority of the The term ‘‘minority depository institution’’ stitution or a minority depository institu- value of investments of the community de- has the meaning given the term in section tion. velopment financial institution are directed 308(b) of the Financial Institutions Reform, ‘‘(4) EXCLUSION.—The Secretary shall issue at minorities and other targeted popu- Recovery, and Enforcement Act of 1989 (12 guidance or regulations to establish a proc- lations; U.S.C. 1463 note). ess under which a financial agent, large fi- ‘‘(ii) that is a minority depository institu- (E) SMALL BUSINESS CONCERN.—The term nancial institution, or small financial insti- tion, as defined in section 308(b) of the Fi- ‘‘small business concern’’ has the meaning tution may be excluded from participation in nancial Institutions Reform, Recovery, and given the term in section 3 of the Small the Program. Enforcement Act of 1989 (12 U.S.C. 1463 note), Business Act (15 U.S.C. 632). ‘‘(5) REPORT.—The Office of Minority and or otherwise considered to be a minority de- (2) TASK FORCE.—Not later than 180 days Women Inclusion of the Department of the pository institution by the appropriate Fed- after the date of enactment of this Act, the Treasury shall include in the report sub- eral banking agency; or Administrator shall establish a task force to mitted to Congress under section 342(e) of ‘‘(iii) that is 51 percent owned by 1 or more examine methods for improving relation- the Dodd-Frank Wall Street Reform and socially and economically disadvantaged in- ships between the Small Business Adminis- Consumer Protection Act (12 U.S.C. 5452(e)) dividuals. tration and community development finan- information pertaining to the Program, in- ‘‘(C) ADDITIONAL DEFINITIONS.—In this para- cial institutions, minority depository insti- cluding— graph, the terms ‘other targeted populations’

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7757 and ‘socially and economically disadvan- paragraph, adopted any policy, plan, or opment Financial Institutions Fund, includ- taged individual’ shall have the meaning strategy to promote racial, ethnic, and gen- ing participating institutions and amounts given those terms by the Administrator.’’. der diversity among— each institution has received under each pro- (B) TEMPORARY SAFE HARBOR FOR CERTAIN ‘‘(i) the board of directors of the institu- gram described in paragraph (1). INSTITUTIONS.—A community development fi- tion; (c) BREAKDOWN OF FUNDS.—Each report re- nancial institution that is a minority deposi- ‘‘(ii) nominees for the board of directors of quired under subsection (b) shall specify the tory institution listed in the Federal Deposit the institution; or amount of funds under each program de- Insurance Corporation’s Minority Depository ‘‘(iii) the executive officers of the institu- scribed in subsection (b)(1) that went to— Institutions List published for the Second tion. (1) minority depository institutions that Quarter 2020 shall be deemed a ‘‘minority ‘‘(3) ANNUAL REPORT.—Not later than 18 are depository institutions; lending institution’’ under paragraph (22) of months after the date of enactment of this (2) minority depository institutions that section 103 of the Community Development subsection, and annually thereafter, the are credit unions; Banking and Financial Institutions Act of Fund shall submit to the Committee on (3) minority lending institutions; 1994 (12 U.S.C. 4702), as added by subpara- Banking, Housing, and Urban Affairs of the (4) community development financial insti- graph (A), for purposes of— Senate and the Committee on Financial tution loan funds; (i) any program carried out using appro- Services of the House of Representatives, (5) community development financial insti- priations authorized for the Community De- and make publicly available on the website tutions that are depository institutions; and velopment Financial Institutions Fund of the Fund, a report— (6) community development financial insti- under section 4506; and ‘‘(A) on the data and trends of the diversity tutions that are credit unions. (ii) the Neighborhood Capital Investment information made available pursuant to SEC. 4512. INSPECTOR GENERAL OVERSIGHT. Program established under section 4003(i) of paragraph (2); and (a) IN GENERAL.—The Inspector General of the CARES Act, as added by section 4505(2) ‘‘(B) containing all administrative or legis- the Department of the Treasury shall con- of this Act. lative recommendations of the Fund to en- duct, supervise, and coordinate audits and (b) OFFICE OF MINORITY LENDING INSTITU- hance the implementation of this title or to investigations of any program established TIONS.—Section 104 of the Community Devel- promote diversity and inclusion within com- under this subtitle or the amendments made opment Banking and Financial Institutions munity development financial institutions.’’. by this subtitle. Act of 1994 (12 U.S.C. 4703) is amended by add- SEC. 4510. CDFI BOND GUARANTEE REFORM. (b) REPORTING.—The Inspector General of ing at the end the following: Effective January 1, 2021, section the Department of the Treasury shall issue a ‘‘(l) OFFICE OF MINORITY LENDING INSTITU- 114A(e)(2)(B) of the Community Development report not less frequently than 2 times per TIONS.— Banking and Financial Institutions Act of year to Congress and the Secretary of the ‘‘(1) ESTABLISHMENT.—There is established 1994 (12 U.S.C. 4713a(e)(2)(B)) is amended by Treasury relating to the oversight provided within the Fund an Office of Minority Lend- striking ‘‘$100,000,000’’ and inserting by the Office of the Inspector General, in- ing Institutions, which shall oversee assist- ‘‘$50,000,000’’. cluding any recommendations for improve- ance provided by the Fund to minority lend- ments to the programs described in sub- ing institutions. SEC. 4511. REPORTS. (a) DEFINITIONS.—In this section: section (a). ‘‘(2) DEPUTY DIRECTOR.—The head of the Of- (1) APPROPRIATE COMMITTEES OF CON- SEC. 4513. STUDY AND REPORT WITH RESPECT fice shall be the Deputy Director of Minority GRESS.—The term ‘‘appropriate committees TO IMPACT OF PROGRAMS ON LOW- Lending Institutions, who shall report di- of Congress’’ means the Committee on Bank- AND MODERATE-INCOME AND MI- rectly to the Administrator.’’. NORITY COMMUNITIES. ing, Housing, and Urban Affairs of the Sen- (c) REPORTING ON MINORITY LENDING INSTI- (a) STUDY.—The Secretary of the Treasury ate and the Committee on Financial Services TUTIONS.—Section 117 of the Community De- shall conduct a study of the impact of the of the House of Representatives. velopment Banking and Financial Institu- programs established under this title or any (2) COMMUNITY DEVELOPMENT FINANCIAL IN- tions Act of 1994 (12 U.S.C. 4716) is amended amendment made by this subtitle on low- STITUTION.—The term ‘‘community develop- by adding at the end the following: and moderate-income and minority commu- ment financial institution’’ has the meaning ‘‘(g) REPORTING ON MINORITY LENDING IN- nities. given the term in section 103 of the Commu- STITUTIONS.—Each report required under sub- (b) REPORT.—Not later than 18 months nity Development Banking and Financial In- section (a) shall include a description of the after the date of enactment of this Act, the stitutions Act of 1994 (12 U.S.C. 4702). extent to which assistance from the Fund is Secretary shall submit to Congress a report (3) CREDIT UNION.—The term ‘‘credit union’’ provided to minority lending institutions.’’. on the results of the study conducted pursu- means a State credit union or a Federal (d) SUBMISSION OF DATA RELATING TO DI- ant to subsection (a), which shall include, to credit union, as those terms are defined in VERSITY BY COMMUNITY DEVELOPMENT FINAN- the extent possible, the results of the study section 101 of the Federal Credit Union Act CIAL INSTITUTIONS.—Section 104 of the Com- disaggregated by ethnic group. munity Development Banking and Financial (12 U.S.C. 1752). (c) INFORMATION PROVIDED TO THE SEC- Institutions Act of 1994 (12 U.S.C. 4703) is (4) DEPOSITORY INSTITUTION.—The term RETARY.—Eligible institutions that partici- ‘‘depository institution’’ has the meaning amended by adding at the end the following: pate in any of the programs described in sub- ‘‘(l) SUBMISSION OF DATA RELATING TO DI- given the term in section 3 of the Federal section (a) shall provide the Secretary of the VERSITY.— Deposit Insurance Act (12 U.S.C. 1813). Treasury with such information as the Sec- ‘‘(1) DEFINITIONS.—In this subsection— (5) MINORITY DEPOSITORY INSTITUTION.—The retary may require to carry out the study re- ‘‘(A) the term ‘executive officer’ has the term ‘‘minority depository institution’’ has quired by this section. meaning given the term in section 230.501(f) the meaning given the term in section 308(b) of title 17, Code of Federal Regulations, as in of the Financial Institutions Reform, Recov- TITLE V—DOWNPAYMENT ON BUILDING effect on the date of enactment of this sub- ery, and Enforcement Act of 1989 (12 U.S.C. 21ST CENTURY INFRASTRUCTURE section; and 1463 note). SEC. 5001. FINDINGS. ‘‘(B) the term ‘veteran’ has the meaning (6) MINORITY LENDING INSTITUTION.—The Congress finds the following: given the term in section 101 of title 38, term ‘‘minority lending institution’’ has the (1) This Act is a major proposal to re-pro- United States Code. meaning given the term in paragraph (22) of gram billions of unspent CARES Act (Public ‘‘(2) SUBMISSION OF DISCLOSURE.—Each section 103 of the Community Development Law 116–136) funding in immediate and long- Fund applicant and recipient shall provide Banking and Financial Institutions Act of term investments in Black communities and the following: 1994 (12 U.S.C. 4702), as added by section other communities of color. ‘‘(A) Data, based on voluntary self-identi- 4506(d) of this Act. (2) The current COVID-19 pandemic has fication, on the racial, ethnic, and gender (b) REPORTS.—The Secretary of the Treas- disproportionally impacted communities of composition of— ury shall provide to the appropriate commit- color and exacerbated the conditions that, ‘‘(i) the board of directors of the institu- tees of Congress— combined with persistently underfunded tion; (1) within 30 days of the end of each month critical priorities like public health, child ‘‘(ii) nominees for the board of directors of commencing with the first month in which care, infrastructure, and job creation, have the institution; and transactions are made under a program es- led to record levels of poverty and sickness. ‘‘(iii) the executive officers of the institu- tablished under this subtitle or the amend- (3) The historical record of Federal under- tion. ments made by this subtitle, a written re- investment in communities of color has cre- ‘‘(B) The status of any member of the port describing all of the transactions made ated systematic disparities that cross nearly board of directors of the institution, any during the reporting period pursuant to the every economic sector and require Congres- nominee for the board of directors of the in- authorities granted under this subtitle or sional and Executive action to undo. stitution, or any executive officer of the in- the amendments made by this subtitle; and (4) This Act makes critical short term in- stitution, based on voluntary self-identifica- (2) after the end of March and the end of vestments to respond to these disparities ex- tion, as a veteran. September, commencing March 31, 2021, a acerbated by the pandemic, in areas like in ‘‘(C) Whether the board of directors of the written report on all projected costs and li- child care, mental health and primary care, institution, or any committee of that board abilities, all operating expenses, including and job creation. of directors, has, as of the date on which the compensation for financial agents, and all (5) This Act has a secondary objective of institution makes a disclosure under this transactions made by the Community Devel- helping to build long lasting wealth, health,

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7758 CONGRESSIONAL RECORD — SENATE December 18, 2020 and economic stability in these communities (A) meets the qualifications in paragraph finds that process to be sufficient to avoid with an initial commitment to be made over (a) or (b) of section 54.409 of title 47, Code of waste, fraud, and abuse while maintaining a the next 5 years through investments in in- Federal Regulations (or any successor regu- goal of digital equity; or frastructure, a homeowner down payment lation); (C) rely upon a school to verify the eligi- tax credit, Medicaid expansion, and more. (B) receives free or reduced price meals bility of the household based on not less (6) This Act is not the conclusion of efforts under— than 1 member of the household receiving in this space, but an initial down payment to (i) the school lunch program established free or reduced price meals under the school communities of color and the first in many under the Richard B. Russell National lunch program established under the Richard focused investments and policy initiatives to School Lunch Act (42 U.S.C. 1751 et seq.); or B. Russell National School Lunch Act (42 begin dismantling systematic racism. (ii) the school breakfast program estab- U.S.C. 1751 et seq.). Subtitle A—High-speed Internet lished under section 4 of the Child Nutrition (3) USE OF NATIONAL LIFELINE ELIGIBILITY SEC. 5101. DEFINITIONS. Act of 1966 (42 U.S.C. 1773); VERIFIER.—The Commission shall— In this subtitle: (C) experienced a substantial loss of in- (A) expedite the ability of all providers to (1) ASSISTANT SECRETARY.—The term ‘‘As- come for not less than 2 consecutive months access the National Lifeline Eligibility sistant Secretary’’ means the Assistant Sec- immediately preceding the month for which Verifier for purposes of determining whether retary of Commerce for Communications and eligibility for the broadband benefit is being a household is an eligible household; and Information. determined, documented by layoff or fur- (B) ensure that the National Lifeline Eligi- (2) BROADBAND; BROADBAND SERVICE.—The lough notice, application for unemployment bility Verifier approves an eligible household term ‘‘broadband’’ or ‘‘broadband service’’ insurance benefits, or similar documenta- to receive the broadband benefit not later has the meaning given the term ‘‘broadband tion; or than 10 days after the date of the submission internet access service’’ in section 8.1 of title (D) received a Federal Pell Grant under of information necessary to determine if the 47, Code of Federal Regulations, or any suc- section 401 of the Higher Education Act of household is an eligible household. cessor regulation. 1965 (20 U.S.C. 1070a) in the most recent aca- (4) REIMBURSEMENT.—Using amounts from (3) COMMISSION.—The term ‘‘Commission’’ demic year. the Broadband Connectivity Fund estab- means the Federal Communications Com- (4) INTERNET SERVICE OFFERING.—The term lished under subsection (h), the Commission mission. ‘‘internet service offering’’— shall reimburse a provider in an amount (4) DIGITAL EQUITY.—The term ‘‘digital eq- (A) with respect to a provider that is pro- equal to the broadband benefit with respect uity’’ means the condition in which individ- viding broadband service before the date of to an eligible household that receives the uals and communities have the information enactment of this Act, means broadband broadband benefit from the provider. technology capacity that is needed for full service provided by the provider to a house- (5) REIMBURSEMENT FOR CONNECTED DE- participation in the society and economy of hold, offered in the same manner, and on the VICE.—A provider that, in addition to pro- the United States. same or better terms, as described in any of viding the broadband benefit to an eligible (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ the provider’s advertisements for broadband household, supplies the household with a has the meaning given the term in section 3 service to the household, as of May 1, 2020 (or connected device may be reimbursed not of the Communications Act of 1934 (47 U.S.C. such later date as the Commission may by more than $100 from the Broadband 153), as amended by section 5126 of this Act. rule determine, if the Commission considers Connectivity Fund established under sub- (6) NATIVE HAWAIIAN.—The term ‘‘Native it necessary); and section (h) for the connected device, if the Hawaiian’’ has the meaning given the term (B) with respect to a provider that begins charge to the eligible household is more than in section 3 of the Communications Act of providing broadband service after the date of $10 and less than $50 for the connected de- 1934 (47 U.S.C. 153), as amended by section enactment of this Act, means broadband vice, except that a provider may receive re- 5126 of this Act. service provided by the provider to a house- imbursement for not more than 1 connected device per eligible household. (7) TRIBAL LAND.—The term ‘‘Tribal land’’ hold, offered in the same manner, and on the has the meaning given the term in section 3 same or better terms, as the manner and (6) CERTIFICATION REQUIRED.—To receive a of the Communications Act of 1934 (47 U.S.C. terms described in advertisements to the reimbursement under paragraph (4) or (5), a 153), as amended by section 5126 of this Act. household from another provider for similar provider shall provide to the Commission— service as of May 1, 2020 (or such later date (A) a certification that the amount for CHAPTER 1—BROADBAND CONNECTIVITY as the Commission may by rule determine, if which the provider is seeking reimbursement FUND the Commission considers it necessary); and from the Broadband Connectivity Fund for SEC. 5111. DEFINITIONS. (5) NORMAL RATE.—The term ‘‘normal an internet service offering to an eligible In this chapter: rate’’, with respect to an internet service of- household is not more than the normal rate; (1) LIFELINE PROGRAM.—The term ‘‘Lifeline fering by a provider, means the monthly re- (B) a certification that each eligible house- program’’ means the program set forth under tail rate, including any applicable pro- hold for which the provider is seeking reim- subpart E of part 54 of title 47, Code of Fed- motions and excluding any taxes or other bursement for providing an internet service eral Regulations (or any successor regula- governmental fees, that was advertised on offering discounted by the broadband ben- tion). May 1, 2020 (or such later date as the Com- efit— (2) NATIONAL LIFELINE ELIGIBILITY mission may by rule determine, if the Com- (i) has not been and will not be charged— VERIFIER.—The term ‘‘National Lifeline Eli- mission considers it necessary)— (I) for the offering, if the normal rate for gibility Verifier’’ has the meaning given the (A) by the provider for that level of serv- the offering is not more than the amount of term in section 54.400 of title 47, Code of Fed- ice, in the case of an internet service offer- the broadband benefit for the household; or eral Regulations (or any successor regula- ing described in paragraph (4)(A); or (II) more for the offering than the dif- tion). (B) by another provider for similar service, ference between— (3) STATE.—The term ‘‘State’’ has the in the case of an internet service offering de- (aa) the normal rate for the offering; and meaning given the term in section 3 of the scribed in paragraph (4)(B). (bb) the amount of the broadband benefit Communications Act of 1934 (47 U.S.C. 153). (6) PROVIDER.—The term ‘‘provider’’ means for the household; SEC. 5112. ADDITIONAL BROADBAND BENEFIT. a provider of broadband service. (ii) will not be required to pay an early ter- (a) DEFINITIONS.—In this section: (b) PROMULGATION OF REGULATIONS RE- mination fee if the eligible household— (1) BROADBAND BENEFIT.—The term QUIRED.—Not later than 180 days after the (I) elects to enter into a contract to re- ‘‘broadband benefit’’ means a monthly dis- date of enactment of this Act, the Commis- ceive the internet service offering; and count for an eligible household applied to the sion shall promulgate regulations imple- (II) later terminates the contract; normal rate for an internet service offering, menting this section. (iii) was not subject to a mandatory wait- in an amount equal to the lesser of— (c) REQUIREMENTS.—The regulations pro- ing period for the internet service offering (A) the normal rate; or mulgated under subsection (b) shall establish based on having previously received (B)(i) $50; or the following: broadband service from the provider; and (ii) if an internet service offering is pro- (1) BROADBAND BENEFIT.—A provider shall— (iv)(I) will not be denied the internet serv- vided to an eligible household on Tribal land, (A) provide an eligible household with an ice offering or connected device based on $75. internet service offering, upon request by a consideration of a credit report or credit (2) CONNECTED DEVICE.—The term ‘‘con- member of the household; and score; and nected device’’ means a laptop or desktop (B) discount the price charged to the (II) in the case of an eligible household computer or a tablet. household for the internet service offering in that would traditionally be determined ineli- (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligi- an amount equal to the broadband benefit gible based on consideration of a credit re- ble household’’ means, regardless of whether for the household. port or credit score, is provided access to— the household or any member of the house- (2) VERIFICATION OF ELIGIBILITY.—To verify (aa) the best plan for internet service of- hold receives support under the Lifeline pro- whether a household is an eligible household, fered by the provider with speeds of not less gram, and regardless of whether any member a provider shall— than 25 megabits per second downstream and of the household has any past or present ar- (A) use the National Lifeline Eligibility 3 megabits per second upstream, if the rate rearages with a provider, a household in Verifier; for that offering is less than $50; or which not less than 1 member of the house- (B) rely upon an alternative verification (bb) if a plan described in item (aa) is not hold— process of the provider, if the Commission available for less than $50, the lowest-priced

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7759

internet service offering of the provider with to providers under the regulations required (c) ANNUAL REPORT.—Not later than 1 year speeds of not less than 25 megabits per sec- under subsection (b). after the date of enactment of this Act, and ond downstream and 3 megabits per second (4) RELATIONSHIP TO UNIVERSAL SERVICE each year thereafter, the Secretary of Agri- upstream; CONTRIBUTIONS.—Reimbursements provided culture, in consultation with the Commis- (C) a certification that each eligible house- under the regulations required under sub- sion, shall produce a report on enrollment in hold for which the provider is seeking reim- section (b) shall be provided from amounts the Lifeline program by individuals partici- bursement for supplying the household with made available under this subsection and not pating in the supplemental nutrition assist- a connected device has not been and will not from contributions under section 254(d) of ance program established under the Food be charged $10 or less or $50 or more for the the Communications Act of 1934 (47 U.S.C. and Nutrition Act of 2008 (7 U.S.C. 2011 et device; and 254(d)), except the Commission may use seq.). (D) if the provider elects an alternative those contributions if needed to offset ex- (d) STUDY.—Not later than 1 year after the verification process under paragraph (2)(B)— penses associated with the reliance on the date of enactment of this Act, the Commis- (i) a description of the process used by the National Lifeline Eligibility Verifier to de- sion shall conduct a study and submit a re- provider to verify that a household is an eli- termine eligibility of households to receive port to Congress on— gible household; and the broadband benefit. (1) the projected number of new broadband service consumers who adopted broadband (ii) a certification that the verification (5) LACK OF AVAILABILITY OF FUNDS.—The service through a Federal assistance pro- process was designed to avoid waste, fraud, regulations required under subsection (b) gram; and and abuse while maintaining a goal of digital shall provide that a provider is not required (2) data that illustrates the efficacy of var- equity. to provide an eligible household with an ious advertising efforts on eligibility for the (7) AUDIT REQUIREMENTS.—The Commission internet service offering under subsection Lifeline program. shall adopt audit requirements to— (c)(1) for any month for which there are in- (A) ensure that providers are in compliance sufficient amounts in the Broadband CHAPTER 2—TRIBAL BROADBAND with the requirements under this section; Connectivity Fund to reimburse the provider SEC. 5121. DEFINITIONS. (B) prevent waste, fraud, and abuse in the under subsection (c)(4) for providing the In this chapter: broadband benefit program established under broadband benefit to the eligible household. (1) TRIBAL BROADBAND BENCHMARK.—The this section; and SEC. 5113. GRANTS TO STATES TO STRENGTHEN term ‘‘Tribal broadband benchmark’’ means (C) ensure that providers maintain a goal NATIONAL LIFELINE ELIGIBILITY the minimum acceptable level of broadband of digital equity in carrying out the VERIFIER. service on Tribal land, which shall consist broadband benefit program established under (a) IN GENERAL.—Not later than 30 days of— this section. after the date of enactment of this Act, (A) speed that is not slower than the speed (d) ELIGIBLE PROVIDERS.—Notwithstanding using amounts appropriated under sub- required for the service to qualify as an ad- subsection (f), the Commission shall provide section (d), the Commission shall make a vanced telecommunications capability, as a reimbursement to a provider under this grant to each State, in an amount in propor- that term is defined in section 706(d) of the section without requiring the provider to be tion to the population of the State, for the Telecommunications Act of 1996 (47 U.S.C. designated as an eligible telecommuni- purpose of connecting the database used by 1302(d)), as of the date on which that speed is cations carrier under section 214(e) of the the State for purposes of the supplemental measured; and Communications Act of 1934 (47 U.S.C. nutrition assistance program established (B) network round trip latency that is at 214(e)). under the Food and Nutrition Act of 2008 (7 or below 100 milliseconds for not less than 95 (e) RULE OF CONSTRUCTION.—Nothing in U.S.C. 2011 et seq.) to the National Lifeline percent of all peak period measurements of this section shall affect the collection, dis- Eligibility Verifier, so that the receipt by a network round trip latency. tribution, or administration of the Lifeline household of benefits under that program is (2) TRIBAL ENTITY.—The term ‘‘Tribal enti- program. reflected in the National Lifeline Eligibility ty’’ has the meaning given the term in sec- (f) PART 54 REGULATIONS.—Nothing in this Verifier. tion 3 of the Communications Act of 1934 (47 section shall be construed to prevent the (b) DISBURSEMENT OF GRANT FUNDS.—Not U.S.C. 153), as amended by section 5126 of Commission from providing that the regula- later than 60 days after the date of enact- this Act. tions in part 54 of title 47, Code of Federal ment of this Act, the Commission shall dis- (3) TRIBAL GOVERNMENT.—The term ‘‘Tribal Regulations (or any successor regulation), burse funds under a grant made under sub- government’’ means the governing body of a with respect to support provided under the section (a) to the State receiving the grant. Tribal entity. regulations required under subsection (b)— (c) CERTIFICATION TO CONGRESS.—Not later (4) UNDERSERVED TRIBAL ENTITY.— (1) shall apply in whole or in part to that than 90 days after the date of enactment of (A) IN GENERAL.—The term ‘‘underserved support; this Act, the Commission shall certify to the Tribal entity’’ means a Tribal entity, the (2) shall not apply in whole or in part to Committee on Commerce, Science, and Tribal land of which— that support; or Transportation of the Senate and the Com- (i) lacks affordable broadband service; or (3) shall be modified in whole or in part for mittee on Energy and Commerce of the (ii) has subscription rates for broadband purposes of application to that support. House of Representatives that the Commis- service that are below 80 percent, as deter- (g) ENFORCEMENT.— sion has— mined by the Commission. (1) TREATMENT AS VIOLATION OF COMMUNICA- (1) made the grants required under sub- (B) ASSOCIATED DEFINITION.—In this para- TIONS ACT OF 1934.—A violation of this section section (a); and graph, the term ‘‘affordable broadband serv- or a regulation promulgated under this sec- (2) disbursed funds as required under sub- ice’’ means broadband service on Tribal land, tion, including the knowing or reckless de- section (b). the rates for which are not more than the av- nial of an internet service offering dis- (d) APPROPRIATION.—There is appropriated erage rates charged for broadband service in counted by the broadband benefit to an eligi- to the Commission, out of any money in the the 5 nearest municipalities to that Tribal ble household that requests such an offering, Treasury not otherwise appropriated, land that have a population of more than shall be treated as a violation of the Commu- $400,000,000 to carry out this section for fiscal 10,000 individuals, as determined by the Com- nications Act of 1934 (47 U.S.C. 151 et seq.) or year 2021, to remain available until ex- mission. a regulation promulgated under that Act. pended. SEC. 5122. TRIBAL BROADBAND FUND. (2) INCORPORATION OF TERMS AND PROVI- SEC. 5114. FEDERAL COORDINATION BETWEEN (a) ESTABLISHMENT.—There is established SIONS.—The Commission shall enforce this LIFELINE AND SNAP VERIFICATION. in the Treasury of the United States a fund section and the regulations promulgated (a) DEFINITION.—In this section, the term to be known as the ‘‘Tribal Broadband under this section in the same manner, by ‘‘automated connection’’ means a connec- Fund’’. the same means, and with the same jurisdic- tion, to the maximum extent practicable, be- (b) APPROPRIATION.—There is appropriated tion, powers, and duties as though all appli- tween 2 or more information systems where to the Tribal Broadband Fund, out of any cable terms and provisions of the Commu- the manual input of information in 1 system money in the Treasury not otherwise appro- nications Act of 1934 were incorporated into leads to the automatic input of the same in- priated, $14,300,000,000 for fiscal year 2021, to and made a part of this section. formation any other connected system. remain available until expended. (h) BROADBAND CONNECTIVITY FUND.— (b) ESTABLISHMENT OF AUTOMATED CONNEC- (c) USE OF FUNDS.—Amounts in the Tribal (1) ESTABLISHMENT.—There is established TION.—Notwithstanding section 11(x)(2)(c)(i) Broadband Fund shall be available to the in the Treasury of the United States a fund of the Food and Nutrition Act of 2008 (7 Commission to— to be known as the ‘‘Broadband Connectivity U.S.C. 2020(x)(2)(C)(i)), not later than 180 (1) support the rapid development and de- Fund’’. days after the date of enactment of this Act, ployment of broadband service on Tribal (2) APPROPRIATION.—There is appropriated the Commission shall, in coordination with land; to the Broadband Connectivity Fund, out of the Secretary of Agriculture, establish an (2) provide broadband service to qualifying any money in the Treasury not otherwise ap- automated connection, to the maximum ex- anchor institutions (as defined in section propriated, $20,975,000,000 for fiscal year 2021, tent practicable, between the National Life- 5124); to remain available until expended. line Eligibility Verifier and the National Ac- (3) provide broadband education, aware- (3) USE OF FUNDS.—Amounts in the curacy Clearinghouse established under sec- ness, training, access, and equipment to Broadband Connectivity Fund shall be avail- tion 11(x) of the Food and Nutrition Act of broadband providers that serve Tribal land; able to the Commission for reimbursements 2008 (7 U.S.C. 2020(x)). and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7760 CONGRESSIONAL RECORD — SENATE December 18, 2020 (4) support the activities of the Tribal (i) to identify and document Federal and in rural and high-cost areas that are adja- Broadband Interagency Working Group es- non-Federal programs and funding opportu- cent to Tribal land. tablished under section 5123(b), in accord- nities that support Tribal broadband deploy- (6) AUTHORIZATION OF APPROPRIATIONS.— ance with section 5123(c)(6). ment; and For each of fiscal years 2021 through 2025, the SEC. 5123. INTERAGENCY COORDINATION PRO- (ii) if practicable, to leverage existing pro- Commission may transfer not more than GRAM. grams by encouraging joint solicitations, $5,000,000 of the amounts made available (a) PURPOSE.—The purpose of this section block grants, and matching programs with from the Tribal Broadband Fund established is to— non-Federal entities; and under section 5122 to the Working Group to (1) expedite and streamline the deployment (G) develop a standardized form that iden- carry out subsection (b) and this subsection. of affordable broadband service on Tribal tifies all applicable Federal statutory provi- (d) STREAMLINED APPLICATIONS FOR SUP- land through the coordination of grants or sions, regulations, policies, or procedures PORT.— other financial assistance; that the Working Group determines are nec- (1) AGENCY CONSULTATION.—The Assistant (2) improve the effectiveness of Federal as- essary to adhere to in order to implement a Secretary shall consult with each Federal sistance in meeting the obligation of the Tribal broadband deployment plan. agency that offers a Federal broadband sup- Commission to ensure universal availability port program to Tribal entities to streamline (c) TRIBAL BROADBAND DEPLOYMENT of broadband networks to all people of the and standardize the application process for PLAN.— United States, including individuals living grants or other financial assistance under (1) IDENTIFICATION OF UNDERSERVED TRIBAL on Tribal land; and the program. ENTITIES.—Not later than 180 days after the (3) ensure the preservation and protection (2) AGENCY STREAMLINING.—A Federal date of enactment of this Act, the Chairman of self-governance, economic opportunity, agency that offers a Federal broadband sup- of the Commission, in coordination with the health, education, public safety, and welfare port program to Tribal entities shall amend of Tribal entities. Secretary of the Interior, shall identify each the application for broadband support from (b) INTERAGENCY WORKING GROUP.— underserved Tribal entity and publish a list the program, to the extent practicable and (1) ESTABLISHMENT.—The Assistant Sec- of such entities in the Federal Register. as necessary, in order to streamline and retary and the Administrator of the Rural (2) NOTICE TO UNDERSERVED TRIBAL ENTI- standardize applications for Federal Utilities Service (referred to in this section TIES.—Not later than 30 days after the date broadband support programs across the Fed- as the ‘‘Administrator’’) shall establish a on which the list is published in the Federal eral Government. working group to be known as the ‘‘Tribal Register under paragraph (1), the Working (3) SINGLE APPLICATION.—To the greatest Broadband Interagency Working Group’’ (re- Group shall send notice to each underserved extent practicable, the Assistant Secretary ferred to in this section as the ‘‘Working Tribal entity on the list inviting the entity shall seek to create 1 application that may Group’’) to carry out the duties described in to request technical assistance for the devel- be submitted to apply for support from all paragraph (3). opment of a Tribal broadband deployment Federal broadband support programs. (2) ADMINISTRATION.— plan under this subsection. (4) CENTRAL WEBSITE.—Not later than 180 (A) CHAIRS.—The Assistant Secretary and (3) TECHNICAL ASSISTANCE.—At the request days after the date of enactment of this Act, the Administrator shall serve as co-chairs of of an underserved Tribal entity, the Working the Assistant Secretary shall create a cen- the Working Group. Group shall provide the entity with tech- tral website through which a potential appli- (B) MEMBERSHIP; STAFFING.—The Assistant nical assistance to facilitate the develop- cant can learn about and apply for support Secretary and the Administrator, in con- ment, adoption, and deployment of a Tribal from any Federal broadband support pro- sultation with the Tribal Broadband Deploy- broadband development plan detailing the gram. ment Advisory Committee established under current and projected efforts of the entity to (e) TRIBAL BROADBAND DEPLOYMENT ADVI- subsection (e), shall determine the member- meet the Tribal broadband benchmark. SORY COMMITTEE.— ship and staffing of the Working Group. (4) PLAN ELEMENTS.—Each Tribal (1) ESTABLISHMENT.—There is established (3) DUTIES.—The Working Group shall— broadband deployment plan developed under the Tribal Broadband Deployment Advisory (A)(i) serve as a forum for improving co- this subsection shall— Committee (referred to in this subsection as ordination across Federal broadband pro- (A) describe a comprehensive strategy the ‘‘Committee’’). grams that are available to Tribal entities; identifying the full range of options to meet (2) PURPOSES; SCOPE OF ACTIVITIES.— (ii) reduce regulatory barriers to the Tribal broadband benchmark; (A) PURPOSES.—The purposes of the Com- broadband deployment on Tribal land; (B) describe all available Federal programs mittee are— (iii) promote awareness of the value and that are available to assist the applicable (i) to make recommendations to Congress availability of Federal support for broadband underserved Tribal entity in meeting the regarding how to accelerate the deployment deployment on Tribal land; and Tribal broadband benchmark; of broadband service on Tribal land by— (iv) develop common Federal goals, per- (C) describe the way in which Federal pro- (I) reducing or removing statutory and reg- formance measures, and plans to deploy af- gram activities and funds shall be inte- ulatory barriers to investment in broadband fordable broadband to Tribal land; grated, consolidated, and delivered to the ap- infrastructure; and (B) not later than 1 year after the date of plicable underserved Tribal entity to meet (II) strengthening existing broadband net- enactment of this Act, and biennially there- the Tribal broadband benchmark; works on Tribal land; and after, issue a strategic plan regarding Tribal (D) describe the results expected from im- (ii) to provide an effective means for Tribal broadband deployment activities, priorities, plementing the plan, including the expected entities to engage with governmental enti- and objectives; number of additional households or partici- ties and professionals with expertise and (C) promote coordination of the activities pants that would be served due to the imple- backgrounds in broadband, telecommuni- of Federal agencies on Tribal broadband de- mentation of the plan; cations, information technology, and infra- ployment activities, including the activities (E) identify the projected non-Federal ex- structure deployment and adoption in the of— penditures under the plan; areas covered by the Committee to exchange (i) the Department of Agriculture; (F) identify any agency of the applicable ideas and develop recommendations to Con- (ii) the Department of Commerce; underserved Tribal entity that will be in- gress regarding the deployment of broadband (iii) the Department of Education; volved in the delivery of the services inte- on Tribal land. (iv) the Department of Health and Human grated under the plan; (B) CONSIDERATION OF ISSUES.—The Com- Services; (G) identify all applicable Federal, State, mittee may consider issues that include— (v) the Department of Housing and Urban and Tribal statutory provisions, regulations, (i) measures to prepare for, respond to, and Development; policies, or procedures that the Working recover from disasters that impact (vi) the Department of the Interior; Group determines are necessary to adhere to broadband networks; (vii) the Department of Labor; in order to implement the plan; (ii) new ways of encouraging deployment of (viii) the Commission; (H) identify opportunities for the applica- broadband infrastructure and services on (ix) the Institute of Museum and Library ble underserved Tribal entity to purchase Tribal land; and Services; and spectrum; and (iii) other ways to accelerate the deploy- (x) any other Federal agency that the (I) identify— ment of broadband infrastructure to Tribal Working Group considers appropriate; (i) deployment obstacles; and land. (D) provide technical assistance for the de- (ii) activities that are necessary to ensure (3) DUTIES.—The Committee shall provide velopment of Tribal broadband deployment access to affordable broadband, including recommendations to Congress on issues re- plans to meet the Tribal broadband bench- digital literacy training, technical support, lating to the deployment of broadband on mark; privacy and cybersecurity expertise, or other Tribal land. (E) under subsection (d), develop a stream- end-user technology needs. (4) MEMBERSHIP.— lined and standardized application process (5) PROMOTING BROADBAND AVAILABILITY.— (A) IN GENERAL.—The Committee shall con- for grants and other financial assistance to The Working Group shall work in partner- sist of 16 voluntary representatives as fol- advance the deployment of broadband on ship with State, local, and Tribal govern- lows: Tribal land; ments, and consumer and industry groups, to (i) 12 authorized representatives of Tribal (F) promote information exchange between promote broadband availability to each un- governments, each of whom shall represent a Federal agencies— derserved Tribal entity, including consumers different Bureau of Indian Affairs region.

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(ii) 4 authorized representatives of Tribal (1) TRIBAL SET-ASIDE.—Notwithstanding ment of this Act, the Commission shall pro- governments, each of whom shall serve as an any other provision of law, effective begin- mulgate regulations under which the Com- at-large representative. ning in fiscal year 2021 and for each fiscal mission, on and after the effective date of (B) QUALIFICATIONS.—Each member of the year thereafter, the Secretary of Agriculture the regulations, shall— Committee described in subparagraph (A) (referred to in this subsection as the ‘‘Sec- (A) set aside 5 percent of the amounts allo- shall— retary’’) shall set aside for broadband adop- cated for each Federal universal service sup- (i) be an elected Tribal official or author- tion and deployment on Tribal land not less port program established under section 254 of ized representative of an elected Tribal offi- than 20 percent of the amounts made avail- the Communications Act of 1934 (47 U.S.C. cial; able for that fiscal year for each of the fol- 254), including each program carried out (ii) act in the official capacity of the mem- lowing: under subparts D through G and J through M ber as an elected official of the entity; (A) The Telecommunications Infrastruc- of part 54 of title 47, Code of Federal Regula- (iii) have the authority to participate on ture Loan and Loan Guarantee Program es- tions, or any successor regulations; and behalf of the Tribe; and tablished under the Rural Electrification Act (B) with respect to the amount set aside (iv) be qualified to represent the views of of 1936 (7 U.S.C. 901 et seq.). from each program under subparagraph (A), all Tribal entities located in the region of (B) The initiative under section 306F of distribute that amount for the purpose of ex- the Bureau of Indian Affairs represented by that Act (7 U.S.C. 936f). panding access to broadband service on Trib- the member. (C) The Community Connect Grant Pro- al land, in accordance with the otherwise ap- (C) CHAIR.—The Assistant Secretary shall gram established under section 604 of that plicable requirements of the program. appoint a Chair of the Committee, who Act (7 U.S.C. 950bb–3). (2) LIFELINE PROGRAM.— shall— (D) Financial assistance under chapter 1 of (A) INITIAL INCREASE IN TRIBAL LAND SUP- (i) approve or call all of the meetings of subtitle D of title XXIII of the Food, Agri- PORT AMOUNT.—For the first 12-month period the Committee and subcommittees of the culture, Conservation, and Trade Act of 1990 beginning 2 years after the date of enact- Committee; (7 U.S.C. 950aaa et seq.), under section 2335A ment of this Act, in the case of Tribal land (ii) prepare and approve all meeting agen- of that Act (7 U.S.C. 950aaa–5). pertaining to a Tribal entity that has not das; (E) The broadband loan and grant pilot met the Tribal broadband benchmark, the (iii) attend all Committee and sub- program described in section 779 of division Commission shall increase the monthly cap committee meetings; A of the Consolidated Appropriations Act, on additional Federal lifeline support made (iv) adjourn any meeting when the Chair 2018 (Public Law 115–141). available to an eligible telecommunications determines that adjournment to be in the (2) COMMUNITY CONNECT GRANT PROGRAM.— carrier providing Lifeline service to an eligi- public interest; and (A) DEFINITION OF ELIGIBLE ENTITY.—Sec- ble resident of that Tribal land under section (v) chair meetings when directed to do so tion 604(a)(3) of the Rural Electrification Act 54.403(a)(3) of title 47, Code of Federal Regu- by the Assistant Secretary. of 1936 (7 U.S.C. 950bb–3(a)(3)) is amended— lations, or any successor regulation, by $10. (i) in subparagraph (A)(i)(II), by striking (5) MEETINGS.— (B) ANNUAL INCREASE.—For each subse- ‘‘or Tribal organization’’ and inserting ‘‘, (A) FREQUENCY.—The Committee shall quent 12-month period after the 12-month pe- meet not less frequently than 3 times per Tribal organization, or Indian-owned busi- riod described in subparagraph (A), in the year. ness (as defined in section 3 of the Native case of Tribal land pertaining to a Tribal en- American Business Development, Trade Pro- (B) TRANSPARENCY.—The meetings of the tity that has not met the Tribal broadband motion, and Tourism Act of 2000 (25 U.S.C. Committee shall be open to the public and benchmark, the Commission shall increase 4302))’’; and timely notice of each such meeting shall be the monthly cap described in that paragraph (ii) in subparagraph (B)(ii), by inserting ‘‘, published— by an additional $10. unless the partnership is an Indian-owned (i) in the Federal Register; and business (as defined in section 3 of the Native SEC. 5126. UNIVERSAL SERVICE ON TRIBAL LAND. (ii) through other appropriate methods. American Business Development, Trade Pro- (a) DEFINITIONS.—Section 3 of the Commu- (6) SUPPORT.— motion, and Tourism Act of 2000 (25 U.S.C. nications Act of 1934 (47 U.S.C. 153) is amend- (A) FACILITIES AND STAFF.—The Assistant 4302))’’ before the period at the end. ed— Secretary shall provide the facilities and (B) EXEMPTION FROM MATCHING FUNDS RE- (1) by redesignating paragraphs (58) and support staff necessary to conduct meetings QUIREMENT.—Section 604(e)(1) of the Rural (59) as paragraphs (62) and (63), respectively; of the Committee. Electrification Act of 1936 (7 U.S.C. 950bb– (2) by redesignating paragraphs (35) (B) COMPENSATION.—A member of the Com- 3(e)(1)) is amended by inserting ‘‘(other than through (57) as paragraphs (37) through (59), mittee shall serve without any compensation an underserved Tribal entity (as defined in respectively; from the Federal Government. section 5121 of the Economic Justice Act))’’ (3) by redesignating paragraphs (24) (C) TRAVEL EXPENSES.—A member of the after ‘‘eligible entity’’. through (34) as paragraphs (25) through (35), Committee shall be allowed travel expenses, (C) EXEMPTION FROM APPLICATION REQUIRE- respectively; including per diem in lieu of subsistence, at MENTS.—Section 604(f) of the Rural Elec- (4) by inserting after paragraph (23) the fol- rates authorized for an employee of an agen- trification Act of 1936 (7 U.S.C. 950bb–3(f)) is lowing: cy under subchapter I of chapter 57 of title 5, amended by adding at the end the following: ‘‘(24) INDIAN TRIBE.—The term ‘Indian United States Code, while away from the ‘‘(3) EXEMPTIONS FOR TRIBAL ENTITIES.— Tribe’ has the meaning given the term ‘In- home or regular place of business of the Notwithstanding paragraphs (1) and (2), the dian tribe’ in section 4 of the Indian Self-De- member in the performance of the duties of Secretary shall not require a Tribal entity termination and Education Assistance Act the Committee. (as defined in section 5121 of the Economic (25 U.S.C. 5304).’’; SEC. 5124. BROADBAND FOR TRIBAL LIBRARIES Justice Act) to submit a system design de- (5) by inserting after paragraph (35), as so AND CONSORTIUMS. scribed in subsection (d) of section 1739.15 of redesignated, the following: (a) DEFINITION.—In this section, the term title 7, Code of Federal Regulations (or suc- ‘‘(36) NATIVE HAWAIIAN.—The term ‘Native ‘‘qualifying anchor institution’’ means a fa- cessor regulations), or financial information Hawaiian’ has the meaning given the term in cility owned by an Indian Tribe, serving In- described in subsection (h)(2) of that section, section 801 of the Native American Housing dian Tribes, or serving American Indians, to be eligible to receive a grant under the Assistance and Self-Determination Act of Alaskan Natives, or Native Hawaiian com- Program.’’. 1996 (25 U.S.C. 4221).’’; and munities, including— (3) BROADBAND LOAN AND GRANT PILOT PRO- (6) by inserting after paragraph (59), as so (1) a Tribal library or Tribal library con- GRAM.— redesignated, the following: sortium; or (A) IN GENERAL.—Notwithstanding any ‘‘(60) TRIBAL ENTITY.—The term ‘Tribal en- (2) a Tribal government building, chapter other provision of law, a Tribal entity shall tity’— house, longhouse, community center, senior be considered to be eligible for funding under ‘‘(A) means an Indian Tribe; and center, or other similar public building. the broadband loan and grant pilot program ‘‘(B) includes a Native Hawaiian commu- (b) ELIGIBILITY OF LIBRARIES AND OTHER described in section 779 of division A of the nity. ANCHOR INSTITUTIONS FOR E-RATE SUPPORT.— Consolidated Appropriations Act, 2018 (Pub- ‘‘(61) TRIBAL LAND.—The term ‘Tribal land’ The Commission shall amend section lic Law 115–141; 132 Stat. 399). means— 54.501(b) of title 47, Code of Federal Regula- (B) EXEMPTIONS.—The Secretary of Agri- ‘‘(A) any land located within the bound- tions, to provide that a qualifying anchor in- culture shall exempt underserved Tribal en- aries of— stitution shall be eligible for a discount on tities from the application requirements ‘‘(i) an Indian reservation, pueblo, or telecommunications and other supported under the pilot program described in sub- rancheria; or services under subpart F of part 54 of that paragraph (A)— ‘‘(ii) a former reservation within Okla- title, without regard to whether the quali- (i) to submit a network design; and homa; fying anchor institution is eligible for assist- (ii) to provide a matching contribution ‘‘(B) any land not located within the ance from a State library administrative equal to 25 percent of the overall cost of the boundaries of an Indian reservation, pueblo, agency under the Library Services and Tech- project. or rancheria, the title to which is held— nology Act (20 U.S.C. 9121 et seq.). (b) UNIVERSAL SERVICE FUND.— ‘‘(i) in trust by the United States for the SEC. 5125. TRIBAL SET-ASIDE. (1) UNIVERSAL SERVICE GENERALLY.—Not benefit of an Indian Tribe or an individual (a) RURAL UTILITIES SERVICE.— later than 180 days after the date of enact- Indian;

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(ii) INDIAN TRIBE DESCRIBED.—An Indian ‘‘(iii) by a dependent Indian community; (3) PARTICIPATING INDIAN TRIBES.— Tribe referred to in clause (i) is an Indian ‘‘(C) any land located within a region es- (A) IN GENERAL.—Subject to subparagraph Tribe eligible for contracts, grants, or agree- tablished pursuant to section 7(a) of the (B) and in accordance with subsection (c), ments under the Indian Self-Determination Alaska Native Claims Settlement Act (43 the Secretary shall select not fewer than 10 and Education Assistance Act (25 U.S.C. 5304 U.S.C. 1606(a)); Indian Tribes to participate in the program. et seq.). ‘‘(D) Hawaiian Home Lands, as defined in (B) LOCATION OF INDIAN TRIBES.—Of the In- (5) REVIEW PROCESS.— section 801 of the Native American Housing dian Tribes selected under subparagraph (A), (A) IN GENERAL.—Not later than 120 days Assistance and Self-Determination Act of not fewer than 5 shall be Indian Tribes the after the date on which an application is sub- 1996 (25 U.S.C. 4221); or land of which is located within the State of mitted to the Secretary under paragraph (1), ‘‘(E) those areas or communities des- Arizona or the State of New Mexico. the Secretary shall review and approve or ignated by the Assistant Secretary of Indian (4) BROADBAND RIGHT-OF-WAY.— disapprove the proposed regulations con- Affairs of the Department of the Interior (A) IN GENERAL.—Except as provided in tained in the application. that are near, adjacent, or contiguous to res- subparagraph (B), an Indian Tribe partici- (B) WRITTEN DOCUMENTATION.—If the Sec- ervations where financial assistance and so- pating in the program may grant a right-of- retary disapproves the regulations under cial service programs are provided to Indians way described in paragraph (2) over and subparagraph (A), the Secretary shall— because of their status as Indians.’’. across the land of the Indian Tribe without (i) notify the Indian Tribe that the regula- the approval of, or a grant by, the Secretary, (b) UNIVERSAL SERVICE.—Section 254(b)(3) tions have been disapproved; and of the Communications Act of 1934 (47 U.S.C. if— (ii) include with the notification written 254(b)(3)) is amended— (i) the right-of-way is granted in accord- documentation that describes the basis for (1) by striking ‘‘and those’’ and inserting ‘‘, ance with the regulations of the Indian Tribe the disapproval. consumers’’; and approved by the Secretary under subsection (C) EXTENSION.—After consultation with (c); and (2) inserting after ‘‘high cost areas,’’ the the Indian Tribe, the Secretary may extend (ii) the term of the right-of-way does not following: ‘‘and consumers on Tribal land the deadline described in subparagraph (A) exceed 25 years, except that a right-of-way and in areas with high populations of Indians for an additional 120-day period. may include an option to renew the right-of- (as defined in section 19 of the Act of June way for not more than 2 additional terms, (d) FEDERAL ENVIRONMENTAL REVIEW.—If 18, 1934 (commonly known as the ‘Indian Re- each of which may not exceed 25 years. an Indian Tribe participating in the program organization Act’) (25 U.S.C. 5129)) or Native (B) ALLOTTED LAND.—An Indian Tribe may proposes to grant a right-of-way for a Hawaiians,’’. not grant a right-of-way under subparagraph broadband service project or activity funded (c) TECHNICAL AND CONFORMING AMEND- (A) over and across an individual Indian al- by a Federal agency, the Indian Tribe may MENT.—Section 271(c)(1)(A) of the Commu- lotment under section 4 of the Act of Feb- rely on the environmental review process of nications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is ruary 8, 1887 (commonly known as the ‘‘In- the applicable Federal agency rather than amended, in the first sentence, by striking dian General Allotment Act’’) (24 Stat. 389, the environmental review process approved ‘‘section 3(47)(A)’’ and inserting ‘‘section chapter 119; 25 U.S.C. 334). as part of the regulations of the Indian Tribe 3(56)(A)’’. (c) PROPOSED REGULATIONS.— under subsection (c)(3)(B). SEC. 5127. TRIBAL BROADBAND FACTOR. (1) IN GENERAL.—An Indian Tribe desiring (e) DOCUMENTATION.—If an Indian Tribe The Commission shall conduct a rule- to participate in the program shall submit to participating in the program grants a right- making to— the Secretary an application containing the of-way under the program, the Indian Tribe (1) increase Connect America Fund proposed regulations of the Indian Tribe for shall submit to the Secretary— the granting of rights-of-way described in Broadband Loop Support under subpart K of (1) a copy of the right-of-way, including subsection (b)(2). part 54 of title 47, Code of Federal Regula- any amendments or renewals to the right-of- (2) SELECTION.—The Secretary may only tions (or any successor regulation), available way; and select for participation in the program In- to rate-of-return carriers serving Tribal land (2) if the regulations of the Indian Tribe or dian Tribes the proposed regulations of by reducing the funding threshold of $42 per the right-of-way allows for right-of-way pay- which are approved by the Secretary under month per line by 25 percent; and ments to be made directly to the Indian this subsection. (2) increase High Cost Loop Support under Tribe, documentation of the right-of-way (3) CONSIDERATIONS FOR APPROVAL.—The subpart M of part 54 of title 47, Code of Fed- payments that are sufficient to enable the Secretary may approve the proposed regula- Secretary to discharge the trust responsi- eral Regulations (or any successor regula- tions of an Indian Tribe if the regulations— tion), available to rate-of-return carriers bility of the United States under subsection (A) are consistent with any regulations (f)(2). serving Tribal land by increasing— issued by the Secretary under section 6 of (A) the eligible costs expense adjustment the Act of February 5, 1948 (62 Stat. 18, chap- (f) TRUST RESPONSIBILITY.— under section 54.1310(a)(1) of that title from ter 45; 25 U.S.C. 328); and (1) IN GENERAL.—The United States shall 65 percent to 81.25 percent; and (B) provide for an environmental review not be liable for any losses sustained by a (B) the eligible costs expense adjustment process that includes— party to a right-of-way granted by an Indian under section 54.1310(a)(2) of that title from (i) the identification and evaluation by the Tribe under the program. 75 percent to 93.75 percent. Indian Tribe of any significant impacts of (2) AUTHORITY OF SECRETARY.— SEC. 5128. PILOT PROGRAM FOR TRIBAL GRANT the proposed right-of-way on the environ- (A) IN GENERAL.—Pursuant to the author- OF RIGHTS-OF-WAY FOR ment; and ity of the Secretary to fulfill the trust obli- BROADBAND FACILITIES. (ii) a process for ensuring that— gation of the United States to Indian Tribes (a) DEFINITIONS.—In this section: (I) the public is informed of, and has a rea- participating in the program under Federal (1) PROGRAM.—The term ‘‘program’’ means sonable opportunity to comment on, any im- law (including regulations), the Secretary the Tribal Broadband Right-of-Way Pilot pacts identified by the Indian Tribe under may, on request by, and after reasonable no- Program established under subsection (b)(1). clause (i); and tice from, an Indian Tribe, enforce the provi- (2) SECRETARY.—The term ‘‘Secretary’’ (II) the Indian Tribe provides responses to sions of, or cancel, any right-of-way granted means the Secretary of the Interior. relevant and substantive public comments by the Indian Tribe under the program. (b) PILOT PROGRAM.— received under subclause (I). (B) PROCEDURES.—The Secretary shall en- (1) IN GENERAL.—The Secretary shall estab- (4) TECHNICAL ASSISTANCE.— force the provisions of, or cancel, any right- lish a pilot program, to be known as the (A) IN GENERAL.—On request of an Indian of-way under subparagraph (A) in accordance ‘‘Tribal Broadband Right-of-Way Pilot Pro- Tribe desiring to participate in the program, with the regulations issued by the Secretary gram’’, under which the Secretary shall dele- the Secretary shall provide technical assist- under section 6 of the Act of February 5, 1948 gate to the Indian Tribes selected under ance for development of proposed regulations (62 Stat. 18, chapter 45; 25 U.S.C. 328). paragraph (3) the authority under the first to be submitted in the application of the In- (g) COMPLIANCE.— section of the Act of February 5, 1948 (62 dian Tribe under paragraph (1), including (1) IN GENERAL.—A duly enrolled member Stat. 17, chapter 45; 25 U.S.C. 323) to grant technical assistance for development of a of an Indian Tribe, after exhausting any ap- rights-of-way described in paragraph (2) over regulatory environmental review process plicable Tribal remedies, may submit to the and across Tribal land. that meets the requirements of paragraph Secretary, at such time and in such form as (2) RIGHT-OF-WAY DESCRIBED.—A right-of- (3)(B). the Secretary determines to be appropriate, way referred to in paragraph (1) is a right-of- (B) ISDEAA.— a petition to review the compliance of an In- way for the construction, maintenance, and (i) IN GENERAL.—Technical assistance pro- dian Tribe participating in the program with facilitation of broadband service, which may vided by the Secretary under subparagraph the regulations of the Indian Tribe approved include— (A) may be made available to Indian Tribes by the Secretary under subsection (c). (A) towers; described in clause (ii) through contracts, (2) VIOLATIONS.—If, after carrying out a re- (B) cables; grants, or agreements entered into in accord- view under paragraph (1), the Secretary de- (C) transmission lines; and ance with the Indian Self-Determination and termines that the Indian Tribe violated the

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regulations, the Secretary, subject to para- (1) in the case of a school, students and (3) USE OF FUNDS.—Amounts in the graph (3)(B), may take any action the Sec- staff of the school at locations that include Connectivity Fund shall be available to the retary determines to be necessary to remedy locations other than the school; and Commission to provide support under the the violation, including— (2) in the case of a library, patrons of the covered regulations. (A) rescinding the approval of the regula- library at locations that include locations (4) RELATIONSHIP TO UNIVERSAL SERVICE tions; and other than the library. CONTRIBUTIONS.—Support provided under cov- (B) reassuming the authority to grant (c) TRIBAL ISSUES.— ered regulations shall be provided from rights-of-ways described in subsection (b)(2) (1) SET ASIDE FOR TRIBAL LANDS.—The Com- amounts made available under paragraph (3) delegated to the Indian Tribe under the pro- mission shall reserve not less than 5 percent and not from contributions under section gram. of the amounts available to the Commission 254(d) of the Communications Act of 1934 (47 (3) DOCUMENTATION.—If the Secretary de- under subsection (h)(3) to provide support U.S.C. 254(d)). under the covered regulations to schools and termines that the Indian Tribe violated the CHAPTER 4—DIGITAL EQUITY regulations and a remedy is necessary, the libraries that serve individuals who are lo- Secretary shall— cated on Tribal land. SEC. 5141. SHORT TITLE. (A) submit to the Indian Tribe a written (2) ELIGIBILITY OF TRIBAL LIBRARIES.—For This chapter may be cited as the ‘‘Digital notification of the regulations that have purposes of determining the eligibility of a Equity Act of 2020’’. been violated; and Tribal library for support under the covered SEC. 5142. DEFINITIONS. (B) prior to the exercise of any remedy regulations, the portion of paragraph (4) of In this chapter: under paragraph (2), provide the Indian Tribe section 254(h) of the Communications Act of (1) ADOPTION OF BROADBAND.—The term with— 1934 (47 U.S.C. 254(h)) relating to eligibility ‘‘adoption of broadband’’ means the process (i) a hearing that is on the record; and for assistance from a State library adminis- by which an individual obtains daily access (ii) a reasonable opportunity to cure the trative agency under the Library Services to the internet— alleged violation. and Technology Act shall not apply. (A) at a speed, quality, and capacity— (d) PRIORITIZATION OF SUPPORT.—The Com- (h) SUNSET.—The authority of the Sec- (i) that is necessary for the individual to mission shall provide in the covered regula- retary to carry this section shall terminate accomplish common tasks; and tions for a mechanism to require a school or 10 years after the date of enactment of this (ii) such that the access qualifies as an ad- library to prioritize the provision of covered Act. vanced telecommunications capability; equipment, advanced telecommunications (B) with the digital skills that are nec- CHAPTER 3—CONNECTED DEVICES and information services, or covered equip- essary for the individual to participate on- ment and advanced telecommunications and SEC. 5131. E–RATE SUPPORT FOR WI-FI line; and information services, for which support is re- HOTSPOTS, OTHER EQUIPMENT, AND (C) on a— CONNECTED DEVICES. ceived under those regulations, to students and staff or patrons (as the case may be) (i) personal device; and (a) DEFINITIONS.—In this section: that the school or library believes do not (ii) secure and convenient network. (1) ADVANCED TELECOMMUNICATIONS AND IN- have access to covered equipment, do not (2) ADVANCED TELECOMMUNICATIONS CAPA- FORMATION SERVICES.—The term ‘‘advanced BILITY.—The term ‘‘advanced telecommuni- telecommunications and information serv- have access to advanced telecommunications and information services, or have access to cations capability’’ has the meaning given ices’’ means advanced telecommunications the term in section 706(d) of the Tele- and information services, as that term is neither covered equipment nor advanced telecommunications and information serv- communications Act of 1996 (47 U.S.C. used in section 254(h) of the Communications 1302(d)). Act of 1934 (47 U.S.C. 254(h)). ices, at the residences of those students and staff or patrons. (3) AGING INDIVIDUAL.—The term ‘‘aging in- (2) CONNECTED DEVICE.—The term ‘‘con- (e) PERMISSIBLE USES OF EQUIPMENT.—The dividual’’ has the meaning given the term nected device’’ means a laptop computer, Commission shall provide in the covered reg- ‘‘older individual’’ in section 102 of the Older tablet computer, or similar device that is ca- ulations that, in the case of a school or li- Americans Act of 1965 (42 U.S.C. 3002). pable of connecting to advanced tele- brary that purchases covered equipment (4) APPROPRIATE COMMITTEES OF CON- communications and information services. using support received under those regula- GRESS.—The term ‘‘appropriate committees (3) COVERED EQUIPMENT.—The term ‘‘cov- tions, the school or library— of Congress’’ means— ered equipment’’ means— (1) may use the equipment for any purposes (A) the Committee on Appropriations of (A) Wi-Fi hotspots; that the school or library considers appro- the Senate; (B) modems; priate, subject to any restrictions provided (B) the Committee on Commerce, Science, (C) routers; in those regulations (or any successor regu- and Transportation of the Senate; (D) devices that combine a modem and lation); and (C) the Committee on Appropriations of router; and (2) may not sell or otherwise transfer the the House of Representatives; and (E) connected devices. equipment in exchange for any thing (includ- (D) the Committee on Energy and Com- (4) COVERED REGULATIONS.—The term ‘‘cov- ing a service) of value, except that the school merce of the House of Representatives. ered regulations’’ means the regulations pro- or library may exchange the equipment for (5) COMMUNITY ANCHOR INSTITUTION.—The mulgated under subsection (b). upgraded equipment of the same type. term ‘‘community anchor institution’’ (5) LIBRARY.—The term ‘‘library’’ includes (f) RULE OF CONSTRUCTION.—Nothing in this means a public school, a library, a medical a library consortium. section shall be construed to affect any au- or healthcare provider, a community college (6) WI-FI.—The term ‘‘Wi-Fi’’ means a wire- thority the Commission may have under sec- or other institution of higher education, a less networking protocol based on Institute tion 254(h)(1)(B) of the Communications Act State library agency, and any other non- of Electrical and Electronics Engineers of 1934 (47 U.S.C. 254(h)(1)(B)) to allow sup- profit or governmental community support standard 802.11 (or any successor standard). port under that section to be used for the organization. (7) WI-FI HOTSPOT.—The term ‘‘Wi-Fi purposes described in subsection (b) of this (6) COVERED HOUSEHOLD.—The term ‘‘cov- hotspot’’ means a device that is capable of— section other than as required under that ered household’’ means a household, the tax- (A) receiving mobile advanced tele- subsection. able income of which for the most recently communications and information services; (g) PART 54 REGULATIONS.—Nothing in this completed taxable year is not more than 150 and section shall be construed to prevent the percent of an amount equal to the poverty (B) sharing those services with another de- Commission from providing that the regula- level, as determined by using criteria of pov- vice through the use of Wi-Fi. tions in part 54 of title 47, Code of Federal erty established by the Bureau of the Census. (b) REGULATIONS REQUIRED.—Not later Regulations (or any successor regulation), (7) COVERED POPULATIONS.—The term ‘‘cov- than 180 days after the date of enactment of with respect to support provided under the ered populations’’ means— this Act, the Commission shall promulgate covered regulations— (A) individuals who live in covered house- regulations providing for the provision, from (1) shall apply in whole or in part to that holds; amounts made available from the support; (B) aging individuals; Connectivity Fund established under sub- (2) shall not apply in whole or in part to (C) incarcerated individuals, other than in- section (h)(1), of support under section that support; or dividuals who are incarcerated in a Federal 254(h)(1)(B) of the Communications Act of (3) shall be modified in whole or in part for correctional facility; 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary purposes of application to that support. (D) veterans; school, secondary school, or library (includ- (h) CONNECTIVITY FUND.— (E) individuals with disabilities; ing a Tribal elementary school, Tribal sec- (1) ESTABLISHMENT.—There is established (F) individuals with a language barrier, in- ondary school, or Tribal library) eligible for in the Treasury of the United States a fund cluding individuals who— support under that section, for the purchase to be known as the ‘‘Connectivity Fund’’. (i) are English learners; and of covered equipment, advanced tele- (2) APPROPRIATION.—There is appropriated (ii) have low levels of literacy; communications and information services, to the Connectivity Fund, out of any money (G) individuals who are members of a ra- or covered equipment and advanced tele- in the Treasury not otherwise appropriated, cial or ethnic minority group; and communications and information services, $12,000,000,000 for fiscal year 2021, to remain (H) individuals who primarily reside in a for use by— available until expended. rural area.

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(8) COVERED PROGRAMS.—The term ‘‘cov- (20) VETERAN.—The term ‘‘veteran’’ has the other Federal broadband initiatives and pro- ered programs’’ means— meaning given the term in section 101 of grams. (A) the State Digital Equity Capacity title 38, United States Code. (b) ADMINISTERING ENTITY.— Grant Program established under section (21) WORKFORCE DEVELOPMENT PROGRAM.— (1) SELECTION; FUNCTION.—The governor (or 5144; and The term ‘‘workforce development program’’ equivalent official) of a State that wishes to (B) the Digital Equity Competitive Grant has the meaning given the term in section 3 be awarded a grant under this section shall, Program established under section 5145. of the Workforce Innovation and Oppor- from among entities that are eligible under (9) DIGITAL INCLUSION.—The term ‘‘digital tunity Act (29 U.S.C. 3102). paragraph (2), select an administering entity inclusion’’— SEC. 5143. SENSE OF CONGRESS. for that State, which shall— (A) means the activities that are necessary It is the sense of Congress that— (A) serve as the recipient of, and admin- to ensure that all individuals in the United (1) a broadband connection and digital lit- istering agent for, any grant awarded to the States have access to, and the use of, afford- eracy are increasingly critical to how indi- State under this section; able information and communication tech- viduals— (B) develop, implement, and oversee the nologies, such as— (A) participate in the society, economy, State Digital Equity Plan for the State de- (i) reliable fixed and wireless broadband and civic institutions of the United States; scribed in subsection (c); (C) make subgrants to any entity described internet service; and in subsection (c)(1)(D) that is located in the (ii) internet-enabled devices that meet the (B) access health care and essential serv- State in support of— needs of the user; and ices, obtain education, and build careers; (i) the State Digital Equity Plan for the (iii) applications and online content de- (2) digital exclusion— State; and signed to enable and encourage self-suffi- (A) carries a high societal and economic cost; (ii) digital inclusion activities in the State ciency, participation, and collaboration; and generally; and (B) includes— (B) materially harms the opportunity of an individual with respect to the economic suc- (D) serve as— (i) obtaining access to digital literacy cess, educational achievement, positive (i) an advocate for digital equity policy training; health outcomes, social inclusion, and civic and digital inclusion activities; and (ii) the provision of quality technical sup- engagement of that individual; and (ii) a repository of best practice materials port; and (C) exacerbates existing wealth and income regarding the policies and activities de- (iii) obtaining basic awareness of measures gaps, especially those experienced by covered scribed in clause (i). to ensure online privacy and cybersecurity. populations; (2) ELIGIBLE ENTITIES.—Any of the fol- (10) DIGITAL LITERACY.—The term ‘‘digital (3) achieving digital equity for all people of lowing entities may serve as the admin- literacy’’ means the skills associated with the United States requires additional and istering entity for a State for the purposes of using technology to enable users to find, sustained investment and research efforts; this section if the entity has demonstrated a evaluate, organize, create, and communicate (4) the Federal Government, as well as capacity to administer the Program on a information. State, Tribal, territorial, and local govern- statewide level: (11) DISABILITY.—The term ‘‘disability’’ has ments, have made social, legal, and eco- (A) The State, a political subdivision, the meaning given the term in section 3 of nomic obligations that necessarily extend to agency, or instrumentality of the State, an the Americans with Disabilities Act of 1990 how the citizens and residents of those gov- Indian Tribe located in the State, an Alaska (42 U.S.C. 12102). ernments access and use the internet; and Native entity located in the State, or a Na- (12) ELIGIBLE STATE.—The term ‘‘eligible (5) achieving digital equity is a matter of tive Hawaiian organization located in the State’’ means— social and economic justice and is worth pur- State. (A) with respect to planning grants made suing. (B) A foundation, corporation, institution, available under section 5144(c)(3), a State SEC. 5144. STATE DIGITAL EQUITY CAPACITY association, or coalition that is— with respect to which the Assistant Sec- GRANT PROGRAM. (i) a not-for-profit entity; retary has approved an application sub- (a) ESTABLISHMENT; PURPOSE.— (ii) located in the State; and mitted to the Assistant Secretary under sec- (1) IN GENERAL.—The Assistant Secretary (iii) not a school. tion 5144(c)(3)(C); and shall establish in the Department of Com- (C) A community anchor institution, other (B) with respect to capacity grants award- merce the State Digital Equity Capacity than a school, that is located in the State. ed under section 5144(d), a State with respect Grant Program (referred to in this section as (D) A local educational agency that is lo- to which the Assistant Secretary has ap- the ‘‘Program’’)— cated in the State. proved an application submitted to the As- (A) the purpose of which is to promote the (E) An entity located in the State that car- sistant Secretary under section 5144(d)(2), in- achievement of digital equity, support dig- ries out a workforce development program. cluding approval of the State Digital Equity ital inclusion activities, and build capacity (F) An agency of the State that is respon- Plan developed by the State under section for efforts by States relating to the adoption sible for administering or supervising adult 5144(c). of broadband by residents of those States; education and literacy activities in the (13) GENDER IDENTITY.—The term ‘‘gender (B) through which the Assistant Secretary State. identity’’ has the meaning given the term in shall make grants to States in accordance (G) A public housing authority that is lo- section 249(c) of title 18, United States Code. with the requirements of this section; and cated in the State. (14) INSTITUTION OF HIGHER EDUCATION.— (C) which shall ensure that States have the (H) A partnership between any of the enti- The term ‘‘institution of higher education’’— capacity to promote the achievement of dig- ties described in subparagraphs (A) through (A) has the meaning given the term in sec- ital equity and support digital inclusion ac- (G). tion 101 of the Higher Education Act of 1965 tivities. (c) STATE DIGITAL EQUITY PLAN.— (20 U.S.C. 1001); and (2) CONSULTATION WITH OTHER FEDERAL (1) DEVELOPMENT; CONTENTS.—A State that (B) includes a postsecondary vocational in- AGENCIES; NO CONFLICT.—In establishing the wishes to be awarded a grant under sub- stitution. Program under paragraph (1), the Assistant section (d) shall develop a State Digital Eq- (15) LOCAL EDUCATIONAL AGENCY.—The term Secretary shall— uity Plan for the State, which shall in- ‘‘local educational agency’’ has the meaning (A) consult with— clude— given the term in section 8101(30) of the Ele- (i) the Secretary of Agriculture; (A) the identification of the barriers to dig- mentary and Secondary Education Act of (ii) the Secretary of Housing and Urban ital equity faced by covered populations in 1965 (20 U.S.C. 7801(30)). Development; the State; (16) POSTSECONDARY VOCATIONAL INSTITU- (iii) the Secretary of Education; (B) measurable objectives for documenting TION.—The term ‘‘postsecondary vocational (iv) the Secretary of Labor; and promoting, among each group described institution’’ has the meaning given the term (v) the Secretary of Health and Human in subparagraphs (A) through (H) of section in section 102(c) of the Higher Education Act Services; 5142(7) located in that State— of 1965 (20 U.S.C. 1002(c)). (vi) the Secretary of Veterans Affairs; (i) the availability of, and affordability of (17) RURAL AREA.—The term ‘‘rural area’’ (vii) the Secretary of the Interior; access to, fixed and wireless broadband tech- has the meaning given the term in section (viii) the Commission; nology; 601(b)(3) of the Rural Electrification Act of (ix) the Federal Trade Commission; (ii) the online accessibility and inclusivity 1936 (7 U.S.C. 950bb(b)(3)). (x) the Director of the Institute of Museum of public resources and services; (18) SOCIALLY AND ECONOMICALLY DISADVAN- and Library Services; (iii) digital literacy; TAGED SMALL BUSINESS CONCERN.—The term (xi) the Administrator of the Small Busi- (iv) awareness of, and the use of, measures ‘‘socially and economically disadvantaged ness Administration; to secure the online privacy of, and cyberse- small business concern’’ has the meaning (xii) the Federal Co-Chair of the Appa- curity with respect to, an individual; and given the term in section 8(a)(4) of the Small lachian Regional Commission; and (v) the availability and affordability of Business Act (15 U.S.C. 637(a)(4)). (xiii) the head of any other agency that the consumer devices and technical support for (19) STATE.—The term ‘‘State’’ means— Assistant Secretary determines to be appro- those devices; (A) any State of the United States; priate; and (C) an assessment of how the objectives de- (B) the District of Columbia; and (B) ensure that the Program complements scribed in subparagraph (B) will impact and (C) the Commonwealth of Puerto Rico. and enhances, and does not conflict with, interact with the State’s—

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(i) economic and workforce development (B) ELIGIBILITY.—In order to be awarded a respect to the grant is released, submit to goals, plans, and outcomes; planning grant under this paragraph, a the Assistant Secretary an application, in a (ii) educational outcomes; State— format to be determined by the Assistant (iii) health outcomes; (i) shall submit to the Assistant Secretary Secretary, that contains the following mate- (iv) civic and social engagement; and an application under subparagraph (C); and rials: (v) delivery of other essential services; (ii) may not have been awarded, at any (A) A description of the entity selected to (D) in order to achieve the objectives de- time, a planning grant under this paragraph. serve as the administering entity for the scribed in subparagraph (B), a description of (C) APPLICATION.—A State that wishes to State, as described in subsection (b). how the State plans to collaborate with key be awarded a planning grant under this para- (B) The State Digital Equity Plan of that stakeholders in the State, which may in- graph shall, not later than 60 days after the State, as described in subsection (c). clude— date on which the notice of funding avail- (C) A certification that the State, acting (i) community anchor institutions; ability with respect to the grant is released, through the administering entity for the submit to the Assistant Secretary an appli- State, shall— (ii) county and municipal governments; cation, in a format to be determined by the (i) implement the State Digital Equity (iii) local educational agencies; Assistant Secretary, that contains the fol- Plan of the State; and (iv) where applicable, Indian Tribes, Alas- lowing materials: (ii) make grants in a manner that is con- ka Native entities, or Native Hawaiian orga- (i) A description of the entity selected to sistent with the aims of the Plan described nizations; serve as the administering entity for the in clause (i). (v) nonprofit organizations; State, as described in subsection (b). (D) The assurances required under sub- (vi) organizations that represent— (ii) A certification from the State that, not section (e). (I) individuals with disabilities, including later than 1 year after the date on which the (E) In the case of a State to which the As- organizations that represent children with Assistant Secretary awards the planning sistant Secretary has previously awarded a disabilities; grant to the State, the administering entity grant under this subsection, any amend- (II) aging individuals; for that State shall develop a State Digital ments to the State Digital Equity Plan of (III) individuals with language barriers, in- Equity Plan under this subsection, which— that State, as compared with the State Dig- cluding— (I) the administering entity shall submit ital Equity Plan of the State previously sub- (aa) individuals who are English learners; to the Assistant Secretary; and mitted. and (II) shall comply with the requirements of (3) AWARDS.— (bb) individuals who have low levels of lit- this subsection, including the requirement (A) AMOUNT OF GRANT.— eracy; under paragraph (2)(B). (i) FORMULA.—Subject to clauses (ii), (iii), (IV) veterans; and (iii) The assurances required under sub- and (iv), the Assistant Secretary shall cal- (V) individuals in that State who are incar- section (e). culate the amount of a grant awarded to an cerated in facilities other than Federal cor- (D) AWARDS.— eligible State under this subsection in ac- rectional facilities; (i) AMOUNT OF GRANT.—A planning grant cordance with the following criteria, using (vii) civil rights organizations; awarded to an eligible State under this para- the best available data for all States for the (viii) entities that carry out workforce de- graph shall be determined according to the fiscal year in which the grant is awarded: velopment programs; formula under subsection (d)(3)(A)(i). (I) 50 percent of the total grant amount (ix) agencies of the State that are respon- (ii) DURATION.— shall be based on the population of the eligi- sible for administering or supervising adult (I) IN GENERAL.—Except as provided in sub- ble State in proportion to the total popu- education and literacy activities in the clause (II), with respect to a planning grant lation of all eligible States. State; awarded to an eligible State under this para- (II) 25 percent of the total grant amount (x) public housing authorities in the State; graph, the State shall expend the grant funds shall be based on the number of individuals and during the 1-year period beginning on the in the eligible State who are covered popu- (xi) a partnership between any of the enti- date on which the State is awarded the grant lations in proportion to the total number of ties described in clauses (i) through (x); and funds. individuals in all eligible States who are cov- (E) a list of organizations with which the (II) EXCEPTION.—The Assistant Secretary ered populations. administering entity for the State collabo- may grant an extension of not longer than (III) 25 percent of the total grant amount rated in developing and implementing the 180 days with respect to the requirement shall be based on the comparative lack of Plan. under subclause (I). availability and adoption of broadband in the (iii) CHALLENGE MECHANISM.—The Assistant eligible State in proportion to the lack of (2) PUBLIC AVAILABILITY.— Secretary shall ensure that any eligible availability and adoption of broadband of all (A) IN GENERAL.—The administering entity State to which a planning grant is awarded eligible States, which shall be determined for a State shall make the State Digital Eq- under this paragraph may appeal or other- according to data collected from— uity Plan of the State available for public wise challenge in a timely fashion the (aa) the annual inquiry of the Commission comment for a period of not less than 30 days amount of the grant awarded to the State, as conducted under section 706(b) of the Tele- before the date on which the State submits determined under clause (i). communications Act of 1996 (47 U.S.C. an application to the Assistant Secretary (E) USE OF FUNDS.—An eligible State to 1302(b)); under subsection (d)(2). which a planning grant is awarded under this (bb) the American Community Survey or, (B) CONSIDERATION OF COMMENTS RE- paragraph shall, through the administering if necessary, other data collected by the Bu- CEIVED.—The administering entity for a entity for that State, use the grant funds reau of the Census; State shall, with respect to an application only for the following purposes: (cc) the Internet and Computer Use Supple- submitted to the Assistant Secretary under (i) To develop the State Digital Equity ment to the Current Population Survey of subsection (d)(2)— Plan of the State under this subsection. the Bureau of the Census; and (i) before submitting the application— (ii)(I) Subject to subclause (II), to make (dd) any other source that the Assistant (I) consider all comments received during subgrants to any of the entities described in Secretary, after appropriate notice and op- the comment period described in subpara- paragraph (1)(D) to assist in the development portunity for public comment, determines to graph (A) with respect to the application (re- of the State Digital Equity Plan of the State be appropriate. ferred to in this subparagraph as the ‘‘com- under this subsection. (ii) MINIMUM AWARD.—The amount of a ment period’’); and (II) If the administering entity for a State grant awarded to an eligible State under this (II) make any changes to the plan that the makes a subgrant described in subclause (I), subsection in a fiscal year shall be not less administering entity determines to be the administering entity shall, with respect than 0.5 percent of the total amount made worthwhile; and to the subgrant, provide to the State the as- available to award grants to eligible States (ii) when submitting the application— surances required under subsection (e). for that fiscal year. (I) describe any changes pursued by the ad- (d) STATE CAPACITY GRANTS.— (iii) ADDITIONAL AMOUNTS.—If, after award- ministering entity in response to comments (1) IN GENERAL.—Beginning not later than 2 ing planning grants to States under sub- received during the comment period; and years after the date on which the Assistant section (c)(3) and capacity grants to eligible (II) include a written response to each Secretary begins awarding planning grants States under this subsection in a fiscal year, comment received during the comment pe- under subsection (c)(3), the Assistant Sec- there are amounts remaining to carry out riod. retary shall each year award grants to eligi- this section, the Assistant Secretary shall (3) PLANNING GRANTS.— ble States to support— distribute those amounts— (A) IN GENERAL.—Beginning in the first fis- (A) the implementation of the State Dig- (I) to eligible States to which the Assistant cal year that begins after the date of enact- ital Equity Plans of those States; and Secretary has awarded grants under this sub- ment of this Act, the Assistant Secretary (B) digital inclusion activities in those section for that fiscal year; and shall, in accordance with the requirements of States. (II) in accordance with the formula de- this paragraph, award planning grants to (2) APPLICATION.—A State that wishes to be scribed in clause (i). States for the purpose of developing the awarded a grant under this subsection shall, (iv) DATA UNAVAILABLE.—If, in a fiscal State Digital Equity Plans of those States not later than 60 days after the date on year, the Commonwealth of Puerto Rico (re- under this subsection. which the notice of funding availability with ferred to in this clause as ‘‘Puerto Rico’’) is

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an eligible State and specific data for Puerto (A) the covered recipient shall use the (g) REPORTING AND INFORMATION REQUIRE- Rico is unavailable for a factor described in grant funds in accordance with any applica- MENTS; INTERNET DISCLOSURE.—The Assist- subclause (I), (II), or (II) of clause (i), the As- ble statute, regulation, and application pro- ant Secretary— sistant Secretary shall use the median data cedure; (1) shall— point with respect to that factor among all (B) the administering entity for that State (A) require any entity to which a grant, in- eligible States and assign it to Puerto Rico shall adopt and use proper methods of ad- cluding a subgrant, is awarded under this for the purposes of making any calculation ministering any grant that the covered re- section to publicly report, for each year dur- under that clause for that fiscal year. cipient is awarded, including by— ing the period described in subsection (B) DURATION.—With respect to a grant (i) enforcing any obligation imposed under (c)(3)(D)(ii) or (d)(3)(B), as applicable, with awarded to an eligible State under this sub- law on any agency, institution, organization, respect to the grant, and in a format speci- section, the eligible State shall expend the or other entity that is responsible for car- fied by the Assistant Secretary, on— grant funds during the 5-year period begin- rying out the program to which the grant re- (i) the use of that grant by the entity; ning on the date on which the eligible State lates; (ii) the progress of the entity towards ful- is awarded the grant funds. (ii) correcting any deficiency in the oper- filling the objectives for which the grant was (C) CHALLENGE MECHANISM.—The Assistant ation of a program to which the grant re- awarded; and Secretary shall ensure that any eligible lates, as identified through an audit or an- (iii) the implementation of the State Dig- State to which a grant is awarded under this other monitoring or evaluation procedure; ital Equity Plan of the State; subsection may appeal or otherwise chal- and (B) establish appropriate mechanisms to lenge in a timely fashion the amount of the (iii) adopting written procedures for the re- ensure that each eligible State to which a grant awarded to the State, as determined ceipt and resolution of complaints alleging a grant is awarded under this section— under subparagraph (A). violation of law with respect to a program to (i) uses the grant amounts in an appro- (D) USE OF FUNDS.—The administering en- which the grant relates; and priate manner; and tity for an eligible State to which a grant is (C) the administering entity for that State (ii) complies with all terms with respect to awarded under this subsection shall use the shall cooperate in carrying out any evalua- the use of the grant amounts; and grant amounts for the following purposes: tion— (C) create and maintain a fully searchable (i)(I) Subject to subclause (II), to update or (i) of any program that relates to a grant database, which shall be accessible on the maintain the State Digital Equity Plan of awarded to the covered recipient; and internet at no cost to the public, that con- the State. (ii) that is carried out by or for the Assist- tains, at a minimum— (II) An administering entity for an eligible ant Secretary or another Federal official; (i) the application of each State that has State to which a grant is awarded under this (2) the administering entity for that State applied for a grant under this section; subsection may use not more than 20 percent shall— (ii) the status of each application described of the amount of the grant for the purpose (A) use fiscal control and fund accounting in clause (i); described in subclause (I). procedures that ensure the proper disburse- (iii) each report submitted by an entity (ii) To implement the State Digital Equity ment of, and accounting for, any Federal under subparagraph (A); Plan of the State. funds that the State is awarded under this (iv) a record of public comments made re- (iii)(I) Subject to subclause (II), to award a section; garding the State Digital Equity Plan of a grant to any entity that is described in sec- (B) submit to the Assistant Secretary any State, as well as any written responses to or tion 5145(b) and is located in the eligible reports that may be necessary to enable the actions taken in as a result of those com- State in order to— Assistant Secretary to perform the duties of ments; and (aa) assist in the implementation of the the Assistant Secretary under this section; (v) any other information that is sufficient State Digital Equity Plan of the State; (C) maintain any records and provide any to allow the public to understand and mon- (bb) pursue digital inclusion activities in information to the Assistant Secretary, in- itor grants awarded under this section; and the State consistent with the State Digital cluding those records, that the Assistant (2) may establish additional reporting and Equity Plan of the State; and Secretary determines is necessary to enable information requirements for any recipient (cc) report to the State regarding the dig- ital inclusion activities of the entity. the Assistant Secretary to perform the du- of a grant under this section. (II) Before an administering entity for an ties of the Assistant Secretary under this (h) SUPPLEMENT NOT SUPPLANT.—A grant eligible State may award a grant under sub- section; and or subgrant awarded under this section shall clause (I), the administering entity shall re- (D) with respect to any significant pro- supplement, not supplant, other Federal or quire the entity to which the grant is award- posed change or amendment to the State State funds that have been made available to ed to certify that— Digital Equity Plan for the State, make the carry out activities described in this section. (aa) the entity shall carry out the activi- change or amendment available for public (i) SET ASIDES.—From amounts made ties required under items (aa), (bb), and (cc) comment in accordance with subsection available in a fiscal year to carry out the of that subclause; (c)(2); and Program, the Assistant Secretary shall re- (bb) the receipt of the grant shall not re- (3) the State, before submitting to the As- serve— sult in unjust enrichment of the entity; and sistant Secretary the State Digital Equity (1) not more than 5 percent for the imple- (cc) the entity shall cooperate with any Plan of the State, has complied with the re- mentation and administration of the Pro- evaluation— quirements of subsection (c)(2). gram, which shall include— (AA) of any program that relates to a (f) TERMINATION OF GRANT.— (A) providing technical support and assist- grant awarded to the entity; and (1) IN GENERAL.—The Assistant Secretary ance, including ensuring consistency in data (BB) that is carried out by or for the ad- shall terminate a grant awarded to an eligi- reporting; ministering entity, the Assistant Secretary, ble State under this section if, after notice (B) providing assistance to— or another Federal official. to the State and opportunity for a hearing, (i) States, or administering entities for (iv)(I) Subject to subclause (II), to evaluate the Assistant Secretary— States, to prepare the applications of those the efficacy of the efforts funded by grants (A) presents to the State a rationale and States; and made under clause (iii). supporting information that clearly dem- (ii) administering entities with respect to (II) An administering entity for an eligible onstrates that— grants awarded under this section; and State to which a grant is awarded under this (i) the grant funds are not contributing to (C) developing the report required under subsection may use not more than 5 percent the development or execution of the State section 5146(a); of the amount of the grant for a purpose de- Digital Equity Plan of the State, as applica- (2) not less than 5 percent to award grants scribed in subclause (I). ble; and to, or enter into contracts or cooperative (v)(I) Subject to subclause (II), for the ad- (ii) the State is not upholding assurances agreements with, Indian Tribes, Alaska Na- ministrative costs incurred in carrying out made by the State to the Assistant Sec- tive entities, and Native Hawaiian organiza- the activities described in clauses (i) through retary under subsection (e); and tions to allow those tribes, entities, and or- (iv). (B) determines that the grant is no longer ganizations to carry out the activities de- (II) An administering entity for an eligible necessary to achieve the original purpose for scribed in this section; and State to which a grant is awarded under this which Assistant Secretary awarded the (3) not less than 1 percent to award grants subsection may use not more than 3 percent grant. to, or enter into contracts or cooperative of the amount of the grant for a purpose de- (2) REDISTRIBUTION.—If the Assistant Sec- agreements with, the United States Virgin scribed in subclause (I). retary, in a fiscal year, terminates a grant Islands, Guam, American Samoa, the Com- (e) ASSURANCES.—When applying for a under paragraph (1), the Assistant Secretary monwealth of the Northern Mariana Islands, grant under this section, a State shall in- shall redistribute the unspent grant and any other territory or possession of the clude in the application for that grant assur- amounts— United States that is not a State to enable ances that— (A) to eligible States to which the Assist- those entities to carry out the activities de- (1) if an entity described in section 5145(b) ant Secretary has awarded grants under sub- scribed in this section. is awarded grant funds under this section section (d) for that fiscal year; and (j) RULES.—The Assistant Secretary may (referred to in this subsection as a ‘‘covered (B) in accordance with the formula de- prescribe such rules as may be necessary to recipient’’), provide that— scribed in subsection (d)(3)(A)(i). carry out this section.

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(k) AUTHORIZATION OF APPROPRIATIONS.— (A) an entity described in any of para- (ii) To facilitate the adoption of broadband There are authorized to be appropriated— graphs (1) through (6); and by covered populations in order to provide (1) $120,000,000 for the award of grants (B) an entity that— educational and employment opportunities under subsection (c)(3), which shall remain (i) the Assistant Secretary, by rule, deter- to those populations. available until expended; mines to be in the public interest; and (iii) To implement, consistent with the (2) for each of the first 5 fiscal years in (ii) is not a school. purposes of this chapter— which amounts are made available to award (c) APPLICATION.—An entity that wishes to (I) training programs for covered popu- grants under subsection (d), $250,000,000 for be awarded a grant under the Program shall lations that cover basic, advanced, and ap- the award of those grants; and submit to the Assistant Secretary an appli- plied skills; or (3) such sums as may be necessary to carry cation— (II) other workforce development pro- out this section for each fiscal year after the (1) at such time, in such form, and con- grams. end of the 5-fiscal year period described in taining such information as the Assistant (iv) To make available equipment, instru- paragraph (2). Secretary may require; and mentation, networking capability, hardware SEC. 5145. DIGITAL EQUITY COMPETITIVE GRANT (2) that— and software, or digital network technology PROGRAM. (A) provides a detailed explanation of how for broadband services to covered popu- (a) ESTABLISHMENT.— the entity will use any grant amounts lations at low or no cost. (1) IN GENERAL.—Not later than 30 days awarded under the Program to carry out the (v) To construct, upgrade, expend, or oper- after the date on which the Assistant Sec- purposes of the Program in an efficient and ate new or existing public access computing retary begins awarding grants under section expeditious manner; centers for covered populations through 5144(d), and not before that date, the Assist- (B) identifies the period in which the appli- community anchor institutions. ant Secretary shall establish in the Depart- cant will expend the grant funds awarded (vi) To undertake any other project and ac- ment of Commerce the Digital Equity Com- under the Program; tivity that the Assistant Secretary finds to petitive Grant Program (referred to in this (C) includes— be consistent with the purposes for which section as the ‘‘Program’’), the purpose of (i) a justification for the amount of the the Program is established. which is to award grants to support efforts grant that the applicant is requesting; and (B) EVALUATION.— to achieve digital equity, promote digital in- (ii) for each fiscal year in which the appli- (i) IN GENERAL.—An entity to which the As- clusion activities, and spur greater adoption cant will expend the grant funds, a budget sistant Secretary awards a grant under the of broadband among covered populations. for the activities that the grant funds will Program shall use not more than 10 percent (2) CONSULTATION; NO CONFLICT.—In estab- support; of the grant amounts to measure and evalu- lishing the Program under paragraph (1), the (D) demonstrates to the satisfaction of the ate the activities supported with the grant Assistant Secretary— Assistant Secretary that the entity— amounts. (A) may consult a State with respect to— (i) is capable of carrying out— (ii) SUBMISSION TO ASSISTANT SECRETARY.— (i) the identification of groups described in (I) the project or function to which the ap- An entity to which the Assistant Secretary subparagraphs (A) through (H) of section plication relates; and awards a grant under the Program shall sub- 5142(7) located in that State; and (II) the activities described in subsection mit to the Assistant Secretary each meas- (ii) the allocation of grant funds within (h)— urement and evaluation performed under that State for projects in or affecting the (aa) in a competent manner; and clause (i)— State; and (bb) in compliance with all applicable Fed- (I) in a manner specified by the Assistant (B) shall— eral, State, and local laws; and Secretary; (i) consult with— (ii) if the applicant is an entity described (II) not later than 15 months after the date (I) the Secretary of Agriculture; in subsection (b)(1), shall appropriate or oth- on which the entity is awarded the grant (II) the Secretary of Housing and Urban erwise unconditionally obligate from non- amounts; and Development; Federal sources funds that are necessary to (III) annually after the submission de- (III) the Secretary of Education; meet the requirements of subsection (e); scribed in subclause (II) for any year in (IV) the Secretary of Labor; (E) discloses to the Assistant Secretary the which the entity expends grant amounts. (V) the Secretary of Health and Human source and amount of other Federal, State, (C) ADMINISTRATIVE COSTS.—An entity to Services; or outside funding sources from which the which the Assistant Secretary awards a (VI) the Secretary of Veterans Affairs; entity receives, or has applied for, funding grant under the Program may use not more (VII) the Secretary of the Interior; for activities or projects to which the appli- than 10 percent of the amount of the grant (VIII) the Commission; cation relates; and for administrative costs in carrying out any (IX) the Federal Trade Commission; (F) provides— of the activities described in subparagraph (X) the Director of the Institute of Mu- (i) the assurances that are required under (A). seum and Library Services; subsection (f); and (D) TIME LIMITATIONS.—With respect to a (XI) the Administrator of the Small Busi- (ii) an assurance that the entity shall fol- grant awarded to an entity under the Pro- ness Administration; low such additional procedures as the Assist- gram, the entity— (XII) the Federal Co-Chair of the Appa- ant Secretary may require to ensure that (i) except as provided in clause (ii), shall lachian Regional Commission; and grant funds are used and accounted for in an expend the grant amounts during the 4-year (XIII) the head of any other agency that appropriate manner. period beginning on the date on which the the Assistant Secretary determines to be ap- (d) AWARD OF GRANTS.— entity is awarded the grant amounts; and propriate; and (1) FACTORS CONSIDERED IN AWARD OF (ii) during the 1-year period beginning on (ii) ensure that the Program complements GRANTS.—In deciding whether to award a the date that is 4 years after the date on and enhances, and does not conflict with, grant under the Program, the Assistant Sec- which the entity is awarded the grant other Federal broadband initiatives and pro- retary shall, to the extent practicable, con- amounts, may continue to measure and grams. sider— evaluate the activities supported with the (b) ELIGIBILITY.—The Assistant Secretary (A) whether— grant amounts, as required under subpara- may award a grant under the Program to (i) an application shall, if approved— graph (B). any of the following entities if the entity is (I) increase internet access and the adop- (e) FEDERAL SHARE.— not serving, and has not served, as the ad- tion of broadband among covered popu- (1) IN GENERAL.—Except as provided in ministering entity for a State under section lations to be served by the applicant; and paragraph (2), the Federal share of any 5144(b): (II) not result in unjust enrichment; and project for which the Assistant Secretary (1) A political subdivision, agency, or in- (ii) the applicant is, or plans to sub- awards a grant under the Program may not strumentality of a State, including an agen- contract with, a socially and economically exceed 90 percent. cy of a State that is responsible for admin- disadvantaged small business concern; (2) EXCEPTION.—The Assistant Secretary istering or supervising adult education and (B) the comparative geographic diversity may grant a waiver with respect to the limi- literacy activities in the State. of the application in relation to other eligi- tation on the Federal share of a project de- (2) An Indian Tribe, an Alaska Native enti- ble applications; and scribed in paragraph (1) if— ty, or a Native Hawaiian organization. (C) the extent to which an application may (A) the applicant with respect to the (3) A foundation, corporation, institution, duplicate or conflict with another program. project petitions the Assistant Secretary for or association that is— (2) USE OF FUNDS.— the waiver; and (A) a not-for-profit entity; and (A) IN GENERAL.—In addition to the activi- (B) the Assistant Secretary determines (B) not a school. ties required under subparagraph (B), an en- that the petition described in subparagraph (4) A community anchor institution. tity to which the Assistant Secretary awards (A) demonstrates financial need. (5) A local educational agency. a grant under the Program shall use the (f) ASSURANCES.—When applying for a (6) An entity that carries out a workforce grant amounts to support not less than 1 of grant under this section, an entity shall in- development program. the following activities: clude in the application for that grant assur- (7) A partnership between any of the enti- (i) To develop and implement digital inclu- ances that the entity shall— ties described in paragraphs (1) through (6). sion activities that benefit covered popu- (1) use any grant funds that the entity is (8) A partnership between— lations. awarded—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7768 CONGRESSIONAL RECORD — SENATE December 18, 2020 (A) in accordance with any applicable stat- (iii) the progress of the entity towards ful- (2) such sums as may be necessary for each ute, regulation, and application procedure; filling the objectives for which the grant was fiscal year after the end of the 5-fiscal year and awarded; period described in paragraph (1). (B) to the extent required under applicable (B) establish mechanisms to ensure appro- SEC. 5146. POLICY RESEARCH, DATA COLLEC- law; priate use of, and compliance with respect to TION, ANALYSIS AND MODELING, (2) adopt and use proper methods of admin- all terms regarding, grant funds awarded EVALUATION, AND DISSEMINATION. istering any grant that the entity is award- under the Program; (a) REPORTING REQUIREMENTS.— ed, including by— (C) create and maintain a fully searchable (1) IN GENERAL.—Not later than 1 year after (A) enforcing any obligation imposed under database, which shall be accessible on the the date on which the Assistant Secretary law on any agency, institution, organization, internet at no cost to the public, that con- begins awarding grants under section or other entity that is responsible for car- tains, at a minimum— 5144(d)(1), and annually thereafter, the As- rying out a program to which the grant re- (i) a list of each entity that has applied for sistant Secretary shall— lates; a grant under the Program; (A) submit to the appropriate committees (B) correcting any deficiency in the oper- (ii) a description of each application de- of Congress a report that documents, for the ation of a program to which the grant re- scribed in clause (i), including the proposed year covered by the report— lates, as identified through an audit or an- purpose of each grant described in that (i) the findings of each evaluation con- other monitoring or evaluation procedure; clause; ducted under subparagraph (B); and (iii) the status of each application de- (ii) a list of each grant awarded under each (C) adopting written procedures for the re- scribed in clause (i), including whether the covered program, which shall include— ceipt and resolution of complaints alleging a Assistant Secretary has awarded a grant (I) the amount of each such grant; violation of law with respect to a program to with respect to the application and, if so, the (II) the recipient of each such grant; and which the grant relates; amount of the grant; (III) the purpose for which each such grant (3) cooperate with respect to any evalua- (iv) each report submitted by an entity was awarded; tion— under subparagraph (A); and (iii) any deobligation, termination, or (A) of any program that relates to a grant (v) any other information that is sufficient modification of a grant awarded under the awarded to the entity; and to allow the public to understand and mon- covered programs, which shall include a de- (B) that is carried out by or for the Assist- itor grants awarded under the Program; and scription of the subsequent usage of any ant Secretary or another Federal official; (D) ensure that any entity with respect to funds to which such an action applies; and (4) use fiscal control and fund accounting which an award is deobligated or terminated (iv) each challenge made by an applicant procedures that ensure the proper disburse- under subsection (g) may, in a timely man- for, or a recipient of, a grant under the cov- ment of, and accounting for, any Federal ner, appeal or otherwise challenge that ered programs and the outcome of each such funds that the entity is awarded under the deobligation or termination, as applicable; challenge; and Program; and (B) conduct evaluations of the activities (5) submit to the Assistant Secretary any (2) may establish additional reporting and carried out under the covered programs, reports that may be necessary to enable the information requirements for any recipient which shall include an evaluation of— Assistant Secretary to perform the duties of of a grant under the Program. (i) whether eligible States to which grants the Assistant Secretary under the Program; (i) SUPPLEMENT NOT SUPPLANT.—A grant are awarded under the program established and awarded to an entity under the Program under section 5144 are— (6) maintain any records and provide any shall supplement, not supplant, other Fed- (I) abiding by the assurances made by information to the Assistant Secretary, in- eral or State funds that have been made those States under subsection (e) of that sec- cluding those records, that the Assistant available to the entity to carry out activi- tion; Secretary determines is necessary to enable ties described in this section. (II) meeting, or have met, the stated goals the Assistant Secretary to perform the du- of the Digital Equity Plans developed by the (j) SET ASIDES.—From amounts made ties of the Assistant Secretary under the States under subsection (c) of that section; available in a fiscal year to carry out the Program. (III) satisfying the requirements imposed Program, the Assistant Secretary shall re- (g) DEOBLIGATION OR TERMINATION OF by the Assistant Secretary on those States serve— GRANT.—In addition to other authority under subsection (g) of that section; and (1) 5 percent for the implementation and under applicable law, the Assistant Sec- (IV) in compliance with any other rules, administration of the Program, which shall retary may— requirements, or regulations promulgated by include— (1) deobligate or terminate a grant award- the Assistant Secretary in implementing (A) providing technical support and assist- ed to an entity under this section if, after that program; and ance, including ensuring consistency in data notice to the entity and opportunity for a (ii) whether entities to which grants are reporting; hearing, the Assistant Secretary— awarded under the program established (B) providing assistance to entities to pre- (A) presents to the entity a rationale and under section 5145 are— pare the applications of those entities with supporting information that clearly dem- (I) abiding by the assurances made by respect to grants awarded under this section; onstrates that— those entities under subsection (f) of that (C) developing the report required under (i) the grant funds are not being used in a section; section 5146(a); and manner that is consistent with the applica- (II) meeting, or have met, the stated goals (D) conducting outreach to entities that tion with respect to the grant submitted by of those entities with respect to the use of may be eligible to be awarded a grant under the entity under subsection (c); and the grant amounts; the Program regarding opportunities to (ii) the entity is not upholding assurances (III) satisfying the requirements imposed apply for such a grant; made by the entity to the Assistant Sec- by the Assistant Secretary on those States (2) 5 percent to award grants to, or enter retary under subsection (f); and under subsection (h) of that section; and into contracts or cooperative agreements (B) determines that the grant is no longer (IV) in compliance with any other rules, with, Indian Tribes, Alaska Native entities, necessary to achieve the original purpose for requirements, or regulations promulgated by and Native Hawaiian organizations to allow which Assistant Secretary awarded the the Assistant Secretary in implementing those tribes, entities, and organizations to grant; and that program. carry out the activities described in this sec- (2) with respect to any grant funds that the (2) PUBLIC AVAILABILITY.—The Assistant tion; and Assistant Secretary deobligates or termi- Secretary shall make each report submitted (3) 1 percent to award grants to, or enter nates under paragraph (1), competitively under paragraph (1)(A) publicly available in into contracts or cooperative agreements award the grant funds to another applicant, an online format that— with, the United States Virgin Islands, consistent with the requirements of this sec- (A) facilitates access and ease of use; Guam, American Samoa, the Commonwealth tion. (B) is searchable; and of the Northern Mariana Islands, and any (C) is accessible— (h) REPORTING AND INFORMATION REQUIRE- other territory or possession of the United (i) to individuals with disabilities; and MENTS; INTERNET DISCLOSURE.—The Assist- States that is not a State to enable those en- (ii) in languages other than English. ant Secretary— tities to carry out the activities described in (1) shall— this section. (b) AUTHORITY TO CONTRACT AND ENTER (A) require any entity to which the Assist- INTO OTHER ARRANGEMENTS.—The Assistant ant Secretary awards a grant under the Pro- (k) RULES.—The Assistant Secretary may Secretary may award grants and enter into gram to, for each year during the period de- prescribe such rules as may be necessary to contracts, cooperative agreements, and other scribed in subsection (d)(2)(D) with respect carry out this section. arrangements with Federal agencies, public to the grant, submit to the Assistant Sec- (l) AUTHORIZATION OF APPROPRIATIONS.— and private organizations, and other entities retary a report, in a format specified by the There are authorized to be appropriated to with expertise that the Assistant Secretary Assistant Secretary, regarding— carry out this section— determines appropriate in order to— (i) the amount of the grant; (1) $250,000,000 for each of the first 5 fiscal (1) evaluate the impact and efficacy of ac- (ii) the use by the entity of the grant years in which funds are made available to tivities supported by grants awarded under amounts; and carry out this section; and the covered programs; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7769 (2) develop, catalog, disseminate, and pro- made available to carry out an activity au- (aa) the development of displacement pre- mote the exchange of best practices, both thorized under this chapter, and in each of vention plans under subparagraph (C) and co- with respect to and independent of the cov- the 4 fiscal years thereafter, there is author- ordination plans under subparagraph (D); ered programs, in order to achieve digital eq- ized to be appropriated to the Office of In- and uity. spector General for the Department of Com- (bb) the community engagement and out- (c) CONSULTATION AND PUBLIC ENGAGE- merce $1,000,000 for audits and oversight of reach activities required under subparagraph MENT.—In carrying out subsection (a), and to funds made available to carry out this chap- (E); and further the objectives described in para- ter, which shall remain available until ex- (II) perform fair housing planning. graphs (1) and (2) of subsection (b), the As- pended. (B) ACTIVITIES DEDICATED TO HIGH-POVERTY sistant Secretary shall conduct ongoing col- Subtitle B—Affordable Housing and Commu- AREAS.— laboration and consult with— nity Investments and Restoring Fair Hous- (i) IN GENERAL.—Activities funded from (1) the Secretary of Agriculture; ing Protections amounts made available under this para- (2) the Secretary of Housing and Urban De- graph shall be conducted in, or for the ben- velopment; SEC. 5201. AFFORDABLE HOUSING AND COMMU- efit of residents of and businesses located (3) the Secretary of Education; NITY INVESTMENTS AND RESTORING FAIR HOUSING PROTECTIONS. in— (4) the Secretary of Labor; (I) a high-poverty area; or (a) DEFINITIONS.—In this section: (5) the Secretary of Health and Human (II) a sub-area within a high-poverty area (1) CONSOLIDATED PLAN.—The term ‘‘con- Services; that also has a poverty rate of not less than solidated plan’’ means a comprehensive (6) the Secretary of Veterans Affairs; 20 percent. housing affordability strategy and commu- (7) the Secretary of the Interior; (ii) EXCEPTION FOR AFFORDABLE HOUSING.— nity development plan required under part 91 (8) the Commission; Housing activities funded from amounts of title 24, Code of Federal Regulations, or (9) the Federal Trade Commission; made available under this paragraph to cre- any successor regulation. (10) the Director of the Institute of Mu- ate, acquire, or renovate housing affordable (2) DEPARTMENT.—The term ‘‘Department’’ seum and Library Services; to households with incomes at or below 80 means the Department of Housing and Urban (11) the Administrator of the Small Busi- percent of area median income, as defined by Development. ness Administration; the Secretary, may be conducted in or for (3) HIGH-POVERTY AREA.—The term ‘‘high- (12) the Federal Co-Chair of the Appa- the benefit of those households throughout poverty area’’ means a census tract with a lachian Regional Commission; the jurisdiction. poverty rate of not less than 20 percent for (13) State agencies and governors of States (C) DISPLACEMENT PREVENTION PLAN.—Each the duration of the 5-year period ending on (or equivalent officials); grantee of funds made available under this the date of enactment of this Act. (14) entities serving as administering enti- paragraph shall develop a plan, to be in- (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ ties for States under section 5144(b); cluded within the amended consolidated plan has the meaning given the term in section 4 (15) national, State, Tribal, and local orga- of the grantee, to prevent displacement of of the Native American Housing Assistance nizations that provide digital inclusion, dig- existing residents and businesses, which and Self-Determination Act of 1996 (25 U.S.C. ital equity, or digital literacy services; shall— 4103). (16) researchers, academics, and philan- (i) provide an analysis of whether new in- (5) PUBLIC HOUSING; PUBLIC HOUSING AGEN- thropic organizations; and vestments from funds made available under CY.—The terms ‘‘public housing’’ and ‘‘public (17) other agencies, organizations (includ- this paragraph or other factors related to housing agency’’ have the meanings given ing international organizations), entities (in- these investments would lead to the dis- those terms in section 3(b) of the United cluding entities with expertise in the fields placement of existing homeowners, renters, States Housing Act of 1937 (42 U.S.C. of data collection, analysis and modeling, or businesses in high-poverty areas or areas 1437a(b)). and evaluation), and community stake- adjacent to high-poverty areas; and (6) SECRETARY.—The term ‘‘Secretary’’ holders, as determined appropriate by the (ii) outline strategies that the grantee will means the Secretary of Housing and Urban Assistant Secretary. implement to monitor and to prevent the Development. (d) TECHNICAL SUPPORT AND ASSISTANCE.— displacement described in clause (i) and to The Assistant Secretary shall provide tech- (7) TRIBALLY DESIGNATED HOUSING ENTITY.— ensure the future availability of housing af- nical support and assistance, assistance to The term ‘‘tribally designated housing enti- fordable to low- and moderate-income house- entities to prepare the applications of those ty’’ has the meaning given the term in sec- holds in investment areas. entities with respect to grants awarded tion 4 of the Native American Housing As- (D) COORDINATION WITH OTHER FEDERAL under the covered programs, and other re- sistance and Self-Determination Act of 1996 FUNDS AND GRANTEES.—Each grantee of funds sources, to the extent practicable, to ensure (25 U.S.C. 4103). made available under this paragraph shall consistency in data reporting and to meet (b) INVESTMENTS IN AFFORDABLE HOUSING, develop a plan, to be included within the the objectives of this section. FAIR HOUSING, AND COMMUNITY DEVELOP- amended consolidated plan of the grantee, (e) AUTHORIZATION OF APPROPRIATIONS.— MENT.— that shall discuss how the grantee plans to There are authorized to be appropriated such (1) COMMUNITY DEVELOPMENT BLOCK GRANT coordinate the expenditures of the grantee sums as may be necessary to carry out this PROGRAM.— under this paragraph with— section, which shall remain available until (A) APPROPRIATIONS.— (i) any other grant funds the grantee will expended. (i) IN GENERAL.—There is appropriated to receive under this Act; SEC. 5147. GENERAL PROVISIONS. the Secretary, out of amounts in the Treas- (ii) any other Federal grants or other as- (a) NONDISCRIMINATION.— ury not otherwise appropriated, sistance available to the grantee that could (1) IN GENERAL.—No individual in the $15,000,000,000 for assistance under the com- be used to further the purposes of this sec- United States may, on the basis of actual or munity development block grant program tion; perceived race, color, religion, national ori- under title I of the Housing and Community (iii) the efforts of other grantees operating gin, sex, gender identity, sexual orientation, Development Act of 1974 (42 U.S.C. 5301 et within the jurisdiction of the grantee, in- age, or disability, be excluded from partici- seq.), to remain available until September cluding technical assistance providers, to pation in, be denied the benefits of, or be 30, 2024. further the purposes of this section; and subjected to discrimination under any pro- (ii) LIMITATIONS.—Not more than 15 per- (iv) tax credits available to households gram or activity that is funded in whole or cent of any amounts made available pursu- under this section. in part with funds made available under this ant to clause (i) may be used by a grantee for (E) ENHANCED COMMUNITY ENGAGEMENT AND chapter. administrative and planning costs, except SECTION 3 OUTREACH.— (2) ENFORCEMENT.—The Assistant Sec- that up to an additional 5 percent may be (i) IN GENERAL.—In developing the required retary shall effectuate paragraph (1) with re- used to— amendment to the consolidated plan of a spect to any program or activity described in (I) support local initiatives, policies, pro- grantee describing the use of funds by a that paragraph by issuing regulations and grams, and ordinances that support the cre- grantee under this paragraph, the grantee taking actions consistent with section 602 of ation of housing affordable to households shall conduct additional outreach to solicit the Civil Rights Act of 1964 (42 U.S.C. 2000d– with incomes at or below 80 percent of area comment from— 1). median income, as defined by the Secretary, (I) organizations with experience in fair (3) JUDICIAL REVIEW.—Judicial review of an throughout the jurisdiction served by the housing; action taken by the Assistant Secretary grantee; or (II) organizations with experience in af- under paragraph (2) shall be available to the (II) support the community engagement fordable housing; extent provided in section 603 of the Civil and outreach activities required under sub- (III) organizations providing services for Rights Act of 1964 (42 U.S.C. 2000d–2). paragraph (E). persons with disabilities; (b) TECHNOLOGICAL NEUTRALITY.—The As- (iii) TECHNICAL ASSISTANCE.—Of the (IV) homelessness service organizations; sistant Secretary shall, to the extent prac- amounts appropriated under clause (i), (V) housing counseling organizations; ticable, carry out this chapter in a techno- $25,000,000 shall be used for technical assist- (VI) organizations providing culturally logically neutral manner. ance to grantees of funds made available competent services for underserved popu- (c) AUDIT AND OVERSIGHT.—Beginning in under this paragraph to— lations or populations with limited English the first fiscal year in which amounts are (I) support— proficiency; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7770 CONGRESSIONAL RECORD — SENATE December 18, 2020 (VII) residents of and small businesses in viduals at risk of homelessness or provide oversight of the public housing agency to en- high-poverty areas in the jurisdiction served such services in neighborhoods with high sure that any amounts provided are used in by the grantee. concentrations of minority and low-income accordance with this paragraph and any ap- (ii) SECTION 3.—Each grantee of funds made homeowners, renters, individuals experi- plicable laws, including fair housing laws. available under this paragraph shall conduct encing homelessness, and individuals at risk (F) ENERGY EFFICIENCY AND RESILIENCE.— outreach to residents of public housing and of homelessness. Each grantee of funds made available under other persons eligible to participate in the (ii) DISBURSEMENT.— this paragraph shall— job training and employment opportunities (I) IN GENERAL.—The Corporation shall dis- (i) ensure that housing renovation and new provided under section 3 of the Housing and burse all grant funds described in subpara- construction activities funded under this Urban Development Act of 1968 (12 U.S.C. graph (A)(v) as expeditiously as possible, paragraph create or improve water and en- 1701u) and relevant community organizations through grants to housing counseling inter- ergy efficiency of the applicable housing and, representing and working with those persons mediaries approved by the Department of at the discretion of the Secretary, utilize to enhance awareness of job training and em- Housing and Urban Development, State other strategies to reduce emissions and en- ployment opportunities provided under that housing finance agencies, and ergy costs; and section that may become available due to ac- NeighborWorks organizations. (ii) ensure that housing investments incor- tivities funded under this paragraph. (II) LIMITATION.—The aggregate amount porate features necessary to create or im- (F) ENERGY EFFICIENCY AND RESILIENCE.— provided to NeighborWorks organizations Each grantee of funds made available under under this subsection shall not exceed 15 per- prove resilience to natural disasters, or man- this paragraph shall— cent of the total grant funds made available made disasters exacerbated by extreme (i) ensure that housing renovation and new pursuant to this paragraph. weather conditions, as applicable to the area construction activities funded under this (3) PUBLIC HOUSING CAPITAL FUND.— in which the housing is located. paragraph create or improve water and en- (A) APPROPRIATIONS.—There is appro- (G) OVERSIGHT AND ADMINISTRATION.—Of ergy efficiency of the applicable housing and, priated to the Secretary, out of amounts in the funds made available under this para- at the discretion of the Secretary, utilize the Treasury not otherwise appropriated, graph, not more than 0.5 percent shall be other strategies to reduce emissions and en- $15,000,000,000 for the Capital Fund under sec- available to the Secretary for staffing, train- ergy costs; and tion 9(d) of the United States Housing Act of ing, technical assistance, technology, moni- (ii) ensure that housing and infrastructure 1937 (42 U.S.C. 1437g(d)), to remain available toring, travel, enforcement, research, and investments incorporate features necessary until September 30, 2024. evaluation activities. to create or improve resilience to natural (B) REQUIREMENTS.—The Secretary shall— (4) CHOICE NEIGHBORHOODS INITIATIVE disasters, or man-made disasters exacerbated (i) not later than 30 days after the date of GRANTS.— by extreme weather conditions, as applicable enactment of this Act, distribute not less (A) APPROPRIATIONS.— to the area in which the investments are lo- than 70 percent of amounts appropriated (i) IN GENERAL.—There is appropriated to cated. under subparagraph (A) under the same for- the Secretary, out of amounts in the Treas- (G) OVERSIGHT AND ADMINISTRATION.—Of mula used for amounts made available for ury not otherwise appropriated, $1,000,000,000, the funds made available under this para- the Capital Fund for fiscal year 2020, except to remain available until September 30, 2025, graph, not more than 0.5 percent shall be that the Secretary may determine not to al- for grants provided under the terms provided available to the Secretary for staffing, train- locate funding to public housing agencies under the heading ‘‘Choice Neighborhoods ing, technical assistance, technology, moni- that are designated as troubled at the time Initiative’’ of title II of the Transportation, toring, travel, enforcement, research, and of such determination or to public housing Housing and Urban Development, and Re- evaluation activities. agencies that elect not to accept such fund- lated Agencies Appropriations Act, 2020 (2) TECHNICAL ASSISTANCE.— ing, or both, and provided that public hous- (Public Law 116–94), of which not less than (A) IN GENERAL.—There is appropriated to ing agencies prioritize— $650,000,000 shall be awarded to public hous- the Secretary, out of amounts in the Treas- (I) urgent health and safety concerns, in- ing agencies and of which not more than ury not otherwise appropriated, $100,000,000, cluding lead hazards, carbon monoxide, $20,000,000 may be awarded for grants to un- to remain available until September 30, 2024, radon, and other issues; dertake comprehensive local planning efforts for housing and community development (II) work items in the existing 5-year cap- in consultation with residents and the com- technical assistance to assist communities ital plan of the public housing agency; munity. and community-based organizations to en- (III) energy efficiency; and (ii) PRIORITY TO PRIOR YEAR FINALISTS.—In sure the timely and effective deployment of (IV) the renovation of vacant units; and making awards using funds made available funds made available under this subsection (ii) not later than 270 days after the date of under this paragraph, the Secretary— and promote equitable community develop- enactment of this Act, make available all re- (I) shall prioritize applicants that were ment, including— maining amounts under this paragraph by designated as finalists in fiscal year 2018, (i) $40,000,000 for the second, third, and competition for priority investments, includ- 2019, or 2020 in Choice Neighborhoods Imple- fourth capacity building activities author- ing investments that address— mentation Grant competitions but have not ized under section 4(a) of the HUD Dem- (I) lead hazards, carbon monoxide, radon, yet received an award in subsequent grant onstration Act of 1993 (42 U.S.C. 9816 note), of and other urgent health and safety concerns; rounds; and which not less than $5,000,000 shall be made (II) energy efficiency and resilience; available for rural capacity building activi- (III) the renovation of vacant units; and (II) may establish a streamlined applica- ties; (IV) such other priorities as the Secretary tion process for the applicants described in (ii) $10,000,000 for capacity building by na- may identify. subclause (I) that is designed to ensure that tional rural housing organizations with expe- (C) LIMITATION.—Amounts made available previous finalist plans remain viable and rience assessing national rural conditions under this paragraph may not be used for op- have been the subject of a recent public hear- and providing financing, training, technical erating costs under section 9(d) of the Hous- ing, in addition to such other information assistance, information, and research to ing Act of 1937 (42 U.S.C. 1437g(d)) other than the Secretary may require. local nonprofit organizations, local govern- costs related to the provision of broadband (B) SECTION 3 OUTREACH.—Each grantee of ments, and Indian Tribes serving high-need internet access within public housing prop- funds made available under this paragraph rural communities; erties. shall conduct outreach to residents of public (iii) $10,000,000 for the Self-Help Homeown- (D) SECTION 3 OUTREACH.—Each grantee of housing and other persons eligible to partici- ership Opportunity Program authorized funds made available under this paragraph pate in the job training and employment op- under section 11 of the Housing Opportunity shall conduct outreach to residents of public portunities provided under section 3 of the Program Extension Act of 1996 (42 U.S.C. housing and other persons eligible to partici- Housing and Urban Development Act of 1968 12805 note); pate in the job training and employment op- (12 U.S.C. 1701u) and relevant community or- (iv) $10,000,000 for fair housing education portunities provided under section 3 of the ganizations representing and working with and outreach initiative grants; and Housing and Urban Development Act of 1968 those persons to enhance awareness of job (v) $30,000,000 for the Neighborhood Rein- (12 U.S.C. 1701u) and relevant community or- training and employment opportunities pro- vestment Corporation (in this subsection re- ganizations representing and working with vided under that section that may become ferred to as the ‘‘Corporation’’) established those persons to enhance awareness of job available due to activities funded under this under the Neighborhood Reinvestment Cor- training and employment opportunities pro- paragraph. poration Act (42 U.S.C. 8101 et seq.) for hous- vided under that section that may become (C) ENERGY EFFICIENCY AND RESILIENCE.— ing counseling services. available due to activities funded under this Each grantee of funds made available under (B) DISBURSEMENT OF CORPORATION paragraph. this paragraph shall— FUNDS.— (E) MONITORING OF TROUBLED PUBLIC HOUS- (i) ensure that housing renovation and new (i) PRIORITY.—Not less than 40 percent of ING AGENCIES.—With respect to any public construction activities funded under this amounts described in subparagraph (A)(v) housing agency that is designated as trou- paragraph create or improve water and en- shall be provided to counseling organizations bled at the time that amounts appropriated ergy efficiency of the applicable housing and, that target counseling services to minority pursuant to this paragraph are obligated for at the discretion of the Secretary, utilize and low-income homeowners, renters, indi- the public housing agency, the Secretary other strategies to reduce emissions and en- viduals experiencing homelessness, and indi- shall provide additional monitoring and ergy costs; and

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(ii) ensure that housing investments incor- toring, travel, enforcement, research, and (D) OVERSIGHT AND ADMINISTRATION.—Of porate features necessary to create or im- evaluation activities. the funds made available under this para- prove resilience to natural disasters, or man- (6) HOME INVESTMENT PARTNERSHIPS PRO- graph, not more than 0.5 percent shall be made disasters exacerbated by extreme GRAM.— available to the Secretary for staffing, train- weather conditions, as applicable to the area (A) APPROPRIATIONS.—There is appro- ing, technical assistance, technology, moni- in which the housing is located. priated to the Secretary, out of amounts in toring, travel, enforcement, research, and (D) OVERSIGHT AND ADMINISTRATION.—Of the Treasury not otherwise appropriated, evaluation activities. the funds made available under this para- $5,000,000,000 for carrying out the HOME In- (8) CAPITAL MAGNET FUND.— graph, not more than 0.5 percent shall be vestment Partnerships Program under title (A) APPROPRIATIONS.—There is appro- available to the Secretary for staffing, train- II of the Cranston-Gonzalez National Afford- priated to the Secretary of the Treasury, out ing, technical assistance, technology, moni- able Housing Act (42 U.S.C. 12721 et seq.), to of amounts in the Treasury not otherwise toring, travel, enforcement, research, and remain available until September 30, 2024. appropriated, for the Capital Magnet Fund evaluation activities. (B) SECTION 3 OUTREACH.—Each grantee of under section 1339 of the Federal Housing (5) NATIVE AMERICAN HOUSING AND COMMU- funds made available under this paragraph Enterprises Financial Safety and Soundness NITY DEVELOPMENT GRANTS.— shall conduct outreach to residents of public Act of 1992 (12 U.S.C. 4569) $1,400,000,000, to housing and other persons eligible to partici- (A) APPROPRIATIONS.—There is appro- remain available until expended. pate in the job training and employment op- priated to the Secretary, out of amounts in (B) ENERGY EFFICIENCY AND RESILIENCE.— the Treasury not otherwise appropriated, portunities provided under section 3 of the Each grantee of funds made available under Housing and Urban Development Act of 1968 $1,500,000,000 to remain available until Sep- this paragraph shall— (12 U.S.C. 1701u) and relevant community or- tember 30, 2024, for Native American, Alaska (i) ensure that housing renovation and new ganizations representing and working with Native, and Native Hawaiian housing and construction activities funded under this those persons to enhance awareness of job community development activities, of paragraph create or improve water and en- training and employment opportunities pro- which— ergy efficiency of the applicable housing and, vided under that section that may become (i) $960,000,000 shall be available to carry at the discretion of the Secretary, utilize available due to activities funded under this out the Native American housing block other strategies to reduce emissions and en- paragraph. grant program under title I of the Native ergy costs; and (C) ENERGY EFFICIENCY AND RESILIENCE.— American Housing Assistance and Self-De- Each grantee of funds made available under (ii) ensure that housing and infrastructure termination Act of 1996 (25 U.S.C. 4111 et this paragraph shall— investments incorporate features necessary seq.); (i) ensure that housing renovation and new to create or improve resilience to natural (ii) $10,000,000 shall be available for pro- construction activities funded under this disasters, or man-made disasters exacerbated viding training and technical assistance to paragraph create or improve water and en- by extreme weather conditions, as applicable Indian Tribes, Indian housing authorities, ergy efficiency of the applicable housing and, to the area in which the investments are lo- and tribally designated housing entities to at the discretion of the Secretary, utilize cated. support activities under this title; other strategies to reduce emissions and en- (C) OVERSIGHT AND ADMINISTRATION.—Of (iii) $30,000,000 shall be available to carry ergy costs; and the funds made available under this para- out the Native Hawaiian housing block grant (ii) ensure that housing investments incor- graph, not more than 0.5 percent shall be program under title VIII of the Native Amer- porate features necessary to create or im- available to the Secretary of the Treasury ican Housing Assistance and Self-Determina- prove resilience to natural disasters, or man- for staffing, training, technical assistance, tion Act of 1996 (25 U.S.C. 4221 et seq.); and made disasters exacerbated by extreme technology, monitoring, travel, enforcement, (iv) $500,000,000 shall be available for grants weather conditions, as applicable to the area research, and evaluation activities. to Indian Tribes for carrying out the Indian in which the housing is located. (9) REMOVAL OF LEAD HAZARDS AND PRO- community development block grant pro- (D) OVERSIGHT AND ADMINISTRATION.—Of MOTING HEALTHY HOUSING.— gram under title I of the Housing and Com- the funds made available under this para- (A) APPROPRIATIONS.—There is appro- munity Development Act of 1974 (42 U.S.C. graph, not more than 0.5 percent shall be priated to the Secretary, out of amounts in 5301 et seq.), notwithstanding section available to the Secretary for staffing, train- the Treasury not otherwise appropriated, 106(a)(1) of such Act (42 U.S.C. 5306(a)(1)). ing, technical assistance, technology, moni- $6,000,000,000 for lead hazard control and (B) REQUIREMENTS.—The Secretary shall— toring, travel, enforcement, research, and healthy housing, to remain available until (i) not later than 30 days after the date of evaluation activities. September 30, 2024, of which— enactment of this Act, distribute not less (7) HOUSING TRUST FUND.— (i) $2,500,000,000 shall be for the lead hazard than 50 percent of amounts appropriated (A) APPROPRIATIONS.—There is appro- reduction program, as authorized by section under clause (i) of subparagraph (A) under priated to the Secretary, out of amounts in 1011 of the Residential Lead-Based Paint the same formula used for amounts made the Treasury not otherwise appropriated, for Hazard Reduction Act of 1992 (42 U.S.C. 4852); available for the program described in that the Housing Trust Fund under section 1338 of (ii) $1,500,000,000 shall be for grants pursu- subparagraph for fiscal year 2020, except that the Federal Housing Enterprises Financial ant to section 1011 of the Residential Lead- the Secretary may determine not to allocate Safety and Soundness Act of 1992 (12 U.S.C. Based Paint Hazard Reduction Act of 1992 (42 funding to tribally designated housing enti- 4568) $4,000,000,000, to remain available until U.S.C. 4852), which shall be provided to areas ties that elect not to accept such funding; expended. with the highest lead-based paint abatement and (B) SECTION 3 OUTREACH.—Each grantee of needs; and (ii) not later than 270 days after the date of funds made available under this paragraph (iii) $2,000,000,000 shall be for the Healthy enactment of this Act, make available all re- shall conduct outreach to residents of public Homes Initiative, pursuant to sections 501 maining amounts under this paragraph by housing and other persons eligible to partici- and 502 of the Housing and Urban Develop- competition for priority investments, includ- pate in the job training and employment op- ment Act of 1970 (12 U.S.C. 1701z–1, 1701z–2), ing urgent health and safety concerns, and portunities provided under section 3 of the which shall include research, studies, test- such other priorities as the Secretary may Housing and Urban Development Act of 1968 ing, and demonstration efforts, including identify. (12 U.S.C. 1701u) and relevant community or- education and outreach concerning devel- (C) ENERGY EFFICIENCY AND RESILIENCE.— ganizations representing and working with oping best practices relating to lead-based Each grantee of funds made available under those persons to enhance awareness of job paint poisoning and other housing related this paragraph shall— training and employment opportunities pro- diseases and hazards. (i) ensure that housing renovation and new vided under that section that may become (B) DEMONSTRATION GRANTS.—Of amounts construction activities funded under this available due to activities funded under this made available under subparagraph (A), the paragraph create or improve water and en- paragraph. Secretary may utilize up to $500,000,000 for ergy efficiency of the applicable housing and, (C) ENERGY EFFICIENCY AND RESILIENCE.— demonstration projects designed to develop at the discretion of the Secretary, utilize Each grantee of funds made available under or test best practices with regard to the pro- other strategies to reduce emissions and en- this paragraph shall— vision of healthy housing, including— ergy costs; and (i) ensure that housing renovation and new (i) eliminating lead-paint hazards in high- (ii) ensure that housing and infrastructure construction activities funded under this risk geographic areas and households with investments incorporate features necessary paragraph create or improve water and en- children at high risk of lead paint poisoning; to create or improve resilience to natural ergy efficiency of the applicable housing and, (ii) community-wide strategies to elimi- disasters, or man-made disasters exacerbated at the discretion of the Secretary, utilize nate lead hazards in housing; by extreme weather conditions, as applicable other strategies to reduce emissions and en- (iii) in coordination with local water sys- to the area in which the investments are lo- ergy costs; and tems and the Administrator of the Environ- cated. (ii) ensure that housing investments incor- mental Protection Agency, eliminating lead (D) OVERSIGHT AND ADMINISTRATION.—Of porate features necessary to create or im- services lines in federally assisted housing or the funds made available under this para- prove resilience to natural disasters, or man- housing owned or rented by low-income graph, not more than 0.5 percent shall be made disasters exacerbated by extreme households; available to the Secretary for staffing, train- weather conditions, as applicable to the area (iv) programs to coordinate lead and health ing, technical assistance, technology, moni- in which the housing is located. hazard removal with weatherization, energy

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efficiency, or ventilation improvement pro- Register a notice for public comment relat- (1) ESEA TERMS.—The terms ‘‘elementary grams or strategies; ing to establishing a fair housing assessment school’’, ‘‘other staff’’, ‘‘outlying area’’, (v) lead hazard and healthy housing work- tool for use by public housing agencies; and ‘‘secondary school’’, ‘‘specialized instruc- force development, including in rural com- (II) not later than 180 days after the date of tional support personnel’’, and ‘‘State edu- munities; and enactment of this Act, publish on the cational agency’’ have the meanings given to (vi) other demonstrations as identified by website of the Department and make avail- those terms in section 8101 of the Elemen- the Secretary. able to public housing agencies a final fair tary and Secondary Education Act of 1965 (20 (10) RURAL MULTIFAMILY PRESERVATION AND housing assessment tool. U.S.C. 7801). REVITALIZATION DEMONSTRATION PROGRAM.— (iii) STATE GOVERNMENTS.—The Secretary (2) BUREAU-FUNDED SCHOOL.—The term (A) APPROPRIATIONS.—There is appro- shall— ‘‘Bureau-funded school’’ has the meaning priated to the Secretary of Agriculture, out (I) not later than 120 days after the date of given to that term in section 1141 of the Edu- of amounts in the Treasury not otherwise enactment of this Act, publish in the Federal cation Amendments of 1978 (25 U.S.C. 2021). appropriated, $1,000,000,000, for carrying out Register a notice for public comment relat- (3) COVERED FUNDS.—The term ‘‘covered the Multifamily Preservation and Revital- ing to establishing a fair housing assessment funds’’ means funds received by a State or ization Demonstration program of the Rural tool for use by State governments; and qualified local educational agency under this Housing Service authorized under sections (II) not later than 210 days after the date of chapter. 514, 515, and 516 of the Housing Act of 1949 (42 enactment of this Act, publish on the (4) HIGH-NEED SCHOOL.—The term ‘‘high- U.S.C. 1484, 1485, 1486), to remain available website of the Department and make avail- need school’’ has the meaning given to that until September 30, 2024. able to State governments a final fair hous- term in section 200 of the Higher Education (B) ENERGY EFFICIENCY AND RESILIENCE.— ing assessment tool. Act of 1965 (20 U.S.C. 1021). Each grantee of funds made available under (2) REPEAL OF DISPARATE IMPACT REGULA- (5) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ this paragraph shall— TION.—The final rule issued by the Depart- (i) ensure that housing renovation and new ment entitled ‘‘HUD’s Implementation of the has the meaning given to that term, without construction activities funded under this Fair Housing Act’s Disparate Impact Stand- regard to capitalization, in section 4 of the paragraph create or improve water and en- ard’’ (85 Fed. Reg. 60288 (September 24, 2020)) Indian Self-Determination and Education ergy efficiency of the applicable housing and, shall have no force or effect. Act (25 U.S.C. 5304). (6) LOCAL EDUCATIONAL AGENCY.—The term at the discretion of the Secretary of Agri- (3) REPEAL OF OCC COMMUNITY REINVEST- culture, utilize other strategies to reduce MENT ACT REGULATION.—The final rule issued ‘‘local educational agency’’ has the meaning emissions and energy costs; and by the Office of the Comptroller of the Cur- given to that term in section 8101 of the Ele- (ii) ensure that housing investments incor- rency entitled ‘‘Community Reinvestment mentary and Secondary Education Act of porate features necessary to create or im- Act Regulations’’ (85 Fed. Reg. 34734 (June 5, 1965 (20 U.S.C. 7801) except that such term prove resilience to natural disasters, or man- 2020)) shall have no force or effect. does not include a Bureau-funded school. made disasters exacerbated by extreme (e) FINANCIAL INSTITUTIONS.— (7) OPERATIONS AND MAINTENANCE OF weather conditions, as applicable to the area (1) IN GENERAL.—All persons shall be enti- SCHOOL FACILITIES.—The term ‘‘operations in which the housing is located. tled to the full and equal enjoyment of the and maintenance of school facilities’’ means (C) OVERSIGHT AND ADMINISTRATION.—Of goods, services, facilities, privileges, and ac- annual activities related to keeping— the funds made available under this para- commodations of any financial institution, (A) school buildings operational, safe for graph, not more than 0.5 percent shall be as defined in section 803 of the Payment, use, and free from health and safety hazards; available to the Secretary of Agriculture for Clearing, and Settlement Supervision Act of or staffing, training, technical assistance, tech- 2010 (12 U.S.C. 5462), without discrimination (B) school grounds, school buildings, and nology, monitoring, travel, enforcement, re- on the ground of race, color, religion, na- school equipment in an effective working search, and evaluation activities. tional origin, and sex (including sexual ori- condition. (c) REPEAL OF FAIRCLOTH AMENDMENT.— entation and gender identity). (8) PUBLIC SCHOOL FACILITIES.—The term Section 9(g) of the United States Housing (2) PRIVATE RIGHT OF ACTION.— ‘‘public school facilities’’ means the facili- Act of 1937 (42 U.S.C. 1437g(g)) is amended by (A) IN GENERAL.—Whenever any person has ties of a public elementary school or a public striking paragraph (3). engaged or there are reasonable grounds to secondary school, including outdoor facili- (d) RESTORING FAIR HOUSING PROTEC- believe that any person is about to engage in ties and grounds. TIONS.— any act or practice prohibited by paragraph (9) QUALIFIED LOCAL EDUCATIONAL AGEN- (1) AFFIRMATIVELY FURTHERING FAIR HOUS- (1), a civil action for preventive relief, in- CY.—The term ‘‘qualified local educational ING.— cluding an application for a permanent or agency’’ means a local educational agency (A) PUBLIC INFORMATION AND TRANS- temporary injunction, restraining order, or that— PARENCY.— other order, may be instituted by the person (A) receives funds under part A of title I of (i) IN GENERAL.—Not later than 30 days aggrieved. after the date of enactment of this Act, the the Elementary and Secondary Education (B) COSTS.—In any action commenced pur- Secretary shall reestablish and publish in a Act of 1965 (20 U.S.C. 6311 et seq.); suant to this subsection, the court, in its dis- publicly accessible manner on the website of (B) is among the local educational agencies cretion, may allow the prevailing party, the Department the Affirmatively Fur- in the State with the highest numbers or other than the United States, a reasonable thering Fair Housing Data and Mapping Tool percentages of students counted under sec- attorney’s fee as part of the costs, and the (AFFH–T), which was previously available on tion 1124(c) of such Act (20 U.S.C. 6333(c)); United States shall be liable for costs the the website of the Department. (C) agrees to prioritize the improvement of same as a private person. (ii) UPDATES.—In reestablishing and pub- the facilities of high-need schools; and (C) JURISDICTION.—The district courts of lishing the tool described in clause (i), the (D) may be among the local educational the United States shall have jurisdiction of Secretary shall update the tool for the most agencies in the State— proceedings instituted pursuant to this sub- recent data available, and subsequently up- (i) where the conditions of such agency’s section and shall exercise the same without date the tool not less frequently than annu- public school facilities disrupt the learning regard to whether the aggrieved party shall ally. environment and put students, families, edu- have exhausted any administrative or other (B) REPEAL OF REGULATION.—The final rule cators, and other staff at health and safety remedies that may be provided by law. issued by the Department entitled ‘‘Pre- risk, such as due to proximity to toxic sites (D) EXCLUSIVE MEANS.—The remedies pro- serving Community and Neighborhood (including point sources of pollution, envi- vided in this subsection shall be the exclu- Choice’’ (85 Fed. Reg. 47899 (August 7, 2020)) ronmental degradation, or brownfield sites) sive means of enforcing the rights based on shall have no force or effect. or the vulnerability of such facilities to nat- this subsection, but nothing in this section (C) ASSESSMENT TOOLS.— ural disasters; or shall preclude any individual or any State or (i) LOCAL GOVERNMENTS.—The Secretary (ii) with the most limited capacity to raise local agency from asserting any right based shall— funds for the long-term improvement of pub- on any other Federal or State law not incon- (I) not later than 30 days after the date of lic school facilities, as determined by an as- sistent with this subsection, including any enactment of this Act, publish in the Federal sessment of— statute or ordinance requiring non- Register a notice for public comment relat- (I) the current and historic ability of such discrimination in goods, services, facilities, ing to establishing a fair housing assessment agency to secure funds for construction, ren- privileges, and accommodations of any fi- tool for use by local governments; and ovation, modernization, and major repair nancial institution, or from pursuing any (II) not later than 150 days after the date of projects for schools; remedy, civil or criminal, which may be enactment of this Act, publish on the (II) whether such agency has been able to available for the vindication or enforcement website of the Department and make avail- issue bonds or receive other funds (such as of such right. able to local governments a final fair hous- developer impact fees or access to private fi- ing assessment tool. Subtitle C—School, Library, and Institution nancing) to support school construction (ii) PUBLIC HOUSING AGENCIES.—The Sec- Infrastructure projects; retary shall— CHAPTER 1—SCHOOL INFRASTRUCTURE (III) the bond rating of such agency; or (I) not later than 90 days after the date of SEC. 5301. DEFINITIONS. (IV) the burden of debt carried by such enactment of this Act, publish in the Federal In this chapter: agency.

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(10) SCHOOL FACILITIES CAPITAL OUTLAY (A) SPECIAL RULES FOR OUTLYING AREAS.— the Secretary shall make the allocations re- PROJECTS.—The term ‘‘school facilities cap- (i) APPLICABILITY.—Funds reserved under quired under paragraph (1). ital outlay projects’’ means the planning, de- paragraph (1)(A) shall be used in accordance (c) ALLOCATION TO STATES.— sign, construction, renovation, repair, man- with sections 5304 through 5308. (1) ALLOCATION OF FUNDING.—From the agement, and financing of school facilities (ii) ALLOCATION TO OUTLYING AREAS.—From funds appropriated under section 5209 for any projects with a life expectancy of at least 10 the amount reserved under paragraph (1)(A) fiscal year and remaining after the Sec- years. School facilities capital outlay for a fiscal year, the Secretary, in consulta- retary makes reservations under subsection projects do not include operations and main- tion with the Secretary of the Interior, shall (b), the Secretary shall allot to each State tenance of school facilities. allocate to each outlying area an amount in that has a plan approved by the Secretary (11) SECRETARY.—The term ‘‘Secretary’’ proportion to the amount received by the under paragraph (3), an amount that is the means the Secretary of Education. outlying area under part A of title I of the same proportion as each State received (12) STATE.—The term ‘‘State’’ means each Elementary and Secondary Act of 1965 (20 under part A of title I of the Elementary and of the 50 States, the District of Columbia, U.S.C. 6311 et seq.) for the previous fiscal Secondary Education Act of 1965 (20 U.S.C. and the Commonwealth of Puerto Rico. year, relative to the total such amount re- 6311 et seq.) for the preceding fiscal year. (13) STATE SCHOOL FACILITIES AGENCY.—The ceived by all outlying areas for such previous (2) STATE RESERVATION.— term‘‘ State school facilities agency’’ means fiscal year. (A) IN GENERAL.—A State shall reserve not the State educational agency or other public (B) SPECIAL RULES FOR BUREAU-FUNDED more than 5 percent of its allocation under agency designated by the State educational SCHOOLS.— paragraph (1) to carry out the State’s school agency with the responsibility for admin- (i) CONSULTATION.— facilities agency’s responsibilities under this istering the program under section 5303(d) (I) IN GENERAL.—Not later than 90 days Act, which— and for supporting school facilities capital after receiving funds under paragraph (1)(B), (i) shall include— outlay projects. the Secretary of the Interior shall initiate a (I) providing technical assistance to local (14) TRIBAL ORGANIZATION.—The term consultation with Indian Tribes to determine educational agencies, including by— ‘‘Tribal organization’’ has the meaning given whether assistance provided to Bureau-fund- (aa) identifying which State and local pub- that term, without regard to capitalization, ed schools under paragraph (1)(B) shall be ad- lic agencies have programs, resources, and in section 4 of the Indian Self-Determination ministered— expertise relevant to the activities supported and Education Act (25 U.S.C. 5304). (aa) in accordance with requirements spec- by the allocation under this section; and (bb) coordinating the provision of tech- (15) ZERO ENERGY SCHOOL.—The term ‘‘zero ified in this chapter (under which, the Sec- energy school’’ means a public elementary retary of the Interior would operate under nical assistance across such agencies; (II) in accordance with the guidance issued school or public secondary school that— the same requirements set forth for States by the Secretary under section 5302 and the (A) generates renewable energy on-site; under this chapter, and Bureau-funded requirements under subparagraph (B), devel- and schools would operate under the same re- oping and operating an online, publicly (B) on an annual basis, exports an amount quirements as qualified local educational searchable database that contains an inven- of such renewable energy that equals or ex- agencies); or tory of the infrastructure of all public school ceeds the total amount of renewable energy (bb) through existing infrastructure pro- facilities in the State; that is delivered to the school from outside grams administered by the Secretary of the Interior. (III) issuing or reviewing standards, regula- sources. (II) FLEXIBILITY.—If the outcome of this tions, or plans to ensure safe, healthy, and SEC. 5302. DEVELOPMENT OF DATA STANDARDS. consultation is to operate a program in ac- high-performing school buildings that ad- (a) DATA STANDARDS.—Not later than 120 cordance with this chapter, as described in dress— days after the date of the enactment of this subclause (I)(aa), the Secretary of the Inte- (aa) indoor air quality and ventilation chapter, the Secretary, in consultation with rior shall have the authority, in further con- issues, including exposure to airborne patho- the Federal officials described in subsection sultation with officials from Indian Tribes gens, carbon monoxide, carbon dioxide, lead- (b), shall— and Tribal organizations to determine which based paint, and other combustion by prod- (1) identify the data that State school fa- requirements under this chapter shall apply. ucts such as oxides of nitrogen; cilities agencies and the Bureau of Indian (III) CONSULTATION REQUIREMENTS.—Con- (bb) mold, mildew, and moisture control; Education should collect and include in the sultation described under this clause shall be (cc) the safety of drinking water at the tap databases required to be developed under carried out in a manner and at a time that and water used for meal preparation, includ- subparagraphs (A)(i)(II) and (B) of section provides the opportunity for appropriate offi- ing the presence of lead and other contami- 5303(c)(2); cials from Indian Tribes or Tribal organiza- nants in such water and the results and fre- (2) develop standards for the comparability tions to meaningfully and substantively con- quency of regular testing of the potability of of such data; and tribute to decisionmaking described in this water at the tap; (3) issue guidance to State school facilities clause. (dd) energy and water efficiency; agencies and local educational agencies con- (ii) TREATMENT OF TRIBALLY OPERATED (ee) excessive classroom noise related to cerning the definitions, collection, com- SCHOOLS.—The Secretary of the Interior shall projects supported under this chapter; parability, and sharing of such data. provide assistance to Bureau-funded schools (ff) exposure to toxic substances, including (b) OFFICIALS.—The officials described in under paragraph (1)(B) without regard to mercury, radon, PCBs, lead, vapor intru- this subsection are— whether such schools are operated under a sions, and asbestos; and (1) the Administrator of the Environ- contract under the Indian Self-Determina- (gg) the emergency preparedness of public mental Protection Agency; tion and Education Assistance Act (25 U.S.C. school facilities to efficiently serve as a (2) the Secretary of Energy; 5301 et seq.), a grant under the Tribally Con- community shelter during a natural or man- (3) the Director of the Centers for Disease trolled Schools Act of 1988 (25 U.S.C. 2501 et made disaster or emergency; and Control and Prevention; seq.), or directly by the Federal government. (IV) designating an ombudsman to monitor (4) the Secretary of the Interior; (iii) BUREAU-FUNDED SCHOOLS FACILITIES IN- public school facilities in the State, respond (5) the Administrator of the Federal Emer- VENTORY.—In accordance with the guidance to complaints regarding health and safety gency Management Agency; and issued by the Secretary under section 5302, conditions in such facilities from the public, (6) the Director of the National Institute not later than 180 days after receiving an al- and address health and safety hazards (in co- for Occupational Safety and Health. location under paragraph (1)(B), the Sec- ordination with local and State agency offi- SEC. 5303. GRANTS FOR THE LONG-TERM IM- retary of the Interior shall develop and oper- cials), in accordance with applicable Federal, PROVEMENT OF PUBLIC SCHOOL FA- ate an online, publicly searchable database State, Tribal, and local health and safety re- CILITIES. that contains an inventory of the infrastruc- quirements; and (a) PURPOSE.—Covered funds shall be for ture of all Bureau-funded school facilities, in (ii) may include the development of a plan supporting long-term improvements to pub- accordance with the requirements described to increase the number of zero energy lic school facilities in accordance with this in subsection (c)(2)(B). The Secretary of the schools in the State. chapter. Interior shall update such database not less (B) INVENTORY OF ALL PUBLIC SCHOOL FA- (b) RESERVATION FOR OUTLYING AREAS AND frequently than once every 2 years. CILITIES IN THE STATE.— BUREAU-FUNDED SCHOOLS.— (iv) NO MATCHING REQUIREMENT.—Notwith- (i) CONTENTS.—The State school facilities (1) IN GENERAL.—For each of fiscal years standing subsection (c)(4)(A) or any other agency’s database required under subpara- 2021 through 2023, the Secretary shall re- provision of law, the Secretary of the Inte- graph (A)(i)(II) that contains an inventory of serve, from the amount appropriated to rior shall not require Bureau-funded schools the infrastructure of all public school facili- carry out this chapter— receiving funds under paragraph (1)(B) to ties in the State shall include— (A) in consultation with the Secretary of provide matching funds or a non-Federal (I) each local educational agency’s expend- the Interior, one-half of 1 percent to provide share toward the cost of the activities car- itures on school facilities capital outlay assistance to the outlying areas; and ried out with those funds. projects (defined as the sum of the local edu- (B) 1 and one-half percent for payments to (3) TIMING REQUIREMENT.—By not later cational agency’s total expenditures on the Secretary of the Interior to provide as- than 90 days after the date of enactment of school facilities capital outlay projects and sistance to Bureau-funded schools. an Act appropriating or otherwise making any direct expenditures and funds provided (2) USE OF RESERVED FUNDS.— available amounts to carry out this chapter, by the State to such agency for the purpose

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7774 CONGRESSIONAL RECORD — SENATE December 18, 2020 of school facilities capital outlay projects), to carry out the activities supported by the (II) the total school facilities capital ex- in total and disaggregated by each school fa- allocation; penditures in the State on school facilities cility; (iv) a description of how the State school capital outlay projects. (II) with respect to each such facility, an facilities agency will identify qualified local (iii) TOTAL STATE EXPENDITURES.—In this identification of— educational agencies and make the deter- subparagraph, the term ‘‘total State expend- (aa) the size of each individual school mination under subsection (d)(3); itures’’ means the State’s total expenditures building and the age of each such building (v) a description of the State’s strategy to on school facilities capital outlay projects, within each such facility; address the construction, renovation, mod- including— (bb) the enrollment capacity of the school ernization, and major repair needs of public (I) any direct expenditures by the State for operating in each such facility; school facilities, including— the purpose of school facilities capital out- (cc) the annual operating expenditures by (I) the total State expenditures for school lay projects; and the corresponding local educational agency facilities capital outlay projects, as de- (II) funds provided by the State to local on operations and maintenance of school fa- scribed in paragraph (4)(B)(iii), in the fiscal educational agencies for the purpose of cilities for each such facility; year preceding the year for which the State school facilities capital outlay projects. (dd) the extent to which each such facility receives an allocation under paragraph (1); (iv) TOTAL SCHOOL FACILITIES CAPITAL EX- has been retrofitted or improved to mitigate and PENDITURES IN THE STATE.—In this subpara- natural disasters or emergencies, including (II) how long, and at what levels, the State graph, the term ‘‘total school facilities cap- pandemics, seismic natural disasters, forest will maintain fiscal effort for the activities ital expenditures in the State’’, means the fires, hurricanes, flooding, tornados, supported by such allocation after the State sum of— tsunamis, mud slides, and pandemics; no longer receives such allocation; (I) all expenditures on school facilities cap- (ee) information regarding any previous in- (vi) a description of the methodology the ital outlay projects by all local educational spections showing the presence of toxic sub- State school facilities agency will use to de- agencies in the State, including any funds stances; termine to which qualified local educational provided by the State to a local educational (ff) the emergency preparedness of each agencies to award subgrants, in accordance agency in the State for school facilities cap- such facility— with subparagraph (2) and (3) of subsection ital outlay projects; plus (AA) to efficiently serve as a community (d), including— (II) any direct expenditures made by the shelter during a natural or man-made dis- (I) the State school facilities agency’s cri- State for school facilities capital outlay aster or emergency, taking into consider- teria for reviewing the quality of the public projects. ation the facility’s design, construction, and school facilities projects proposed in applica- (C) SUPPLEMENT NOT SUPPLANT.—The State location features, including communication tions submitted under subsection (d); and shall use an allocation received under this and related equipment and supply levels, in (II) how the State school facilities agency section only to supplement the level of Fed- accordance with Federal, State, and local re- will consider the impact that such projects eral, State, and local public funds that quirements; and will have on— would, in absence of such allocation, be made (BB) including any improvement to sup- (aa) racial and socioeconomic housing seg- available for school facilities capital outlay port indoor and outdoor social distancing regation; and projects, and not to supplant such funds. and implementation of public health proto- (bb) student diversity and racial and socio- (d) NEED-BASED SUBGRANTS TO QUALIFIED cols (including with respect to HVAC usage economic isolation of students attending any LOCAL EDUCATIONAL AGENCIES.— and ventilation in schools, consistent with current (as of the time of submission of the (1) SUBGRANTS TO LOCAL EDUCATIONAL AGEN- the guidance issued by Federal agencies, in- plan) or future public school facilities sup- CIES.— cluding the Centers for Disease Control and ported by such projects. (A) IN GENERAL.—Subject to subparagraph Prevention); (B) APPROVAL AND DISAPPROVAL.— (B), from the amounts allocated to a State (gg) an inventory of space within each such (i) IN GENERAL.—The Secretary shall have under subsection (c)(1) and contributed by facility, including the number of classrooms, the authority to approve or disapprove a the State under subsection (c)(4)(A), the room capacity, square footage, and classi- State plan submitted under subparagraph State school facilities agency shall award fication by building function; and (A). subgrants to qualified local educational (hh) information regarding internet access (ii) ADMINISTRATION.—If the Secretary dis- agencies, on a competitive basis, to carry in such facility, including the presence of approves of a State plan submitted under out the activities described section 5304. high-speed broadband, Wi-Fi, and subparagraph (A), the Secretary shall— (B) ALLOWANCE FOR DIGITAL LEARNING.—A connectivity speed. (I) immediately notify the State school fa- State school facilities agency may use not (ii) FREQUENCY OF UPDATES.—A State cilities agency of such determination and the more than 10 percent of the amount de- school facilities agency shall update the reasons for such determination; scribed in subparagraph (A) to make sub- database required under this subparagraph (II) offer the State school facilities agency grants to qualified local educational agen- and subparagraph (A)(i)(II) not less fre- the opportunity to revise its State plan; cies to enable those qualified local edu- quently than once every 3 years. (III) provide technical assistance in order cational agencies to carry out activities to (iii) PUBLIC ACCESSIBILITY.—A State school to assist the State school facilities agency in improve digital learning in accordance with facilities agency shall ensure that the infor- meeting the requirements under this chap- section 5304(b). mation in the database required under this ter; and (2) GEOGRAPHIC DISTRIBUTION.—Each State subparagraph and subparagraph (A)(i)(II)— (IV) provide the State school facilities school facilities agency receiving an alloca- (I) is publicly posted on an easily acces- agency the opportunity for a hearing. tion under subsection (c)(1) shall ensure that sible part of the website of the State school (4) CONDITIONS.—As a condition of receiv- subgrants under this section are awarded to facilities agency; and ing an allocation under paragraph (1), a qualified local educational agencies that rep- (II) is regularly distributed to local edu- State shall agree to the following: resent the geographic diversity of the State, cational agencies and Indian Tribes in the (A) MATCHING REQUIREMENT.—The State by awarding subgrants to qualified local edu- State. shall contribute, from non-Federal sources, cational agencies in urban, suburban, and (3) STATE PLAN.— an amount equal to 10 percent of the amount rural areas of the State. (A) IN GENERAL.—To be eligible to receive of the allocation received under paragraph (3) PRIORITY OF SUBGRANTS.—In awarding an allocation under this section, a State (1) to carry out activities supported by the subgrants under this section to qualified school facilities agency shall submit a plan allocation, in accordance with section 5304. local educational agencies, the State school to the Secretary at such time, in such man- (B) COMMITMENT TO PROPORTIONAL STATE facilities agency— ner, and including such other information as INVESTMENT IN SCHOOL FACILITIES.— (A) shall give priority to qualified local the Secretary may require, including at a (i) IN GENERAL.—The State shall provide an educational agencies— minimum— assurance to the Secretary that for each fis- (i) that demonstrate the greatest need for (i) a description of how the State school fa- cal year that the State receives an alloca- such a grant by being in the highest quartile cilities agency will use the allocation pro- tion under this section, the State’s share of of qualified local educational agencies in a vided under paragraph (1) to make long-term school facilities capital outlay in the fiscal ranking of all qualified local educational improvements to public school facilities in year preceding the fiscal year for which an agencies in the State, ranked in descending the State, including the improvement of allocation is received will be not less than 90 order by the percentage of students who are such facilities operated by qualified local percent of the average of the State’s share of enrolled in a school served by the agency and educational agencies in the State; school facilities capital outlay for the 5 are counted under section 1124(c) of the Ele- (ii) a description of how the State school years preceding the fiscal year for which the mentary and Secondary Education Act of facilities agency will carry out each of its re- allocation is received. 1965 (20 U.S.C. 6333(c)); sponsibilities under subclauses (I) through (ii) STATE’S SHARE OF SCHOOL FACILITIES (ii) that operate public school facilities (IV) of paragraph (2)(A)(i); CAPITAL OUTLAY.—In this subparagraph, the which disrupt the learning environment and (iii) an assurance that the State shall con- term ‘‘State’s share of school facilities cap- pose a health and safety risk to students, tribute, from non-Federal sources, an ital outlay’’ means— families, educators, and other staff, such as amount equal to 10 percent of the amount of (I) the total State expenditures on school due to proximity to toxic sites (including the allocation received under paragraph (1) facilities capital outlay projects; divided by point sources of pollution, environmental

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7775 degradation, or brownfield sites) or the vul- cioeconomic isolation among students in public school facilities operated by the quali- nerability of such facilities to natural disas- such agency’s public school facilities; and fied local educational agency, including— ters; or (B) a description of the projects that the (I) the financial implications of such en- (iii) that have the most limited capacity to agency plans to carry out with the subgrant, rollment levels; and raise funds for the long-term improvement in accordance with section 5304, including— (II) the impact that such enrollment levels such agency’s public school facilities, as de- (i) the rationale the agency used to deter- will have on the racial and socioeconomic termined by an assessment of— mine such projects, including how the agen- school diversity of students attending any (I) the current and historic ability of such cy— current or future public school facilities op- agency to secure funds for construction, ren- (I) engaged students, families, and local erated by the local educational agency; ovation, modernization, and major repair communities in making such determina- (vi) the dollar amount and percentage of projects for schools; tions, and funds the qualified local educational agency (II) whether the agency has been able to (II) took into consideration elements de- will dedicate to capital construction projects issue bonds or receive other funds, such as scribed in paragraph (5)(B) in making such for public school facilities in each fiscal developer impact fees or access to private fi- determinations; year, including— nancing, to support school construction (ii) a description of how the agency took (I) any funds in the budget of the agency projects; into consideration the impacts that such that will be dedicated to such projects; and (III) the bond rating of the agency; and projects may have on student enrollment (II) any funds not in the budget of the (IV) the burden of debt carried by the local levels and racial and socioeconomic diversity agency that will be dedicated to such educational agency; of students, as described in paragraph projects, including— (B) with respect to subgrants awarded for (5)(B)(v); (aa) any funds available to the agency as fiscal year 2021, shall give priority to quali- (C) a description of how the projects pro- the result of a bond issue; or fied local educational agencies described in posed in subparagraph (B) will reduce risks (bb) capital campaigns, if such agency is a subparagraph (A) that propose projects in to the health and safety of staff and students public charter school. their application that support— at schools served by the agency, including (C) CONSULTATION.—In developing the fa- (i) indoor and outdoor social distancing; with respect to the conditions described in cilities master plan required under subpara- and paragraph (5)(B)(iii); and graph (A), the qualified local educational (ii) the implementation of public health (D) in the case of a qualified local edu- agency shall consult with students and fami- protocols (including with respect to HVAC cational agency (including a public charter lies, educators, principals, other school lead- usage and ventilation in schools, consistent school that is a local educational agency ers, paraprofessionals, specialized instruc- with the guidance issued by Federal, State, under State law) that proposes to fund a re- tional support personnel, custodial and Tribal, and local public health agencies, in- pair, renovation, or construction project for maintenance staff, emergency first respond- cluding the Centers for Disease Control and a public charter school, as defined by State ers, school facilities directors, community Prevention); and law, a description indicating— residents, Indian Tribes and Tribal organiza- (C) may give priority to qualified local (i) the extent to which the public charter tions if such qualified local educational educational agencies that— school lacks access to funding for school re- agency is required to consult with Indian (i) will use the subgrant to improve access pair, renovation, and construction through Tribes or Tribal organizations under section to high-speed broadband sufficient to support the financing methods available to other 8538 of the Elementary and Secondary Edu- digital learning in accordance with section public schools, including public charter cation Act of 1965 (20 U.S.C. 7918), advocacy 5304(b) and serve elementary schools or sec- schools, or local educational agencies in the and civil rights organizations, and the pub- ondary schools, including rural schools, that State; and lic. lack such access; or (ii) that the charter school operator— (D) EDUCATIONAL SERVICE AGENCIES.—In the (ii) will use the subgrant to fund projects (I) owns the facility that is to be repaired, event that the qualified local educational that are aligned with such agency’s policies renovated, or constructed; or agency is an educational service agency, the or plan— (II) has care and control of such facility for requirements of this paragraph shall apply (I) to increase diversity and decrease racial not less than 10 years. only to the public school facilities of the or socioeconomic isolation of its student (5) FACILITIES MASTER PLAN.— local educational agencies where such agen- body in its public school facilities; and (A) PLAN REQUIRED.—Not later than 180 cy intends to support projects with subgrant (II) that have the intended outcomes of days after receiving a subgrant under this funds. shifting student enrollment policies to cre- section, a qualified local educational agency (6) SUPPLEMENT NOT SUPPLANT.—A quali- ate more racially and socioeconomically di- shall submit to the State school facilities fied local educational agency shall use a verse schools. agency a comprehensive facilities master subgrant received under this section only to (4) APPLICATION.—To be considered for a plan that covers not less than 3 years. supplement the level of Federal, State, and subgrant under this section, a qualified local (B) ELEMENTS.—The facilities master plan local public funds that would, in the absence educational agency shall submit an applica- required under subparagraph (A) shall in- of such subgrant, be made available for tion to the State school facilities agency at clude, with respect to all public school facili- school facilities capital outlay projects and such time, in such manner, and containing ties of the qualified local educational agen- for the operations and maintenance of school such information as such agency may re- cy, a description of— facilities, and not to supplant such funds. quire. Such application shall include, at (i) the extent to which public school facili- SEC. 5304. USES OF FUNDS. minimum— ties meet students’ educational needs and (A) the information necessary for the State support the agency’s educational mission (a) IN GENERAL.—Subject to section 5305, a school facilities agency to make the deter- and vision; qualified local educational agency that re- minations under paragraphs (2) and (3), in- (ii) the physical condition of each indi- ceives a subgrant under section 5303(d) shall cluding— vidual public school facility operated by the use the funds to carry out one or more of the (i) a description of how the qualified local qualified local educational agency; following: educational agency will use covered funds to (iii) the current health, safety, and envi- (1) Developing, maintaining, and updating prioritize the improvement of the facilities ronmental conditions of each individual pub- as necessary the facilities master plan re- of high-need schools; lic school facility operated by the qualified quired under section 5303(d)(5). (ii) information regarding the qualified local educational agency, including— (2) Renovating, retrofitting, modernizing, local educational agency’s capacity to raise (I) indoor air quality and ventilation; or constructing public school facilities, funds for the long-term improvement of its (II) the presence of toxic substances; which may include— public school facilities, including informa- (III) the safety of drinking water at the tap (A) improvements to public school facili- tion regarding— and water used for meal preparation, includ- ties to improve the safety and health of stu- (I) the current and historic ability of the ing the level of lead and other contaminants dents and staff directly related to reducing agency to raise funds for construction, ren- in such water; the risk of community spread of COVID–19, ovation, modernization, and major repair (IV) energy and water efficiency; such as— projects for schools; (V) classroom acoustics; and (i) facility repairs, improvements, or other (II) whether the agency has been able to (VI) other health, safety, and environ- system upgrades to support implementation issue bonds or receive other funds to support mental conditions that would impact the of public health protocols, such as repair, re- school construction projects; health, safety, and learning environment of placement, and installation of sinks for hand (III) the bond rating of the agency; and students; washing, appropriate spaces for health (IV) the level of debt carried by the agen- (iv) how the qualified local educational screening, adequate school nurses’ spaces, cy; and agency will address any conditions identified health isolation areas, and storage and dis- (iii) data regarding the numbers and per- under clause (iii), including with projects posal of personal protective equipment; and centages of students counted under section supported by subgrant funds; (ii) projects designed to reduce COVID–19 1124(c) of the Elementary and Secondary (v) the impact of current and future stu- transmission and exposure to environmental Education Act of 1965 (20 U.S.C. 633(c)) served dent enrollment levels (as of the date of ap- health hazards and to support student health by the agency, and the rates of racial and so- plication) on the design of current and future needs, including—

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(I) improvements to indoor air quality in (b) ALLOWANCE FOR DIGITAL LEARNING.—A (B) using iron, steel, and manufactured schools or school surfaces to enable effective qualified local educational agency may use products produced in the United States will ventilation and sanitation; covered funds received under section increase the cost of the overall project by (II) improvements to outdoor areas for out- 5303(d)(1) to leverage existing public pro- more than 25 percent. door instruction and activities; and grams or public-private partnerships to ex- (2) PUBLICATION.—Before issuing a waiver (III) physical barriers to mitigate the pand access to high-speed broadband suffi- under paragraph (1), the Secretary shall pub- spread of COVID–19; and cient for digital learning. lish in the Federal Register a detailed writ- (B) improvements to mitigate natural dis- SEC. 5305. RULE OF CONSTRUCTION. ten explanation of the waiver determination. asters or emergencies, including seismic nat- (a) RESTRICTION.—A qualified local edu- (c) CONSISTENCY WITH INTERNATIONAL ural disasters, forest fires, hurricanes, flood- cational agency that receives covered funds AGREEMENTS.—This section shall be applied ing, tornados, tsunamis, mud slides, and shall not use such funds for— in a manner consistent with the obligations pandemics. (1) payment of routine and predictable of the United States under international (3) Carrying out major repairs of public maintenance costs and minor repairs; agreements. school facilities. (2) any facility that is primarily used for (d) DEFINITIONS.—In this section: (4) Purchasing or installing furniture or athletic contests or exhibitions or other (1) PRODUCED IN THE UNITED STATES.—The fixtures with at least a 10-year life in public events for which admission is charged to the term ‘‘produced in the United States’’ means school facilities. general public; the following: (5) Constructing new public school facili- (3) vehicles; or (A) When used with respect to a manufac- ties to replace school facilities or respond to (4) district central offices, operation cen- tured product, the product was manufac- increases in student enrollment. ters, or other facilities that are not pri- tured in the United States and the cost of (6) Acquiring and preparing sites on which marily used to educate students. the components of such product that were new public school facilities will be con- (b) FOR-PROFIT CHARTER SCHOOLS.—No cov- mined, produced, or manufactured in the structed. ered funds may be used for the facilities of a United States exceeds 60 percent of the total (7) Ensuring current or anticipated student public charter school that is operated by a cost of all components of the product. enrollment does not exceed the physical and for-profit entity. (B) When used with respect to iron or steel instructional capacity of public school facili- (c) CONFLICTS OF INTEREST AND CHARTER products, or an individual component of a ties. SCHOOLS.—No covered funds may be used for manufactured product, all manufacturing (8) Ensuring the building envelopes and in- the facilities of a public charter school if— processes for such iron or steel products or teriors of public school facilities protect oc- (1) the school leases the facilities from an components, from the initial melting stage cupants and interiors from natural elements individual or private sector entity; and through the application of coatings, occurred and are structurally sounds and secure. (2) such individual, or an individual with a in the United States, except that the term (9) Improving energy and water efficiency direct or indirect financial interest in such does not include— to lower the costs of energy and water con- entity, has a management or governance role (i) steel or iron material or products manu- sumption in public school facilities. in such school. factured abroad from semi-finished steel or (10) Improving indoor air quality and ven- SEC. 5306. GREEN PRACTICES. iron from the United States; and tilation in public school facilities, including (a) IN GENERAL.—In a given fiscal year, a (ii) steel or iron material or products man- mechanical and non-mechanical heating, qualified local educational agency that uses ufactured in the United States from semi- ventilation, and air conditioning systems, covered funds for a new construction project finished steel or iron of foreign origin. filtering and other air cleaning, fans, control shall use not less than the applicable per- (2) MANUFACTURED PRODUCT.—The term systems, and window and door repair and re- centage (as described in subsection (b)) of ‘‘manufactured product’’ means any con- placement. the funds used for such project for construc- struction material or end product (as such (11) Reducing or eliminating the presence tion or renovation that is certified, verified, of— terms are defined in part 25.003 of the Fed- or consistent with the applicable provisions eral Acquisition Regulations) that is not an (A) toxic substances, including mercury, of— radon, PCBs, lead, and asbestos; iron or steel product, including— (1) the United States Green Building Coun- (A) electrical components; and (B) mold and mildew; or cil Leadership in Energy and Environmental (C) rodents and pests. (B) non-ferrous building materials, includ- Design green building rating standard (com- ing, aluminum and polyvinylchloride (PVC), (12) Ensuring the safety of drinking water monly known as the ‘‘LEED Green Building at the tap and water used for meal prepara- glass, fiber optics, plastic, wood, masonry, Rating System’’); rubber, manufactured stone, any other non- tion in public school facilities, which may (2) the Living Building Challenge devel- include testing of the potability of water at ferrous metals, and any unmanufactured oped by the International Living Future In- construction material. the tap for the presence of lead and other stitute; contaminants. (3) a green building rating program devel- SEC. 5308. ANNUAL REPORT ON GRANT PRO- GRAM. (13) Bringing public school facilities into oped by the Collaborative for High-Perform- compliance with applicable fire, health, and ance Schools (commonly known as ‘‘CHPS’’) (a) IN GENERAL.—Not later than one year safety codes. that is CHPS-verified; or after the date of the enactment of this chap- (14) Making public school facilities acces- (4) a program that— ter, and annually thereafter until funds sible to people with disabilities, including by (A) has standards that are equivalent to or under this chapter have been expended, the ensuring compliance with the Americans more stringent than the standards of a pro- Secretary shall submit to the Committee on with Disabilities Act of 1990 (42 U.S.C. 12101 gram described in paragraphs (1) through (3); Health, Education, Labor and Pensions of et seq.) and section 504 of the Rehabilitation (B) is adopted by the State or another ju- the Senate and the Committee on Education Act of 1973 (29 U.S.C. 794). risdiction with authority over the agency; and Labor of the House of Representatives a (15) Providing instructional program space and report on the projects carried out with cov- improvements (including through the con- (C) includes a verifiable method to dem- ered funds. struction of outdoor instructional space) for onstrate compliance with such program. (b) ELEMENTS.—The report under sub- programs relating to early learning (includ- (b) APPLICABLE PERCENTAGE.—The applica- section (a) shall include, with respect to the ing early learning programs operated by ble percentage described in this subsection fiscal year preceding the year in which the partners of the agency), special education, is— report is submitted, the following: science, technology, career and technical (1) for fiscal year 2021, 60 percent; (1) An identification of each qualified local education, physical education, the arts, and (2) for fiscal year 2022, 70 percent; and educational agency that received a subgrant literacy (including library programs). (3) for fiscal year 2023; 80 percent. under this chapter, including the grant (16) Increasing the use of public school fa- SEC. 5307. USE OF AMERICAN IRON, STEEL, AND amount received for each such agency. cilities for the purpose of community-based MANUFACTURED PRODUCTS. (2) With respect to each such agency, a de- partnerships that provide students with aca- (a) IN GENERAL.—A qualified local edu- scription of— demic, behavioral health, mental health, cational agency that receives covered funds (A) the demographic composition of the substance use disorder, and social services. shall ensure that any iron, steel, and manu- student population served by the agency, (17) Ensuring the health and safety of stu- factured products used in projects carried disaggregated by— dents and staff during the construction or out with such funds are produced in the (i) race; modernization of public school facilities. United States. (ii) the number and percentage of students (18) Investing in specialized academic fa- (b) WAIVER AUTHORITY.— counted under section 1124(c) of the Elemen- cilities, including investments designed to (1) IN GENERAL.—The Secretary may waive tary and Secondary Education Act of 1965 (20 encourage inter-district school attendance the requirement of subsection (a) if the Sec- U.S.C. 6333(c)); and patterns, in order to increase student diver- retary determines that— (iii) the number and percentage of students sity and decrease racial or socioeconomic (A) iron, steel, and manufactured products who are eligible for a free or reduced price isolation. produced in the United States are not pro- lunch under the Richard B. Russell National (19) Reducing or eliminating excessive duced in a sufficient and reasonably avail- School Lunch Act (42 U.S.C. 1751 et seq.); classroom noise due to activities allowable able amount or are not of a satisfactory (B) the population density of the geo- under this section. quality; or graphic area served by the agency;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7777 (C) the projects for which the agency used information from a local educational agency and not reserved under section 5322(b), each the subgrant received under this chapter, in- under subsection (e) shall— State that has a plan approved by the Direc- cluding— (1) compile the information and report it tor under subsection (b) shall be allocated an (i) the type of each such project; annually to the Secretary at such time and amount in the same manner as the Director (ii) the public school facility deficiencies in such manner as the Secretary may re- makes allotments to States under section that each such project eliminated or re- quire; 221(b) of the Library Services and Tech- duced; (2) submit to the Secretary a description of nology Act (20 U.S.C. 9131(b)), except that, (iii) the State, local, and private share of the activities supported under the State res- for purposes of this section, the minimum al- funding for the projects over and above the ervation of funds, in accordance with section lotment for each State shall be $10,000,000, Federal share, if any; and 5303(c)(2); except that the minimum allotment shall be (iv) the individual demographic composi- (3) make the information described in $500,000 in the case of the United States Vir- tion of the student population enrolled in paragraphs (1) and (2) available to the public, gin Islands, Guam, American Samoa, the schools impacted by each such project, including by posting the information on a Commonwealth of the Northern Mariana Is- disaggregated by— publicly accessible State website; and lands, the Republic of the Marshall Islands, (I) race; and (4) regularly distribute such information to the Federated States of Micronesia, and the (II) the number and percentage of students local educational agencies and Indian Tribes Republic of Palau. who are eligible for a free or reduced price in the State. (B) REALLOCATION OF REMAINING FUNDS.— lunch under the Richard B. Russell National SEC. 5309. APPROPRIATIONS. (i) IN GENERAL.—From the remainder of School Lunch Act (42 U.S.C. 1751 et seq.); There are appropriated to the Secretary of any amounts not reserved or allocated under (D) the factors used by the State school fa- Education, out of amounts in the Treasury subparagraph (A) on the date that is 1 year cilities agency to determine that such agen- not otherwise appropriated, $11,626,810,000 for after the date of enactment of this Act, the cy lacked capacity to finance school facili- fiscal year 2021, $11,626,810,000 for fiscal year Director shall allocate to each State, that ties capital outlay projects without Federal 2022, and $11,626,810,000 for fiscal year 2023, to has a plan approved by the Director under assistance; and carry out this chapter, to remain available subsection (b), an amount that bears the (E) the estimated number of jobs created until expended. same relation to such remainder as the popu- by projects supported by covered funds in SEC. 5310. APPROPRIATIONS FOR IMPACT AID lation of the State bears to the population of each qualified local educational agency. CONSTRUCTION. all States. (3) The total dollar amount of all sub- There are appropriated to the Secretary of (ii) DATA.—For the purposes of clause (i), grants received by local educational agencies Education, out of amounts in the Treasury the population of each State and of all the under this chapter. not otherwise appropriated, $18,756,765 for States shall be determined by the Director (4) An assessment of the student diversity fiscal year 2021, $50,406,000 for fiscal year on the basis of the most recent data avail- and the racial and socioeconomic school iso- 2022, and $50,406,000 for fiscal year 2023 for able from the Bureau of the Census. lation of schools served by projects carried Impact Aid construction payments, in ac- (2) STATE RESERVATIONS.—A State shall re- out by the qualified local educational agency cordance with section 7007 of the Elementary serve not more than 4 percent of its alloca- with covered funds, including any progress and Secondary Education Act of 1965 (20 tion under paragraph (1) for administrative made by local educational agencies to im- U.S.C. 7707). All terms and conditions that costs and to provide technical assistance to prove racial and socioeconomic diversity in apply to grants under such section 7007 shall libraries in the State. (b) STATE PLAN.— such schools. apply to grants made with funds made avail- (c) OUTLYING AREAS REPORT.—Not later (1) IN GENERAL.—To be eligible to receive able under this section. than one year after the date of the enact- an allocation under this section, a State li- ment of this chapter, and annually there- CHAPTER 2—LIBRARY INFRASTRUCTURE brary administrative agency shall submit to after until grant funds have been expended, SEC. 5321. DEFINITIONS. the Director a plan that includes such infor- the Secretary of the Interior shall submit to In this chapter: mation as the Director may require, includ- the Committee on Health, Education, Labor (1) DIRECTOR.—The term ‘‘Director’’ has ing at a minimum— and Pensions of the Senate and the Com- the meaning given the term in section 202 of (A) a description of how the State will use mittee on Education and Labor of the House the Museum and Library Services Act (20 the allocation to make long-term improve- of Representatives a report on the projects U.S.C. 9101). ments to library facilities with a focus on carried out with funds described in section (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ underserved and marginalized communities; 5303(b)(1)(A) in outlying areas. has the meaning given the term ‘‘Indian (B) a description regarding how the State (d) BUREAU OF INDIAN EDUCATION REPORT.— tribe’’ in section 202 of the Museum and Li- will carry out its responsibility to provide Not later than one year after the date of the brary Services Act (20 U.S.C. 9101). technical assistance under subsection (a)(2); enactment of this chapter, and annually (3) LIBRARY.—The term ‘‘library’’ has the (C) a description regarding how the State thereafter until grant funds have been ex- meaning given the term in section 213 of the will make the determinations of eligibility pended, the Secretary of the Interior shall Library Services and Technology Act (20 and priority under subsections (b) and (d) of submit to the Committee on Health, Edu- U.S.C. 9122). section 5324; and cation, Labor and Pensions of the Senate, (4) STATE.—The term ‘‘State’’ has the (D) a certification that the State has met the Committee on Indian Affairs of the Sen- meaning given the term in section 213 of the the maintenance of effort requirements ate, the Committee on Education and Labor Library Services and Technology Act (20 under section 223(c) of the Library Services of the House of Representatives, and the U.S.C. 9122). and Technology Act (20 U.S.C. 9133(c)) and an Committee on Natural Resources of the (5) STATE LIBRARY ADMINISTRATIVE AGEN- assurance that the State shall meet the sup- House of Representatives a report on the CY.—The term ‘‘State library administrative plement not supplant requirement under projects carried out with funds described in agency’’ has the meaning given the term in subsection (c). section 5303(b)(1)(B) for Bureau-funded section 213 of the Library Services and Tech- (2) APPROVAL.— schools. nology Act (20 U.S.C. 9122). (A) IN GENERAL.—The Director shall ap- (e) LEA INFORMATION COLLECTION.— prove a State plan submitted under para- (1) IN GENERAL.—Not later than one year SEC. 5322. BUILD AMERICA’S LIBRARIES FUND. after the date of the enactment of this chap- (a) ESTABLISHMENT.—From the amount ap- graph (1) that meets the requirements of ter, and annually thereafter until grant propriated under section 5326, there is estab- paragraph (1) and provides satisfactory as- funds have been expended, each qualified lished a Build America’s Libraries Fund for surances that the provisions of such plan local educational agency that receives cov- the purpose of supporting long-term im- will be carried out. ered funds shall annually— provements to library facilities in accord- (B) PUBLIC AVAILABILITY.—Each State li- (A) compile the information described in ance with this chapter. brary administrative agency receiving an al- subsection (b)(2); and (b) RESERVATIONS.—From the amount location under this section shall make the (B) prepare a description of each project available in the Build America’s Libraries State plan available to the public, including supported by covered funds in accordance Fund, the Director shall reserve 3 percent to through electronic means. with subsection (b)(2)(C), including the award grants to Indian Tribes and to organi- (C) ADMINISTRATION.—If the Director deter- amount of covered funding spent on each zations that primarily serve and represent mines that the State plan does not meet the project for planning, design, construction, Native Hawaiians, in the same manner as the requirements of this section, the Director management, and financing, as applicable. Director makes grants under section 261 of shall— (2) REPORT AND POSTING OF INFORMATION.— the Library Services and Technology Act (20 (i) immediately notify the State library Each qualified local educational agency shall U.S.C. 9161) to enable such Indian Tribes and administrative agency of such determination submit the information described in para- organizations to carry out the activities de- and the reasons for such determination; graph (1) to the State school facilities agen- scribed in paragraphs (1) through (9) of sec- (ii) offer the State library administrative cy and shall make the information available tion 5323(d). agency the opportunity to revise its State to the public, including by posting the infor- SEC. 5323. ALLOCATION TO STATES. plan; mation on a publicly accessible agency (a) ALLOCATION TO STATES.— (iii) provide technical assistance in order website. (1) STATE-BY-STATE ALLOCATION.— to assist the State library administrative (f) STATE INFORMATION DISTRIBUTION.—A (A) IN GENERAL.—From the amount avail- agency in meeting the requirements of this State school facilities agency that receives able in the Build America’s Libraries Fund section; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7778 CONGRESSIONAL RECORD — SENATE December 18, 2020 (iv) provide the State library administra- under this section shall submit an applica- and data collection related to the purposes of tive agency the opportunity for a hearing. tion to the State library administrative the Build America’s Libraries Fund. (c) SUPPLEMENT NOT SUPPLANT.—As a con- agency at such time, in such manner, and (e) REPORTS.— dition of receiving an allocation under this containing such information as the State li- (1) IN GENERAL.—Not later than 1 year after section, a State shall agree to use an alloca- brary administrative agency may require, in- the date of enactment of this Act and annu- tion under this section only to supplement cluding— ally thereafter until all funds provided under the level of Federal, State, and local public (1) the information necessary for the State funds that would, in absence of such alloca- this chapter have been expended, the Direc- to make a determination of the library’s eli- tor shall issue reports to the Committee on tion, be made available for the activities gibility for the grant and priority under sub- supported by the allocation, and not to sup- Appropriations and the Committee on Edu- section (d); and cation and Labor of the House of Representa- plant such funds. (2) a description of the projects that the li- (d) USES OF FUNDS.—Each State receiving tives and the Committee on Appropriations brary plans to carry out with the grant, in and the Committee on Health, Education, an allocation under this section shall use the accordance with paragraphs (1) through (9) of funds for any 1 or more of the following: Labor and Pensions of the Senate detailing section 5323(d), including— (1) Constructing, renovating, modernizing, how funding under this chapter has been (A) the rationale the library used to select or retrofitting library facilities in the State, spent and its impact on improving library such project; and which may include— services in communities that are served, in- (B) a description of how the library took (A) financing new library facilities; cluding underserved and marginalized popu- into consideration the impacts of such (B) making capital improvements to exist- lations, Indian Tribes, and Native Hawaiian projects on underserved or marginalized ing library facilities, including buildings, fa- communities, and shall make such reports communities, including families with in- cilities grounds, and bookmobiles; publicly available on the website of the In- comes below the poverty line (as defined (C) enhancing library facilities to improve stitute of Museum and Library Services. under section 673(2) of the Community Serv- the overall safety and health of library pa- (2) STATE REPORT.—A State that receives ices Block Grant Act (42 U.S.C. 9902(2)). trons and staff, including improvements di- funds under this chapter shall, not later than (d) PRIORITY OF GRANTS.—In awarding rectly related to reducing the risk of com- 1 year after the date of enactment of this grants under this section, the State— munity spread of COVID–19; and Act, and annually thereafter until all funds (1) shall give first priority to eligible li- (D) addressing the vulnerability of library have been expended, submit a report to the braries that demonstrate the greatest need facilities to natural disasters. Director at such time and in such manner as for such a grant in order to plan for, and (2) Investing in infrastructure projects re- the Director may require. make long-term improvements to, library fa- lated to improving internet access and cilities that predominantly provide service SEC. 5326. APPROPRIATION OF FUNDS. connectivity in library facilities and for li- to underserved or marginalized commu- brary patrons, including projects related to There is authorized to be appropriated, and nities, including families with incomes below high-speed broadband, technology hardware, there is appropriated, to carry out this chap- the poverty line (as defined under section and mobile hotspots and similar equipment. ter, $5,000,000,000, for the period of fiscal 673(2) of the Community Services Block (3) Improving energy and water efficiency years 2021 through 2023, to remain available Grant Act (42 U.S.C. 9902(2)); and to lower the costs of energy and water con- until expended. (2) may additionally give priority to eligi- sumption in library facilities. ble libraries that will use the grant to— CHAPTER 3—HBCU, TCU, AND OTHER MI- (4) Improving indoor air quality and ven- (A) make health, safety, resiliency, or NORITY-SERVING INSTITUTION INFRA- tilation in library facilities, including me- emergency preparedness improvements to STRUCTURE chanical and non-mechanical heating, ven- existing library facilities that pose a severe tilation, and air conditioning systems, fil- SEC. 5331. CANCELLATION OF DEBT UNDER HBCU health or safety threat to library patrons or tering and other air cleaning, fans, control CAPITAL FINANCING PROGRAM. staff, which may include a threat posed by systems, and window and door repair and re- the proximity of the facilities to toxic sites Not later than 30 days after the date of the placement. or the vulnerability of the facilities to nat- enactment of this Act, the Secretary of Edu- (5) Reducing or eliminating the presence in ural disasters; cation shall cancel the obligation of each eli- library facilities of potential hazards to li- (B) install or upgrade hardware that will gible institution (as defined in section 342 of brary staff and patrons, including— improve access to high-speed broadband for the Higher Education Act of 1965 (20 U.S.C. (A) toxic substances, including mercury, library patrons of the library facilities; 1066a)) to repay the balance of interest and radon, PCBs, lead, and asbestos; or (C) improve access to existing library fa- principal due on each loan made under part (B) mold and mildew. cilities for library patrons or staff with dis- D of title III of the Higher Education Act of (6) Ensuring the safety of drinking water abilities; or 1965 (20 U.S.C. 1066 et seq.) before the date of at the tap in library facilities, which may in- (D) improve the energy efficiency of or re- the enactment of this Act. clude testing of the potability of water at duce the carbon emissions or negative envi- the tap for the presence of lead and other SEC. 5332. ADDITIONAL APPROPRIATIONS FOR ronmental impacts resulting from the exist- contaminants. THE HBCU HISTORIC PRESERVA- ing library facilities. (7) Making library facilities accessible to TION PROGRAM. (e) SUPPLEMENT NOT SUPPLANT.—A library people with disabilities, including by ensur- (a) IN GENERAL.— shall use a grant received under this section ing compliance with the Americans with Dis- (1) AMOUNTS APPROPRIATED.—There is ap- only to supplement the level of Federal, abilities Act of 1990 (42 U.S.C. 12101 et seq.) propriated to the Secretary of the Interior, State, and local public funds that would, in and section 504 of the Rehabilitation Act of out of amounts in the Treasury not other- the absence of such grant, be made available 1973 (29 U.S.C. 794). wise appropriated, $250,000,000 for the period for the activities supported by the grant, and (8) Improving library facilities for the pur- of fiscal years 2021 through 2023, to provide not to supplant such funds. poses of supporting place-based services or additional allocations under section 507(d)(2) community-based partnerships that provide SEC. 5325. ADMINISTRATION AND OVERSIGHT. of the Omnibus Parks and Public Lands Man- library patrons with access to educational, (a) NO PROHIBITION AGAINST CONSTRUC- agement Act of 1996 (54 U.S.C. 302101 note) for workforce, behavioral health, mental health, TION.—Section 210A of the Museum and Li- the purpose of preserving and restoring over and social services. brary Services Act (20 U.S.C. 9109) shall not 700 historic buildings and structures on the (9) Assessing the condition of existing li- apply to this chapter. campuses of Historically Black Colleges and brary facilities and the need for new or im- (b) NO MATCHING REQUIREMENT OR NON- Universities on the National Register of His- proved library facilities and developing fa- FEDERAL SHARE.—Notwithstanding any other toric Places. cilities master plans. provision of law, a State, Indian Tribe, orga- (2) ALLOCATION OF FUNDS.—The Secretary SEC. 5324. NEED-BASED GRANTS TO LIBRARIES. nization, library, or other entity that re- shall allocate amounts provided under para- (a) GRANTS TO LIBRARIES.—From the ceives funds under this chapter shall not be graph (1) to institutions in the same propor- amounts allocated to a State under section required to provide matching funds or a non- tion as amounts are allocated under section 5323(a), the State library administrative Federal share toward the cost of the activi- 507(d) of the Omnibus Parks and Public agency shall award grants to libraries, on a ties carried out with the funds. Lands Management Act of 1996 (54 U.S.C. competitive basis, to carry out the activities (c) SUPPLEMENT NOT SUPPLANT.—A State 302101 note). described in paragraphs (1) through (9) of sec- shall use an allocation received under sec- (b) APPLICABILITY OF TERMS AND CONDI- tion 5323(d). tion 5323 only to supplement the level of Fed- TIONS.—The terms and conditions that apply (b) ELIGIBILITY.—To be eligible to receive a eral, State, and local public funds that to grants under section 507 of the Omnibus grant under this section, a library shall be— would, in absence of such allocation, be made Parks and Public Lands Management Act of (1) a public library; available for the activities supported by the 1996 (54 U.S.C. 302101 note) shall apply to (2) a tribal library; or allocation, and not to supplant such funds. grants made under this section. (3) a State library or a State archive, with (d) ADMINISTRATIVE COSTS.—From the respect to outlets and facilities that provide amount appropriated under section 5326, the (c) GENERAL PROVISIONS.—Any amount ap- library service directly to the general public. Director may allocate not more than 3 per- propriated under this section is in addition (c) APPLICATION.—A library described in cent of such amount for program administra- to other amounts appropriated or made subsection (b) that desires to receive a grant tion, oversight activities, research, analysis, available for the applicable purpose.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7779 SEC. 5333. FUNDING FOR CONSTRUCTION OF NEW wise appropriated, $7,000,000,000 for the pe- Universities (as defined in section 316 of the FACILITIES AT TCUS. riod of fiscal years 2021 through 2023, to pro- Higher Education Act of 1965 (20 U.S.C. (a) IN GENERAL.—Section 113 of the Trib- vide additional allocations under section 371 1059c)) in the United States; and ally Controlled Colleges and Universities As- of the Higher Education Act of 1965 (20 U.S.C. (2) submit a report that includes the re- sistance Act of 1978 (25 U.S.C. 1813) is amend- 1067q) for the purpose of addressing the facil- sults of the study to the Committee on Ap- ed to read as follows: ity, equipment, educational materials, and propriations, the Committee on Health, Edu- ‘‘SEC. 113. CONSTRUCTION OF NEW FACILITIES. funds and administrative management needs cation, Labor, and Pensions, the Committee ‘‘(a) DEFINITIONS.—In this section: of Historically Black Colleges and Univer- on Energy and Natural Resources, the Com- ‘‘(1) CONSTRUCTION.—The term ‘construc- sities, Tribal Colleges and Universities, and mittee on Agriculture, Nutrition, and For- tion’ includes any effort to address the facil- minority-serving institutions as described in estry, and the Committee on Commerce, ity construction, maintenance, renovation, paragraph (3). Science, and Transportation of the Senate, reconstruction, and replacement needs of a (2) ALLOCATION OF FUNDS.—The Secretary and the Committee on Appropriations, the Tribal College or University. of Education shall allocate amounts pro- Committee on Education and Labor, the ‘‘(2) TRIBAL COLLEGE OR UNIVERSITY.—The vided under paragraph (1) to Historically Committee on Natural Resources, the Com- term ‘Tribal College or University’ has the Black Colleges and Universities (within the mittee on Agriculture, and the Committee meaning given the term in section 316(b) of meaning of the term ‘‘part B institution’’ on Energy and Commerce of the House of the Higher Education Act of 1965 (20 U.S.C. under section 322 of the Higher Education Representatives. 1059c(b)). Act of 1965 (20 U.S.C. 1061)), Hispanic-serving (b) ELEMENTS.—Each study and report ‘‘(b) GRANTS.— institutions, Tribal Colleges and Univer- under subsection (a) shall include an assess- ‘‘(1) IN GENERAL.—With respect to any eli- sities, Alaska Native-serving institutions ment of— gible Tribal College or University that iden- and Native Hawaiian-serving institutions, (1) the impact of institutional facility con- tifies a need for construction, the Secretary Predominantly Black institutions, Asian ditions on student and staff health and safe- shall, subject to the availability of appro- American and Native American Pacific Is- ty; priations, provide grants for that construc- lander-serving institutions, and Native (2) the impact of institutional facility con- tion in accordance with this section. American-serving nontribal institutions in ditions on student academic outcomes; ‘‘(2) NAVAJO TRIBE.—Notwithstanding sec- the same proportion as amounts are allo- (3) the condition of institutional facilities, tion 114(a), the Navajo Tribe may receive cated under section 371(b)(2) of the Higher set forth separately by geographic region; grants under this section. Education Act of 1965 (20 U.S.C. 1067q(b)(2)). and ‘‘(c) APPLICATION.—Each Tribal College or (3) USES OF FUNDS.—Notwithstanding any (4) the accessibility of institutional facili- University desiring a grant under this sec- other provision of law, amounts allocated ties for students and staff with disabilities. tion shall submit an application to the Sec- under this section shall be made available as Subtitle D—Environmental Justice retary at such time, in such manner, and grants to be used only for any of the fol- CHAPTER 1—DRINKING WATER AND containing such information as the Sec- lowing uses: CLEAN WATER PROGRAMS retary may require. (A) Purchase, rental, or lease of scientific SEC. 5401. SEWER OVERFLOW AND STORMWATER ‘‘(d) ELIGIBLE ACTIVITIES.—Activities eligi- or laboratory equipment for educational pur- REUSE MUNICIPAL GRANTS. ble for a grant under this section shall be ac- poses, including instructional and research Section 221 of the Federal Water Pollution tivities that address a wide variety of facili- purposes. Control Act (33 U.S.C. 1301) is amended— ties and infrastructure needs, including— (B) Construction, maintenance, renova- (1) in subsection (a)(1) — ‘‘(1) building of new facilities, including— tion, and improvement in classroom, library, (A) in subparagraph (A), by striking ‘‘and’’ ‘‘(A) classrooms; laboratory, and other instructional facili- at the end; ‘‘(B) administrative offices; ties, including purchase or rental of tele- (B) by redesignating subparagraph (B) as ‘‘(C) libraries; communications technology equipment or subparagraph (C); and ‘‘(D) health and cultural centers; services. (C) by inserting after subparagraph (A) the ‘‘(E) day care centers; (C) Purchase of library books, periodicals, following: ‘‘(F) technology centers; microfilm, and other educational materials, ‘‘(B) notification systems to inform the ‘‘(G) housing for students, faculty, and including telecommunications program ma- public of combined sewer or sanitary over- staff; and terials. flows that result in sewage being released ‘‘(H) other education-related facilities; (D) Funds and administrative manage- into rivers and other waters; and’’; and ‘‘(2) renovating or expanding existing or ment, and acquisition of equipment for use (2) in subsection (f)— acquired facilities; in strengthening funds management. (A) in paragraph (1)— ‘‘(3) providing new and existing facilities (E) Joint use of facilities, such as labora- (i) by striking ‘‘There is’’ and inserting with equipment, including— tories and libraries. ‘‘There are’’; ‘‘(A) laboratory equipment; (F) Acquisition of real property in connec- (ii) by striking the period at the end and ‘‘(B) computer infrastructure and equip- tion with the construction, renovation, or inserting ‘‘; and’’; ment; addition to or improvement of campus facili- (iii) by striking ‘‘this section $225,000,000’’ ‘‘(C) broadband infrastructure and equip- ties. and inserting the following: ‘‘this section— ment; (G) Creating or improving facilities for ‘‘(A) $225,000,000’’; and ‘‘(D) library books; and Internet or other distance education tech- (iv) by adding at the end the following: ‘‘(E) furniture; and nologies, including purchase or rental of ‘‘(B) $400,000,000 for each of fiscal years 2021 ‘‘(4) property acquisition. telecommunications technology equipment through 2023.’’; and ‘‘(e) NO MATCHING REQUIREMENT.—A recipi- or services. (B) in paragraph (2)— ent of a grant under this section shall not be (H) Other activities approved by the Sec- (i) by striking ‘‘To the extent’’ and insert- required to make a matching contribution retary to address infrastructure needs. ing the following: for Federal amounts received.’’. (b) APPLICABILITY OF TERMS AND CONDI- ‘‘(A) GREEN INFRASTRUCTURE.—To the ex- (b) MISCELLANEOUS PROVISIONS.—Section TIONS.—Except as specified in subsection tent’’; and 114 of the Tribally Controlled Colleges and (a)(3), the terms and conditions that apply to (ii) by adding at the end the following: Universities Assistance Act of 1978 (25 U.S.C. grants under section 371 of the Higher Edu- ‘‘(B) RURAL ALLOCATION.— 1814) is amended by striking subsection (a) cation Act of 1965 (20 U.S.C. 1067q) shall ‘‘(i) DEFINITION OF RURAL AREA.—In this and inserting the following: apply to grants made under this section. subparagraph, the term ‘rural area’ means a ‘‘(a) NAVAJO TRIBE.—Except as provided in (c) GENERAL PROVISIONS.—Any amount ap- city, town, or unincorporated area that has a section 113(b)(2), the Navajo Tribe shall not propriated under this section is in addition population of not more than 10,000 inhab- be eligible to participate under the provi- to other amounts appropriated or made itants. sions of this title.’’. available for the applicable purpose. ‘‘(ii) ALLOCATION.—To the extent there are (c) APPROPRIATIONS.—There is appro- SEC. 5335. STUDY AND REPORT ON THE PHYSICAL sufficient eligible project applications, the priated, out of amounts in the Treasury not CONDITION OF HBCUS AND TCUS. Administrator shall ensure that a State uses otherwise appropriated, $1,500,000,000 to the (a) STUDY AND REPORT.—Not less fre- not less than 20 percent of the amount of the Secretary of the Interior for the period of fis- quently than once in each 5-year period be- grants made to the State under subsection cal years 2021 through 2023 to provide grants ginning after the date of enactment of this (a) in a fiscal year to carry out projects in under section 113 of the Tribally Controlled Act, the Secretary of Education, acting rural areas for the purpose of planning, de- Colleges and Universities Assistance Act of through the Director of the Institute of Edu- sign, and construction of— 1978 (25 U.S.C. 1813). cation Sciences, and in consultation with the ‘‘(I) treatment works to intercept, trans- SEC. 5334. ADDITIONAL APPROPRIATIONS FOR Secretary of the Interior, shall— port, control, treat, or reuse municipal sewer HBCUS, TCUS, AND MINORITY-SERV- (1) carry out a comprehensive study of the overflows, sanitary sewer overflows, or ING INSTITUTIONS. physical conditions of all Historically Black stormwater; or (a) IN GENERAL.— Colleges and Universities (within the mean- ‘‘(II) any other measures to manage, re- (1) AMOUNTS APPROPRIATED.—There is ap- ing of the term ‘‘part B institution’’ under duce, treat, or recapture stormwater or sub- propriated to the Secretary of Education, section 322 of the Higher Education Act of surface drainage water eligible for assistance out of amounts in the Treasury not other- 1965 (20 U.S.C. 1061)) and Tribal Colleges and under section 603(c).’’.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7780 CONGRESSIONAL RECORD — SENATE December 18, 2020 SEC. 5402. CLEAN WATER INFRASTRUCTURE RE- of the publicly owned treatment works to an ually owned decentralized wastewater sys- SILIENCY AND SUSTAINABILITY anticipated natural hazard. tem; PROGRAM. ‘‘(e) GRANT AMOUNT AND OTHER FEDERAL ‘‘(ii) multiple examples of unsuitable site Title II of the Federal Water Pollution REQUIREMENTS.— conditions exist in close geographic prox- Control Act (33 U.S.C. 1281 et seq.) is amend- ‘‘(1) COST SHARE.—Except as provided in imity to each other; and ed by adding at the end the following: paragraph (2), a grant under the program ‘‘(iii) a larger decentralized wastewater ‘‘SEC. 222. CLEAN WATER INFRASTRUCTURE RE- shall not exceed 75 percent of the total cost system could be cost-effectively installed. SILIENCY AND SUSTAINABILITY of the proposed project. PROGRAM. ‘‘(2) APPLICATION.—To be eligible to receive ‘‘(2) EXCEPTION.— ‘‘(a) DEFINITIONS.—In this section: a grant under this subsection, a private non- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible profit organization shall submit to the Ad- subparagraph (B), a grant under the program entity’ means— ministrator an application at such time, in ‘‘(A) a municipality; or shall not exceed 90 percent of the total cost such manner, and containing such informa- ‘‘(B) an intermunicipal, interstate, or of the proposed project if the project serves tion as the Administrator determines to be State agency. a community that— appropriate. ‘‘(i) is disproportionately affected by toxic ‘‘(2) NATURAL HAZARD.—The term ‘natural ‘‘(3) PRIORITY.—In awarding grants under hazard’ means a hazard caused by natural pollution; and this subsection, the Administrator shall give forces, including extreme weather events, ‘‘(ii)(I) has a population of fewer than priority to applicants that have substantial sea-level rise, and extreme drought condi- 10,000 individuals; or expertise and experience in promoting the tions. ‘‘(II) meets the affordability criteria estab- safe and effective use of individual household ‘‘(3) PROGRAM.—The term ‘program’ means lished by the State in which the community decentralized wastewater systems. the clean water infrastructure resilience and is located under section 603(i)(2). ‘‘(4) ADMINISTRATIVE EXPENSES.—A private sustainability program established under ‘‘(B) WAIVER.—At the discretion of the Ad- nonprofit organization may use amounts subsection (b). ministrator, a grant for a project described provided under this subsection to pay the ad- ‘‘(b) ESTABLISHMENT.—Subject to the avail- in subparagraph (A) may cover 100 percent of ministrative expenses associated with the ability of appropriations, the Administrator the total cost of the proposed project. provision of the services described in para- shall establish a clean water infrastructure ‘‘(3) REQUIREMENTS.—The requirements of graph (1), as the Administrator determines resilience and sustainability program under section 608 shall apply to a project funded to be appropriate. which the Administrator shall award grants with a grant under the program. ‘‘(c) ASSISTANCE.— to eligible entities for the purpose of increas- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), ing the resilience of publicly owned treat- ‘‘(1) IN GENERAL.—There are authorized to a private nonprofit organization shall use a ment works to a natural hazard. be appropriated to carry out this section— grant provided under subsection (b) for the ‘‘(c) USE OF FUNDS.—An eligible entity that ‘‘(A) $333,000,000 for each of fiscal years 2021 services described in paragraph (1) of that receives a grant under the program shall use and 2022; and subsection. the grant funds for planning, designing, or ‘‘(B) $334,000,000 for fiscal year 2023. ‘‘(2) APPLICATION.—To be eligible to receive constructing projects (on a system-wide or ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the the services described in subsection (b)(1), an area-wide basis and including upgrades and amounts made available for grants under eligible individual shall submit to the pri- retrofits) that increase the resilience of a paragraph (1), not more than 2 percent may vate nonprofit organization serving the area publicly owned treatment works to a natural be used to pay the administrative costs of in which the individual household decentral- hazard through— the Administrator.’’. ized wastewater system of the eligible indi- ‘‘(1) the conservation of water; SEC. 5403. GRANTS FOR CONSTRUCTION, REFUR- viduals is, or is proposed to be, located an ‘‘(2) the enhancement of water use effi- BISHING, AND SERVICING OF INDI- application at such time, in such manner, ciency; VIDUAL HOUSEHOLD DECENTRAL- and containing such information as the pri- ‘‘(3) the enhancement of wastewater and IZED WASTEWATER SYSTEMS FOR vate nonprofit organization determines to be INDIVIDUALS WITH LOW OR MOD- stormwater management by increasing wa- appropriate. tershed preservation and protection, includ- ERATE INCOME. Title II of the Federal Water Pollution ‘‘(3) PRIORITY.—In awarding assistance ing through the use of— under this subsection, a private nonprofit or- ‘‘(A) natural and engineered green infra- Control Act (33 U.S.C. 1281 et seq.) (as amended by section 5402) is amended by add- ganization shall give priority to any eligible structure; and individual who does not have access to a san- ‘‘(B) reclamation and reuse of wastewater ing at the end the following: ‘‘SEC. 223. GRANTS FOR CONSTRUCTION, REFUR- itary sewage disposal system. and stormwater, such as aquifer recharge ‘‘(d) REPORT.—Not later than 2 years after zones; BISHING, AND SERVICING OF INDI- VIDUAL HOUSEHOLD DECENTRAL- the date of enactment of this section, the ‘‘(4) the modification or relocation of an IZED WASTEWATER SYSTEMS FOR Administrator shall submit to the Com- existing publicly owned treatment works INDIVIDUALS WITH LOW OR MOD- mittee on Environment and Public Works of that is at risk of being significantly im- ERATE INCOME. the Senate and the Committee on Transpor- paired or damaged by a natural hazard; ‘‘(a) DEFINITION OF ELIGIBLE INDIVIDUAL.— tation and Infrastructure of the House of ‘‘(5) the development and implementation In this section, the term ‘eligible individual’ Representatives a report describing the re- of projects to increase the resilience of pub- means a member of a low-income or mod- cipients of grants under the program under licly owned treatment works to a natural erate-income household, the members of this section and the results of the program hazard; or which have a combined income (for the most under this section. ‘‘(6) the enhancement of energy efficiency recent 12-month period for which informa- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— or the use and generation of recovered or re- tion is available) equal to not more than 50 ‘‘(1) IN GENERAL.—There is authorized to be newable energy in the management, treat- percent of the median nonmetropolitan appropriated to the Administrator to carry ment, or conveyance of wastewater or household income for the State or territory out this section $50,000,000 for each of fiscal stormwater. in which the household is located, according years 2021 through 2023. ‘‘(d) APPLICATION.—To be eligible to re- to the most recent decennial census. ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the ceive a grant under the program, an eligible ‘‘(b) GRANT PROGRAM.— amounts made available for grants under entity shall submit to the Administrator an ‘‘(1) IN GENERAL.—Subject to the avail- paragraph (1), not more than 2 percent may application at such time, in such manner, ability of appropriations, the Administrator be used to pay the administrative costs of and containing such information as the Ad- shall establish a program under which the the Administrator.’’. ministrator may require, including— Administrator shall provide grants to pri- SEC. 5404. CONNECTION TO PUBLICLY OWNED ‘‘(1) a proposal of the project to be planned, vate nonprofit organizations for the purpose TREATMENT WORKS. designed, or constructed using funds under of improving general welfare by providing Title II of the Federal Water Pollution the program; assistance to eligible individuals— Control Act (33 U.S.C. 1281 et seq.) (as ‘‘(2) an identification of the natural hazard ‘‘(A) for the construction, repair, or re- amended by section 5403) is amended by add- risk to be addressed by the proposed project; placement of an individual household decen- ing at the end the following: ‘‘(3) documentation prepared by a Federal, tralized wastewater treatment system; ‘‘SEC. 224. CONNECTION TO PUBLICLY OWNED State, regional, or local government agency ‘‘(B) if the eligible individual resides in a TREATMENT WORKS. of the natural hazard risk of the area where household that could be cost-effectively con- ‘‘(a) DEFINITIONS.—In this section: the proposed project is to be located; nected to an available publicly owned treat- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(4) a description of any recent natural ment works, for the connection of the house- entity’ means— hazard events that have affected the publicly hold of the eligible individual to the publicly ‘‘(A) an owner or operator of a publicly owned treatment works; owned treatment works; or owned treatment works that assists or is ‘‘(5) a description of how the proposed ‘‘(C) for the installation of a larger decen- seeking to assist low-income or moderate-in- project would improve the performance of tralized wastewater system designed to pro- come individuals with connecting the house- the publicly owned treatment works under vide treatment for 2 or more households in hold of the individual to the publicly owned an anticipated natural hazard; and which eligible individuals reside, if— treatment works; or ‘‘(6) an explanation of how the proposed ‘‘(i) site conditions at the households are ‘‘(B) a nonprofit entity that assists low-in- project is expected to enhance the resilience unsuitable for the installation of an individ- come or moderate-income individuals with

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7781 the costs associated with connecting the SEC. 5405. WATER POLLUTION CONTROL REVOLV- Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is household of the individual to a publicly ING LOAN FUND CAPITALIZATION amended to read as follows: owned treatment works. GRANTS. ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) PROGRAM.—The term ‘program’ means Section 602(b) of the Federal Water Pollu- There are authorized to be appropriated to the competitive grant program established tion Control Act (33 U.S.C. 1382(b)) is amend- carry out this subsection— under subsection (b). ed— ‘‘(A) $350,000,000 for fiscal year 2021; ‘‘(3) QUALIFIED INDIVIDUAL.—The term (1) in paragraph (13)(B)— ‘‘(B) $400,000,000 for fiscal year 2022; and ‘qualified individual’ has the meaning given (A) in the matter preceding clause (i), by ‘‘(C) $450,000,000 for fiscal year 2023.’’. the term ‘eligible individual’ in section striking ‘‘and energy conservation’’ and in- (b) STATE RESPONSE PROGRAMS.—Section 603(j). serting ‘‘and efficient energy use (including 128(a)(3) of the Comprehensive Environ- ‘‘(b) ESTABLISHMENT.—Subject to the avail- through the implementation of technologies mental Response, Compensation, and Liabil- ability of appropriations, the Administrator to recapture and reuse energy produced in ity Act of 1980 (42 U.S.C. 9628(a)(3)) is amend- shall establish a competitive grant program the treatment of wastewater)’’; and ed to read as follows: with the purpose of improving general wel- (B) in clause (iii), by striking ‘‘and’’ at the ‘‘(3) FUNDING.—There are authorized to be fare, under which the Administrator awards end; appropriated to carry out this subsection— grants to eligible entities to provide funds to (2) in paragraph (14), by striking the period ‘‘(A) $70,000,000 for fiscal year 2021; assist qualified individuals in covering the at the end and inserting ‘‘; and’’ ; and ‘‘(B) $80,000,000 for fiscal year 2022; and costs incurred by the qualified individual in (3) by adding at the end the following: ‘‘(C) $90,000,000 for fiscal year 2023.’’. connecting the household of the qualified in- ‘‘(15) to the extent there are sufficient SEC. 5409. TECHNICAL ASSISTANCE AND GRANTS projects or activities eligible for assistance FOR EMERGENCIES AFFECTING dividual to a publicly owned treatment PUBLIC WATER SYSTEMS. works. from the fund, with respect to funds for cap- italization grants received by the State Section 1442 of the Safe Drinking Water ‘‘(c) APPLICATION.— under this title and section 205(m), the State Act (42 U.S.C. 300j–1) is amended— ‘‘(1) IN GENERAL.—An eligible entity seek- will use not less than 15 percent of such (1) in subsection (b), in the first sentence, ing a grant under the program shall submit by inserting ‘‘, including a threat to public to the Administrator an application at such funds for projects to address green infra- structure, water or energy efficiency im- health resulting from contaminants, such as, time, in such manner, and containing such but not limited to, heightened exposure to information as the Administrator may by provements, or other environmentally inno- vative activities.’’. lead in drinking water’’ after ‘‘public regulation require. health’’; ‘‘(2) REQUIREMENT.—Not later than 90 days SEC. 5406. WATER POLLUTION CONTROL REVOLV- (2) by striking subsection (d) and inserting ING LOAN FUNDS. after the date on which the Administrator the following: receives an application from an eligible enti- Section 603(i) of the Federal Water Pollu- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ty under paragraph (1), the Administrator tion Control Act (33 U.S.C. 1383(i)) is amend- There is authorized to be appropriated to shall notify the eligible entity of whether ed— carry out subsection (b) $35,000,000 for each the Administrator will award a grant to the (1) in paragraph (1)— of fiscal years 2021 through 2023.’’; eligible entity under the program. (A) in the matter preceding subparagraph (3) in subsection (e)(5), by striking ‘‘2015 ‘‘(d) SELECTION CRITERIA.—In selecting re- (A), by striking ‘‘, including forgiveness of through 2020’’ and inserting ‘‘2021 through cipients of grants under the program, the principal and negative interest loans’’ and 2023’’; Administrator shall use the following cri- inserting ‘‘(including in the form of forgive- (4) by redesignating subsection (f) as sub- teria: ness of principal, negative interest loans, or section (g); and ‘‘(1) Whether the eligible entity seeking a grants)’’; and (5) by inserting after subsection (e) the fol- grant provides services to, or works directly (B) in subparagraph (A)— lowing: with, qualified individuals. (i) in the matter preceding clause (i), by ‘‘(f) STATE-BASED NONPROFIT ORGANIZA- ‘‘(2) Whether the eligible entity seeking a striking ‘‘in assistance’’; and TIONS.—The Administrator may provide grant— (ii) in clause (ii)(III), by striking ‘‘to such technical assistance consistent with the au- ‘‘(A) has an existing program to assist in ratepayers’’ and inserting ‘‘to help such rate- thority provided under subsection (e) to covering the costs incurred in connecting a payers maintain access to wastewater and State-based nonprofit organizations that are household to a publicly owned treatment stormwater treatment services’’; and governed by community water systems.’’. works; or (2) by striking paragraph (3) and inserting SEC. 5410. GRANTS FOR STATE PROGRAMS. ‘‘(B) seeks to create a program described in the following: Section 1443(a)(7) of the Safe Drinking subparagraph (A). ‘‘(3) SUBSIDIZATION AMOUNTS.— Water Act (42 U.S.C. 300j–2(a)(7)) is amended ‘‘(A) IN GENERAL.—A State may use, for by striking ‘‘and 2021’’ and inserting ‘‘(e) REQUIREMENTS.— providing additional subsidization in a fiscal ‘‘through 2023’’. ‘‘(1) VOLUNTARY CONNECTION.—Before pro- viding funds to a qualified individual for the year under this subsection, an amount that SEC. 5411. DRINKING WATER STATE REVOLVING LOAN FUNDS. costs described in subsection (b), an eligible does not exceed— (a) REAUTHORIZATIONS.—Section 1452 of the entity shall ensure that— ‘‘(i) during each of fiscal years 2021 through Safe Drinking Water Act (42 U.S.C. 300j–12) is ‘‘(A) the qualified individual has connected 2023, 40 percent of the total amount received by the State in capitalization grants under amended— to the publicly owned treatment works vol- (1) in subsection (a)(4)(A), by striking untarily; and this title for the fiscal year; and ‘‘(ii) during fiscal year 2024 and each fiscal ‘‘During fiscal years 2019 through 2023, ‘‘(B) if the eligible entity is not the owner funds’’ and inserting ‘‘Funds’’; or operator of the publicly owned treatment year thereafter, 30 percent of the total amount received by the State in capitaliza- (2) in subsection (m)(1)— works to which the qualified individual has (A) in subparagraph (B), by striking ‘‘and’’; connected, the publicly owned treatment tion grants under this title for the fiscal year. and works to which the qualified individual has (B) by striking subparagraph (C) and in- connected has agreed to the connection. ‘‘(B) MINIMUM.—To the extent there are sufficient applications for additional sub- serting the following: ‘‘(2) REIMBURSEMENTS FROM PUBLICLY sidization under this subsection that meet ‘‘(C) $3,000,000,000 for each of fiscal years OWNED TREATMENT WORKS.—An eligible enti- the criteria under paragraph (1)(A), a State 2021 and 2022; and ty that is an owner or operator of a publicly ‘‘(D) $4,000,000,000 for fiscal year 2023.’’; and owned treatment works may reimburse a shall use, for providing additional subsidiza- tion in a fiscal year under this subsection, an (3) in subsection (q), by striking ‘‘2016 qualified individual that has already in- through 2021’’ and inserting ‘‘2021 through curred the costs described in subsection (b) amount that is not less than 10 percent of the total amount received by the State in 2023’’. by— (b) ASSISTANCE FOR DISADVANTAGED COM- capitalization grants under this title for the ‘‘(A) reducing the amount otherwise owed MUNITIES.—Section 1452(d) of the Safe Drink- fiscal year.’’. by the qualified individual to the owner or ing Water Act (42 U.S.C. 300j–12(d)) is amend- operator for wastewater or other services SEC. 5407. AUTHORIZATION OF APPROPRIATIONS ed— provided by the owner or operator; or FOR WATER POLLUTION CONTROL (1) in paragraph (1), by inserting ‘‘, grants, STATE REVOLVING FUNDS. ‘‘(B) providing a direct payment to the negative interest loans, other loan forgive- Title VI of the Federal Water Pollution qualified individual. ness, and through buying, refinancing, or re- Control Act (33 U.S.C. 1381 et seq.) is amend- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— structuring debt’’ after ‘‘forgiveness of prin- ed by adding at the end the following: ‘‘(1) IN GENERAL.—There is authorized to be cipal’’; and appropriated to carry out the program ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. (2) in paragraph (2)(B), by striking ‘‘6 per- $40,000,000 for each of fiscal years 2021 ‘‘There is authorized to be appropriated to cent’’ and inserting ‘‘20 percent’’. through 2023. carry out this title $3,000,000,000 for each of SEC. 5412. SOURCE WATER PETITION PROGRAM. ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the fiscal years 2021 through 2023.’’. Section 1454(a) of the Safe Drinking Water amounts made available for grants under SEC. 5408. BROWNFIELDS FUNDING. Act (42 U.S.C. 300j–14(a)) is amended— paragraph (1), not more than 2 percent may (a) AUTHORIZATION OF APPROPRIATIONS.— (1) in paragraph (1)(A), in the matter pre- be used to pay the administrative costs of Section 104(k)(13) of the Comprehensive En- ceding clause (i), by striking ‘‘political sub- the Administrator.’’. vironmental Response, Compensation, and division of a State,’’ and inserting ‘‘political

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subdivision of a State (including a county ‘‘(A) IN GENERAL.—Subject to subparagraph priated to carry out subsections (a) through that is designated by the State to act on be- (B), with respect to a program or project (j) $50,000,000 for each of fiscal years 2021 half of an unincorporated area within that that serves an underserved community and through 2023 in accordance with paragraph county, with the agreement of that unincor- is carried out using a grant under this sub- (2). porated area),’’; section, the Federal share of the cost of the ‘‘(2) COMPETITIVE GRANTS.— (2) in paragraph (4)(D)(i), by inserting ‘‘(in- program or project shall be 90 percent. ‘‘(A) IN GENERAL.—Notwithstanding any cluding a county that is designated by the ‘‘(B) WAIVER.—The Administrator may in- other provision of this section, the Adminis- State to act on behalf of an unincorporated crease the Federal share under subparagraph trator shall distribute amounts made avail- area within that county)’’ after ‘‘of the (A)(ii) to 100 percent. able under paragraph (1) to States through a State’’; and ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— competitive grant program. (3) by adding at the end the following: There are authorized to be appropriated to ‘‘(B) APPLICATIONS.—To seek a grant under ‘‘(5) SAVINGS PROVISION.—Unless otherwise carry out this subsection— the competitive grant program under sub- provided within the agreement, an agree- ‘‘(A) $150,000,000 for each of fiscal years 2021 paragraph (A), a State shall submit to the ment between an unincorporated area and a and 2022; and Administrator an application at such time, county for the county to submit a petition ‘‘(B) $200,000,000 for fiscal year 2023.’’. in such manner, and containing such infor- under paragraph (1)(A) on behalf of the unin- (b) CONNECTION TO PUBLIC WATER SYS- mation as the Administrator may require. corporated area shall not authorize the coun- TEMS.—Section 1459A of the Safe Drinking ‘‘(C) PRIORITIZATION.—In selecting recipi- ty to act on behalf of the unincorporated Water Act (42 U.S.C. 300j–19a) is amended by ents of grants under the competitive grant area in any matter not within a program adding at the end the following: program under subparagraph (A), the Admin- under this section.’’. ‘‘(m) CONNECTION TO PUBLIC WATER SYS- istrator shall give priority to States with a SEC. 5413. ASSISTANCE FOR SMALL AND DIS- TEMS.— high proportion of underserved communities ADVANTAGED COMMUNITIES. ‘‘(1) DEFINITIONS.—In this subsection: that meet the condition described in sub- (a) EXISTING PROGRAMS.—Section 1459A of ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible section (a)(2)(A). entity’ means— the Safe Drinking Water Act (42 U.S.C. 300j– ‘‘(3) SAVINGS PROVISION.—Nothing in this 19a) is amended— ‘‘(i) an owner or operator of a public water paragraph affects the distribution of (1) in subsection (b)(2)— system that assists or is seeking to assist el- amounts made available under subsection (A) in subparagraph (B), by striking ‘‘and’’ igible individuals with connecting the house- (k), including any methods used by the Ad- at the end; hold of the eligible individual to the public ministrator for distribution of amounts (B) in subparagraph (C), by striking the pe- water system; or made available under that subsection as in riod at the end and inserting a semicolon; ‘‘(ii) a nonprofit entity that assists or is effect on the day before the date of enact- and seeking to assist eligible individuals with ment of this subsection.’’. (C) by adding at the end the following: the costs associated with connecting the ‘‘(D) the purchase of point-of-entry or household of the eligible individual to a pub- SEC. 5414. REDUCING LEAD IN DRINKING WATER. point-of-use filters that are independently lic water system. Section 1459B of the Safe Drinking Water certified using science-based test methods ‘‘(B) ELIGIBLE INDIVIDUAL.—The term ‘eligi- Act (42 U.S.C. 300j–19b) is amended— for the removal of contaminants of concern; ble individual’ has the meaning given the (1) in subsection (d)— ‘‘(E) investments necessary for providing term in section 603(j) of the Federal Water (A) by inserting ‘‘(except for subsection accurate and current information about— Pollution Control Act (33 U.S.C. 1383(j)). (d))’’ after ‘‘this section’’; and ‘‘(i) the need for filtration, filter safety, ‘‘(C) PROGRAM.—The term ‘program’ means (B) by striking ‘‘$60,000,000 for each of fis- and proper maintenance practices; and the competitive grant program established cal years 2017 through 2021’’ and inserting ‘‘(ii) the options for replacing lead service under paragraph (2). ‘‘$4,500,000,000 for each of fiscal years 2021 lines (as defined section 1459B(a)) and remov- ‘‘(2) ESTABLISHMENT.—Subject to the avail- through 2023’’; ing other sources of lead in water; and ability of appropriations, the Administrator (2) by redesignating subsections (d) and (e) ‘‘(F) entering into contracts with nonprofit shall establish a competitive grant program as subsections (f) and (g), respectively; and organizations that have water system tech- for the purpose of improving the general wel- (3) by inserting after subsection (c) the fol- nical expertise to assist underserved commu- fare under which the Administrator awards lowing: nities. grants to eligible entities to provide funds to ‘‘(d) LEAD MAPPING UTILIZATION GRANT ‘‘(3) CONTRACTING PARTIES.—A contract de- assist eligible individuals in covering the PILOT PROGRAM.— scribed in paragraph (2)(F) may be between a costs incurred by the eligible individual in ‘‘(1) DEFINITIONS.—In this subsection: nonprofit organization described in that connecting the household of the eligible indi- ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible paragraph and— vidual to a public water system. entity’ means a municipality that is served ‘‘(A) an eligible entity; or ‘‘(3) APPLICATION.—An eligible entity seek- by a community water system or a nontran- ‘‘(B) the State of an eligible entity, on be- ing a grant under the program shall submit sient noncommunity water system in which half of that eligible entity.’’; to the Administrator an application at such not less than 30 percent of the service lines (2) in subsection (c), in the matter pre- time, in such manner, and containing such are known, or likely to contain, lead service ceding paragraph (1), by striking ‘‘An eligi- information as the Administrator may re- lines. ble entity’’ and inserting ‘‘Except for pur- quire. ‘‘(B) PILOT PROGRAM.—The term ‘pilot pro- poses of subsections (j) and (m), an eligible ‘‘(4) VOLUNTARY CONNECTION.—Before pro- gram’ means the pilot program established entity’’; viding funds to an eligible individual for the under paragraph (2). (3) in subsection (g)(1), by striking ‘‘to pay costs described in paragraph (2), an eligible ‘‘(2) ESTABLISHMENT.—The Administrator not less than 45 percent’’ and inserting ‘‘ex- entity shall ensure that— shall establish a pilot program under which cept as provided in subsection (l)(5) and sub- ‘‘(A) the eligible individual is voluntarily the Administrator shall provide grants to el- ject to subsection (h), to pay not less than 10 seeking connection to the public water sys- igible entities to carry out lead reduction percent’’; tem; projects that are demonstrated to exist (4) by striking subsection (h) and inserting ‘‘(B) if the eligible entity is not the owner based on existing lead mapping of those eli- the following: or operator of the public water system to gible entities. ‘‘(h) WAIVER.—The Administrator may which the eligible individual seeks to con- ‘‘(3) SELECTION.— waive the requirement under subsection nect, the public water system to which the ‘‘(A) APPLICATION.—To be eligible to re- (g)(1).’’; eligible individual seeks to connect has ceive a grant under the pilot program, an eli- (5) by striking subsection (k) and inserting agreed to the connection; and gible entity shall submit to the Adminis- the following: ‘‘(C) the connection of the household of the trator an application at such time, in such ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— eligible individual to the public water sys- manner, and containing such information as There is authorized to be appropriated to tem meets all applicable local and State reg- the Administrator may require. carry out subsections (a) through (j) ulations, requirements, and codes. ‘‘(B) PRIORITIZATION.—In selecting recipi- $300,000,000 for each of fiscal years 2021 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ents under the pilot program, the Adminis- through 2023.’’; and There is authorized to be appropriated to trator shall give priority to an eligible enti- (6) in subsection (l)— carry out the program $40,000,000 for each of ty that meets the affordability criteria es- (A) in paragraph (2)— fiscal years 2021 through 2023.’’. tablished by the applicable State. (i) by striking ‘‘The Administrator may’’ (c) COMPETITIVE GRANT PILOT PROGRAM.— ‘‘(4) REPORT.—Not later 2 years after the and inserting ‘‘The Administrator shall’’; Section 1459A of the Safe Drinking Water Administrator first awards a grant under the and Act (42 U.S.C. 300j–19a) (as amended by sub- pilot program, the Administrator shall sub- (ii) by striking ‘‘fiscal years 2019 and 2020’’ section (b)) is amended by adding at the end mit to the Committee on Environment and and inserting ‘‘fiscal years 2021 through the following: Public Works of the Senate and the Com- 2023’’; ‘‘(n) STATE COMPETITIVE GRANTS FOR UN- mittee on Energy and Commerce of the (B) by striking paragraph (5) and inserting DERSERVED COMMUNITIES.— House of Representatives a report describ- the following: ‘‘(1) IN GENERAL.—In addition to amounts ing— ‘‘(5) FEDERAL SHARE FOR UNDERSERVED COM- authorized to be appropriated under sub- ‘‘(A) the recipients of grants under the MUNITIES.— section (k), there is authorized to be appro- pilot program;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7783 ‘‘(B) the existing lead mapping that was entity shall submit to the Administrator an SEC. 5416. DRINKING WATER SYSTEM INFRA- available to recipients of grants under the application at such time, in such manner, STRUCTURE RESILIENCE AND SUS- pilot program; and and containing such information as the Ad- TAINABILITY PROGRAM. ‘‘(C) how useful and accurate the lead map- ministrator may require, including— Part E of the Safe Drinking Water Act (42 ping described in subparagraph (B) was in lo- ‘‘(1) a proposal of the project to be carried U.S.C. 300j et seq.) (as amended by section cating lead contaminants of the eligible en- out using grant funds under the program; 5415) is amended by adding at the end the fol- tity. ‘‘(2) documentation prepared by the eligi- lowing: ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ble entity describing the deficiencies or sus- ‘‘SEC. 1459F. DRINKING WATER SYSTEM INFRA- There is authorized to be appropriated to pected deficiencies in operational sustain- STRUCTURE RESILIENCE AND SUS- TAINABILITY PROGRAM. carry out the pilot program $10,000,000, to re- ability of 1 or more small systems that are ‘‘(a) DEFINITIONS.—In this section: main available until expended. to be addressed through the proposed ‘‘(1) NATURAL HAZARD; RESILIENCE.—The ‘‘(e) COMPREHENSIVE LEAD REDUCTION project; terms ‘resilience’ and ‘natural hazard’ have PROJECTS.— ‘‘(3) a description of how the proposed the meanings given those terms in section ‘‘(1) GRANTS.—The Administrator shall project will improve the operational sustain- 1433(h). make grants available under this subsection ability of 1 or more small systems; ‘‘(2) RESILIENCE AND SUSTAINABILITY PRO- to eligible entities for comprehensive lead ‘‘(4) a description of how the improvements GRAM.—The term ‘resilience and sustain- reduction projects that, notwithstanding any described in paragraph (3) will be maintained ability program’ means the Drinking Water other provision in this section, fully replace beyond the life of the proposed project, in- System Infrastructure Resilience and Sus- all lead service lines served by the eligible cluding a plan to maintain and update any tainability Program established under sub- entity, irrespective of the ownership of the asset data collected as a result of the pro- service line. section (b). posed project; ‘‘(b) ESTABLISHMENT.—The Administrator ‘‘(2) PRIORITY.—In making grants under ‘‘(5)(A) if the eligible entity is located in a paragraph (1), the Administrator shall give shall establish and carry out a program, to State that has established a State drinking be known as the ‘Drinking Water System In- priority to eligible entities serving— water treatment revolving loan fund under ‘‘(A) disadvantaged communities in accord- frastructure Resilience and Sustainability section 1452, a copy of a written agreement Program’, under which the Administrator, ance with subsection (b)(3); between the eligible entity and the State in ‘‘(B) environmental justice communities subject to the availability of appropriations which the eligible entity agrees to provide a for the resilience and sustainability pro- with significant representation of commu- copy of any data collected under the pro- nities of color or low-income communities; gram, shall award grants to public water sys- posed project to the State agency admin- tems for the purpose of increasing resilience or istering the State drinking water treatment ‘‘(C) Tribal and indigenous communities to natural hazards. revolving loan fund (or a designee); or ‘‘(c) USE OF FUNDS.—A public water system that experience, or are at risk of experi- ‘‘(B) if the eligible entity is located in an may only use grant funds received under the encing, higher or more adverse human health area other than a State that has established resilience and sustainability program to as- or environmental effects. a State drinking water treatment revolving sist in the planning, design, construction, ‘‘(3) NO COST-SHARING.—The Federal share loan fund under section 1452, a copy of a implementation, operation, or maintenance of the cost of a project carried out pursuant written agreement between the eligible enti- of a program or project that increases resil- to this subsection shall be 100 percent, and ty and the Administrator in which the eligi- ience to natural hazards through— no individual homeowner shall be required to ble entity agrees to provide a copy of any ‘‘(1) the conservation of water or the en- provide a contribution to the cost of replace- data collected under the proposed project to hancement of water-use efficiency; ment of any portion of a service line re- the Administrator (or a designee); and ‘‘(2) the modification or relocation of exist- placed using a grant under this subsection.’’. ‘‘(6) any additional information the Admin- ing drinking water system infrastructure SEC. 5415. OPERATIONAL SUSTAINABILITY OF istrator may require. made, or that is at risk of being, signifi- SMALL PUBLIC WATER SYSTEMS. Part E of the Safe Drinking Water Act (42 ‘‘(d) USE OF FUNDS.—An eligible entity cantly impaired by natural hazards, includ- U.S.C. 300j et seq.) is amended by adding at that receives a grant under the program ing risks to drinking water from flooding; the end the following: shall use the grant funds to carry out ‘‘(3) the design or construction of new or modified desalination facilities to serve ex- ‘‘SEC. 1459E. OPERATIONAL SUSTAINABILITY OF projects that improve the operational sus- SMALL PUBLIC WATER SYSTEMS. tainability of 1 or more small systems isting communities; ‘‘(a) DEFINITIONS.—In this section: through— ‘‘(4) the enhancement of water supply ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(1) the development of a detailed asset in- through the use of watershed management entity’ means— ventory, which may include drinking water and source water protection; ‘‘(A) a unit of local government; sources, wells, storage, valves, treatment ‘‘(5) the enhancement of energy efficiency ‘‘(B) a public corporation established by a systems, distribution lines, hydrants, pumps, or the use and generation of renewable en- unit of local government to provide water controls, and other essential infrastructure; ergy in the conveyance or treatment of service; ‘‘(2) the development of an infrastructure drinking water; or ‘‘(C) a nonprofit corporation, public trust, asset map, including a map that uses tech- ‘‘(6) the development and implementation or cooperative association that owns or oper- nology such as— of measures to increase the resilience of the ates a public water system; and ‘‘(A) geographic information system soft- public water system to natural hazards. ‘‘(D) an Indian Tribe that owns or operates ware; and ‘‘(d) APPLICATION.—To seek a grant under a public water system. ‘‘(B) global positioning system software; the resilience and sustainability program, a ‘‘(2) OPERATIONAL SUSTAINABILITY.—The ‘‘(3) the deployment of leak detection tech- public water system shall submit to the Ad- term ‘operational sustainability’ means the nology; ministrator an application at such time, in ability to improve the operation of a small ‘‘(4) the deployment of metering tech- such manner, and containing such informa- system through the identification and pre- nology; tion as the Administrator may require, in- vention of potable water loss due to leaks, ‘‘(5) training in asset management strate- cluding— breaks, and other metering or infrastructure gies, techniques, and technologies appro- ‘‘(1) a proposal of the program or project to failures. priate staff employed by— be planned, designed, constructed, imple- ‘‘(3) PROGRAM.—The term ‘program’ means ‘‘(A) the eligible entity; or mented, operated, or maintained by the pub- the grant program established under sub- ‘‘(B) the small systems for which the grant lic water system; section (b). was received; and ‘‘(2) an identification of the natural hazard ‘‘(4) SMALL SYSTEM.—The term ‘small sys- ‘‘(6) the development or deployment of risk to be addressed by the proposed program tem’ means a public water system that— other strategies, techniques, or technologies or project; ‘‘(A) serves fewer than 10,000 people; and that the Administrator may determine to be ‘‘(3) documentation prepared by a Federal, ‘‘(B) is owned or operated by— appropriate under the program. State, regional, or local government agency of the natural hazard risk to the area where ‘‘(i) a unit of local government; ‘‘(e) COST SHARE.— ‘‘(ii) a public corporation; the proposed program or project is to be lo- ‘‘(1) IN GENERAL.—Subject to paragraph (2), cated; ‘‘(iii) a nonprofit corporation; the Federal share of the cost of a project car- ‘‘(iv) a public trust; ‘‘(4) a description of any recent natural ried out using a grant under the program hazard events that have affected the public ‘‘(v) a cooperative association; or shall be 90 percent of the total cost of the ‘‘(vi) an Indian Tribe. water system; project. ‘‘(5) a description of how the proposed pro- ‘‘(b) ESTABLISHMENT.—Subject to the avail- ‘‘(2) WAIVER.—The Administrator may in- ability of appropriations, the Administrator gram or project would improve the perform- crease the Federal share under paragraph (1) ance of the public water system under the shall establish a program to award grants to to 100 percent. eligible entities for the purpose of improving anticipated natural hazards; and the operational sustainability of 1 or more ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(6) an explanation of how the proposed small systems. There is authorized to be appropriated to program or project is expected to enhance ‘‘(c) APPLICATIONS.—To be eligible to re- carry out this section $10,000,000 for each of the resilience of the public water system to ceive a grant under the program, an eligible fiscal years 2021 through 2023.’’. the anticipated natural hazards.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7784 CONGRESSIONAL RECORD — SENATE December 18, 2020

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (A) in paragraph (2)— (A) by striking ‘‘There is’’ and inserting There are authorized to be appropriated to (i) in subparagraph (A)— ‘‘There are’’; carry out the resilience and sustainability (I) by inserting ‘‘, public water systems (B) by striking ‘‘subsection (a) $20,000,000’’ program— that serve schools and child care programs and inserting the following: ‘‘subsection (a)— ‘‘(1) $150,000,000 for each of fiscal years 2021 under the jurisdiction of those local edu- ‘‘(1) $20,000,000’’; and 2022; and cational agencies, and qualified nonprofit or- (C) in paragraph (1) (as so designated), by ‘‘(2) $200,000,000 for fiscal year 2023.’’. ganizations’’ before ‘‘in voluntary’’; striking ‘‘2022’’ and inserting ‘‘2020’’; and SEC. 5417. NEEDS ASSESSMENT FOR NATIONWIDE (II) by striking the period at the end and (D) by adding at the end the following: RURAL AND URBAN LOW-INCOME inserting ‘‘; and’’; ‘‘(2) $50,000,000 for each of fiscal years 2021 COMMUNITY WATER ASSISTANCE. (III) by striking ‘‘grants available to through 2023.’’. Part E of the Safe Drinking Water Act (42 States’’ and inserting the following: ‘‘grants SEC. 5420. WATER INFRASTRUCTURE AND WORK- U.S.C. 300j et seq.) (as amended by section available to— FORCE INVESTMENT. 5416) is amended by adding at the end the fol- ‘‘(i) States’’; and Section 4304 of the America’s Water Infra- lowing: (IV) by adding at the end the following: structure Act of 2018 (42 U.S.C. 300j–19e) is ‘‘SEC. 1459G. NEEDS ASSESSMENT FOR NATION- ‘‘(ii) tribal consortia to assist tribal edu- amended— WIDE RURAL AND URBAN LOW-IN- cation agencies (as defined in section 3 of the (1) in subsection (a)(3)(B), by inserting COME COMMUNITY WATER ASSIST- National Environmental Education Act (20 ANCE. ‘‘and public works departments and agen- U.S.C. 5502)) in voluntary testing for lead cies’’ after ‘‘organizations’’; ‘‘(a) DEFINITION OF LOW-INCOME HOUSE- contamination in drinking water at schools HOLD.—In this section, the term ‘low-income (2) in subsection (b)— and child care programs under the jurisdic- (A) in paragraph (2)— household’ means a household that has an tion of the tribal education agency.’’; income that, as determined by the State in (i) in the matter preceding subparagraph (ii) in subparagraph (B)— (A), by striking ‘‘institutions—’’ and insert- which the household is located, does not ex- (I) in clause (i), by striking ‘‘or’’ at the ceed the greater of— ing ‘‘institutions, or public works depart- end; ments and agencies—’’; and ‘‘(1) an amount equal to 150 percent of the (II) in clause (ii), by striking the period at poverty level of that State; and (ii) in subparagraph (A)(ii), by inserting the end and inserting a semicolon; and ‘‘for entities that are not public works de- ‘‘(2) an amount equal to 60 percent of the (III) by adding at the end the following: partments and agencies,’’ before ‘‘working’’; State median income for that State. ‘‘(iii) any public water system that is lo- (B) in paragraph (4)— ‘‘(b) STUDY; REPORT.— cated in a State that does not participate in (i) by striking ‘‘There is’’ and inserting the ‘‘(1) IN GENERAL.—Subject to the avail- the voluntary grant program established following: ability of appropriations, not later than 2 under subparagraph (A) that— ‘‘(A) IN GENERAL.—There is’’; years after the date of enactment of this sec- ‘‘(I) assists schools or child care programs (ii) in subparagraph (A) (as so designated), tion, the Administrator shall conduct, and in lead testing; or by striking ‘‘$1,000,000 for each of fiscal years submit to Congress a report describing the ‘‘(II) provides technical assistance to 2019 and 2020’’ and inserting ‘‘$100,000,000 for results of, a study regarding the prevalence schools or child care programs in carrying each of fiscal years 2021 through 2023’’; and throughout the United States of low-income out lead testing; or households, including low-income renters, ‘‘(iv) a qualified nonprofit organization, as (iii) by adding at the end the following: that do not have access to affordable public determined by the Administrator.’’; ‘‘(B) SENSE OF THE SENATE.—It is the sense drinking water services to meet household (B) in paragraphs (3), (5), (6), and (7), by of the Senate that, of the funds made avail- needs. striking ‘‘State or local educational agency’’ able under subparagraph (A) each fiscal year, ‘‘(2) INCLUSIONS.—The report under para- each place it appears and inserting ‘‘State, not less than 40 percent should be used to graph (1) shall include— local educational agency, public water sys- provide grants that would serve— ‘‘(A) recommendations of the Adminis- tem, tribal consortium, or qualified non- ‘‘(i) low-income individuals; and trator regarding the best methods to in- profit organization’’; ‘‘(ii) underserved communities (as defined crease access to affordable and reliable (C) in paragraph (4), by striking ‘‘States in section 1459A of the Safe Drinking Water drinking water services; and local educational agencies’’ and insert- Act (42 U.S.C. 300j–19a(a))).’’; ‘‘(B) a description of the cost of each meth- ing ‘‘States, local educational agencies, pub- (3) by redesignating subsections (a) and (b) od described in subparagraph (A); lic water systems, tribal consortia, and as subsections (b) and (c), respectively; and ‘‘(C) an examination of, to the extent fea- qualified nonprofit organizations’’; (4) by inserting before subsection (b) (as so sible— (D) in paragraph (6)— redesignated) the following: ‘‘(i) levels of household water debt during (i) in the matter preceding subparagraph ‘‘(a) DEFINITION OF PUBLIC WORKS DEPART- the 5-year period ending on the date on (A), by inserting ‘‘, public water system, MENT OR AGENCY.—In this section, the term which the report is published; tribal consortium, or qualified nonprofit or- ‘public works department or agency’ means a ‘‘(ii) rates of water shutoffs during that pe- ganization’’ after ‘‘each local educational political subdivision of a local, county, or re- riod; agency’’; gional government that designs, builds, oper- ‘‘(iii) durations of those water shutoffs dur- (ii) in subparagraph (A)(ii), by inserting ates, and maintains water infrastructure, ing that period; and ‘‘or tribal’’ after ‘‘applicable State’’; and sewage and refuse disposal systems, and ‘‘(iv) actions of utilities and jurisdictions, (iii) in subparagraph (B)(i), by inserting other public water systems and facilities.’’. as applicable, during that period against ‘‘applicable’’ before ‘‘local educational agen- SEC. 5421. SMALL AND DISADVANTAGED COMMU- households with water debt, including prop- cy’’; and NITY ANALYSIS. erty liens and foreclosures; and (E) in paragraph (8), by striking ‘‘2020 and (a) ANALYSIS.—Not later than 1 year after ‘‘(D) with respect to the development of 2021’’ and inserting ‘‘2021 through 2023’’. the date of enactment of this Act, using en- the report, a consultation with all relevant SEC. 5419. INDIAN RESERVATION DRINKING vironmental justice data of the Environ- stakeholders. WATER PROGRAM. mental Protection Agency, including data ‘‘(3) AGREEMENTS.—The Administrator may Section 2001 of the America’s Water Infra- from the environmental justice mapping and enter into an agreement with another Fed- structure Act of 2018 (42 U.S.C. 300j–3c note; screen tool of the Environmental Protection eral agency to carry out the study under Public Law 115–270) is amended— Agency, the Administrator of the Environ- paragraph (1). (1) in subsection (a)— mental Protection Agency (referred to in ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— (A) in the matter preceding paragraph (1), this section as the ‘‘Administrator’’) shall There is authorized to be appropriated to by striking ‘‘Subject to the availability of carry out an analysis under which the Ad- carry out this section $5,000,000, to remain appropriations, the Administrator of the En- ministrator shall assess the programs under available until expended.’’. vironmental Protection Agency’’ and insert- title VI of the Federal Water Pollution Con- SEC. 5418. LEAD CONTAMINATION IN SCHOOL ing ‘‘The Administrator of the Environ- trol Act (33 U.S.C. 1381 et seq.) and section DRINKING WATER. mental Protection Agency (referred to in 1452 of the Safe Drinking Water Act (42 Section 1464 of the Safe Drinking Water this section as the ‘Administrator’)’’; and U.S.C. 300j–12) to identify historical distribu- Act (42 U.S.C. 300j–24) is amended— (B) by striking ‘‘to implement’’ in the mat- tions of funds to small and disadvantaged (1) in subsection (b)— ter preceding paragraph (1) and all that fol- communities and new opportunities and (A) in the first sentence, by inserting ‘‘pub- lows through the period at the end of para- methods to improve on the distribution of lic water systems and’’ after ‘‘to assist’’; graph (2) and inserting ‘‘to implement eligi- funds under those programs to low-income (B) in the third sentence, by inserting ble projects described in subsection (b).’’; communities, rural communities, minority ‘‘public water systems,’’ after ‘‘schools,’’; (2) by redesignating subsection (d) as sub- communities, and communities of indige- and section (e); nous peoples, in accordance with Executive (C) in the sixth sentence, by striking (3) by inserting after subsection (c) the fol- Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. ‘‘within 100 days after the enactment of this lowing: 6381; relating to Federal actions to address section’’ and inserting ‘‘not later than 100 ‘‘(d) FEDERAL SHARE.—The Federal share of environmental justice in minority popu- days after the date of enactment of the Eco- the cost of a project carried out under this lations and low-income populations)). nomic Justice Act’’; and section shall be 100 percent.’’; and (b) REPORT.—On completion of the analysis (2) in subsection (d)— (4) in subsection (e) (as so redesignated)— under subsection (a), the Administrator shall

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7785 submit to the Committee on Environment water and wastewater assistance program grant under or pursuant to this section and Public Works of the Senate and the under which the Administrator shall— shall— Committees on Energy and Commerce and (1) not later than 45 days after the date of (A) to the maximum extent practicable, Transportation and Infrastructure of the enactment of this Act and during each of fis- seek to limit the income history documenta- House of Representatives a report describ- cal years 2022 and 2023, make grants to tion requirements for determining whether a ing— States and Indian Tribes; and household is considered to be economically (1) the results of the analysis; and (2) make grants to eligible utilities. affected by the COVID–19 public health emer- (2) the criteria the Administrator used in (c) USE OF FUNDS.— gency or a low-income household for the pur- carrying out the analysis. (1) GRANTS TO STATES AND INDIAN TRIBES.— poses of this section; and SEC. 5422. MAPPING AND SCREENING TOOL. A State or Indian Tribe receiving a grant (B) for the purposes of income eligibility, The Administrator of the Environmental under subsection (b)(1) shall use the funds re- accept proof of job loss or severe income loss Protection Agency shall continue to update, ceived under the grant to make grants to eli- dated after February 29, 2020, such as a layoff on an annual basis, and make available to gible utilities. or furlough notice or verification of applica- the public EJSCREEN or an equivalent envi- (2) GRANTS TO ELIGIBLE UTILITIES.—An eli- tion for unemployment benefits, as sufficient ronmental justice mapping and screening gible utility receiving a grant from a State to demonstrate lack of income for an indi- tool, which shall include information on pub- or Indian Tribe under paragraph (1) or re- vidual or household. lic water systems (as defined in section 1401 ceiving a grant from the Administrator (f) AUDITS.—The Administrator shall re- of the Safe Drinking Water Act (42 U.S.C. under subsection (b)(2) shall use the amounts quire each State, Indian Tribe, and eligible 300f)), self-supplied communities (such as received under the grant— utility receiving a grant under or pursuant State and small and domestic well commu- (A) to provide rate assistance to eligible to this section to undertake periodic audits nities), the presence of toxic water at the households; and evaluations of expenditures made by the household and system level, and water af- (B) for ongoing operation and maintenance State, Indian Tribe, or eligible utility, as ap- fordability. activities affected by a loss of revenue from plicable, pursuant to this section. SEC. 5423. EMERGENCY HOUSEHOLD WATER AND eligible households; and (g) GUIDELINES.— WASTEWATER ASSISTANCE PRO- (C) to the extent practicable with any (1) IN GENERAL.—Not later than 45 days GRAM. funds remaining after carrying out subpara- after the date of enactment of this Act, the (a) DEFINITIONS.—In this section: graphs (A) and (B), to cancel water debts for Administrator shall issue guidelines for com- (1) ADMINISTRATOR.—The term ‘‘Adminis- eligible households that accrued during the plying with the requirements of this section, trator’’ means the Administrator of the En- 5-year period ending on the date that is the including guidelines for— vironmental Protection Agency. first day of the emergency period. (A) identifying households that are— (2) COVID–19 PUBLIC HEALTH EMERGENCY.— (d) APPLICATIONS.—Each eligible utility (i) economically affected by the COVID–19 The term ‘‘COVID–19 public health emer- seeking to receive a grant under or pursuant public health emergency; or gency’’ means the public health emergency to this section shall submit an application to (ii) low-income households; and described in section 1135(g)(1)(B)(i) of the So- the Administrator, State, or Indian Tribe, as (B) conducting any required audits and cial Security Act (42 U.S.C. 1320b– applicable, at such time, in such manner, evaluations. 5(g)(1)(B)(i)). and containing such information as the Ad- (2) CONSULTATION.—In issuing guidelines (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligi- ministrator shall require. under paragraph (1), the Administrator shall ble household’’ means— (e) CONDITIONS.— consult with the Secretary of Health and (A) a household that— (1) MINIMUM REQUIREMENTS.—An eligible Human Services, other Federal agencies with (i) is economically affected by the COVID– utility that receives a grant under or pursu- experience in administering Federal rate as- 19 public health emergency; ant to this section shall— sistance programs for low-income house- (ii) has applied for and been deemed eligi- (A) certify to the granting entity that it holds, States, Indian Tribes, eligible utili- ble for assistance under this section; or has conducted outreach activities designed ties, and nonprofit organizations that serve (B) a low-income household, as determined to ensure that eligible households are made low-income households. by an eligible utility under subsection (h), aware of the assistance available pursuant to (h) DETERMINATION OF LOW-INCOME HOUSE- that has applied for and been deemed eligible this section, including by partnering with HOLDS.—In determining whether a household for assistance under this section. nonprofit organizations that serve low-in- is considered to be a low-income household (4) ELIGIBLE UTILITY.—The term ‘‘eligible come households; for the purposes of receiving assistance pur- utility’’ means an owner or operator of— (B) identify and submit to the granting en- suant to this section, an eligible utility— (A) a community water system (as defined tity a report describing— (1) shall ensure that, at a minimum, all in section 1401 of the Safe Drinking Water (i) how many eligible households were households within 150 percent of the Federal Act (42 U.S.C. 300f)); or identified; poverty line are included as low-income (B) a treatment works (as defined in sec- (ii) the level of subsidy needed to provide households; and tion 212 of the Federal Water Pollution Con- assistance to all of the eligible households (2) may include other households, includ- trol Act (33 U.S.C. 1292)) for municipal waste. described in clause (i); and ing households in which 1 or more individ- (5) EMERGENCY PERIOD.—The term ‘‘emer- (iii) how the granted funds were used to uals are receiving— gency period’’ means the emergency period benefit eligible households; and (A) assistance under the program of block described in section 1135(g)(1)(B) of the So- (C) establish procedures— grants to States for temporary assistance for cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)). (i) to notify each eligible household receiv- needy families established under part A of (6) GRANTING ENTITY.—The term ‘‘granting ing assistance pursuant to this section of the title IV of the Social Security Act (42 U.S.C. entity’’ means— amount of that assistance; and 601 et seq.); (A) with respect to a grant to an eligible (ii) to ensure that the eligible utility (B) payments under the supplemental secu- utility under subsection (b)(2), the Adminis- charges an eligible household, in the normal rity income program established under title trator; and billing process not more than the difference XVI of the Social Security Act (42 U.S.C. 1381 (B) with respect to a grant to an eligible between— et seq.); utility pursuant to subsection (c)(1), the (I) the actual cost of the drinking water or (C) assistance under the supplemental nu- State or Indian Tribe making the grant, as wastewater service provided to the eligible trition assistance program established under applicable. household; and the Food and Nutrition Act of 2008 (7 U.S.C. (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (II) the amount of the assistance provided. 2011 et seq.); or means any Indian Tribe, band, group, or (2) CONTINUITY OF WATER AND WASTEWATER (D) payments under— community recognized by the Secretary of SERVICES.—An eligible utility that receives a (i) section 1315, 1521, 1541, or 1542 of title 38, the Interior and exercising governmental au- grant under or pursuant to this section shall United States Code; or thority over a Federal Indian reservation. ensure that— (ii) section 306 of the Veterans’ and Sur- (8) MUNICIPALITY.—The term ‘‘munici- (A) no service provided by the eligible util- vivors’ Pension Improvement Act of 1978 (38 pality’’ has the meaning given the term in ity to an individual or household is discon- U.S.C. 1521 note; Public Law 95–588). section 502 of the Federal Water Pollution nected or interrupted during the COVID–19 (i) SUBMISSIONS TO CONGRESS.—The Admin- Control Act (33 U.S.C. 1362). public health emergency due to nonpayment; istrator shall submit to the Committees on (9) STATE.—The term ‘‘State’’ means— and Appropriations, Energy and Commerce, and (A) each of the several States; (B) during the emergency period and the 1- Transportation and Infrastructure of the (B) the District of Columbia; year period beginning on the day after the House of Representatives and the Commit- (C) the Commonwealth of Puerto Rico; date on which the emergency period termi- tees on Appropriations and Environment and (D) the United States Virgin Islands; nates, no eligible household is charged— Public Works of the Senate— (E) Guam; (i) a late fee for an unpaid bill for service (1) on the date on which the Administrator (F) American Samoa; and provided by the eligible utility; or makes grants under subsection (b)(1), a re- (G) the Commonwealth of the Northern (ii) a reconnection fee for a shutoff that oc- port indicating the amounts granted to each Mariana Islands. curred during the emergency period. State and Indian Tribe; (b) ESTABLISHMENT.—The Administrator (3) HOUSEHOLD DOCUMENTATION REQUIRE- (2) on the issuance of guidelines under sub- shall establish an emergency household MENTS.—An eligible utility that receives a section (g), a copy of the guidelines;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7786 CONGRESSIONAL RECORD — SENATE December 18, 2020 (3) not later than 180 days after the date of (C) with respect to an affected wood heater (A) provide to States, regional agencies, enactment of this Act, and every other model, has a thermal efficiency rating of not and Indian tribes guidance for use in apply- month thereafter during each fiscal year for less than 65 percent, as certified by the Ad- ing for funding under this subsection, includ- which funding for this section is provided, a ministrator under the Final Rule; and ing information regarding— report listing— (D) is installed by a licensed or certified (i) the process and forms for applications; (A) each eligible utility that received a professional or verified by the State in which (ii) permissible uses of funds received grant under or pursuant to this section; the heater is being installed. under this subsection; and (B) the amount of the grant; and (4) FINAL RULE.—The term ‘‘Final Rule’’ (iii) the cost-effectiveness of various emis- (C) how the granted funds were used; and means the final rule entitled ‘‘Standards of sion reduction technologies eligible for funds (4) not later than 1 year after the date of Performance for New Residential Wood Heat- provided under this subsection; enactment of this Act, and on final disburse- ers, New Residential Hydronic Heaters and (B) establish, for applications described in ment of all funds appropriated pursuant to Forced-Air Furnaces’’ (80 Fed. Reg. 13672 subparagraph (A)— this section, a report on the results of activi- (March 16, 2015)). (i) an annual deadline for submission of the ties carried out pursuant to this section. (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ applications; (j) FUNDING.— has the meaning given the term in section 4 (ii) a process by which the Administrator (1) AUTHORIZATION OF APPROPRIATIONS.— of the Indian Self-Determination and Edu- shall approve or disapprove each application; There is authorized to be appropriated to the cation Assistance Act (25 U.S.C. 5304). (iii) a simplified application submission Administrator to carry out this section, to (6) REGIONAL AGENCY.—The term ‘‘regional process to expedite the provision of funds; remain available until expended— agency’’ means a regional or local govern- and (A) $2,000,000,000 for fiscal year 2021; and ment agency— (iv) a streamlined process by which a (B) $1,500,000,000 for each of fiscal years 2022 (A) with jurisdiction over air quality; or State, regional agency, or Indian tribe may and 2023. (B) that has received approval from the air renew an application described in subpara- (2) ALLOCATION OF FUNDS.— quality program of the State of the agency graph (A) for subsequent fiscal years; (A) IN GENERAL.—Of the amounts made to carry out a wood heater emissions reduc- (C) require States or regional agencies ap- available to carry out this section under tion and replacement program. plying for funding under this subsection to paragraph (1), the Administrator shall— (7) REPLACEMENT OF AN OLD WOOD HEATER.— provide detailed information on how the (i) use 1 percent to make grants under sub- The term ‘‘replacement of an old wood heat- State or regional agency intends to carry section (b)(1) to Indian Tribes; er’’ means the replacement of an existing out and verify projects under the wood heat- (ii) use 49 percent to make grants under wood heater that— er emissions reduction program of the State subsection (b)(1) to States in accordance (A) does not meet the reductions standards or regional agency, including— with subparagraph (B); and described in paragraph (3)(B); (i) a description of the air quality in the (iii) with any remaining amounts, make (B) is removed from a home or building in State or the area in which the regional agen- grants to eligible utilities under subsection which the wood heater was the primary or cy has jurisdiction; (b)(2). secondary source of heat; and (ii) the means by which the project will (B) STATE ALLOTMENTS.—Of the amounts (C) is surrendered to a supplier, retailer, or achieve a significant reduction in wood heat- described in subparagraph (A)(ii), the Admin- other entity, as defined by the Adminis- er emissions and air pollution, including the istrator shall allot— trator, who shall render the existing wood estimated quantity of— (i) 50 percent in accordance with the per- heater inoperable and ensure the existing (I) residences that depend on non-certified centages used by the Administrator to allot wood heater is disposed through— clean heaters as a primary or secondary amounts appropriated to carry out title II of (i) recycling; or source of heat; and the Federal Water Pollution Control Act (33 (ii) scrappage. (II) air pollution produced by wood heaters U.S.C. 1281 et seq.) pursuant to section (8) STATE.—The term ‘‘State’’ means— in the State or the area in which the re- 205(c)(3) of that Act (33 U.S.C. 1285(c)(3)); and (A) each of the several States of the United gional agency has jurisdiction; (ii) 50 percent in accordance with the for- States; (iii) an estimate of the cost and economic mula used by the Administrator to allot (B) the District of Columbia; benefits of the proposed project; funds appropriated to carry out section 1452 (C) the Commonwealth of Puerto Rico; (iv) the means by which the funds will be of the Safe Drinking Water Act (42 U.S.C. (D) Guam; distributed, including a description of the in- 300j–12). (E) the United States Virgin Islands; tended recipients of the funds; (3) ADMINISTRATIVE COSTS.—The Adminis- (F) American Samoa; and (v) a description of any efforts to target trator and any State, Indian Tribe, or eligi- (G) the Commonwealth of the Northern low-income individuals that own older wood ble utility that receives a grant under or Mariana Islands. heaters; pursuant to this section may use up to 5 per- (9) WOOD HEATER.—The term ‘‘wood heat- (vi) provisions for the monitoring and cent of the granted amounts for administra- er’’ means an enclosed, wood-burning appli- verification of the project; and tive costs. ance capable of and intended for residential (vii) a description of how the program will SEC. 5424. REQUIREMENT. space heating or space heating and domestic carry out the replacement of old wood heat- Notwithstanding any other provision of water heating that is an affected wood heat- ers, including— law, of the amounts made available under er model, including— (I) how the older units will be removed and this chapter or any amendment made by this (A) a residential wood heater; placed out of service; and chapter, the Administrator of the Environ- (B) a hydronic heater; and (II) how new heaters purchased with fund- mental Protection Agency shall ensure, to (C) a forced-air furnace. ing provided under this subsection will be in- the maximum extent practicable, that not (b) ESTABLISHMENT OF GRANT PROGRAM FOR stalled; and less than 12.5 percent is used to support jobs WOOD HEATER EMISSIONS REDUCTIONS.— (D) require Indian tribes applying for fund- of persons of color or businesses owned by (1) IN GENERAL.—Subject to the avail- ing under this subsection to provide detailed persons of color. ability of appropriations, the Administrator information on how the Indian tribe intends CHAPTER 2—CLEAN AIR PROGRAMS shall establish a grant program that provides to carry out and verify projects under the SEC. 5431. WOOD HEATERS EMISSIONS REDUC- funding for grant, rebate, and other pro- wood heater emissions reduction program of TION. grams administered by States, regional the Indian tribe, including— (a) DEFINITIONS.—In this section: agencies, and Indian tribes that are de- (i) the means by which the project will (1) ADMINISTRATOR.—The term ‘‘Adminis- signed— achieve a significant reduction in wood heat- trator’’ means the Administrator of the En- (A) to provide financial incentives to er emissions; vironmental Protection Agency. homeowners for the replacement of old wood (ii) an estimate of the cost and economic (2) AFFECTED WOOD HEATER MODEL.—The heaters that greatly contribute to particu- benefits of the proposed project; term ‘‘affected wood heater model’’ means a late pollution with more efficient, cleaner- (iii) the means by which the funds will be model of wood heater described in— burning heaters that are— distributed, including a description of the in- (A) section 60.530(a) of title 40, Code of Fed- (i) properly installed; and tended recipients of the funds; eral Regulations (or a successor regulation); (ii) certified clean heaters; (iv) a description of any efforts to target and (B) to achieve significant reductions in low-income individuals that own older wood (B) subsections (a) and (b) of section 60.5472 emissions from wood heaters in terms of pol- heaters; of that title. lution produced by wood heaters and wood (v) provisions for the monitoring and (3) CERTIFIED CLEAN HEATER.—The term heater emissions exposure; verification of the project; and ‘‘certified clean heater’’ means a heater (C) to help homeowners transition to safer (vi) a description of how the program will that— and more efficient sources of heat; and carry out the replacement of old wood heat- (A) has been certified or verified by— (D) to support retailers, installers, and ers, including— (i) the Administrator; or manufacturers that sell and make certified (I) how the older units will be removed and (ii) the California Air Resources Board; clean heaters that are more efficient and placed out of service; and (B) meets or has emissions below the most cleaner-burning. (II) how new heaters purchased with fund- stringent Step 2 emission reductions stand- (2) APPLICATIONS.—The Administrator ing provided under this subsection will be in- ards described in the Final Rule; shall— stalled.

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(3) ALLOCATION OF FUNDS.— risdiction of the regional agency or Indian (A) IN GENERAL.—On October 1, 2020, or as (A) IN GENERAL.—For each fiscal year, the tribe as are appropriate to meet the needs soon as practicable thereafter, and on each Administrator shall allocate funds made and goals of the State, regional agency, or October 1 thereafter through October 1, 2022, available to carry out this subsection— Indian tribe; and out of any funds in the Treasury not other- (i) among States, regional agencies, and In- (ii) to the maximum extent practicable, to wise appropriated, the Secretary of the dian tribes that submitted an application use the programs described in clause (i) to Treasury shall transfer to the Administrator under this subsection that was approved by give high priority to projects that serve to carry out this section $75,000,000 for the the Administrator; areas described in paragraph (3)(B)(vii). applicable fiscal year, to remain available (ii) of which not less than 4 percent shall (B) APPORTIONMENT OF FUNDS.—The chief until expended. be allocated to Indian tribes to perform func- executive officer of a State, regional agency, (B) RECEIPT AND ACCEPTANCE.—The Admin- tions that include— or Indian tribe that receives funding under istrator shall be entitled to receive, shall ac- (I) addressing subsequent maintenance this subsection may determine the portion of cept, and shall use to carry out this section costs resulting from the installation of wood funds to be provided as grants and the por- the funds transferred under subparagraph heaters under this subsection; and tion to be provided as rebates. (A), without further appropriation. (II) training qualified installers and tech- (C) USE OF FUNDS.—A State, regional agen- (2) AUTHORIZATION OF APPROPRIATIONS.—In nicians; and cy, or Indian tribe shall use funds provided addition to the amounts made available (iii) among different geographic areas and under this subsection for— under paragraph (1), there is authorized to be varying population densities. (i) projects to complete the replacement of appropriated to carry out this section (B) ALLOCATION PRIORITY.—The Adminis- old wood heaters, including the installation $75,000,000 for each of fiscal years 2021 trator shall provide to each State, regional of heaters and training of certified installers through 2023, to remain available until ex- agency, and Indian tribe described in sub- of heaters that— pended. paragraph (A) for a fiscal year an allocation (I) are at least as efficient and clean-burn- (3) MANAGEMENT AND OVERSIGHT.—The Ad- of funds, with priority given to States, re- ing as certified clean heaters; and ministrator may use not more than 1 percent gional agencies, and Indian tribes that will (II) meet the purposes described in para- of the amounts made available under this use the funds to support projects that— graph (1); and subsection for each fiscal year for manage- (i) maximize public health benefits, includ- (ii) with respect to Indian tribes, the pur- ment and oversight of the programs under ing indoor and outdoor air quality; poses described in paragraph (3)(A)(ii). this section. (ii) are the most cost-effective; (D) SUPPLEMENT, NOT SUPPLANT.—Funds SEC. 5432. DIESEL EMISSIONS REDUCTION PRO- (iii) target the replacement of wood heat- made available under this subsection shall GRAM. ers that emit the most pollution; be used to supplement, not supplant, funds (a) MANDATORY FUNDING.— (iv) include certified clean heaters and made available for existing State clean air (1) IN GENERAL.—On October 1, 2021, or as other heaters that achieve emission reduc- programs. soon as practicable thereafter, and on each tions and efficiency improvements that are (E) PUBLIC NOTIFICATION.—Not later than 60 October 1 thereafter through October 1, 2023, more stringent than the Step 2 emission re- days after the date on which the Adminis- out of any funds in the Treasury not other- ductions standards, as described in the Final trator makes funding available under this wise appropriated, the Secretary of the Rule; subsection each fiscal year, the Adminis- Treasury shall transfer to the Administrator (v) target low-income households; trator shall publish on the website of the En- of the Environmental Protection Agency to (vi) encourage the recycling of old wood vironmental Protection Agency— carry out subtitle G of title VII of the En- heaters when replacing those heaters; and (i) the total number of grants awarded and ergy Policy Act of 2005 (42 U.S.C. 16131 et (vii) serve areas that— the amounts provided to States, regional seq.) $300,000,000 for the applicable fiscal (I) receive a disproportionate quantity of agencies, and Indian tribes; year, to remain available until expended. air pollution from wood heaters; (ii) a general description of each applica- (2) RECEIPT AND ACCEPTANCE.—The Admin- (II) have a high percentage of residents tion of a State, regional agency, or Indian istrator of the Environmental Protection that use wood as their primary source of tribe that received funding; and Agency shall be entitled to receive, shall ac- heat; or (iii) the estimated number of wood heaters cept, and shall use to carry out subtitle G of (III) are poor air quality areas, including that will be replaced using funds made avail- title VII of the Energy Policy Act of 2005 (42 areas identified by the Administrator as— able under this subsection. U.S.C. 16131 et seq.) the funds transferred (aa) in nonattainment or maintenance of (F) REPORT.—Not later than 2 years after under paragraph (1), without further appro- national ambient air quality standards for the date on which funds are first made avail- priation. particulate matter under section 109 of the able under this subsection, and biennially (3) REQUIREMENT.—Of the funds transferred Clean Air Act (42 U.S.C. 7409); or thereafter, the Administrator shall submit under paragraph (1) in each fiscal year, not (bb) class I areas under section 162(a) of to Congress a report evaluating the imple- more than $150,000,000 may be used to provide that Act (42 U.S.C. 7472(a)). mentation of the program under this sub- assistance under subtitle G of title VII of the (C) UNOBLIGATED FUNDS.—Any funds that section. Energy Policy Act of 2005 (42 U.S.C. 16131 et are not obligated by a State, regional agen- (c) OUTREACH AND INCENTIVES.—The Ad- cy, or Indian tribe by a date determined by ministrator shall establish a program under seq.) to port authorities with jurisdiction the Administrator in a fiscal year shall be which the Administrator shall— over transportation or air quality. reallocated pursuant to the priorities de- (1) inform stakeholders of the benefits of (b) COST-SHARE FOR ZERO TAILPIPE EMIS- scribed in subparagraph (B). replacing wood heaters that do not meet the SION VEHICLE.—Notwithstanding subtitle G (D) STATE, REGIONAL AGENCY, AND TRIBAL Step 2 emission reductions standards de- of title VII of the Energy Policy Act of 2005 MATCHING INCENTIVE.— scribed in the Final Rule; (42 U.S.C. 16131 et seq.), the Federal share of (i) IN GENERAL.—Subject to clause (ii), if a (2) develop nonfinancial incentives to pro- the purchase of a zero tailpipe emission vehi- State, regional agency, or Indian tribe mote the proper installation and use of cer- cle using amounts made available under sub- agrees to match the allocation provided to tified clean heaters; and section (a) shall be 100 percent. the State, regional agency, or Indian tribe (3) consult with Indian tribes to carry out SEC. 5433. PROTECTION OF THE MERCURY AND under subparagraph (A) for a fiscal year, the the purposes of this section. AIR TOXICS STANDARDS. Administrator shall provide to the State, re- (d) SUPPLEMENTAL ENVIRONMENTAL Section 112(n)(1)(A) of the Clean Air Act (42 gional agency, or Indian tribe for the fiscal PROJECTS.— U.S.C. 7412(n)(1)(A)) is amended, in the year a matching incentive consisting of an (1) EPA AUTHORITY TO ACCEPT WOOD HEATER fourth sentence, by striking ‘‘, if the Admin- additional amount equal to 30 percent of the EMISSIONS REDUCTION SUPPLEMENTAL ENVI- istrator’’ and all that follows through ‘‘this allocation of the State, regional agency, or RONMENTAL PROJECTS.—Section 1 of Public subparagraph’’. Indian tribe under subparagraph (A). Law 110–255 (42 U.S.C. 16138) is amended— SEC. 5434. NET ZERO EMISSIONS AT PORT FACILI- (ii) REQUIREMENT.—To receive a matching (A) in the heading, by inserting ‘‘and wood TIES PROGRAM. incentive under clause (i), a State, regional heater’’ after ‘‘diesel’’; and (a) ESTABLISHMENT OF PROGRAM.— agency, or Indian tribe— (B) in the matter preceding paragraph (1), (1) IN GENERAL.—The Administrator of the (I) may not use funds received under this by inserting ‘‘and wood heater’’ after ‘‘die- Federal Highway Administration (referred to subsection to pay a matching share required sel’’. in this section as the ‘‘Administrator’’) shall under this paragraph; and (2) SETTLEMENT AGREEMENT PROVISIONS.— establish a program to reduce emissions at (II) shall not be required to provide a Section 2 of Public Law 110–255 (42 U.S.C. port facilities, under which the Adminis- matching share for any additional amount 16139) is amended in the first sentence— trator shall— received under that clause. (A) by inserting ‘‘or wood heater’’ after (A) study how ports and intermodal port (4) ADMINISTRATION.— ‘‘diesel’’ each place it appears; transfer facilities would benefit from in- (A) IN GENERAL.—Subject to subparagraphs (B) by inserting ‘‘, as applicable,’’ before creased opportunities to reduce emissions at (B) and (C), States, regional agencies, and In- ‘‘if the Administrator’’; and ports, including through the electrification dian tribes shall use any funds provided (C) by inserting ‘‘, as applicable’’ before of port operations; under this subsection— the period at the end. (B) study emerging technologies and strat- (i) to develop and implement such pro- (e) FUNDING.— egies that may help reduce port-related grams in the State or in areas under the ju- (1) MANDATORY FUNDING.— emissions by implementing shore power

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7788 CONGRESSIONAL RECORD — SENATE December 18, 2020 technology and other net zero emissions section (a)(1) $250,000,000 for each of fiscal (C) plan the redevelopment of any land technology, including equipment that han- years 2021 through 2023. made available by the removal or retrofit of dles cargo, port harbor craft, drayage trucks, CHAPTER 3—HEALTHY TRANSPORTATION the infrastructural barrier, with a focus on charging and fueling infrastructure, and SEC. 5441. RESTORING NEIGHBORHOODS AND improvements that will benefit the popu- electric truck refrigeration units; and STRENGTHENING COMMUNITIES lations impacted by or previously displaced (C) coordinate and provide funding to test, PROGRAM. by the infrastructural barrier; evaluate, and deploy projects that reduce (a) DEFINITIONS.—In this section: (D) access funding to carry out the activi- port-related emissions, including shore (1) CAPITAL CONSTRUCTION GRANT.—The ties described in subparagraphs (B) and (C); power technology and net zero emissions term ‘‘capital construction grant’’ means a and port equipment and technology, such as capital construction grant under subsection (E) require the equity of any activities car- equipment that handles cargo, port harbor (f). ried out under the program, including by craft, drayage trucks, charging and fueling (2) COMMUNITY ENGAGEMENT, EDUCATION, garnering community engagement, avoiding infrastructure, electric truck refrigeration AND CAPACITY BUILDING GRANT.—The term displacement, and ensuring local participa- units, and other technology the Adminis- ‘‘community engagement, education, and ca- tion in jobs created through those activities. trator determines to be appropriate. pacity building grant’’ means a community (2) TYPES OF GRANTS.—Under the program, (2) CONSULTATION.—In carrying out the pro- engagement, education, and capacity build- the Secretary shall award the following gram under this subsection, the Adminis- ing grant under subsection (d). types of grants: trator may consult with the Secretary of En- (3) COMMUNITY OF COLOR.—The term ‘‘com- (A) Community engagement, education, ergy and the Administrator of the Environ- munity of color’’ means, in a State, a census and capacity building grants. mental Protection Agency. block group for which the aggregate percent- (B) Planning and feasibility study grants. (b) GRANTS.— age of residents who identify as Black, Afri- (C) Capital construction grants. (1) IN GENERAL.—In carrying out subsection can-American, American Indian, Alaska Na- (3) MULTIPLE GRANTS PERMITTED.—An eligi- (a)(1)(C), the Administrator shall award tive, Native Hawaiian, Asian, Pacific Is- ble entity may apply for and receive funding grants to fund projects that reduce emissions lander, Hispanic, Latino, other nonwhite from more than 1 type of grant described in at ports, including through the advancement race, or linguistically isolated is— paragraph (2). (c) REQUIREMENT FOR PROJECT SELECTION.— of port electrification. (A) not less than 50 percent; or To receive a grant under the program, a (2) COST SHARE.—A grant awarded under (B) significantly higher than the State av- project shall provide the majority of project paragraph (1) shall not exceed 80 percent of erage. (4) INFRASTRUCTURAL BARRIER.—The term benefits to 1 or more communities of color or the total cost of the project funded by the low-income communities. grant. ‘‘infrastructural barrier’’ means a highway (including a limited access highway), a rail- (d) COMMUNITY ENGAGEMENT, EDUCATION, (3) COORDINATION.—In carrying out the AND CAPACITY BUILDING GRANTS.— grant program under this subsection, the Ad- way, a viaduct, a principal arterial facility, or any other transportation facility for (1) ELIGIBLE ENTITIES.—The Secretary may ministrator shall— award a community engagement, education, (A) to the maximum extent practicable, le- which the high speeds, grade separation, or other design factors create an obstacle to and capacity building grant to carry out verage existing resources and programs of community engagement, education, and ca- the Federal Highway Administration and connectivity, including— (A) obstacles to walking, biking, and mo- pacity building activities described in para- other relevant Federal agencies; and bility; graph (2) to— (B) coordinate with other Federal agencies, (B) diminished access to destinations (A) a unit of local government; as the Administrator determines to be appro- across the infrastructural barrier; or (B) a Tribal government; priate. (C) barriers to the economic development (C) a metropolitan planning organization; (4) APPLICATION; SELECTION; PRIORITY.— of the surrounding neighborhood. and (A) APPLICATION.—The Administrator shall (5) LOW-INCOME COMMUNITY.—The term (D) a nonprofit organization. solicit applications for grants under para- ‘‘low-income community’’ means a census (2) ELIGIBLE ACTIVITIES.—A community en- graph (1) at such time, in such manner, and block group in which not less than 30 percent gagement and capacity building activity re- containing such information as the Adminis- of the population lives below the poverty ferred to in paragraph (1) includes an activ- trator determines to be necessary. line (as defined in section 673 of the Commu- ity— (B) SELECTION.—The Secretary shall make nity Services Block Grant Act (42 U.S.C. (A) to educate community members about grants under paragraph (1) by not later than 9902)). opportunities to affect transportation and April 1 of each fiscal year for which funding (6) PLANNING AND FEASIBILITY STUDY economic development planning and invest- is made available. GRANT.—The term ‘‘planning and feasibility ment decisions; (C) PRIORITY.—In making grants for study grant’’ means a planning and feasi- (B) to build organizational or community projects under paragraph (1), the Adminis- bility study grant under subsection (e). capacity to engage in transportation and trator shall give priority to projects that re- (7) PROGRAM.—The term ‘‘program’’ means economic development planning; duce— the program established under subsection (C) to identify community needs and de- (i) greenhouse gas emissions; (b). sires for community improvements; (ii) emissions of any criteria air pollutant (8) SECRETARY.—The term ‘‘Secretary’’ (D) to develop community-driven solutions and any precursor of the criteria air pollut- means the Secretary of Transportation. to local challenges; ant; (9) TRIBAL GOVERNMENT.—The term ‘‘Tribal (E) to conduct assessments of equity, mo- (iii) hazardous air pollutant emissions; and government’’ means the recognized gov- bility and access, environmental justice, af- (iv) public health disparities in commu- erning body of any Indian or Alaska Native fordability, economic opportunity, health nities that receive a disproportionate quan- tribe, band, nation, pueblo, village, commu- outcomes, and other local goals; tity of air pollution from a port. nity, component band, or component res- (F) to form a Community Advisory Board (5) REQUIREMENT.—Notwithstanding any ervation, individually identified (including in accordance with subsection (g); and other provision of law, any project funded by parenthetically) in the list published most (G) to engage community members in sce- a grant under this subsection shall be treat- recently as of the date of enactment of this nario planning. ed as a project on a Federal-aid highway Act pursuant to section 104 of the Federally (3) FEDERAL SHARE.—The Federal share of under chapter 1 of title 23, United States Recognized Indian Tribe List Act of 1994 (25 the cost of an activity carried out with funds Code. U.S.C. 5131). from a community engagement, education, (c) REPORT.—Not later than 1 year after (b) ESTABLISHMENT.— and capacity building grant may be up to 100 the date on which all of the projects funded (1) IN GENERAL.—The Secretary shall estab- percent, at the discretion of the eligible enti- with a grant under subsection (b) are com- lish a program to help communities— ty. pleted, the Administrator shall submit to (A) identify infrastructural barriers within (e) PLANNING AND FEASIBILITY STUDY Congress a report that includes— the community that— GRANTS.— (1) the findings of the studies described in (i) create obstacles to mobility or eco- (1) ELIGIBLE ENTITIES.— subparagraphs (A) and (B) of subsection nomic development; or (A) IN GENERAL.—The Secretary may award (a)(1); (ii) expose the community to high levels of a planning and feasibility study grant to (2) the results of the projects that received particulate matter, noise pollution, and carry out planning activities described in a grant under subsection (b); other public health and safety risks; paragraph (2) to— (3) any recommendations for workforce de- (B) study the feasibility of improving, and (i) a State; velopment and training opportunities with develop plans to improve, community (ii) a unit of local government; respect to port electrification; and connectivity, including through— (iii) a Tribal government; (4) any policy recommendations based on (i) removal or retrofit of an infrastructural (iv) a metropolitan planning organization; the findings and results described in para- barrier; or and graphs (1) and (2). (ii) construction of facilities to mitigate (v) a nonprofit organization. (d) AUTHORIZATION OF APPROPRIATIONS.— the obstacle created by the infrastructural (B) PARTNERSHIPS.—In the case of an eligi- There is authorized to be appropriated to barrier by enhancing connectivity across the ble entity that is not the owner of the carry out the program established under sub- infrastructural barrier; infrastructural barrier that is the subject of

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the planning and feasibility study grant, the (4) PRIORITY FOR CAPITAL CONSTRUCTION including nonmotorized access, that will re- eligible entity shall demonstrate the exist- GRANTS.—In selecting eligible entities to re- sult from the project. ence of a partnership with the owner of the ceive a capital construction grant, the Sec- (j) AUTHORIZATION OF APPROPRIATIONS.— infrastructural barrier. retary shall give priority to an eligible enti- There is authorized to be appropriated to (2) ELIGIBLE ACTIVITIES.—A planning activ- ty that— carry out the program $2,000,000,000 for each ity referred to in paragraph (1)(A) includes— (A) has entered into a community benefits of fiscal years 2021 through 2025. (A) development of designs and artistic agreement with representatives of the com- SEC. 5442. SAFER HEALTHIER STREETS PRO- renderings to facilitate community engage- munity; GRAM. ment; (B) serves a community in which an anti- (a) DEFINITIONS.—In this section: (B) traffic studies, nonmotorized accessi- displacement policy or a community land (1) COMMUNITY OF COLOR.—The term ‘‘com- bility analyses, equity needs analyses, and trust is in effect; munity of color’’ means, in a State, a census collection of other relevant data; (C) has formed a Community Advisory block group for which the aggregate percent- (C) planning studies to evaluate the feasi- Board under subsection (g); or age of residents who identify as Black, Afri- bility of removing or retrofitting an (D) has demonstrated a plan for— can-American, American Indian, Alaska Na- infrastructural barrier, or the construction (i) employing residents in the area im- tive, Native Hawaiian, Asian, Pacific Is- of facilities to mitigate the obstacle created pacted by the activity or project through lander, Hispanic, Latino, other nonwhite by the infrastructural barrier by enhancing targeted hiring programs; and race, or linguistically isolated is— connectivity across the infrastructural bar- (ii) contracting and subcontracting with (A) not less than 50 percent; or rier; disadvantaged business enterprises. (B) significantly higher than the State av- (D) public engagement activities to provide (5) REQUIREMENT.—In order to receive a erage. opportunities for public input into a plan to capital construction grant, the owner of the (2) LOW-INCOME COMMUNITY.—The term remove, convert, or mitigate an infrastructural barrier shall demonstrate ‘‘low-income community’’ means a census infrastructural barrier; that the project is supported by the commu- block group in which not less than 30 percent (E) environmental review, consultation, or nity in the immediate vicinity of the of the population lives below the poverty other action required under any Federal en- project. line (as defined in section 673 of the Commu- vironmental law relating to the review or ap- (6) FEDERAL SHARE.— nity Services Block Grant Act (42 U.S.C. proval of a project to remove, retrofit, or (A) IN GENERAL.—Except as provided in 9902)). mitigate an existing infrastructural barrier; subparagraph (B), the Federal share of the (3) MOBILITY GRANT.—The term ‘‘mobility (F) establishment of a community land cost of a project carried out with a capital grant’’ means a grant provided under sub- trust for the development and use of real es- construction grant may be not more than 80 section (f)(2). tate created by the removal or capping of an percent. (4) PROGRAM.—The term ‘‘program’’ means infrastructural barrier; and (B) MAXIMUM FEDERAL INVOLVEMENT.—Fed- the Safer Healthier Streets program estab- (G) other transportation planning activi- eral assistance other than a capital con- lished under subsection (b). ties required in advance of a project to re- struction grant may be used to satisfy the (5) SECRETARY.—The term ‘‘Secretary’’ move, retrofit or mitigate an existing non-Federal share of the cost of a project for means the Secretary of Transportation. infrastructural barrier, as determined by the which the grant is awarded. (6) TREE CANOPY GRANT.—The term ‘‘tree Secretary. (g) COMMUNITY ADVISORY BOARD.— canopy grant’’ means a grant provided under (3) FEDERAL SHARE.—The Federal share of (1) IN GENERAL.—To help achieve inclusive subsection (f)(1). the cost of an activity carried out with funds economic development benefits, an eligible (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal from a planning and feasibility study grant entity may form a community advisory government’’ means the recognized gov- shall be not more than 80 percent. board, which shall— erning body of any Indian or Alaska Native (f) CAPITAL CONSTRUCTION GRANTS.— (A) facilitate community engagement with tribe, band, nation, pueblo, village, commu- (1) ELIGIBLE ENTITIES.—The Secretary may respect to the activity or project proposed to nity, component band, or component res- award a capital construction grant to the be carried out; and ervation, individually identified (including owner of an infrastructural barrier to carry (B) track progress with respect to commit- parenthetically) in the list published most out a project described in paragraph (3) for ments of the eligible entity to inclusive em- recently as of the date of enactment of this which all necessary feasibility studies and ployment, contracting, and economic devel- Act pursuant to section 104 of the Federally other planning activities have been com- opment under the activity or project. Recognized Indian Tribe List Act of 1994 (25 pleted. (2) MEMBERSHIP.—If an eligible entity U.S.C. 5131). (2) PARTNERSHIPS.—For the purpose of sub- forms a community advisory board under (8) URBANIZED AREA.—The term ‘‘urbanized mitting an application for a capital con- paragraph (1), the community advisory board area’’ has the meaning given the term in sec- struction grant, an owner of an shall be composed of representatives of— tion 101(a) of title 23, United States Code. infrastructural barrier may, if applicable, (A) the community; (b) ESTABLISHMENT.—The Secretary shall partner with— (B) owners of businesses that serve the establish a discretionary grant program, to (A) a State; community; be known as the ‘‘Safer Healthier Streets (B) a unit of local government; (C) labor organizations that represent program’’, to provide to eligible entities— (C) a Tribal government; workers that serve the community; and (1) tree canopy grants; and (D) a metropolitan planning organization; (D) State and local government. (2) mobility grants. or (h) ADMINISTRATIVE COSTS.—For each fiscal (c) GOALS.—The goals of the program are (E) a nonprofit organization. year, the Secretary may use not more than to improve overall health outcomes, to re- (3) ELIGIBLE PROJECTS.— 2 percent of the amounts made available for duce racial and ethnic health disparities, and (A) IN GENERAL.—A project eligible to be the program for the costs of administering to support local economic development, in- carried out with a capital construction grant the program. cluding— includes— (i) REPORT.—Not later than 2 years after (1) with respect to tree canopy grants— (i) the removal of an infrastructural bar- the date of enactment of this Act, the Sec- (A) to improve access to green space for rier; retary shall submit to the Committee on En- low-income communities and communities (ii) the retrofit of an infrastructural bar- vironment and Public Works of the Senate of color; rier in a way that enhances community and the Committee on Transportation and (B) to improve the equity of tree cover connectivity and is sensitive to the context Infrastructure of the House of Representa- within an urbanized area; of the surrounding community, including tives a report that— (C) to provide traffic calming and reduce retrofits to a highway to cap the facility or (1) assesses the impacts and benefits of the incidence of speeding; replace the facility with an at-grade arterial highway removals on congestion, mobility, (D) to provide for improvements in air roadway; and safety in the project vicinity, and the quality; (iii) the construction of facilities that im- extent to which those impacts differ from (E) to reduce— prove connectivity across the infrastructural projected impacts; (i) the extent of impervious surfaces; barrier; (2) includes recommendations for how traf- (ii) polluting stormwater runoff; and (iv) the replacement of an infrastructural fic forecasting should— (iii) flood risks; barrier with a new use or facility that has (A) consider nonmotorized travel demand; (F) to provide shade benefits on pedestrian been identified by members of the commu- and walkways, bicycle lanes, and shared-use nity; and (B) track and be updated in response to ob- paths, and at public transportation stops; (v) the construction of other transpor- served travel behavior responses to changes and tation improvements that address the mobil- in transportation capacity and land use; and (G) to mitigate urban heat islands; and ity needs of the community. (3) includes recommendations for how envi- (2) with respect to mobility grants— (B) EXCLUSION.—Funds from a capital con- ronmental reviews for projects funded under (A) to improve access to safe and conven- struction grant shall not be used on a project the Federal-aid highway program should ient walking and bicycling facilities for low- that increases net capacity for vehicular consider, identify, and quantify, during income communities and communities of travel. project development, any diminished access, color;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7790 CONGRESSIONAL RECORD — SENATE December 18, 2020 (B) to construct new pedestrian walkways, (B) Community engagement activities to (F) Construction or installation of en- bicycle lanes, and shared-use paths; provide opportunities for public input into hancements to pedestrian walkways, bicycle (C) to maintain or improve the condition of plans to enhance tree canopy and access to lanes, or shared-use paths, including street pedestrian walkways, bicycle lanes, and green space. lighting, benches, parklets, stormwater man- shared-use paths; (C) Setting tree cover goals and imple- agement features, parking, bike racks, bike (D) to create and expand networks of safe menting an investment plan based on the re- share stations, and canopies or other shade pedestrian walkways, bicycle lanes, and sults of the assessment under subparagraph devices. shared-use paths, including through (A) to increase tree canopy and tree cover, (G) Sidewalk improvements to accommo- connectivity improvements between existing including equitable access to shade and date and conserve street trees. non-motorized assets; green space for low-income communities and (H) Hiring staff to conduct any of the ac- (E) to expand safe walking and biking ac- communities of color by planting trees on tivities described in this paragraph. cess to public transportation facilities; public rights-of-way and public facilities. (g) TECHNICAL ASSISTANCE.— (F) to construct safe and convenient road- (D) Purchasing of trees, site preparation, (1) IN GENERAL.—The Secretary may pro- way crossings for pedestrians and bicyclists; planting of trees, ongoing maintenance and vide technical assistance to eligible entities and monitoring of trees, and repair of storm under the program for the purpose of devel- (G) to improve safe and convenient pedes- damage to trees, with priority given to— oping the technical capacity of the eligible trian access for pedestrians and bicyclists to (i) the planting of native species, to the ex- entity for the development of applications destinations throughout an urbanized area, tent appropriate; and under the program or the administration of including access to jobs, housing, healthcare, (ii) projects located in a neighborhood with grant funds under the program. schools, and retail. lower tree cover or higher maximum day- (2) APPLICATION; SOLICITATION.—The Sec- (d) ELIGIBLE ENTITIES.—An entity eligible retary shall— to participate in the program is— time summer temperatures compared to sur- rounding neighborhoods. (A) solicit applications from eligible enti- (1) a State, regional, Tribal, or local gov- ties for technical assistance under paragraph ernment or agency, including a transit agen- (E) Assessing the underground infrastruc- ture and coordinating with local transpor- (1); and cy, that owns or has responsibility for the (B) select eligible entities to receive tech- public streets, pedestrian walkways, bicycle tation and utility providers. (F) Hiring staff to conduct any of the ac- nical assistance based on— lanes, shared-use paths, or other public facil- (i) the inexperience of the eligible entity in ity for which funding is sought; tivities described in this paragraph. (2) MOBILITY GRANTS.—A mobility grant applying for or administering Federal (2) a public, private, or nonprofit corpora- grants; and tion that owns or has responsibility for the shall be used for the planning, design, con- struction, or improvement of pedestrian (ii) whether the eligible entity is located in public streets or pedestrian walkways, bicy- or serves a low-income community or a com- cle lanes, shared-use paths, or other public walkways or bicycle lanes that are located on a public street or for the planning, design, munity of color. facility for which funding is sought; and (h) PRIORITY.—In selecting eligible entities construction, or improvement of a publicly (3) a nonprofit organization working in co- to receive grants under the program, the accessible shared-use path or trail, including ordination with an entity described in para- Secretary shall give priority to— 1 or more of the following activities: graph (1) or (2). (1) an eligible entity proposing to carry out (A) Conducting a comprehensive mobility (e) APPLICATION.—To be eligible to receive an activity or project in a community that is assessment, which shall— a grant under the program, an eligible entity a low-income community or community of (i) assess the condition of pedestrian or bi- shall submit to the Secretary an application color; cyclist networks and identify gaps; at such time, in such manner, and con- (2) an eligible entity that— (ii) identify hazardous locations and cor- taining such information as the Secretary (A) has entered into a community benefits ridors where fatalities or serious injuries of may require, including a description of— agreement with representatives of the com- pedestrians and bicyclists have occurred; (1) how the eligible entity would use the munity; (iii) measure the level of access by biking funds from the grant; and (B) serves a community in which an anti- and walking to essential destinations, in- (2) the contribution that the projects car- displacement policy is in effect; or cluding access to jobs, housing, healthcare, ried out with funds from the grant would (C) has demonstrated a plan for— schools, public transportation, and retail; make to improving the safety, health out- (i) employing residents in the area im- and comes, and quality of life in low-income pacted by the activity or project through (iv) include an equity analysis, including— communities and communities of color. targeted hiring programs; and (f) TYPES OF GRANTS.— (I) mapping of low-income communities (ii) contracting and subcontracting with (1) TREE CANOPY GRANTS.—A tree canopy and communities of color; disadvantaged business enterprises; and grant shall be used for 1 or more of the fol- (II) identifying disparities in the level of (3) an eligible entity that is partnering lowing activities: access measured under clause (iii) in low-in- with a qualified youth or conservation corps (A) Conducting a comprehensive canopy as- come communities and communities of color (as defined in section 203 of the Public Lands sessment, which shall— compared to surrounding areas; and Corps Act of 1993 (16 U.S.C. 1722)). (i) assess the current tree locations and (III) identifying disparities in the condi- (i) DISTRIBUTION REQUIREMENT.—For each canopy, including— tion and extent of pedestrian and bicyclist fiscal year, not less than 80 percent of the (I) an inventory of the location, species, networks in low-income communities and amounts made available to carry out the condition, and health of existing tree can- communities of color compared to sur- program shall be provided for projects in ur- opies and trees on public facilities; rounding areas. banized areas. (II) an identification of the locations where (B) Community engagement, education, ca- (j) FEDERAL SHARE.— trees need to be replaced; and pacity building, and programming— (1) IN GENERAL.—Except as provided under (III) an identification of empty tree boxes (i) to provide opportunities for public input paragraph (2), the Federal share of the cost or other additional locations where trees into plans to expand safe and convenient pe- of a project carried out under the program is could be added; destrian walkways, bicycle lanes, and 80 percent. (ii) be conducted through on-the-ground in- shared-use paths; (2) WAIVER.—The Secretary may increase ventory and assessment, in conjunction with (ii) to identify community needs and de- the Federal share requirement under para- additional tools such as light detection and velop community-driven mobility solutions; graph (1) to 100 percent for projects carried ranging (commonly known as ‘‘LiDAR’’), and out by an eligible entity that demonstrates satellite imagery, or other internet-based (iii) to develop and execute community economic hardship. tools; and programming that makes active use of a (k) ADMINISTRATION.— (iii) include a tree canopy needs and equity street for community building and for pur- (1) ADMINISTRATIVE COSTS.—For each fiscal analysis, including mapping of— poses other than driving. year, the Secretary may use not more than (I) pedestrian walkways that experience (C) Construction of pedestrian walkways, 2 percent of the amounts made available for high rates of use or that provide pedestrians bicycle lanes, and shared-use paths, includ- the program for the costs of administering with critical connections to jobs, housing, ing acquisition of necessary rights-of-way. the program. healthcare, schools, transit, or retail; (D) Improvements to the condition of pe- (2) TECHNICAL ASSISTANCE.—For each fiscal (II) public transportation stop locations; destrian walkways, bicycle lanes, and year, the Secretary may use not more than (III) flood-prone locations where trees or shared-use paths, including modifications to 10 percent of the amounts made available for other natural infrastructure could mitigate pedestrian walkways and traffic control de- the program to provide technical assistance flooding; vices to comply with accessibility require- under subsection (g). (IV) areas of elevated air pollution; ments under the Americans with Disabilities (l) REPORT.—Not later than 2 years after (V) urban heat islands, where temperatures Act of 1990 (42 U.S.C. 12101 et seq.). the date of enactment of this Act, the Sec- exceed those of surrounding areas; (E) Traffic calming, speed reduction im- retary shall submit to the Committee on En- (VI) areas where tree coverage is lower provements, and construction of pedestrian vironment and Public Works of the Senate than in surrounding areas; crosswalks and intersection improvements and the Committee on Transportation and (VII) low-income communities; and designed to enhance the safety and conven- Infrastructure of the House of Representa- (VIII) communities of color. ience of pedestrians and bicyclists. tives a report that—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7791 (1) assesses the impact of transportation (B) engage and empower underserved com- (B) allows all contractors and subcontrac- improvements funded in whole or in part munities and youth; tors to compete for contracts and sub- under title 23, United States Code, on aver- (C) provide opportunities for youth em- contracts without regard to whether they age traffic speeds, fatalities, and serious in- ployment or job training; are otherwise a party to a collective bar- juries in the areas in which projects are car- (D) establish or expand public-private part- gaining agreement; ried out under the program; and nerships, with a focus on leveraging re- (C) contains guarantees against strikes, (2) identifies the amount of funds provided sources; and lockouts, and other similar job disruptions; under title 23, United States Code, that are (E) take advantage of coordination among (D) sets forth effective, prompt, and mutu- used on activities eligible for assistance various levels of government. ally binding procedures for resolving labor under the program. (b) LIMITATIONS ON USE.—A grant recipient disputes arising during the covered project (m) AUTHORIZATION OF APPROPRIATIONS.— may not use grant funds for— labor agreement; and There is authorized to be appropriated to (1) grant administration costs; (E) provides other mechanisms for labor- carry out the program $1,000,000,000 for each (2) incidental costs related to land acquisi- management cooperation on matters of mu- of fiscal years 2021 through 2025, to remain tion, including appraisal and titling; tual interest and concern, including produc- available until expended. (3) operation and maintenance activities; tivity, quality of work, safety, and health. CHAPTER 4—OUTDOOR RECREATION (4) facilities that support semiprofessional (3) PROJECT LABOR AGREEMENT.—The term LEGACY PARTNERSHIP PROGRAM or professional athletics; ‘‘project labor agreement’’ means a pre-hire SEC. 5451. DEFINITIONS. (5) indoor facilities such as recreation cen- collective bargaining agreement with one or In this chapter: ters or facilities that support primarily non- more labor organizations that— (1) ELIGIBLE ENTITY.— outdoor purposes; or (A) establishes the terms and conditions of (A) IN GENERAL.—The term ‘‘eligible enti- (6) acquisition of land or interests in land employment for a specific construction or ty’’ means— that restrict access to specific persons. maintenance project; and (i) a State or territory of the United SEC. 5454. NATIONAL PARK SERVICE REQUIRE- (B) is described in section 8(f) of the Na- States; MENTS. tional Labor Relations Act (29 U.S.C. 158(f)). (ii) a political subdivision of a State or ter- In carrying out the Outdoor Recreation (4) QUALIFIED ENTITY.—The term ‘‘qualified ritory of the United States, including— Legacy Partnership Program, the Secretary entity’’ means an applicant for certification (I) a city; and shall— under subsection (c) that the Secretary of (II) a county; (1) conduct an initial screening and tech- Labor certifies as a qualified entity in ac- (iii) a special purpose district, including nical review of applications received; and cordance with such subsection. park districts; and (2) evaluate and score all qualifying appli- (5) REGISTERED APPRENTICESHIP PROGRAM.— (iv) an Indian Tribe. cations. The term ‘‘registered apprenticeship pro- (B) POLITICAL SUBDIVISIONS AND INDIAN SEC. 5455. REPORTING. gram’’ has the meaning given the term ‘‘ap- TRIBES.—A political subdivision of a State or (a) ANNUAL REPORTS.—Not later than 30 prenticeship program’’ in section 3101(b). territory of the United States or an Indian days after the last day of each report period, (6) SECRETARY.—The term ‘‘Secretary’’ Tribe shall be considered an eligible entity each State lead agency that receives a grant means the Secretary of Labor. (b) IN GENERAL.— only if the political subdivision or Indian under this chapter shall annually submit to (1) APPLICATION.—Notwithstanding any Tribe represents or otherwise serves a quali- the Secretary performance and financial re- other provision of law, for fiscal year 2021 fying urban area. ports that— and each fiscal year thereafter, each entity (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (1) summarize project activities conducted receiving assistance under this title, or the has the meaning given the term ‘‘Indian during the report period; and amendments made by this title, for a covered tribe’’ in section 4 of the Indian Self-Deter- (2) provide the status of the project. construction or maintenance project shall— mination and Education Assistance Act (25 (b) FINAL REPORTS.—Not later than 90 days (A) as a condition precedent to receiving U.S.C. 5304). after the earlier of the date of expiration of any such assistance for a covered construc- (3) OUTDOOR RECREATION LEGACY PARTNER- a project period or the completion of a tion or maintenance project, be a qualified SHIP PROGRAM.—The term ‘‘Outdoor Recre- project, each State lead agency that receives entity; and ation Legacy Partnership Program’’ means a grant under this chapter shall submit to (B) for the duration of the covered con- the program established under section the Secretary a final report containing such struction or maintenance project, comply 5452(a). information as the Secretary may require. with the labor standards under subsection (d) (4) QUALIFYING URBAN AREA.—The term SEC. 5456. REVENUE SHARING. ‘‘qualifying urban area’’ means an area iden- with respect to the covered construction or (a) IN GENERAL.—Section 105(a)(2)(B) of the maintenance project. tified by the Census Bureau as an ‘‘urban Gulf of Mexico Energy Security Act of 2006 area’’ in the most recent census. (2) INCLUSION.—Notwithstanding any other (43 U.S.C. 1331 note; Public Law 109–432) is provision of law, for fiscal year 2021 and each (5) SECRETARY.—The term ‘‘Secretary’’ amended by inserting before the period at means the Secretary of the Interior. fiscal year thereafter, each entity that is the end ‘‘, of which 20 percent for each of fis- awarded a permit or lease by, or that enters SEC. 5452. GRANTS AUTHORIZED. cal years 2020 through 2055 shall be used by (a) IN GENERAL.—The Secretary shall es- into an agreement with, the Federal Govern- the Secretary of the Interior to provide ment under this title or the amendments tablish an outdoor recreation legacy partner- grants under chapter 4 of subtitle D of title ship program under which the Secretary may made by this title shall— V of the Economic Justice Act’’. (A) as a condition precedent to receiving award grants to eligible entities for (b) SUPPLEMENT NOT SUPPLANT.—Amounts such award or entering into such agreement, projects— made available to the Outdoor Recreation be a qualified entity; and (1) to acquire land and water for parks and Legacy Partnership Program as a result of (B) for the duration of any covered con- other outdoor recreation purposes; and the amendment made by subsection (a) shall struction or maintenance project related to (2) to develop new or renovate existing out- supplement and not supplant any other Fed- the permit, lease, or agreement, comply with door recreation facilities. eral funds made available to carry out the (b) MATCHING REQUIREMENT.— the labor standards under subsection (d) with Outdoor Recreation Legacy Partnership Pro- (1) IN GENERAL.—As a condition of receiv- respect to the covered construction or main- gram. ing a grant under subsection (a), an eligible tenance project. entity shall provide matching funds in the Subtitle E—Labor and Wage Protections (c) CERTIFICATION OF QUALIFIED ENTITIES.— form of cash or an in-kind contribution in an SEC. 5501. LABOR STANDARDS. (1) IN GENERAL.—The Secretary shall estab- amount equal to not less than 100 percent of (a) DEFINITIONS.—In this section: lish a process to certify entities that submit the amounts made available under the grant. (1) COVERED CONSTRUCTION OR MAINTENANCE an application under paragraph (2) as quali- (2) SOURCES.—The matching amounts re- PROJECT.—The term ‘‘covered construction fied entities with respect to covered con- ferred to in paragraph (1) may include or maintenance project’’ means a construc- struction or maintenance projects. amounts made available from State, local, tion or maintenance project, including in- (2) APPLICATION PROCESS.—An entity seek- nongovernmental, or private sources. stallation or removal of applicable infra- ing certification as a qualified entity shall SEC. 5453. ELIGIBLE USES. structure, that is assisted in whole or in part submit an application to the Secretary at (a) IN GENERAL.—A grant recipient may by funds appropriated or made available such time, in such manner, and containing use a grant awarded under this chapter— under this title or the amendments made by such information as the Secretary may rea- (1) to acquire land or water that provides this title, without regard to the form or type sonably require, including information to outdoor recreation opportunities to the pub- of Federal assistance provided. demonstrate compliance with the require- lic; and (2) COVERED PROJECT LABOR AGREEMENT.— ments under subsection (d). (2) to develop or renovate outdoor rec- The term ‘‘covered project labor agreement’’ (3) REQUESTS FOR ADDITIONAL INFORMA- reational facilities that provide outdoor means a project labor agreement that— TION.— recreation opportunities to the public, with (A) binds all contractors and subcontrac- (A) IN GENERAL.—Not later than 1 year priority given to projects that— tors on the construction or maintenance after receiving an application from an entity (A) create or significantly enhance access project through the inclusion of appropriate under paragraph (2), the Secretary may re- to park and recreational opportunities in an specifications in all relevant solicitation quest additional information from the entity urban neighborhood or community; provisions and contract documents; in order to determine whether the entity is

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7792 CONGRESSIONAL RECORD — SENATE December 18, 2020 in compliance with the requirements under retary, rendered against the entity in the of the entity, and other entities that may ac- subsection (d). preceding 3 years (or, in the case of disclo- quire the entity, in the performance or ac- (B) ADDITIONAL INFORMATION TIMING.—The sures after the initial disclosure, during such quisition of any covered construction or entity shall provide such additional informa- period as the Secretary may provide) for vio- maintenance project, to have and abide by tion within 30 days of the Secretary’s re- lations of— an explicit neutrality policy on any issue in- quest under subparagraph (A). (i) the Fair Labor Standards Act of 1938 (29 volving the exercise by employees of the en- (4) DETERMINATION DEADLINE.—The Sec- U.S.C. 201 et seq.); tity as described in subparagraph (E), and of retary shall make a determination regarding (ii) the Occupational Safety and Health all contractors and subcontractors in the whether to certify an entity under this sub- Act of 1970 (29 U.S.C. 651 et seq.); performance of any covered construction or section as a qualified entity not later than— (iii) the Migrant and Seasonal Agricultural maintenance project of the entity, of the (A) in a case in which the Secretary re- Worker Protection Act (29 U.S.C. 1801 et right to organize and bargain collectively quests additional information described in seq.); through representatives of their own choos- paragraph (3), 1 year after the Secretary re- (iv) the National Labor Relations Act (29 ing. ceives such additional information from the U.S.C. 151 et seq.); (H) The entity shall require all contractors entity; or (v) subchapter IV of chapter 31 of title 40, and subcontractors to participate in a reg- (B) in a case that is not described in para- United States Code (commonly known as the istered apprenticeship program for each graph (3)(A), 1 year after the date on which ‘‘Davis-Bacon Act’’); skilled craft employed on any construction the entity submits the application under (vi) chapter 67 of title 41, United States or maintenance project. paragraph (2). Code (commonly known as the ‘‘Service Con- (I) The entity, and all contractors and sub- (5) REMEDIES.— tract Act’’); contractors in the performance of any cov- (A) PRECERTIFICATION REMEDIES.—The Sec- (vii) Executive Order 11246, as amended (re- ered construction or maintenance project, retary shall consider any corrective actions lating to equal employment opportunity); shall not request or otherwise consider the taken by an entity seeking certification (viii) section 503 of the Rehabilitation Act criminal history of an applicant for employ- under this subsection to remedy an adminis- of 1973 (29 U.S.C. 793); ment before extending a conditional offer to trative merits determination, arbitral award (ix) section 4212 of title 38, United States the applicant, unless— or decision, or civil judgment identified Code; (i) a background check is otherwise re- under subsection (d)(2)(C) and shall impose, (x) the Family and Medical Leave Act of quired by law; as a condition of certification, any addi- 1993 (29 U.S.C. 2601 et seq.); (ii) the position is for a Federal law en- tional remedies the Secretary determines (xi) title VII of the Civil Rights Act of 1964 forcement officer (as defined in section necessary, exclusively in the Secretary’s (42 U.S.C. 2000e et seq.); 115(c)(1) of title 18, United States Code) posi- judgment, to— (xii) the Americans with Disabilities Act of tion; or (i) fully remedy any such determination, 1990 (42 U.S.C. 12101 et seq.); (iii) the Secretary, after consultation with decision, or judgment; and (xiii) the Age Discrimination in Employ- the Secretary of Energy, certifies that pre- (ii) avoid further or repeated violations. ment Act of 1967 (29 U.S.C. 621 et seq.); cluding criminal history prior to the condi- (B) POSTCERTIFICATION REMEDIES.—The (xiv) Executive Order 13658 (79 Fed. Reg. tional offer would pose a threat to national Secretary shall have the authority to pursue 9851; relating to establishing a minimum security. and impose any remedies the Secretary de- wage for contractors); or termines necessary, exclusively in the Sec- (xv) equivalent State laws, as defined in (e) DAVIS-BACON ACT.—The Secretary shall retary’s judgment, to fully remedy any vio- guidance issued by the Secretary. have, with respect to the labor standards de- lation of the requirements under subsection (D) The entity, and all contractors and scribed in subsection (d)(2)(A), the authority (d) by a qualified entity, including back subcontractors in the performance of the and functions set forth in Reorganization wages, reinstatement, liquidated damages, covered construction or maintenance Plan Numbered 14 of 1950 (64 Stat. 1267; 5 treble damages, civil penalties, orders to project, shall not require arbitration for any U.S.C. App.) and section 3145 of title 40, bargain, injunctive relief, and any other ap- dispute involving an employee, as described United States Code. propriate remedies. in subparagraph (E), engaged in a service for (f) EMPLOYEE COVERAGE FOR THE PURPOSES (d) LABOR STANDARDS REQUIREMENTS.— the entity or any contractor and subcon- OF PROJECTS UNDER THIS TITLE.—Notwith- (1) APPLICABILITY.— tractor, or enter into any agreement with standing any other provision of law, for pur- (A) REQUIRED FOR CERTIFICATION.—The Sec- such employee requiring arbitration of any poses of each Federal law and executive retary shall require an entity, as a condition such dispute, unless such employee is cov- Order listed in clauses (i) through (xiv) of of certification as a qualified entity under ered by a collective bargaining agreement subsection (d)(2)(C) and for purposes of com- subsection (c), to satisfy each of the require- that provides otherwise. pliance with the requirements under this ments under paragraph (2). (E) For purposes of compliance with each title, any individual performing any service (B) REQUIRED DURING DURATION OF Federal law and executive Order listed in in the performance of a construction or PROJECT.—A qualified entity shall satisfy the clauses (i) through (xiv) of subparagraph (C) maintenance project for an entity, or a con- requirements under paragraph (2) for the du- and the requirements under this section, the tractor or subcontractor of such entity, shall ration of any covered construction or main- entity, and all contractors and subcontrac- be an employee (and not an independent con- tenance project. tors in the performance of the covered con- tractor) of the entity, contractor, or subcon- (2) LABOR STANDARDS.—The requirements struction or maintenance project of the enti- tractor, respectively, with regard to the under this paragraph are the following: ty, shall consider an individual performing service performed in the performance of such (A) The entity shall ensure that all labor- any service in the performance of such con- project unless— ers and mechanics employed by contractors struction or maintenance project as an em- (1) the individual is free from control and and subcontractors in the performance of ployee (and not an independent contractor) direction in connection with the perform- any covered construction or maintenance of the entity or contractor or subcontractor ance of the service, both under the contract project shall be paid wages at rates not less of the entity, respectively, unless— for the performance of the service and in than those prevailing on projects of a similar (i) the individual is free from control and fact; character in the locality as determined by direction in connection with the perform- (2) the service is performed outside the the Secretary in accordance with subchapter ance of the service, both under the contract usual course of the business of the entity, IV of chapter 31 of title 40, United States for the performance of the service and in contractor, or subcontractor, respectively; Code (commonly known as the ‘‘Davis-Bacon fact; and Act’’). (ii) the service is performed outside the (3) the individual is customarily engaged (B) In the case of any covered construction usual course of the business of the entity, in an independently established trade, occu- or maintenance project, the cost of which ex- contractor, or subcontractor, respectively; pation, profession, or business of the same ceeds $25,000,000, the entity shall be a party and nature as that involved in such service. to, or require contractors and subcontractors (iii) the individual is customarily engaged in the performance of such covered construc- in an independently established trade, occu- (g) PERIOD OF VALIDITY FOR CERTIFI- tion or maintenance project to consent to, a pation, profession, or business of the same CATIONS.—A certification made under sub- covered project labor agreement. nature as that involved in such service. section (c) shall be in effect for a period of 5 (C) The entity, and all contractors and sub- (F) The entity shall prohibit all contrac- years. An entity may reapply to the Sec- contractors in performance of any covered tors and subcontractors in the performance retary for an additional certification under construction or maintenance project, shall of any covered construction or maintenance this section in accordance with the applica- represent in the application submitted under project of the entity from hiring employees tion process under subsection (c)(2). subsection (c)(2) (and periodically thereafter through a temporary staffing agency unless (h) REVOCATION OF QUALIFIED ENTITY STA- during the performance of the covered con- the relevant State workforce agency cer- TUS.—The Secretary may revoke the certifi- struction or maintenance project as the Sec- tifies that temporary employees are nec- cation of an entity under subsection (c)as a retary may require) whether there has been essary to address an acute, short-term labor qualified entity at any time in which the any administrative merits determination, demand. Secretary reasonably determines the entity arbitral award or decision, or civil judgment, (G) The entity shall require all contrac- is no longer in compliance with the require- as defined in guidance issued by the Sec- tors, subcontractors, successors in interest ments of subsection (d).

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(i) CERTIFICATION MAY COVER MORE THAN 1 shall have the authority and functions set (3) The extent to which the workforce SUBSTANTIALLY SIMILAR PROJECT.—The Sec- forth in chapter 67 of title 41, United States intermediary has experience with and capa- retary may make certifications under sub- Code. bility to facilitate – section (c) that apply with respect to more (c) APPLICATION OF LABOR STANDARDS TO (A) formal agreements between pre-appren- than 1 construction or maintenance project WOOD HEATER EMISSIONS REDUCTIONS GRANT ticeship programs, with at least one sponsor if the projects to which such certification PROGRAM.—With respect to the wood heater of a registered apprenticeship program; apply are substantially similar projects emissions reductions grant program estab- (B) public private partnership building, which meet the requirements of this section. lished under section 5531(b) and notwith- (C) supportive services; and Such projects shall be treated as a specific standing any other provision of this section, (D) mentoring programs . construction or maintenance project for pur- the requirements of this section shall apply (4) The capability of the workforce inter- poses of subsection (a)(2). only to work performed on multifamily mediary to provide the technical assistance (j) APPLICATION OF LABOR STANDARDS TO buildings. required to increase diversity among partici- WOOD HEATER EMISSIONS REDUCTIONS GRANT pants in registered apprenticeship programs PROGRAM.—With respect to the wood heater SEC. 5503. INFRASTRUCTURE WORKFORCE EQ- or pre-apprenticeship programs. emissions reductions grant program estab- UITY CAPACITY BUILDING PRO- (5) The capability of the workforce inter- lished under section 5531(b) and notwith- GRAM. mediary to measure the impact of targeted standing any other provision of this section, (a) DEFINITIONS.—In this section: strategies and technical assistance. the requirements of this section shall apply (1) INDIVIDUAL WITH A BARRIER TO EMPLOY- (d) USE OF FUNDS.—A qualified entity re- only to work performed on multifamily MENT.—The term ‘‘individual with a barrier ceiving a grant under this section shall use buildings. to employment’’ has the meaning given such grant funds to provide technical assistance (k) AUTHORIZATION OF APPROPRIATIONS.— term in section 3 of the Workforce Innova- to entities receiving a grant under this title There is authorized to be appropriated to tion and Opportunity Act (29 U.S.C. 3102). carry out this section such sums as may be in order for such entities to carry out the (2) REGISTERED APPRENTICESHIP PROGRAM.— following activities and services: necessary for fiscal year 2020 and each fiscal The term ‘‘registered apprenticeship pro- year thereafter. (1) Providing professional development ac- gram’’ has the meaning given the term ‘‘ap- tivities. SEC. 5502. WAGE RATE. prenticeship program’’ in section 3101(b). (a) DAVIS-BACON ACT.— (2) The provision of outreach and recruit- (3) SECRETARY.—The term ‘‘Secretary’’ ment activities, including assessments of po- (1) IN GENERAL.—Notwithstanding any means the Secretary of Labor. other provision of law, for fiscal year 2021 tential participants for such activities, and (4) WORKFORCE INTERMEDIARY.—The term enrollment of participants. and each fiscal year thereafter, all laborers ‘‘workforce intermediary’’ means an entity (3) The coordination of services across pro- and mechanics employed by contractors or that— viders and programs. subcontractors on projects assisted in whole (A) has an affiliate network or offices in (4) The development of performance ac- or in part under this title or the amend- not less than 3 communities and across not countability measures. ments made by this title, without regard to less than 2 States; (5) Connecting employers to— the form or type of Federal assistance pro- (B) has the programmatic capability to (A) work-based learning programs; vided, shall be paid wages at rates not less serve individuals with a barrier to employ- (B) registered apprenticeship programs; or than those prevailing on projects of a similar ment or individuals who are traditionally (C) pre-apprenticeship programs with a for- character in the locality as determined by underrepresented in infrastructure indus- mal agreement with one or more registered the Secretary in accordance with subchapter tries; apprenticeship programs. IV of chapter 31 of title 40, United States (C) has clearly and convincingly dem- (6) Assisting in the design and implementa- Code (commonly known as the ‘‘Davis-Bacon onstrated the capacity to carry out activi- tion of registered apprenticeship programs Act’’). ties described in subsection (d); and and pre-apprenticeship programs, including (2) AUTHORITY.—With respect to the labor (D) submits an application in accordance curriculum development and delivery for re- standards specified in paragraph (1), the Sec- with subsection (c). retary of Labor shall have the authority and lated instruction. functions set forth in Reorganization Plan (b) CAPACITY BUILDING PROGRAM.— (7) Developing and providing personalized Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. (1) IN GENERAL.—From the funds appro- program participant supports, including by App.) and section 3145 of title 40, United priated under subsection (f), the Secretary partnering with organizations to provide ac- States Code. shall award grants, contracts, or other cess to or referrals for supportive services (b) SERVICE EMPLOYEES.— agreements or arrangements as the Sec- and financial advising. (1) IN GENERAL.—Notwithstanding any retary determines appropriate, to workforce (8) Providing services, resources, and sup- other provision of law, for fiscal year 2021 intermediaries for the purpose of building ports for development, delivery, expansion, and each fiscal year thereafter, all service the capacity of entities receiving grants for or improvement of work-based learning pro- employees, including service employees that construction on Federally-assisted projects grams, registered apprenticeship programs, are routine operations workers or routine under this title to implement the activities or pre-apprenticeship programs. and services described in subsection (d) to maintenance workers, who are not subject to (e) REPORT.—A workforce intermediary re- subsection (a) and are employed by contrac- more effectively serve individuals with a ceiving a grant under this section shall, not tors or subcontractors on projects assisted in barrier to employment, including ex-offend- later than 6 months after the grant is award- whole or in part under this title or the ers or individuals who are traditionally ed, submit to the Secretary a report that in- amendments made by this title, without re- underrepresented in the targeted infrastruc- cludes— gard to the form or type of Federal assist- ture industry served through the job train- (1) the impact of the technical assistance ance provided, shall be paid a wage and ing program supported under such title. provided under this section; and fringe benefits that are not less than the (2) AMOUNT.—The amount of a grant award- (2) such other criteria as determined by the minimum wage and fringe benefits estab- ed under this section may not exceed Secretary. $3,000,000. lished in accordance with chapter 67 of title (f) AUTHORIZATION OF APPROPRIATIONS.— 41, United States Code (commonly known as (c) APPLICATION.—A workforce inter- There is authorized to be appropriated to the ‘‘Service Contract Act’’). mediary seeking an award under this section carry out this section $150,000,000 for fiscal (2) DEFINITION OF SERVICE EMPLOYEE.—In shall submit to the Secretary an application year 2021, to remain available through fiscal this subsection, the term ‘‘service em- at such time, in such manner, and con- year 2024. ployee’’— taining such information as required by the (A) means an individual engaged in the Secretary, including a detailed description of SEC. 5504. SEVERABILITY. performance of a project assisted in whole or the following: If any provision of this subtitle, any in part under this title or the amendments (1) The extent to which the workforce amendment made by this subtitle, or the ap- made by this title, without regard to the intermediary has experience in conducting plication of such provision or amendment to form or type of Federal assistance provided, outreach and technical assistance to employ- any person or circumstance is held to be un- the principal purpose of which is to furnish ers, businesses, labor-management organiza- constitutional, the remainder of this Act, services in the United States; tions, the public workforce system, industry the amendments made by this Act, and the (B) includes an individual without regard groups, and other stakeholders that are in- application of such provision or amendment to any contractual relationship alleged to terested in diversifying new or existing reg- to any other person or circumstance shall exist between the individual and a con- istered apprenticeship programs, pre-appren- not be affected. tractor or subcontractor; but ticeship programs, and work-based learning TITLE VI—NEW HOMEBUYERS DOWN (C) does not include an individual em- programs; PAYMENT TAX CREDIT ployed in a bona fide executive, administra- (2) The extent to which the workforce tive, or professional capacity, as those terms intermediary has experience meeting the SEC. 6001. DOWN PAYMENT TAX CREDIT FOR are defined in part 541 of title 29, Code of workforce development needs of individuals FIRST-TIME HOMEBUYERS. Federal Regulations. with a barrier to employment and individ- (a) IN GENERAL.—Section 36 of the Internal (3) AUTHORITY.—With respect to para- uals who are traditionally underrepresented Revenue Code of 1986 is amended to read as graphs (1) and (2), the Secretary of Labor in infrastructure industries; follows:

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DOWN PAYMENT TAX CREDIT FOR such individual (and, if married, such indi- residence ceases to be the principal residence FIRST-TIME HOMEBUYERS. vidual’s spouse)— of the taxpayer (and, if married, the tax- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of ‘‘(i) has not claimed any credit or deduc- payer’s spouse)) during the 4-taxable-year pe- an individual who is a first-time homebuyer tion under this title for any previous taxable riod beginning with the taxable year imme- of a principal residence in the United States year with respect to the purchase or owner- diately following the credit year, the tax im- during a taxable year, there shall be allowed ship of any residence or residential real es- posed by this chapter for the taxable year in as a credit against the tax imposed by this tate (including for any expenditures relating which such disposal (or cessation) occurs subtitle for such taxable year an amount to the placing in service of any property on, shall be increased by an amount equal to the equal to 6 percent of the purchase price of in connection with, or for use in such a resi- recapture percentage of the amount of the the residence. dence or real estate), and credit so allowed. ‘‘(b) LIMITATIONS; SPECIAL RULES BASED ON ‘‘(ii) attests under penalty of perjury ‘‘(B) CREDIT YEAR.—For purposes of sub- MARITAL AND FILING STATUS.— that— paragraph (A), the term ‘credit year’ means ‘‘(1) DOLLAR LIMITATION.—The credit al- ‘‘(I) the individual (and, if married, the in- the taxable year in which the credit under lowed under subsection (a) shall not exceed dividual’s spouse) has not owned a principal $15,000. subsection (a) was allowed. residence at any time prior to the purchase ‘‘(C) RECAPTURE PERCENTAGE.—For pur- ‘‘(2) LIMITATION BASED ON PURCHASE of the principal residence to which this sec- poses of subparagraph (A), the recapture per- PRICE.—The amount allowable as a credit tion applies, and centage with respect to any disposal or ces- under subsection (a) (determined without re- ‘‘(II) the principal residence to which this gard to this paragraph and paragraph (3), and sation described in such subparagraph shall section applies was not acquired from a per- be determined in accordance with the fol- after the application of paragraph (1)) for the son related to such individual or spouse. taxable year shall be reduced (but not below lowing table: ‘‘(B) WAIVER IN CASE OF CERTAIN CHANGES IN zero) by the amount which bears the same ‘‘If the disposal or ces- The recapture percent- STATUS.—The Secretary may, in such man- sation occurs in: age is: ratio to the amount which is so allowable ner as the Secretary may prescribe, waive as— the 1st taxable year beginning the requirements of subparagraph (A) for a after the credit year ...... 80 percent ‘‘(A) the excess (if any) of— taxable year in the case of an individual who ‘‘(i) the purchase price of the residence, the 2nd taxable year beginning is not eligible to file a joint return for the after the credit year ...... 60 percent over taxable year, and who was married at the the 3rd taxable year beginning ‘‘(ii) $400,000, bears to time the individual or the individual’s after the credit year ...... 40 percent ‘‘(B) $100,000. former spouse purchased a previous resi- the 4th taxable year beginning ‘‘(3) LIMITATION BASED ON MODIFIED AD- dence. after the credit year ...... 20 percent. JUSTED GROSS INCOME.— ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- ‘‘(A) IN GENERAL.—The amount allowable cipal residence’ has the same meaning as ‘‘(D) EXCEPTIONS.—This paragraph shall as a credit under subsection (a) (determined when used in section 121. not apply in the case of a disposal or ces- sation described in subparagraph (A) which without regard to this paragraph and after ‘‘(3) PURCHASE.— occurs after or incident to any of the fol- the application of paragraphs (1) and (2)) for ‘‘(A) IN GENERAL.—The term ‘purchase’ the taxable year shall be reduced (but not means any acquisition, but only if— lowing: below zero) by the amount which bears the ‘‘(i) the property is not acquired from a ‘‘(i) Death of the taxpayer or the tax- same ratio to the amount which is so allow- person related to the person acquiring such payer’s spouse. able as— property (or, if either such person is married, ‘‘(ii) Divorce of the taxpayer. ‘‘(i) the excess (if any) of— such individual’s spouse), and ‘‘(iii) Involuntary conversion of the resi- ‘‘(I) the taxpayer’s modified adjusted gross ‘‘(ii) the basis of the property in the hands dence (within the meaning of section income for such taxable year, over of the person acquiring such property is not 121(d)(5)(A)). ‘‘(II) $100,000 ($200,000 in the case of a joint determined— ‘‘(iv) Relocation of duty station or quali- return), bears to ‘‘(I) in whole or in part by reference to the fied official extended duty (as defined in sec- ‘‘(ii) $20,000. adjusted basis of such property in the hands tion 121(d)(9)(C)) of the taxpayer or the tax- ‘‘(B) MODIFIED ADJUSTED GROSS INCOME.— of the person from whom acquired, or payer’s spouse who is a member of the uni- For purposes of subparagraph (A), the term ‘‘(II) under section 1014(a). formed services (as defined in section ‘modified adjusted gross income’ means the ‘‘(B) CONSTRUCTION.—A residence which is 121(d)(9)(C)(ii)), a member of the Foreign adjusted gross income of the taxpayer for the constructed by the taxpayer shall be treated Service of the United States (as defined in taxable year increased by any amount ex- as purchased by the taxpayer on the date the section 121(d)(9)(C)(iii)), or an employee of cluded from gross income under section 911, taxpayer first occupies such residence. the intelligence community (as defined in 931, or 933. ‘‘(4) PURCHASE PRICE.—The term ‘purchase section 121(d)(9)(C)(iv)). ‘‘(4) AGE LIMITATION.—No credit shall be al- price’ means the adjusted basis (without re- ‘‘(v) Change of employment of the taxpayer lowed under subsection (a) with respect to gard to any reduction under section or the taxpayer’s spouse which meets the the purchase of any residence for a taxable 1016(a)(38)) of the principal residence on the conditions of section 217(c). year if— date such residence is purchased. ‘‘(vi) Loss of employment, health condi- ‘‘(A) the taxpayer has not attained age 18 ‘‘(5) RELATED PERSONS.—A person shall be tions, or such other unforeseen cir- as of the date of such purchase, or treated as related to another person if the cumstances as may be specified by the Sec- ‘‘(B) a deduction under section 151 with re- relationship between such persons would re- retary. spect to the taxpayer is allowable to another sult in the disallowance of losses under sec- ‘‘(e) ADJUSTMENT TO BASIS.—For purposes taxpayer for the taxable year. tion 267 or 707(b) (but, in applying sub- of this subtitle, if a credit is allowed under In the case of a taxpayer who is married, the sections (b) and (c) of section 267 for purposes this section with respect to any property, taxpayer shall be treated as meeting the age of this section, paragraph (4) of section 267(c) the taxpayer’s basis in such property shall be requirement of subparagraph (A) if the tax- shall be treated as providing that the family reduced by the amount of the credit so al- payer or the taxpayer’s spouse meets such of an individual shall include only the indi- lowed. age requirement. vidual’s spouse, ancestors, lineal descend- ‘‘(f) REPORTING.— ‘‘(5) MULTIPLE PURCHASERS.—If 2 or more ants, and spouse’s ancestors and lineal de- ‘‘(1) IN GENERAL.—A credit shall be allowed individuals who are not married purchase a scendants). under this section only if the following are principal residence, the amount of the credit ‘‘(6) MARITAL STATUS.—An individual’s included on the return of tax: under subsection (a) shall be allocated marital status shall be determined in accord- ‘‘(A) The individual’s (and, if married, the among such individuals in such manner as ance with section 7703. individual’s spouse’s) social security number the Secretary may prescribe by taking into ‘‘(d) DENIAL AND RECAPTURE RULES IN CASE issued by the Social Security Administra- account the requirements of paragraphs (2) OF DISPOSAL OF RESIDENCE WITHIN 5 TAXABLE tion. and (3), except that the total amount of the YEARS.— ‘‘(B) The street address (not including a credits allowed to all such individuals shall ‘‘(1) DENIAL OF CREDIT IN CASE OF DISPOSAL post office box) of the principal residence not exceed $15,000. WITHIN TAXABLE YEAR.—No credit under sub- purchased. ‘‘(6) MARRIED COUPLES MUST FILE JOINT RE- section (a) shall be allowed to any taxpayer ‘‘(C) The purchase price of the principal TURN.—If an individual is married at the for any taxable year with respect to the pur- residence. close of the taxable year, the credit shall be chase of a residence if the taxpayer disposes ‘‘(D) The date of purchase of the principal allowed under subsection (a) only if the indi- of such residence (or such residence ceases to residence. vidual and the individual’s spouse file a joint be the principal residence of the taxpayer ‘‘(E) The closing disclosure relating to the return for the taxable year. (and, if married, the taxpayer’s spouse)) be- purchase (in the case of a purchase financed ‘‘(c) DEFINITIONS.—For purposes of this sec- fore the close of such taxable year. by a mortgage). tion— ‘‘(2) PARTIAL RECAPTURE.— ‘‘(2) REPORTING OF REAL ESTATE TRANS- ‘‘(1) FIRST-TIME HOMEBUYER.— ‘‘(A) IN GENERAL.—Except as provided in ACTIONS.—If the Secretary requires informa- ‘‘(A) IN GENERAL.—The term ‘first-time subparagraph (D), if the taxpayer disposes of tion reporting under section 6045 by a person homebuyer’ means any individual who ac- the residence with respect to which a credit described in subsection (e)(2) thereof to quires a principal residence by purchase if was allowed under subsection (a) (or such verify the eligibility of taxpayers for the

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7795 credit allowable by this section, the excep- developed by such Secretary (or delegate) for the same number of bedrooms in the same tion provided by section 6045(e)(5) shall not making the credit under section 36 of the In- building which is not an eligible unit, or apply. ternal Revenue Code of 1986, as amended by ‘‘(ii) an amount equal to the market rent ‘‘(g) TERMINATION.—Subsection (a) shall this Act, advanceable to the taxpayer at the standard for such unit. not apply to any purchase of a principal resi- time of purchase of the principal residence ‘‘(B) MARKET RENT STANDARD.— dence after December 31, 2021.’’. with respect to which such credit is deter- ‘‘(i) IN GENERAL.—The market rent stand- (b) CONFORMING AMENDMENT RELATING TO mined. ard with respect to any eligible unit is— BASIS ADJUSTMENT.—Subsection (a) of sec- (2) REGULATIONS.—The Secretary of the ‘‘(I) the small area fair market rent deter- tion 1016 of the Internal Revenue Code of 1986 Treasury (or such Secretary’s delegate) shall mined by the Secretary of Housing and is amended— promulgate regulations or other guidance Urban Development for units with the same (1) by striking ‘‘and’’ at the end of para- implementing advanceability of the credit number of bedrooms in the same zip code graph (37), under such section 36 based on feedback from tabulation area, or (2) by redesignating paragraph (38) as para- the Committee on Finance of the Senate and ‘‘(II) if there is no rent described in sub- graph (39), and the Committee on Ways and Means of the clause (I) for such area, the fair market rent (3) by inserting after paragraph (37) the fol- House of Representatives on the report re- determined by such Secretary for units with lowing new paragraph: quired by paragraph (1). the same number of bedrooms in the same ‘‘(38) to the extent provided in section (h) EFFECTIVE DATE.—The amendments county. 36(e).’’. made by this section shall apply to resi- ‘‘(ii) STATE OPTION.—A State may in its (c) CONFORMING AMENDMENT.—Section dences purchased in taxable years beginning rental reduction allocation plan provide that 26(b)(2) of the Internal Revenue Code of 1986 after December 31, 2020. the market rent standard for all (or any is amended by striking subparagraph (W) and TITLE VII—RENTERS AND LOW-INCOME part) of a zip code tabulation area or county by redesignating subparagraphs (X) and (Y) HOUSING TAX CREDITS within the State shall be equal to a percent- as subparagraphs (W) and (X), respectively. SEC. 7001. RENTERS CREDIT. age (not less than 75 nor more than 125) of (d) CLERICAL AMENDMENT.—The item relat- (a) IN GENERAL.—Subpart C of part IV of the amount determined under clause (i) ing to section 36 in the table of sections for subchapter A of chapter 1 of the Internal (after application of clause (iii)) for such subpart C of part IV of subchapter A of chap- Revenue Code of 1986 is amended by inserting area or county. ter 1 of the Internal Revenue Code of 1986 is after section 36B the following new section: ‘‘(iii) MINIMUM AMOUNT.—Notwithstanding amended to read as follows: ‘‘SEC. 36C. RENTERS CREDIT. clause (i), the market rent standard with re- ‘‘Sec. 36. Down payment tax credit for first- ‘‘(a) DETERMINATION OF CREDIT AMOUNT.— spect to any eligible unit for any year in the time homebuyers.’’. ‘‘(1) IN GENERAL.—There shall be allowed as credit period after the first year in the credit (e) AUTHORITY TO TREAT CLAIM OF CREDIT a credit against the tax imposed by this sub- period for such unit shall not be less than AS ERROR, ETC.—Subparagraph (N) of section title for any taxable year an amount equal the market rent standard determined for 6213(g)(2) of the Internal Revenue Code of to the sum of the amounts determined under such first year. 1986 is amended to read as follows: paragraph (2) for all qualified buildings with ‘‘(3) FAMILY RENTAL PAYMENT REQUIRE- ‘‘(N) in the case of a return claiming the a credit period which includes months occur- MENTS.— credit under section 36— ring during the taxable year. ‘‘(A) IN GENERAL.—Each qualified rental re- ‘‘(i) the omission of a social security num- ‘‘(2) QUALIFIED BUILDING AMOUNT.—The duction agreement with respect to any quali- ber required under section 36(f)(1)(A), amount determined under this paragraph fied building shall require that the family ‘‘(ii) the inclusion of a social security num- with respect to any qualified building for rental payment for an eligible unit within ber so required if— any taxable year shall be an amount equal to such building for any month shall be equal ‘‘(I) the claim of the credit on the return the lesser of— to the lesser of— reflects the treatment of such individual as ‘‘(A) the aggregate qualified rental reduc- ‘‘(i) 30 percent of the monthly family in- being of an age different from the individ- tion amounts for all eligible units within come of the residents of the unit (as deter- ual’s age based on such social security num- such building for months occurring during mined under subsection (e)(5)), or ber, or the taxable year which are within the credit ‘‘(ii) the applicable rent for such unit. ‘‘(II) except as provided in section period for such building, or ‘‘(B) UTILITY COSTS.—Any utility allowance 36(c)(1)(B), such social security number has ‘‘(B) the rental reduction credit amount al- (determined by the Secretary in the same been included (other than as a dependent for located to such building for such months. manner as under section 42(g)(2)(B)(ii)) paid purposes of section 151) on a return for any ‘‘(3) QUALIFIED BUILDING.—For purposes of by residents of an eligible unit shall be taken previous taxable year claiming any credit or this section— into account as rent in determining the fam- deduction described in section 36(c)(1)(A)(i), ‘‘(A) IN GENERAL.—The term ‘qualified ily rental payment for such unit for purposes ‘‘(iii) the omission of any other required building’ means any building which is resi- of this paragraph. information or documentation described in dential rental property (as defined in section ‘‘(c) RENTAL REDUCTION CREDIT AMOUNT.— section 36(f)(1), including the inclusion of a 168(e)(2)(A)) of the taxpayer with respect to For purposes of this section— post office box instead of a street address for which— ‘‘(1) DETERMINATION OF AMOUNT.— the purchased residence, ‘‘(i) a rental reduction credit amount has ‘‘(A) IN GENERAL.—The term ‘rental reduc- ‘‘(iv) the inclusion of any information or been allocated by a rental reduction credit tion credit amount’ means, with respect to documentation described in clause (iii) if agency of a State, and any qualified building, the dollar amount such information or documentation does not ‘‘(ii) a qualified rental reduction agree- which is allocated to such building (and to support a valid claim for the credit, or ment is in effect. eligible units within such building) under ‘‘(v) a claim of such credit for a taxable ‘‘(B) BUILDING NOT DISQUALIFIED BY OTHER this subsection. Such dollar amount shall be year with respect to the purchase of a resi- ASSISTANCE.—A building shall not fail to be allocated to months in the credit period with dence made after the last day of such taxable treated as a qualified building merely be- respect to such building (and such units) on year, or’’. cause— the basis of the estimates described in para- (f) IRS RECORDKEEPING.—Notwithstanding ‘‘(i) a credit was allowed under section 42 graph (2)(B). the limitations on assessment and collection with respect to such building or there was ‘‘(B) ALLOCATION ON PROJECT BASIS.—In the under section 6501 of the Internal Revenue any other Federal assistance in the construc- case of a project which includes (or will in- Code of 1986, the Commissioner of Internal tion or rehabilitation of such building, or clude) more than 1 building, the rental re- Revenue shall maintain in perpetuity ‘‘(ii) Federal rental assistance was pro- duction credit amount shall be the dollar records of returns and return information (as vided for such building during any period amount which is allocated to such project defined in section 6103(b)(2) of such Code) of preceding the credit period. for all buildings included in such project. any taxpayer claiming the credit under sec- ‘‘(b) QUALIFIED RENTAL REDUCTION Subject to the limitation under subsection tion 36 of such Code (as amended by this sec- AMOUNT.—For purposes of this section— (e)(3)(B), such amount shall be allocated tion) for the taxable year in which such cred- ‘‘(1) IN GENERAL.—The term ‘qualified rent- among such buildings in the manner speci- it is claimed and succeeding taxable years. al reduction amount’ means, with respect to fied by the taxpayer unless the qualified The Commissioner may, in the Commis- any eligible unit for any month, an amount rental reduction agreement with respect to sioner’s discretion, discard such records equal to the applicable percentage (as deter- such project provides for such allocation. within a reasonable amount of time after the mined under subsection (e)(1)) of the excess ‘‘(2) STATE ALLOCATION.— death of such taxpayer (and, if married, the of— ‘‘(A) IN GENERAL.—Except as provided in taxpayer’s spouse). ‘‘(A) the applicable rent for such unit, over subparagraph (C), each rental reduction cred- (g) ADVANCEABILITY OF CREDIT.— ‘‘(B) the family rental payment required it agency of a State shall each calendar year (1) REPORT.—Not later than 90 days after for such unit. allocate its portion of the State rental re- the date of the enactment of this Act, the ‘‘(2) APPLICABLE RENT.— duction credit ceiling to qualified buildings Secretary of the Treasury (or such Sec- ‘‘(A) IN GENERAL.—The term ‘applicable (and to eligible units within each such build- retary’s delegate) shall report to the Com- rent’ means, with respect to any eligible unit ing) in accordance with the State rental re- mittee on Finance of the Senate and the for any month, the lesser of— duction allocation plan. Committee on Ways and Means of the House ‘‘(i) the amount of rent which would be ‘‘(B) ALLOCATIONS TO EACH BUILDING.—The of Representatives on administrative options charged for a substantially similar unit with rental reduction credit amount allocated to

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any qualified building shall not exceed the amount allocated to any building which, ‘‘(1) ESTABLISHMENT OF RESERVES.— aggregate qualified rental reduction after the close of the calendar year for which ‘‘(A) IN GENERAL.—Each rental reduction amounts which such agency estimates will the allocation is made— credit agency of a State shall establish a re- occur over the credit period for eligible units ‘‘(i) is canceled by mutual consent of the serve for the transfer and reallocation of within such building, based on reasonable es- rental reduction credit agency and the tax- amounts pursuant to this paragraph, and timates of rents, family incomes, and vacan- payer because the estimates made under notwithstanding any other provision of this cies in accordance with procedures estab- paragraph (2)(B) were substantially incor- section, the rental reduction credit amount lished by the State as part of its State rental rect, or allocated to any building by such agency reduction allocation plan. ‘‘(ii) is canceled by the rental reduction shall be zero unless such agency has in effect ‘‘(C) SPECIFIC ALLOCATIONS.— credit agency because the taxpayer violates such a reserve at the time of the allocation ‘‘(i) NONPROFIT ORGANIZATIONS.—At least 25 the qualified rental reduction agreement of such credit amount. percent of the State rental reduction credit and, under the terms of the agreement, the ‘‘(B) TRANSFERS TO RESERVE.— ceiling for any State for any calendar year rental reduction credit agency is authorized ‘‘(i) IN GENERAL.—If, for any taxable year, shall be allocated to qualified buildings in to cancel all (or any portion) of the alloca- a taxpayer would (but for this subparagraph) which a qualified nonprofit organization (as tion by reason of the violation. not be able to use the entire rental reduction defined in section 42(h)(5)(C)) owns (directly ‘‘(C) PER CAPITA DOLLAR AMOUNT; MINIMUM credit amount allocated to a qualified build- or through a partnership) an interest and CEILING AMOUNT.—For purposes of this para- ing by a rental reduction credit agency of a materially participates (within the meaning graph— State for the taxable year because of a rental of section 469(h)) in the operation of the ‘‘(i) PER CAPITA DOLLAR AMOUNT.—The per reduction shortfall, then the taxpayer shall building throughout the credit period. A capita dollar amount is— for the taxable year transfer to the reserve State may waive or lower the requirement ‘‘(I) for each of calendar years 2021, 2022, established by such agency under subpara- under this clause for any calendar year if it 2023, 2024, and 2025, $14.35, and graph (A) an amount equal to such rental re- determines that meeting such requirement is ‘‘(II) for any calendar year after 2025, zero. duction shortfall. not feasible. ‘‘(ii) MINIMUM CEILING AMOUNT.—The min- ‘‘(ii) RENTAL REDUCTION SHORTFALL.—For ‘‘(ii) RURAL AREAS.— imum ceiling amount is— purposes of this subparagraph, the rental re- ‘‘(I) IN GENERAL.—The State rental reduc- ‘‘(I) for each of calendar years 2021, 2022, duction shortfall for any qualified building tion credit ceiling for any State for any cal- 2023, 2024, and 2025, $25,000,000, and for any taxable year is the amount by which endar year shall be allocated to buildings in ‘‘(II) for any calendar year after 2025, zero. the aggregate amount of the excesses deter- rural areas (as defined in section 520 of the ‘‘(D) POPULATION.—For purposes of this mined under subsection (b)(1) for all eligible Housing Act of 1949) in an amount which, as paragraph, population shall be determined in units within such building are less than such determined by the Secretary of Housing and accordance with section 146(j). aggregate amount estimated under sub- Urban Development, bears the same ratio to ‘‘(E) UNUSED RENTAL REDUCTION CREDIT AL- section (c)(2)(B) for the taxable year. such ceiling as the number of extremely low- LOCATED AMONG CERTAIN STATES.— ‘‘(iii) TREATMENT OF TRANSFERRED income households with severe rent burdens ‘‘(i) IN GENERAL.—The unused rental reduc- AMOUNT.—For purposes of subsection in such rural areas bears to the total number tion credit of a State for any calendar year (a)(2)(A), the aggregate qualified rental re- of such households in the State. shall be assigned to the Secretary for alloca- duction amounts for all eligible units within ‘‘(II) ALTERNATIVE 5-YEAR TESTING PE- tion among qualified States for the suc- a qualified building with respect to which RIOD.—In the case of the 5-calendar year pe- ceeding calendar year. clause (i) applies for any taxable year shall riod beginning in 2021, a State shall not be ‘‘(ii) UNUSED RENTAL REDUCTION CREDIT.— be increased by an amount equal to the ap- treated as failing to meet the requirements For purposes of this subparagraph, the un- plicable percentage (determined under sub- of subclause (I) for any calendar year in such used rental reduction credit of a State for section (e)(1) for the building) of the amount period if, as determined by the Secretary, any calendar year is the excess (if any) of— of the transfer to the reserve under clause (i) the average annual amount allocated to such ‘‘(I) the State rental reduction credit ceil- with respect to such building for such tax- rural areas during such period meets such re- ing for the year preceding such year, over able year. quirements. ‘‘(II) the aggregate rental reduction credit ‘‘(C) REALLOCATION OF AMOUNTS TRANS- ‘‘(3) APPLICATION OF ALLOCATED CREDIT amounts allocated for such year. FERRED.— AMOUNT.— ‘‘(iii) FORMULA FOR ALLOCATION OF UNUSED ‘‘(i) IN GENERAL.—If, for any taxable year— ‘‘(A) AMOUNT AVAILABLE TO TAXPAYER FOR CREDIT AMONG QUALIFIED STATES.—The ‘‘(I) the aggregate qualified rental reduc- ALL MONTHS IN CREDIT PERIOD.—Any rental amount allocated under this subparagraph to tion amounts for all eligible units within a reduction credit amount allocated to any a qualified State for any calendar year shall qualified building for the taxable year exceed qualified building out of the State rental re- be the amount determined by the Secretary ‘‘(II) the rental reduction credit amount al- duction credit ceiling for any calendar year to bear the same ratio to the aggregate un- located to such building by a rental reduc- shall apply to such building for all months in used rental reduction credits of all States for tion credit agency of a State for the taxable the credit period ending during or after such the preceding calendar year as such State’s year (determined after any increase under calendar year. population for the calendar year bears to the paragraph (2)), ‘‘(B) CEILING FOR ALLOCATION YEAR REDUCED population of all qualified States for the cal- the rental reduction credit agency shall, BY ENTIRE CREDIT AMOUNT.—Any rental re- endar year. For purposes of the preceding upon application of the taxpayer, pay to the duction credit amount allocated to any sentence, population shall be determined in taxpayer from the reserve established by qualified building out of an allocating agen- accordance with section 146(j). such agency under subparagraph (A) the cy’s State rental reduction credit ceiling for ‘‘(iv) QUALIFIED STATE.—For purposes of amount which, when multiplied by the appli- any calendar year shall reduce such ceiling this subparagraph, the term ‘qualified State’ cable percentage (determined under sub- for such calendar year by the entire amount means, with respect to a calendar year, any section (e)(1) for the building), equals such so allocated for all months in the credit pe- State— excess. If the amount in the reserve is less riod (as determined on the basis of the esti- ‘‘(I) which allocated its entire State rental than the amounts requested by all taxpayers mates under paragraph (2)(B)) and no reduc- reduction credit ceiling for the preceding for taxable years ending within the same cal- tion shall be made in such agency’s State calendar year, and endar year, the agency shall ratably reduce rental reduction credit ceiling for any subse- ‘‘(II) for which a request is made (at such the amount of each payment otherwise re- quent calendar year by reason of such alloca- time and in such manner as the Secretary quired to be made. tion. may prescribe) to receive an allocation ‘‘(ii) EXCESS RESERVE AMOUNTS.—If a rental ‘‘(4) STATE RENTAL REDUCTION CREDIT CEIL- under clause (iii). reduction credit agency of a State deter- ING.— ‘‘(5) OTHER DEFINITIONS.—For purposes of mines that the balance in its reserve is in ex- ‘‘(A) IN GENERAL.—The State rental reduc- this section— cess of the amounts reasonably needed over tion credit ceiling applicable to any State ‘‘(A) RENTAL REDUCTION CREDIT AGENCY.— the following 5 calendar years to make pay- for any calendar year shall be an amount The term ‘rental reduction credit agency’ ments under clause (i), the agency may with- equal to the sum of— means any agency authorized by a State to draw such excess but only to— ‘‘(i) the greater of— carry out this section. Such authorization ‘‘(I) reduce the rental payments of eligible ‘‘(I) the per capita dollar amount multi- shall include the jurisdictions within the tenants in a qualified building in units other plied by the State population, or State where the agency may allocate rental than eligible units, or of eligible tenants in ‘‘(II) the minimum ceiling amount, plus reduction credit amounts. units in a building other than a qualified ‘‘(ii) the amount of the State rental reduc- ‘‘(B) POSSESSIONS TREATED AS STATES.—The building, to amounts no higher than the sum tion credit ceiling returned in the calendar term ‘State’ includes a possession of the of rental payments required for eligible ten- year. United States. ants in qualified buildings under subsection ‘‘(B) RETURN OF STATE CEILING AMOUNTS.— ‘‘(C) FAMILY.—The term ‘family’ has the (b)(3) and any rental charges to such tenants For purposes of subparagraph (A)(ii), except same meaning as when used in the United in excess of the market rent standard; or as provided in subsection (d)(2), the amount States Housing Act of 1937. ‘‘(II) address maintenance and repair needs of the State rental reduction credit ceiling ‘‘(d) MODIFICATIONS TO CORRECT INAC- in qualified buildings that cannot reasonably returned in a calendar year equals the CURATE AMOUNTS DUE TO INCORRECT ESTI- be met using other resources available to the amount of the rental reduction credit MATES.— owners of such buildings.

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‘‘(D) ADMINISTRATION.—Each rental reduc- ‘‘(B) STATE OPTION TO REDUCE PERIOD.—A ment with respect to a qualified building tion credit agency of a State shall establish rental reduction credit agency may provide a shall provide that if, by reason of an increase procedures for the timing and manner of credit period for any qualified building in family income described in clause (i), transfers and payments made under this which is less than 15 years. there is no qualified rental reduction amount paragraph. ‘‘(3) ELIGIBLE UNIT.— with respect to the dwelling unit for 2 con- ‘‘(E) SPECIAL RULE FOR PROJECTS.—In the ‘‘(A) IN GENERAL.—The term ‘eligible unit’ secutive years, the taxpayer shall rent the case of a rental reduction credit allocated to means, with respect to any qualified build- next available unit to an eligible tenant a project consisting of more than 1 qualified ing, a unit— (without regard to whether such unit is an building, a taxpayer may elect to have this ‘‘(i) which is occupied by an eligible ten- eligible unit under this section). paragraph apply as if all such buildings were ant, ‘‘(C) APPLICABLE POVERTY LINE.—The term 1 qualified building if the applicable percent- ‘‘(ii) the rent of which for any month ‘applicable poverty line’ means the most re- age for each such building is the same. equals 30 percent of the monthly family in- cently published poverty line (within the ‘‘(F) ALTERNATIVE METHODS OF TRANSFER come of the residents of such unit (as deter- meaning of section 2110(c)(5) of the Social AND REALLOCATION.—Upon request to, and ap- mined under paragraph (5)), Security Act (42 U.S.C. 1397jj(c)(5))) as of the proval by, the Secretary, a State may estab- ‘‘(iii) with respect to which the tenant is time of the determination as to whether an lish an alternative method for the transfer not concurrently receiving rental assistance individual is an eligible tenant. and reallocation of amounts otherwise re- under any other Federal program, and ‘‘(5) FAMILY INCOME.— quired to be transferred to, and allocated ‘‘(iv) which is certified to the rental reduc- ‘‘(A) IN GENERAL.—Family income shall be from, a reserve under this paragraph. Any tion credit agency as an eligible unit for pur- determined in the same manner as under sec- State adopting an alternative method under poses of this section and the qualified rental tion 8 of the United States Housing Act of this subparagraph shall, at such time and in reduction agreement. 1937. such manner as the Secretary prescribes, Notwithstanding clause (iii), a State may ‘‘(B) TIME FOR DETERMINING INCOME.— provide to the Secretary and the Secretary provide in its State rental reduction alloca- ‘‘(i) IN GENERAL.—Except as provided in of Housing and Urban Development detailed tion plan that an eligible unit shall also not this subparagraph, family income shall be reports on the operation of such method, in- include a unit with respect to which any determined at least annually on the basis of cluding providing such information as such resident is receiving rental assistance under income for the preceding calendar year. Secretaries may require. a State or local program. ‘‘(ii) FAMILIES ON FIXED INCOME.—If at least ‘‘(2) ALLOCATION OF RETURNED STATE CEIL- ‘‘(B) LIMITATION ON NUMBER OF UNITS.— 90 percent of the family income of the resi- ING AMOUNTS.—In the case of any rental re- ‘‘(i) IN GENERAL.—The number of units dents of a unit at the time of any determina- duction credit amount allocated to a quali- which may be certified as eligible units with tion under clause (i) is derived from pay- fied building which is canceled as provided in respect to any qualified building under sub- ments under title II or XVI of the Social Se- subsection (c)(4)((B)(i), the rental reduction paragraph (A)(iv) at any time shall not ex- curity Act (or any similar fixed income credit agency may, in lieu of treating such ceed the greater of— amounts specified by the Secretary), the tax- allocation as a returned credit amount under ‘‘(I) 40 percent of the total units in such payer may elect to treat such payments (or subsection (c)(4)(A)(ii), elect to allocate, building, or amounts) as the family income of such resi- ‘‘(II) 25 units. dents for the year of the determination and upon the request of the taxpayer, such In the case of an allocation to a project the 2 succeeding years, except that the tax- amount to any other qualified building for under subsection (c)(1)(B), the limitation payer shall, in such manner as the Secretary which the credit amount allocated in any under the preceding sentence shall be applied may prescribe, adjust such amount for in- preceding calendar year was too small be- on a project basis and the certification of creases in the cost of living. cause the estimates made under subsection such eligible units shall be allocated to each ‘‘(iii) INITIAL INCOME.—The Secretary may (c)(2)(B) were substantially incorrect. building in the project, except that if build- allow a State to provide that the family in- ‘‘(3) RENTING TO NONELIGIBLE TENANTS.—If, ings in such project are on non-contiguous come of residents at the time such residents after the application of paragraphs (1)(C) (or tracts of land, buildings on each such tract first rent a unit in a qualified building may any similar reallocation under paragraph shall be treated as a separate project for pur- be determined on the basis of current or an- (1)(F)) and (2), a rental reduction credit poses of applying this sentence. ticipated income. agency of a State determines that, because ‘‘(ii) BUILDINGS RECEIVING PREVIOUS FED- ‘‘(iv) SPECIAL RULES WHERE FAMILY INCOME of the incorrect estimates under subsection ERAL RENTAL ASSISTANCE.—If, at any time IS REDUCED.— If residents of a unit establish (c)(2)(B), the aggregate qualified rental re- prior to the entering into of a qualified rent- (in such manner as the rental reduction cred- duction amounts for all eligible units within al reduction agreement with respect to a it agency provides) that their family income a qualified building will (on an ongoing qualified building, tenants in units within has been reduced by at least 10 percent below basis) exceed the rental reduction credit such building had been receiving project- such income for the determination year— amount allocated to such building, a tax- based rental assistance under any other Fed- ‘‘(I) such residents may elect, at such time payer may elect, subject to subsection (g)(2) eral program, then, notwithstanding clause and in such manner as such agency may pre- and only to the extent necessary to elimi- (i), the maximum number of units which scribe, to have their family income redeter- nate such excess, rent vacant eligible units may be certified as eligible units with re- mined, and without regard to the requirements that spect to the building under subparagraph ‘‘(II) clause (ii) shall not apply to any of such units be rented only to eligible tenants (A)(iv) shall not be less than the sum of— the 2 succeeding years described in such and at the rental rate determined under sub- ‘‘(I) the maximum number of units in the clause which are specified in the election. section (b)(3). building previously receiving such assistance ‘‘(f) STATE RENTAL REDUCTION ALLOCATION ‘‘(e) TERMS RELATING TO RENTAL REDUC- at any time before the agreement takes ef- PLAN.— TION CREDIT AND REQUIREMENTS.—For pur- fect, plus ‘‘(1) ADOPTION OF PLAN REQUIRED.— poses of this section— ‘‘(II) the amount determined under clause ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(1) APPLICABLE PERCENTAGE.— (i) without taking into account the units de- tion— ‘‘(A) IN GENERAL.—The term ‘applicable scribed in subclause (I). ‘‘(i) each State shall, before the allocation percentage’ means, with respect to any ‘‘(4) ELIGIBLE TENANT.— of its State rental reduction credit ceiling, qualified building, the percentage (not great- ‘‘(A) IN GENERAL.—The term ‘eligible ten- establish and have in effect a State rental re- er than 110 percent) set by the rental reduc- ant’ means any individual if the individual’s duction allocation plan, and tion credit agency at the time it allocates family income does not exceed the greater ‘‘(ii) notwithstanding any other provision the rental reduction dollar amount to such of— of this section, the rental reduction credit building. ‘‘(i) 30 percent of the area median gross in- amount allocated to any building shall be ‘‘(B) HIGHER PERCENTAGE FOR HIGH-OPPOR- come (as determined under section 42(g)(1)), zero unless such amount was allocated pur- TUNITY AREAS.—The rental reduction credit or suant to a State rental reduction allocation agency may set a percentage under subpara- ‘‘(ii) the applicable poverty line for a fam- plan. graph (A) up to 120 percent for any qualified ily of the size involved. Such plan shall only be adopted after such building which— ‘‘(B) TREATMENT OF INDIVIDUALS WHOSE IN- plan is made public and at least 60 days has ‘‘(i) targets its eligible units for rental to COMES RISE ABOVE LIMIT.— been allowed for public comment. families with children, and ‘‘(i) IN GENERAL.—Notwithstanding an in- ‘‘(B) STATE RENTAL REDUCTION ALLOCATION ‘‘(ii) is located in a neighborhood which crease in the family income of residents of a PLAN.—For purposes of this section, the term has a poverty rate of no more than 10 per- unit above the income limitation applicable ‘State rental reduction allocation plan’ cent. under subparagraph (A), such residents shall means, with respect to any State, any plan ‘‘(2) CREDIT PERIOD.— continue to be treated as eligible tenants if of the State meeting the requirements of ‘‘(A) IN GENERAL.—The term ‘credit period’ the family income of such residents initially paragraphs (2) and (3). means, with respect to any qualified build- met such income limitation and such unit ‘‘(2) GENERAL PLAN REQUIREMENTS.—A plan ing, the 15-year period beginning with the continues to be certified as an eligible unit shall meet the requirements of this para- first month for which the qualified rental re- under this section. graph only if— duction agreement is in effect with respect ‘‘(ii) NO RENTAL REDUCTION FOR AT LEAST 2 ‘‘(A) the plan sets forth the criteria and to such building. YEARS.—A qualified rental reduction agree- priorities which a rental reduction credit

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7798 CONGRESSIONAL RECORD — SENATE December 18, 2020 agency of the State shall use in allocating ‘‘(E) the method for determining the the date prescribed therefor, unless it is the State rental reduction credit ceiling to amount of rent which may be charged for eli- shown that such failure is due to reasonable eligible units within a building, gible units within the building, and cause and not to willful neglect, no credit ‘‘(B) the plan provides that no credit allo- ‘‘(F) whether— shall be allowable by reason of subsection (a) cation shall be made which is not in accord- ‘‘(i) the agency commits to entering into a with respect to such building for any taxable ance with the criteria and priorities set forth new agreement with the taxpayer if the year ending before such certification is under subparagraph (A) unless such agency terms of the agreement have been met and made. provides a written explanation to the general sufficient new credit authority is available ‘‘(2) ANNUAL REPORTS TO THE SECRETARY.— public for any credit allocation which is not for such new agreement, and The Secretary may require taxpayers to sub- so made and the reasons why such allocation ‘‘(ii) the taxpayer is required to accept mit an information return (at such time and is necessary, and such new agreement. in such form and manner as the Secretary ‘‘(C) the plan provides that such agency is ‘‘(2) TENANT PROTECTIONS.—A qualified prescribes) for each taxable year setting required to prioritize the renewal of existing rental reduction agreement shall provide the forth— credit allocations at the time of the expira- following: ‘‘(A) the information described in para- tion of the qualified rental reduction agree- ‘‘(A) NON-DISPLACEMENT OF NON-ELIGIBLE graph (1)(A) for the taxable year, and ment with respect to the allocation, includ- TENANTS.—A taxpayer receiving a rental re- ‘‘(B) such other information as the Sec- ing, where appropriate, a commitment with- duction credit amount may not refuse to retary may require. in a qualified rental reduction agreement renew the lease of or evict (other than for The penalty under section 6652(j) shall apply that the credit allocation will be renewed if good cause) a tenant of a unit who is not an to any failure to submit the return required the terms of the agreement have been met eligible tenant at any time during the credit by the Secretary under the preceding sen- and sufficient new credit authority is avail- period and such unit shall not be treated as tence on the date prescribed therefor. able. an eligible unit while such tenant resides ‘‘(3) ANNUAL REPORTS FROM RENTAL REDUC- ‘‘(3) SPECIFIC REQUIREMENTS.—A plan shall there. TION CREDIT AGENCY.— meet the requirements of this paragraph ‘‘(B) ONLY GOOD CAUSE EVICTIONS OF ELIGI- ‘‘(A) REPORTS.—Each rental reduction only if— BLE TENANTS.—A taxpayer receiving a rental credit agency which allocates any rental re- ‘‘(A) the plan provides methods for deter- reduction credit amount may not refuse to duction credit amount to 1 or more buildings mining— renew the lease of or evict (other than for for any calendar year shall submit to the ‘‘(i) the amount of rent which would be good cause) an eligible tenant of an eligible Secretary (at such time and in such manner charged for a substantially similar unit in unit. as the Secretary shall prescribe) an annual the same building which is not an eligible ‘‘(C) MOBILITY.—A taxpayer receiving a report specifying— unit for purposes of subsection (b)(2)(A)(i), rental reduction credit amount shall— ‘‘(i) the amount of rental reduction credit including whether such determination may ‘‘(i) give priority to rent any available unit amounts allocated to each such building for be made by self-certification or by under- of suitable size to tenants who are eligible such year, taking rent reasonableness assessments tenants who are moving from another quali- ‘‘(ii) sufficient information to identify similar to assessments required under sec- fied building where such tenants had lived at each such building and the taxpayer with re- least 1 year and were in good standing, and tion 8(o)(10) of the United States Housing spect thereto, ‘‘(ii) inform eligible tenants within the Act of 1937 (42 U.S.C. 1437f(o)(10)), ‘‘(iii) information as to the demographic building of their right to move after 1 year ‘‘(ii) the qualified rental reduction and income characteristics of eligible ten- and provide a list maintained by the State of amounts under subsection (c)(2)(B), and ants of all such buildings to which such qualified buildings where such tenants might ‘‘(iii) the applicable percentage under sub- amounts were allocated, and move. section (e)(1), ‘‘(iv) such other information as the Sec- ‘‘(iii) FAIR HOUSING AND CIVIL RIGHTS.—If a ‘‘(B) the plan provides a procedure that the retary may require. taxpayer receives a rental reduction credit rental reduction credit agency (or an agent ‘‘(B) PENALTY.—The penalty under section amount— or other private contractor of such agency) 6652(j) shall apply to any failure to submit ‘‘(I) such taxpayer shall comply with the the report required by subparagraph (A) on will follow in monitoring for— Fair Housing Act with respect to the build- ‘‘(i) noncompliance with the provisions of ing, and the date prescribed therefor. this section and the qualified rental reduc- ‘‘(II) the receipt of such amount shall be ‘‘(C) INFORMATION MADE PUBLIC.—The Sec- tion agreement and in notifying the Internal treated as the receipt of Federal financial as- retary shall, in consultation with Secretary Revenue Service of any such noncompliance sistance for purposes of applying any Federal of Housing and Urban Development, make of which such agency becomes aware, and civil rights laws. information reported under this paragraph ‘‘(ii) noncompliance with habitability for each qualified building available to the ‘‘(iv) ADMISSIONS PREFERENCES.—A tax- standards through regular site visits, payer receiving a rental reduction credit public annually to the greatest degree pos- ‘‘(C) the plan requires a person receiving a amount shall comply with any admissions sible without disclosing personal informa- credit allocation to report to the rental re- preferences established by the State for ten- tion about individual tenants. duction credit agency such information as is ants within particular demographic groups ‘‘(i) REGULATIONS AND GUIDANCE.—The Sec- necessary to ensure compliance with the pro- eligible for health or social services. retary shall prescribe such regulations or visions of this section and the qualified rent- ‘‘(3) COMPLIANCE REQUIREMENTS.—A quali- guidance as may be necessary to carry out al reduction agreement, and fied rental reduction agreement shall pro- the purposes of this section, including— ‘‘(D) the plan provides methods by which vide that a taxpayer receiving a rental re- ‘‘(1) providing necessary forms and instruc- any excess reserve amounts which become duction credit amount shall comply with all tions, and available under subsection (d)(1)(C)(ii) will reporting and other procedures established ‘‘(2) providing for proper treatment of be used to reduce rental payments of eligible by the State to ensure compliance with this projects for which a credit is allowed both tenants or to address maintenance and re- section and such agreement. under this section and section 42.’’. pair needs in qualified buildings, including ‘‘(4) PROJECTS.—In the case of a rental re- (b) ADMINISTRATIVE FEES.— No provision how such assistance will be allocated among duction credit allocated to a project con- of, or amendment made by, this section shall eligible tenants and qualified buildings. sisting of more than 1 building, the rental re- be construed to prevent a rental reduction ‘‘(g) QUALIFIED RENTAL REDUCTION AGREE- duction credit agency may provide for a sin- MENT.—For purposes of this section— gle qualified rental reduction agreement credit agency of a State from imposing fees ‘‘(1) IN GENERAL.—The term ‘qualified rent- which applies to all buildings which are part to cover its costs or from levying any such al reduction agreement’ means, with respect of such project. fee on a taxpayer applying for or receiving a to any building which is residential rental ‘‘(h) CERTIFICATIONS AND OTHER REPORTS rental reduction credit amount. property (as defined in section 168(e)(2)(A)), a TO SECRETARY.— (c) CONFORMING AMENDMENTS.— written, binding agreement between a rental ‘‘(1) CERTIFICATION WITH RESPECT TO 1ST (1) Section 6211(b)(4) of such Code is amend- reduction credit agency and the taxpayer YEAR OF CREDIT PERIOD.—Following the close ed by inserting ‘‘36C,’’ after ‘‘36B,’’. which specifies— of the 1st taxable year in the credit period (2) Paragraph (2) of section 1324(b) of title ‘‘(A) the number of eligible units within with respect to any qualified building, the 31, United States Code, is amended by insert- such building for which a rental reduction taxpayer shall certify to the Secretary (at ing ‘‘36C,’’ after ‘‘36B,’’. credit amount is being allocated, such time and in such form and in such man- (3) The table of sections for subpart C of ‘‘(B) the credit period for such building, ner as the Secretary prescribes)— part IV of subchapter A of chapter 1 of such ‘‘(C) the rental reduction credit amount al- ‘‘(A) the information described in sub- Code is amended by inserting after the item located to such building (and dwelling units section (g)(1) required to be contained in the relating to section 36B the following new within such building) and the portion of such qualified rental reduction agreement with item: amount allocated to each month within the respect to the building, and credit period under subsection (c)(2)(B), ‘‘(B) such other information as the Sec- ‘‘Sec. 36C. Renters credit.’’. ‘‘(D) the applicable percentage to be used retary may require. (d) EFFECTIVE DATE.—The amendments in computing the qualified rental reduction In the case of a failure to make the certifi- made by this section shall apply to taxable amounts with respect to the building, cation required by the preceding sentence on years beginning after December 31, 2020.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00152 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7799 SEC. 7002. MINIMUM CREDIT RATE. striking ‘‘60-day period’’ and inserting ‘‘365- come pregnant woman’’ after ‘‘targeted low- (a) IN GENERAL.—Subsection (b) of section day period’’. income child’’. 42 of the Internal Revenue Code of 1986 is (2) CHIP.—Section 2112 of the Social Secu- (d) MAINTENANCE OF EFFORT.— amended— rity Act (42 U.S.C. 1397ll) is amended by (1) MEDICAID.—Section 1902 of the Social (1) by redesignating paragraph (3) as para- striking ‘‘60-day period’’ each place it ap- Security Act (42 U.S.C. 1396a) is amended— graph (4), and pears and inserting ‘‘365-day period’’. (A) in paragraph (74), by striking ‘‘sub- (2) by inserting after paragraph (2) the fol- (b) REQUIRING FULL BENEFITS FOR PREG- section (gg); and’’ and inserting ‘‘subsections lowing new paragraph: NANT AND POSTPARTUM WOMEN.— (gg) and (tt);’’; and ‘‘(3) MINIMUM CREDIT RATE.—In the case of (1) MEDICAID.— (B) by adding at the end the following new any new or existing building to which para- (A) IN GENERAL.—Paragraph (5) of section subsection: graph (2) does not apply, the applicable per- 1902(e) of the Social Security Act (24 U.S.C. ‘‘(tt) MAINTENANCE OF EFFORT RELATED TO centage shall not be less than 4 percent.’’. 1396a(e)) is amended to read as follows: LOW-INCOME PREGNANT WOMEN.—For cal- (b) EFFECTIVE DATE.—The amendments ‘‘(5) Any woman who is eligible for medical endar quarters beginning on or after January made by this section shall apply to buildings assistance under the State plan or a waiver 1, 2021, and before January 1, 2024, the Fed- which receive allocations of housing credit of such plan, including an individual eligible eral medical assistance percentage otherwise dollar amount or, in the case of projects fi- for a pregnancy-related benefit or whose eli- determined under section 1905(b) for a State nanced by tax-exempt bonds as described in gibility under such plan or waiver is limited section 42(h)(4) of the Internal Revenue Code for the quarter shall be reduced by 0.5 per- to a particular illness or disorder or type of centage points if the State— of 1986, which are placed in service by the services provided, and who is, or who while taxpayer after January 20, 2020. ‘‘(1) has in effect under such plan eligi- so eligible becomes, pregnant, shall continue bility standards, methodologies, or proce- to be eligible under the plan or waiver for TITLE VIII—EXPANDING MEDICAID dures (including any enrollment cap or other COVERAGE medical assistance through the end of the numerical limitation on enrollment, any month in which the 365-day period (begin- SEC. 8001. INCREASED FMAP FOR MEDICAL AS- waiting list, any procedures designed to ning on the last day of her pregnancy) ends, SISTANCE TO NEWLY ELIGIBLE INDI- delay the consideration of applications for VIDUALS. regardless of the basis for the woman’s eligi- enrollment, or similar limitation with re- (a) IN GENERAL.—Section 1905 of the Social bility for medical assistance, including if the spect to enrollment) for individuals de- Security Act (42 U.S.C. 1396d) is amended— woman’s eligibility for medical assistance is scribed in subsection (l)(1) who are eligible (1) in subsection (y)(1)— on the basis of being pregnant, is for a preg- for medical assistance under the State plan (A) in subparagraph (A), by striking ‘‘2014, nancy-related benefit, or is limited to a par- or waiver under subsection (a)(10)(A)(ii)(IX) 2015, and 2016’’ and inserting ‘‘each of the ticular illness or disorder or type of services first 3 consecutive 12-month periods in which provided.’’. that are more restrictive than the eligibility standards, methodologies, or procedures, re- the State provides medical assistance to (B) CONFORMING AMENDMENT.—Section newly eligible individuals’’; 1902(a)(10) of the Social Security Act (42 spectively, for such individuals under such (B) in subparagraph (B), by striking ‘‘2017’’ U.S.C. 1396a(a)(10)) is amended in the matter plan or waiver that are in effect on the date and inserting ‘‘the fourth consecutive 12- following subparagraph (G) by striking of the enactment of this subsection; or month period in which the State provides ‘‘(VII) the medical assistance’’ and all that ‘‘(2) provides medical assistance to individ- medical assistance to newly eligible individ- follows through ‘‘complicate pregnancy,’’. uals described in subsection (l)(1) who are el- uals’’; (2) CHIP.—Section 2107(e)(1) of the Social igible for medical assistance under such plan (C) in subparagraph (C), by striking ‘‘2018’’ Security Act (42 U.S.C. 1397gg(e)(1)) is or waiver under subsection (a)(10)(A)(ii)(IX) and inserting ‘‘the fifth consecutive 12- amended— at a level that is less than the level at which month period in which the State provides (A) by redesignating subparagraphs (H) the State provides such assistance to such medical assistance to newly eligible individ- through (S) as subparagraphs (I) through (T), individuals under such plan or waiver on the uals’’; respectively; and date of the enactment of this subsection.’’. (D) in subparagraph (D), by striking ‘‘2019’’ (B) by inserting after subparagraph (G), (2) CHIP.—Section 2112 of the Social Secu- and inserting ‘‘the sixth consecutive 12- the following: rity Act (42 U.S.C. 1397ll), as amended by month period in which the State provides ‘‘(H) Section 1902(e)(5) (requiring 365-day subsection (b), is further amended by adding medical assistance to newly eligible individ- continuous coverage for pregnant and at the end the following subsection: uals’’; and postpartum women).’’. ‘‘(g) MAINTENANCE OF EFFORT.—For cal- (E) in subparagraph (E), by striking ‘‘2020 (c) REQUIRING COVERAGE OF ORAL HEALTH endar quarters beginning on or after January and each year thereafter’’ and inserting ‘‘the SERVICES FOR PREGNANT AND POSTPARTUM 1, 2021, and before January 1, 2024, the en- seventh consecutive 12-month period in WOMEN.— hanced Federal medical assistance percent- which the State provides medical assistance (1) MEDICAID.—Section 1905 of the Social age otherwise determined for a State for the to newly eligible individuals and each such Security Act (42 U.S.C. 1396d) is amended— quarter under section 2105(b) shall be reduced period thereafter’’; and (A) in subsection (a)(4)— by 0.5 percentage points if the State— (2) in subsection (z)(2)(B)(i)(II), by insert- (i) by striking ‘‘; and (D)’’ and inserting ‘‘; ‘‘(1) has in effect under such plan eligi- ing ‘‘(as in effect on the day before the date (D)’’; and bility standards, methodologies, or proce- of enactment of the Economic Justice Act)’’ (ii) by inserting ‘‘; and (E) oral health serv- dures (including any enrollment cap or other after ‘‘subsection (y)(1)’’. ices for pregnant and postpartum women (as numerical limitation on enrollment, any (b) RETROACTIVE APPLICATION.—The defined in subsection (gg))’’ after ‘‘sub- waiting list, any procedures designed to amendments made by subsection (a)(1) shall section (bb))’’; and delay the consideration of applications for take effect as if included in the enactment of (B) by adding at the end the following new enrollment, or similar limitation with re- Public Law 111–148 and shall apply to subsection: spect to enrollment) for targeted low-income amounts expended by any State for medical ‘‘(gg) ORAL HEALTH SERVICES FOR PREG- pregnant women that are more restrictive assistance for newly eligible individuals de- NANT AND POSTPARTUM WOMEN.— than the eligibility standards, methodolo- scribed in subclause (VIII) of section ‘‘(1) IN GENERAL.—For purposes of this gies, or procedures, respectively, under such 1902(a)(10)(A)(i) of the Social Security Act title, the term ‘oral health services for preg- plan that are in effect on the date of the en- under a State Medicaid plan (or a waiver of nant and postpartum women’ means dental actment of this subsection; or such plan) during the period before the date services necessary to prevent disease and ‘‘(2) provides pregnancy-related assistance of enactment of this Act. promote oral health, restore oral structures to targeted low-income pregnant women TITLE IX—ADDRESSING MATERNAL to health and function, and treat emergency under such plan at a level that is less than MORTALITY AND HEALTH conditions that are furnished to a woman the level at which the State provides such SEC. 9001. EXPANDING MEDICAID COVERAGE FOR during pregnancy (or during the 365-day pe- assistance to such women under such plan on PREGNANT INDIVIDUALS. riod beginning on the last day of the preg- the date of the enactment of this sub- (a) EXTENDING CONTINUOUS MEDICAID AND nancy). section.’’. CHIP COVERAGE FOR PREGNANT AND ‘‘(2) COVERAGE REQUIREMENTS.—To satisfy (e) EFFECTIVE DATE.—The amendments POSTPARTUM WOMEN.— the requirement to provide oral health serv- made by subsections (a) through (d) shall (1) MEDICAID.—Title XIX of the Social Se- ices for pregnant and postpartum women, a take effect January 1, 2021, without regard to curity Act (42 U.S.C. 1396 et seq.) is amend- State shall, at a minimum, provide coverage whether final regulations to carry out such ed— for preventive, diagnostic, periodontal, and amendments have been promulgated as of (A) in section 1902(e)(6), by striking ‘‘60-day restorative care consistent with rec- such date. period’’ and inserting ‘‘365-day period’’; ommendations for perinatal oral health care SEC. 9002. COMMUNITY ENGAGEMENT IN MATER- (B) in section 1902(l)(1)(A), by striking ‘‘60- and dental care during pregnancy from the NAL MORTALITY REVIEW COMMIT- day period’’ and inserting ‘‘365-day period’’; American Academy of Pediatric Dentistry TEES. (C) in section 1903(v)(4)(A)(i), by striking and the American College of Obstetricians (a) IN GENERAL.—Section 317K of the Pub- ‘‘60-day period’’ and inserting ‘‘365-day pe- and Gynecologists.’’. lic Health Service Act (42 U.S.C. 247b–12) is riod’’; and (2) CHIP.—Section 2103(c)(6)(A) of the So- amended— (D) in section 1905(a), in the 4th sentence in cial Security Act (42 U.S.C. 1397cc(c)(6)(A)) is (1) in subsection (d), by adding at the end the matter following paragraph (30), by amended by inserting ‘‘or a targeted low-in- the following:

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‘‘(9) GRANTS TO PROMOTE REPRESENTATIVE SEC. 9003. INCREASED MATERNAL LEVELS OF propriated, $30,000,000 for each of fiscal years COMMUNITY ENGAGEMENT IN MATERNAL MOR- CARE IN COMMUNITIES OF COLOR. 2021 through 2025. TALITY REVIEW COMMITTEES.— Section 317K of the Public Health Service ‘‘(2) APPROPRIATIONS FOR INCREASING MA- ‘‘(A) IN GENERAL.—The Secretary, using Act (42 U.S.C. 247b–12), as amended by sec- TERNAL LEVELS OF CARE.—In addition to any funds made available pursuant to subpara- tion 9002, is further amended— funds made available under subsection (g), to graph (C), may provide assistance to an ap- (1) by redesignating subsections (e) and (f) carry out this section, there are authorized as subsections (f) and (g), respectively; plicable maternal mortality review com- to be appropriated, and there are appro- (2) by inserting after subsection (d) the fol- mittee of a State, Indian tribe, tribal organi- priated, out of amounts in the Treasury not lowing: otherwise appropriated, $30,000,000 for each of zation, or urban Indian organization, for pur- ‘‘(e) LEVELS OF MATERNAL AND NEONATAL fiscal years 2021 through 2025.’’. poses of— CARE.— SEC. 9004. REPORTING ON PREGNANCY-RELATED ‘‘(i) selecting for inclusion in the member- ‘‘(1) IN GENERAL.—The Secretary, acting AND PREGNANCY-ASSOCIATED ship of such a committee community mem- through the Director of the Centers for Dis- bers from the State, Indian tribe, tribal or- DEATHS AND COMPLICATIONS. ease Control and Prevention, shall establish (a) IN GENERAL.—The Secretary of Health ganization, or urban Indian organization, or continue in effect a program to award and Human Services shall encourage each and, in making such selections, prioritizing competitive grants to eligible entities to as- State to voluntarily submit to the Secretary community members who can increase the sist with the classification of birthing facili- annual reports containing the findings of the diversity of the committee’s membership ties based on the level of risk-appropriate maternal mortality review committee of the with respect to race and ethnicity, location, maternal and neonatal care such entities can State with respect to each maternal death in and professional background, including provide in order to strategically improve the State that the committee reviewed dur- members with non-clinical experiences; maternal and infant care delivery and health ing the applicable year. ‘‘(ii) to the extent applicable, addressing outcomes. (b) MATERNAL AND INFANT HEALTH.—The barriers to maternal mortality review com- ‘‘(2) USE OF FUNDS.—An eligible entity re- Director of the Centers for Disease Control mittee participation for community mem- ceiving a grant under this subsection shall and Prevention shall— bers, including required training, transpor- use such funds to— (1) update the Pregnancy Mortality Sur- tation barriers, compensation, and other ‘‘(A) coordinate an assessment of the risk- veillance System or develop a separate sys- supports as may be necessary; appropriate maternal and neonatal care of a tem so that such system is capable of includ- ‘‘(iii) establishing initiatives to conduct State, jurisdiction, or region, based on the ing data obtained from State maternal mor- outreach and community engagement efforts most recent guidelines and policy state- tality review committees; and within communities throughout the State or ments issued by the professional associations (2) provide technical assistance to States Indian Tribe to seek input from community representing relevant clinical specialties, in- in reviewing cases of pregnancy-related com- members on the work of such maternal mor- cluding obstetrics and gynecology and pedi- plications and pregnancy-associated com- tality review committee, with a particular atrics; and plications, including assistance with focus on outreach to women of color; and ‘‘(B) work with relevant stakeholders, such disaggregating data based on race, ethnicity, ‘‘(iv) releasing public reports assessing— as hospitals, hospital associations, perinatal and other protected classes. ‘‘(I) the pregnancy-related death and preg- quality collaboratives, members of the com- SEC. 9005. RESPECTFUL MATERNITY CARE COM- nancy-associated death review processes of munities most affected by racial, ethnic, and PLIANCE PROGRAM. the maternal mortality review committee, geographic maternal health inequities, ma- (a) IN GENERAL.—The Secretary of Health with a particular focus on the maternal mor- ternal mortality review committees, and and Human Services (referred to in this sec- tality review committee’s sensitivity to the maternal and neonatal health care providers tion as the ‘‘Secretary’’) shall award grants unique circumstances of women of color who and community-based birth workers to re- to accredited hospitals, health systems, and have suffered pregnancy-related deaths; and view the findings of the assessment made of other maternity care delivery settings to es- ‘‘(II) the impact of the use of funds made activities carried out under subparagraph tablish within one or more hospitals or other available under subparagraph (C) on increas- (A); and birth settings a respectful maternity care ing the diversity of the maternal mortality ‘‘(C) implement changes, as appropriate, compliance office. review committee membership and pro- based on identified gaps in perinatal services (b) OFFICE REQUIREMENTS.—A respectful moting community engagement efforts and differences in maternal and neonatal maternity care compliance office funded throughout the State or Indian tribe. outcomes in the State, jurisdiction, or re- through a grant under this section shall— (1) institutionalize mechanisms to allow ‘‘(B) TECHNICAL ASSISTANCE.—The Sec- gion for which such an assessment was con- patients receiving maternity care services, retary shall provide (either directly through ducted to support the provision of risk-ap- the families of such patients, or doulas or the Department of Health and Human Serv- propriate care, including building up capac- other perinatal workers supporting such pa- ices or by contract) technical assistance to ity as needed in communities experiencing tients to report instances of disrespect or any maternal mortality review committee high rates of maternal mortality and severe evidence of bias on the basis of race, eth- receiving a grant under this paragraph on maternal morbidity and communities of col- nicity, or another protected class; best practices for increasing the diversity of ors. (2) institutionalize response mechanisms the maternal mortality review committee’s ‘‘(3) ELIGIBLE ENTITIES.—To be eligible for a grant under this subsection, a State health through which representatives of the office membership and for conducting effective department, Indian tribe, or other organiza- can directly follow up with the patient, if community engagement throughout the tion serving Indian tribes, such as a tribal possible, and the reporter in a timely man- State or Indian tribe. health department or other organization ful- ner; ‘‘(C) APPROPRIATIONS.—In addition to any filling similar functions for the Indian tribe, (3) prepare and make publicly available a funds made available under subsections (g) shall submit to the Secretary an application hospital- or health system-wide strategy to and (h)(1), to carry out this paragraph, there at such time, in such manner, and con- reduce bias on the basis of race, ethnicity, or are authorized to be appropriated, and there taining such information as the Secretary another protected class in the delivery of are appropriated, out of amounts in the may require. maternity care that includes— Treasury not otherwise appropriated, ‘‘(4) PERIOD.—A grant awarded under this (A) information on the training programs $10,000,000 for each of fiscal years 2021 subsection shall be made for a period of 3 to reduce and prevent bias, racism, and dis- through 2025.’’; and years. Any supplemental award made to a crimination on the basis of race, ethnicity, (2) in subsection (e)— grantee under this subsection may be made or another protected class for all employees (A) in paragraph (2), by striking ‘‘and’’ at for a period of less than 3 years. in maternity care settings; and the end; ‘‘(5) REPORT TO CONGRESS.—Not later than (B) the development of methods to rou- (B) in paragraph (3)(B), by striking the pe- January 1, 2023, the Secretary shall submit tinely assess the extent to which bias, rac- riod and inserting ‘‘; and’’; and to the Committee on Health, Education, ism, or discrimination on the basis of race, (C) by adding at the end the following: Labor, and Pensions of the Senate and the ethnicity, or another protected class are ‘‘(4) the term ‘urban Indian organization’ Committee on Energy and Commerce of the present in the delivery of maternity care to has the meaning given the term in section 4 House of Representatives, and make publicly patients; and of the Indian Health Care Improvement available, a report concerning the impact of (4) provide annual reports to the Secretary Act.’’. the programs established or continued under with information about each case reported to (b) RESERVATION OF FUNDS.—Section this subsection.’’; and the compliance office over the course of the 317K(f) of the Public Health Service Act (42 (3) by adding at the end the following: year containing such information as the Sec- U.S.C. 247b–12(f)) is amended by adding at the ‘‘(h) ADDITIONAL FUNDING.— retary may require, such as— ‘‘(1) APPROPRIATIONS FOR MATERNAL MOR- (A) de-identified demographic information end the following: ‘‘Of the amount made TALITY REVIEW COMMITTEES.—In addition to on the patient in the case, such as race, eth- available under this subsection for fiscal any funds made available under subsection nicity, sex (including sexual orientation and year 2021 and any subsequent fiscal year, not (g) or subsection (d)(9)(C), to carry out sub- gender identity), and primary language; less than $3,000,000 shall be reserved for section (d), there are authorized to be appro- (B) the content of the report from the pa- grants to Indian tribes, tribal organizations, priated, and there are appropriated, out of tient or the family of the patient to the com- or urban Indian organizations.’’. amounts in the Treasury not otherwise ap- pliance office; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7801 (C) the response from the compliance of- censes, with a preference for trainings that and transmit a report on the results of the fice. provide continuing education units and con- study to Congress. (c) SECRETARY REQUIREMENTS.— tinuing medical education; (b) POSSIBLE TOPICS.—The agreement en- (1) PROCESSES.—Not later than 180 days ‘‘(5) include trauma-informed care best tered into pursuant to subsection (a) may after the date of enactment of this Act, the practices and an emphasis on shared deci- provide for the study of any of the following: Secretary shall establish processes for— sion-making between providers and patients; (1) The development of a scorecard for pro- (A) disseminating best practices for estab- ‘‘(6) include a service-learning component grams designed to reduce and prevent bias, lishing and implementing a respectful ma- that sends providers to work in underserved racism, and discrimination in maternity ternity care compliance office within a hos- communities to better understand patients’ care settings to assess the effectiveness of pital or other birth setting; lived experiences; such programs in improving patient out- (B) promoting coordination and collabora- ‘‘(7) be delivered in undergraduate pro- comes and patient experience for women of tion between hospitals, health systems, and grams that funnel into medical schools, such color and their families. other maternity care delivery settings on as biology and pre-medicine majors; (2) Determination of the types of training the establishment and implementation of re- ‘‘(8) be delivered at local agencies (as de- to reduce and prevent bias, racism, and dis- spectful maternity care compliance offices; fined in section 17(b) of the Child Nutrition crimination in maternity care settings that and Act of 1966) that provide benefits or services are demonstrated to improve patient out- (C) evaluating the effectiveness of respect- under the special supplemental nutrition comes or patient experience for women of ful maternity care compliance offices on ma- program for women, infants, and children es- color and their families. tablished by that section; ternal health outcomes and patient and fam- (c) AUTHORIZATION OF APPROPRIATIONS.—To ‘‘(9) integrate bias training in obstetric ily experiences, especially for women of carry out this section, there are authorized emergency simulation trainings; color and their families. to be appropriated, and there are appro- ‘‘(10) offer training to all maternity care (2) STUDY.— priated, out of amounts in the Treasury not providers on the value of racially, eth- (A) IN GENERAL.—Not later than 2 years otherwise appropriated, $5,000,000 for fiscal nically, and professionally diverse maternity after the date of enactment of this Act, the year 2021. Secretary, through a contract with an inde- care teams to provide culturally sensitive care, including community health workers, SEC. 9008. MATERNAL HEALTH RESEARCH NET- pendent research organization, shall conduct WORK. a study on strategies to address disrespect or peer supporters, certified lactation consult- bias on the basis of race, ethnicity, or an- ants, nutritionists and dietitians, social Subpart 7 of part C of title IV of the Public other protected class in the delivery of ma- workers, home visitors, and navigators; or Health Service Act (42 U.S.C. 285g et seq.) is ternity care services. ‘‘(11) be based on one or more programs de- amended by adding at the end the following: (B) COMPONENTS OF STUDY.—The study signed by a historically Black college or uni- ‘‘SEC. 452H. MATERNAL HEALTH RESEARCH NET- under subparagraph (A) shall include the fol- versity. WORK. lowing: ‘‘(c) APPLICATION.—To seek a grant under ‘‘(a) ESTABLISHMENT.—The Secretary, act- (i) An assessment of the reports submitted subsection (a), an entity shall submit an ap- ing through the Director of NIH, shall estab- to the Secretary from the respectful mater- plication at such time, in such manner, and lish a National Maternal Health Research nity care compliance offices pursuant to sub- containing such information as the Sec- Network (referred to in this section as the retary may require. section (b)(4). ‘Network’), to more effectively support inno- ‘‘(d) REPORTING.—Each recipient of a grant vative research to reduce maternal mor- (ii) Based on the assessment under clause under this section shall annually submit to tality and promote maternal health. (i), recommendations for potential account- the Secretary a report on the status of ac- ability mechanisms related to cases of dis- tivities conducted using the grant, including, ‘‘(b) ACTIVITIES.—The Secretary, acting respect or bias on the basis of race, eth- as applicable, a description of the impact of through the Network, may carry out activi- nicity, or another protected class in the de- training provided through the grant on pa- ties to support mechanistic, translational, livery of maternity care services at hospitals tient outcomes and patient experience for clinical, behavioral, or epidemiologic re- and other birth settings, taking into consid- women of color and their families. search, as well as community-informed re- eration medical and non-medical factors ‘‘(e) BEST PRACTICES.—Based on the annual search on structural risk factors to address that contribute to adverse patient experi- reports submitted pursuant to subsection (d), unmet maternal health research needs spe- ences and maternal health outcomes. the Secretary— cific to the underlying causes of maternal (C) REPORT.—The Secretary shall submit ‘‘(1) shall produce an annual report on the mortality and severe maternal morbidity to Congress and make publicly available a findings resulting from programs funded and their treatment. Such activities should report on the results of the study under this through this section including findings re- be focused on optimizing improved paragraph. lated to effectiveness of such trainings on diagnostics and clinical treatments, improv- (d) AUTHORIZATION OF APPROPRIATIONS.—To improving patient outcomes and patient ex- ing health outcomes, and reducing inequi- carry out this section, there are authorized perience; ties. Such activities should include studies to be appropriated, and there are appro- ‘‘(2) shall disseminate such report to all re- focused on racial disparities and dispropor- priated, out of amounts in the Treasury not cipients of grants under this section and to tionate maternal mortality and severe ma- otherwise appropriated, $10,000,000 for each of the public; and ternal morbidity affecting communities of fiscal years 2021 through 2025. ‘‘(3) may include in such report findings on color. SEC. 9006. BIAS TRAINING FOR ALL EMPLOYEES best practices for improving patient out- ‘‘(c) EXISTING NETWORKS.—In carrying out IN MATERNITY CARE SETTINGS. comes and patient experience for women of this section, the Secretary may utilize or co- Part B of title VII of the Public Health color and their families in maternity care ordinate with the Maternal Fetal Medicine Service Act (42 U.S.C. 293 et seq.) is amended settings. Units Network and the Obstetric-Fetal Phar- by adding at the end the following new sec- ‘‘(f) DEFINITION.—In this section the term macology Research Centers Network. tion: ‘postpartum’ means the 1-year period begin- ‘‘(d) USE OF FUNDS.—Amounts appropriated ‘‘SEC. 742. TRAINING FOR ALL EMPLOYEES IN MA- ning on the last day of a woman’s pregnancy. to carry out this section may be used to sup- TERNITY CARE SETTINGS. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— port the Network for activities related to To carry out this section, there are author- ‘‘(a) GRANTS.—The Secretary shall award maternal mortality or severe maternal mor- grants to eligible entities for the purposes of ized to be appropriated, and there are appro- bidity that lead to potential therapies or priated, out of amounts in the Treasury not carrying out programs to reduce and prevent clinical practices that will improve maternal otherwise appropriated, $15,000,000 for each of bias, racism, and discrimination in mater- health outcomes and reduce inequities. fiscal years 2021 through 2025.’’. nity care settings. Amounts provided to such Network shall be SEC. 9007. STUDY ON REDUCING AND PRE- ‘‘(b) SPECIAL CONSIDERATION.—In awarding used to supplement, and not supplant, other VENTING BIAS, RACISM, AND DIS- grants under subsection (a), the Secretary CRIMINATION IN MATERNITY CARE funding provided to such Network for such shall give special consideration to applica- SETTINGS. activities. tions for programs that would— (a) IN GENERAL.—The Secretary of Health ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) apply to all birthing professionals and and Human Services shall seek to enter into To carry out this section, there are author- any employees who interact with pregnant an agreement, not later than 90 days after ized to be appropriated, and there are appro- and postpartum women in the provider set- the date of enactment of this Act, with the priated, out of amounts in the Treasury not ting, including front desk employees, National Academies of Sciences, Engineer- otherwise appropriated, $100,000,000 for each sonographers, schedulers, health care profes- ing, and Medicine (referred to in this section of fiscal years 2021 through 2025.’’. sionals, hospital or health system adminis- as the ‘‘National Academies’’) under which SEC. 9009. INNOVATION IN MATERNITY CARE TO trators, and security staff; the National Academies agree to— CLOSE RACIAL AND ETHNIC MATER- ‘‘(2) emphasize periodic, as opposed to one- (1) conduct a study on the design and im- NAL HEALTH DISPARITIES IN MEN- time, trainings for all birthing professionals plementation of programs to reduce and pre- TAL HEALTH AND SUBSTANCE USE and employees described in paragraph (1); vent bias, racism, and discrimination in ma- DISORDER TREATMENT GRANTS. ‘‘(3) address implicit bias and explicit bias; ternity care settings; and Part P of title III of the Public Health ‘‘(4) be delivered in ongoing education set- (2) not later than 2 years after the date of Service Act (42 U.S.C. 280g et seq.) is amend- tings for providers maintaining their li- enactment of this Act, complete the study ed by adding at the end the following:

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INNOVATION IN MATERNITY CARE includes the delivery of maternal mental and ‘‘(2) the extent to which students in the TO CLOSE RACIAL AND ETHNIC MA- behavioral health care services in primary program are entering careers in— TERNAL HEALTH DISPARITIES IN clinics or other care settings familiar to ‘‘(A) health professional shortage areas (as MENTAL HEALTH AND SUBSTANCE USE DISORDER TREATMENT pregnant and postpartum patients. defined in section 332)or medically under- GRANTS. ‘‘(3) The term ‘freestanding birth center’ served community (as defined in section ‘‘(a) IN GENERAL.—The Secretary shall has the meaning given that term under sec- 799B); and award grants to eligible entities to establish, tion 1905(l)(3)(B) of the Social Security Act. ‘‘(B) areas with significant racial and eth- implement, evaluate, or expand innovative ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— nic disparities in maternal health outcomes models in maternity care that are designed To carry out this section, there are author- including communities of color; and to improve access to mental health and sub- ized to be appropriated, and there are appro- ‘‘(3) whether the institution has included stance use disorder treatment. priated, out of amounts in the Treasury not in the standard curriculum for all students a ‘‘(b) USE OF FUNDS.—An eligible entity re- otherwise appropriated, $100,000,000 for each bias, racism, or discrimination training pro- ceiving a grant under this section may use of fiscal years 2021 through 2025.’’. gram that includes explicit and implicit the grant to establish, implement, evaluate, SEC. 9010. GRANTS TO GROW AND DIVERSIFY THE bias, and if so, the effectiveness of such or expand innovative models described in PERINATAL WORKFORCE. training program. subsection (a) including— Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.) is amended by inserting ‘‘(e) PERIOD OF GRANTS.—The period of a ‘‘(1) collaborative maternity care models grant under this section shall be up to 5 to improve maternal mental health, treat after section 757 (42 U.S.C. 294f) the fol- years. maternal substance use disorders, and reduce lowing: maternal mortality and severe maternal ‘‘SEC. 758. PERINATAL WORKFORCE GRANTS. ‘‘(f) APPLICATION.—An entity desiring a morbidity, especially for women of color; ‘‘(a) IN GENERAL.—The Secretary may grant under this section shall submit to the ‘‘(2) evidence-based programming at clinics award grants to institutions of higher edu- Secretary an application at such time, in that— cation to establish or expand programs de- such manner, and containing such informa- ‘‘(A) provide wraparound services for scribed in subsection (b) to grow and diver- tion as the Secretary may require, including women with substance use disorders in the sify the perinatal workforce. any information required for consideration prenatal and postpartum periods that may ‘‘(b) USE OF FUNDS.—Recipients of grants for priority under subsection (c). include multidisciplinary staff, access to all under this section shall use the grants to ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- evidence-based medication-assisted treat- grow and diversify the perinatal workforce retary shall provide, directly or by contract, ment, psychotherapy, contingency manage- by— technical assistance to institutions of higher ment, and recovery supports; or ‘‘(1) establishing programs that provide education seeking or receiving a grant under ‘‘(B) make referrals for any such services education and training to individuals seek- this section on the development, use, evalua- that are not provided within the clinic; ing appropriate licensing or certification tion, and post-grant period sustainability of ‘‘(3) evidence-based programs at free- as— the perinatal workforce programs or schools standing birth centers that provide cul- ‘‘(A) physician assistants or nurse practi- proposed to be, or being, established or ex- turally sensitive maternal mental and be- tioners who will complete clinical training panded through the grant. havioral health care education, treatments, in the field of maternal and perinatal health; ‘‘(h) REPORT BY SECRETARY.—Not later and services, and other wraparound supports and than 4 years after the date of enactment of for women throughout the prenatal and ‘‘(B) other perinatal health workers such this section, the Secretary shall prepare and postpartum period; and as community health workers, peer sup- submit to the Committee on Health, Edu- ‘‘(4) the development and implementation porters, certified lactation consultants, nu- cation, Labor, and Pensions of the Senate of evidence-based programs, including toll- tritionists and dietitians, social workers, and the Committee on Energy and Commerce free telephone hotlines, that connect mater- home visitors, and navigators; and of the House of Representatives, and post on nity care providers with women’s mental ‘‘(2) expanding the capacity of existing pro- the internet website of the Department of health clinicians to provide maternity care grams described in paragraph (1), for the pur- Health and Human Services, a report on the providers with guidance on addressing ma- poses of increasing the number of students effectiveness of the grant program under this ternal mental and behavioral health condi- enrolled in such programs, including by section at— tions identified in patients. awarding scholarships for students. ‘‘(1) recruiting and retaining students from ‘‘(c) SPECIAL CONSIDERATION.—In awarding ‘‘(c) PRIORITIZATION.—In awarding grants grants under this section, the Secretary under this section, the Secretary shall give communities experiencing high rates of ma- shall give special consideration to applica- priority to any institution of higher edu- ternal mortality and severe maternal mor- tions for models that will— cation that— bidity and communities of color; ‘‘(1) operate in— ‘‘(1) has demonstrated a commitment to re- ‘‘(2) increasing the number of physician as- ‘‘(A) areas experiencing high rates of ma- cruiting and retaining students from com- sistants or nurse practitioners who will com- ternal mortality; munities of color, particularly from demo- plete clinical training in the field of mater- ‘‘(B) areas with severe maternal morbidity; graphic groups experiencing high rates of nal and perinatal health, and other perinatal ‘‘(C) communities of color; or maternal mortality and severe maternal health workers, from demographic groups ex- ‘‘(D) health professional shortage areas morbidity including communities of color; periencing high rates of maternal mortality designated under section 332; ‘‘(2) has developed a strategy to recruit and severe maternal morbidity and commu- ‘‘(2) be led by women of color or women into, and retain, a diverse pool of students nities of color; from communities experiencing high rates of the perinatal workforce program supported ‘‘(3) increasing the number of physician as- maternal mortality or severe maternal mor- by funds received through the grant, particu- sistants or nurse practitioners who will com- bidity; or larly from demographic groups experiencing plete clinical training in the field of mater- ‘‘(3) be implemented with a culturally sen- high rates of maternal mortality and severe nal and perinatal health, and other perinatal sitive approach that is focused on improving maternal morbidity, including communities health workers, working in health profes- outcomes for women of color or women from of color; sional shortage areas (as defined in section communities experiencing high rates of ma- ‘‘(3) has developed a strategy to recruit and 332)or medically underserved community (as ternal mortality or severe maternal mor- retain students who plan to practice in a defined in section 799B); and bidity. health professional shortage area (as defined ‘‘(4) increasing the number of physician as- ‘‘(d) EVALUATION.—As a condition on re- in section 332) or medically underserved sistants or nurse practitioners who will com- ceipt of a grant under this section, an eligi- community (as defined in section 799B); plete clinical training in the field of mater- ble entity shall agree to provide annual eval- ‘‘(4) has developed a strategy to recruit and nal and perinatal health, and other perinatal uations of the activities funded through the retain students who plan to practice in an health workers, working in areas with sig- grant to the Secretary. Such evaluations area with significant racial and ethnic dis- nificant racial and ethnic disparities in ma- may address— parities in maternal health outcomes, in- ternal health outcomes and communities of ‘‘(1) the effects of such activities on mater- cluding communities of color; and color. nal health outcomes and subjective assess- ‘‘(5) includes in the standard curriculum ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ments of patient and family experiences, es- for all students within the perinatal work- In order to carry out this section, there are pecially for women of color or women from force program a bias, racism, or discrimina- authorized to be appropriated, and there are communities experiencing high rates of ma- tion training program that includes training appropriated, out of amounts in the Treas- ternal mortality or severe maternal mor- on explicit and implicit bias. ury not otherwise appropriated, $30,000,000 bidity; and ‘‘(d) REPORTING.—As a condition on receipt for each of fiscal years 2021 through 2025.’’. ‘‘(2) the cost-effectiveness of such activi- of a grant under this section for a perinatal ties. workforce program , an institution of higher SEC. 9011. GRANTS TO GROW AND DIVERSIFY THE DOULA WORKFORCE. ‘‘(e) DEFINITIONS.—In this section: education shall agree to submit to the Sec- ‘‘(1) The term ‘eligible entity’ means any retary an annual report on the activities Title VII of the Public Health Service Act public or private entity. conducted through the grant, including— (42 U.S.C. 292 et seq.) is amended by inserting ‘‘(2) The term ‘collaborative maternity ‘‘(1) the number and demographics of stu- after section 758 (42 U.S.C. 294f) the fol- care’ means an integrated care model that dents participating in the program; lowing:

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‘‘SEC. 758A. DOULA WORKFORCE GRANTS. ‘‘(h) REPORT BY SECRETARY.—Not later (F) nutrition counseling; ‘‘(a) IN GENERAL.—The Secretary may than 4 years after the date of enactment of (G) lactation supports; award grants to entities to establish or ex- this section, the Secretary shall prepare and (H) lead testing and abatement; pand programs described in subsection (b) to submit to the Committee on Health, Edu- (I) air and water quality; grow and diversify the doula workforce. cation, Labor, and Pensions of the Senate (J) wellness and stress management pro- ‘‘(b) USE OF FUNDS.—Recipients of grants and the Committee on Energy and Commerce grams; and under this section shall use the grants to of the House of Representatives, and post on (K) other social determinants as deter- grow and diversify the doula workforce by— the internet website of the Department of mined by the public health department. ‘‘(1) establishing programs that provide Health and Human Services, a report on the (c) SPECIAL CONSIDERATION.—In awarding education and training to individuals seek- effectiveness of the grant program under this grants under subsection (a), the Secretary ing appropriate training or certification as section at— shall give special consideration to State, doulas; and ‘‘(1) recruiting student from communities local, and Tribal public health departments ‘‘(2) expanding the capacity of existing pro- experiencing high rates of maternal mor- that— grams described in paragraph (1), for the pur- tality and severe maternal morbidity and (1) propose to use the grants to reduce or poses of increasing the number of students communities of color; end racial and ethnic disparities in maternal enrolled in such programs, including by ‘‘(2) increasing the number of doulas from mortality and severe maternal morbidity awarding scholarships for students. demographic groups experiencing high rates rates; and ‘‘(c) PRIORITIZATION.—In awarding grants of maternal mortality and severe maternal under this section, the Secretary shall give (2) operate in— morbidity and communities of color; priority to any entity that— (A) areas with high rates of maternal mor- ‘‘(3) increasing the number of doulas work- ‘‘(1) has demonstrated a commitment to re- tality and severe maternal morbidity; or ing in health professional shortage areas (as cruiting and retaining students from under- (B) areas with high rates of significant ra- defined in section 332)or medically under- served communities, particularly from de- cial and ethnic disparities in maternal mor- served community (as defined in section mographic groups experiencing high rates of tality and severe maternal morbidity rates; 799B); and maternal mortality and severe maternal or morbidity including communities of color; ‘‘(4) increasing the number of doulas work- (C) communities of color. ‘‘(2) has developed a strategy to recruit ing in areas with significant racial and eth- (d) GUIDANCE ON STRATEGIES.—In carrying into, and retain, a diverse pool of students nic disparities in maternal health outcomes out this section, the Secretary shall provide the doula workforce program, particularly and communities of color. guidance to grantees on strategies for long- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— from demographic groups experiencing high term viability of programs funded through To carry out this section, there are author- rates of maternal mortality and severe ma- this section after such funding ends. ized to be appropriated, and there are appro- ternal morbidity including communities of (e) REPORTING.— priated, out of amounts in the Treasury not color; (1) BY GRANTEES.—As a condition on re- otherwise appropriated, $20,000,000 for each of ‘‘(3) has developed a strategy to recruit and ceipt of a grant under this section, a grantee retain students who plan to practice in a fiscal years 2021 through 2025.’’. shall agree to— health professional shortage area (as defined SEC. 9012. GRANTS TO STATE, LOCAL, AND TRIB- (A) evaluate the activities funded through in section 332) or medically underserved AL PUBLIC HEALTH DEPARTMENTS the grant with respect to— ADDRESSING SOCIAL DETER- community (as defined in section 799B); MINANTS OF HEALTH FOR PREG- (i) maternal health outcomes with a spe- ‘‘(4) has developed a strategy to recruit and NANT AND POSTPARTUM WOMEN. cific focus on racial and ethnic disparities; retain students who plan to practice in an (a) IN GENERAL.—The Secretary of Health (ii) the subjective assessment of such ac- area with significant racial and ethnic dis- and Human Services (referred to in this sec- tivities by the beneficiaries of such activi- parities in maternal health outcomes includ- tion as the ‘‘Secretary’’) shall award grants ties, including mothers and their families; ing communities of color; and to State, local, and Tribal public health de- and ‘‘(5) includes in the standard curriculum partments to address social determinants of (iii) cost effectiveness and return on in- for all students a bias, racism, or discrimina- maternal health in order to reduce or elimi- vestment; and tion training program that includes training nate racial and ethnic disparities in mater- (B) not later than 180 days after the end of on explicit and implicit bias. nal health outcomes. the period of the grant, submit a report on ‘‘(d) REPORTING.—As a condition on receipt (b) USE OF FUNDS.—A public health depart- the results of such evaluation to the Sec- of a grant under this section for a doula ment receiving a grant under this section retary. workforce program, an entity shall agree to may use funds received through the grant (2) BY SECRETARY.—Not later than the end submit to the Secretary an annual report on to— of fiscal year 2026, the Secretary shall sub- the activities conducted through the grant, (1) build capacity and hire staff to coordi- mit a report to the Committee on Health, including— nate efforts of the public health department Education, Labor, and Pensions of the Sen- ‘‘(1) the number and demographics of stu- to address social determinants of maternal ate and the Committee on Energy and Com- dents participating in the program or school; health; merce of the House of Representatives— ‘‘(2) the extent to which students in the (2) develop, and provide for distribution of, (A) summarizing the evaluations sub- program or school are entering careers in— resource lists of available social services for mitted under paragraph (1); and ‘‘(A) health professional shortage areas (as women in the prenatal and postpartum peri- (B) making recommendations for improv- defined in section 332)or medically under- ods, which social services may include— ing maternal health and reducing or elimi- served community (as defined in section (A) transportation vouchers; nating racial and ethnic disparities in ma- 799B); and (B) housing supports; ternal health outcomes, based on the results ‘‘(B) areas with significant racial and eth- (C) child care access; of grants under this section. nic disparities in maternal health outcomes (D) healthy food access; (f) AUTHORIZATION OF APPROPRIATIONS.—To including communities of color; and (E) nutrition counseling; carry out this section, there are authorized ‘‘(3) whether the program or school has in- (F) lactation supports; to be appropriated, and there are appro- cluded in the standard curriculum for all (G) lead testing and abatement; priated, out of amounts in the Treasury not students a bias, racism, or discrimination (H) clean water; otherwise appropriated, $50,000,000 for each of training program that includes explicit and (I) infant formula; fiscal years 2021 through 2025. implicit bias, and if so, the effectiveness of (J) maternal mental and behavioral health TITLE X—10–20–30 ANTI–POVERTY INITIA- such training program. care services; ‘‘(e) PERIOD OF GRANTS.—The period of a TIVE AND HIRING AND CONTRACTING (K) wellness and stress management pro- OPPORTUNITIES grant under this section shall be up to 5 grams; and years. (L) other social services as determined by Subtitle A—10–20–30 Anti-poverty Initiative ‘‘(f) APPLICATION.—To seek a grant under SEC. 10101. DEFINITIONS. this section, an entity shall submit to the the public health department; Secretary an application at such time, in (3) in consultation with local stakeholders, In this subtitle: such manner, and containing such informa- establish or designate a ‘‘one-stop’’ resource (1) DEVELOPMENT PROGRAM.—The term ‘‘de- tion as the Secretary may require, including center that provides coordinated social serv- velopment program’’ means any of the fol- any information necessary for prioritization ices in a single location for women in the lowing programs, offices, or appropriations under subsection (c). prenatal or postpartum period; or accounts: ‘‘(g) TECHNICAL ASSISTANCE.—The Sec- (4) directly address specific social deter- (A) Any program administered by the Of- retary shall provide, directly or by contract, minant needs for the community that are re- fice of Rural Development of the Department technical assistance to institutions of higher lated to maternal health as identified by the of Agriculture. education seeking or receiving a grant under public health department, such as— (B) The Appalachian Regional Commission this section on the development, use, evalua- (A) transportation; established by section 14301(a) of title 40, tion, and post-grant period sustainability of (B) housing; United States Code. the doula workforce programs proposed to (C) child care; (C) Department of Commerce, Economic be, or being, established or expanded through (D) healthy foods; Development Administration, Economic De- the grant. (E) infant formula; velopment Assistance Programs.

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(D) The Delta Regional Authority estab- (CC) The fair housing initiatives program (b) WORKFORCE DIVERSITY.—For purposes of lished by section 382B(a)(1) of the Consoli- under section 561 of the Housing and Commu- subsection (a), the Secretary of Transpor- dated Farm and Rural Development Act (7 nity Development Act of 1987 (42 U.S.C. tation shall amend existing regulations or U.S.C. 2009aa–1(a)(1)). 3616a). issue new regulations, as applicable, to es- (E) The Denali Commission established by (DD) A grant under section 4611 of the Ele- tablish a policy that, to the maximum ex- section 303(a) of the Denali Commission Act mentary and Secondary Education Act of tent practicable— of 1998 (42 U.S.C. 3121 note; 112 Stat. 2681–637). 1965 (20 U.S.C. 7261). (1) ensures the use of pre-apprenticeship (F) Any training or employment services (2) PERSISTENT POVERTY COUNTY.—The term programs that— program administered by the Employment ‘‘persistent poverty county’’ means any (A) are designed to prepare to enter reg- and Training Administration of the Depart- county with a poverty rate of not less than istered apprenticeship programs— ment of Labor. 20 percent, as determined in each of the 1990 (i) individuals with a barrier to employ- (G) Department of Health and Human and 2000 decennial censuses, and in the Small ment (as defined in section 3 of the Work- Services, Health Resources and Services Ad- Area Income and Poverty Estimates of the force Innovation and Opportunity Act (29 ministration. Bureau of the Census for the most recent U.S.C. 3102)), including ex-offenders and indi- (H) Environmental Protection Agency, year for which the estimates are available. viduals with a disability (as defined in sec- State and Tribal Assistance Grants. (3) HIGH-POVERTY AREA.—The term ‘‘high- tion 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and (I) Department of Commerce, National In- poverty area’’ means a census tract with a (ii) individuals that represent populations stitute of Standards and Technology, Con- poverty rate of not less than 20 percent dur- that are traditionally underrepresented in struction. ing the 5-year period ending on the date of the infrastructure workforce, such as women (J) Any program under the Juvenile Jus- enactment of this Act. and racial and ethnic minorities; and tice and Delinquency Prevention Act of 1974 SEC. 10102. 10–20–30 FORMULA FOR PERSISTENT POVERTY COUNTIES. (B) have written agreements with sponsors (34 U.S.C. 11101 et seq.). of not less than 1 registered apprenticeship (K) A victim services program for victims Notwithstanding any other provision of law, the entity responsible for administering program that will enable participants who of trafficking, as authorized by section successfully complete the apprenticeship 107(b)(2) of the Trafficking Victims Protec- a development program shall use not less than 10 percent of the amounts made avail- readiness program to enter into the reg- tion Act of 2000 (22 U.S.C. 7105(b)(2)). istered apprenticeship program if— (L) Any program authorized under the able in any appropriations Act for the pro- gram for each of fiscal years 2021 through (i) an enrollment opportunity is available; Trafficking Victims Protection Reauthoriza- and tion Act of 2005 (Public Law 109–164; 119 Stat. 2030 in persistent poverty counties, if the en- tity is otherwise authorized to do so. (ii) the participant meets the qualifica- 3558). tions of the program; SEC. 10103. TARGETING HIGH-POVERTY CENSUS (M) The Paul Coverdell Forensic Sciences (2) ensures the use of registered apprentice- Improvement Grants program under part BB TRACTS. (a) IN GENERAL.—Notwithstanding any ship programs that have written agreements of title I of the Omnibus Crime Control and with pre-apprenticeship programs described Safe Streets Act of 1968 (34 U.S.C. 10561 et other provision of law, the entity responsible for administering a development program in paragraph (1); and seq.). (3) encourages the entity using the geo- (N) DNA-related and forensic programs and shall use not less than the percentage de- scribed in subsection (b) of the amounts graphic hiring preferences to establish out- activities grants under part X of title I of reach and support programs, in coordination the Omnibus Crime Control and Safe Streets made available in any appropriations Act for the program for each of fiscal years 2021 with labor organizations, that increase di- Act of 1968 (34 U.S.C. 10511 et seq.). versity within the workforce, including ex- through 2030 for projects based in or pro- (O) The grant program for community- panded participation from— viding direct benefits to high-poverty areas, based sexual assault response reform grants (A) individuals with a barrier to employ- if the entity is otherwise authorized to do so. under part T of title I of the Omnibus Crime ment (as defined in section 3 of the Work- (b) PERCENTAGE DESCRIBED.—The percent- Control and Safe Streets Act of 1968 (34 age referred to in subsection (a), with respect force Innovation and Opportunity Act (29 U.S.C. 10441 et seq.). to a development program, is the percentage U.S.C. 3102)), including ex-offenders and indi- (P) The court-appointed special advocate equal to the sum obtained by adding— viduals with a disability (as defined in sec- program under section 217 of the Crime Con- tion 3 of the Americans with Disabilities Act (1) the average percentage of Federal as- trol Act of 1990 (34 U.S.C. 20323). of 1990 (42 U.S.C. 12102)); and sistance awarded under the program in the 3- (Q) A program under subtitle C of title II of (B) individuals that represent populations fiscal year period ending on the date of en- the Second Chance Act of 2007 (34 U.S.C. 60541 that are traditionally underrepresented in actment of this Act that were used for et seq.). the infrastructure workforce, such as women projects based in or providing direct benefits (R) The Comprehensive Opioid Abuse Grant and racial and ethnic minorities. to high-poverty areas; and Program under part LL of title I of the Om- (c) REPORT.—Not later than 2 years after (2) 5 percent of the average total Federal nibus Crime Control and Safe Streets Act of the date of enactment of this Act and every assistance awarded under the program dur- 1968 (34 U.S.C. 10701 et seq.). 2 years thereafter, the Secretary of Trans- ing the period referred to in paragraph (1). (S) A grant under section 220531 of title 36, portation shall submit to the Committees on United States Code. SEC. 10104. FAILURE TO TARGET FUNDS. Environment and Public Works, Commerce, (T) Department of Transportation, Office If the entity responsible for administering Science, and Transportation, and Banking, of the Secretary, Nationally Significant a development program does not comply Housing, and Urban Affairs of the Senate and Freight and Highway Projects. with section 10103 with respect to the devel- the Committee on Transportation and Infra- (U) Department of Transportation, Office opment program for a fiscal year, the entity structure of the House of Representatives a of the Secretary, National Infrastructure In- shall submit to Congress a report that de- report that describes the administration of vestments. scribes how the entity plans to do so for the this section, including— (V) Department of Transportation, Federal next fiscal year. (1) the number, types, and locations of Transit Administration, Bus and Bus Facili- SEC. 10105. REPORT TO CONGRESS. projects that have used geographic hiring ties Infrastructure Investment Program. Not later than 180 days after the end of preferences pursuant to this section; (W) Department of Transportation, Federal each fiscal year, the entity responsible for (2) an assessment of whether implementa- Transit Administration, Capital Investment administering each development program tion of this section has served the intended Grants Program. shall submit to Congress a progress report on purpose of this section, including by creating (X) Any program of the Department of the the implementation of this title with respect jobs or providing other benefits; and Treasury relating to Community Develop- to the development program. (3) any recommendations for modifications ment Financial Institutions (within the Subtitle B—Hiring Opportunities to this section and the implementation of this section. meaning of section 103 of the Community De- SEC. 10211. LOCAL HIRING INITIATIVE FOR CON- velopment Banking and Financial Institu- STRUCTION JOBS. TITLE XI—RAISING THE MINIMUM WAGE tions Act of 1994 (12 U.S.C. 4702)). (a) ESTABLISHMENT.—Notwithstanding sec- AND STRENGTHENING OVERTIME RIGHTS (Y) The Southeast Crescent Regional Com- tion 112 of title 23, United States Code, sec- Subtitle A—Raise the Wage Act mission established by section 15301(a)(1) of tion 200.319(b) of title 2, Code of Federal Reg- SEC. 11111. SHORT TITLE. title 40, United States Code. ulations (or successor regulations), section This subtitle may be cited as the ‘‘Raise (Z) The Southwest Border Regional Com- 635.117(b) of title 23, Code of Federal Regula- the Wage Act’’. mission established by section 15301(a)(2) of tions (or successor regulations), and similar SEC. 11112. MINIMUM WAGE INCREASES. title 40, United States Code. bidding requirements under title 49, United (a) IN GENERAL.—Section 6(a)(1) of the Fair (AA) The Northern Border Regional Com- States Code, recipients of Federal assistance Labor Standards Act of 1938 (29 U.S.C. mission established by section 15301(a)(3) of under title 23 or 49, United States Code, may 206(a)(1)) is amended to read as follows: title 40, United States Code. use geographic hiring preferences (including ‘‘(1) except as otherwise provided in this (BB) The Northern Great Plains Regional local hiring preferences) pertaining to the section, not less than— Authority established by section 383B(a)(1) of use of labor for construction on a federally- ‘‘(A) $8.55 an hour, beginning on the effec- the Consolidated Farm and Rural Develop- assisted project, consistent with the policies tive date under section 11117 of the Raise the ment Act (7 U.S.C. 2009bb–1(a)(1)). and procedures of the recipient. Wage Act;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.004 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7805 ‘‘(B) $9.85 an hour, beginning 1 year after (2) by adding at the end the following: ‘‘An ‘‘(i) Not later than 60 days prior to the ef- such effective date; employer shall inform each employee of the fective date of any increase in the required ‘‘(C) $11.15 an hour, beginning 2 years after right and exception provided under the pre- wage determined under subsection (a)(1) or such effective date; ceding sentence.’’. subparagraph (B) or (C) of subsection (g)(1), ‘‘(D) $12.45 an hour, beginning 3 years after (c) SCHEDULED REPEAL OF SEPARATE MIN- or in accordance with subclause (II) or (III) such effective date; IMUM WAGE FOR TIPPED EMPLOYEES.— of section 3(m)(2)(A)(i) or section 14(c)(1)(A), ‘‘(E) $13.75 an hour, beginning 4 years after (1) TIPPED EMPLOYEES.—Section 3(m)(2)(A) the Secretary shall publish in the Federal such effective date; of the Fair Labor Standards Act of 1938 (29 Register and on the website of the Depart- ‘‘(F) $15.00 an hour, beginning 5 years after U.S.C. 203(m)(2)(A)), as amended by sub- ment of Labor a notice announcing each in- such effective date; and sections (a) and (b), is further amended by crease in such required wage.’’. ‘‘(G) beginning on the date that is 6 years striking the sentence beginning with ‘‘In de- SEC. 11116. PROMOTING ECONOMIC SELF-SUFFI- after such effective date, and annually there- termining the wage an employer is required CIENCY FOR INDIVIDUALS WITH DIS- after, the amount determined by the Sec- to pay a tipped employee,’’ and all that fol- ABILITIES. retary under subsection (h);’’. lows through ‘‘of this subsection.’’ and in- (a) WAGES.— (b) DETERMINATION BASED ON INCREASE IN serting ‘‘The wage required to be paid to a (1) TRANSITION TO FAIR WAGES FOR INDIVID- THE MEDIAN HOURLY WAGE OF ALL EMPLOY- tipped employee shall be the wage set forth UALS WITH DISABILITIES.—Subparagraph (A) EES.—Section 6 of the Fair Labor Standards in section 6(a)(1).’’. of section 14(c)(1) of the Fair Labor Stand- Act of 1938 (29 U.S.C. 206) is amended by add- (2) PUBLICATION OF NOTICE.—Subsection (i) ards Act of 1938 (29 U.S.C. 214(c)(1)) is amend- ing at the end the following: of section 6 of the Fair Labor Standards Act ed to read as follows: ‘‘(h)(1) Not later than each date that is 90 of 1938 (29 U.S.C. 206), as amended by section ‘‘(A) at a rate that equals, or exceeds, for days before a new minimum wage deter- 11115, is further amended by striking ‘‘or in each year, the greater of— mined under subsection (a)(1)(G) is to take accordance with subclause (II) or (III) of sec- ‘‘(i)(I) $4.25 an hour, beginning 1 year after effect, the Secretary shall determine the tion 3(m)(2)(A)(i)’’. the date the wage rate specified in section minimum wage to be in effect under this sub- (3) EFFECTIVE DATE.—The amendments 6(a)(1)(A) takes effect; section for each period described in sub- made by paragraphs (1) and (2) shall take ef- ‘‘(II) $6.40 an hour, beginning 2 years after section (a)(1)(G). The wage determined under fect on the date that is one day after the such date; this subsection for a year shall be— date on which the hourly wage under sub- ‘‘(III) $8.55 an hour, beginning 3 years after ‘‘(A) not less than the amount in effect clause (III) of section 3(m)(2)(A)(i) of the Fair such date; under subsection (a)(1) on the date of such Labor Standards Act of 1938 (29 U.S.C. ‘‘(IV) $10.70 an hour, beginning 4 years determination; 203(m)(2)(A)(i)), as amended by subsection after such date; ‘‘(B) increased from such amount by the (a), takes effect. ‘‘(V) $12.85 an hour, beginning 5 years after such date; and annual percentage increase, if any, in the SEC. 11114. NEWLY HIRED EMPLOYEES WHO ARE median hourly wage of all employees as de- LESS THAN 20 YEARS OLD. ‘‘(VI) the wage rate in effect under section termined by the Bureau of Labor Statistics; (a) BASE MINIMUM WAGE FOR NEWLY HIRED 6(a)(1), on the date that is 6 years after the and EMPLOYEES WHO ARE LESS THAN 20 YEARS date the wage specified in section 6(a)(1)(A) ‘‘(C) rounded up to the nearest multiple of OLD.—Section 6(g)(1) of the Fair Labor takes effect; or $0.05. Standards Act of 1938 (29 U.S.C. 206(g)(1)) is ‘‘(ii) if applicable, the wage rate in effect ‘‘(2) In calculating the annual percentage amended by striking ‘‘a wage which is not on the day before the date of enactment of increase in the median hourly wage of all less than $4.25 an hour.’’ and inserting the the Raise the Wage Act for the employment, employees for purposes of paragraph (1)(B), following: ‘‘a wage at a rate that is not less under a special certificate issued under this the Secretary, through the Bureau of Labor than— paragraph, of the individual for whom the Statistics, shall compile data on the hourly ‘‘(A) for the 1-year period beginning on the wage rate is being determined under this wages of all employees to determine such a effective date under section 11117 of the subparagraph,’’. median hourly wage and compare such me- Raise the Wage Act, $5.50 an hour; (2) PROHIBITION ON NEW SPECIAL CERTIFI- dian hourly wage for the most recent year ‘‘(B) for each succeeding 1-year period until CATES; SUNSET.—Section 14(c) of the Fair for which data are available with the median the hourly wage under this paragraph equals Labor Standards Act of 1938 (29 U.S.C. 214(c)) hourly wage determined for the preceding the wage in effect under section 6(a)(1) for (as amended by paragraph (1)) is further year.’’. such period, an hourly wage equal to the amended by adding at the end the following: ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI- SEC. 11113. TIPPED EMPLOYEES. amount determined under this paragraph for CATES.—Notwithstanding paragraph (1), the the preceding year, increased by the lesser (a) BASE MINIMUM WAGE FOR TIPPED EM- Secretary shall not issue a special certificate of— PLOYEES AND TIPS RETAINED BY EMPLOY- under this subsection to an employer that ‘‘(i) $1.25; or EES.—Section 3(m)(2)(A)(i) of the Fair Labor was not issued a special certificate under ‘‘(ii) the amount necessary for the wage in Standards Act of 1938 (29 U.S.C. this subsection before the date of enactment effect under this paragraph to equal the 203(m)(2)(A)(i)) is amended to read as follows: of the Raise the Wage Act. wage in effect under section 6(a)(1) for such ‘‘(i) the cash wage paid such employee, ‘‘(7) SUNSET.—Beginning on the day after which for purposes of such determination period, rounded up to the nearest multiple of the date on which the wage rate described in shall be not less than— $0.05; and paragraph (1)(A)(i)(VI) takes effect, the au- ‘‘(I) for the 1-year period beginning on the ‘‘(C) for each succeeding 1-year period after thority to issue special certificates under effective date under section 11117 of the the increase made pursuant to subparagraph paragraph (1) shall expire, and no special cer- Raise the Wage Act, $3.60 an hour; (B)(ii), the minimum wage in effect under tificates issued under paragraph (1) shall ‘‘(II) for each succeeding 1-year period section 6(a)(1).’’. have any legal effect. until the hourly wage under this clause (b) SCHEDULED REPEAL OF SEPARATE MIN- ‘‘(8) TRANSITION ASSISTANCE.—Upon re- equals the wage in effect under section IMUM WAGE FOR NEWLY HIRED EMPLOYEES quest, the Secretary shall provide— 6(a)(1) for such period, an hourly wage equal WHO ARE LESS THAN 20 YEARS OLD.— ‘‘(A) technical assistance and information to the amount determined under this clause (1) IN GENERAL.—Section 6(g)(1) of the Fair to employers issued a special certificate for the preceding year, increased by the less- Labor Standards Act of 1938 (29 U.S.C. under this subsection for the purposes of— er of— 206(g)(1)), as amended by subsection (a), shall ‘‘(i) transitioning the practices of such em- ‘‘(aa) $1.50; or be repealed. ployers to comply with this subsection, as ‘‘(bb) the amount necessary for the wage in (2) PUBLICATION OF NOTICE.—Subsection (i) amended by the Raise the Wage Act; and effect under this clause to equal the wage in of section 6 of the Fair Labor Standards Act ‘‘(ii) ensuring continuing employment op- effect under section 6(a)(1) for such period, of 1938 (29 U.S.C. 206), as amended by section portunities for individuals with disabilities rounded up to the nearest multiple of $0.05; 11113(c)(2), is further amended by striking receiving a special minimum wage rate and ‘‘or subparagraph (B) or (C) of subsection under this subsection; and ‘‘(III) for each succeeding 1-year period (g)(1),’’. ‘‘(B) information to individuals employed after the increase made pursuant to sub- (3) EFFECTIVE DATE.—The repeal and at a special minimum wage rate under this clause (II), the minimum wage in effect amendment made by paragraphs (1) and (2), subsection, which may include referrals to under section 6(a)(1); and’’. respectively, shall take effect on the date Federal or State entities with expertise in (b) TIPS RETAINED BY EMPLOYEES.—Section that is one day after the date on which the competitive integrated employment.’’. 3(m)(2)(A) of the Fair Labor Standards Act of hourly wage under subparagraph (C) of sec- (3) EFFECTIVE DATE.—The amendments 1938 (29 U.S.C. 203(m)(2)(A)) is amended— tion 6(g)(1) of the Fair Labor Standards Act made by this subsection shall take effect on (1) in the second sentence of the matter of 1938 (29 U.S.C. 206(g)(1)), as amended by the date of enactment of this Act. following clause (ii), by striking ‘‘of this sub- subsection (a), takes effect. (b) PUBLICATION OF NOTICE.— section, and all tips received by such em- SEC. 11115. PUBLICATION OF NOTICE. (1) AMENDMENT.—Subsection (i) of section 6 ployee have been retained by the employee’’ Section 6 of the Fair Labor Standards Act of the Fair Labor Standards Act of 1938 (29 and inserting ‘‘of this subsection. Any em- of 1938 (29 U.S.C. 206), as amended by the pre- U.S.C. 206), as amended by section 11114(b)(2), ployee shall have the right to retain any tips ceding sections, is further amended by add- is further amended by striking ‘‘or section received by such employee’’; and ing at the end the following: 14(c)(1)(A),’’.

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(2) EFFECTIVE DATE.—The amendment based on data from the second quarter of the ‘‘(b) DATABASE OF STUDIES; MODEL made by paragraph (1) shall take effect on calendar year preceding the calendar year in PLANS.—Not later than 18 months after the the day after the date on which the wage which such updated amount is to take effect; date of enactment of this section, the Sec- rate described in paragraph (1)(A)(i)(VI) of and retary shall— section 14(c) of the Fair Labor Standards Act ‘‘(II) in the case in which the Secretary es- ‘‘(1) establish a free, searchable database of of 1938 (29 U.S.C. 214(c)), as amended by sub- tablishes an increased salary threshold under approved peer-reviewed validation studies section (a)(1), takes effect. subparagraph (B), the greater of— accessible to smaller establishments and SEC. 11117. GENERAL EFFECTIVE DATE. ‘‘(aa) the 40th percentile described in sub- very small establishments subject to inspec- Except as otherwise provided in this sub- clause (I); and tion under this Act for use in developing a title or the amendments made by this sub- ‘‘(bb) the increased salary threshold estab- Hazard Analysis and Critical Control Points title, this subtitle and the amendments made lished under subparagraph (B), as updated in plan; and by this subtitle shall take effect on the first accordance with the data set and method- ‘‘(2) publish online scale-appropriate model day of the third month that begins after the ology established by the Secretary under Hazard Analysis and Critical Control Points date of enactment of this Act. subparagraph (B)(ii). plans for smaller establishments and very Subtitle B—Restoring Overtime Pay Act ‘‘(ii) NONAPPLICABILITY OF RULEMAKING.— small establishments, including model plans Any update described in this subparagraph for— SEC. 11121. SHORT TITLE. shall not be subject to the requirements of ‘‘(A) slaughter-only establishments; This subtitle may be cited as the ‘‘Restor- notice and comment rulemaking under sec- ‘‘(B) processing-only establishments; and ing Overtime Pay Act’’. tion 553 of title 5, United States Code. ‘‘(C) slaughter and processing establish- SEC. 11122. MINIMUM SALARY THRESHOLD FOR ‘‘(D) NOTICE REQUIREMENT.—Not later than ments. BONA FIDE EXECUTIVE, ADMINIS- 60 days before a revised salary threshold ‘‘(c) GUIDANCE.—Not later than 2 years TRATIVE, AND PROFESSIONAL EM- under this paragraph takes effect, the Sec- PLOYEES EXEMPT FROM FEDERAL after the date of enactment of this section, OVERTIME COMPENSATION RE- retary shall publish a notice announcing the the Secretary shall publish a guidance docu- QUIREMENTS. amount in the Federal Register and on the ment, after notice and an opportunity for (a) IN GENERAL.—Section 13 of the Fair internet website of the Department of Labor. public comment, providing information on Labor Standards Act of 1938 (29 U.S.C. 213) is ‘‘(3) DUTIES TEST.—The Secretary shall, in the requirements that need to be met for amended— addition to the requirement under paragraph smaller establishments and very small estab- (1) in subsection (a)(1)— (1), continue to require employees to satisfy lishments to receive approval for a Hazard (A) by inserting ‘‘subsection (k) and’’ after a duties test, as prescribed by the Secretary, Analysis and Critical Control Points Plan ‘‘subject to’’; and in defining and delimiting the terms de- pursuant to this Act.’’. (B) by inserting ‘‘(except as provided under scribed in subsection (a)(1).’’. (b) MEAT ESTABLISHMENTS.—The Federal subsection (k)(2)(C))’’ after ‘‘Administrative (b) PUBLICATION OF EARNINGS.—Not later Meat Inspection Act is amended by inserting Procedure Act’’; and than 21 days after the end of each calendar after section 25 (21 U.S.C. 625) the following: (2) by adding at the end the following: quarter, the Bureau of Labor Statistics shall publish on its public website, for each week ‘‘SEC. 26. SMALLER AND VERY SMALL ESTABLISH- ‘‘(k) MINIMUM SALARY THRESHOLD.— of such quarter, data on the weekly earnings MENT GUIDANCE AND RESOURCES. ‘‘(1) IN GENERAL.—Beginning on the effec- ‘‘(a) DEFINITIONS OF SMALLER ESTABLISH- tive date of the Restoring Overtime Pay Act, of nonhourly, full-time salaried workers by census region (as designated by the Bureau MENT AND VERY SMALL ESTABLISHMENT.—In the Secretary shall require that an employee this section, the terms ‘smaller establish- described in subsection (a)(1), as a require- of the Census). (c) EFFECTIVE DATE.—This subtitle, and ment’ and ‘very small establishment’ have ment for exemption under such subsection, the amendments made by this subtitle, shall the meanings given those terms in the final be compensated on a salary basis, or equiva- take effect on the first day of the third rule entitled ‘Pathogen Reduction; Hazard lent fee basis, within the meaning of such month that begins after the date of enact- Analysis and Critical Control Point (HACCP) terms in subpart G of part 541 of title 29, ment of this Act. Systems’ (61 Fed. Reg. 38806 (July 25, 1996)). Code of Federal Regulations (or any suc- ‘‘(b) DATABASE OF STUDIES; MODEL cessor regulation), at a rate per week that is By Mr. THUNE (for himself, Mr. PLANS.—Not later than 18 months after the not less than the salary threshold under date of enactment of this section, the Sec- paragraph (2). MERKLEY, Ms. COLLINS, and Mr. retary shall— ‘‘(2) SALARY THRESHOLD.— KING): ‘‘(1) establish a free, searchable database of ‘‘(A) IN GENERAL.—Subject to subpara- S. 5066. A bill to amend the Poultry approved peer-reviewed validation studies graphs (B) and (C), the salary threshold shall Products Inspection Act and the Fed- accessible to smaller establishments and be an amount that is equal to the 40th per- eral Meat Inspection Act to support very small establishments subject to inspec- centile of earnings of full-time salaried small and very small meat and poultry tion under this Act for use in developing a workers in the lowest-wage census region, as processing establishments, and for Hazard Analysis and Critical Control Points determined by the Bureau of Labor Statis- other purposes; to the Committee on plan; and tics based on data from the second quarter of Agriculture, Nutrition, and Forestry. ‘‘(2) publish online scale-appropriate model the calendar year preceding the calendar Mr. THUNE. Mr. President, I ask Hazard Analysis and Critical Control Points year in which such amount takes effect. plans for smaller establishments and very ‘‘(B) INCREASED THRESHOLD.—The Sec- unanimous consent that the text of the small establishments, including model plans retary may establish, through notice and bill be printed in the RECORD. for— comment rulemaking under section 553 of There being no objection, the text of ‘‘(A) slaughter-only establishments; title 5, United States Code, a salary thresh- the bill was ordered to be printed in ‘‘(B) processing-only establishments; and old that is an amount that— the RECORD, as follows: ‘‘(C) slaughter and processing establish- ‘‘(i) is greater than the 40th percentile of S. 5066 ments. earnings of the full-time salaried workers de- Be it enacted by the Senate and House of Rep- scribed in subparagraph (A); and ‘‘(c) GUIDANCE.—Not later than 2 years resentatives of the United States of America in after the date of enactment of this section, ‘‘(ii) is calculated based on a data set and Congress assembled, methodology established by the Secretary the Secretary shall publish a guidance docu- SECTION 1. SHORT TITLE. ment, after notice and an opportunity for that are capable of being updated in accord- This Act may be cited as the ‘‘Strength- ance with subparagraph (C). public comment, providing information on ening Local Processing Act of 2020’’. the requirements that need to be met for ‘‘(C) AUTOMATIC UPDATES.— SEC. 2. HACCP GUIDANCE AND RESOURCES FOR smaller establishments and very small estab- ‘‘(i) IN GENERAL.—Not later than 3 years SMALLER AND VERY SMALL POUL- lishments to receive approval for a Hazard after the salary threshold first takes effect TRY AND MEAT ESTABLISHMENTS. under subparagraph (A), and every 3 years Analysis and Critical Control Points Plan (a) POULTRY ESTABLISHMENTS.—The Poul- pursuant to this Act.’’. thereafter, or, in the case in which the Sec- try Products Inspection Act is amended by retary establishes an increased salary inserting after section 14 (21 U.S.C. 463) the SEC. 3. INCREASING MAXIMUM FEDERAL SHARE threshold under subparagraph (B), every 3 following: FOR EXPENSES OF STATE INSPEC- TION. years after establishing such increased sal- ‘‘SEC. 14A. SMALLER AND VERY SMALL ESTAB- ary threshold, the Secretary shall update the LISHMENT GUIDANCE AND RE- (a) POULTRY PRODUCTS.—Section 5(a)(3) of amount of the salary threshold in effect SOURCES. the Poultry Products Inspection Act (21 under subparagraph (A) or (B), as applicable, ‘‘(a) DEFINITIONS OF SMALLER ESTABLISH- U.S.C. 454(a)(3)) is amended in the second so that such amount is equal to— MENT AND VERY SMALL ESTABLISHMENT.—In sentence by striking ‘‘50 per centum’’ and in- ‘‘(I) in the case in which the Secretary does this section, the terms ‘smaller establish- serting ‘‘65 percent’’. not establish an increased salary threshold ment’ and ‘very small establishment’ have (b) MEAT AND MEAT FOOD PRODUCTS.—Sec- under subparagraph (B), the 40th percentile the meanings given those terms in the final tion 301(a)(3) of the Federal Meat Inspection of earnings of full-time salaried workers in rule entitled ‘Pathogen Reduction; Hazard Act (21 U.S.C. 661(a)(3)) is amended in the the lowest-wage census region, as deter- Analysis and Critical Control Point (HACCP) second sentence by striking ‘‘50 per centum’’ mined by the Bureau of Labor Statistics Systems’ (61 Fed. Reg. 38806 (July 25, 1996)). and inserting ‘‘65 percent’’.

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SEC. 4. COOPERATIVE INTERSTATE SHIPMENT OF ‘‘(i) have a State meat inspection program ‘‘(3) DURATION.—The term of a grant POULTRY AND MEAT. pursuant to section 301; but awarded under this section shall not exceed (a) POULTRY PRODUCTS.—Section 31 of the ‘‘(ii) do not have a selected establishment. 3 years. Poultry Products Inspection Act (21 U.S.C. ‘‘(B) REPORT.—At the conclusion of each of ‘‘(c) APPLICATIONS.— 472) is amended— fiscal years 2021 through 2024, the Secretary ‘‘(1) IN GENERAL.—An eligible entity desir- (1) in subsection (b)— shall submit a report detailing the activities ing a grant under this section shall submit (A) in paragraph (2), by striking ‘‘25 em- and results of the outreach conducted during to the Secretary an application at such time, ployees’’ each place it appears and inserting that fiscal year under paragraph (1) to— in such manner, and containing such infor- ‘‘50 employees’’; and ‘‘(i) the Committee on Agriculture of the mation as the Secretary may require. (B) in paragraph (3)— House of Representatives; ‘‘(2) APPLICATIONS FOR SMALL GRANTS.—The (i) in the paragraph heading, by striking ‘‘(ii) the Committee on Agriculture, Nutri- Secretary shall establish a separate, sim- ‘‘25’’ and inserting ‘‘50’’; tion, and Forestry of the Senate; plified application process for eligible enti- (ii) in subparagraph (A), by striking ‘‘25’’ ‘‘(iii) the Subcommittee on Agriculture, ties applying for a grant under this section and inserting ‘‘50’’; and Rural Development, Food and Drug Adminis- of not more than $100,000. (iii) in subparagraph (B)— tration, and Related Agencies of the Com- ‘‘(3) REQUIREMENTS.—The Secretary shall (I) in clause (i), by striking ‘‘more than 25 mittee on Appropriations of the House of ensure that any application for a grant employees but less than 35 employees’’ and Representatives; and under this section is— inserting ‘‘more than 50 employees but less ‘‘(iv) the Subcommittee on Agriculture, ‘‘(A) simple and practicable; than 70 employees’’; and Rural Development, Food and Drug Adminis- ‘‘(B) accessible online; and (II) in clause (ii), by striking ‘‘subsection tration, and Related Agencies of the Com- ‘‘(C) available through local staff of the (i)’’ and inserting ‘‘subsection (j)’’; mittee on Appropriations of the Senate.’’. Department of Agriculture. (2) in subsection (c), by striking ‘‘60 per- ‘‘(4) NOTICE.—Not later than 14 days before SEC. 5. PROCESSING RESILIENCE GRANT PRO- the date on which the Secretary begins to cent’’ and inserting ‘‘80 percent’’; GRAM. accept applications under paragraph (1), the (3) in subsection (e)(1), by striking ‘‘sub- Subtitle A of the Agricultural Marketing Secretary shall publish a notice of funding section (i)’’ and inserting ‘‘subsection (j)’’; Act of 1946 (7 U.S.C. 1621 et seq.) is amended opportunity with respect to the grants avail- (4) by redesignating subsections (f) through by adding at the end the following: able under this section. (i) as subsections (g) through (j), respec- ‘‘SEC. 210B. PROCESSING RESILIENCE GRANT tively; and ‘‘(5) REAPPLICATION.—If an application of PROGRAM. an eligible entity under this subsection is de- (5) by inserting after subsection (e) the fol- ‘‘(a) DEFINITIONS.—In this section: nied by the Secretary, the eligible entity lowing: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible may submit a revised application. ‘‘(f) FEDERAL OUTREACH.— entity’ means— ‘‘(6) PRIORITY.—In reviewing applications ‘‘(1) IN GENERAL.—In each of fiscal years ‘‘(A) a smaller establishment or very small submitted under this subsection, the Sec- 2021 through 2024, for the purpose of State establishment (as those terms are defined in retary shall give priority to proposals that participation in the Cooperative Interstate the final rule entitled ‘Pathogen Reduction; will— Shipment program, the Secretary shall con- Hazard Analysis and Critical Control Point ‘‘(A) increase farmer and rancher access to duct outreach to, and, as appropriate, subse- (HACCP) Systems’ (61 Fed. Reg. 33806 (July animal slaughter options within a 200-mile quent negotiation with, not fewer than 25 25, 1996))); radius of the location of the farmer or ranch- percent of the States that— ‘‘(B) a slaughtering or processing establish- er; ‘‘(A) have a State poultry product inspec- ment subject to— ‘‘(B) support an eligible entity described in tion program pursuant to section 5; but ‘‘(i) a State meat inspection program pur- subsection (a)(1)(A); or ‘‘(B) do not have a selected establishment. suant to section 301 of the Federal Meat In- ‘‘(C) support an eligible entity that is a mi- ‘‘(2) REPORT.—At the conclusion of each of spection Act (21 U.S.C. 661); or nority-owned business. fiscal years 2021 through 2024, the Secretary ‘‘(ii) a State poultry product inspection ‘‘(d) USE OF GRANT.—An eligible entity shall submit a report detailing the activities program pursuant to section 5 of the Poultry that receives a grant under this section shall and results of the outreach conducted during Products Inspection Act (21 U.S.C. 454); use the grant funds to carry out activities in that fiscal year under paragraph (1) to— ‘‘(C) a person engaging in custom oper- support of the purposes described in sub- ‘‘(A) the Committee on Agriculture of the ations that is exempt from inspection section (b)(1), including through— House of Representatives; under— ‘‘(1) the development and issuance of a ‘‘(B) the Committee on Agriculture, Nutri- ‘‘(i) section 23 of the Federal Meat Inspec- Hazard Analysis and Critical Control Points tion, and Forestry of the Senate; tion Act (21 U.S.C. 623); or plan for the eligible entity, which may be de- ‘‘(C) the Subcommittee on Agriculture, ‘‘(ii) section 15 of the Poultry Products In- veloped by a consultant; Rural Development, Food and Drug Adminis- spection Act (21 U.S.C. 464); and ‘‘(2) the purchase or establishment, as ap- tration, and Related Agencies of the Com- ‘‘(D) a person seeking— plicable, of facilities, equipment, processes, mittee on Appropriations of the House of ‘‘(i) to establish and operate an establish- and operations necessary for the eligible en- Representatives; and ment described in subparagraph (A) or (B); or tity to comply with applicable requirements ‘‘(D) the Subcommittee on Agriculture, ‘‘(ii) to engage in custom operations de- under the Federal Meat Inspection Act (21 Rural Development, Food and Drug Adminis- scribed in subparagraph (C). U.S.C. 601 et seq.) or the Poultry Products tration, and Related Agencies of the Com- ‘‘(2) MINORITY-OWNED BUSINESS.—The term Inspection Act (21 U.S.C. 451 et seq.); mittee on Appropriations of the Senate.’’. ‘minority-owned business’ means a for-profit ‘‘(3) the purchase of cold storage, equip- (b) MEAT AND MEAT FOOD PRODUCTS.—Sec- business not less than 51 percent of which is ment, or transportation services or equip- tion 501 of the Federal Meat Inspection Act owned by 1 or more Black American, Native ment needed to respond to COVID–19 de- (21 U.S.C. 683) is amended— American, Hispanic American, or Asian mand; (1) in subsection (b)— American individuals. ‘‘(4) the purchase of test kits for COVID–19, (A) in paragraph (2), by striking ‘‘25 em- ‘‘(3) SECRETARY.—The term ‘Secretary’ temperature screening supplies, disinfectant, ployees’’ each place it appears and inserting means the Secretary of Agriculture, acting sanitation systems, hand washing stations, ‘‘50 employees’’; and through the Administrator of the Agricul- and other sanitizing supplies; (B) in paragraph (3)— tural Marketing Service. ‘‘(5) the purchase and decontamination of (i) in the paragraph heading, by striking ‘‘(b) GRANTS.— personal protective equipment; ‘‘25’’ and inserting ‘‘50’’; ‘‘(1) IN GENERAL.—Not later than 60 days ‘‘(6) the construction or purchase of hu- (ii) in subparagraph (A), by striking ‘‘25’’ after the date of enactment of this section, mane handling infrastructure, including and inserting ‘‘50’’; and the Secretary shall award competitive holding space for livestock prior to slaugh- (iii) in subparagraph (B)(i), by striking grants to eligible entities for activities to ter, shade structures, and knock box struc- ‘‘more than 25 employees but less than 35 adapt production, processing, distribution, tures; employees’’ and inserting ‘‘more than 50 em- and sales systems to respond to and recover ‘‘(7)(A) the purchase of software and com- ployees but less than 70 employees’’; from the effects of the Coronavirus Disease puter equipment for record keeping, produc- (2) in subsection (c), by striking ‘‘60 per- 2019 (referred to in this section as ‘COVID– tion data, Hazard Analysis and Critical Con- cent’’ and inserting ‘‘80 percent’’; and 19’) pandemic, including activities that— trol Points record review, and facilitation of (3) in subsection (f), by adding at the end ‘‘(A) support the health and safety of meat marketing and sales of products in a manner the following: and poultry plant employees, suppliers, and consistent with the social distancing guide- ‘‘(3) FEDERAL OUTREACH.— customers; lines of the Centers for Disease Control and ‘‘(A) IN GENERAL.—In each of fiscal years ‘‘(B) support increased processing capacity; Prevention; and 2021 through 2024, for the purpose of State and ‘‘(B) the provision of guidelines and train- participation in the Cooperative Interstate ‘‘(C) otherwise support the resilience of the ing relating to that software and computer Shipment program, the Secretary shall con- small meat and poultry processing sector. equipment; duct outreach to, and, as appropriate, subse- ‘‘(2) MAXIMUM AMOUNT.—The maximum ‘‘(8) the provision of staff time and train- quent negotiation with, not fewer than 25 amount of a grant awarded under this sec- ing for implementing and monitoring health percent of the States that— tion shall not exceed $500,000. and safety procedures;

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‘‘(9) the development of a feasibility study ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— ices by houses of worship because they were or business plan for, or the carrying out of There is authorized to be appropriated to the not deemed ‘‘essential’’, but commercial es- any other activity associated with, estab- Secretary to carry out this subsection tablishments like marijuana dispensaries lishing or expanding a small meat or poultry $10,000,000 for fiscal year 2021 and each fiscal and liquor stores were permitted to remain processing facility; and year thereafter, to remain available until ex- open; ‘‘(10) other activities associated with ex- pended.’’. (5) Nevada Governor Steve Sisolak, who panding or establishing an eligible entity de- f imposed strict numerical attendance caps on scribed in subsection (a)(1)(A), as determined houses of worship because they were not by the Secretary. SUBMITTED RESOLUTIONS deemed ‘‘essential’’, but allowed casinos and ‘‘(e) OUTREACH.—During the period begin- amusement parks to operate at half-capacity ning on the date on which the Secretary pub- without specific numerical limits on people lishes the notice under subsection (c)(4) and SENATE RESOLUTION 806—DE- within those facilities; and ending on the date on which the Secretary FENDING THE FREE EXERCISE (6) Mayor of the District of Columbia begins to accept applications under sub- OF RELIGION Muriel Bowser, who prohibited even outdoor section (c)(1), the Secretary shall perform religious services attended by more than 100 outreach to States and eligible entities re- Mr. SCOTT of Florida (for himself, people, regardless of compliance with face- lating to grants under this section. Mr. TILLIS, Mr. WICKER, Mr. BOOZMAN, covering and social distancing requirements, ‘‘(f) FEDERAL SHARE.— Mr. CRAMER, Mr. PERDUE, Mr. ROUNDS, but actively encouraged and participated in ‘‘(1) IN GENERAL.—Subject to paragraph (2), Mr. RUBIO, Mrs. BLACKBURN, Mr. COT- crowded political demonstrations attended the Federal share of the activities carried TON, Mr. HOEVEN, Mr. BRAUN, Mrs. by thousands of individuals; out using a grant awarded under this section LOEFFLER, Mr. CRUZ, Mrs. HYDE-SMITH, Whereas the United States Supreme Court shall not exceed— Mr. LANKFORD, Mr. BARRASSO, Mr. recently granted injunctive relief to 2 houses ‘‘(A) 90 percent in the case of a grant in the of worship in New York against the discrimi- PAUL, and Mr. DAINES) submitted the amount of $100,000 or less; or natory actions by New York Governor An- ‘‘(B) 75 percent in the case of a grant in an following resolution; which was re- drew Cuomo, and declared ‘‘even in a pan- amount greater than $100,000. ferred to the Committee on the Judici- demic, the Constitution cannot be put away ‘‘(2) FISCAL YEAR 2021.—An eligible entity ary: and forgotten’’; and awarded a grant under this section during S. RES. 806 Whereas, for millions of people of the fiscal year 2021 shall not be required to pro- Whereas the First Amendment to the Con- United States, churches, synagogues, and vide non-Federal matching funds with re- houses of worship are more than just build- spect to the grant. stitution of the United States clearly, plain- ly, and unequivocally states that ‘‘Congress ings, and the ability to gather together in ‘‘(g) ADMINISTRATION.—The promulgation prayer for people of all faiths, creeds, and be- of regulations under, and administration of, shall make no law respecting an establish- ment of religion, or prohibiting the free ex- liefs must not be diminished or impeded by this section shall be made without regard the whims of government officials: Now, to— ercise thereof’’; Whereas the constitutional protection of therefore, be it ‘‘(1) the notice and comment provisions of Resolved, That the Senate— section 553 of title 5, United States Code; and this bedrock principle of religious liberty was extended to the actions of the several (1) affirms its support for the rights, lib- ‘‘(2) chapter 35 of title 44, United States erties, and protections enshrined in the Code (commonly known as the ‘Paperwork States through the Fourteenth Amendment to the Constitution of the United States; United States Constitution; and Reduction Act’). (2) commits to vigorously defend the right ‘‘(h) FUNDING.— Whereas, despite the clear prohibition of all people of the United States to engage ‘‘(1) MANDATORY FUNDING.—Of the funds of against laws infringing upon the free exer- in the free exercise of religion. the Commodity Credit Corporation, the Sec- cise of religion, houses of worship and reli- retary of Agriculture shall use to carry out gious organizations have been frequent tar- f this section $10,000,000 for each of fiscal years gets of asymmetric restrictions by State and SENATE RESOLUTION 807—URGING local government officials during the 2021 through 2030. THE GOVERNMENT OF UGANDA ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In coronavirus pandemic; addition to amounts made available under Whereas irrespective of compliance with AND ALL PARTIES TO RESPECT paragraph (1), there is authorized to be ap- mask mandates, social distancing, and other HUMAN, CIVIL, AND POLITICAL propriated to the Secretary of Agriculture to protective measures to limit the spread of RIGHTS AND ENSURE FREE AND carry out this section $15,000,000 for each of the coronavirus, houses of worship and reli- FAIR ELECTIONS IN JANUARY fiscal years 2021 through 2030.’’. gious organizations have been subjected to 2021, AND RECOGNIZING THE IM- SEC. 6. LOCAL MEAT AND POULTRY PROCESSING size restrictions or outright bans on in-per- PORTANCE OF MULTIPARTY DE- TRAINING PROGRAMS. son gatherings which severely infringe upon MOCRACY IN UGANDA Title IV of the Agricultural Research, Ex- the right of their members to freely exercise tension, and Education Reform Act of 1998 is their religion; Mr. MENENDEZ submitted the fol- amended by inserting before section 404 (7 Whereas, while houses of worship and reli- lowing resolution; which was referred U.S.C. 7624) the following: gious organizations are subjected to severe to the Committee on Foreign Rela- ‘‘SEC. 403. LOCAL MEAT AND POULTRY PROC- restrictions under the guise of limiting the tions: ESSING TRAINING PROGRAMS. transmission of the coronavirus, businesses ‘‘(a) HIGHER EDUCATION CAREER TRAINING and secular activities enjoy substantially S. RES. 807 PROGRAMS.— more favorable treatment by some State and Whereas the United States has an impor- ‘‘(1) IN GENERAL.—The Secretary shall pro- local government officials, including— tant interest in supporting democracy in vide competitive grants to junior or commu- (1) New York Governor Andrew Cuomo, Uganda and has consistently demonstrated nity colleges, technical or vocational who severely restricted the number of mem- support for the people of Uganda through ef- schools, and land-grant colleges and univer- bers who could enter a church or synagogue forts to advance good governance, economic sities (as defined in section 1404 of the Na- in color-designated zones, but imposed no growth, and improved access to health and tional Agricultural Research, Extension, and size restrictions on ‘‘essential’’ businesses, education; Teaching Policy Act of 1977 (7 U.S.C. 3103)) to like acupuncture facilities, hardware stores, Whereas Uganda has been an important se- establish or expand career training programs and liquor stores, and permitted other ‘‘non- curity partner of the United States, includ- relating to meat and poultry processing. essential’’ businesses to define their own size ing through its contributions to the counter- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— restrictions; terrorism efforts in East Africa, and to the There is authorized to be appropriated to the (2) North Carolina Governor Roy Cooper, African Union Mission in Somalia; Secretary to carry out this subsection who required worship services involving Whereas Uganda remains one of the top $10,000,000 for fiscal year 2021 and each fiscal more than 10 people to be held outdoors un- refugee hosting countries in the world, a year thereafter, to remain available until ex- less a church demonstrated doing so would contribution that plays an important role in pended. be ‘‘impossible’’, but commercial shopping regional stability and humanitarian protec- ‘‘(b) PROCESSOR CAREER TRAINING PRO- centers could allow people into the stores tion; GRAMS.— without limitation; Whereas more than 75 percent of Uganda’s ‘‘(1) IN GENERAL.—The Secretary shall pro- (3) California Governor Gavin Newsom, population is younger than 30 years of age, vide grants to smaller establishments and who prohibited or severely limited in-person and the political, economic, and social sta- very small establishments (as those terms worship services in counties with large num- bility of country will be shaped by the wel- are defined in the final rule entitled ‘Patho- bers of coronavirus cases, but secular busi- fare of its youth, and their access to oppor- gen Reduction; Hazard Analysis and Critical nesses and activities such as shopping malls, tunity, equality, and dignified lives; Control Point (HACCP) Systems’ (61 Fed. swap meets, and card rooms were permitted Whereas respect for human, civil, and po- Reg. 38806 (July 25, 1996))) and nongovern- higher attendance; litical rights and deepening multiparty de- mental organizations to offset the cost of (4) New Jersey Governor Phil Murphy, who mocracy are essential to Uganda’s long-term training new meat and poultry processors. prohibited or severely restricted indoor serv- economic prosperity and political stability;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00162 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.014 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7809 Whereas the conduct of elections, particu- with Ugandan authorities or risk criminal (C) to immediately lift uneven and par- larly the January 2021 elections, will have a penalties and some foreign journalists have tisan restrictions on political activities, in- significant impact on the trajectory of been deported from the country; cluding the uneven, partisan, and violent ap- democratic growth in Uganda and its rela- Whereas Ugandan authorities have sought plication of COVID–19 restrictions on opposi- tionship with the United States; to undermine digital rights, including by— tion political gatherings and rallies, and to Whereas the National Resistance Move- (1) subjecting people with large social safely allow opposition parties to hold polit- ment (referred to in this preamble as media followings to onerous administrative ical rallies, meetings, and demonstrations at ‘‘NRM’’) took control of the Government of regulation through the Uganda Communica- times of their choosing; Uganda in 1986 after period of protracted tions Commission public notice of September (D) to provide transparent, consistent, and conflict and has dominated the political af- 2020 and prior regulatory acts of the Uganda nonintrusive procedures for nongovern- fairs in Uganda ever since; Communications Commission; mental organizations to register, and to en- Whereas Yoweri Museveni has served as (2) imposing burdensome taxes on social able them to carry out programs and other Uganda’s head of state since 1986, making media users; legal activity without interference from the him the third-longest actively serving head (3) blocking access to social media during state authorities; of state in Africa; the 2016 elections; and (E) to safeguard press and academic free- Whereas Uganda has had national elections (4) prosecuting some individuals who have dom, in accordance with the Constitution since 1996, and multiparty elections since criticized the Museveni Administration on and the Universal Declaration of Human 2006, all of which have been won by the NRM social media platforms; Rights, adopted in Paris December 10, 1948; and President Museveni; Whereas although Uganda is home to one (F) to condemn threats and attacks Whereas the NRM has engineered changes of the premiere institutions of higher edu- against opposition political parties and civil society, and to ensure accountability for to the Ugandan constitution in 2005 and 2017, cation in Africa (Makerere University), harassment, intimidation, or physical at- which removed presidential term limits and Ugandan authorities have taken repeated ac- tacks on members of the opposition; age-limits respectively, and have allowed tion to suppress academic freedom and in- (G) to end the escalating campaign of re- President Museveni to remain in power for timidate students and faculty that have been pression against opposition candidates and more than 3 decades; critical of the Museveni Administration, in- their parties before the January 2021 elec- Whereas national elections in Uganda cluding by firing and jailing professors who tions; and since 1996 have not met internationally ac- criticize the regime; (H) to guarantee the ability of domestic cepted standards for free and fair polls, as Whereas same-sex relations in Uganda re- and international election observers to mon- the ruling party has leveraged access to, and main criminalized under section 145 of the influence over, state resources and institu- itor the January 2021 polls without hin- Penal Code Act, and people who identify as drance; tions to tilt the electoral balance in its lesbian, gay, bisexual, transgender, or queer favor; (4) calls on the Secretary of State, and the (referred to in this preamble as ‘‘LGBTQ per- heads of relevant departments and agencies Whereas Ugandan authorities have used co- sons’’) face a range of direct punitive action ercive measures, including arbitrary arrests of the United States Government to con- from Ugandan authorities, such as arrest and tinue— and detentions, torture, extra-judicial detention, and a permissive environment killings, and intrusive surveillance tech- (A) to speak out against the Government that encourages impunity for attacks of Uganda’s efforts to undermine democracy; nology to intimidate and silence political op- against LGBTQ persons; and position in the country; Whereas the Museveni Administration has (B) to hold the Government of Uganda ac- Whereas in March 2020, the Constitutional deployed an escalating array of repressive countable for respecting the rights of its Court of Uganda annulled section 8 of the re- measures before the January 2021 elections, citizens, in accordance with its Constitution pressive Public Order Management Act of including placing uneven and partisan limits and international obligations, including by— 2013, but Ugandan authorities continue to on the campaign activity of leading opposi- (i) considering the imposition of targeted obstruct lawful assemblies by the political tion candidates and arresting some can- sanctions and visa restrictions on actors in- opposition, often through violence; didates, which have triggered protests and volved in undermining credible, transparent Whereas the Museveni Administration has the subsequent use of force by the security elections, or for perpetrating or abetting used arbitrary and partisan legal action, en- apparatus to put down the protests, which human rights abuses; abled by its control of the courts, to intimi- led to the deaths of at least 28 people in No- (ii) leading international partners and in- date and silence members of the political op- vember 2020: stitutions, including those in Africa, in de- position; Now, therefore, be it veloping and implementing strategies and Whereas Ugandan authorities have not Resolved, That the Senate— actions to promote and defend human, civil, been held accountable for human rights (1) condemns the Museveni Administra- and political rights and multiparty democ- abuses, including those perpetrated against tion’s assault on democratic freedoms, in- racy in Uganda; prominent members of the political opposi- cluding attacks on opposition politicians, as- (iii) immediately conducting a review of tion, including members of parliament; saults on journalists and media freedoms, United States Government assistance and Whereas many Ugandan officials have not and burdensome restrictions on nongovern- cooperation with the Government of Uganda been held accountable for acts of gross cor- mental organizations; for the purposes of reprioritizing areas and ruption, which have been documented by (2) urges the Government of Uganda— sectors of assistance should neutral observ- Human Rights Watch in 2013 and other non- (A) to respect the rights enshrined in the ers determine that the January 2021 polls do governmental organizations (referred to in Constitution of the Republic of Uganda (re- not meet internationally accepted standards this preamble as ‘‘NGOs’’), despite the exist- ferred to in this resolution as the ‘‘Constitu- for credible elections; and ence of anti-corruption laws, including— tion’’) and relevant international obliga- (iv) insisting on full and public investiga- (1) the Penal Code Act; tions, particularly the rights to freedom of (2) the Leadership Code Act, 2002; tions that ensure accountability for acts of movement, expression, information, religion, (3) the Inspectorate of Government Act, violence, harassment and intimidation per- association, equality, privacy, and personal 2002; petrated against political opposition, jour- (4) the Anti-Corruption Act, 2009; and security; and nalists, and members of civil society, espe- (5) the Public Finance Management Act, (B) to take immediate steps to improve the cially before and after the January 2021 elec- 2015; pre-election environment and to create con- tions. ditions for credible democratic elections in Whereas Ugandan authorities continue to f deploy a range of restrictive and onerous ad- January 2021 that enable Ugandan citizens ministrative measures against NGOs, includ- the opportunity to freely exercise their right SENATE RESOLUTION 808—CON- ing— to vote; GRATULATING THE NATIONAL (1) the deregistration of more than 12,000 (3) calls upon the Government of Uganda URBAN LEAGUE ON 110 YEARS mostly local NGOs in November 2019; and President Museveni— OF SERVICE EMPOWERING AFRI- (2) the freezing of the bank accounts of (A) to repeal repressive laws and adminis- CAN AMERICANS AND OTHER UN- some NGOs in December 2020; and trative actions that are contrary to the prin- (3) a broader range of actions designed to ciples of good governance, a healthy democ- DERSERVED COMMUNITIES intimidate civil society, such as the denial of racy, and the rights enumerated in the Con- WHILE HELPING TO FOSTER A entry or deportation of some leaders of inter- stitution, such as— MORE JUST, EQUITABLE, AND national NGOs in 2020; (i) colonial-era laws that target the INCLUSIVE UNITED STATES Whereas independent media outlets in LGBTQ community; and Mr. BOOKER (for himself, Mr. SCOTT Uganda have been placed under increasing (ii) the Uganda Communications Commis- of South Carolina, Mr. BROWN, Mr. duress by the Museveni Administration sion’s September 2020 public notice that, in through regulatory and other administrative conjunction with other regulations, under- GRAHAM, Mr. JONES, Mr. RUBIO, Mr. and legal actions designed to intimidate mines digital rights; MARKEY, Mr. BLUMENTHAL, Ms. SMITH, journalists who report independently; (B) to allow citizens, civil society organi- and Mr. CARDIN) submitted the fol- Whereas journalists working for foreign zations, and political parties to assemble lowing resolution; which was consid- media outlets are now required to re-register peacefully and to freely express their views; ered and agreed to:

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S. RES. 808 Whereas the 90 local affiliates and 11,000 Resolved, That the Senate— Whereas the National Urban League— volunteers of the National Urban League, (1) congratulates the National Urban (1) was founded in 1910 by Mrs. Ruth Stand- which are located in 36 States and the Dis- League on 110 years of service empowering ish Baldwin and Dr. George Edmund Haynes trict of Columbia, provide services across 300 African Americans and other underserved as a multiracial, diverse, and grassroots communities; communities while helping to foster a more campaign; Whereas the signature programs of the Na- just, equitable, and inclusive United States; (2) is a nonpartisan and historic social tional Urban League— (2) expresses deep gratitude for the hard- service and civil rights organization based in (1) are evidence-based, data-informed, and working and dedicated men and women of scalable; and New York City; and the National Urban League and the affiliates (2) demonstrably enhance the economic (3) is dedicated to economic empowerment, and auxiliaries of the National Urban and educational status of the communities League, who, for more than 110 years, have equality, and social justice for African the programs serve; Americans and other historically under- challenged unjust systems and broken down Whereas, since 2004, the Entrepreneurship economic and social barriers; and served groups; Center Program, which is a part of the En- Whereas 8 leaders have been at the helm of (3) commends the ongoing and tireless ef- trepreneurship and Business Services divi- forts of the National Urban League to con- the National Urban League during its 110- sion of the National Urban League, has year history; tinue— served approximately 185,000 minority-owned (A) addressing racial and economic in- Whereas the 8 leaders of the National businesses, helped those businesses secure Urban League were strengthened by an inter- equality; and more than $1,000,000,000 in financing, bonding (B) fighting for the rights of all people of racial board of trustees comprised of key fig- capacity, and contracting opportunities, and ures from businesses in the United States, the United States to live with freedom, dig- created or saved more than 170,000 full-time nity, and prosperity. labor unions, community organizations, and and part-time jobs; religious and academic institutions; Whereas, since 2008, more than 315,000 indi- f Whereas the National Urban League— viduals have received assistance through the (1) is the oldest and largest community- AMENDMENTS SUBMITTED AND Comprehensive Housing Counseling and Fi- PROPOSED based organization of its kind in the United nancial Empowerment programs of the Hous- States; and ing and Community Development division of SA 2718. Mr. CRUZ (for himself, Ms. (2) provides direct services in the areas of the National Urban League; SINEMA, Mr. WICKER, Ms. CANTWELL, Mr. education, health care, housing, jobs, and Whereas Restore Our Homes, which is the CARDIN, and Mr. VAN HOLLEN) proposed an justice that improve the lives of more than foreclosure prevention initiative of the Na- amendment to the bill S. 2800, to authorize 2,000,000 individuals across the United tional Urban League, has helped more than programs of the National Aeronautics and States; 25,000 individuals avoid foreclosure, and the Space Administration, and for other pur- Whereas the employees of the headquarters Home Purchase program of the National poses. of the National Urban League in New York Urban League has assisted 7,200 individuals f City and its Washington Bureau in Wash- to become first-time homeowners; ington, D.C., spearhead the efforts of the Whereas, since 2008, Project Ready, which TEXT OF AMENDMENTS local affiliates of the National Urban League is the signature program of the Education SA 2718. Mr. CRUZ (for himself, Ms. through the development of signature pro- and Youth Development division of the Na- SINEMA, Mr. WICKER, Ms. CANTWELL, grams, public policy research, and advocacy; tional Urban League, has helped 18,000 stu- Whereas, on its 110th anniversary, the Na- Mr. CARDIN, and Mr. VAN HOLLEN) pro- dents in grades 8 through 12 progress aca- posed an amendment to the bill S. 2800, tional Urban League can look back with demically, benefit from cultural enrichment great pride on its extraordinary accomplish- opportunities, and develop important skills, to authorize programs of the National ments; attitudes, and aptitudes that position them Aeronautics and Space Administration, Whereas the research arm of the National for success during and after high school; and for other purposes; as follows: Urban League— Whereas, since 2010, the Equity and Excel- Strike all after the enacting clause and in- (1) was established in 1921 by renowned re- lence Project of the National Urban League sert the following: searcher Dr. Charles S. Johnson; and has enabled the affiliates of the National SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) has released numerous publications, in- Urban League to expand their education ad- (a) SHORT TITLE.—This Act may be cited as cluding Opportunity: Journal of Negro Life vocacy and engagement work in cities and the ‘‘National Aeronautics and Space Admin- between 1923 and 1949, State of Black Amer- States across the United States; istration Authorization Act of 2020’’. ica since 1976, and other pertinent studies Whereas, in 2013, the Rebuild America Ini- (b) TABLE OF CONTENTS.—The table of con- documenting and elevating social conscious- tiative, which is a program of the Workforce tents of this Act is as follows: ness; Development division of the National Urban Sec. 1. Short title; table of contents. Whereas, in 1962, the Washington Bureau of League, has helped more than 250,000 unem- Sec. 2. Definitions. the National Urban League was established, ployed and underemployed adults, including TITLE I—AUTHORIZATION OF which serves as the research, policy, and ad- young adults, reentry adults, and mature APPROPRIATIONS vocacy arm of the National Urban League adults, to secure full-time employment or Sec. 101. Authorization of appropriations. and gives voice to voiceless individuals on career advancement opportunities; TITLE II—HUMAN SPACEFLIGHT AND issues before Congress and the administra- Whereas the National Urban League— tion of the President; (1) has been a leader in the United States EXPLORATION Whereas, during the 1960s, the National in the fight against unfair laws and eco- Sec. 201. Advanced cislunar and lunar sur- Urban League— nomic and racial inequality; and face capabilities. (1) became a major force in the civil rights (2) is dedicated to eradicating social and Sec. 202. Space launch system configura- arena and worked closely with A. Phillip economic injustices through the develop- tions. Randolph, Dr. Martin Luther King, Jr., and ment of programs, public policy research, Sec. 203. Advanced spacesuits. many other exceptional leaders to advance and advocacy for policies and services that Sec. 204. Acquisition of domestic space civil rights, voting rights, and fair housing close equality and equity gaps; transportation and logistics re- legislation; and Whereas, through the work of the Equi- supply services. (2) saw tremendous growth in its partner- table Justice and Democracy Program, the Sec. 205. Rocket engine test infrastructure. ship with the Federal Government to address National Urban League advocates for justice Sec. 206. Indian River Bridge. Sec. 207. Pearl River maintenance. race relations, deliver aid to urban areas, and fairness for all individuals through the Sec. 208. Value of International Space Sta- and improve housing, education, healthcare, removal of unjust systemic barriers in the tion and capabilities in low- and assistance to minority-owned businesses; criminal justice system of the United States, Earth orbit. Whereas, in 1964, the National Urban the protection of voting rights, and the pres- Sec. 209. Extension and modification relat- League, through its affiliate network, helped ervation of freedoms to fully participate in ing to International Space Sta- register more than 500,000 Black voters; the democracy and civic processes of the tion. Whereas, in 1972, the Citizenship Education United States; Sec. 210. Department of Defense activities department of the National Urban League Whereas, throughout 110 years of service, on International Space Station. was established, which offers local citizen- the National Urban League has been pivotal Sec. 211. Commercial development in low- ship education programs, voter registration in improving the lives of millions of African Earth orbit. drives, and get out the vote campaigns; Americans and individuals who are members Sec. 212. Maintaining a national laboratory Whereas the Citizenship Education depart- of other underserved communities by helping in space. ment published the Power of the Ballot, reg- those individuals to combat poverty, achieve Sec. 213. International Space Station na- istered 75,000 new Black voters as part of a civil rights, and gain economic prosperity; tional laboratory; property 17-city voter registration drive, and, in 2020, and rights in inventions. has intensified efforts to register Black vot- Whereas the National Urban League re- Sec. 214. Data first produced during non- ers get out the vote and challenge voter sup- mains an essential organization today: Now, NASA scientific use of the ISS pression; therefore, be it national laboratory.

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Sec. 215. Payments received for commercial Sec. 803. Protection of data and information (12) SPACE LAUNCH SYSTEM.—The term space-enabled production on from public disclosure. ‘‘Space Launch System’’ means the Space the ISS. Sec. 804. Physical security modernization. Launch System authorized under section 302 Sec. 216. Stepping stone approach to explo- Sec. 805. Lease of non-excess property. of the National Aeronautics and Space Ad- ration. Sec. 806. Cybersecurity. ministration Act of 2010 (42 U.S.C. 18322). Sec. 217. Technical amendments relating to Sec. 807. Limitation on cooperation with the TITLE I—AUTHORIZATION OF Artemis missions. People’s Republic of China. APPROPRIATIONS TITLE III—SCIENCE Sec. 808. Consideration of issues related to contracting with entities re- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to Sec. 301. Science priorities. ceiving assistance from or af- Sec. 302. Lunar discovery program. the Administration for fiscal year 2021 filiated with the People’s Re- Sec. 303. Search for life. $23,495,000,000 as follows: public of China. Sec. 304. James Webb Space Telescope. (1) For Exploration, $6,706,400,000. Sec. 809. Small satellite launch services pro- Sec. 305. Wide-Field Infrared Survey Tele- (2) For Space Operations, $3,988,200,000. gram. scope. (3) For Science, $7,274,700,000. Sec. 810. 21st century space launch infra- Sec. 306. Study on satellite servicing for (4) For Aeronautics, $828,700,000. structure. science missions. (5) For Space Technology, $1,206,000,000. Sec. 811. Missions of national need. Sec. 307. Earth science missions and pro- Sec. 812. Drinking water well replacement (6) For Science, Technology, Engineering, grams. for Chincoteague, Virginia. and Mathematics Engagement, $120,000,000. Sec. 308. Life science and physical science Sec. 813. Passenger carrier use. (7) For Safety, Security, and Mission Serv- research. Sec. 814. Use of commercial near-space bal- ices, $2,936,500,000. Sec. 309. Science missions to Mars. loons. (8) For Construction and Environmental Sec. 310. Planetary Defense Coordination Of- Sec. 815. President’s Space Advisory Board. Compliance and Restoration, $390,300,000. fice. Sec. 816. Initiative on technologies for noise (9) For Inspector General, $44,200,000. Sec. 311. Suborbital science flights. and emissions reductions. TITLE II—HUMAN SPACEFLIGHT AND Sec. 312. Earth science data and observa- Sec. 817. Remediation of sites contaminated EXPLORATION tions. with trichloroethylene. SEC. 201. ADVANCED CISLUNAR AND LUNAR SUR- Sec. 313. Sense of Congress on small sat- Sec. 818. Report on merits and options for FACE CAPABILITIES. ellite science. establishing an institute relat- (a) SENSE OF CONGRESS.—It is the sense of Sec. 314. Sense of Congress on commercial ing to space resources. Congress that— space services. Sec. 819. Report on establishing center of ex- (1) commercial entities in the United Sec. 315. Procedures for identifying and ad- cellence for space weather tech- States have made significant investment and dressing alleged violations of nology. progress toward the development of human- scientific integrity policy. Sec. 820. Review on preference for domestic class lunar landers; TITLE IV—AERONAUTICS suppliers. (2) NASA developed the Artemis program— Sec. 401. Short title. Sec. 821. Report on utilization of commer- (A) to fulfill the goal of landing United Sec. 402. Definitions. cial spaceports licensed by Fed- States astronauts, including the first woman Sec. 403. Experimental aircraft projects. eral Aviation Administration. and the next man, on the Moon; and Sec. 404. Unmanned aircraft systems. Sec. 822. Active orbital debris mitigation. (B) to collaborate with commercial and Sec. 405. 21st Century Aeronautics Capabili- Sec. 823. Study on commercial communica- international partners to establish sustain- ties Initiative. tions services. able lunar exploration by 2028; and Sec. 406. Sense of Congress on on-demand air SEC. 2. DEFINITIONS. (3) in carrying out the Artemis program, transportation. In this Act: the Administration should ensure that the Sec. 407. Sense of Congress on hypersonic (1) ADMINISTRATION.—The term ‘‘Adminis- entire Artemis program is inclusive and rep- technology research. tration’’ means the National Aeronautics resentative of all people of the United TITLE V—SPACE TECHNOLOGY and Space Administration. States, including women and minorities. (b) LANDER PROGRAM.— Sec. 501. Space Technology Mission Direc- (2) ADMINISTRATOR.—The term ‘‘Adminis- (1) IN GENERAL.—The Administrator shall torate. trator’’ means the Administrator of the Na- foster the flight demonstration of not more Sec. 502. Flight opportunities program. tional Aeronautics and Space Administra- than 2 human-class lunar lander designs Sec. 503. Small Spacecraft Technology Pro- tion. through public-private partnerships. gram. (3) APPROPRIATE COMMITTEES OF CON- (2) INITIAL DEVELOPMENT PHASE.—The Ad- Sec. 504. Nuclear propulsion technology. GRESS.—Except as otherwise expressly pro- Sec. 505. Mars-forward technologies. vided, the term ‘‘appropriate committees of ministrator may support the formulation of Sec. 506. Prioritization of low-enriched ura- Congress’’ means— more than 2 concepts in the initial develop- nium technology. (A) the Committee on Commerce, Science, ment phase. (c) REQUIREMENTS.—In carrying out the Sec. 507. Sense of Congress on next-genera- and Transportation of the Senate; and program under subsection (b), the Adminis- tion communications tech- (B) the Committee on Science, Space, and trator shall— nology. Technology of the House of Representatives. (1) enter into industry-led partnerships Sec. 508. Lunar surface technologies. (4) CISLUNAR SPACE.—The term ‘‘cislunar using a fixed-price, milestone-based ap- space’’ means the region of space beyond TITLE VI—STEM ENGAGEMENT proach; low-Earth orbit out to and including the re- Sec. 601. Sense of Congress. (2) to the maximum extent practicable, en- gion around the surface of the Moon. Sec. 602. STEM education engagement ac- courage reusability and sustainability of sys- (5) DEEP SPACE.—The term ‘‘deep space’’ tivities. tems developed; means the region of space beyond low-Earth Sec. 603. Skilled technical education out- (3) prioritize safety and implement robust orbit, including cislunar space. reach program. ground and in-space test requirements; (6) DEVELOPMENT COST.—The term ‘‘devel- Sec. 604. National space grant college and (4) ensure availability of 1 or more lunar opment cost’’ has the meaning given the fellowship program. polar science payloads for a demonstration term in section 30104 of title 51, United TITLE VII—WORKFORCE AND mission; and States Code. INDUSTRIAL BASE (5) to the maximum extent practicable, (7) ISS.—The term ‘‘ISS’’ means the Inter- offer existing capabilities and assets of Sec. 701. Appointment and compensation national Space Station. NASA centers to support these partnerships. pilot program. (8) ISS MANAGEMENT ENTITY.—The term Sec. 702. Establishment of multi-institution ‘‘ISS management entity’’ means the organi- SEC. 202. SPACE LAUNCH SYSTEM CONFIGURA- TIONS. consortia. zation with which the Administrator has en- (a) MOBILE LAUNCH PLATFORM.—The Ad- Sec. 703. Expedited access to technical tal- tered into a cooperative agreement under ent and expertise. ministrator is authorized to maintain 2 oper- section 504(a) of the National Aeronautics ational mobile launch platforms to enable Sec. 704. Report on industrial base for civil and Space Administration Authorization Act space missions and operations. the launch of multiple configurations of the of 2010 (42 U.S.C. 18354(a)). Space Launch System. Sec. 705. Separations and retirement incen- (9) NASA.—The term ‘‘NASA’’ means the tives. (b) EXPLORATION UPPER STAGE.—To meet National Aeronautics and Space Administra- the capability requirements under section Sec. 706. Confidentiality of medical quality tion. assurance records. 302(c)(2) of the National Aeronautics and (10) ORION.—The term ‘‘Orion’’ means the Space Administration Authorization Act of TITLE VIII—MISCELLANEOUS multipurpose crew vehicle described in sec- 2010 (42 U.S.C. 18322(c)(2)), the Administrator PROVISIONS tion 303 of the National Aeronautics and shall continue development of the Explo- Sec. 801. Contracting authority. Space Administration Authorization Act of ration Upper Stage for the Space Launch Sec. 802. Authority for transaction proto- 2010 (42 U.S.C. 18323). System with a scheduled availability suffi- type projects and follow-on pro- (11) OSTP.—The term ‘‘OSTP’’ means the cient for use on the third launch of the Space duction contracts. Office of Science and Technology Policy. Launch System.

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(c) BRIEFING.—Not later than 90 days after (1) the ISS; or (2) MATTERS TO BE INCLUDED.—The report the date of the enactment of this Act, the (2) any Government-owned or Government- required by paragraph (1) shall include the Administrator shall brief the appropriate funded platform in Earth orbit or cislunar following: committees of Congress on the development space, on the lunar surface, or elsewhere in (A) An assessment of prior use, if any, of and scheduled availability of the Exploration space. the authority under section 30102 of title 51, Upper Stage for the third launch of the (b) EXCEPTION.—The Administrator may United States Code, to improve testing infra- Space Launch System. enter into a contract with a person or an en- structure. (d) MAIN PROPULSION TEST ARTICLE.—To tity that proposes to use, or will use, a for- (B) An analysis of any barrier to imple- meet the requirements under section eign launch provider for a commercial serv- mentation of such authority for the purpose 302(c)(3) of the National Aeronautics and ice to carry out an activity described in sub- of promoting increased use of NASA rocket Space Administration Authorization Act of section (a) if— propulsion test infrastructure. 2010 (42 U.S.C. 18322(c)(3)), the Administrator (1) a domestic vehicle or service is unavail- SEC. 206. INDIAN RIVER BRIDGE. shall— able; or (a) IN GENERAL.—The Administrator, in co- (1) immediately on completion of the first (2) the launch vehicle or service is a con- ordination with the heads of other Federal full-duration integrated core stage test of tribution by a partner to an international agencies that use the Indian River Bridge on the Space Launch System, initiate develop- no-exchange-of-funds collaborative effort. the NASA Causeway, shall develop a plan to (c) RULE OF CONSTRUCTION.—Nothing in ment of a main propulsion test article for ensure that a bridge over the Indian River at this section shall be construed to prohibit the integrated core stage propulsion ele- such location provides access to the Eastern the Administrator from entering into 1 or ments of the Space Launch System, con- Range for national security, civil, and com- more no-exchange-of-funds collaborative sistent with cost and schedule constraints, mercial space operations. agreements with an international partner in particularly for long-lead propulsion hard- (b) FEE OR TOLL DISCOURAGED.—The plan support of the deep space exploration plan of ware needed for flight; shall strongly discourage the imposition of a NASA. (2) not later than 180 days after the date of user fee or toll on a bridge over the Indian the enactment of this Act, submit to the ap- SEC. 205. ROCKET ENGINE TEST INFRASTRUC- River at such location. TURE. propriate committees of Congress a detailed SEC. 207. PEARL RIVER MAINTENANCE. plan for the development and operation of (a) IN GENERAL.—The Administrator shall continue to carry out a program to mod- (a) IN GENERAL.—The Administrator shall such main propulsion test article; and coordinate with the Chief of the Army Corps (3) use existing capabilities of NASA cen- ernize rocket propulsion test infrastructure at NASA facilities— of Engineers to ensure the continued naviga- ters for the design, manufacture, and oper- bility of the Pearl River and Little Lake ation of the main propulsion test article. (1) to increase capabilities; (2) to enhance safety; channels sufficient to support NASA barge SEC. 203. ADVANCED SPACESUITS. (3) to support propulsion development and operations surrounding Stennis Space Center (a) SENSE OF CONGRESS.—It is the sense of testing; and and the Michoud Assembly Facility. Congress that next-generation advanced (4) to foster the improvement of Govern- (b) REPORT TO CONGRESS.—Not later than spacesuits are a critical technology for ment and commercial space transportation 180 days after the date of the enactment of human space exploration and use of low- and exploration. this Act, the Administrator shall submit to Earth orbit, cislunar space, the surface of (b) PROJECTS.—Projects funded under the the appropriate committees of Congress a re- the Moon, and Mars. program described in subsection (a) may in- port on efforts under subsection (a). (b) DEVELOPMENT PLAN.—The Adminis- clude— (c) APPROPRIATE COMMITTEES OF CON- trator shall establish a detailed plan for the (1) infrastructure and other facilities and GRESS.—In this section, the term ‘‘appro- development and manufacture of advanced systems relating to rocket propulsion test priate committees of Congress’’ means— spacesuits, consistent with the deep space stands and rocket propulsion testing; (1) the Committee on Commerce, Science, exploration goals and timetables of NASA. (2) enhancements to test facility capacity and Transportation, the Committee on Envi- (c) DIVERSE ASTRONAUT CORPS.—The Ad- and flexibility; and ronment and Public Works, and the Com- ministrator shall ensure that spacesuits de- (3) such other projects as the Adminis- mittee on Appropriations of the Senate; and veloped and manufactured after the date of trator considers appropriate to meet the (2) the Committee on Science, Space, and the enactment of this Act are capable of ac- goals described in that subsection. Technology, the Committee on Transpor- commodating a wide range of sizes of astro- (c) REQUIREMENTS.—In carrying out the tation and Infrastructure, and the Com- nauts so as to meet the needs of the diverse program under subsection (a), the Adminis- mittee on Appropriations of the House of NASA astronaut corps. trator shall— Representatives. (d) ISS USE.—Throughout the operational (1) prioritize investments in projects that SEC. 208. VALUE OF INTERNATIONAL SPACE STA- life of the ISS, the Administrator should enhance test and flight certification capa- TION AND CAPABILITIES IN LOW- fully use the ISS for testing advanced bilities for large thrust-level atmospheric EARTH ORBIT. spacesuits. and altitude engines and engine systems, and (a) SENSE OF CONGRESS.—It is the sense of (e) PRIOR INVESTMENTS.— multi-engine integrated test capabilities; Congress that— (1) IN GENERAL.—In developing an advanced (2) continue to make underutilized test fa- (1) it is in the national and economic secu- spacesuit, the Administrator shall, to the cilities available for commercial use on a re- rity interests of the United States to main- maximum extent practicable, partner with imbursable basis; and tain a continuous human presence in low- industry-proven spacesuit design, develop- (3) ensure that no project carried out under Earth orbit; ment, and manufacturing suppliers and le- this program adversely impacts, delays, or (2) low-Earth orbit should be used as a test verage prior and existing investments in ad- defers testing or other activities associated bed to advance human space exploration and vanced spacesuit technologies and existing with facilities used for Government pro- scientific discoveries; and capabilities at NASA centers to maximize grams, including— (3) the ISS is a critical component of eco- the benefits of such investments and tech- (A) the Space Launch System and the Ex- nomic, commercial, and industrial develop- nologies. ploration Upper Stage of the Space Launch ment in low-Earth orbit. (2) AGREEMENTS WITH PRIVATE ENTITIES.—In System; (b) HUMAN PRESENCE REQUIREMENT.—The carrying out this subsection, the Adminis- (B) in-space propulsion to support explo- United States shall continuously maintain trator may enter into 1 or more agreements ration missions; or the capability for a continuous human pres- with 1 or more private entities for the manu- (C) nuclear propulsion testing. ence in low-Earth orbit through and beyond facture of advanced spacesuits, as the Ad- (d) RULE OF CONSTRUCTION.—Nothing in the useful life of the ISS. ministrator considers appropriate. this section shall preclude a NASA program, SEC. 209. EXTENSION AND MODIFICATION RELAT- (f) BRIEFING.—Not later than 180 days after including the Space Launch System and the ING TO INTERNATIONAL SPACE STA- the date of the enactment of this Act, and Exploration Upper Stage of the Space TION. semiannually thereafter until NASA pro- Launch System, from using the modernized (a) POLICY.—Section 501(a) of the National cures advanced spacesuits under this section, test infrastructure developed under this sec- Aeronautics and Space Administration Au- the Administrator shall brief the appropriate tion. thorization Act of 2010 (42 U.S.C. 18351(a)) is committees of Congress on the development (e) WORKING CAPITAL FUND STUDY.— amended by striking ‘‘2024’’ and inserting plan in subsection (b). (1) IN GENERAL.—Not later than 180 days ‘‘2030’’. SEC. 204. ACQUISITION OF DOMESTIC SPACE after the date of the enactment of this Act, (b) MAINTENANCE OF UNITED STATES SEG- TRANSPORTATION AND LOGISTICS the Administrator shall submit to the appro- MENT AND ASSURANCE OF CONTINUED OPER- RESUPPLY SERVICES. priate committees of Congress a report on ATIONS.—Section 503(a) of the National Aero- (a) IN GENERAL.—Except as provided in the use of the authority under section 30102 nautics and Space Administration Author- subsection (b), the Administrator shall not of title 51, United States Code, to promote ization Act of 2010 (42 U.S.C. 18353(a)) is enter into any contract with a person or en- increased use of NASA rocket propulsion amended by striking ‘‘September 30, 2024’’ tity that proposes to use, or will use, a for- test infrastructure for research, develop- and inserting ‘‘September 30, 2030’’. eign launch provider for a commercial serv- ment, testing, and evaluation activities by (c) RESEARCH CAPACITY ALLOCATION AND IN- ice to provide space transportation or logis- other Federal agencies, firms, associations, TEGRATION OF RESEARCH PAYLOADS.—Section tics resupply for— corporations, and educational institutions. 504(d) of the National Aeronautics and Space

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7813 Administration Authorization Act of 2010 (42 product or service, as applicable, is offered 70905 of title 51, United States Code), which U.S.C. 18354(d)) is amended— by a private entity in the United States. is designated as a national laboratory under (1) in paragraph (1), in the first sentence— (2) EXCEPTION.—The Administrator may section 70905(b) of title 51, United States (A) by striking ‘‘As soon as practicable’’ offer a spaceflight product or service relat- Code— and all that follows through ‘‘2011,’’ and in- ing to the ISS to the government of a coun- (A) benefits the scientific community and serting ‘‘The’’; and try that is a signatory to the Agreement promotes commerce in space; (B) by striking ‘‘September 30, 2024’’ and Among the Government of Canada, Govern- (B) fosters stronger relationships among inserting ‘‘September 30, 2030’’; and ments of Member States of the European NASA and other Federal agencies, the pri- (2) in paragraph (2), in the third sentence, Space Agency, the Government of Japan, the vate sector, and research groups and univer- by striking ‘‘September 30, 2024’’ and insert- Government of the Russian Federation, and sities; ing ‘‘September 30, 2030’’. the Government of the United States of (C) advances science, technology, engineer- (d) MAINTENANCE OF USE.— America Concerning Cooperation on the ing, and mathematics education through use (1) IN GENERAL.—Section 70907 of title 51, Civil International Space Station, signed at of the unique microgravity environment; and United States Code, is amended— Washington January 29, 1998, and entered (D) advances human knowledge and inter- (A) in the section heading, by striking into force on March 27, 2001 (TIAS 12927), in- national cooperation; ‘‘2024’’ and inserting ‘‘2030’’; cluding an international partner astronaut (2) after the ISS is decommissioned, the (B) in subsection (a), by striking ‘‘Sep- (as defined in section 50902 of title 51, United United States should maintain a national tember 30, 2024’’ and inserting ‘‘September States Code) that is sponsored by the govern- microgravity laboratory in space; 30, 2030’’; and ment of such a country. (3) in maintaining a national microgravity (C) in subsection (b)(3), by striking ‘‘Sep- (d) SHORT-DURATION COMMERCIAL MIS- laboratory in space, the United States tember 30, 2024’’ and inserting ‘‘September SIONS.—To provide opportunities for addi- should make appropriate accommodations 30, 2030’’. tional transport of astronauts to the ISS and for different types of ownership and oper- help establish a commercial market in low- (e) TRANSITION PLAN REPORTS.—Section ation arrangements for the ISS and future 50111(c)(2) of title 51, United States Code is Earth orbit, the Administrator may permit space stations; amended— short-duration missions to the ISS for com- (4) to the maximum extent practicable, a mercial passengers on a fully or partially re- (1) in the matter preceding subparagraph national microgravity laboratory in space imbursable basis. (A), by striking ‘‘2023’’ and inserting ‘‘2028’’; should be maintained in cooperation with (e) PROGRAM AUTHORIZATION.— and international space partners; and (1) ESTABLISHMENT.—The Administrator (2) in subparagraph (J), by striking ‘‘2028’’ (5) NASA should continue to support fun- shall establish a low-Earth orbit commercial damental science research on future plat- and inserting ‘‘2030’’. development program to encourage the full- (f) ELIMINATION OF INTERNATIONAL SPACE forms in low-Earth orbit and cislunar space, est commercial use and development of space orbital and suborbital flights, drop towers, STATION NATIONAL LABORATORY ADVISORY by private entities in the United States. COMMITTEE.—Section 70906 of title 51, United and other microgravity testing environ- (2) ELEMENTS.—The program established States Code, is repealed. ments. under paragraph (1) shall, to the maximum (b) REPORT.—The Administrator, in coordi- (g) CONFORMING AMENDMENTS.—Chapter 709 extent practicable, include activities— of title 51, United States Code, is amended— nation with the National Space Council and (A) to stimulate demand for— other Federal agencies as the Administrator (1) by redesignating section 70907 as section (i) space-based commercial research, devel- considers appropriate, shall issue a report 70906; and opment, and manufacturing; detailing the feasibility of establishing a (2) in the table of sections for the chapter, (ii) spaceflight products and services; and microgravity national laboratory federally by striking the items relating to sections (iii) human spaceflight products and serv- funded research and development center to 70906 and 70907 and inserting the following: ices in low-Earth orbit; carry out activities relating to the study and ‘‘70906. Maintaining use through at least (B) to improve the capability of the ISS to use of in-space conditions. 2030.’’. accommodate commercial users; and SEC. 213. INTERNATIONAL SPACE STATION NA- SEC. 210. DEPARTMENT OF DEFENSE ACTIVITIES (C) subject to paragraph (3), to foster the TIONAL LABORATORY; PROPERTY ON INTERNATIONAL SPACE STA- development of commercial space stations RIGHTS IN INVENTIONS. TION. and habitats. (a) IN GENERAL.—Subchapter III of chapter (a) IN GENERAL.—Not later than 180 days (3) COMMERCIAL SPACE STATIONS AND HABI- 201 of title 51, United States Code, is amend- after the date of the enactment of this Act, TATS.— ed by adding at the end the following: the Secretary of Defense shall— (A) PRIORITY.—With respect to an activity ‘‘§ 20150. Property rights in designated inven- (1) identify and review each activity, pro- to develop a commercial space station or tions gram, and project of the Department of De- habitat, the Administrator shall give pri- ‘‘(a) EXCLUSIVE PROPERTY RIGHTS.—Not- fense completed, being carried out, or ority to an activity for which a private enti- withstanding section 3710a of title 15, chap- planned to be carried out on the ISS as of ty provides a significant share of the cost to ter 18 of title 35, section 20135, or any other the date of the review; and develop and operate the activity. provision of law, a designated invention shall (2) provide to the appropriate committees (B) REPORT.—Not later than 30 days after be the exclusive property of a user, and shall of Congress a briefing that describes the re- the date that an award or agreement is made not be subject to a Government-purpose li- sults of the review. to carry out an activity to develop a com- cense, if— (b) APPROPRIATE COMMITTEES OF CONGRESS mercial space station or habitat, the Admin- ‘‘(1)(A) the Administration is reimbursed DEFINED.—In this section, the term ‘‘appro- istrator shall submit to the appropriate com- under the terms of the contract for the full priate committees of Congress’’ means— mittees of Congress a report on the develop- cost of a contribution by the Federal Gov- (1) the Committee on Armed Services, the ment of the commercial space station or ernment of the use of Federal facilities, Committee on Appropriations, and the Com- habitat, as applicable, that includes— equipment, materials, proprietary informa- mittee on Commerce, Science, and Transpor- (i) a business plan that describes the man- tion of the Federal Government, or services tation of the Senate; and ner in which the project will— of a Federal employee during working hours, (2) the Committee on Armed Services, the (I) meet the future requirements of NASA including the cost for the Administration to Committee on Appropriations, and the Com- for low-Earth orbit human space-flight serv- carry out its responsibilities under para- mittee on Science, Space, and Technology of ices; and graphs (1) and (4) of section 504(d) of the Na- the House of Representatives. (II) fulfill the cost-share funding tional Aeronautics and Space Administra- SEC. 211. COMMERCIAL DEVELOPMENT IN LOW- prioritization under subparagraph (A); and tion Authorization Act of 2010 (42 U.S.C. EARTH ORBIT. (ii) a review of the viability of the oper- 18354(d)); (a) STATEMENT OF POLICY.—It is the policy ational business case, including— ‘‘(B) Federal funds are not transferred to of the United States to encourage the devel- (I) the level of expected Government par- the user under the contract; and opment of a thriving and robust United ticipation; ‘‘(C) the designated invention was made (as States commercial sector in low-Earth orbit. (II) a list of anticipated nongovernmental defined in section 20135(a))— (b) PREFERENCE FOR UNITED STATES COM- an international customers and associated ‘‘(i) solely by the user; or MERCIAL PRODUCTS AND SERVICES.—The Ad- contributions; and ‘‘(ii)(I) by the user with the services of a ministrator shall continue to increase the (III) an assessment of long-term sustain- Federal employee under the terms of the use of assets, products, and services of pri- ability for the nongovernmental customers, contract; and vate entities in the United States to fulfill including an independent assessment of the ‘‘(II) the Administration is reimbursed for the low-Earth orbit requirements of the Ad- viability of the market for such commercial such services under subparagraph (B); or ministration. services or products. ‘‘(2) the Administrator determines that the (c) NONCOMPETITION.— SEC. 212. MAINTAINING A NATIONAL LABORA- relevant field of commercial endeavor is suf- (1) IN GENERAL.—Except as provided in TORY IN SPACE. ficiently immature that granting exclusive paragraph (2), the Administrator may not (a) SENSE OF CONGRESS.—It is the sense of property rights to the user is necessary to offer to a foreign person or a foreign govern- Congress that— help bolster demand for products and serv- ment a spaceflight product or service relat- (1) the United States segment of the Inter- ices produced on crewed or crew-tended ing to the ISS, if a comparable spaceflight national Space Station (as defined in section space stations.

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‘‘(b) NOTIFICATION TO CONGRESS.—On com- close outside of the Government, any data products or services aboard the ISS, through pletion of a determination made under para- first produced in the performance of a des- the negotiation of agreements, similar to graph (2), the Administrator shall submit to ignated activity under a written contract agreements made by other Federal agencies the appropriate committees of Congress a with the Administration or the ISS manage- that support private sector innovation; and notification of the determination that in- ment entity, unless— (2) the amount of such costs that to be re- cludes a written justification. ‘‘(1) otherwise agreed under the terms of covered or profits collected through such ‘‘(c) PUBLIC AVAILABILITY.—A determina- the contract with the Administration or the agreements should be applied by the Admin- tion or part of such determination under ISS management entity, as applicable; istrator through a tiered process, taking into paragraph (1) shall be made available to the ‘‘(2) the designated activity is carried out consideration the relative maturity and prof- public on request, as required under section with Federal funds; itability of the applicable product or service. 552 of title 5, United States Code (commonly ‘‘(3) disclosure is required by law; (b) IN GENERAL.—Subchapter III of chapter referred to as the ‘Freedom of Information ‘‘(4) the Federal Government has rights in 201 of title 51, United States Code, as amend- Act’). the data under another Federal contract, ed by section 214, is further amended by add- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in grant, cooperative agreement, or other ing at the end the following: this section may be construed to affect the transaction; or ‘‘§ 20152. Payments received for commercial rights of the Federal Government, including ‘‘(5) the data is— space-enable production property rights in inventions, under any con- ‘‘(A) otherwise lawfully acquired or inde- ‘‘(a) ANNUAL REVIEW.— tract, except in the case of a written con- pendently developed by the Federal Govern- ‘‘(1) IN GENERAL.—Not later than one year tract with the Administration or the ISS ment; after the date of the enactment of this sec- management entity for the performance of a ‘‘(B) related to the health and safety of tion, and annually thereafter, the Adminis- designated activity. personnel on the ISS; or trator shall review the profitability of any ‘‘(e) DEFINITIONS.—In this section— ‘‘(C) essential to the performance of work partnership with a private entity under a ‘‘(1) CONTRACT.—The term ‘contract’ has by the ISS management entity or NASA per- contract in which the Administrator— the meaning giving the term in section sonnel. ‘‘(A) permits the use of the ISS by such 20135(a). ‘‘(b) DEFINITIONS.—In this section: private entities to produce a commercial ‘‘(2) DESIGNATED ACTIVITY.—The term ‘des- ‘‘(1) CONTRACT.—The term ‘contract’ has product or service; and ignated activity’ means any non-NASA sci- the meaning given the term under section ‘‘(B) provides the total unreimbursed cost entific use of the ISS national laboratory as 20135(a). of a contribution by the Federal Government described in section 504 of the National Aero- ‘‘(2) DATA.— for the use of Federal facilities, equipment, nautics and Space Administration Author- ‘‘(A) IN GENERAL.—The term ‘data’ means materials, proprietary information of the ization Act of 2010 (42 U.S.C. 18354). recorded information, regardless of form or Federal Government, or services of a Federal ‘‘(3) DESIGNATED INVENTION.—The term the media on which it may be recorded. employee during working hours, including ‘designated invention’ means any invention, ‘‘(B) INCLUSIONS.—The term ‘data’ includes the cost for the Administration to carry out product, or service conceived or first reduced technical data and computer software. its responsibilities under paragraphs (1) and to practice by any person in the performance ‘‘(C) EXCLUSIONS.—The term ‘data’ does not (4) of section 504(d) of the National Aero- of a designated activity under a written con- include information incidental to contract nautics and Space Administration Author- tract with the Administration or the ISS administration, such as financial, adminis- ization Act of 2010 (42 U.S.C. 18354(d)). management entity. trative, cost or pricing, or management in- ‘‘(2) NEGOTIATION OF REIMBURSEMENTS.— ‘‘(4) FULL COST.—The term ‘full cost’ means formation. Subject to the review described in paragraph the cost of transporting materials or pas- ‘‘(3) DESIGNATED ACTIVITY.—The term ‘des- (1), the Administrator shall seek to enter sengers to and from the ISS, including any ignated activity’ has the meaning given the into an agreement to negotiate reimburse- power needs, the disposal of mass, crew term in section 20150. ments for payments received, or portions of member time, stowage, power on the ISS, ‘‘(4) ISS MANAGEMENT ENTITY.—The term profits created, by any mature, profitable data downlink, crew consumables, and life ‘ISS management entity’ has the meaning private entity described in that paragraph, support. given the term in section 20150.’’. as appropriate, through a tiered process that ‘‘(5) GOVERNMENT-PURPOSE LICENSE.—The (b) SPECIAL HANDLING OF TRADE SECRETS reflects the profitability of the relevant term ‘Government-purpose license’ means OR CONFIDENTIAL INFORMATION.—Section product or service. the reservation by the Federal Government 20131(b)(2) of title 51, United States Code, is ‘‘(3) USE OF FUNDS.—Amounts received by of an irrevocable, nonexclusive, nontransfer- amended to read as follows: the Administrator in accordance with an able, royalty-free license for the use of an in- ‘‘(2) INFORMATION DESCRIBED.— agreement under paragraph (2) shall be used vention throughout the world by or on behalf ‘‘(A) ACTIVITIES UNDER AGREEMENT.—Infor- by the Administrator in the following order of the United States or any foreign govern- mation referred to in paragraph (1) is infor- of priority: ment pursuant to a treaty or agreement with mation that— ‘‘(A) To defray the operating cost of the the United States. ‘‘(i) results from activities conducted ISS. ‘‘(6) ISS MANAGEMENT ENTITY.—The term under an agreement entered into under sub- ‘‘(B) To develop, implement, or operate fu- ‘ISS management entity’ means the organi- sections (e) and (f) of section 20113; and ture low-Earth orbit platforms or capabili- zation with which the Administrator enters ‘‘(ii) would be a trade secret or commercial ties. into a cooperative agreement under section or financial information that is privileged or ‘‘(C) To develop, implement, or operate fu- 504(a) of the National Aeronautics and Space confidential within the meaning of section ture human deep space platforms or capabili- Administration Authorization Act of 2010 (42 552(b)(4) of title 5 if the information had been ties. U.S.C. 18354(a)). obtained from a non-Federal party partici- ‘‘(D) Any other costs the Administrator ‘‘(7) USER.—The term ‘user’ means a per- pating in such an agreement. considers appropriate. son, including a nonprofit organization or ‘‘(B) CERTAIN DATA.—Information referred ‘‘(4) REPORT.—On completion of the first small business firm (as such terms are de- to in paragraph (1) includes data (as defined annual review under paragraph (1), and annu- fined in section 201 of title 35), or class of in section 20151) that— ally thereafter, the Administrator shall sub- persons that enters into a written contract ‘‘(i) was first produced by the Administra- mit to the appropriate committees of Con- with the Administration or the ISS manage- tion in the performance of any designated gress a report that includes a description of ment entity for the performance of des- activity (as defined in section 20150); and the results of the annual review, any agree- ignated activities.’’. ‘‘(ii) would be a trade secret or commercial ment entered into under this section, and (b) CONFORMING AMENDMENT.—The table of or financial information that is privileged or the amounts recouped or obtained under any sections for chapter 201 of title 51, United confidential within the meaning of section such agreement. States Code, is amended by inserting after 552(b)(4) of title 5 if the data had been ob- ‘‘(b) LICENSING AND ASSIGNMENT OF INVEN- the item relating to section 20149 the fol- tained from a non-Federal party.’’. TIONS.—Notwithstanding sections 3710a and 3710c of title 15 and any other provision of lowing: (c) CONFORMING AMENDMENT.—The table of ‘‘20150. Property rights in designated inven- sections for chapter 201 of title 51, United law, after payment in accordance with sub- section (A)(i) of such section 3710c(a)(1)(A)(i) tions.’’. States Code, as amended by section 213, is to the inventors who have directly assigned further amended by inserting after the item SEC. 214. DATA FIRST PRODUCED DURING NON- to the Federal Government their interests in NASA SCIENTIFIC USE OF THE ISS relating to section 20150 the following: NATIONAL LABORATORY. an invention under a written contract with ‘‘20151. Data rights.’’. the Administration or the ISS management (a) DATA RIGHTS.—Subchapter III of chap- ter 201 of title 51, United States Code, as SEC. 215. PAYMENTS RECEIVED FOR COMMER- entity for the performance of a designated CIAL SPACE-ENABLED PRODUCTION activity, the balance of any royalty or other amended by section 213, is further amended ON THE ISS. payment received by the Administrator or by adding at the end the following: (a) SENSE OF CONGRESS.—It is the sense of the ISS management entity from licensing ‘‘§ 20151. Data rights Congress that— and assignment of such invention shall be ‘‘(a) NON-NASA SCIENTIFIC USE OF THE ISS (1) the Administrator should determine a paid by the Administrator or the ISS man- NATIONAL LABORATORY.—The Federal Gov- threshold for NASA to recover the costs of agement entity, as applicable, to the Space ernment may not use or reproduce, or dis- supporting the commercial development of Exploration Fund.

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‘‘(c) SPACE EXPLORATION FUND.— ‘‘(3) establish an outpost in orbit around (2) in paragraph (4)(C), by striking ‘‘EM–3’’ ‘‘(1) ESTABLISHMENT.—There is established the Moon that— and inserting ‘‘Artemis III’’. in the Treasury of the United States a fund, ‘‘(A) demonstrates technologies, systems, TITLE III—SCIENCE to be known as the ‘Space Exploration Fund’ and operational concepts directly applicable SEC. 301. SCIENCE PRIORITIES. (referred to in this subsection as the ‘Fund’), to the space vehicle that will be used to (a) SENSE OF CONGRESS ON SCIENCE PORT- to be administered by the Administrator. transport humans to Mars; FOLIO.—Congress reaffirms the sense of Con- ‘‘(2) USE OF FUND.—The Fund shall be ‘‘(B) has the capability for periodic human gress that— available to carry out activities described in habitation; and (1) a balanced and adequately funded set of subsection (a)(3). ‘‘(C) can function as a point of departure, activities, consisting of research and anal- ‘‘(3) DEPOSITS.—There shall be deposited in return, or staging for Administration or non- ysis grant programs, technology develop- the Fund— governmental or international partner mis- ment, suborbital research activities, and ‘‘(A) amounts appropriated to the Fund; sions to multiple locations on the lunar sur- small, medium, and large space missions, ‘‘(B) fees and royalties collected by the Ad- face or other destinations. contributes to a robust and productive ‘‘(c) COST-EFFECTIVENESS.—To maximize ministrator or the ISS management entity science program and serves as a catalyst for the cost-effectiveness of the long-term space under subsections (a) and (b); and innovation and discovery; and exploration and utilization activities of the ‘‘(C) donations or contributions designated (2) the Administrator should set science United States, the Administrator shall take to support authorized activities. priorities by following the guidance provided all necessary steps, including engaging non- ‘‘(4) RULE OF CONSTRUCTION.—Amounts by the scientific community through the governmental and international partners, to available to the Administrator under this decadal surveys of the National Academies of subsection shall be— ensure that activities in the Administra- tion’s human space exploration program are Sciences, Engineering, and Medicine. ‘‘(A) in addition to amounts otherwise (b) NATIONAL ACADEMIES DECADAL SUR- balanced in order to help meet the require- made available for the purpose described in VEYS.—Section 20305(c) of title 51, United ments of future exploration and utilization paragraph (2); and States Code, is amended— activities leading to human habitation on ‘‘(B) available for a period of 5 years, to the (1) by striking ‘‘The Administrator shall’’ the surface of Mars. extent and in the amounts provided in an- and inserting the following: ‘‘(d) COMPLETION.—Within budgetary con- nual appropriation Acts. ‘‘(1) REEXAMINATION OF PRIORITIES BY NA- ‘‘(d) DEFINITIONS.— siderations, once an exploration-related TIONAL ACADEMIES.—The Administrator ‘‘(1) IN GENERAL.—In this section, any term project enters its development phase, the Ad- ministrator shall seek, to the maximum ex- shall’’; and used in this section that is also used in sec- (2) by adding at the end the following: tion 20150 shall have the meaning given the tent practicable, to complete that project ‘‘(2) REEXAMINATION OF PRIORITIES BY AD- term in that section. without undue delay. ‘‘(e) INTERNATIONAL PARTICIPATION.—To MINISTRATOR.—If the Administrator decides ‘‘(2) APPROPRIATE COMMITTEES OF CON- to reexamine the applicability of the prior- GRESS.—The term ‘appropriate committees achieve the goal of successfully conducting a crewed mission to the surface of Mars, the ities of the decadal surveys to the missions of Congress’ means— and activities of the Administration due to ‘‘(A) the Committee on Commerce, Administrator shall invite the partners in the ISS program and other nations, as appro- scientific discoveries or external factors, the Science, and Transportation and the Com- Administrator shall consult with the rel- mittee on Appropriations of the Senate; and priate, to participate in an international ini- tiative under the leadership of the United evant committees of the National Acad- ‘‘(B) the Committee on Science, Space, and emies.’’. Technology and the Committee on Appro- States.’’. SEC. 302. LUNAR DISCOVERY PROGRAM. priations of the House of Representatives.’’. (b) DEFINITION OF CISLUNAR SPACE.—Sec- (a) IN GENERAL.—The Administrator may (c) CONFORMING AMENDMENT.—The table of tion 10101 of title 51, United States Code, is sections for chapter 201 of title 51, United amended by adding at the end the following: carry out a program to conduct lunar science States Code, as amended by section and 214, ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar research, including missions to the surface of is further amended by inserting after the space’ means the region of space beyond low- the Moon, that materially contributes to the item relating to section 20151 the following: Earth orbit out to and including the region objective described in section 20102(d)(1) of around the surface of the Moon.’’. title 51, United States Code. ‘‘20152. Payments received for commercial (c) TECHNICAL AND CONFORMING AMEND- (b) COMMERCIAL LANDERS.—In carrying out space-enabled production.’’. MENTS.—Section 3 of the National Aero- the program under subsection (a), the Ad- SEC. 216. STEPPING STONE APPROACH TO EX- nautics and Space Administration Author- ministrator shall procure the services of PLORATION. ization Act of 2010 (42 U.S.C. 18302) is amend- commercial landers developed primarily by (a) IN GENERAL.—Section 70504 of title 51, ed by striking paragraphs (2) and (3) and in- United States industry to land science pay- United States Code, is amended to read as serting the following: loads of all classes on the lunar surface. follows: ‘‘(2) APPROPRIATE COMMITTEES OF CON- (c) LUNAR SCIENCE RESEARCH.—The Admin- ‘‘§ 70504. Stepping stone approach to explo- GRESS.—The term ‘appropriate committees istrator shall ensure that lunar science re- ration of Congress’ means— search carried out under subsection (a) is ‘‘(a) IN GENERAL.—The Administrator, in ‘‘(A) the Committee on Commerce, consistent with recommendations made by sustainable steps, may conduct missions to Science, and Transportation of the Senate; the National Academies of Sciences, Engi- intermediate destinations, such as the Moon, and neering, and Medicine. in accordance with section 20302(b), and on a ‘‘(B) the Committee on Science, Space, and (d) LUNAR POLAR VOLATILES.—In carrying timetable determined by the availability of Technology of the House of Representatives. out the program under subsection (a), the funding, in order to achieve the objective of ‘‘(3) CISLUNAR SPACE.—The term ‘cislunar Administrator shall, at the earliest oppor- human exploration of Mars specified in sec- space’ means the region of space beyond low- tunity, consider mission proposals to evalu- tion 202(b)(5) of the National Aeronautics Earth orbit out to and including the region ate the potential of lunar polar volatiles to and Space Administration Authorization Act around the surface of the Moon.’’. contribute to sustainable lunar exploration. of 2010 (42 U.S.C. 18312(b)(5)), if the Adminis- SEC. 217. TECHNICAL AMENDMENTS RELATING SEC. 303. SEARCH FOR LIFE. trator— TO ARTEMIS MISSIONS. (a) SENSE OF CONGRESS.—It is the sense of ‘‘(1) determines that each such mission (a) Section 421 of the National Aeronautics Congress that— demonstrates or advances a technology or and Space Administration Authorization Act (1) the report entitled ‘‘An Astrobiology operational concept that will enable human of 2017 (Public Law 115–10; 51 U.S.C. 20301 Strategy for the Search for Life in the Uni- missions to Mars; and note) is amended— verse’’ published by the National Academies ‘‘(2) incorporates each such mission into (1) in subsection (c)(3)— of Sciences, Engineering, and Medicine out- the human exploration roadmap under sec- (A) by striking ‘‘EM–1’’ and inserting lines the key scientific questions and meth- tion 432 of the National Aeronautics and ‘‘Artemis I’’; ods for fulfilling the objective of NASA to Space Administration Transition Authoriza- (B) by striking ‘‘EM–2’’ and inserting search for the origin, evolution, distribution, tion Act of 2017 (Public Law 115–10; 51 U.S.C. ‘‘Artemis II’’; and and future of life in the universe; and 20302 note). (C) by striking ‘‘EM–3’’ and inserting (2) the interaction of lifeforms with their ‘‘(b) CISLUNAR SPACE EXPLORATION ACTIVI- ‘‘Artemis III’’; and environment, a central focus of astrobiology TIES.—In conducting a mission under sub- (2) in subsection (f)(3), by striking ‘‘EM–3’’ research, is a topic of broad significance to section (a), the Administrator shall— and inserting ‘‘Artemis III’’. life sciences research in space and on Earth. ‘‘(1) use a combination of launches of the (b) Section 432(b) of the National Aero- (b) PROGRAM CONTINUATION.— Space Launch System and space transpor- nautics and Space Administration Author- (1) IN GENERAL.—The Administrator shall tation services from United States commer- ization Act of 2017 (Public Law 115–10; 51 continue to implement a collaborative, mul- cial providers, as appropriate, for the mis- U.S.C. 20302 note) is amended— tidisciplinary science and technology devel- sion; (1) in paragraph (3)(D)— opment program to search for proof of the ‘‘(2) plan for not fewer than 1 Space (A) by striking ‘‘EM–1’’ and inserting existence or historical existence of life be- Launch System launch annually beginning ‘‘Artemis I’’; and yond Earth in support of the objective de- after the first successful crewed launch of (B) by striking ‘‘EM–2’’ and inserting scribed in section 20102(d)(10) of title 51, Orion on the Space Launch System; and ‘‘Artemis II’’; and United States Code.

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(2) ELEMENT.—The program under para- scientific productivity based on the re- (b) PROGRAM CONTINUATION.— graph (1) shall include activities relating to sources invested. (1) IN GENERAL.—In support of the goals de- astronomy, biology, geology, and planetary SEC. 306. STUDY ON SATELLITE SERVICING FOR scribed in section 20302 of title 51, United science. SCIENCE MISSIONS. States Code, the Administrator shall con- (3) COORDINATION WITH LIFE SCIENCES PRO- (a) IN GENERAL.—The Administrator shall tinue to implement a collaborative, multi- GRAM.—In carrying out the program under conduct a study on the feasibility of using disciplinary life science and physical science paragraph (1), the Administrator shall co- in-space robotic refueling, repair, or refur- fundamental research program— ordinate efforts with the life sciences pro- bishment capabilities to extend the useful (A) to build a scientific foundation for the gram of the Administration. life of telescopes and other science missions exploration and development of space; (4) TECHNOSIGNATURES.—In carrying out that are operational or in development as of (B) to investigate the mechanisms of the program under paragraph (1), the Admin- the date of the enactment of this Act. changes to biological systems and physical istrator shall support activities to search for (b) ELEMENTS.—The study conducted under systems, and the environments of those sys- and analyze technosignatures. subsection (a) shall include the following: tems in space, including the effects of long- (5) INSTRUMENTATION AND SENSOR TECH- (1) An identification of the technologies duration exposure to deep space-related envi- NOLOGY.—In carrying out the program under and in-space testing required to demonstrate ronmental factors on those systems; paragraph (1), the Administrator may strate- the in-space robotic refueling, repair, or re- (C) to understand the effects of combined gically invest in the development of new in- furbishment capabilities described in that deep space radiation and altered gravity lev- strumentation and sensor technology. subsection. els on biological systems so as to inform the SEC. 304. JAMES WEBB SPACE TELESCOPE. (2) The projected cost of using such capa- development and testing of potential coun- (a) SENSE OF CONGRESS.—It is the sense of bilities, including the cost of extended oper- termeasures; Congress that— ations for science missions described in that (D) to understand physical phenomena in (1) the James Webb Space Telescope will be subsection. reduced gravity that affect design and per- the next premier observatory in space and (c) BRIEFING.—Not later than 1 year after formance of enabling technologies necessary has great potential to further scientific the date of the enactment of this Act, the for the space exploration program; study and assist scientists in making new Administrator shall provide to the appro- (E) to provide scientific opportunities to discoveries in the field of astronomy; priate committees of Congress a briefing on educate, train, and develop the next genera- (2) the James Webb Space Telescope was the results of the study conducted under sub- tion of researchers and engineers; and developed as an ambitious project with a section (a). (F) to provide state-of-the-art data reposi- scope that was not fully defined at inception (d) PUBLIC AVAILABILITY.—Not later than tories and curation of large multi-data sets and with risk that was not fully known or 30 days after the Administrator provides the to enable comparative research analyses. understood; briefing under subsection (c), the Adminis- (2) ELEMENTS.—The program under para- (3) despite the major technology develop- trator shall make the study conducted under graph (1) shall— ment and innovation that was needed to con- subsection (a) available to the public. (A) include fundamental research relating struct the James Webb Space Telescope, SEC. 307. EARTH SCIENCE MISSIONS AND PRO- to life science, space bioscience, and physical major negative impacts to the cost and GRAMS. science; and schedule of the James Webb Space Telescope (a) SENSE OF CONGRESS.—It is the sense of (B) maximize intra-agency and interagency resulted from poor program management and Congress that the Earth Science Division of partnerships to advance space exploration, poor contractor performance; NASA plays an important role in national ef- scientific knowledge, and benefits to Earth. (4) the Administrator should take into ac- forts— (3) USE OF FACILITIES.—In carrying out the count the lessons learned from the cost and (1) to collect and use Earth observations in program under paragraph (1), the Adminis- schedule issues relating to the development service to society; and trator may use ground-based, air-based, and of the James Webb Space Telescope in mak- (2) to understand global change. space-based facilities in low-Earth orbit and ing decisions regarding the scope of and the (b) EARTH SCIENCE MISSIONS AND PRO- beyond low-Earth orbit. technologies needed for future scientific mis- GRAMS.—With respect to the missions and SEC. 309. SCIENCE MISSIONS TO MARS. sions; and programs of the Earth Science Division, the (a) IN GENERAL.—The Administrator shall (5) in selecting future scientific missions, Administrator shall, to the maximum extent conduct 1 or more science missions to Mars the Administrator should take into account practicable, follow the recommendations and to enable the selection of 1 or more sites for the impact that large programs that overrun guidance provided by the scientific commu- human landing. cost and schedule estimates may have on nity through the decadal survey for Earth (b) SAMPLE PROGRAM.—The Administrator other NASA programs in earlier phases of de- science and applications from space of the may carry out a program— velopment. National Academies of Sciences, Engineer- (1) to collect samples from the surface of (b) PROJECT CONTINUATION.—The Adminis- ing, and Medicine, including— Mars; and trator shall continue— (1) the science priorities described in such (2) to return such samples to Earth for sci- (1) to closely track the cost and schedule survey; entific analysis. performance of the James Webb Space Tele- (2) the execution of the series of existing or (c) USE OF EXISTING CAPABILITIES AND AS- scope project; and previously planned observations (commonly SETS.—In carrying out this section, the Ad- (2) to improve the reliability of cost esti- known as the ‘‘program of record’’); and ministrator shall, to the maximum extent mates and contractor performance data (3) the development of a range of missions practicable, use existing capabilities and as- throughout the remaining development of of all classes, including opportunities for sets of NASA centers. the James Webb Space Telescope. principal investigator-led, competitively se- SEC. 310. PLANETARY DEFENSE COORDINATION (c) REVISED ESTIMATE.—Due to delays to lected missions. OFFICE. the James Webb Space Telescope project re- SEC. 308. LIFE SCIENCE AND PHYSICAL SCIENCE (a) FINDINGS.—Congress makes the fol- sulting from the COVID–19 pandemic, the RESEARCH. lowing findings: Administrator shall provide to Congress— (a) SENSE OF CONGRESS.—It is the sense of (1) Near-Earth objects remain a threat to (1) an estimate of any increase to program Congress that— the United States. development costs, if such costs are antici- (1) the 2011 decadal survey on biological (2) Section 321(d)(1) of the National Aero- pated to exceed $8,802,700,000; and and physical sciences in space identifies— nautics and Space Administration Author- (2) an estimate for a revised launch date. (A) many areas in which fundamental sci- ization Act of 2005 (Public Law 109–155; 119 SEC. 305. WIDE-FIELD INFRARED SURVEY TELE- entific research is needed to efficiently ad- Stat. 2922; 51 U.S.C. 71101 note prec.) estab- SCOPE. vance the range of human activities in space, lished a requirement that the Administrator (a) SENSE OF CONGRESS.—It is the sense of from the first stages of exploration to even- plan, develop, and implement a Near-Earth Congress that— tual economic development; and Object Survey program to detect, track, (1) major growth in the cost of astro- (B) many areas of basic and applied sci- catalogue, and characterize the physical physics flagship-class missions has impacted entific research that could use the micro- characteristics of near-Earth objects equal the overall portfolio balance of the Science gravity, radiation, and other aspects of the to or greater than 140 meters in diameter in Mission Directorate; and spaceflight environment to answer funda- order to assess the threat of such near-Earth (2) the Administrator should continue to mental scientific questions; objects to the Earth, with the goal of 90-per- develop the Wide-Field Infrared Survey Tele- (2) given the central role of life science and cent completion of the catalogue of such scope with a development cost of not more physical science research in developing the near-Earth objects by December 30, 2020. than $3,200,000,000. future of space exploration, NASA should (3) The current planetary defense strategy (b) PROJECT CONTINUATION.—The Adminis- continue to invest strategically in such re- of NASA acknowledges that such goal will trator shall continue to develop the Wide- search to maintain United States leadership not be met. Field Infrared Survey Telescope to meet the in space exploration; and (4) The report of the National Academies of objectives outlined in the 2010 decadal survey (3) such research remains important to the Sciences, Engineering, and Medicine entitled on astronomy and astrophysics of the Na- objectives of NASA with respect to long-du- ‘‘Finding Hazardous Asteroids Using Infrared tional Academies of Sciences, Engineering, ration deep space human exploration to the and Visible Wavelength Telescopes’’ issued and Medicine in a manner that maximizes Moon and Mars. in 2019 states that—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7817 (A) NASA cannot accomplish such goal ‘‘(5) A description of the status of efforts to (B) improving model development, data as- with currently available assets; coordinate and cooperate with other coun- similation techniques, systems architecture (B) NASA should develop and launch a tries to discover hazardous asteroids and integration, and computational efficiencies; dedicated space-based infrared survey tele- comets, plan a mitigation strategy, and im- and scope to meet the requirements of section plement that strategy in the event of the (3) meets basic end-user requirements for 321(d)(1) of the National Aeronautics and discovery of an object on a likely collision running on public computers and networks Space Administration Authorization Act of course with Earth. located outside of secure Administration in- 2005 (Public Law 109–155; 119 Stat. 2922; 51 ‘‘(6) A summary of expenditures for all ac- formation and technology systems. U.S.C. 71101 note prec.); and tivities carried out by the Planetary Defense (c) HOSTING.—The program under sub- (C) the early detection of potentially haz- Coordination Office since the date of enact- section (b) shall use, as appropriate and cost- ardous near-Earth objects enabled by a ment of the National Aeronautics and Space effective, innovative strategies and methods space-based infrared survey telescope is im- Administration Authorization Act of 2020.’’. for hosting and management of part or all of portant to enable deflection of a dangerous (d) LIMITATION ON USE OF FUNDS.—None of the program, including cloud-based com- asteroid. the amounts authorized to be appropriated puting capabilities. (b) ESTABLISHMENT OF PLANETARY DEFENSE by this Act for a fiscal year may be obligated (d) RULE OF CONSTRUCTION.—Nothing in COORDINATION OFFICE.— or expended for the Office of the Adminis- this section shall be interpreted to require (1) IN GENERAL.—Not later than 90 days trator during the last 3 months of that fiscal the Administrator to release classified, pro- after the date of the enactment of this Act, year unless the Administrator submits the prietary, or otherwise restricted information the Administrator shall establish an office report for that fiscal year required by sec- that would be harmful to the national secu- within the Planetary Science Division of the tion 321(f) of the National Aeronautics and rity of the United States. Science Mission Directorate, to be known as Space Administration Authorization Act of SEC. 313. SENSE OF CONGRESS ON SMALL SAT- the ‘‘Planetary Defense Coordination Of- 2005 (Public Law 109–155; 119 Stat. 2922; 51 ELLITE SCIENCE. fice’’, to plan, develop, and implement a pro- U.S.C. 71101 note prec.). It is the sense of Congress that— gram to survey threats posed by near-Earth (e) NEAR-EARTH OBJECT DEFINED.—In this (1) small satellites— objects equal to or greater than 140 meters in section, the term ‘‘near-Earth object’’ means (A) are increasingly robust, effective, and diameter, as required by section 321(d)(1) of an asteroid or comet with a perihelion dis- affordable platforms for carrying out space the National Aeronautics and Space Admin- tance of less than 1.3 Astronomical Units science missions; istration Authorization Act of 2005 (Public from the Sun. (B) can work in tandem with or augment Law 109–155; 119 Stat. 2922; 51 U.S.C. 71101 SEC. 311. SUBORBITAL SCIENCE FLIGHTS. larger NASA spacecraft to support high-pri- note prec.). (a) SENSE OF CONGRESS.—It is the sense of ority science missions of NASA; and (2) ACTIVITIES.—The Administrator shall— Congress that commercially available sub- (C) are cost effective solutions that may (A) develop and, not later than September orbital flight platforms enable low-cost ac- allow NASA to continue collecting legacy 30, 2025, launch a space-based infrared survey cess to a microgravity environment to ad- observations while developing next-genera- telescope that is capable of detecting near- vance science and train scientists and engi- tion science missions; and Earth objects equal to or greater than 140 neers under the Suborbital Research Pro- (2) NASA should continue to support small meters in diameter, with preference given to gram established under section 802(c) of the satellite research, development, tech- planetary missions selected by the Adminis- National Aeronautics and Space Administra- nologies, and programs, including tech- trator as of the date of the enactment of this tion Authorization Act of 2010 (42 U.S.C. nologies for compact and lightweight instru- Act to pursue concept design studies relating 18382(c)). mentation for small satellites. to the development of a space-based infrared (b) REPORT.— SEC. 314. SENSE OF CONGRESS ON COMMERCIAL SPACE SERVICES. survey telescope; (1) IN GENERAL.—Not later than 270 days (B) identify, track, and characterize poten- after the date of the enactment of this Act, It is the sense of Congress that— tially hazardous near-Earth objects and issue the Administrator shall submit to the appro- (1) the Administration should explore part- warnings of the effects of potential impacts priate committees of Congress a report eval- nerships with the commercial space industry of such objects; and uating the manner in which suborbital flight for space science missions in and beyond (C) assist in coordinating Government platforms can contribute to meeting the Earth orbit, including partnerships relating planning for response to a potential impact science objectives of NASA for the Science to payload and instrument hosting and com- of a near-Earth object. Mission Directorate and the Human Explo- mercially available datasets; and (2) such partnerships could result in in- (c) ANNUAL REPORT.—Section 321(f) of the ration and Operations Mission Directorate. National Aeronautics and Space Administra- (2) CONTENTS.—The report required by creased mission cadence, technology ad- tion Authorization Act of 2005 (Public Law paragraph (1) shall include the following: vancement, and cost savings for the Admin- 109–155; 119 Stat. 2922; 51 U.S.C. 71101 note (A) An assessment of the advantages of istration. prec.) is amended to read as follows: suborbital flight platforms to meet science SEC. 315. PROCEDURES FOR IDENTIFYING AND ADDRESSING ALLEGED VIOLATIONS NNUAL EPORT objectives. ‘‘(f) A R .—Not later than 180 OF SCIENTIFIC INTEGRITY POLICY. (B) An evaluation of the challenges to days after the date of the enactment of the Not later than 180 days after the date of greater use of commercial suborbital flight National Aeronautics and Space Administra- the enactment of this Act, the Adminis- platforms for science purposes. tion Authorization Act of 2020, and annually trator shall develop and document proce- (C) An analysis of whether commercial thereafter through 90-percent completion of dures for identifying and addressing alleged suborbital flight platforms can provide low- the catalogue required by subsection (d)(1), violations of the scientific integrity policy cost flight opportunities to test lunar and the Administrator shall submit to the Com- of NASA. mittee on Commerce, Science, and Transpor- Mars science payloads. TITLE IV—AERONAUTICS tation of the Senate and the Committee on SEC. 312. EARTH SCIENCE DATA AND OBSERVA- Science, Space, and Technology of the House TIONS. SEC. 401. SHORT TITLE. of Representatives a report that includes the (a) IN GENERAL.—The Administrator shall This title may be cited as the ‘‘Aero- following: to the maximum extent practicable, make nautics Innovation Act’’. ‘‘(1) A summary of all activities carried available to the public in an easily accessible SEC. 402. DEFINITIONS. out by the Planetary Defense Coordination electronic database all data (including In this title: Office established under section 310(b)(1) of metadata, documentation, models, data (1) AERONAUTICS STRATEGIC IMPLEMENTA- the National Aeronautics and Space Admin- processing methods, images, and research re- TION PLAN.—The term ‘‘Aeronautics Stra- istration Authorization Act of 2020 since the sults) of the missions and programs of the tegic Implementation Plan’’ means the Aero- date of enactment of that Act. Earth Science Division of the Administra- nautics Strategic Implementation Plan ‘‘(2) A description of the progress with re- tion, or any successor division. issued by the Aeronautics Research Mission spect to the design, development, and launch (b) OPEN DATA PROGRAM.—In carrying out Directorate. of the space-based infrared survey telescope subsection (a), the Administrator shall es- (2) UNMANNED AIRCRAFT; UNMANNED AIR- required by section 310(b)(2)(A) of the Na- tablish and continue to operate an open data CRAFT SYSTEM.—The terms ‘‘unmanned air- tional Aeronautics and Space Administra- program that— craft’’ and ‘‘unmanned aircraft system’’ have tion Authorization Act of 2020. (1) is consistent with the greatest degree of the meanings given those terms in section ‘‘(3) An assessment of the progress toward interactivity, interoperability, and accessi- 44801 of title 49, United States Code. meeting the requirements of subsection bility; and (3) X-PLANE.—The term ‘‘X-plane’’ means (d)(1). (2) enables outside communities, including an experimental aircraft that is— ‘‘(4) A description of the status of efforts to the research and applications community, (A) used to test and evaluate a new tech- coordinate planetary defense activities in re- private industry, academia, and the general nology or aerodynamic concept; and sponse to a threat posed by a near-Earth ob- public, to effectively collaborate in areas im- (B) operated by NASA or the Department ject with other Federal agencies since the portant to— of Defense. date of enactment of the National Aero- (A) studying the Earth system and improv- SEC. 403. EXPERIMENTAL AIRCRAFT PROJECTS. nautics and Space Administration Author- ing the prediction of Earth system change; (a) SENSE OF CONGRESS.—It is the sense of ization Act of 2020. and Congress that—

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7818 CONGRESSIONAL RECORD — SENATE December 18, 2020 (1) developing high-risk, precompetitive pulsion, composites, and other technologies Advanced Materials and Structures Center of aerospace technologies for which there is not that enable significant increases in energy Excellence of the Federal Aviation Adminis- yet a profit rationale is a fundamental role efficiency and reduced life-cycle emissions in tration, the Manufacturing USA institutes of of NASA; the aviation system while reducing noise and the Department of Commerce, and national (2) large-scale piloted flight test experi- emissions. laboratories, as the Administrator considers mentation and validation are necessary for— (C) A series of large-scale X-plane dem- appropriate; (A) transitioning new technologies and ma- onstrators that are— (C) provide a structure for managing intel- terials, including associated manufacturing (i) developed sequentially or in parallel; lectual property generated by the program processes, for general aviation, commercial and based on or consistent with the structure es- aviation, and military aeronautics use; and (ii) each based on a set of new configura- tablished for the Advanced Composites Con- (B) capturing the full extent of benefits tion concepts or technologies determined by sortium of NASA; from investments made by the Aeronautics the Administrator to demonstrate— (D) ensure adequate Federal cost share for Research Mission Directorate in priority (I) aircraft and propulsion concepts and applicable research; and programs called for in— technologies and related advances in alter- (E) coordinate with advanced manufac- (i) the National Aeronautics Research and native propulsion and energy; and turing and composites initiatives in other Development Plan issued by the National (II) flight propulsion concepts and tech- mission directorates of NASA, as the Admin- Science and Technology Council in February nologies. istrator considers appropriate. 2010; (2) ELEMENTS.—For each project under (e) RESEARCH PARTNERSHIPS.—In carrying (ii) the NASA 2014 Strategic Plan; paragraph (1), the Administrator shall— out the projects under subsection (c) and a (iii) the Aeronautics Strategic Implemen- (A) include the development of X-planes program under subsection (d), the Adminis- tation Plan; and and all necessary supporting flight test as- trator may engage in cooperative research (iv) any updates to the programs called for sets; programs with— in the plans described in clauses (i) through (B) pursue a robust technology maturation (1) academia; and (iii); and flight test validation effort; (2) commercial aviation and aerospace (3) a level of funding that adequately sup- (C) improve necessary facilities, flight manufacturers. ports large-scale piloted flight test experi- testing capabilities, and computational tools SEC. 404. UNMANNED AIRCRAFT SYSTEMS. mentation and validation, including related to support the project; (a) UNMANNED AIRCRAFT SYSTEMS OPER- infrastructure, should be ensured over a sus- (D) award any primary contracts for de- ATION PROGRAM.—The Administrator shall— tained period of time to restore the capacity sign, procurement, and manufacturing to (1) research and test capabilities and con- of NASA— United States persons, consistent with inter- cepts, including unmanned aircraft systems (A) to see legacy priority programs national obligations and commitments; communications, for integrating unmanned through to completion; and (E) coordinate research and flight test (B) to achieve national economic and secu- demonstration activities with other Federal aircraft systems into the national airspace rity objectives; and agencies and the United States aviation system; (4) NASA should not be directly involved in community, as the Administrator considers (2) leverage the partnership NASA has with the Type Certification of aircraft for current appropriate; and industry focused on the advancement of and future scheduled commercial air service (F) ensure that the project is aligned with technologies for future air traffic manage- under part 121 or 135 of title 14, Code of Fed- the Aeronautics Strategic Implementation ment systems for unmanned aircraft sys- eral Regulations, that would result in reduc- Plan and any updates to the Aeronautics tems; and tions in crew augmentation or single pilot or Strategic Implementation Plan. (3) continue to align the research and test- autonomously operated aircraft. (3) UNITED STATES PERSON DEFINED.—In this ing portfolio of NASA to inform the integra- (b) STATEMENT OF POLICY.—It is the policy subsection, the term ‘‘United States person’’ tion of unmanned aircraft systems into the of the United States— means— national airspace system, consistent with (1) to maintain world leadership in— (A) a United States citizen or an alien law- public safety and national security objec- (A) military and civilian aeronautical fully admitted for permanent residence to tives. science and technology; the United States; or (b) SENSE OF CONGRESS ON COORDINATION (B) global air power projection; and (B) an entity organized under the laws of WITH FEDERAL AVIATION ADMINISTRATION.—It (C) aerospace industrialization; and the United States or of any jurisdiction is the sense of Congress that— (2) to maintain as a fundamental objective within the United States, including a foreign (1) NASA should continue— of NASA aeronautics research the steady branch of such an entity. (A) to coordinate with the Federal Avia- progression and expansion of flight research (d) ADVANCED MATERIALS AND MANUFAC- tion Administration on research on air traf- and capabilities, including the science and TURING TECHNOLOGY PROGRAM.— fic management systems for unmanned air- technology of critical underlying disciplines (1) IN GENERAL.—The Administrator may craft systems; and and competencies, such as— establish an advanced materials and manu- (B) to assist the Federal Aviation Adminis- (A) computational-based analytical and facturing technology program— tration in the integration of air traffic man- predictive tools and methodologies; (A) to develop— agement systems for unmanned aircraft sys- (B) aerothermodynamics; (i) new materials, including composite and tems into the national airspace system; and (C) propulsion; high-temperature materials, from base mate- (2) the test ranges (as defined in section (D) advanced materials and manufacturing rial formulation through full-scale struc- 44801 of title 49, United States Code) should processes; tural validation and manufacture; continue to be leveraged for research on— (E) high-temperature structures and mate- (ii) advanced materials and manufacturing (A) air traffic management systems for un- rials; and processes, including additive manufacturing, manned aircraft systems; and (F) guidance, navigation, and flight con- to reduce the cost of manufacturing scale-up (B) the integration of such systems into trols. and certification for use in general aviation, the national airspace system. (c) ESTABLISHMENT AND CONTINUATION OF X- commercial aviation, and military aero- SEC. 405. 21ST CENTURY AERONAUTICS CAPA- PLANE PROJECTS.— nautics; and BILITIES INITIATIVE. (1) IN GENERAL.—The Administrator shall (iii) noninvasive or nondestructive tech- (a) IN GENERAL.—The Administrator may establish or continue to implement, in a niques for testing or evaluating aviation and establish an initiative, to be known as the manner that is consistent with the roadmap aeronautics structures, including for mate- ‘‘21st Century Aeronautics Capabilities Ini- for supersonic aeronautics research and de- rials and manufacturing processes; tiative’’, within the Construction and Envi- velopment required by section 604(b) of the (B) to reduce the time it takes to design, ronmental Compliance and Restoration Ac- National Aeronautics and Space Administra- industrialize, and certify advanced materials count, to ensure that NASA possesses the in- tion Transition Authorization Act of 2017 and manufacturing processes; frastructure and capabilities necessary to (Public Law 115–10; 131 Stat. 55), the fol- (C) to provide education and training op- conduct proposed flight demonstration lowing projects: portunities for the aerospace workforce; and projects across the range of NASA aero- (A) A low-boom supersonic aircraft project (D) to address global cost and human cap- nautics interests. to demonstrate supersonic aircraft designs ital competitiveness for United States aero- (b) ACTIVITIES.—In carrying out the 21st and technologies that— nautical industries and technological leader- Century Aeronautics Capabilities Initiative, (i) reduce sonic boom noise; and ship in advanced materials and manufac- the Administrator may carry out the fol- (ii) assist the Administrator of the Federal turing technology. lowing activities: Aviation Administration in enabling— (2) ELEMENTS.—In carrying out a program (1) Any investments the Administrator (I) the safe commercial deployment of civil under paragraph (1), the Administrator considers necessary to upgrade and create fa- supersonic aircraft technology; and shall— cilities for civil and national security aero- (II) the safe and efficient operation of civil (A) build on work that was carried out by nautics research to support advancements supersonic aircraft. the Advanced Composites Project of NASA; in— (B) A subsonic flight demonstrator aircraft (B) partner with the private and academic (A) long-term foundational science and project to advance high-aspect-ratio, thin- sectors, such as members of the Advanced technology; wing aircraft designs and to integrate pro- Composites Consortium of NASA, the Joint (B) advanced aircraft systems;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7819 (C) air traffic management systems; (C) include partnerships with universities (3) deorbiting capabilities designed specifi- (D) fuel efficiency; and industry to accomplish research goals; cally for smaller spacecraft. (E) electric propulsion technologies; and (b) ACCOMMODATION OF CERTAIN PAY- (F) system-wide safety assurance; (D) maximize public-private use of com- LOADS.—In carrying out the Small Space- (G) autonomous aviation; and mercially available platforms for hosting re- craft Technology Program, the Adminis- (H) supersonic and hypersonic aircraft de- search and development flight projects. trator shall, as the mission risk posture and sign and development. TITLE V—SPACE TECHNOLOGY technology development objectives allow, ac- (2) Any measures the Administrator con- commodate science payloads that further the SEC. 501. SPACE TECHNOLOGY MISSION DIREC- siders necessary to support flight testing ac- TORATE. goal of long-term human exploration to the tivities, including— (a) SENSE OF CONGRESS.—It is the sense of Moon and Mars. (A) continuous refinement and develop- Congress that an independent Space Tech- SEC. 504. NUCLEAR PROPULSION TECHNOLOGY. ment of free-flight test techniques and meth- nology Mission Directorate is critical to en- (a) SENSE OF CONGRESS.—It is the sense of odologies; suring continued investments in the develop- Congress that nuclear propulsion is critical (B) upgrades and improvements to real- ment of technologies for missions across the to the development of advanced spacecraft time tracking and data acquisition; and portfolio of NASA, including science, aero- for civilian and national defense purposes. (C) such other measures relating to aero- nautics, and human exploration. (b) DEVELOPMENT; STUDIES.—The Adminis- nautics research support and modernization (b) SPACE TECHNOLOGY MISSION DIREC- trator shall, in coordination with the Sec- as the Administrator considers appropriate TORATE.—The Administrator shall maintain retary of Energy and the Secretary of De- to carry out the scientific study of the prob- a Space Technology Mission Directorate con- fense— lems of flight, with a view to practical solu- sistent with section 702 of the National Aero- (1) continue to develop the fuel element de- tions for such problems. nautics and Space Administration Transi- sign for NASA nuclear propulsion tech- SEC. 406. SENSE OF CONGRESS ON ON-DEMAND tion Authorization Act of 2017 (51 U.S.C. nology; AIR TRANSPORTATION. 20301 note). (2) undertake the systems feasibility stud- It is the sense of Congress that— SEC. 502. FLIGHT OPPORTUNITIES PROGRAM. ies for such technology; and (1) greater use of high-speed air transpor- (a) SENSE OF CONGRESS.—It is the sense of (3) partner with members of commercial tation, small airports, helipads, vertical Congress that the Administrator should pro- industry to conduct studies on such tech- flight infrastructure, and other aviation-re- vide flight opportunities for payloads to nology. lated infrastructure can alleviate surface microgravity environments and suborbital (c) NUCLEAR PROPULSION TECHNOLOGY DEM- transportation congestion and support eco- altitudes as required by section 907(c) of the ONSTRATION.— nomic growth within cities; National Aeronautics and Space Administra- (1) DETERMINATION; REPORT.—Not later (2) with respect to urban air mobility and tion Authorization Act of 2010 (42 U.S.C. than December 31, 2021, the Administrator related concepts, NASA should continue— 18405(c)), as amended by subsection (b). shall— (A) to conduct research focused on con- (b) ESTABLISHMENT.—Section 907(c) of the (A) determine the correct approach for cepts, technologies, and design tools; and National Aeronautics and Space Administra- conducting a flight demonstration of nuclear (B) to support the evaluation of advanced tion Authorization Act of 2010 (42 U.S.C. propulsion technology; and technologies and operational concepts that 18405(c)) is amended to read as follows: (B) submit to Congress a report on a plan can be leveraged by— ‘‘(c) ESTABLISHMENT.— for such a demonstration. (i) industry to develop future vehicles and ‘‘(1) IN GENERAL.—The Administrator shall (2) DEMONSTRATION.—Not later than De- systems; and establish a Commercial Reusable Suborbital cember 31, 2026, the Administrator shall con- (ii) the Federal Aviation Administration to Research Program within the Space Tech- duct the flight demonstration described in support vehicle safety and operational cer- nology Mission Directorate to fund— paragraph (1). tification; and ‘‘(A) the development of payloads for sci- SEC. 505. MARS-FORWARD TECHNOLOGIES. (3) NASA should leverage ongoing efforts entific research, technology development, (a) SENSE OF CONGRESS.—It is the sense of to develop advanced technologies to actively and education; Congress that the Administrator should pur- support the research needed for on-demand ‘‘(B) flight opportunities for those payloads sue multiple technical paths for entry, de- air transportation. to microgravity environments and suborbital scent, and landing for Mars, including com- SEC. 407. SENSE OF CONGRESS ON HYPERSONIC altitudes; and petitively selected technology demonstra- TECHNOLOGY RESEARCH. ‘‘(C) transition of those payloads to orbital tion missions. It is the sense of Congress that— opportunities. (b) PRIORITIZATION OF LONG-LEAD TECH- (1) hypersonic technology is critical to the ‘‘(2) COMMERCIAL REUSABLE VEHICLE NOLOGIES AND SYSTEMS.—The Administrator development of advanced high-speed aero- FLIGHTS.—In carrying out the Commercial shall prioritize, within the Space Technology space vehicles for both civilian and national Reusable Suborbital Research Program, the Mission Directorate, research, testing, and security purposes; Administrator may fund engineering and in- development of long-lead technologies and (2) for hypersonic vehicles to be realized, tegration demonstrations, proofs of concept, systems for Mars, including technologies and research is needed to overcome technical and educational experiments for flights of systems relating to— challenges, including in propulsion, ad- commercial reusable vehicles. (1) entry, descent, and landing; and vanced materials, and flight performance in ‘‘(3) COMMERCIAL SUBORBITAL LAUNCH VEHI- (2) in-space propulsion, including nuclear a severe environment; CLES.—In carrying out the Commercial Reus- propulsion, cryogenic fluid management, in- (3) NASA plays a critical role in supporting able Suborbital Research Program, the Ad- situ large-scale additive manufacturing, and fundamental hypersonic research focused on ministrator may not fund the development electric propulsion (including solar electric system design, analysis and validation, and of new commercial suborbital launch vehi- propulsion leveraging lessons learned from propulsion technologies; cles. the power and propulsion element of the (4) NASA research efforts in hypersonic ‘‘(4) WORKING WITH MISSION DIREC- lunar outpost) options. technology should complement research sup- TORATES.—In carrying out the Commercial (c) TECHNOLOGY DEMONSTRATION.—The Ad- ported by the Department of Defense to the Reusable Suborbital Research Program, the ministrator may use low-Earth orbit and cis- maximum extent practicable, since contribu- Administrator shall work with the mission lunar missions, including missions to the tions from both agencies working in partner- directorates of NASA to achieve the re- lunar surface, to demonstrate technologies ship with universities and industry are nec- search, technology, and education goals of for Mars. essary to overcome key technical challenges; NASA.’’. SEC. 506. PRIORITIZATION OF LOW-ENRICHED (5) previous coordinated research programs (c) CONFORMING AMENDMENT.—Section URANIUM TECHNOLOGY. between NASA and the Department of De- 907(b) of the National Aeronautics and Space (a) SENSE OF CONGRESS.—It is the sense of fense enabled important progress on Administration Authorization Act of 2010 (42 Congress that— hypersonic technology; U.S.C. 18405(b)) is amended, in the first sen- (1) space technology, including nuclear (6) the commercial sector could provide tence, by striking ‘‘Commercial Reusable propulsion technology and space surface flight platforms and other capabilities that Suborbital Research Program in’’ and insert- power reactors, should be developed in a are able to host and support NASA ing ‘‘Commercial Reusable Suborbital Re- manner consistent with broader United hypersonic technology research projects; and search Program established under subsection States foreign policy, national defense, and (7) in carrying out hypersonic technology (c)(1) within’’. space exploration and commercialization pri- research projects, the Administrator SEC. 503. SMALL SPACECRAFT TECHNOLOGY orities; should— PROGRAM. (2) highly enriched uranium presents secu- (A) focus research and development efforts (a) SENSE OF CONGRESS.—It is the sense of rity and nuclear nonproliferation concerns; on high-speed propulsion systems, reusable Congress that the Small Spacecraft Tech- (3) since 1977, based on the concerns associ- vehicle technologies, high-temperature ma- nology Program is important for conducting ated with highly enriched uranium, the terials, and systems analysis; science and technology validation for— United States has promoted the use of low- (B) coordinate with the Department of De- (1) short- and long-duration missions in enriched uranium over highly enriched ura- fense to prevent duplication of efforts and of low-Earth orbit; nium in nonmilitary contexts, including re- investments; (2) deep space missions; and search and commercial applications;

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00173 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7820 CONGRESSIONAL RECORD — SENATE December 18, 2020 (4) as part of United States efforts to limit (1) identify and develop the technologies and informal STEM education engagement international use of highly enriched ura- needed to live on and explore the lunar sur- activities within the Office of NASA STEM nium, the United States has actively pur- face and prepare for future operations on Engagement and other NASA directorates, sued— Mars; including— (A) since 1978, the conversion of domestic (2) convene teams of experts from aca- (1) the Established Program to Stimulate and foreign research reactors that use highly demia, industry, and government to shape Competitive Research; enriched uranium fuel to low-enriched ura- the technology development priorities of the (2) the Minority University Research and nium fuel and the avoidance of any new re- Administration for lunar surface exploration Education Project; and search reactors that use highly enriched ura- and habitation; and (3) the National Space Grant College and nium fuel; and (3) establish partnerships with researchers, Fellowship Program. (B) since 1994, the elimination of inter- universities, and the private sector to rap- (b) LEVERAGING NASA NATIONAL PROGRAMS national commerce in highly enriched ura- idly develop and deploy technologies re- TO PROMOTE STEM EDUCATION.—The Admin- nium for civilian purposes; and quired for successful lunar surface explo- istrator, in partnership with museums, non- (5) the use of low-enriched uranium in ration. profit organizations, and commercial enti- place of highly enriched uranium has secu- (b) DEVELOPMENT AND DEMONSTRATION.— ties, shall, to the maximum extent prac- rity, nonproliferation, and economic bene- The Administrator shall carry out a pro- ticable, leverage human spaceflight mis- fits, including for the national space pro- gram, within the Space Technology Mission sions, Deep Space Exploration Systems (in- gram. Directorate, to conduct technology develop- cluding the Space Launch System, Orion, (b) PRIORITIZATION OF LOW-ENRICHED URA- ment and demonstrations to enable human and Exploration Ground Systems), and and robotic exploration on the lunar surface. NIUM TECHNOLOGY.—The Administrator NASA science programs to engage students (c) RESEARCH CONSORTIUM.—The Adminis- shall— at the kindergarten through grade 12 and trator shall establish a consortium con- (1) establish, within the Space Technology higher education levels to pursue learning sisting of experts from academia, industry, Mission Directorate, a program for the re- and government— and career opportunities in STEM fields. search, testing, and development of in-space (1) to assist the Administrator in devel- (c) BRIEFING.—Not later than 1 year after reactor designs, including a surface power re- oping a cohesive, executable strategy for the the date of the enactment of this Act, the actor, that uses low-enriched uranium fuel; development and deployment of technologies Administrator shall brief the appropriate and required for successful lunar surface explo- committees of Congress on— (2) prioritize the research, demonstration, ration; and (1) the status of the programs described in and deployment of such designs over designs (2) to identify specific technologies relat- subsection (a); and using highly enriched uranium fuel. ing to lunar surface exploration that— (2) the manner by which each NASA STEM (c) REPORT ON NUCLEAR TECHNOLOGY (A) should be developed to facilitate such education engagement activity is organized PRIORITIZATION.—Not later than 120 days exploration; or and funded. after the date of the enactment of this Act, (B) require future research and develop- (d) STEM EDUCATION DEFINED.—In this sec- the Administrator shall submit to the appro- ment. tion, the term ‘‘STEM education’’ has the priate committees of Congress a report (d) RESEARCH AWARDS.— meaning given the term in section 2 of the that— (1) IN GENERAL.—The Administrator may STEM Education Act of 2015 (Public Law 114– (1) details the actions taken to implement task any member of the research consortium 59; 42 U.S.C. 6621 note). subsection (b); and established under subsection (c) with con- SEC. 603. SKILLED TECHNICAL EDUCATION OUT- (2) identifies a plan and timeline under ducting research and development with re- REACH PROGRAM. which such subsection will be implemented. spect to a technology identified under para- (a) ESTABLISHMENT.—The Administrator (d) DEFINITIONS.—In this section: graph (2) of that subsection. shall establish a program to conduct out- (1) HIGHLY ENRICHED URANIUM.—The term (2) STANDARD PROCESS FOR ARRANGE- reach to secondary school students— ‘‘highly enriched uranium’’ means uranium MENTS.— (1) to expose students to careers that re- having an assay of 20 percent or greater of (A) IN GENERAL.—The Administrator shall quire career and technical education; and the uranium-235 isotope. develop a standard process by which a con- (2) to encourage students to pursue careers (2) LOW-ENRICHED URANIUM.—The term sortium member tasked with research and that require career and technical education. ‘‘low-enriched uranium’’ means uranium development under paragraph (1) may enter (b) OUTREACH PLAN.—Not later than 180 having an assay greater than the assay for into a formal arrangement with the Admin- days after the date of the enactment of this natural uranium but less than 20 percent of istrator to carry out such research and de- Act, the Administrator shall submit to the the uranium-235 isotope. velopment, such as an arrangement under appropriate committees of Congress a report SEC. 507. SENSE OF CONGRESS ON NEXT-GENERA- section 702 or 703. on the outreach program under subsection TION COMMUNICATIONS TECH- (B) REPORT.—Not later than 120 days after (a) that includes— NOLOGY. the date of the enactment of this Act, the (1) an implementation plan; It is the sense of Congress that— Administrator shall submit to the appro- (2) a description of the resources needed to (1) optical communications technologies— priate committees of Congress a report on carry out the program; and (A) will be critical to the development of the one or more types of arrangement the (3) any recommendations on expanding next-generation space-based communica- Administrator intends to enter into under outreach to secondary school students inter- tions networks; this subsection. ested in skilled technical occupations. (B) have the potential to allow NASA to TITLE VI—STEM ENGAGEMENT (c) SYSTEMS OBSERVATION.— expand the volume of data transmissions in SEC. 601. SENSE OF CONGRESS. (1) IN GENERAL.—The Administrator shall low-Earth orbit and deep space; and It is the sense of Congress that— develop a program and associated policies to (C) may provide more secure and cost-ef- (1) NASA serves as a source of inspiration allow students from accredited educational fective solutions than current radio fre- to the people of the United States; and institutions to view the manufacturing, as- quency communications systems; (2) NASA is uniquely positioned to help in- sembly, and testing of NASA-funded space (2) quantum encryption technology has crease student interest in science, tech- and aeronautical systems, as the Adminis- promising implications for the security of nology, engineering, and math; trator considers appropriate. the satellite and terrestrial communications (3) engaging students, and providing hands- (2) CONSIDERATIONS.—In developing the networks of the United States, including op- on experience at an early age, in science, program and policies under paragraph (1), tical communications networks, and further technology, engineering, and math are im- the Administrator shall take into consider- research and development by NASA with re- portant aspects of ensuring and promoting ation factors such as workplace safety, mis- spect to quantum encryption is essential to United States leadership in innovation; and sion needs, and the protection of sensitive maintaining the security of the United (4) NASA should strive to leverage its and proprietary technologies. States and United States leadership in space; unique position— SEC. 604. NATIONAL SPACE GRANT COLLEGE AND and (A) to increase kindergarten through grade FELLOWSHIP PROGRAM. (3) in order to provide NASA with more se- 12 involvement in NASA projects; (a) PURPOSES.—Section 40301 of title 51, cure and reliable space-based communica- (B) to enhance higher education in STEM United States Code, is amended— tions, the Space Communications and Navi- fields in the United States; (1) in paragraph (3)— gation program office of NASA should con- (C) to support individuals who are under- (A) in subparagraph (B), by striking ‘‘and’’ tinue— represented in science, technology, engineer- at the end; (A) to support research on and develop- ing, and math fields, such as women, minori- (B) in subparagraph (C), by adding ‘‘and’’ ment of optical communications; and ties, and individuals in rural areas; and after the semicolon at the end; and (B) to develop quantum encryption capa- (D) to provide flight opportunities for stu- (C) by adding at the end the following: bilities, especially as those capabilities dent experiments and investigations. ‘‘(D) promote equally the State and re- apply to optical communications networks. SEC. 602. STEM EDUCATION ENGAGEMENT AC- gional STEM interests of each space grant SEC. 508. LUNAR SURFACE TECHNOLOGIES. TIVITIES. consortium;’’; and (a) SENSE OF CONGRESS.—It is the sense of (a) IN GENERAL.—The Administrator shall (2) in paragraph (4), by striking ‘‘made up Congress that the Administrator should— continue to provide opportunities for formal of university and industry members, in order

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United States Code, is amended— through the space grant consortia. ‘‘(B) MATCHING REQUIREMENT.—Each eligi- (1) by striking paragraph (3); ‘‘(d) SUSPENSION; TERMINATION; NEW COM- ble space grant consortium shall match the (2) by inserting after paragraph (2) the fol- PETITION.— funds allocated under subparagraph (A)(i) on lowing: ‘‘(1) SUSPENSION.—The Administrator may, a basis of not less than 1 non-Federal dollar ‘‘(3) LEAD INSTITUTION.—The term ‘lead in- for cause and after an opportunity for hear- for every 1 Federal dollar, except that any stitution’ means an entity in a State that— ing, suspend a lead institution that was des- program funded under paragraph (3) or any ‘‘(A) was designated by the Administrator ignated by the Administrator under section program to carry out 1 or more internships under section 40306, as in effect on the day 40306, as in effect on the day before the date or fellowships shall not be subject to that before the date of the enactment of the Na- of the enactment of the National Aero- matching requirement. tional Aeronautics and Space Administra- nautics and Space Administration Author- ‘‘(2) PROGRAM ADMINISTRATION.— tion Authorization Act of 2020; or ization Act of 2020. ‘‘(A) IN GENERAL.—Of the funds made avail- ‘‘(B) is designated by the Administrator ‘‘(2) TERMINATION.—If the issue resulting in able each fiscal year for the national space under section 40303(d)(3).’’; a suspension under paragraph (1) is not re- grant college and fellowship program, the (3) in paragraph (4), by striking ‘‘space solved within a period determined by the Ad- Administrator shall allocate not more than grant college, space grant regional consor- ministrator, the Administrator may termi- 10 percent for the administration of the pro- tium, institution of higher education,’’ and nate the designation of the entity as a lead gram. inserting ‘‘lead institution, space grant con- institution. ‘‘(B) COSTS COVERED.—The funds allocated sortium,’’; ‘‘(3) NEW COMPETITION.—If the Adminis- under subparagraph (A) shall cover all costs (4) by striking paragraphs (6), (7), and (8); trator terminates the designation of an enti- of the Administration associated with the (5) by inserting after paragraph (5) the fol- ty as a lead institution, the Administrator administration of the national space grant lowing: may initiate a new competition in the appli- college and fellowship program, including— ‘‘(i) direct costs of the program, including ‘‘(6) SPACE GRANT CONSORTIUM.—The term cable State for the designation of a lead in- ‘space grant consortium’ means a State-wide stitution.’’. costs relating to support services and civil service salaries and benefits; group, led by a lead institution, that has es- (d) GRANTS.—Section 40304 of title 51, ‘‘(ii) indirect general and administrative tablished partnerships with other academic United States Code, is amended to read as costs of centers and facilities of the Admin- institutions, industries, science learning follows: istration; and centers, museums, and government entities ‘‘§ 40304. Grants ‘‘(iii) indirect general and administrative to promote a strong educational base in the ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM costs of the Administration headquarters. space and aeronautical sciences.’’; DEFINED.—In this section, the term ‘eligible ‘‘(3) SPECIAL PROGRAMS.—Of the funds made (6) by redesignating paragraph (9) as para- space grant consortium’ means a space grant available each fiscal year for the national graph (7); consortium that the Administrator has de- space grant college and fellowship program, (7) in paragraph (7)(B), as so redesignated, termined— the Administrator shall allocate not more by inserting ‘‘and aeronautics’’ after ‘‘(1) has the capability and objective to than 5 percent to the lead institutions of ‘‘space’’; carry out not fewer than 3 of the 6 programs space grant consortia established as of the (8) by striking paragraph (10); and under section 40303(b)(1); date of the enactment of the National Aero- (9) by adding at the end the following: ‘‘(2) will carry out programs that balance nautics and Space Administration Author- ‘‘(8) STEM.—The term ‘STEM’ means the priorities described in section 40303(b)(2); ization Act of 2020 for grants to carry out in- science, technology, engineering, and mathe- and novative approaches and programs to further matics.’’. ‘‘(3) is engaged in research, training, and science and education relating to the mis- (c) PROGRAM OBJECTIVE.—Section 40303 of education relating to space and aeronautics. sions of the Administration and STEM dis- title 51, United States Code, is amended— ‘‘(b) GRANTS.— ciplines. (1) by striking subsections (d) and (e); ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(d) TERMS AND CONDITIONS.— (2) by redesignating subsection (c) as sub- award grants to the lead institutions of eligi- ‘‘(1) LIMITATIONS.—Amounts made avail- section (e); and ble space grant consortia to carry out the able through a grant under this section may (3) by striking subsection (b) and inserting programs under section 40303(b)(1). not be applied to— the following: ‘‘(2) REQUEST FOR PROPOSALS.— ‘‘(A) the purchase of land; ‘‘(b) PROGRAM OBJECTIVE.— ‘‘(A) IN GENERAL.—On the expiration of ex- ‘‘(B) the purchase, construction, preserva- ‘‘(1) IN GENERAL.—The Administrator shall isting cooperative agreements between the tion, or repair of a building; or carry out the national space grant college Administration and the space grant con- ‘‘(C) the purchase or construction of a and fellowship program with the objective of sortia, the Administrator shall issue a re- launch facility or launch vehicle. providing hands-on research, training, and quest for proposals from space grant con- ‘‘(2) LEASES.—Notwithstanding paragraph education programs with measurable out- sortia for the award of grants under this sec- (1), land, buildings, launch facilities, and comes in each State, including programs to tion. launch vehicles may be leased under a grant provide— ‘‘(B) APPLICATIONS.—A lead institution of a on written approval by the Administrator. ‘‘(A) internships, fellowships, and scholar- space grant consortium that seeks a grant ‘‘(3) RECORDS.— ships; under this section shall submit, on behalf of ‘‘(A) IN GENERAL.—Any person that re- ‘‘(B) interdisciplinary hands-on mission such space grant consortium, an application ceives or uses the proceeds of a grant under programs and design projects; to the Administrator at such time, in such this section shall keep such records as the ‘‘(C) student internships with industry or manner, and accompanied by such informa- Administrator shall by regulation prescribe university researchers or at centers of the tion as the Administrator may require. as being necessary and appropriate to facili- Administration; ‘‘(3) GRANT AWARDS.—The Administrator tate effective audit and evaluation, includ- ‘‘(D) faculty and curriculum development shall award 1 or more 5-year grants, dis- ing records that fully disclose the amount initiatives; bursed in annual installments, to the lead in- and disposition by a recipient of such pro- ‘‘(E) university-based research initiatives stitution of the eligible space grant consor- ceeds, the total cost of the program or relating to the Administration and the tium of— project in connection with which such pro- STEM workforce needs of each State; or ‘‘(A) each State; ceeds were used, and the amount, if any, of ‘‘(F) STEM engagement programs for kin- ‘‘(B) the District of Columbia; and such cost that was provided through other dergarten through grade 12 teachers and stu- ‘‘(C) the Commonwealth of Puerto Rico. sources. dents. ‘‘(4) USE OF FUNDS.—A grant awarded under ‘‘(B) MAINTENANCE OF RECORDS.—Records ‘‘(2) PROGRAM PRIORITIES.—In carrying out this section shall be used by an eligible space under subparagraph (A) shall be maintained the objective described in paragraph (1), the grant consortium to carry out not fewer for not less than 3 years after the date of Administrator shall ensure that each pro- than 3 of the 6 programs under section completion of such a program or project. gram carried out by a space grant consor- 40303(b)(1). ‘‘(C) ACCESS.—For the purpose of audit and tium under the national space grant college ‘‘(c) ALLOCATION OF FUNDING.— evaluation, the Administrator and the Comp- and fellowship program balances the fol- ‘‘(1) PROGRAM IMPLEMENTATION.— troller General of the United States shall lowing priorities: ‘‘(A) IN GENERAL.—To carry out the objec- have access to any books, documents, papers, ‘‘(A) The space and aeronautics research tive described in section 40303(b)(1), of the and records of receipts relating to a grant needs of the Administration, including the funds made available each fiscal year for the under this section, as determined by the Ad- mission directorates. national space grant college and fellowship ministrator or Comptroller General.’’. ‘‘(B) The need to develop a national STEM program, the Administrator shall allocate (e) PROGRAM STREAMLINING.—Title 51, workforce. not less than 85 percent as follows: United States Code, is amended—

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(1) by striking sections 40305 through 40308, (c) ELIGIBILITY.—The following entities missions and operations that could adversely 40310, and 40311; and shall be eligible to participate in a consor- impact such missions and operations if un- (2) by redesignating section 40309 as section tium established under subsection (a): available. 40305. (1) An institution of higher education (as (3) A description and assessment of various (f) CONFORMING AMENDMENT.—The table of defined in section 102 of the Higher Edu- mechanisms to address and mitigate the sections at the beginning of chapter 403 of cation Act of 1965 (20 U.S.C. 1002)). weaknesses described pursuant to paragraph title 51, United States Code, is amended by (2) An operator of a federally funded re- (2). striking the items relating to sections 40304 search and development center. (4) A comprehensive list of the collabo- through 40311 and inserting the following: (3) A nonprofit or not-for-profit research rative efforts, including future and proposed ‘‘40304. Grants. institution. collaborative efforts, between NASA and the Manufacturing USA institutes of the Depart- ‘‘40305. Availability of other Federal per- (4) A consortium composed of— ment of Commerce. sonnel and data.’’. (A) an entity described in paragraph (1), (2), or (3); and (5) An assessment of— TITLE VII—WORKFORCE AND INDUSTRIAL (B) one or more for-profit entities. (A) the defense and aerospace manufac- BASE SEC. 703. EXPEDITED ACCESS TO TECHNICAL turing supply chains relevant to NASA in SEC. 701. APPOINTMENT AND COMPENSATION TALENT AND EXPERTISE. each region of the United States; and PILOT PROGRAM. (a) IN GENERAL.—The Administrator may— (B) the feasibility and benefits of estab- (a) DEFINITION OF COVERED PROVISIONS.—In (1) establish one or more multi-institution lishing a supply chain center of excellence in this section, the term ‘‘covered provisions’’ task order contracts, consortia, cooperative a State in which NASA does not, as of the means the provisions of title 5, United States agreements, or other arrangements to facili- date of the enactment of this Act, have a re- Code, other than— tate expedited access to eligible entities in search center or test facility. (1) section 2301 of that title; support of NASA missions; and (6) Such other matters relating to the (2) section 2302 of that title; (2) use such a multi-institution task order United States industrial base for NASA civil (3) chapter 71 of that title; contract, consortium, cooperative agree- space missions and operations as the Admin- (4) section 7204 of that title; and ment, or other arrangement to fund tech- istrator considers appropriate. (5) chapter 73 of that title. nical analyses and other engineering support SEC. 705. SEPARATIONS AND RETIREMENT IN- CENTIVES. (b) ESTABLISHMENT.—There is established a to address the acquisition, technical, and 3-year pilot program under which, notwith- operational needs of NASA centers. Section 20113 of title 51, United States standing section 20113 of title 51, United (b) CONSULTATION WITH OTHER NASA-AF- Code, is amended by adding at the end the following: States Code, the Administrator may, with FILIATED ENTITIES.—To ensure access to ‘‘(o) PROVISIONS RELATED TO SEPARATION respect to not more than 3,000 designated technical expertise and reduce costs and du- AND RETIREMENT INCENTIVES.— personnel— plicative efforts, a multi-institution task ‘‘(1) DEFINITION.—In this subsection, the (1) appoint and manage such designated order contract, consortium, cooperative agreement, or any other arrangement estab- term ‘employee’— personnel of the Administration, without re- ‘‘(A) means an employee of the Adminis- gard to the covered provisions; and lished under subsection (a)(1) shall, to the maximum extent practicable, be carried out tration serving under an appointment with- (2) fix the compensation of such designated out time limitation; and personnel of the Administration, without re- in consultation with other NASA-affiliated entities, including federally funded research ‘‘(B) does not include— gard to chapter 51 and subchapter III of ‘‘(i) a reemployed annuitant under sub- chapter 53 of title 5, United States Code, at and development centers, university-affili- ated research centers, and NASA labora- chapter III of chapter 83 or chapter 84 of title a rate that does not exceed the per annum 5 or any other retirement system for employ- rate of salary of the Vice President of the tories and test centers. (c) POLICIES AND PROCEDURES.—The Admin- ees of the Federal Government; United States under section 104 of title 3, ‘‘(ii) an employee having a disability on United States Code. istrator shall develop and implement policies and procedures to govern, with respect to the the basis of which such employee is or would (c) ADMINISTRATOR RESPONSIBILITIES.—In establishment of a multi-institution task be eligible for disability retirement under carrying out the pilot program established any of the retirement systems referred to in under subsection (b), the Administrator shall order contract, consortium, cooperative agreement, or any other arrangement under clause (i); or ensure that the pilot program— ‘‘(iii) for purposes of eligibility for separa- (1) uses— subsection (a)(1)— (1) the selection of participants; tion incentives under this subsection, an em- (A) state-of-the-art recruitment tech- ployee who is in receipt of a decision notice niques; (2) the award of task orders; (3) the maximum award size for a task; of involuntary separation for misconduct or (B) simplified classification methods with unacceptable performance. respect to personnel of the Administration; (4) the appropriate use of competitive awards and sole source awards; and ‘‘(2) AUTHORITY.—The Administrator may and establish a program under which employees (C) broad banding; and (5) technical capabilities required. (d) ELIGIBLE ENTITY DEFINED.—In this sec- may be eligible for early retirement, offered (2) offers— tion, the term ‘‘eligible entity’’ means— separation incentive pay to separate from (A) competitive compensation; and (1) an institution of higher education (as service voluntarily, or both. This authority (B) the opportunity for career mobility. defined in section 102 of the Higher Edu- may be used to reduce the number of per- SEC. 702. ESTABLISHMENT OF MULTI-INSTITU- cation Act of 1965 (20 U.S.C. 1002)); sonnel employed or to restructure the work- TION CONSORTIA. (2) an operator of a federally funded re- force to meet mission objectives without re- (a) IN GENERAL.—The Administrator, pur- search and development center; ducing the overall number of personnel. This suant to section 2304(c)(3)(B) of title 10, (3) a nonprofit or not-for-profit research in- authority is in addition to, and notwith- United States Code, may— stitution; and standing, any other authorities established (1) establish one or more multi-institution (4) a consortium composed of— by law or regulation for such programs. consortia to facilitate access to essential en- (A) an entity described in paragraph (1), ‘‘(3) EARLY RETIREMENT.—An employee who gineering, research, and development capa- (2), or (3); and is at least 50 years of age and has completed bilities in support of NASA missions; (B) one or more for-profit entities. 20 years of service, or has at least 25 years of (2) use such a consortium to fund technical SEC. 704. REPORT ON INDUSTRIAL BASE FOR service, may, pursuant to regulations pro- analyses and other engineering support to CIVIL SPACE MISSIONS AND OPER- mulgated under this subsection, apply and be address the acquisition, technical, and oper- ATIONS. retired from the Administration and receive ational needs of NASA centers; and (a) IN GENERAL.—Not later than 1 year benefits in accordance with subchapter III of (3) ensure such a consortium— after the date of the enactment of this Act, chapter 83 or 84 of title 5 if the employee has (A) is held accountable for the technical and from time to time thereafter, the Ad- been employed continuously within the Ad- quality of the work product developed under ministrator shall submit to the appropriate ministration for more than 30 days before this section; and committees of Congress a report on the the date on which the determination to con- (B) convenes disparate groups to facilitate United States industrial base for NASA civil duct a reduction or restructuring within 1 or public-private partnerships. space missions and operations. more Administration centers is approved. (b) POLICIES AND PROCEDURES.—The Admin- (b) ELEMENTS.—The report required by sub- ‘‘(4) SEPARATION PAY.— istrator shall develop and implement policies section (a) shall include the following: ‘‘(A) IN GENERAL.—Separation pay shall be and procedures to govern, with respect to the (1) A comprehensive description of the cur- paid in a lump sum or in installments and establishment of a consortium under sub- rent status of the United States industrial shall be equal to the lesser of— section (a)— base for NASA civil space missions and oper- ‘‘(i) an amount equal to the amount the (1) the selection of participants; ations. employee would be entitled to receive under (2) the award of cooperative agreements or (2) A description and assessment of the section 5595(c) of title 5, if the employee were other contracts; weaknesses in the supply chain, skills, man- entitled to payment under such section; or (3) the appropriate use of competitive ufacturing capacity, raw materials, key ‘‘(ii) $40,000. awards and sole source awards; and components, and other areas of the United ‘‘(B) LIMITATIONS.—Separation pay shall (4) technical capabilities required. States industrial base for NASA civil space not be a basis for payment, and shall not be

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00176 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7823 included in the computation, of any other a judicial or administrative proceeding with section, the Administrator shall promulgate type of Government benefit. Separation pay respect to— regulations to implement this section. shall not be taken into account for the pur- ‘‘(A) the medical quality assurance record; ‘‘(f) RULES OF CONSTRUCTION.—Nothing in pose of determining the amount of any sever- or this section shall be construed— ance pay to which an individual may be enti- ‘‘(B) any finding, recommendation, evalua- ‘‘(1) to withhold a medical quality assur- tled under section 5595 of title 5, based on tion, opinion, or action taken by such indi- ance record from a committee of the Senate any other separation. vidual or in accordance with such proceeding or House of Representatives or a joint com- ‘‘(C) INSTALLMENTS.—Separation pay, if with respect to the medical quality assur- mittee of Congress if the medical quality as- paid in installments, shall cease to be paid ance record. surance record relates to a matter within the upon the recipient’s acceptance of employ- ‘‘(b) DISCLOSURE OF RECORDS.— jurisdiction of such committee or joint com- ment by the Federal Government, or com- ‘‘(1) IN GENERAL.—Notwithstanding sub- mittee; or mencement of work under a personal serv- section (a), a medical quality assurance ‘‘(2) to limit the use of a medical quality ices contract as described in paragraph (5). record may be disclosed to— assurance record within the Administration, ‘‘(5) LIMITATIONS ON REEMPLOYMENT.— ‘‘(A) a Federal agency or private entity, if including the use by a contractor or consult- ‘‘(A) An employee who receives separation the medical quality assurance record is nec- ant of the Administration. pay under such program may not be reem- essary for the Federal agency or private en- ployed by the Administration for a 12-month tity to carry out— ‘‘(g) DEFINITIONS.—In this section: period beginning on the effective date of the ‘‘(i) licensing or accreditation functions re- ‘‘(1) MEDICAL QUALITY ASSURANCE RECORD.— employee’s separation, unless this prohibi- lating to Administration healthcare facili- The term ‘medical quality assurance record’ tion is waived by the Administrator on a ties; or means any proceeding, discussion, record, case-by-case basis. ‘‘(ii) monitoring of Administration finding, recommendation, evaluation, opin- ‘‘(B) An employee who receives separation healthcare facilities required by law; ion, minutes, report, or other document or pay under this section on the basis of a sepa- ‘‘(B) a Federal agency or healthcare pro- action that results from a quality assurance ration and accepts employment with the vider, if the medical quality assurance committee, quality assurance program, or Government of the United States, or who record is required by the Federal agency or quality assurance program activity. commences work through a personal services healthcare provider to enable Administra- ‘‘(2) QUALITY ASSURANCE PROGRAM.— contract with the United States within 5 tion participation in a healthcare program of ‘‘(A) IN GENERAL.—The term ‘quality assur- years after the date of the separation on the Federal agency or healthcare provider; ance program’ means a comprehensive pro- which payment of the separation pay is ‘‘(C) a criminal or civil law enforcement gram of the Administration— based, shall be required to repay the entire agency, or an instrumentality authorized by ‘‘(i) to systematically review and improve amount of the separation pay to the Admin- law to protect the public health or safety, on the quality of medical and behavioral health istration. If the employment is with an Exec- written request by a qualified representative services provided by the Administration to utive agency (as defined by section 105 of of such agency or instrumentality submitted ensure the safety and security of individuals title 5) other than the Administration, the to the Administrator that includes a descrip- receiving such health services; and Administrator may, at the request of the tion of the lawful purpose for which the med- ‘‘(ii) to evaluate and improve the effi- head of that agency, waive the repayment if ical quality assurance record is requested; ciency, effectiveness, and use of staff and re- the individual involved possesses unique ‘‘(D) an officer, an employee, or a con- sources in the delivery of such health serv- abilities and is the only qualified applicant tractor of the Administration who requires ices. available for the position. If the employment the medical quality assurance record to ‘‘(B) INCLUSION.—The term ‘quality assur- is within the Administration, the Adminis- carry out an official duty associated with ance program’ includes any activity carried trator may waive the repayment if the indi- healthcare; out by or for the Administration to assess vidual involved is the only qualified appli- ‘‘(E) healthcare personnel, to the extent the quality of medical care provided by the cant available for the position. If the em- necessary to address a medical emergency Administration.’’. ployment is with an entity in the legislative affecting the health or safety of an indi- (b) TECHNICAL AND CONFORMING AMEND- branch, the head of the entity or the ap- vidual; and MENT.—The table of sections for chapter 313 pointing official may waive the repayment if ‘‘(F) any committee, panel, or board con- of title 51, United States Code, is amended by the individual involved possesses unique vened by the Administration to review the adding at the end the following: abilities and is the only qualified applicant healthcare-related policies and practices of available for the position. If the employment the Administration. ‘‘31303. Confidentiality of medical quality as- is with the judicial branch, the Director of ‘‘(2) SUBSEQUENT DISCLOSURE PROHIBITED.— surance records.’’. the Administrative Office of the United An individual or entity to whom a medical States Courts may waive the repayment if quality assurance record has been disclosed TITLE VIII—MISCELLANEOUS PROVISIONS the individual involved possesses unique under paragraph (1) may not make a subse- SEC. 801. CONTRACTING AUTHORITY. abilities and is the only qualified applicant quent disclosure of the medical quality as- available for the position. surance record. Section 20113 of title 51, United States ‘‘(6) REGULATIONS.—Under the program es- ‘‘(c) PERSONALLY IDENTIFIABLE INFORMA- Code, is amended by adding at the end the tablished under paragraph (2), early retire- TION.— following: ment and separation pay may be offered only ‘‘(1) IN GENERAL.—Except as provided in ‘‘(o) CONTRACTING AUTHORITY.—The Admin- pursuant to regulations established by the paragraph (2), the personally identifiable in- istration— Administrator, subject to such limitations formation contained in a medical quality as- ‘‘(1) may enter into an agreement with a or conditions as the Administrator may re- surance record of a patient or an employee of private, commercial, or State government quire. the Administration, or any other individual entity to provide the entity with supplies, ‘‘(7) USE OF EXISTING FUNDS.—The Adminis- associated with the Administration for pur- support, and services related to private, com- trator shall carry out this subsection using poses of a medical quality assurance pro- mercial, or State government space activi- amounts otherwise made available to the Ad- gram, shall be removed before the disclosure ties carried out at a property owned or oper- ministrator and no additional funds are au- of the medical quality assurance record to an ated by the Administration; and thorized to be appropriated to carry out this entity other than the Administration. ‘‘(2) upon the request of such an entity, subsection.’’. ‘‘(2) EXCEPTION.— Personally identifiable may include such supplies, support, and serv- SEC. 706. CONFIDENTIALITY OF MEDICAL QUAL- information described in paragraph (1) may ices in the requirements of the Administra- ITY ASSURANCE RECORDS. be released to an entity other than the Ad- tion if— (a) IN GENERAL.—Chapter 313 of title 51, ministration if the Administrator makes a ‘‘(A) the Administrator determines that United States Code, is amended by adding at determination that the release of such per- the inclusion of such supplies, support, or the end the following: sonally identifiable information— services in such requirements— ‘‘§ 31303. Confidentiality of medical quality ‘‘(A) is in the best interests of the Admin- ‘‘(i) is in the best interest of the Federal assurance records istration; and Government; ‘‘(a) IN GENERAL.—Except as provided in ‘‘(B) does not constitute an unwarranted ‘‘(ii) does not interfere with the require- subsection (b)(1)— invasion of personal privacy. ments of the Administration; and ‘‘(1) a medical quality assurance record, or ‘‘(d) EXCLUSION FROM FOIA.—A medical ‘‘(iii) does not compete with the commer- any part of a medical quality assurance quality assurance record may not be made cial space activities of other such entities; record, may not be subject to discovery or available to any person under section 552 of and admitted into evidence in a judicial or ad- title 5, United States Code (commonly re- ‘‘(B) the Administration has full reimburs- ministrative proceeding; and ferred to as the ‘Freedom of Information able funding from the entity that requested ‘‘(2) an individual who reviews or creates a Act’), and this section shall be considered a supplies, support, and services prior to mak- medical quality assurance record for the Ad- statute described in subsection (b)(3)(B) of ing any obligation for the delivery of such ministration, or participates in any pro- such section 522. supplies, support, or services under an Ad- ceeding that reviews or creates a medical ‘‘(e) REGULATIONS.—Not later than one ministration procurement contract or any quality assurance record, may not testify in year after the date of the enactment of this other agreement.’’.

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00177 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7824 CONGRESSIONAL RECORD — SENATE December 18, 2020

SEC. 802. AUTHORITY FOR TRANSACTION PROTO- ‘‘(A) CERTAIN TECHNICAL DATA.—The term (2) in subsection (g), in the first sentence, TYPE PROJECTS AND FOLLOW-ON ‘certain technical data’ means technical by striking ‘‘December 31, 2021’’ and insert- PRODUCTION CONTRACTS. data that may not be exported lawfully out- ing ‘‘December 31, 2025’’. Section 20113 of title 51, United States side the United States without approval, au- SEC. 806. CYBERSECURITY. Code, as amended by section 801, is further thorization, or license under— (a) IN GENERAL.—Section 20301 of title 51, amended by adding at the end the following: ‘‘(i) the Export Control Reform Act of 2018 ‘‘(p) TRANSACTION PROTOTYPE PROJECTS United States Code, is amended by adding at (Public Law 115–232; 132 Stat. 2208); or AND FOLLOW-ON PRODUCTION CONTRACTS.— the end the following: ‘‘(ii) the International Security Assistance ‘‘(1) IN GENERAL.—The Administration may ‘‘(c) CYBERSECURITY.—The Administrator and Arms Export Control Act of 1976 (Public enter into a transaction (other than a con- shall update and improve the cybersecurity Law 94–329; 90 Stat. 729). tract, cooperative agreement, or grant) to of NASA space assets and supporting infra- ‘‘(B) TECHNICAL DATA.—The term ‘technical carry out a prototype project that is directly structure.’’. data’ means any blueprint, drawing, photo- relevant to enhancing the mission effective- (b) SECURITY OPERATIONS CENTER.— graph, plan, instruction, computer software, ness of the Administration. (1) ESTABLISHMENT.—The Administrator or documentation, or any other technical in- ‘‘(2) SUBSEQUENT AWARD OF FOLLOW-ON PRO- shall maintain a Security Operations Center, formation.’’; DUCTION CONTRACT.—A transaction entered to identify and respond to cybersecurity (4) in subsection (d), as so redesignated, by into under this subsection for a prototype threats to NASA information technology inserting ‘‘, including any data,’’ after ‘‘in- project may provide for the subsequent systems, including institutional systems and formation’’; and award of a follow-on production contract to mission systems. (5) by adding at the end the following: participants in the transaction. (2) INSPECTOR GENERAL RECOMMENDA- ‘‘(3) INCLUSION.—A transaction under this ‘‘(e) EXCLUSION FROM FOIA.—This section TIONS.—The Administrator shall implement, subsection includes a project awarded to an shall be considered a statute described in to the maximum extent practicable, each of individual participant and to all individual subsection (b)(3)(B) of section 552 of title 5 the recommendations contained in the re- projects awarded to a consortium of United (commonly referred to as the ‘Freedom of In- port of the Inspector General of NASA enti- States industry and academic institutions. formation Act’).’’. tled ‘‘Audit of NASA’s Security Operations ‘‘(4) DETERMINATION.—The authority of this (b) CERTAIN VOLUNTARILY PROVIDED SAFE- Center’’, issued on May 23, 2018. section may be exercised for a transaction TY-RELATED INFORMATION.— (c) CYBER THREAT HUNT.— for a prototype project and any follow-on (1) IN GENERAL.—The Administrator shall (1) IN GENERAL.—The Administrator, in co- production contract, upon a determination provide appropriate safeguards against the ordination with the Secretary of Homeland by the head of the contracting activity, in public dissemination of safety-related infor- Security and the heads of other relevant accordance with Administration policies, mation collected as part of a mishap inves- Federal agencies, may implement a cyber that— tigation carried out under the NASA safety threat hunt capability to proactively search ‘‘(A) circumstances justify use of a trans- reporting system or in conjunction with an NASA information systems for advanced action to provide an innovative business ar- organizational safety assessment, if the Ad- cyber threats that otherwise evade existing rangement that would not be feasible or ap- ministrator makes a written determination, security tools. propriate under a contract; and including a justification of the determina- (2) THREAT-HUNTING PROCESS.—In carrying ‘‘(B) the use of the authority of this sec- tion, that— out paragraph (1), the Administrator shall tion is essential to promoting the success of (A)(i) disclosure of the information would develop and document a threat-hunting proc- the prototype project. inhibit individuals from voluntarily pro- ess, including the roles and responsibilities ‘‘(5) COMPETITIVE PROCEDURE.— viding safety-related information; and of individuals conducting a cyber threat ‘‘(A) IN GENERAL.—To the maximum extent (ii) the ability of NASA to collect such in- hunt. practicable, the Administrator shall use formation improves the safety of NASA pro- (d) GAO PRIORITY RECOMMENDATIONS.—The competitive procedures with respect to en- grams and research relating to aeronautics Administrator shall implement, to the max- tering into a transaction to carry out a pro- and space; or imum extent practicable, the recommenda- totype project. (B) withholding such information from tions for NASA contained in the report of ‘‘(B) EXCEPTION.—Notwithstanding section public disclosure improves the safety of such the Comptroller General of the United States 2304 of title 10, United States Code, a follow- NASA programs and research. entitled ‘‘Information Security: Agencies on production contract may be awarded to (2) OTHER FEDERAL AGENCIES.—Notwith- Need to Improve Controls over Selected the participants in the prototype transaction standing any other provision of law, if the High-Impact Systems’’, issued May 18, 2016, without the use of competitive procedures, Administrator provides to the head of an- including— if— other Federal agency safety-related informa- (1) re-evaluating security control assess- ‘‘(i) competitive procedures were used for tion with respect to which the Administrator ments; and the selection of parties for participation in has made a determination under paragraph (2) specifying metrics for the continuous the prototype transaction; and (1), the head of the Federal agency shall monitoring strategy of the Administration. ‘‘(ii) the participants in the transaction withhold the information from public disclo- SEC. 807. LIMITATION ON COOPERATION WITH successfully completed the prototype project sure. THE PEOPLE’S REPUBLIC OF CHINA. provided for in the transaction. (3) PUBLIC AVAILABILITY.—A determination (a) IN GENERAL.—Except as provided by ‘‘(6) COST SHARE.—A transaction to carry or part of a determination under paragraph subsection (b), the Administrator, the Direc- out a prototype project and a follow-on pro- (1) shall be made available to the public on tor of the OSTP, and the Chair of the Na- duction contract may require that part of request, as required under section 552 of title tional Space Council, shall not— the total cost of the transaction or contract 5, United States Code (commonly referred to (1) develop, design, plan, promulgate, im- be paid by the participant or contractor from as the ‘‘Freedom of Information Act’’). plement, or execute a bilateral policy, pro- a source other than the Federal Government. (4) EXCLUSION FROM FOIA.—This subsection gram, order, or contract of any kind to par- ‘‘(7) PROCUREMENT ETHICS.—A transaction shall be considered a statute described in ticipate, collaborate, or coordinate bilat- under this authority shall be considered an subsection (b)(3)(B) of section 552 of title 5, erally in any manner with— agency procurement for purposes of chapter United States Code. (A) the Government of the People’s Repub- 21 of title 41, United States Code, with regard SEC. 804. PHYSICAL SECURITY MODERNIZATION. lic of China; or (B) any company— to procurement ethics.’’. Chapter 201 of title 51, United States Code, (i) owned by the Government of the Peo- SEC. 803. PROTECTION OF DATA AND INFORMA- is amended— ple’s Republic of China; or TION FROM PUBLIC DISCLOSURE. (1) in section 20133(2), by striking ‘‘prop- (ii) incorporated under the laws of the Peo- (a) CERTAIN TECHNICAL DATA.—Section erty’’ and all that follows through ‘‘to the ple’s Republic of China; and 20131 of title 51, United States Code, is United States,’’ and inserting ‘‘Administra- (2) host official visitors from the People’s amended— tion personnel or of property owned or leased Republic of China at a facility belonging to (1) by redesignating subsection (c) as sub- by, or under the control of, the United or used by NASA. section (d); States’’; and (b) WAIVER.— (2) in subsection (a)(3), by striking ‘‘sub- (2) in section 20134, in the second sen- (1) IN GENERAL.—The Administrator, the section (b)’’ and inserting ‘‘subsection (b) or tence— Director, or the Chair may waive the limita- (c)’’; (A) by inserting ‘‘Administration personnel tion under subsection (a) with respect to an (3) by inserting after subsection (b) the fol- or any’’ after ‘‘protecting’’; and activity described in that subsection only if lowing: (B) by striking ‘‘, at facilities owned or ‘‘(c) SPECIAL HANDLING OF CERTAIN TECH- the Administrator, the Director, or the contracted to the Administration’’. NICAL DATA.— Chair, as applicable, makes a determination ‘‘(1) IN GENERAL.—The Administrator may SEC. 805. LEASE OF NON-EXCESS PROPERTY. that the activity— provide appropriate protections against the Section 20145 of title 51, United States (A) does not pose a risk of a transfer of public dissemination of certain technical Code, is amended— technology, data, or other information with data, including exemption from subchapter (1) in paragraph (b)(1)(B), by striking ‘‘en- national security or economic security im- II of chapter 5 of title 5. tered into for the purpose of developing re- plications to an entity described in para- ‘‘(2) DEFINITIONS.—In this subsection: newable energy production facilities’’; and graph (1) of such subsection; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00178 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7825 (B) does not involve knowing interactions or other transaction with the Administrator, including the Space Launch System and with officials who have been determined by a commercial or noncommercial entity shall Orion, from using the launch infrastructure the United States to have direct involvement certify that it is not majority owned or con- modernized under this section. with violations of human rights. trolled (as defined in section 800.208 of title SEC. 811. MISSIONS OF NATIONAL NEED. (2) CERTIFICATION TO CONGRESS.—Not later 31, Code of Federal Regulations), or minority (a) SENSE OF CONGRESS.—It is the Sense of than 30 days after the date on which a waiver owned greater than 25 percent, by— Congress that— is granted under paragraph (1), the Adminis- (1) any governmental organization of the (1) while certain space missions, such as trator, the Director, or the Chair, as applica- People’s Republic of China; or asteroid detection or space debris mitigation ble, shall submit to the Committee on Com- (2) any other entity that is— or removal missions, may not provide the merce, Science, and Transportation and the (A) known to be owned or controlled by highest-value science, as determined by the Committee on Appropriations of the Senate any governmental organization of the Peo- National Academies of Science, Engineering, and the Committee on Science, Space, and ple’s Republic of China; or and Medicine decadal surveys, such missions Technology and the Committee on Appro- (B) organized under, or otherwise subject provide tremendous value to the United priations of the House of Representatives a to, the laws of the People’s Republic of States and the world; and written certification that the activity com- China. (2) the current organizational and funding plies with the requirements in subparagraphs (b) FALSE STATEMENTS.— structure of NASA has not prioritized the (A) and (B) of that paragraph. (1) IN GENERAL.—A false statement con- funding of missions of national need. (c) GAO REVIEW.— tained in a certification under subsection (a) (b) STUDY.— (1) IN GENERAL.—The Comptroller General constitutes a false or fraudulent claim for (1) IN GENERAL.—The Director of the OSTP of the United States shall conduct a review purposes of chapter 47 of title 18, United shall conduct a study on the manner in of NASA contracts that may subject the Ad- States Code. which NASA funds missions of national need. ministration to unacceptable transfers of in- (2) ACTION UNDER FEDERAL ACQUISITION REG- (2) MATTERS TO BE INCLUDED.—The study tellectual property or technology to any en- ULATION.—Any party convicted for making a conducted under paragraph (1) shall include tity— false statement with respect to a certifi- the following: (A) owned or controlled (in whole or in cation under subsection (a) shall be subject (A) An identification and assessment of the part) by, or otherwise affiliated with, the to debarment from contracting with the Ad- types of missions or technology development Government of the People’s Republic of ministrator for a period of not less than 1 programs that constitute missions of na- China; or year, as determined by the Administrator, in tional need. (B) organized under, or otherwise subject addition to other appropriate action in ac- (B) An assessment of the manner in which to, the laws of the People’s Republic of cordance with the Federal Acquisition Regu- such missions are currently funded and man- China. lation maintained under section 1303(a)(1) of aged by NASA. (2) ELEMENTS.—The review required under title 41, United States Code. (C) An analysis of the options for funding paragraph (1) shall assess— (c) ANNUAL REPORT.—The Administrator missions of national need, including— (A) whether the Administrator is aware— shall submit to the appropriate committees (i) structural changes required to allow (i) of any NASA contractor that benefits of Congress an annual report detailing any NASA to fund such missions; and from significant financial assistance from— violation of this section. (ii) an assessment of the capacity of other (I) the Government of the People’s Repub- SEC. 809. SMALL SATELLITE LAUNCH SERVICES Federal agencies to make funds available for lic of China; PROGRAM. such missions. (II) any entity controlled by the Govern- (a) IN GENERAL.—The Administrator shall (c) REPORT TO CONGRESS.—Not later than 1 ment of the People’s Republic of China; or continue to procure dedicated launch serv- year after the date of the enactment of this (III) any other governmental entity of the ices, including from small and venture class Act, the Director of the OSTP shall submit People’s Republic of China; and launch providers, for small satellites, includ- to the appropriate committees of Congress a report on the results of the study conducted (ii) that the Government of the People’s ing CubeSats, for the purpose of conducting under subsection (b), including recommenda- Republic of China, or an entity controlled by science and technology missions that further tions for funding missions of national need. the Government of the People’s Republic of the goals of NASA. SEC. 812. DRINKING WATER WELL REPLACEMENT China, may be— (b) REQUIREMENTS.—In carrying out the FOR CHINCOTEAGUE, VIRGINIA. (I) leveraging United States companies program under subsection (a), the Adminis- that share ownership with NASA contrac- Notwithstanding any other provision of trator shall engage with the academic com- law, during the 5-year period beginning on tors; or munity to maximize awareness and use of (II) obtaining intellectual property or the date of the enactment of this Act, the dedicated small satellite launch opportuni- Administrator may enter into 1 or more technology illicitly or by other unacceptable ties. means; and agreements with the town of Chincoteague, (c) RULE OF CONSTRUCTION.—Nothing in Virginia, to reimburse the town for costs (B) the steps the Administrator is taking this section shall prevent the Administrator to ensure that— that are directly associated with— from continuing to use a secondary payload (1) the removal of drinking water wells lo- (i) NASA contractors are not being lever- of procured launch services for CubeSats. aged (directly or indirectly) by the Govern- cated on property administered by the Ad- SEC. 810. 21ST CENTURY SPACE LAUNCH INFRA- ministration; and ment of the People’s Republic of China or by STRUCTURE. an entity controlled by the Government of (2) the relocation of such wells to property (a) IN GENERAL.—The Administrator shall the People’s Republic of China; under the administrative control, through carry out a program to modernize multi-user (ii) the intellectual property and tech- lease, ownership, or easement, of the town. launch infrastructure at NASA facilities— nology of NASA contractors are adequately SEC. 813. PASSENGER CARRIER USE. (1) to enhance safety; and protected; and Section 1344(a)(2) of title 31, United States (2) to advance Government and commercial (iii) NASA flight-critical components are Code, is amended— space transportation and exploration. not sourced from the People’s Republic of (1) in subparagraph (A), by striking ‘‘or’’ at (b) PROJECTS.—Projects funded under the China through any entity benefiting from the end; program under subsection (a) may include— Chinese investments, loans, or other assist- (2) in subparagraph (B), by inserting ‘‘or’’ (1) infrastructure relating to commodities; ance. after the comma at the end; and (2) standard interfaces to meet customer (3) RECOMMENDATIONS.—The Comptroller (3) by inserting after subparagraph (B) the needs for multiple payload processing and General shall provide to the Administrator following: launch vehicle processing; recommendations for future NASA con- ‘‘(C) necessary for post-flight transpor- (3) enhancements to range capacity and tracting based on the results of the review. tation of United States Government astro- flexibility; and (4) PLAN.—Not later than 180 days after the nauts, and other astronauts subject to reim- (4) such other projects as the Adminis- date on which the Comptroller General com- bursable arrangements, returning from space trator considers appropriate to meet the pletes the review, the Administrator shall— for the performance of medical research, goals described in subsection (a). (A) develop a plan to implement the rec- monitoring, diagnosis, or treatment, or (c) REQUIREMENTS.—In carrying out the ommendations of the Comptroller General; other official duties, prior to receiving post- program under subsection (a), the Adminis- and flight medical clearance to operate a motor trator shall— (B) submit the plan to the appropriate vehicle,’’. (1) identify and prioritize investments in committees of Congress. SEC. 814. USE OF COMMERCIAL NEAR-SPACE BAL- projects that can be used by multiple users LOONS. SEC. 808. CONSIDERATION OF ISSUES RELATED and launch vehicles, including non-NASA TO CONTRACTING WITH ENTITIES (a) SENSE OF CONGRESS.—It is the sense of RECEIVING ASSISTANCE FROM OR users and launch vehicles; and Congress that the use of an array of capabili- AFFILIATED WITH THE PEOPLE’S RE- (2) limit investments to projects that ties, including the use of commercially PUBLIC OF CHINA. would not otherwise be funded by a NASA available near-space balloon assets, is in the (a) IN GENERAL.—With respect to a matter program, such as an institutional or pro- best interest of the United States. in response to a request for proposal or a grammatic infrastructure program. (b) USE OF COMMERCIAL NEAR-SPACE BAL- broad area announcement by the Adminis- (d) RULE OF CONSTRUCTION.—Nothing in LOONS.—The Administrator shall use com- trator, or award of any contract, agreement, this section shall preclude a NASA program, mercially available balloon assets operating

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00179 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7826 CONGRESSIONAL RECORD — SENATE December 18, 2020 at near-space altitudes, to the maximum ex- SEC. 818. REPORT ON MERITS AND OPTIONS FOR (1) use domestic suppliers of goods and tent practicable, as part of a diverse set of ESTABLISHING AN INSTITUTE RE- services; and capabilities to effectively and efficiently LATING TO SPACE RESOURCES. (2) ensure compliance with the Federal ac- meet the goals of the Administration. (a) REPORT.— quisition regulations, including subcontract (1) IN GENERAL.—Not later than 180 days flow-down provisions. SEC. 815. PRESIDENT’S SPACE ADVISORY BOARD. after the date of the enactment of this Act, (b) REVIEW.— Section 121 of the National Aeronautics the Administrator shall submit to the appro- (1) IN GENERAL.—Not later than 180 days and Space Administration Authorization priate committees of Congress a report on after the date of the enactment of this Act, Act, Fiscal Year 1991 (Public Law 101–611; 51 the merits of, and options for, establishing the Administrator shall undertake a com- U.S.C. 20111 note) is amended— an institute relating to space resources to prehensive review of the domestic supplier (1) in the section heading, by striking advance the objectives of NASA in maintain- preferences of the Administration and the ‘‘USERS’ ADVISORY GROUP’’ and inserting ing United States preeminence in space de- obligations of the Administration under the ‘‘PRESIDENT’S SPACE ADVISORY BOARD’’; and scribed in paragraph (3). Federal acquisition regulations to ensure (2) by striking ‘‘Users’ Advisory Group’’ (2) MATTERS TO BE INCLUDED.—The report compliance, particularly with respect to each place it appears and inserting ‘‘Presi- required by paragraph (1) shall include an as- Federal acquisition regulations provisions dent’s Space Advisory Board.’’ sessment by the Administrator as to wheth- that apply to foreign-based subcontractors. er— SEC. 816. INITIATIVE ON TECHNOLOGIES FOR (2) ELEMENTS.—The review under para- (A) a virtual or physical institute relating NOISE AND EMISSIONS REDUC- graph (1) shall include— TIONS. to space resources is most cost effective and (A) an assessment as to whether the Ad- (a) INITIATIVE REQUIRED.—Section 40112 of appropriate; and (B) partnering with institutions of higher ministration has provided funding for infra- title 51, United States Code, is amended— structure of a foreign-owned company or (1) by redesignating subsections (b) education and the aerospace industry, and the extractive industry as appropriate, State-sponsored entity in recent years; and through (f) as subsections (c) through (g), re- (B) a review of any impact such funding spectively; and would be effective in increasing information available to such an institute with respect to has had on domestic service providers. (2) by inserting after subsection (a) the fol- (c) REPORT.—The Administrator shall sub- lowing new subsection (b): advancing the objectives described in para- graph (3). mit to the appropriate committees of Con- ‘‘(b) TECHNOLOGIES FOR NOISE AND EMIS- (3) OBJECTIVES.—The objectives described gress a report on the results of the review. SIONS REDUCTION.— in this paragraph are the following: SEC. 821. REPORT ON UTILIZATION OF COMMER- ‘‘(1) INITIATIVE REQUIRED.—The Adminis- (A) Identifying, developing, and distrib- CIAL SPACEPORTS LICENSED BY trator shall establish an initiative to build uting space resources, including by encour- FEDERAL AVIATION ADMINISTRA- upon and accelerate previous or ongoing TION. aging the development of foundational work to develop and demonstrate new tech- science and technology. (a) IN GENERAL.—Not later than 1 year nologies, including systems architecture, (B) Reducing the technological risks asso- after the date of the enactment of this Act, components, or integration of systems and ciated with identifying, developing, and dis- the Administrator shall submit to the appro- airframe structures, in electric aircraft pro- tributing space resources. priate committees of Congress a report on pulsion concepts that are capable of substan- (C) Developing options for using space re- the benefits of increased utilization of com- tially reducing both emissions and noise sources— mercial spaceports licensed by the Federal from aircraft. (i) to support current and future space ar- Aviation Administration for NASA civil ‘‘(2) APPROACH.—In carrying out the initia- chitectures, programs, and missions; and space missions and operations. tive, the Administrator shall do the fol- (ii) to enable architectures, programs, and (b) ELEMENTS.—The report required by sub- lowing: missions that would not otherwise be pos- section (a) shall include the following: ‘‘(A) Continue and expand work of the Ad- sible. (1) A description and assessment of current ministration on research, development, and (4) DEFINITIONS.—In this section: utilization of commercial spaceports li- demonstration of electric aircraft concepts, (A) EXTRACTIVE INDUSTRY.—The term ‘‘ex- censed by the Federal Aviation Administra- and the integration of such concepts. tractive industry’’ means a company or indi- tion for NASA civil space missions and oper- ‘‘(B) To the extent practicable, work with vidual involved in the process of extracting ations. multiple partners, including small busi- (including mining, quarrying, drilling, and (2) A description and assessment of the nesses and new entrants, on research and de- dredging) space resources. benefits of increased utilization of such velopment activities related to transport (B) INSTITUTION OF HIGHER EDUCATION.—The spaceports for such missions and operations. category aircraft. term ‘‘institution of higher education’’ has (3) A description and assessment of the ‘‘(C) Provide guidance to the Federal Avia- the meaning given the term in section 101(a) steps necessary to achieve increased utiliza- tion Administration on technologies devel- of the Higher Education Act of 1965 (20 U.S.C. tion of such spaceports for such missions and oped and tested pursuant to the initiative.’’. 1001(a)). operations. (b) REPORTS.—Not later than 180 days after (C) SPACE RESOURCE.— SEC. 822. ACTIVE ORBITAL DEBRIS MITIGATION. the date of the enactment of this Act, and (i) IN GENERAL.—The term ‘‘space re- (a) SENSE OF CONGRESS.—It is the sense of annually thereafter as a part of the Adminis- source’’ means an abiotic resource in situ in Congress that— tration’s budget submission, the Adminis- outer space. (1) orbital debris, particularly in low-Earth trator shall submit a report to the appro- (ii) INCLUSIONS.—The term ‘‘space re- orbit, poses a hazard to NASA missions, par- priate committee of Congress on the progress source’’ includes a raw material, a natural ticularly human spaceflight; and of the work under the initiative required by material, and an energy source. (2) progress has been made on the develop- subsection (b) of section 40112 of title 51, SEC. 819. REPORT ON ESTABLISHING CENTER OF ment of guidelines for long-term space sus- United States Code (as amended by sub- EXCELLENCE FOR SPACE WEATHER tainability through the United Nations Com- section (a) of this section), including an up- TECHNOLOGY. mittee on the Peaceful Uses of Outer Space. dated, anticipated timeframe for aircraft en- (a) IN GENERAL.—Not later than 180 days (b) REQUIREMENTS.—The Administrator tering into service that produce 50 percent after the date of the enactment of this Act, should— less noise and emissions than the highest the Administrator shall submit to the appro- (1) ensure the policies and standard prac- performing aircraft in service as of Decem- priate committees of Congress a report as- tices of NASA meet or exceed international sessing the potential benefits of establishing ber 31, 2019. guidelines for spaceflight safety; and a NASA center of excellence for space weath- SEC. 817. REMEDIATION OF SITES CONTAMI- (2) support the development of orbital de- er technology. NATED WITH TRICHLOROETHYLENE. bris mitigation technologies through contin- (b) GEOGRAPHIC CONSIDERATIONS.—In the (a) IDENTIFICATION OF SITES.—Not later report required by subsection (a), the Admin- ued research and development of concepts. than 180 days after the date of the enactment istrator shall consider the benefits of estab- (c) REPORT TO CONGRESS.—Not later than of this Act, the Administrator shall identify lishing the center of excellence described in 90 days after the date of the enactment of sites of the Administration contaminated that subsection in a geographic area— this Act, the Administrator shall submit to with trichloroethylene. (1) in close proximity to— the appropriate committees of Congress a re- (b) REPORT REQUIRED.—Not later than 1 (A) significant government-funded space port on the status of implementing sub- year after the date of the enactment of this weather research activities; and section (b). Act, the Administrator shall submit to the (B) institutions of higher education; and SEC. 823. STUDY ON COMMERCIAL COMMUNICA- appropriate committees of Congress a report (2) where NASA may have been previously TIONS SERVICES. that includes— underrepresented. (a) SENSE OF CONGRESS.—It is the sense of (1) the recommendations of the Adminis- SEC. 820. REVIEW ON PREFERENCE FOR DOMES- Congress that— trator for remediating the sites identified TIC SUPPLIERS. (1) enhancing the ability of researchers to under subsection (a) during the 5-year period (a) SENSE OF CONGRESS.—It is the Sense of conduct and interact with experiments while beginning on the date of the report; and Congress that the Administration should, to in flight would make huge advancements in (2) an estimate of the financial resources the maximum extent practicable and with the overall profitability of conducting re- necessary to implement those recommenda- due consideration of foreign policy goals and search on suborbit and low-Earth orbit pay- tions. obligations under Federal law— loads; and

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00180 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7827 (2) current NASA communications do not several decades. And in the midst of The PRESIDING OFFICER. Without allow for real-time data collection, observa- this terrible, terrible pandemic, we objection, it is so ordered. tion, or transmission of information. have tens of millions of people who f (b) STUDY.—The Administrator shall con- cannot afford to go to a doctor. That is duct a study on the feasibility, impact, and PROPER AND REIMBURSED CARE unacceptable. cost of using commercial communications FOR NATIVE VETERANS ACT programs services for suborbital flight pro- I would say to my colleagues, let’s grams and low-Earth orbit research. get this package passed. Let’s make Mr. MCCONNELL. Mr. President, I (c) REPORT.—Not later than 18 months certain that we have direct payments ask unanimous consent that the Com- after the date of the enactment of this Act, to working families of this country, mittee on Indian Affairs be discharged the Administrator shall submit to Congress and with that I would withdraw my ob- from further consideration of H.R. 6237 and make publicly available a report that jection. and the Senate proceed to its imme- describes the results of the study conducted There being no objection, the Senate diate consideration. under subsection (b). proceeded to consider the joint resolu- The PRESIDING OFFICER. The f tion. clerk will report the bill by title. MAKING FURTHER CONTINUING Mr. MCCONNELL. I ask unanimous The legislative clerk read as follows: APPROPRIATIONS FOR FISCAL consent that the bill be considered read A bill (H.R. 6237) to amend the Indian YEAR 2021 a third time. Health Care Improvement Act to clarify the The PRESIDING OFFICER. Without requirement of the Department of Veterans Mr. MCCONNELL. Mr. President, I objection, it is so ordered. Affairs and the Department of Defense to re- ask unanimous consent that the Sen- imburse the Indian Health Service for cer- The joint resolution was ordered to a ate proceed to the immediate consider- tain health care services. ation of H.J. Res. 107. third reading and was read the third time. There being no objection, the com- The PRESIDING OFFICER. Without mittee was discharged, and the Senate Mr. MCCONNELL. I know of no fur- objection, it is so ordered. proceeded to consider the bill. The clerk will report the joint resolu- ther debate on the joint resolution. The PRESIDING OFFICER. If there Mr. MCCONNELL. I ask unanimous tion by title for the information of the consent that the bill be considered read Senate. is no further debate on the joint resolu- tion, the joint resolution having been a third time. The senior assistant legislative clerk The PRESIDING OFFICER. Without read as follows: read the third time, the question is, Shall the joint resolution pass? objection, it is so ordered. A joint resolution (H.J. Res. 107) making The joint resolution (H.J. Res. 107) The bill was ordered to a third read- further continuing appropriations for fiscal was passed. ing and was read the third time. year 2021, and for other purposes. Mr. MCCONNELL. I know of no fur- Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. Is there consent that the motion to reconsider ther debate on the bill. objection to proceeding to the meas- be considered made and laid upon the The PRESIDING OFFICER. If there ure? table. is no further debate, the bill having Mr. SANDERS. Reserving the right The PRESIDING OFFICER. Without been read the third time, the question to object. objection, it is so ordered. is, Shall the bill pass? The PRESIDING OFFICER. The Sen- The bill (H.R. 6237) was passed. ator from Vermont. f Mr. MCCONNELL. I ask unanimous Mr. SANDERS. Mr. President, last UNANIMOUS CONSENT AGREE- consent that the motion to reconsider week I indicated that it would be unac- MENT—TRIBUTE TO RETIRING be considered made and laid upon the ceptable for the Senate to recess for MEMBERS OF THE 116TH CON- table. the Christmas holidays without pro- GRESS The PRESIDING OFFICER. Without viding substantial direct payments to objection, it is so ordered. Mr. MCCONNELL. Mr. President, I the working families of our country f and to their children. ask unanimous consent that there be printed as a Senate document a com- AUTHORIZING THE SEMINOLE Majority Leader MCCONNELL and I do not agree on much, but as I understand pilation of materials from the CON- TRIBE OF FLORIDA TO LEASE it, we are in agreement on at least one GRESSIONAL RECORD in tribute to retir- OR TRANSFER CERTAIN LAND point, and that is that the Senate can- ing Members of the 116th Congress and Mr. MCCONNELL. Mr. President, I not go home until the COVID emer- that Members have until Monday, De- ask unanimous consent that the Com- gency relief bill is passed. The fact that cember 21, to submit such tributes. mittee on Indian Affairs be discharged the majority leader intends to keep the The PRESIDING OFFICER (Mr. BAR- from further consideration of S. 4079 Senate in session this weekend to con- RASSO). Without objection, it is so or- and the Senate proceed to its imme- tinue work on the COVID relief pack- dered. diate consideration. age is the correct decision. f The PRESIDING OFFICER. The But let me, at this time, be as clear clerk will report the bill by title. UNANIMOUS CONSENT AGREE- as I can be. Senator JOSH HAWLEY, a The legislative clerk read as follows: MENT—EXECUTIVE CALENDAR Republican from Missouri, and I have A bill (S. 4079) to authorize the Seminole been working together to make certain Mr. MCCONNELL. Mr. President, as Tribe of Florida to lease or transfer certain that the working families of this coun- in executive session, with respect to land, and for other purposes. try have a direct payment of $1,200 for the Somers nomination, I ask unani- There being no objection, the com- adults and $2,400 for couples and $500 mous consent that the motion to re- mittee was discharged, and the Senate for each of their children. Let me also consider be considered made and laid proceeded to consider the bill. be absolutely clear that I will object to upon the table and that the President Mr. MCCONNELL. I ask unanimous any attempt by the Senate to pass an be immediately notified of the Senate’s consent that the bill be considered read omnibus appropriations bill and leave action. a third time and passed and that the town before passing a COVID relief bill The PRESIDING OFFICER. Without motion to reconsider be considered with substantial direct payments going objection, it is so ordered. made and laid upon the table. to working people. f The PRESIDING OFFICER. Without The truth is that the working fami- objection, it is so ordered. lies of this country today are probably SIGNING AUTHORITY The bill (S. 4079) was ordered to be in a worse economic condition than at Mr. MCCONNELL. Mr. President, I engrossed for a third reading, was read any time since the Great Depression. ask unanimous consent that the major- the third time, and passed, as follows: Millions of people are unable to pay ity leader and the junior Senator from S. 4079 their rent, and they are worried about North Carolina be authorized to sign Be it enacted by the Senate and House of Rep- being evicted. Hunger is, literally, at duly enrolled bills or joint resolutions resentatives of the United States of America in the highest level that it has been in on December 18 and 19, 2020. Congress assembled,

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00181 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.015 S18DEPT1 dlhill on DSK120RN23PROD with SENATE S7828 CONGRESSIONAL RECORD — SENATE December 18, 2020 SECTION 1. APPROVAL NOT REQUIRED TO VALI- ment, and I ask unanimous consent Administrator of the Federal Emergency DATE CERTAIN LAND TRANS- that the motion be agreed to; and that Management Agency, in consultation with ACTIONS OF THE SEMINOLE TRIBE the motion to reconsider be made and the Administrator of the United States Fire OF FLORIDA. Administration, the Administrator of the (a) IN GENERAL.—Not withstanding any laid upon the table. Environmental Protection Agency, the Di- other provision of law, without further ap- The PRESIDING OFFICER. Without rector of the National Institute for Occupa- proval, ratification, or authorization by the objection, it is so ordered. tional Safety and Health, and the heads of United States, the Seminole Tribe of Florida f any other relevant agencies, shall— may lease, sell, convey, warrant, or other- (1) develop and publish guidance for fire- wise transfer all or any part of the interest CORRECTING THE ENROLLMENT fighters and other emergency response per- of the Seminole Tribe of Florida in any real OF S. 3312 sonnel on training, education programs, and property that is not held in trust by the best practices to— United States for the benefit of the Seminole Mr. MCCONNELL. Mr. President, I (A) reduce the exposure to per- and Tribe of Florida. ask the Chair to lay before the Senate polyfluoroalkyl substances (commonly re- (b) TRUST LAND NOT AFFECTED.—Nothing the House message to accompany S. ferred to as ‘‘PFAS’’) from firefighting foam in this section— Con. Res. 52. and personal protective equipment; and (1) authorizes the Seminole Tribe of Flor- The Presiding Officer laid before the (B) limit or prevent the release of PFAS ida to lease, sell, convey, warrant, or other- from firefighting foam into the environment; wise transfer all or any part of an interest in Senate the following message from the House of Representatives: (2) develop and issue guidance to fire- any real property that is held in trust by the fighters and other emergency response per- United States for the benefit of the Seminole Resolved, That the resolution from the Sen- sonnel on alternative foams, personal protec- Tribe of Florida; or ate (S. Con. Res. 52) entitled ‘‘Concurrent tive equipment, and other firefighting tools (2) affects the operation of any law gov- resolution to correct the enrollment of S. and equipment that do not contain PFAS; erning leasing, selling, conveying, war- 3312.’’, do pass with an amendment. and ranting, or otherwise transferring any inter- MOTION TO CONCUR (3) create an online public repository, est in any real property that is held in trust which shall be updated on a regular basis, on Mr. MCCONNELL. Mr. President, I by the United States for the benefit of the tools and best practices for firefighters and Seminole Tribe of Florida. move to concur in the House amend- other emergency response personnel to re- f ment and I ask unanimous consent duce, limit, and prevent the release of and that the motion be agreed to, and the exposure to PFAS. CARL NUNZIATO VA CLINIC motion to reconsider be considered (b) REQUIRED CONSULTATION.—In devel- Mr. MCCONNELL. Mr. President, I made and laid upon the table. oping the guidance required under subsection ask unanimous consent that the Sen- The PRESIDING OFFICER. Without (a), the Administrator of the Federal Emer- ate proceed to the immediate consider- gency Management Agency shall consult objection, it is so ordered. with appropriate interested entities, includ- ation of H.R. 5023, which was received f ing— from the House. (1) firefighters and other emergency re- The PRESIDING OFFICER. The PROTECTING FIREFIGHTERS FROM sponse personnel, including national fire clerk will report the bill by title. ADVERSE SUBSTANCES ACT OF service and emergency response organiza- The legislative clerk read as follows: 2019 tions; (2) impacted communities dealing with A bill (H.R. 5023) to name the Department Mr. MCCONNELL. Mr. President, I of Veterans Affairs community-based out- PFAS contamination; ask unanimous consent that the Sen- (3) scientists, including public and occupa- patient clinic in Youngstown, Ohio, as the ate proceed to the immediate consider- ‘‘Carl Nunziato VA Clinic’’. tional health and safety experts, who are ation of Calendar No. 409, S. 2353. studying PFAS and PFAS alternatives in There being no objection, the Senate The PRESIDING OFFICER. The firefighting foam; proceeded to consider the bill. clerk will report the bill by title. (4) voluntary standards organizations en- Mr. MCCONNELL. I ask unanimous The legislative clerk read as follows: gaged in developing standards for firefighter consent that the bill be considered read and firefighting equipment; A bill (S. 2353) to direct the Administrator (5) State fire training academies; a third time and passed and that the of the Federal Emergency Management (6) State fire marshals; motion to reconsider be considered Agency to develop guidance for firefighters (7) manufacturers of firefighting tools and made and laid upon the table. and other emergency response personnel on equipment; and The PRESIDING OFFICER. Without best practices to protect them from exposure (8) any other relevant entities, as deter- to PFAS and to limit and prevent the release objection, it is so ordered. mined by the Administrator of the Federal of PFAS into the environment, and for other The bill (H.R. 5023) was ordered to a Emergency Management Agency and the Ad- purposes. third reading, was read the third time, ministrator of the United States Fire Ad- and passed. There being no objection, the Senate ministration. f proceeded to consider the bill, which (c) REVIEW OF GUIDANCE.—Not later than 3 had been reported from the Committee years after the date on which the guidance MISSING PERSONS AND UNIDENTI- on Homeland Security and Govern- required under subsection (a) is issued, and FIED REMAINS ACT OF 2019 mental Affairs. not less frequently than once every 2 years thereafter, the Administrator of the Federal Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I Emergency Management Agency, in con- ask that the Chair lay before the Sen- ask unanimous consent that the bill be sultation with the Administrator of the ate the House message to accompany considered read a third time and passed United States Fire Administration, the Ad- S. 2174. and the motion to reconsider be consid- ministrator of the Environmental Protection The Presiding Officer laid before the ered made and laid upon the table with Agency, and the Director of the National In- Senate the following message from the no intervening action or debate. stitute for Occupational Safety and Health, House of Representatives: The PRESIDING OFFICER. Without shall review the guidance and, as appro- priate, issue updates to the guidance. Resolved, That the bill from the Senate (S. objection, it is so ordered. (d) APPLICABILITY OF FACA.—The Federal 2174) entitled ‘‘An Act to expand the grants The bill (S. 2353) was ordered to be Advisory Committee Act (5 U.S.C. App.) authorized under Jennifer’s Law and engrossed for a third reading, was read shall not apply to this Act. Kristen’s Act to include processing of un- the third time and passed as follows: identified remains, resolving missing persons f cases, and for other purposes.’’, do pass with S. 2353 GAO DATABASE MODERNIZATION amendments. Be it enacted by the Senate and House of Rep- ACT MOTION TO CONCUR resentatives of the United States of America in Congress assembled, Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- move to concur in the House amend- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Protecting ate proceed to the immediate consider- ment and I ask unanimous consent Firefighters from Adverse Substances Act of ation of Calendar No. 591, S. 4222. that the motion be agreed to. 2019’’ or the ‘‘PFAS Act of 2019’’. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without SEC. 2. GUIDANCE ON HOW TO PREVENT EXPO- clerk will report the bill by title. objection, it is so ordered. SURE TO AND RELEASE OF PFAS. The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, I (a) IN GENERAL.—Not later than 180 days A bill (S. 4222) to amend chapter 8 of title move to concur in the title amend- after the date of enactment of this Act, the 5, United States Code, to require Federal

VerDate Sep 11 2014 07:06 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00182 Fmt 4624 Sfmt 0634 E:\CR\FM\A18DE6.034 S18DEPT1 dlhill on DSK120RN23PROD with SENATE December 18, 2020 CONGRESSIONAL RECORD — SENATE S7829 agencies to submit to the Comptroller Gen- SECTION 1. SHORT TITLE. There being no objection, the Senate eral of the United States a report on rules This Act may be cited as the ‘‘GAO Data- proceeded to consider the bill. base Modernization Act’’. that are revoked, suspended, replaced, Mr. MCCONNELL. I ask unanimous amended, or otherwise made ineffective. SEC. 2. RULES NO LONGER IN EFFECT. consent that the bill be considered read There being no objection, the Senate Section 801(a)(1) of title 5, United States a third time. Code, is amended by adding at the end the proceeded to consider the bill, which PRESIDING OFFICER. Without ob- had been reported from the Committee following: ‘‘(D) For any rule submitted under sub- jection, it is so ordered. on Homeland Security and Govern- paragraph (A), if the Federal agency promul- The bill was ordered to a third read- mental Affairs, with an amendment, as gating the rule, in whole or in part, revokes, ing and was read the third time. follows: suspends, replaces, amends, or otherwise Mr. MCCONNELL. I know of no fur- (The part of the bill intended to be makes the rule ineffective, or the rule is ther debate on the bill. stricken is shown in boldface brackets made ineffective for any other reason, the The PRESIDING OFFICER. The bill and the part of the bill intended to be Federal agency shall submit to the Comp- having been read the third time, the inserted is shown in italic.) troller General a report containing— ‘‘(i) the title of the rule; question is, Shall the bill pass? S. 4222 ‘‘(ii) the Federal Register citation for the The bill (H.R. 8906) was passed. Be it enacted by the Senate and House of Rep- rule, if any; Mr. MCCONNELL. Mr. President, I resentatives of the United States of America in ‘‘(iii) the date on which rule was submitted ask unanimous consent that the mo- Congress assembled, to the Comptroller General; and tion to reconsider be considered made SECTION 1. SHORT TITLE. ‘‘(iv) a description of the provisions of the and laid upon the table. This Act may be cited as the ‘‘GAO Data- rule that are being revoked, suspended, re- The PRESIDING OFFICER. Without base Modernization Act’’. placed, amended, or otherwise made ineffec- objection, it is so ordered. SEC. 2. RULES NO LONGER IN EFFECT. tive.’’. Section 801(a)(1) of title 5, United States Mr. MCCONNELL. I ask unanimous f Code, is amended by adding at the end the consent that the motion to reconsider RECOGNIZING THE 25TH ANNIVER- following: be considered made and laid upon the ø‘‘(D) For any rule submitted under sub- SARY OF THE DAYTON PEACE table. ACCORDS paragraph (A), if the Federal agency promul- The PRESIDING OFFICER. Without gating the rule, in whole or in part, revokes, objection, it is so ordered. Mr. MCCONNELL. Mr. President, I suspends, replaces, amends, or otherwise ask unanimous consent that the Com- f makes the rule ineffective, or the rule is mittee on Foreign Relations be dis- made ineffective for any other reason, the HENRIETTA LACKS ENHANCING Federal agency shall submit to the Comp- charged from further consideration and troller General a report containing— CANCER RESEARCH ACT OF 2019 the Senate now proceed to S. Res. 729. ‘‘(i) the title of the rule; Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without ‘‘(ii) the Federal Register citation for the ask unanimous consent that the Com- objection, it is so ordered. rule, if any; mittee on Health, Education, Labor, The clerk will report the resolution ‘‘(iii) the date on which rule was submitted and Pensions be discharged from fur- by title. to the Comptroller General; and The legislative clerk read as follows: ‘‘(iv) a description of the provisions of the ther consideration of H.R. 1966 and the rule that are being revoked, suspended, re- Senate proceed to its immediate con- A resolution (S. Res. 729) recognizing the placed, amended, or otherwise made ineffec- sideration. 25th anniversary of the Dayton Peace Ac- tive.’’.¿ The PRESIDING OFFICER. Without cords. ‘‘(D) For any rule submitted under subpara- objection, it is so ordered. There being no objection, the com- graph (A), if the Federal agency promulgating The clerk will report the bill by title. mittee was discharged and the Senate the rule, in whole or in part, revokes, suspends, The legislative clerk read as follows: proceeded to consider the resolution. replaces, amends, or otherwise makes the rule A bill (H.R. 1966) to direct the Comptroller Mr. MCCONNELL. I know of no fur- ineffective, or the rule is made ineffective for General of the United States to complete a ther debate on the resolution. any other reason, the Federal agency shall sub- study on barriers to participation in feder- mit to the Comptroller General a report con- The PRESIDING OFFICER. If there ally funded cancer clinical trials by popu- taining— is no further debate, the question is on lations that have been traditionally under- ‘‘(i) the title of the rule; agreeing to the resolution. represented in such trials. ‘‘(ii) the Federal Register citation for the rule, The resolution (S. Res. 729) was if any; There being no objection, the com- agreed to. ‘‘(iii) the date on which rule was submitted to mittee was discharged and the Senate Mr. MCCONNELL. I ask unanimous the Comptroller General; and proceeded to consider the bill. consent that the preamble be agreed to ‘‘(iv) a description of the provisions of the rule Mr. MCCONNELL. I further ask and the motions to reconsider be con- that are being revoked, suspended, replaced, unanimous consent that the bill be sidered made and laid upon the table amended, or otherwise made ineffective.’’. read a third time and passed and the Mr. MCCONNELL. I ask unanimous with no intervening action or debate. motion to reconsider be considered The PRESIDING OFFICER. Without consent that the committee-reported made and laid upon the table with no amendment be agreed to and the bill, objection, it is so ordered. intervening action or debate. The preamble was agreed to. as amended, be considered read a third The PRESIDING OFFICER. Without time. (The resolution, with its preamble, is objection, it is so ordered. printed in the RECORD of September 30 The PRESIDING OFFICER. Without The bill (H.R. 1966) was ordered to a objection, it is so ordered. (legislative day, September 29), 2020, third reading, was read the third time, under ‘‘Submitted Resolutions.’’) The committee-reported amendment and passed. was agreed to. f The bill was ordered to be engrossed f for a third reading and was read the LIFESPAN RESPITE CARE CONGRATULATING THE NATIONAL third time. REAUTHORIZATION ACT OF 2020 URBAN LEAGUE ON 110 YEARS OF SERVICE Mr. MCCONNELL. I know of no fur- Mr. MCCONNELL. Mr. President, I ther debate on the bill, as amended. ask unanimous consent that the Sen- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. If there ate proceed to the immediate consider- ask unanimous consent that the Sen- is no further debate and the bill having ation of H.R. 8906, which was received ate proceed to the immediate consider- been read the third time, the question from the House. ation of S. Res. 808, which was sub- is, Shall the bill pass? The PRESIDING OFFICER. The mitted earlier today. The bill (S. 4222), as amended, was clerk will report the bill by title. The PRESIDING OFFICER. The passed, as follows: The legislative clerk read as follows: clerk will report the resolution by S. 4222 A bill (H.R. 8906) to amend title XXIX of title. Be it enacted by the Senate and House of Rep- the Public Health Service Act to reauthorize The legislative clerk read as follows: resentatives of the United States of America in the program under such title relating to life- A resolution (S. Res. 808) congratulating Congress assembled, span respite care. the National Urban League on 110 years of

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HONORING THE LIFE OF OFFICER spired others to join in on the mission, but has she’s made the last several months. All she JASON SHUPING also generated thousands of dollars in dona- wants to do is help whoever she can however tions to the local food bank at a time when she can during this heightened time of need. HON. RICHARD HUDSON families are experiencing greater food insecu- She’s very grateful for all the new people OF NORTH CAROLINA rity. she’s been able to connect with through the After spotting a woman in the Atlanta airport project. This story is a beautiful example of IN THE HOUSE OF REPRESENTATIVES holding a tissue to her face because she didn’t the leadership, altruism, and community spirit Friday, December 18, 2020 have a proper mask, Pat decided no one Iowans possess. I can’t thank Pat Rutherford Mr. HUDSON. Madam Speaker, I rise today should have to resort to such measures during enough for all she’s done to help the commu- to honor the life of a hero—Concord Police a global pandemic. She returned home and nity of Grimes, and I couldn’t be happier to Department Officer Jason Shuping. stayed busy during her precautionary quar- name her as Iowan of the Week. On the night of December 16, 2020, Officer antine by sewing high-quality fabric face f Shuping was among the first law enforcement masks people could wash and reuse. Pat put officers on the scene to respond to an at- up a public Facebook page where community REMEMBERING THE LIFE OF tempted carjacking. members could place orders for the free BISHOP RANCE LEE ALLEN The suspect opened fire, striking Officer masks, and hundreds of requests came in the Shuping and another first responder—Officer first day. It’s been nine months since then, HON. MARCY KAPTUR Kaleb Robinson. and the orders haven’t slowed. OF OHIO Though wounded, Officer Robinson, aged For months at the beginning of her effort, IN THE HOUSE OF REPRESENTATIVES 23-years-old, stood guard over his fellow offi- Pat was purchasing all the necessary mask Friday, December 18, 2020 cer as other officers arrived on the scene and supplies and sewing equipment from her own engaged the gunman. Robinson was rushed funds and was doing her best to keep up with Ms. KAPTUR. Madam Speaker, I rise today to the hospital and is expected to make a full orders as a solo volunteer. She’d spend hours to recognize the life of Bishop Rance Lee recovery. sewing in the basement each day and place Allen. Bishop Allen passed unexpectedly from Tragically, Officer Shuping lost his life, suc- completed masks on her front porch, publicly this life on October 31, 2020 leaving a wide- cumbing to the gunshot wound he sustained. urging those without a good face covering to spread legacy. Officer Shuping was just 25-years-old and come to her home and take what they need- Rance Lee Allen was born in Monroe, Michi- had been with the Concord Police Department ed. It was an expensive and time-consuming gan on November 19, 1948, the middle broth- for 18 months. endeavor, but Pat was determined to keep er between Tom and Steve. His was born one Prior to joining the department, Officer going. Demand kept up and her efforts caught of twelve children to Thomas and Emma Shuping graduated from UNC Pembroke and the attention of many, including Verlaine Faber Pearl. At an early age, he showed a passion East Rowan High School. He was an athlete and Pam West, who now spend several days for both music and preaching. By age nine he in both high school and college, as well as a each week in Pat’s basement helping sew and was travelling as a preacher in Michigan, Ohio North Carolina scholar graduate. keep up with new mask orders. and Indiana. After graduating from Monroe Officer Shuping not only leaves behind his As more people learned about Pat’s project, High School, he attended Monroe County loving family, but his entire Concord Police neighbors began donating supplies to help Community College. On December 1, 1970, Department Family led by Chief Gary Gacek— out. People would scour garage sales and de- Rance Allen married Ellen Marie Groves. an exceptional leader and my friend. liver boxes of fabric to Pat’s home. Several In 1978, Rance Allen was ordained as an Today, I urge my colleagues to join me in others volunteered to help Pat, Verlaine, and Elder of the Church of God in Christ, taking on praying for the family of fallen Officer Shuping, Pam finish masks by stitching on the elastic a position as associate pastor at Monroe’s Ho- as well as for healing for Officer Robinson and ear loops and sewing pleats. And people liness Temple. In 1985 Toledo’s New Bethel the entire Concord Police Department commu- began to leave monetary donations when Church was founded and Bishop Allen was nity. they’d pick up their mask orders. Rather than appointed its pastor, a position he held until We will never forget the sacrifice of Officer accept the donations herself, Pat began do- his death. Shuping and all those who put their lives on nating the money to the Grimes Storehouse, In 1995, Bishop Allen received an Honorary the line every day to keep our communities the local food bank. The effort has generated Doctorate of Divinity from Urban Bible Institute safe, as well as the sacrifice of their families. somewhere between $7,000 and $10,000 in of Detroit, Michigan. In 2011, Bishop Allen At this time, I ask my colleagues to join me donations for the Storehouse, including $900 was consecrated as Jurisdictional Prelate of to honor the life of Officer Shuping. in Fareway grocery gift cards Pat just dropped the Michigan Northwest Harvest Ecclesiastical f off to be included in Christmas baskets for Jurisdiction by the Church of God in Christ. In families in need. 2020, Bishop Allen earned a Doctorate of The- HONORING PAT RUTHERFORD AS Pat estimates she and her small band of fel- ology Degree from Kingdom University Inter- IOWAN OF THE WEEK low volunteers have sewn and donated more national of Orlando, Florida. than 5,000 masks since March. They’ve filled An anointed gospel singer and musician, he HON. CYNTHIA AXNE free orders and made donations to local nurs- founded the Rance Allen Group in 1967 with OF IOWA ing homes, health care facilities, teachers, a his brothers Tom and Steve, with Rance as IN THE HOUSE OF REPRESENTATIVES reservation in South Dakota, and beyond. the featured singer and also playing guitar and They linked up with MaskHelpers.org, a keyboard. Together for over 50 years, only the Friday, December 18, 2020 website used to connect individuals who need coronavirus pandemic temporarily stopped the Mrs. AXNE. Madam Speaker, I rise today to masks with those who make masks, in order group’s performances. The Rance Allen Group ask the House of Representatives to join me to expand their reach. They might be taking a released 21 albums, won six Stellar Awards, 3 in honoring Pat Rutherford, an extraordinary short break for the holidays, but they plan to Grammy Nominations, and have several other seamstress and community volunteer, as our get right back at it at the start of 2021. awards to the group’s credit. Iowan of the Week. Since March of this year, Pat is very humble about her efforts this Well known in the music world, Rance Allen Pat has dedicated the majority of her time to year. She’s lost track of exactly how many also performed with other music artists includ- sewing thousands of cloth face masks she masks she and her friends have made and of ing CeCe Winans, Kirk Franklin, Snoop Dogg gives away for free so Iowans can better pro- the exact dollar amount she’s been able to do- and Aretha Franklin. In 2015, Bishop Allen re- tect themselves from COVID–19. This volun- nate to the Grimes food pantry. Those num- ceived the highest honor of his musical career teer effort has now thoroughly become part of bers aren’t her focus, nor are the accolades by being invited and performing at the White her daily life. Her dedication has not only in- she so rightly deserves for the huge impact House in a tribute to the gospel music tradition

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.001 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS E1180 CONGRESSIONAL RECORD — Extensions of Remarks December 18, 2020 hosted by President Barack and First Lady and U.S. companies continue to be the largest pands reintegration and readjustment group Michelle Obama. source of direct foreign investment there. counseling retreats for women veterans and In 1998, The Rance Allen Group was in- Kazakhstan, a strong partner in Afghanistan, their family members, and bolsters call center ducted into the International Gospel Music Hall entered into an Enhanced Strategic Partner- services for women veterans. of Fame and Museum. In 2005, Rance Allen ship for the 21st Century with the United The bill eliminates barriers to care by staff- was awarded BMI’s Trailblazer of Gospel States in 2018, where the U.S. and ing every VA health facility with a dedicated Music Award. In 2009 the Black Academy of Kazakhstan agreed to heightened cooperation women’s health primary care provider, training Arts and Letters named him as one of the on political and security issues, Afghanistan clinicians, and retrofitting VA facilities to en- Great Men of Gospel. and other defense initiatives, terrorism, extre- hance privacy and improve the environment of Bishop Allen wove his ministry and his mism, rule of law, and human rights. care for women veterans. music into a tapestry which shone for the glory Additionally, as the COVID–19 pandemic In addition, the legislation bolsters sup- of God. His was a life well lived, and when he has caused a global public health and eco- portive services by providing access to legal completed his time on earth at age 71, his nomic crisis this year, Kazakhstan has been a services for women veterans, expanding child Lord called him home with the words in Mat- leader and valuable partner with the United care for veterans receiving VA health care, thew 25:21, ‘‘Well done, thou good and faithful States. President Tokayev, has shown leader- and requiring the Government Accountability servant: thou hast been faithful over a few ship in global health while working directly with Office (GAO) to report on VA’s efforts to sup- things, I will make thee ruler over many things: the U.S. Centers for Disease Control, which port homeless or at-risk women veterans. enter thou into the joy of thy Lord.’’ maintains a Central Asian office in And importantly, the bill improves access to To Bishop Allen’s wife Ellen, his brothers Kazakhstan. care and benefits for survivors of military sex- Thomas and Steve, his congregants and Madam Speaker, I applaud Kazakhstan’s ual trauma (MST) by expanding MST coun- countless friends, we hope the memory of this leadership, its progress, and its commitments seling to former Guard and Reserve members, great man brings comfort as his joyous life is to further political reforms that will secure its allowing VA to treat the physical health condi- tions of MST, and improving the claims proc- celebrated. leadership role in the international community. ess for MST survivors at the Veterans Benefits f I am watching with interest as Kazakhstan continues to strive to meet its international Administration. PERSONAL EXPLANATION commitments to freedom, human rights, de- Also included in the omnibus package be- mocracy, and the rule of law. I look forward to fore are several important provisions that I HON. MARTHA ROBY continuing to support Kazakhstan in its em- strongly support, including provisions directing brace of democratic standards. I wish the peo- VA to continue providing the disability benefits OF ALABAMA questionnaires online, streamlining veterans’ IN THE HOUSE OF REPRESENTATIVES ple of Kazakhstan a happy Independence Day and look forward to celebrating the Republic’s access to earned disability benefits. The bill lowers the age at which a surviving Friday, December 18, 2020 30th anniversary next year. spouse may still receive dependency indem- Mrs. ROBY. Madam Speaker, I was unable f nity compensation benefits at the point of re- to vote on Thursday, December 17, 2020. Had DEPENDABLE EMPLOYMENT AND marriage and increases VA’s funding cap from I been present, I would have voted as follows: LIVING IMPROVEMENTS FOR $5 million to $10 million annually to better as- YEA on Roll Call No. 245. VETERANS ECONOMIC RECOVERY sist states, territories and tribal governments in f ACT covering the increasing costs of operating and KAZAKHSTAN INDEPENDENCE DAY maintaining state-run veteran cemeteries. SPEECH OF I am very pleased that this eliminates co- HON. SHEILA JACKSON LEE payments for Native American veterans ac- HON. STEVE CHABOT cessing health care at VA and establishes an OF TEXAS OF OHIO Advisory Committee on Tribal and Indian Af- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES fairs to advise the VA Secretary on matters re- Wednesday, December 16, 2020 Friday, December 18, 2020 lating to Indian tribes, tribal organizations, and Ms. JACKSON LEE. Mr. Speaker, as a sen- Native American veterans. Mr. CHABOT. Madam Speaker, as a co- ior member of the Judiciary Committee and Mr. Speaker, this legislation requires VA to chair of the U.S. Kazakhstan Caucus, I rise the Homeland Security Committee, and review the entire scheduling process—for both today to acknowledge Republic of daughter-in-law of a beloved member of the in-house and non-VA care—in order to in- Kazakhstan’s Independence Day, which they Tuskegee Airmen who served our nation so crease veterans’ access to timely health care celebrated on December 16. It’s hard to be- heroically in World War II, I rise in strong sup- and to remove barriers to VA funding for orga- lieve that next year will mark the 30th anniver- port of the Senate Amendment to H.R. 7105, nizations in need of critical upgrades to keep sary of Kazakhstan’s independence. While the ‘‘Johnny D. Isakson and David P. Roe Vet- homeless veterans safe from the coronavirus. Kazakhstan still has considerable work to do, erans Health Care and Benefits Improvement Another important provision of the bill is the especially with respect to human rights and Act of 2020,’’ which keeps faith with what expansion of the Veteran Employment the rule of law, I applaud Kazakhstan for its President Lincoln called our solemn obligation Through Technology Education Courses for commitment to democracy and for continuing ‘‘to provide for them who have borne the bat- Training Providers (VET TEC) program to help to take the necessary steps toward a more tle, and their widow and their orphan.’’ veterans and servicemembers transition to ci- democratic and free society for all. I support this bipartisan omnibus legislation vilian life. Democracy requires constant work and vigi- because it provides support for women vet- In this time where the COVID–19 pandemic lance, and in Kazakhstan, President, Kassym- erans, expands benefits for homeless vet- has disrupted the lives of so many Americans, Jomart Tokayev, who assumed office in 2019, erans, and ensures servicemembers and vet- this legislation ensures that servicemembers has continued to focus on internal reforms erans impacted by the COVID–19 pandemic who contract COVID–19 while serving will be which initially began under former President will be cared for properly and compas- eligible for VA benefits and requires VA to Nazarbayev. These reforms have focused on sionately. take a more central and active role by devel- a variety of different areas including increasing Let me highlight some of the important ele- oping a plan to address the financial exploi- the openness of government and the govern- ments of this most important legislation. tation of veterans. ment’s responsiveness to the concerns of ordi- Title V of the bill incorporates H.R. 7105, The legislation requires VA to establish a nary Kazakh citizens. In that vein, Kazakhstan the Deborah Sampson Act, which the House national protocol for administering medical will hold parliamentary elections on January passed on November 12, 2019, to address in- exams for volunteer drivers providing transpor- 10, after recently made parliamentary reforms, equities and barriers that women veterans tation for veterans who are unable to safely such as ensuring certain minority party rights face when accessing VA care and benefits. get to and from their appointments. within parliament. Deborah Sampson Gannett was a Revolu- Finally, Mr. Speaker, this legislation assists As Kazakhstan prepares to turn thirty years tionary War veteran who served in the Conti- homeless veterans by improving VA’s ability to old, it is important to reaffirm the United nental Army from 1781 to 1783 and was award grant and per diem program funding to States’ commitment to Kazakhstan and to the awarded a full military pension for her military qualified providers of homelessness assist- bilateral relationship between the United service after years of petitioning Congress. ance services, expand HUD-VASH vouchers States and Kazakhstan. Kazakhstan remains Specifically the legislation creates a dedi- to veterans with other than honorable dis- an important ally and partner in Central Asia cated Office of Women’s Health at VA, ex- charges, provide legal services for homeless

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.003 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS December 18, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1181 veterans, and extend the coordination of case sought to empower other staff members to Former students and educators alike re- management services for homeless veterans. succeed and serve the American people, with member that Carl always had a kind word for Elsewhere in the area of housing, the bill humility and conviction. In addition to her out- everyone, encouraged students and made expands eligibility for VA Home Loan Guar- standing interpersonal skills, she has handled each one feel special. He is the perfect exam- anty Program to more members of the Na- all or her duties with responsibility, determina- ple of a person who quietly but surely makes tional Guard and Reserves, reduces the home tion, and leadership. a community great. loan funding fee for veterans impacted by dis- Besides her commitment to constituent serv- Mr. Wilkerson passed away on November asters, and extends home loan funding fee ice, Pichy has been a leader in Puerto Rico 22, 2020 and left behind a legacy of kindness rates through 2030. policy issues in Congress and has long advo- and compassion. My thoughts and prayers are In a provision especially timely, the bill pro- cated for statehood and full equality for our with his family and all who knew and loved vides retraining Assistance for Veterans and beloved Island. For forty years, Pichy has him. Mr. Wilkerson will live on in the hearts provides the VA and Labor Secretaries access been on the right side of history, always pro- and minds of all who felt his kindness and I to the Federal directory of new hires to assist viding good counsel with both frankness and join the entire community in honoring his quiet, in veterans employment, expand the VET TEC discretion to statehood leaders. For this, I am but extraordinary life. training program for more veterans, extend the truly grateful Madam Speaker, please join me today in Off-Base Transition Training program, and di- A devout Catholic, Pichy practices her faith honoring the life and legacy of Carl Wilkerson. rect VA to provide grants to community organi- living it by example every day, helping the f zations for veteran transition assistance pro- most vulnerable and disadvantaged members grams. of our society. IN HONOR OF CAPTAIN JAMIE D. Finally, the bill expands federal aid to coun- In short, Pichy is faith-filled, compassionate, CLARK ties for veterans’ cemeteries; increases funds loyal, and an effective manager, and all who for State, county, and tribal veterans’ ceme- have known and worked with her feel privi- HON. JOHN JOYCE teries operating and maintenance expenses; leged for it. Madam Speaker, I take this oppor- OF PENNSYLVANIA and provides urns and commemorative tunity to express my gratitude to Mrs. Idalia IN THE HOUSE OF REPRESENTATIVES plaques for deceased veterans. ´ Domınguez de Marty, our dear ‘‘Pichy’’, for Friday, December 18, 2020 Mr. Speaker, I strongly support these bipar- forty years of exceptional public service. tisan, common-sense reforms that would f Mr. JOYCE of Pennsylvania. Madam Speak- honor and provide for our veterans, who an- er, I rise to congratulate Captain Jamie D. swered the call of their nation and were willing PERSONAL EXPLANATION Clark of the Pennsylvania State Police on her to risk and give all so that we can remain free. upcoming retirement on January 8, 2021. Cap- I urge all Members to join me in voting to HON. HAROLD ROGERS tain Clark is currently the only female troop pass Senate Amendment to H.R. 7105, the OF KENTUCKY commander in the Commonwealth of Pennsyl- Johnny Isakson and David P. Roe, M.D. Vet- IN THE HOUSE OF REPRESENTATIVES vania. erans Health Care and Benefits Improvement Captain Clark joined the Pennsylvania State Friday, December 18, 2020 Act of 2020. Police in 1991. After graduating from the f Mr. ROGERS of Kentucky. Madam Speaker, Academy, she was assigned to Troop A in I was unable to vote on December 16, 2020. Greensburg, Pennsylvania. She has also HONORING MRS. IDALIA Had I been present, I would have voted YEA served on Troop D in Butler, Pennsylvania ´ DOMINGUEZ DE MARTY FOR 40 on Roll Call No. 244. and is currently the Commanding Officer of YEARS OF SERVICE AS A CON- f Troop G in Hollidaysburg, Pennsylvania. She GRESSIONAL STAFFER also has served on the Bureau of Criminal In- PERSONAL EXPLANATION vestigation, the Bureau of Gaming Enforce- HON. JENNIFFER GONZA´ LEZ-COLO´ N ment, and the Bureau of Training and Edu- OF PUERTO RICO HON. PETE STAUBER cation. IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA Captain Clark had served as a corporal, a sergeant, and a lieutenant before being pro- Friday, December 18, 2020 IN THE HOUSE OF REPRESENTATIVES moted to a captain in April of 2019. Addition- Miss GONZA´ LEZ-COLO´ N of Puerto Rico. Friday, December 18, 2020 ally, she graduated from the 392 Northwestern Madam Speaker, I rise today to recognize the Mr. STAUBER. Madam Speaker, due to School of Police Staff and Command. longest-serving Puerto Rican Congressional personal reasons, I had to miss votes on De- Captain Clark’s outstanding career in law staffer, Mrs. Idalia Domı´nguez de Marty, whom cember 16, 2020. Had I been present, I would enforcement across southwestern and everybody knows her by her nickname have voted YEA on Roll Call No. 244. southcentral Pennsylvania is a true legacy of ‘‘Pichy’’, for forty years of dedicated service. f service. On behalf of Pennsylvania’s 13th Pichy was born and raised in Guayama, Congressional District, I congratulate Captain Puerto Rico, with family, faith, and education HONORING THE LIFE AND LEGACY Clark on her retirement and wish her every at the center of her upbringing. A committed OF CARL WILKERSON continued happiness in the chapters to come. public servant, her career with the U.S. House f of Representatives began in 1980 under the HON. RICHARD HUDSON tenure of Congressman Robert Garcı´a, and in OF NORTH CAROLINA TRIBUTE TO THE LIFE OF FORMER COUNCILWOMAN CATHY 1990, Congressman Jose´ E. Serrano retained IN THE HOUSE OF REPRESENTATIVES her on his staff, where she has proven to be REYNOLDS one of the most reliable and trusted staffers Friday, December 18, 2020 on both New York and Puerto Rico issues. Mr. HUDSON. Madam Speaker, I rise today HON. DIANA DeGETTE Throughout her service in Congress, Pichy to honor the life and legacy of Carl Wilkerson, OF COLORADO has played a key role in mentoring younger a dear friend and inspiration to many through- IN THE HOUSE OF REPRESENTATIVES generations who are committed to public serv- out North Carolina’s Eighth Congressional Dis- ice. As an example of that vision, she was in- trict. Friday, December 18, 2020 strumental in the implementation of the Mr. Wilkerson was born on March 7, 1935 Ms. DEGETTE. Madam Speaker, I rise Co´rdova & Ferno´s Congressional Internship to the late Willie Wilkerson and Anna Irene today to recognize the life and achievements Program—an educational program created in White Wilkerson. A native of Rowan County, of Former Denver City Councilwoman Cathy 1993 by the Legislative Assembly of Puerto he served over 32 years as the custodian at Reynolds who passed away on Tuesday, No- Rico to provide outstanding college students China Grove Elementary School. vember 24, 2020 at the age of 75. on the Island the opportunity to spend a se- Mr. Wilkerson made a profound difference in Cathy was a leader, fighter and history mester in Washington, D.C. and enjoy the ex- this community. We often highlight educators maker from Colorado. She was a trailblazer- periences that before were available only to and their influence on the lives of children. Denver City Council’s first elected Council- students at mainland institutions. Carl Wilkerson made an impact on the lives of woman and also its longest serving member. In her role as Chief Administrator, she has all the children educated at China Grove Ele- Originally from Kansas City, Missouri, Cathy never sought credit for herself and has always mentary School. moved to Denver in the mid–1960’s when her

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.006 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS E1182 CONGRESSIONAL RECORD — Extensions of Remarks December 18, 2020 husband Rick accepted a position with Denver depths of the Great Depression, Oscar knew TRANSPARENCY AND EFFECTIVE Public Schools. Cathy had a strong desire to hard times and hard work early on. As a child ACCOUNTABILITY MEASURES give back to her new city, and she landed on he was already working long ten-hour days FOR VETERAN CAREGIVERS ACT the Denver City Council in 1975. alongside his family as sharecroppers picking SPEECH OF During her 28 years serving on City Council, cotton, peanuts and corn and earning less Cathy proved to be an effective and hard- than one dollar a day. This experience, along HON. SHEILA JACKSON LEE working elected official. Evidence of her with values earned from a devoutly Christian OF TEXAS achievements can be found throughout the re- IN THE HOUSE OF REPRESENTATIVES mother who believed in unconditional love and gion-from our world-renowned airport to our Wednesday, December 16, 2020 popular football stadium and convention cen- hard work, taught him that all people have ter. value and worth, that hard working people de- Ms. JACKSON LEE. Mr. Speaker, as a sen- But Cathy’s most important legacy was her serve to live decently, and that compassion ior member of the Judiciary Committee and unwavering and fearless commitment to social matters. the Homeland Security Committee, I rise in strong support of S. 2216, the ‘‘Transparency justice. When she moved lo ban assault weap- When he was thirteen years old, Oscar went ons in Denver, she faced numerous insults and Effective Accountability Measures for Vet- to work in the Norfolk Navy Yard when World and even threats against her own life with the eran Caregivers Act,’’ (Team Act), which War II created a shortage of workers. At age kind of grace and resolve that earned the re- strengthens transparency and communication spect of some of her fiercest opponents. And fifteen, he enlisted in the U.S. Army and saw for veterans and caregivers participating in the with similar fortitude, Cathy led the fight on tours of Germany, France and Belgium during program. changing local zoning ordinances so that the war. After the war ended and Oscar re- Mr. Speaker, it is fitting and proper that the LGBTQ individuals and those who are dif- turned home to Virginia, the GI Bill gave him VA provides stipends and support to care- ferently-abled could no longer be excluded the opportunity to go the school. He earned givers for wounded veterans. To be eligible for this program, veterans from living in certain neighborhoods. Truly, his Journeyman’s card as a pipefitter, finishing Cathy Reynolds was a force to be reckoned must have sustained or aggravated a serious his apprenticeship in 1952. Along the way injury in the line of duty on or after September with, as those with whom she served would Oscar met and married his wife Ruby, and to- quickly tell you; however, she was also fair, 11, 2001 and need personal care services for gether they raised their children Michael, supervision and protection to help them with and funny, and kind to everyone she met. Brian, Wesley and Donna. Not surprisingly, Cathy’s unique personal daily living activities. traits and organizing ability led her to fill key The young family moved to Toledo, Ohio, Caregivers can include family members or leadership roles, including the role of council and in 1956 Oscar began his career at the other members of the veteran’s support group president, a position in which she served five Chevrolet Transmission plant on Alexis Road that regularly help veterans recovering from in- times. Additionally, beyond the City Council, juries. where he promptly became involved in the Unfortunately, according to reports, care- Cathy’s leadership qualities and passion for UAW. In 1972 he was elected as the Skilled givers and veterans have been arbitrarily dis- social progress resulted in her serving two Trades Bargaining Representative of UAW charged or downgraded from the program, terms as president of the Colorado Municipal Local 14. He was elected the Local 14 Presi- with benefits subsequently revoked or re- League and chair of the National League of dent in 1978 and was re-elected to ten con- duced—often with little explanation or time to Cities. secutive terms. To date, Oscar Bunch is the appeal the decision. As a political activist and then a young state longest serving union local President in UAW In fact, the VA Office of the Inspector Gen- legislator in the 1990’s, I admired Cathy’s eral reported in 2018 that VA failed to ade- style—tough but accessible—and her unwav- history. An outstanding negotiator as labor leader, Oscar always looked out for the rank- quately manage the caregiver program and ering commitment to civil rights for all. Cathy recommended improvements and reforms. was a model for me as I fought at the state and-file, ensuring their voice was heard and The TEAM Veteran Caregivers Act takes a level for many of the issues she had success- their needs met. Among his lasting legacies is number of steps to improve the program. fully championed in Denver. Oscar Bunch park, a lovely greenspace be- First, the legislation ensures that all care- Put simply, Cathy Reynolds was a trail- tween the plant and the union hall he worked givers are included in the veterans’ medical blazing and tireless advocate on behalf of the to establish and dedicated in his name upon records. community she loved; and her longtime public his 2006 retirement, where the families of GM Currently, only certain caregivers partici- service was an inspiration to young leaders re- workers could gather. pating in the Caregiver Support Program are gardless of their gender. Though Cathy’s leg- included in veterans’ medical records. acy will remain alive for many decades to Oscar spent his career as a labor leader Including all caregivers in medical records come, her powerful presence will be deeply putting into practice the lessons he learned in strengthens communications between VA and missed. his youth. Humble and unassuming, nonethe- caregivers and recognizes them as part of the My heart goes out to her husband Rick Rey- less his words and actions carried great clinical team. nolds, as well as to their two children and four weight. He was well respected by labor, man- Second, the legislation requires a minimum grandchildren. I hope they find comfort in the agement and community. After retirement, standard of information in downgrade notifica- knowledge that their dear loved one was not Oscar dedicated his efforts to growing the To- tion letters in that it requires VA to provide an only a treasure and inspiration to them, but ledo Public Schools’ Toledo Technology Acad- explanation of downgrade or termination deci- also to the countless Denverites whose lives sions. emy to educate students in the skilled premier she touched. Caregivers have reported that their decision institution it has become. He remained an ac- f letters are sometimes missing important infor- tive participant in many community ventures. mation that would be necessary to file an ap- HONORING THE LIFE OF OSCAR Throughout his life both in public and pri- peal. BUNCH vate, Oscar Bunch sought to ensure a better Finally, the legislation extends benefits after life for the common man. He never forgot certain veterans are deemed ineligible for the HON. MARCY KAPTUR where he came from and carried with him his program. OF OHIO Caregivers have reported being dropped modest roots. He instilled those values in his IN THE HOUSE OF REPRESENTATIVES shortly after receiving a termination letter with- own family. We wish for his wife, Ruby, his out adequate time to appeal or make new ac- Friday, December 18, 2020 son and daughter Wes and Donna, his chil- commodations. Ms. KAPTUR. Madam Speaker, I rise today dren, grandchildren and great-grandchildren, This codifies a goal of maintaining care for to pay tribute to the life of Oscar Bunch. A Vir- his many friends, that they find some comfort an extended period of 150 days in certain ginian, strong and humble working man of un- in the memories they share and the gift of cases where a veteran is terminated from the common grace, Mr. Bunch passed from this Oscar Bunch’s life to them all, and for our en- program. life at age 90 on Friday, December 11, 2020 tire community. Mr. Speaker, this legislation is strongly en- surrounded by his family in his home. dorsed by Disabled American Veterans (DAV), Delivered by a midwife, Oscar Bunch was a charitable organization with the singular born to Myrtle and Edward Bunch on March focus and mission of empowering veterans to 12, 1930 in Portsmouth, Virginia. Born in the lead high-quality lives with respect and dignity.

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.012 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS December 18, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1183 In supporting the TEAM Veterans Care- globe and died on a Friday afternoon while re- A WORD OF THANKS TO GEORGIAN givers Act, DAV states: fueling his Toyota van, preparing to go . . . PARLIAMENTARIAN AND OSCE ‘‘Family caregivers are the unsung heroes somewhere. PA PRESIDENT GEORGE for thousands of severely injured veterans, as Chuck loved life. He was always headed to TSERETELI they not only perform complex medical and personal care tasks but are often the lifeline the next adventure—whether that was driving of many ill and injured veterans to lead dig- the Alcan Highway almost 50 times, ferrying HON. RICHARD HUDSON nified and independent lives. However, mis- aircraft across the continent, driving across OF NORTH CAROLINA management of the VA’s Program of Com- North Africa with his young family at the end IN THE HOUSE OF REPRESENTATIVES prehensive Assistance for Family Caregivers of the Algerian war, or sailing across the At- Friday, December 18, 2020 has, in far too many instances, caused the lantic. He believed in the best of human na- improper disruption or termination of bene- ture and was never cynical about the future. Mr. HUDSON. Madam Speaker, during this fits family caregivers need to support their challenging year I have periodically taken the veteran.’’ He was unafraid to try new things, but he didn’t always succeed. Lately, it was his re- floor to update my Congressional colleagues I support this bipartisan legislation because peated failures to master his ‘‘smart phone’’ on my continued work with our friends and al- it provides needed support for veterans who with 89-year-old fingers. lies across the Atlantic as we confront the can least afford to be without it, those disabled challenges facing Europe and beyond. This Born to Charles Sr. (Pappy) and Kathleen in connection with their service to our country. has included not only the direct impact of the Agnes (Nana) he, along with brother Richard I urge all Members to join me in voting to COVID pandemic itself on public and eco- (Dick) Sassara, grew up between Miami, the pass S. 2216, the TEAM Veteran Caregivers nomic health but also in regard to ongoing Panama Canal Zone, and Los Angeles. Meet- Act. issues like Russian aggression, the violation of ing his true love Ann at University HS in Los f human rights in Belarus and other countries, Angeles, the couple married while Chuck at- and the common threat all countries face from DON FOWLER tended UCLA. Upon graduation they had a terrorism. discussion; go back to Panama or see Alas- Today, I take the floor to praise one of our ka? In the spring of 1955, they drove north in HON. JOE CUNNINGHAM best friends and allies in these efforts, George a VW bus to build a life and help bring a new OF SOUTH CAROLINA Tsereteli, who is stepping down as President state into being. In the early 60’s Chuck ran IN THE HOUSE OF REPRESENTATIVES of the OSCE Parliamentary Assembly—the for the State House and quickly became the Friday, December 18, 2020 OSCE PA—as a result of leaving the par- Majority Leader and Finance Chair. In these Mr. CUNNINGHAM. Madam Speaker, I rise liament of the Republic of Georgia. During his roles he championed such important work as tenure as President, I have significantly deep- today to recognize the wonderful life of Don the 1964 Equal Rights Amendment, Women’s Fowler. ened my engagement in this valuable forum, Rights, and the creation of University of Alas- including being appointed by President Don Fowler fervently worked at improving ka Anchorage. His peers in the Legislature in- and molding the South Carolina Democratic Tsereteli earlier this year to serve as chair of cluded Nick Begich, Willie Hensley, Ted Ste- the OSCE PA committee dealing with security party to be inclusive, inspiring, and of strong vens and me. The group of us were often moral ground. He served as chairman of the matters. competitors, often allies, and after session George Tsereteli is a true leader. During his S.C. Democratic Party and Democratic Na- ‘‘happy-hour’’ compatriots, bound together by tional Party. Fowler served 30 years in the time as President of the OSCE PA, he has circumstance, a common purpose and shared spoken out forcefully against the violation of United States Army, was a member of the values. We were great friends and had great Washington Street United Methodist Church, the Helsinki Principles which guide relations respect for one another, whether we agreed or between OSCE countries and emphasized the and was a lifetime member of the NAACP. disagreed on the politics of the day. We need Fowler loved politics and he loved people. linkages between these principles. That in- more of that spirit of bipartisan friendship, not cludes condemning the Russian invasion of His years of educating spanned over five dec- less. ades and his teachings will be passed down Ukraine and other neighbors, including his by his beloved students for many decades to As an aviator Chuck flew commercial, multi own country of Georgia. That also includes come. engine aircraft and was an IFR rated pilot that condemning the violation of human rights that For none of us lives for ourselves alone, flew 161 different types of aircraft, logging is today so brutally evident in Belarus but has and none of us dies for ourselves alone. If we over 25,000 hours in planes as small as the in fact been an ongoing issue there as well as live, we live for the Lord; and if we die, we die Breezy to as large as the four engine Lock- in Russia and far too many other OSCE coun- for the Lord. So, whether we live or die, we heed Constellation. As a sailor he crossed the tries. True peace, in his view, requires respect belong to the Lord. Romans 7:8. Atlantic, made passages from Miami to Los for human rights. At the same time, George Don Fowler lived to serve his loved ones, Angeles, sailed solo from Seattle to Whittier worked with parliamentarians from across the his community, and the party he cherished, Alaska, and made several dozen trips to the OSCE region, respecting their more specific and he now rests in Heaven. My thoughts and Bahamas and beyond, finishing with an off- concerns on a variety of issues, from combat- prayers are with his family, friends, students, shore passage from Florida to the Carolina ting corruption to environmental protection, and anyone that was lucky enough to know Outer Banks with son Charlie, nephew Rick and giving them a venue to raise these issues the legend of Don Fowler. and friend Michel Bourquin in 2017. As a writ- in this multilateral forum. f er, his memoir ‘‘Propellers, Politics and Peo- In this sense, George Tsereteli represents ple: Chuck Sassara’s Alaska’’ is a testament his country well. He understands that, if the TRIBUTE TO CHUCK SASSARA to his skill as a storyteller and the craft of put- international community is to assist Georgia ting others first, in narrative and in life. with the challenges it faces, Georgians must make their contribution to security and co- HON. DON YOUNG He is survived by his proudest achievement: OF ALASKA operation across Europe, the OSCE region his sons Charlie and Richard, grandchildren and beyond. IN THE HOUSE OF REPRESENTATIVES Tyler, Rachael, and Annalyssa, and his George Tsereteli is also a true friend of the daughter-in-law Mary, Mimi Bourquin, his Friday, December 18, 2020 United States and of the Congress. He keeps nephew Rick and his wife Amy, their daughter Mr. YOUNG. Madam Speaker, I rise to pay in close contact with me and other Members Katy, niece Lisa and her daughters Alexandria tribute to a long-time friend and a great Alas- from both sides of the aisle. George does the kan, Chuck Sassara, who died this Fall at the and Gabrielle, and his sister-in-law, Ellen. same with our colleagues in the Senate. When age of 89, just weeks before turning 90, after Most of all, Chuck will be survived by the he visits the United States, George never fails living an incredible life. Chuck was born in De- raucous and wonderful stories he told to to reach out. In between, despite his heavy troit, Michigan on Oct 19, 1930, and we lost a friends over coffee and beer, the lives he schedule, George is always available when we great friend and Alaskan spirit on September saved, and the spirit of Alaska he imbued in need his input. In his speeches, George regu- 25, 2020. Chuck was an Aviator, Husband, everything he touched. All of us who knew him larly recognizes the good work done by the Father, Grandfather, State Legislator, Sailor, rest comfortably knowing he’s somewhere on U.S. Helsinki Commission. Advocate, Author, Businessman, Athlete, Sto- a broad reach, steering by starlight, and re- Finally, George Tsereteli understands that it ryteller and, an amazing Character. He is united with his beloved Ann. We love Chuck, is not only diplomats or parliamentarians who known and loved by thousands around the sail on and Godspeed. contribute to positive change. He has engaged

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.014 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS E1184 CONGRESSIONAL RECORD — Extensions of Remarks December 18, 2020 and supported those individuals who, as oppo- York County, where she handled torts, com- three separate occasions when Hurricanes sition leaders, journalists or human rights ad- mercial case, and a wide variety of other Gustav, Rita, and Katrina devastated regions vocates, act upon their own human rights to cases, including employment discrimination, of our country. His valiant efforts and those of defend the human rights of others, indeed insurance, and real estate. Justice Friedman is his fellow Guard members saved lives and those of all citizens. This was evident in his a long-term member of the New York County’s eased the pain inflicted by the storms’ destruc- support for efforts by many of us to hold ac- Center fore where she has handled mass tion on countless fellow Americans. countable those who were truly responsible for torts, including pharmaceutical and asbestos I would be remiss if I didn’t properly note the murder of Russian opposition figure Boris cases. that the families of our men and women in uni- Nemtsov, or his suggestions on how best to Long committed to improving access to jus- form also sacrifice much, especially when their respond to the assault on the citizenry today tice, Justice Friedman is a member of the New loved ones in the military deploy overseas. in Belarus. York County Lawyers Association (NYCLA) Two-parent families suddenly become one- Those of us who have engaged through the Justice Center and a former member of the parent families in a practical sense, with the OSCE PA will miss having George Tsereteli NYCLA Board of Directors. With the Justice obvious burden that ensues. Sergeant Thiele’s leading our debates from the dais, but I am Center, Justice Friedman chaired a Task wife of 20 years, Tyran, along with his children sure we will continue to have opportunities to Force on Housing Court. She also worked with Tanner and Addison, sacrificed along with him work with him in his future endeavors. I am NYCLA and other groups to organize a con- during his deployments, albeit in different also sure that, passing the gavel to Peter Lord ference that brough together a distinguished ways. Military families understand all too well Bowness of the United Kingdom as OSCE PA group of prosecutors, defense lawyers, judges the sacrifice represented by missed birthdays, President, he has left a healthy institution in and scholars to address the racial impacts of holidays, and other special occasions while capable hands. As the Assembly undertakes criminal prosecutions of arraignments through their loved ones are separated from them in this leadership transition, I want to assure my sentencing. Justice Friedman has also lec- service to their country. For this I want to ex- colleagues here in Congress and in the OSCE tured at the New York City Bar Association tend my sincere thanks to Sergeant Thiele’s PA of my own enduring commitment to ad- and at judicial seminars on various issues, in- family as well for their own dedication and vancing the interests of the United States and cluding legal ethics and torts. service to our nation. of its many friends and partners throughout After decades of dedicated service, Justice As Sergeant Thiele rose through the ranks the OSCE region. Friedman will be retiring on December 31, during his career, he personally trained hun- On a more personal note, I consider myself 2020. Her tenure has been highlighted by dili- dreds of AeroMed Evacuation personnel in blessed to call George Tsereteli my friend. He gent scholarship and thorough review of com- Tennessee in addition to leading multistate has mentored me, encouraged me, and given plex cases. Justice Friedman’s notable ability joint medical training efforts. He became me extraordinary opportunities to be a voice review and synthesize conflicting decisions known as a ‘‘proven leader’’ and a ‘‘superior for my constituents and our nation on the has been as asset to the New York County role model’’ by his own superiors, and I international stage. George’s humor and kind- Court, and she will be missed. couldn’t agree more. It is truly an honor to rep- ness have enriched my life and the lives of all Madam Speaker, I ask my colleagues to join resent this genuine, modem day patriot in the those who have been fortunate enough to me in recognizing the accomplishments of United States Congress. crossed his path. Justice Marcy S. Friedman and expressing ap- Madam Speaker, I ask that my colleagues Madam Speaker, please join me today in preciation for her contributions to the people of join me in congratulating Senior Master Ser- saluting the service of George Tsereteli as the New York. geant Timothy J. Thiele on his retirement, in longest serving leader in the history of the f thanking him and his family for their sacrifice OSCE PA as well as recognizing the impor- and service, and in wishing them well in all tance of continued Congressional engagement HONORING SENIOR MASTER their future endeavors. with the Parliamentary Assembly of the OSCE. SERGEANT TIMOTHY J. THIELE f f HON. JOHN W. ROSE IN RECOGNITION OF HON. MARCY MOROVIS NATIONAL CEMETERY OF TENNESSEE S. FRIEDMAN DEDICATION CEREMONY IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY Friday, December 18, 2020 HON. JENNIFFER GONZA´ LEZ-COLO´ N OF NEW YORK Mr. JOHN W. ROSE of Tennessee. Madam OF PUERTO RICO IN THE HOUSE OF REPRESENTATIVES Speaker, I rise today in tribute to a true patri- IN THE HOUSE OF REPRESENTATIVES Friday, December 18, 2020 otic Tennessean and American, Senior Master Friday, December 18, 2020 Mrs. CAROLYN B. MALONEY of New York. Sergeant Timothy J. Thiele. Sergeant Thiele Madam Speaker, I rise to pay tribute to Jus- will retire from the Tennessee Air National Miss GONZA´ LEZ-COLO´ N of Puerto Rico. tice Marcy S. Friedman. For the past three Guard later this month after 31 years of dedi- Madam Speaker, democracies like ours are decades, Justice Friedman has capably pre- cated service to his state and nation for which heavily supported by military service under- sided over New York City courts. Justice I offer him my most sincere and heartfelt taken by their citizens. In the United States, Friedman was appointed as a Judge of the thanks. soldiers rally under the flag to risk life and limb Housing Part of the Civil Court of New York Tennessee has long been known as ‘‘The to defend our liberty and the ideals that define City in 1991 and was elected to the Civil Court Volunteer State,’’ a nickname that was first our country. The responsibility the U.S. Con- in 1994. In 2000, Justice Friedman was heard after Tennessee sent a large contingent gress assumes to send them to war cannot be named a Supreme Court Justice by designa- of soldiers to help fight the British during the taken lightly, particularly when their service tion and assigned to the New York County Su- War of 1812. The moniker was solidified and also weighs heavily upon their family and preme Court, Civil Branch, to which she was forever etched into the history of our state in community. A weight that is disproportionally re-elected in 2004. In 2012, Justice Friedman 1846 when Tennessee was asked to send heavy upon the shoulders of the Puerto was named as a Justice of the Commercial 2,800 soldiers to help fight the Mexican-Amer- Ricans who have valiantly and honorably Division, Supreme Court, Civil Branch, New ican War, but over 30,000 Tennesseans vol- stepped forward to serve in harm’s way with- York County. For the past few years, Justice unteered to go. out enjoying full representation in the U.S. Friedman has served as the Residential Mort- Sergeant Thiele’s 31 years of volunteer mili- Congress. gage Backed Securities Judge, working on tary service is a modem manifestation of that Upon separation from the Armed Forces, some of the most complex cases in the courts. proud Tennessee legacy of honor and sac- Congress honors the military service of its Justice Friedman is a graduate of Smith rifice during which he deployed overseas elev- men and women by approving legislation that College, magna cum laude, and of the Univer- en separate times as a part of Operations authorizes a wide variety of benefits through sity of Pennsylvania School of Law, cum Iraqi Freedom, Enduring Freedom, Inherent the U.S. Department of Veterans’ Affairs. Of laude. She was an associate with Willkie, Farr Resolve, Freedom Sentinel, and New Dawn. all these benefits, one that due to its solemn and Gallagher LLP, a staff attorney with the Closer to home, and as a part of its unique nature faithfully demonstrate the eternal grati- Legal Aid Society Civil Division, and a man- dual role, the National Guard is often called tude of this nation towards its citizen soldiers aging attorney at MFY Legal Services. into action to provide relief and assistance is the interment of their remains in national Starting in 2000, Justice Friedman presided during ruinous natural disasters. Sergeant cemeteries. For those citizen soldiers that give over an Individual Assignment Part in New Thiele was an important part of such efforts on the ultimate sacrifice while in service and for

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18DE8.017 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS December 18, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E1185 those who after returning to civilian life suc- tic ports, the lifeblood of the American energy throughout Philadelphia who previously lacked cumb to sickness or age, the federal govern- and petrochemical industries. This industry this essential mode of transportation and free- ment has provided an extensive net of na- quietly forms the connective tissue that has dom. tional cemeteries where they are laid to rest enabled American energy to power the world. Mr. Guinan achieved this remarkable feat with honor and allow us to fulfill the solemn Without the ability to ensure that lightering can through a combination of years of his own oath that their service to the nation will never take place, there could be crude oil shortages hard work—finding and fixing a great many of be forgotten. for U.S. refineries resulting in the lack of pro- these bikes—and the generous donations of In fulfillment of that oath, today I have the duction of gasoline for our cars, jet fuel for our others, including his colleagues at SEPTA, honor to recognize the dedication of the planes, and heating oil to heat U.S. homes in where he worked for 30 years until his retire- Morovis VA National Cemetery, located within the winter. It is just that simple. ment. the boundaries of the Municipality of Morovis The problem in question stems from the dis- in my beautiful island of Puerto Rico. Strategi- connect between the visas that seafarers rely Chris Guinan embodies a commitment to cally located in the northern side of the island upon and the necessities of the employment the public good. His efforts to make life better and surrounded by an inspiring and peaceful contracts of lightering crews. These seafarers for Philadelphia’s children are a model for the tropical landscape, it will provide the perfect must transit through a U.S. port of entry and upwelling of selflessness and giving that has setting to honor our fallen soldiers while pro- remain on board their vessels operating in and kept America going through these difficult viding a protective sanctuary where their fami- out of U.S. waters for up to 180 days in order times. He embodies the spirit of Philadel- lies and friends can remember their lives and to perform their tasks as part of a lightering phia—and of America. mourn their passing. vessel crew, but, under current law, they can Madam Speaker, I ask my colleagues to join In the coming years, as the warm and moist only remain for 29 days without being granted me in extending our sincerest appreciation to earth of Morovis, Puerto Rico slowly embraces parole by Customs and Border Protection—a Chris Guinan for his—and his family’s—ex- the remains of the valiant citizen soldiers who cumbersome administrative process allowed traordinary work on behalf of our community. sailed to the far-flung battlefields of World War under U.S. law but one we should not have to II, Korea, Vietnam, the Middle East, and many rely upon. A fix is needed to replace this f other locations; and for those that will follow band-aid approach. By providing statutory au- on their steps in the defense of liberty, let’s thorization for liquid lightering crewmembers to IN MEMORY OF MICHAEL CETINA not forget that the quest to achieve full rights transit the United States for up to 180 days, and equality within the American democracy is this bill will streamline a cumbersome multi- seeded with their blood, sweat and tears. agency process and ensure that the domestic HON. SEAN CASTEN Their sacrifice compels us to continuously energy production and refining capacity that OF ILLINOIS strive to demolish any barriers that impede the underlines our economy and national security enjoyment of Life, Liberty and the Pursuit of can continue. For this reason, and this reason IN THE HOUSE OF REPRESENTATIVES happiness for all the citizens of our great na- alone, we introduced legislation to solve this Friday, December 18, 2020 tion. problem and provide certainty to this industry, f and thus to our economy. Mr. CASTEN of Illinois. Madam Speaker, I Unfortunately, we are now in the closing REINTRODUCTION OF H.R. 8768, rise today to honor and mourn the untimely days of the 116th Congress and have run out passing of Michael Cetina of Wheaton, Illinois. THE ‘‘KEEPING AMERICA’S EN- of time to enact this technical, but necessary, ERGY RESOURCES MOVING ACT’’ Mike passed away unexpectedly on Thanks- legislative fix. Therefore, I plan to reintroduce giving Day. our bipartisan bill, the ‘‘Keeping America’s En- HON. RANDY K. WEBER, SR. ergy Resources Moving Act,’’ in the opening Mike’s full and productive life touched so many and he will be deeply missed. His family OF TEXAS days of the 117th Congress, and I remain lost their beloved husband, father, and broth- IN THE HOUSE OF REPRESENTATIVES committed to solving this problem then. er, many lost a great friend, and Wheaton lost Friday, December 18, 2020 f a pillar of the community. Mr. WEBER of Texas. Madam Speaker, I PERSONAL EXPLANATION As a lawyer, Mike’s work ethic and commit- rise today, with my fellow Texan, Congress- ment to upholding the law and advocating for woman SYLVIA GARCIA, to bring attention to HON. GARRET GRAVES the vulnerable was an inspiration. Early in his my bill, H.R. 8768, the ‘‘Keeping America’s OF LOUISIANA legal career, Mike represented the people of Energy Resources Moving Act,’’ a bill that IN THE HOUSE OF REPRESENTATIVES DuPage County as an Assistant State’s Attor- would solve a thorny issue that has arisen in ney, and for the last 30 years he has advo- Friday, December 18, 2020 the U.S. lightering industry, and which affects cated on behalf of those who were needlessly our nation’s energy independence and our na- Mr. GRAVES of Louisiana. Madam Speaker, injured or killed through negligence or neglect. tional security. A bipartisan group of House I was absent for votes on December 16–17, He was very active in the legal community, members have worked with the House Judici- 2020. Had I been present, I would have voted where he led, mentored, and taught other law- ary Committee, the State Department, and YEA on Roll Call No. 244 (S. 2216); and YEA yers. Throughout his legal career, Mike dem- Customs and Border Protection to raise on Roll Call No. 245 (H.R. 3250). onstrated diligent, passionate and ethical pro- awareness of this critical problem and to iden- f fessionalism. tify a solution acceptable to the House, execu- tive agencies, and industry groups. I am grate- RECOGNITION OF CHRIS GUINAN Also an outstanding athlete, Mike gave his ful for the considerable work put in by my con- time and effort generously to the community gressional colleagues, the House Judiciary HON. BRENDAN F. BOYLE through coaching youth sports, including more Staff, and affected industry groups to craft this than a decade coaching and helping lead OF PENNSYLVANIA Wheaton youth football. Mike leaves a beau- legislative fix, and I hope that the House will IN THE HOUSE OF REPRESENTATIVES act soon to make it law. tiful legacy of hundreds of young athletes who For those who do not know, lightering is the Friday, December 18, 2020 learned from his mentorship, colleagues in the use of ‘‘lighter’’ vessel to load and off load Mr. BRENDAN F. BOYLE of Pennsylvania. law who were inspired by his professionalism, crude oil and natural gas from very large tank- Madam Speaker, it is my honor to recognize clients well-served by his advocacy, and an er ships whose draft is too deep to access Chris Guinan, a Philadelphia difference-maker, entire community who was enriched by his U.S. port facilities. Lightering vessels and the before the United States House of Represent- friendship. seafarers who work onboard these vessels are atives. Mr. Guinan has become a symbol of Madam Speaker, Mike Cetina was an out- key to supporting and maintaining our domes- the can-do neighborly spirit that is the embodi- standing man, and I ask that the House join tic energy exports and ensuring imports of ment of The City of Brotherly Love and Sis- me in expressing our profound gratitude for needed crude oil as feedstock for our domes- terly Affection. his life and service, and our deepest sympathy tic refiners along the Gulf Coast, in Southern Since 2011, Mr. Guinan, aided by his wife, to his wife of 33 years, Tammy, to their chil- California, and in Delaware. That is why the Cindy, his son, Christian, his daughter, dren, Danny, Tori, Allie, and Tommy, and to industry is vital to the transport of crude oil Lauren, and his granddaughter, Sophia, has the people of Wheaton, for this tremendous and natural gas both in and out of our domes- successfully donated 1,000 bikes to children loss.

VerDate Sep 11 2014 09:03 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A18DE8.020 E18DEPT1 dlhill on DSK120RN23PROD with REMARKS E1186 CONGRESSIONAL RECORD — Extensions of Remarks December 18, 2020 IN HONOR OF LIEUTENANT HONORING THE LIFE OF shoe conventions, and the shop grew through COLONEL MAYNARD H. GRAY PASQUALE DITERLIZZI its 73 years as he worked with his children Anita, Patsy, Mario, Tina, Dino and Mari and HON. MARCY KAPTUR his wife Juanita. Leading up to this last illness, HON. JOHN JOYCE OF OHIO Pasquale, age 97, still worked at the shop. OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES Not driving the last few years, he made sure someone in the family took him to the shop IN THE HOUSE OF REPRESENTATIVES Friday, December 18, 2020 every day. Ms. KAPTUR. Madam Speaker, I rise today Friday, December 18, 2020 In 1948, Pasquale DiTerlizzi married Juanita to recognize the life and legacy of Pasquale Gackstetter and together they raised six chil- DiTerlizzi. Mr. DiTerlizzi succumbed to the Mr. JOYCE of Pennsylvania. Madam Speak- dren, first in West Toledo and then on their coronavirus on December 8, 2020 after fight- er, I rise to congratulate Lieutenant Colonel family farm a short distance in Michigan. Maynard H. Gray of the Pennsylvania State ing as hard as he could for two weeks. As he The farm was a hive of activity with many Police on his upcoming retirement on January slipped into twilight his family was able to sur- special family events and a busy, active fam- 8, 2021. round him. He passed from this life on the ily. Deeply faithful, the DiTerlizzi family be- Lieutenant Colonel Gray joined the Pennsyl- holy day of the Feast of the Immaculate Con- ception, fitting for a Catholic man who humbly came synonymous with St. Anthony’s Catholic vania State Police in 1984. After graduating Church in Temperance soon after the move to from the academy, his first assignment was revered the Virgin Mary. The only son in an Italian immigrant family, the farm. For decades, Pasquale was a lead- based in Lykens, Pennsylvania. During his ca- ing parishioner at St. Anthony’s, where his reer, he also has served in Philipsburg, Pasquale DiTerlizzi became a fixture and a legend in his shoe shop’s neighborhood of family initiated its famous spaghetti dinner McConnellsburg, Philadelphia, Clearfield, Har- fundraisers. As the family grew, many wed- risburg, and Hollidaysburg. In Hollidaysburg, West Toledo, his St. Anthony’s Church family and the farm community of Temperance, dings, Catholic rites and family gatherings he served as the troop commander of Troop were celebrated at St. Anthony’s. G. Additionally, he also has served in the Sys- Michigan. Born the third child of Mauro and Lucy Pasquale DiTerlizzi leaves a legacy of life, tems and Process Review Division in the Bu- Saccucci DiTerlizzi, Pasquale attended St. love and faith to his children, grandchildren, reau of Integrity and Professional Standards Charles grade school and Libbey High School great-grandchildren, and extended family. Ev- and on the Bureau of Gaming Enforcement. in Toledo, Ohio. Immediately after graduation, eryone he knew received a strong handshake, He had served as a corporal, a sergeant, a Pasquale entered into U.S. military service, on a warm look in the eye and a smile. His lieutenant, a captain, and a major before being active duty 1941 to 1944, working as a welder Catholic faith held him strong through adver- promoted to a lieutenant colonel and the Dep- on ships. When he returned to Toledo after sity, joy and sorrow and it holds his family uty Commissioner of Staff in February of the war, his brother-in-law took him into his firmly now as they move forward. 2020. He also graduated from the 231st Ses- own shoe shop where he learned the art of As Pasquale DiTerlizzi journeyed home he sion of the FBI National Academy in 2007. shoemaking. In 1947, Pasquale opened up his was surely met by his wife Juanita and second Lieutenant Colonel Gray and his wife Susan own shoe shop on Upton Avenue in West To- wife Romelda, his daughter Anita, his sisters have six children, and three of them followed ledo, where it remains to this day. In addition Virginia, Antoinette and Lena, his parents, in his footsteps to join the Pennsylvania State to shoe repair, he took college courses to cousins, aunts and uncles who preceded him Police. On behalf of Pennsylvania’s 13th Con- learn how to make orthopedic shoes and be- in death. He lakes his leave as the Patriarch gressional District, I thank Lieutenant Colonel came adept at any leather repair of any kind of his family, but his spirit imbues them all. We Gray for his service to our Commonwealth, including saddles, riding gear, belts, coats and wish them comfort in memories as they forge and I wish the Gray family every continued purses. Even, his shop was the place to go for ahead and honor the life of this remarkable success. tap shoes. Family vacations were spent at man.

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HIGHLIGHTS Senate passed H.J. Res. 107, Further Additional Continuing Appropria- tions Act. Senate Protecting Firefighters from Adverse Substances Chamber Action Act: Senate passed S. 2353, to direct the Adminis- Routine Proceedings, pages S7647–S7830 trator of the Federal Emergency Management Agen- Measures Introduced: Seven bills and three resolu- cy to develop guidance for firefighters and other tions were introduced, as follows: S. 5063–5069, and emergency response personnel on best practices to S. Res. 806–808. Pages S7712–13 protect them from exposure to PFAS and to limit and prevent the release of PFAS into the environ- Measures Passed: ment. Page S7828 National Aeronautics and Space Administration GAO Database Modernization Act: Senate passed Authorization Act: Senate passed S. 2800, to author- S. 4222, to amend chapter 8 of title 5, United States ize programs of the National Aeronautics and Space Code, to require Federal agencies to submit to the Administration, after agreeing to the committee Comptroller General of the United States a report on amendment in the nature of a substitute, and the rules that are revoked, suspended, replaced, amend- following amendment proposed thereto: ed, or otherwise made ineffective, after agreeing to Pages S7650–82 the committee amendment. Pages S7828–29 Cruz Amendment No. 2718, in the nature of a substitute. Pages S7666–82 Henrietta Lacks Enhancing Cancer Research Act: Committee on Health, Education, Labor, and Further Additional Continuing Appropriations: Pensions was discharged from further consideration Senate passed H.J. Res. 107, making further con- of H.R. 1966, to direct the Comptroller General of tinuing appropriations for fiscal year 2021. the United States to complete a study on barriers to Page S7712 participation in federally funded cancer clinical trials PRC for Native Veterans Act: Committee on In- by populations that have been traditionally under- dian Affairs was discharged from further consider- represented in such trials, and the bill was then ation of H.R. 6237, to amend the Indian Health passed. Page S7829 Care Improvement Act to clarify the requirement of Lifespan Respite Care Reauthorization Act: Sen- the Department of Veterans Affairs and the Depart- ate passed H.R. 8906, to amend title XXIX of the ment of Defense to reimburse the Indian Health Public Health Service Act to reauthorize the pro- Service for certain health care services, and the bill gram under such title relating to lifespan respite Page S7827 was then passed. care. Page S7829 Seminole Tribe of Florida: Committee on Indian Dayton Peace Accords 25th Anniversary: Com- Affairs was discharged from further consideration of mittee on Foreign Relations was discharged from S. 4079, to authorize the Seminole Tribe of Florida further consideration of S. Res. 729, recognizing the to lease or transfer certain land, and the bill was 25th anniversary of the Dayton Peace Accords, and then passed. Pages S7827–28 the resolution was then agreed to. Page S7829 Carl Nunziato VA Clinic: Senate passed H.R. National Urban League 110 years: Senate agreed 5023, to name the Department of Veterans Affairs to S. Res. 808, congratulating the National Urban community-based outpatient clinic in Youngstown, League on 110 years of service empowering African Ohio, as the ‘‘Carl Nunziato VA Clinic’’. Page S7828 Americans and other underserved communities while D1108

VerDate Sep 11 2014 09:45 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18DE0.REC D18DEPT1 dlhill on DSK120RN23PROD with DIGEST December 18, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D1109 helping to foster a more just, equitable, and inclu- Dietz Nomination—Agreement: A unanimous- sive United States. Pages S7829–30 consent agreement was reached providing that at ap- House Messages: proximately 11 a.m., on Saturday, December 19, 2020, Senate resume consideration of the nomination Missing Persons and Unidentified Remains Act: of Thompson Michael Dietz, of New Jersey, to be a Senate agreed to the motion to concur in the amend- Judge of the United States Court of Federal Claims ment of the House of Representatives and in the for a term of fifteen years. Page S7830 title amendment to S. 2174, to the extent provided in advance in appropriations Act, the Attorney Gen- Nomination Confirmed: Senate confirmed the fol- eral is authorized to use funds appropriated for the lowing nomination: operationalization, maintenance, and expansion of the Charles A. Stones, of Kansas, to be a Member of National Missing and Unidentified Persons System the Board of Directors of the Federal Agricultural (NamUs) for the purpose of carrying out this Act. Mortgage Corporation. Page S7701 Page S7828 A unanimous-consent agreement was reached pro- viding that the motion to invoke cloture on the Enrollment Correction: Senate agreed to the mo- nomination, be withdrawn. Page S7701 tion to concur in the amendment of the House of Representatives to S. Con. Res. 52, to correct the en- Messages from the House: Page S7712 rollment of S. 3312. Page S7828 Measures Referred: Page S7712 Retiring Members Tributes—Agreement: A Additional Cosponsors: Page S7713 unanimous-consent agreement was reached providing Statements on Introduced Bills/Resolutions: that there be printed as a Senate document a com- pilation of materials from the Congressional Record in Pages S7713–H7810 tribute to retiring members of the 116th Congress, Additional Statements: and that members have until Monday, December 21, Amendments Submitted: Pages S7810–27 2020 to submit such tributes. Page S7827 Adjournment: Senate convened at 10 a.m. and ad- Signing Authority—Agreement: A unanimous- journed at 7:08 p.m., until 11 a.m. on Saturday, De- consent agreement was reached providing that the cember 19, 2020. (For Senate’s program, see the re- Majority Leader and Senator Tillis, be authorized to marks of the Majority Leader in today’s Record on sign duly enrolled bills or joint resolutions, on De- page S7830.) cember 18 and 19, 2020. Page S7827 Aenlle–Rocha Nomination: Senate continued con- sideration of the nomination of Fernando L. Aenlle- Committee Meetings Rocha, of California, to be United States District (Committees not listed did not meet) Judge for the Central District of California. Pages S7648–50, H7682–7701 No committee meetings were held. h House of Representatives H.R. 1031, to take certain land located in San Chamber Action Diego County, California, into trust for the benefit Public Bills and Resolutions Introduced: 12 pub- of the Pala Band of Mission Indians, and for other lic bills, H.R. 9025–9036; and 4 resolutions, H.J. purposes, with an amendment (H. Rept. 116–666); Res. 107–109; and H. Res. 1270 were introduced. H.R. 1162, to establish a grant program for the Pages H7277–78 funding of water recycling and reuse projects, and Additional Cosponsors: Page H7278 for other purposes, with an amendment (H. Rept. 116–667); Reports Filed: Reports were filed today as follows: H.R. 3723, to promote desalination project devel- H.R. 733, to provide for the transfer of certain opment and drought resilience, and for other pur- Federal land in the State of Minnesota for the benefit poses, with an amendment (H. Rept. 116–668, Part of the Leech Lake Band of Ojibwe (H. Rept. 1); 116–665);

VerDate Sep 11 2014 09:45 Dec 19, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18DE0.REC D18DEPT1 dlhill on DSK120RN23PROD with DIGEST D1110 CONGRESSIONAL RECORD — DAILY DIGEST December 18, 2020 H.R. 4299, to reauthorize through 2024 the Na- from disasters and natural hazards, and other related tional Geological and Geophysical Data Preservation environmental harm; Pages H7264–68 Program Act of 2005, with an amendment (H. Rept. Federal Advance Contracts Enhancement Act: S. 116–669); 979, to amend the Post-Katrina Emergency Manage- H.R. 5153, to assist Tribal governments in the ment Reform Act of 2006 to incorporate the rec- management of buffalo and buffalo habitat and for ommendations made by the Government Account- the reestablishment of buffalo on Indian lands, with ability Office relating to advance contracts, by a 2⁄3 an amendment (H. Rept. 116–670); yea-and-nay vote of 386 yeas to 1 nay, Roll No. H.R. 5347, to require the Secretary of the Interior 246; Pages H7268–70, H7271–72 to establish a grant program to close gaps in access to safe drinking water in disadvantaged commu- Drone Advisory Committee for the 21st Century nities, and for other purposes, with an amendment Act: S. 2730, to establish and ensure an inclusive (H. Rept. 116–671, Part 1); and transparent Drone Advisory Committee; and H.R. 5598, to provide for the protection of the Page H7270 Boundary Waters Canoe Area Wilderness and inter- Making further continuing appropriations for connected Federal lands and waters, including Voya- fiscal year 2021: H.J. Res. 107, making further geurs National Park, within the Rainy River Water- continuing appropriations for fiscal year 2021, by a shed in the State of Minnesota, and for other pur- 2⁄3 yea-and-nay vote of 320 yeas to 60 nays, Roll poses, with an amendment (H. Rept. 116–672); No. 247. Pages H7273–74 H.R. 644, to approve the settlement of the water Secret Service Overtime Pay Extension Act: The rights claims of the Navajo Nation in Utah, and for House agreed to take from the Speaker’s table and other purposes, with an amendment (H. Rept. pass S. 5036, to amend the Overtime Pay for Protec- 116–673); tive Services Act of 2016 to extend the Secret Serv- H.R. 4891, to provide for the conduct of certain ice overtime pay exception through 2023. Page H7272 water security measures in the Western United States, and for other purposes, with an amendment Recess: The House recessed at 2:15 p.m. and recon- (H. Rept. 116–674, Part 1); vened at 5 p.m. Page H7273 H.R. 1922, to amend the Internal Revenue Code Senate Referrals: S. 481 was held at the desk. S. of 1986 to include certain over-the-counter medical 1681 was held at the desk. S. 1782 was held at the products as qualified medical expenses, with an desk. S. 2165 was held at the desk. S. 3248 was amendment (H. Rept. 116–675); held at the desk. S. 4857 was held at the desk. S. H.R. 4479, to temporarily provide Common- 4971 was held at the desk. Pages H7272–73 wealth-only transitional worker permits for workers Senate Message: Message received from the Senate in construction occupations involved in disaster re- by the Clerk and subsequently presented to the covery, and for other purposes, with an amendment House today appears on pages H7272–73 . (H. Rept. 116–676, Part 1); H.R. 3794, to promote the development of renew- Quorum Calls—Votes: Two yea-and-nay votes de- able energy on public lands, and for other purposes, veloped during the proceedings of today and appear with an amendment (H. Rept. 116–677, Part 1); on pages H7271, H7273–74. and Adjournment: The House met at 10 a.m. and ad- H.R. 3879, to modify the procedures for issuing journed at 6:22 p.m. special recreation permits for certain public land units, and for other purposes, with amendments (H. Rept. 116–678, Part 1). Pages H7276–77 Committee Meetings Recess: The House recessed at 10:20 a.m. and re- No hearings were held. convened at 12 noon. Page H7263 Joint Meetings Suspensions: The House agreed to suspend the rules No joint committee meetings were held. and pass the following measures: f Safeguarding Tomorrow through Ongoing Risk Mitigation Act: S. 3418, to amend the Robert T. NEW PUBLIC LAWS Stafford Disaster Relief and Emergency Assistance (For last listing of Public Laws, see DAILY DIGEST, p. D1091) Act to allow the Administrator of the Federal Emer- H.R. 473, to authorize the Every Word We Utter gency Management Agency to provide capitalization Monument to establish a commemorative work in grants to States to establish revolving funds to pro- the District of Columbia and its environs. Signed on vide hazard mitigation assistance to reduce risks December 17, 2020. (Public Law 116–217)

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Saturday, December 19 12 noon, Sunday, December 20

Senate Chamber House Chamber Program for Saturday: Senate will resume consideration Program for Sunday: To be announced. of the nomination of Thompson Michael Dietz, of New Jersey, to be a Judge of the United States Court of Fed- eral Claims, and vote on the motion to invoke cloture thereon at 12 noon.

Extensions of Remarks, as inserted in this issue

HOUSE DeGette, Diana, Colo., E1181 Maloney, Carolyn B., N.Y., E1184 Gonza´ lez-Colo´ n, Jenniffer, Puerto Rico, E1181, E1184 Roby, Martha, Ala., E1180 Axne, Cynthia, Iowa, E1179 Graves, Garret, La., E1185 Rogers, Harold, Ky., E1181 Boyle, Brendan F., Pa., E1185 Hudson, Richard, N.C., E1179, E1181, E1183 Rose, John W., Tenn., E1184 Casten, Sean, Ill., E1185 Jackson Lee, Sheila, Tex., E1180, E1182 Stauber, Pete, Minn., E1181 Chabot, Steve, Ohio, E1180 Joyce, John, Pa., E1181, E1186 Weber, Randy K., Sr., Tex., E1185 Cunningham, Joe, S.C., E1183 Kaptur, Marcy, Ohio, E1179, E1182, E1186 Young, Don, Alaska, E1183

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