E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION

Vol. 167 WASHINGTON, SATURDAY, AUGUST 7, 2021 No. 142 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, August 10, 2021, at 10 a.m. Senate SATURDAY, AUGUST 7, 2021

The Senate met at 11 a.m. and was Mr. LEAHY. Mr. President, I suggest The PRESIDING OFFICER. Objec- called to order by the President pro the absence of a quorum. tions having been heard, the bills will tempore (Mr. LEAHY). The PRESIDING OFFICER. The be placed on the calendar. f clerk will call the roll. f The senior assistant legislative clerk PRAYER proceeded to call the roll. INVEST IN AMERICA ACT The Chaplain, Dr. Barry C. Black, of- Mr. SCHUMER. Mr. President, I ask Mr. SCHUMER. Mr. President, this fered the following prayer: unanimous consent that the order for morning, we resume consideration of Let us pray. the quorum call be rescinded. the bipartisan infrastructure bill. Precious Lord, Your power, mercy, The PRESIDING OFFICER. Without There will be a vote at noon to invoke and grace continue to sustain us. Your objection, it is so ordered. cloture on the substitute amendment, power energizes us to face the chal- f which will move the process forward by lenges that require more than human RECOGNITION OF THE MAJORITY the book. wisdom. Your mercy protects us when LEADER Democrats are very eager to start we fall short of your glory, and your voting on further amendments, but we grace gives us merit we don’t deserve. The PRESIDING OFFICER. The ma- need consent from the Chamber to Lord, empower our Senators for to- jority leader is recognized. schedule those amendment votes. We day’s journey, providing them with Mr. SCHUMER. Mr. President, first, I worked all day Thursday to come up confidence to draw near to You. May am going to do the administrative with an agreement with our Repub- they pass through this day in compan- stuff. lican colleagues on such a package but ionship with You, lifting their hearts f unfortunately were not able to. So we frequently in prayer. Give them wis- MEASURES PLACED ON THE can get this done the easy way or the dom to learn to be faithful stewards of CALENDAR—S. 2670 and S. 2671 hard way. In either case, the Senate the gifts You have provided. will stay in session until we finish our Mr. SCHUMER. Mr. President, I un- We pray in Your Holy Name. Amen. work. It is up to my Republican col- derstand there are two bills at the desk leagues how long it takes. f due for a second reading en bloc. I yield the floor. The PRESIDING OFFICER. The PLEDGE OF ALLEGIANCE The PRESIDING OFFICER. The Sen- clerk will read the bills by title for a ator from Vermont. The President pro tempore led the second time. Pledge of Allegiance, as follows: The senior assistant legislative clerk f I pledge allegiance to the Flag of the read as follows: United States of America, and to the Repub- INVEST IN AMERICA ACT A bill (S. 2670) to provide for redistricting lic for which it stands, one nation under God, reform, and for other purposes. Mr. LEAHY. Mr. President, I applaud indivisible, with liberty and justice for all. A bill (S. 2671) to amend the Federal Elec- what the majority leader just said. We f tion Campaign Act of 1971 to provide for ad- are here. A lot of Senators, both Re- ditional disclosure requirements for corpora- publicans and Democrats, have rear- RESERVATION OF LEADER TIME tions, labor organizations, Super PACs and ranged schedules to be here. Let’s go The PRESIDENT pro tempore. Under other entities, and for other purposes. forth and do the country’s business. If the previous order, the leadership time Mr. SCHUMER. Mr. President, in people have amendments they want, is reserved. order to place the bills on the calendar bring them up. Vote them up or vote The PRESIDING OFFICER (Mr. under provisions of rule XIV, I would them down. But let’s just get on and do KELLY). The Senator from Vermont. object to further proceedings en bloc. our work.

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

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VerDate Sep 11 2014 00:25 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.000 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S5994 CONGRESSIONAL RECORD — SENATE August 7, 2021 My Appropriations Committee staff is imperfect. This isn’t exactly the bill to build the lives that they want. worked very, very hard with both the I would have written on my own in my Democrats want to force them to live Republican and Democratic side on the office, and 99 of my colleagues would the lives the Democrats want. parts of this piece of legislation that say the very same thing. This is a com- The stakes in this debate could not required work from the Appropriations promise product crafted by colleagues be higher, and very soon the country Committee. They have worked week- with big, principled differences in a will see it aired out here right on the ends, evenings—long, long days—draft- Senate with the narrowest possible Senate floor. ing and redrafting and redrafting to split. The Democratic leader will be put- make sure that people on both sides ap- But in my view, what our early ting the full radicalism of the far left proved of what they wanted. Now, the statesmen called ‘‘internal improve- right here on this floor. He is making American people expect us to vote. We ment’’ is a core government responsi- every one of his Members vote on noth- are here. Let’s vote. bility. The American people need ing less—nothing less—than Chairman I am happy to see Republican amend- roads, bridges, ports, and airports to SANDERS’ dream shopping list. Every ments or Democratic amendments build their businesses, build their fami- American family will know exactly come up. But it is one thing to talk lies, and build their lives. Republicans where their Senator stands. about them on the news shows or on so- and Democrats have radically different f cial media or trying to talk to the visions these days, but both those vi- NOMINATION OF DAVID H. press in the halls and make sound sions include physical infrastructure CHIPMAN that works for all of our citizens. bites; it is another thing to actually Mr. MCCONNELL. On one final mat- vote. Let’s vote. Let’s let people know As the Kentucky Farm Bureau wrote to me recently, the investments this ter, I have already discussed how the where we stand. That is how the people Biden administration has nominated a in our State know where we stand. bill will make are not just necessary; in many cases they are overdue. Our proud and proven opponent of Ameri- Frankly, those who are afraid they can’s constitutional rights to run the may cast a vote that creates prob- country has real needs in this area. There are many outstanding amend- Bureau of Alcohol, Tobacco, Firearms, lems—but we are not here to cast only ments that are important, that would and Explosives. popular votes. I have cast more votes improve this legislation, and that de- I don’t think there could be any more than all but one person in the history serve votes before the Senate is asked evidence that David Chipman is the of this country. I have cast well over to vote on the final passage of this bill. wrong choice to serve as the top Fed- 16,000, almost 17,000 votes. I am sure I The full Senate deserves its full chance eral administrator of firearms policy. can go back over those votes and find to shape this important legislation. I He has a long record of hostility to some and say: Hmm, in retrospect, I hope Senators can work together in a lawful gun owners, a variety of com- might have voted the other way. But I bipartisan way to get more amend- plaints from those who worked with him in the past. voted. ments up and continue improving this What we are doing in not bringing How could it get worse? important bill. Our colleagues on both Mr. Chipman has suggested radical this up and getting this done, we are sides deserve to be heard. trying to vote ‘‘maybe.’’ I don’t know and sweeping steps, like banning pri- anybody in my State, Republican or f vate sales that are lawful, overriding Democrat, who elected Senators to say: GOVERNMENT FUNDING State laws, and imposing sweeping re- strictions on a class of weapons he has We want you to vote ‘‘maybe.’’ No. We Mr. MCCONNELL. The Democratic yet to clearly define. want you to vote. leader is indicating, in a few days, he It doesn’t mean the people of my Among some current and former ATF will thrust the Senate into an agents, he has earned a concerning rep- State will agree on every vote. I hope ultrapartisan showdown over the stag- that they will agree on a lot of them. utation as a ‘‘bully’’ and ‘‘activist’’ geringly reckless taxing-and-spending whose extreme views threaten to un- But I will represent my State. I will spree that Democrats want to ram represent my conscience. But I will dermine the trust the Agency needs to through later this year. conduct oversight. And sources within represent the Senate, and I will rep- The size and the scope of Chairman the ATF have also come forward de- resent my oath of office. My oath of of- SANDERS’ socialist shopping list will scribing alleged racially discrimina- fice is not to just sit here and do noth- make every disagreement we had in tory comments the nominee made in ing but talk to the press and others; landing the infrastructure compromise the workplace regarding personnel de- my oath of office is, I respect the Con- look like a rounding error—new perma- cisions. stitution, and I will vote. So let’s hope nent welfare with no work require- So even a few days ago, it was not they vote. ments, reams of Green New Deal man- difficult to realize this is an instance I suggest the absence of a quorum. dates, massive tax hikes that shrink in which the Senate, on a bipartisan The PRESIDING OFFICER. The wages and kill jobs, government med- basis, should take a pass. But some- clerk will call the roll. dling in childcare that would privilege how, in just the last few days, it has The senior assistant legislative clerk certain families’ choices over others, actually gotten worse. proceeded to call the roll. amnesty for illegal immigrants in the Earlier this week, news reports indi- Mr. MCCONNELL. Mr. President, I middle of a border crisis. cated that Mr. Chipman had failed to ask unanimous consent that the order At a time Democrats’ spending al- disclose to our colleagues on the Judi- for the quorum call be rescinded. ready—already—has inflation ham- ciary Committee a TV appearance he The PRESIDING OFFICER. Without mering American families, Republicans made several years ago. This wasn’t objection, it is so ordered. could not be more eager to debate our just any TV appearance; Mr. Chipman f colleagues on all of these subjects. We had granted an interview to a propa- can’t wait to get Democrats on record ganda network overseen by the Chinese RECOGNITION OF THE MINORITY over many more trillions—trillions—of Government. LEADER dollars and reckless borrowing to fund A new letter to the Senate, signed by The PRESIDING OFFICER. The Re- socialist spending on radical policies seven former career ATF agents, publican leader is recognized. that families are not asking for. summed it up this way: Mr. Chipman’s f Our philosophy is the polar opposite. views and record would ‘‘create serious Republican policies would create good and long-lasting problems for the Bu- INVEST IN AMERICA ACT jobs, strong wage growth, and stable reau and the effective execution of its Mr. MCCONNELL. Mr. President, prices for middle-class families, just law enforcement mission.’’ today, the Senate will decide whether like our country had just a year and a The Senate has spent quite enough to move the bipartisan infrastructure half ago—the most pro-worker econ- time flirting with this profoundly mis- bill closer toward a final vote. omy in a generation, just a year and a guided nomination. The American peo- Like I said before, I am quite con- half ago. ple deserve a trustworthy steward lead- fident that, out of 100 U.S. Senators, Republicans want to give working ing the ATF, with a record of respect- there are 100 of us who believe the bill families the tools and the opportunity ing their rights and respecting his or

VerDate Sep 11 2014 00:25 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.001 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S5995 her colleagues. It is long past time the transit, and housing infrastructure— award $2 billion in competitive grants Biden administration revisit this deci- without adding to the cost of this legis- over 5 years to improve and expand sion and send us somebody who fits lation. roads and bridges in rural America. I that description. I plan to vote for cloture at 12 noon am especially excited that this pro- f because this infrastructure legislation gram has a 25-percent set-aside for makes important investments in our projects that support the completion of CONCLUSION OF MORNING Nation’s future. I am a West Virginian, the Appalachia Development Highway BUSINESS and all West Virginians and all Ameri- System, otherwise known as ADHS. The PRESIDING OFFICER. Morning cans will benefit from the roads, That set-aside means ADHS projects in business is closed. bridges, water infrastructure, West Virginia are eligible to compete f broadband, and other modes of core in- for $500 million over 5 years in discre- frastructure that would be financed tionary grants. This package will move LEGISLATIVE SESSION through this bill, but I believe some- our Corridor H project along signifi- --- thing more foundational than infra- cantly because we know that that INVESTING IN A NEW VISION FOR structure is at stake here. project will be getting $195 million, and THE ENVIRONMENT AND SUR- We need to demonstrate to the Amer- this grant program opens up the possi- FACE TRANSPORTATION IN ican people that we can work together bility of more. This is a vital connec- tion in our State for our tourism and AMERICA ACT—Resumed in this Congress to pass major legisla- tion that benefits our country and, I our economy. It also will open us up The PRESIDING OFFICER. Under might add, legislation that we have even broader to the east coast. the previous order, the Senate will re- passed more than a few times in the West Virginia will receive $506 mil- sume consideration of H.R. 3684, which past. Infrastructure is that perfect lion to refund and repair our State’s the clerk will report. place to do that. bridges, addressing a critical need cer- The senior assistant legislative clerk Senator CARPER and I led the Envi- tainly in our State and across the Na- read as follows: ronment and Public Works Committee tion. This funding is part of the single A bill (H.R. 3684) to authorize funds for with the surface transportation reau- largest investment in bridge infra- Federal-aid highways, highway safety pro- thorization bill, and the Presiding Offi- structure since the construction of the grams, and transit programs, and for other cer is on that committee. We passed Interstate Highway System. purposes. that out of our committee with unani- Briefly, the bill recognizes that Pending: mous support, and we also passed a broadband is core infrastructure and Schumer (for Sinema) amendment No. 2137, drinking water bill that passed out of prioritizes unserved communities. This in the nature of a substitute. our committee with unanimous sup- is the area I have gotten really the Carper-Capito amendment No. 2131 (to port but also out of this body with 89 most questions about: What is this amendment No. 2137), to strike a definition. votes. Both of those bills are included going to do for West Virginia, for the The PRESIDING OFFICER. The Sen- in this package in their entirety. Bi- digital divide areas that are still ator from West Virginia. partisan bills reported by Commerce unserved? Today, education, tourism, Mrs. CAPITO. Mr. President, this and the Energy Committees are also healthcare all rely on high internet week, the Senate has been considering included. speeds. I launched my Capito Connect historic infrastructure legislation. I certainly appreciated Chairman Initiative in 2015 to help expand We have seen a lot of positives in this CARPER’s leadership and partnership broadband infrastructure in our State. process. Twenty-two amendments have throughout the entire process. I appre- Many communities that lack adequate been processed, and 12 of those amend- ciate the efforts of our colleagues in broadband are already struggling eco- ments have been adopted. Many of the G–22 who have worked with each nomically. It is impossible to compete those are bipartisan amendments that other tirelessly and with the Biden ad- our fellow Senators have worked on to- for jobs if a community cannot offer ministration to get us to this point. good internet service, causing these gether. We will soon have a chance to ad- areas to fall even further behind. And I On Thursday, we saw the process hit vance this infrastructure legislation will say, since the pandemic, rural a snag. We have colleagues who sin- toward final passage. Is this bill per- cerely want to debate their remaining America—as we have known who live fect? No—no compromise legislation in rural America—is a great and won- amendments, but we had objections ever is—but it will make a big dif- that prevented our votes from moving derful place to live. More people in con- ference in modernizing our country’s gested areas are realizing there are a forward. In my view, that is unfortu- infrastructure. More than that, we will nate. I want everybody’s voice to be lot more pluses in rural America than demonstrate that both Republicans and what, maybe, they might have realized heard because a number of the amend- Democrats can come together and do ments awaiting action would actually over a year ago. big things that move our country for- The bill invests $65 billion to help fix improve this legislation, and, again, we ward. our country’s digital divide. That fund- have consensus on both sides on that. I I have just a bit of a recitation to re- ing would support a formula-based hope we can reach agreement on a mind folks what is in this bill. I will grant program to States and also sup- package of amendments that can re- try to speed this part up. ports competitive grants, like the ceive votes before we pass this bill in The bill provides $303.5 billion over 5 USDA’s ReConnect Program. final. years for Federal highway programs—a Additionally, this bill makes large In particular, I support an amend- 35-percent increase. That investment investments in clean and safe drinking ment that Senator CORNYN from Texas represents historic funding for our water; it provides resources that will would like to offer to allow States to roads and bridges and provides States put West Virginians to work cleaning use previously appropriated COVID with the long-term certainty that they up our abandoned mines and orphaned funding to finance infrastructure need and flexibility that they need to wells. projects. complete projects. Every Senator could stand here and When I began negotiating with the The bill ensures that 90 percent of tell similar stories about the invest- White House in April and May, this was the funding is distributed by formula— ment that this bill will make in his or one of the things that I put on the very predictable. It gives the States her own State. This is the perfect time table with the President, and I know the certainty they need to prioritize for us to come together toward the end the G–20 has also had this on the table their projects. For West Virginia, that of a summer that has been full of stops with the President. So it has been a means over $3 billion over 5 years. That and starts, and we need to pass this topic of great discussion both here in is a huge investment for our State and legislation that will benefit every the Senate but also with the White much needed. American. House as well. The Cornyn-Padilla This bill also creates something that I hope my colleagues will join me to amendment would unlock tens of bil- I am passionate about, the Rural Sur- advance this important legislation to- lions of dollars—more for highway, face Transportation Grant Program to ward its passage.

VerDate Sep 11 2014 00:25 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.003 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S5996 CONGRESSIONAL RECORD — SENATE August 7, 2021 I yield the floor. we had transit, and our policies really Today, our Interstate System is a I suggest the absence of a quorum. didn’t consider them as a united, uni- critical national asset, carrying over a The PRESIDING OFFICER. The fied, integrated system, which is how quarter of all motor vehicle travel in clerk will call the roll. most commuters and most travelers in our Nation—over one-quarter—despite The legislative clerk proceeded to our Nation really thought it to be. being only 1 percent of all lane miles. call the roll. ISTEA sought to change that. ISTEA These highways have enabled a sig- Mr. CARPER. Mr. President, I ask sought to change that by requiring in- nificant expansion of truck movement, unanimous consent that the order for tegrated regional planning of transpor- including supporting local businesses, the quorum call be rescinded. tation systems that accounted for and interstate commerce, international The PRESIDING OFFICER. Without better facilitated connections amongst trade, and providing Americans with objection, it is so ordered. our highways, our rail, and our transit access to low-cost goods and services. Mr. CARPER. Mr. President, I ask to enable more efficient freight move- Along with the many benefits of unanimous consent to be able to com- ment and more efficient movement of interstate highways have come indis- plete my remarks this morning. people. putable costs. Highways have spawned The PRESIDING OFFICER. Without It was around the same time that we sprawling auto-dependent and develop- objection, it is so ordered. also integrated our transportation pol- ment patterns that exacerbate green- Mr. CARPER. Mr. President, well, icy with the Clean Water Act, which house gas emissions, thus compro- soon we are going to vote on cloture, represented a major strengthening of mising our efforts to deal with a chang- and we will move toward, I hope, con- our pollution laws to respond to urban ing climate. cluding our consideration of the Infra- smog, acid rain, ozone depletion, and Interstate highways divided commu- structure Investment and Jobs Act. other air pollution problems. nities and were often intentionally I have spoken, as our Presiding Offi- For the first time, transportation built through minority and low-income cer knows, over the last few days quite planning was obliged to take into ac- neighborhoods, becoming tangible evi- a bit as to why the legislation we are count pollution from mobile sources dence of racism. Today, more than considering today is so important. and take steps to reduce the consider- 36,000 people lose their lives each year I think that as we prepare to take able contribution of transportation to on our roadways. While we seek to this vote, though, we ought to take our pollution. maintain the mobility benefits of the maybe just another minute or two and Today’s legislation substantially Federal-aid highway system, we must reflect on the bill’s merits and the builds on our historic efforts to reduce also acknowledge and address these needs that it will address—important dangerous emissions like greenhouse significant detriments. needs it will address—for our country. gases and particulate matter that spew We have been at the hard work of In my opening statement, several from too many of our cars, our buses, transportation policy for a long, long days ago, I reminded the Senate that and other modes of transportation. time in this country, and we have en- the state of our Nation’s infrastructure Congress took another major leap in joyed major success, benefiting our currently ranks and rates at a C-minus transportation policy a few years later, people and our economy. And if we are in 1998, in fact, with the Transpor- according to the American Society of honest with ourselves, we have made tation Equity Act for the 21st Century, Civil Engineers. That is not the infra- quite a few mistakes along the way, di- also known as TEA–21, which focused structure that the American people viding communities with poorly con- on improving safety while advancing want or need in the 21st century. sidered projects and developing a trans- America’s economic growth and com- In the jurisdiction of the Environ- portation sector that produces twice as petitiveness. ment and Public Works Committee, much greenhouse gas emissions as any Nearly 10 years later, in 2005, as other country’s transportation sector. which Senator CAPITO and I are privi- transportation fatalities reached a 10- We have an opportunity to learn leged to lead and which the Presiding year high of over 43,000 people—over from both success and failure, and we Officer is a new member of, this bill in- 43,000 people—President George W. must account for new challenges that cludes language that will make his- Bush, son of Herbert Walker Bush, were not on our radar screen in the toric investments in our roads, our signed into law the Safe, Accountable, past—not the least of which are the se- highways, and our bridges—a 34 per- Flexible, Efficient Transportation Eq- rious threat of climate change and the cent increase, if you will, over the last uity Act: A Legacy for Users. That is a obvious specter of environmental injus- 5 years. The bill will also reauthorize long title, but we found an acronym for tice. our drinking water and our water sani- it, SAFETEA–LU, in 2005. Today, we are rising to the challenge. tation programs at robust new levels. At its core, the key was that this leg- The bill before us, the Infrastructure As we take this vote, I think it is im- islation improved highway transpor- Investment and Jobs Act, includes, portant to reflect on our past efforts. I tation safety through the creation of among other provisions, the largest want to go back in time and why this the Highway Safety Improvement Pro- Federal investment in public transit in vote is so important today. gram to reduce highway fatalities. history; the largest investment in Since I first joined the Congress as a Then, in 2012, President Obama clean drinking water and wastewater brandnew freshman Congressman from signed into law the Moving Ahead for infrastructure in history; the largest Delaware in 1982, we have updated our Progress in the 21st Century Act, investment in clean energy trans- transportation laws in this country known as MAP–21. Responding to con- mission in history; the largest invest- some eight times—eight times. With cerns about the growth of the number ment in climate resiliency in history; each of these efforts we have tried to of small programs, MAP–21 sought to and the largest investment in transpor- improve our policies, address gaps, in- simplify the highway program struc- tation electrification in history. corporate new information, and deliver ture, provide more flexibility to Infrastructure policy is a little bit needed resources. States, while also increasing their ac- like an aircraft carrier. The Presiding The modern era of these transpor- countability and focusing on perform- Officer, who just left the podium, re- tation laws began in 1991. George Her- ance outcomes, including safety, asset tired as a Navy Captain, and so did I. bert Walker Bush was the President, conditions, congestion, and air quality. He and I both spent a lot of time in air- and Congress passed and then Presi- Congress reauthorized our transpor- planes, and he spent a fair amount of dent Bush signed into law legislation tation laws most recently in 2015, when time in outer space as an astronaut. called the Intermodal Surface Trans- President Obama signed into law the But we have both spent some time on portation Efficiency Act, or ISTEA, as Fixing America’s Surface Transpor- aircraft carriers, and we know you it was called at the time—ISTEA. tation Act, or FAST. can’t turn an aircraft carrier on a Until ISTEA legislation was adopt- The FAST Act focused on freight dime. With the Infrastructure Invest- ed—enacted and signed into law—as a movement, supported with new for- ment and Jobs Act, as we say in the matter of Federal policy, we divided mula and competitive grants for high- Navy, we are ‘‘coming hard about.’’ transportation into separate systems. way and intermodal freight, as well as Coming hard about. The carrier is We had, on the one hand, highways; an- a focus on Federal and State freight turning. We are finally recognizing cli- other hand we had rail; another hand planning efforts. mate change and addressing it. We are

VerDate Sep 11 2014 00:25 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.005 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S5997 recognizing some of the mistakes of in- san, Sheldon Whitehouse, Amy Klo- Churchill quotes is, when asked when frastructure policy in the past and fix- buchar, Christopher A. Coons, Mark R. he was being thrown out of office at ing them. Warner, Patrick J. Leahy. the end of World War II—he was asked Before I call for us to invoke cloture, The PRESIDING OFFICER. By unan- by reporters outside of 10 Downing I am channeling today, of all people, imous consent, the mandatory quorum Street: Mr. Churchill, for you, is this Winston Churchill. I love Churchill. I call has been waived. the end? know he is quoted by a lot of my col- The question is, Is it the sense of the He said: It is not the end. This is not leagues as well. One of my favorite Senate that debate on amendment No. the beginning of the end. quotes from Winston Churchill is, ‘‘The 2137, offered by the Senator from New He said: This is the end of the begin- further back we look, the further for- York, [Mr. SCHUMER] for the Senator ning. ward we see.’’ Another one I especially from Arizona, [Ms. SINEMA] and the While we are grateful for everybody like from Churchill is, ‘‘You can al- Senator from Ohio, [Mr. PORTMAN] to who voted for cloture, it is not the end, ways count on America to do the right H.R. 3684, a bill to authorize funds for but it takes us a step closer to the end. thing in the end after trying every- Federal-aid highways, highway safety I just want to thank everybody who thing else.’’ programs, and transit programs, and came in, took the time to get here to It would seem, as we have gone for other purposes, shall be brought to vote. We are prepared to take the next through this legislative process, that a close? step. It involves some additional nego- we have tried just about everything The yeas and nays are mandatory tiations. A lot of folks have amend- else. We had a lot of surprisingly good under the rule. ments they want to offer. Some of debate here on this floor. Senator CAP- The clerk will call the roll. those that are not germane I think will ITO, my colleague and partner in the The bill clerk called the roll. largely fall away. There are legitimate, Environment and Public Works Com- Mr. DURBIN. I announce that the germane amendments that still need to mittee, has done a great job. But we Senator from Georgia (Mr. WARNOCK), be negotiated and may require some have seen a lot of amendments of- is necessarily absent. unanimous consent votes. fered—over 20—to this bill. I think Mr. THUNE. The following Senators This is another step, important step. most of them were bipartisan. A bunch are necessarily absent: the Senator I am grateful that we could be this far. of them have been adopted. from Wyoming (Mr. BARRASSO), the I note Senator CAPITO feels the same The other thing I would just offer Senator from North Carolina (Mr. way. from Churchill is another one of my fa- BURR), the Senator from South Caro- AMENDMENT NO. 2633 vorites: lina (Mr. GRAHAM), the Senator from Mr. CARPER. Madam President, I Democracy is the worst form of govern- Florida (Mr. RUBIO), and the Senator call up amendment No. 2633 to H.R. ment devised by the wit of man . . . from South Carolina (Mr. SCOTT). 3684. Democracy is the worst form of govern- The result yeas and nays resulted— The PRESIDING OFFICER. The ment devised by the wit of man . . . yeas 67, nays 27, as follows: clerk will report. This is a hard way to go, and we have [Rollcall Vote No. 309 Leg.] The senior assistant legislative clerk learned that again as we have gone YEAS—67 read as follows: through this process. As we prepare to Baldwin Grassley Portman The Senator from Delaware [Mr. CARPER] maybe, hopefully, invoke cloture, I Bennet Hassan Reed proposes an amendment numbered 2633. again want to say how much I have en- Blumenthal Heinrich Risch The amendment is as follows: joyed working with my ranking mem- Blunt Hickenlooper Romney Booker Hirono (Purpose: To establish an effective date for ber, Senator CAPITO—two West Vir- Rosen Brown Hoeven Rounds the bill) ginians who found common ground on Cantwell Kaine Sanders On page 15, between lines 5 and 6, insert these issues and worked hard to lead Capito Kelly Schatz the following: Cardin King Schumer our team and a lot of other committees Carper Klobuchar SEC. 4. EFFECTIVE DATE. Shaheen of jurisdiction. Another one of them Casey Leahy Except as otherwise provided, this Act and Sinema was led by another West Virginian, JOE Cassidy Luja´ n the amendments made by this Act take ef- Smith Collins Manchin fect on the date that is 1 day after the date MANCHIN. I want to thank all those Stabenow Coons Markey of enactment of this Act. committees for their good work and for Cornyn McConnell Tester the leadership we received from our Cortez Masto Menendez Tillis Mr. CARPER. Madam President, I leaders. Cramer Merkley Van Hollen suggest the absence of a quorum. With that having been said, let’s go Crapo Murkowski Warner The PRESIDING OFFICER. The Duckworth Murphy Warren ahead and vote, and I hope to vote to Durbin Murray Whitehouse clerk will call the roll. invoke cloture and take the critical Feinstein Ossoff Wyden The senior assistant legislative clerk next step. Fischer Padilla Young proceeded to call the roll. I yield the floor. Gillibrand Peters Mr. CORNYN. Madam President, I CLOTURE MOTION NAYS—27 ask unanimous consent that the order The PRESIDING OFFICER (Ms. Blackburn Hyde-Smith Paul for the quorum call be rescinded. Boozman Inhofe Sasse The PRESIDING OFFICER. Without SMITH). Pursuant to rule XXII, the Braun Johnson Scott (FL) objection, it is so ordered. Chair lays before the Senate the pend- Cotton Kennedy Shelby ing cloture motion, which the clerk Cruz Lankford Sullivan Mr. CORNYN. Madam President, now will state. Daines Lee Thune that cloture has been invoked on the Ernst Lummis Toomey The legislative clerk read as follows: substitute bill, we are one step closer Hagerty Marshall Tuberville to completing this product, which has CLOTURE MOTION Hawley Moran Wicker been the subject of bipartisan negotia- We, the undersigned Senators, in accord- NOT VOTING—6 tion with the White House for quite ance with the provisions of rule XXII of the Barrasso Graham Scott (SC) some time. I know a lot of hard work Standing Rules of the Senate, do hereby Burr Rubio Warnock move to bring to a close debate on Sinema has been put into this, and I want to substitute amendment No. 2137 to Calendar The PRESIDING OFFICER. On this thank all of our colleagues who have No. 100, H.R. 3684, a bill to authorize funds vote, the yeas are 67, the nays are 27. contributed to it. for Federal-aid highways, highway safety Three-fifths of the Senators duly cho- After much anticipation, we finally programs, and transit programs, and for sen and sworn having voted in the af- received the bill text earlier this week. other purposes. firmative, the motion is agreed to. Of course, a lot of it was what we ex- Charles E. Schumer, Thomas R. Carper, The motion was agreed to. pected to see: funding for roads, John Hickenlooper, Jon Tester, Rich- The PRESIDING OFFICER. The Sen- bridges, ports, waterways, airports, and ard J. Durbin, Joe Manchin III, Kyrsten Sinema, Jeanne Shaheen, ator from Delaware. broadband. Angus S. King, Jr., Mark Kelly, Chris Mr. CARPER. Madam President, ear- Under normal circumstances, an in- Van Hollen, Tammy Baldwin, Ben- lier today, I quoted Churchill actually frastructure bill would go through a jamin L. Cardin, Margaret Wood Has- a couple of times. One of my favorite long and arduous committee process

VerDate Sep 11 2014 03:06 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.007 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S5998 CONGRESSIONAL RECORD — SENATE August 7, 2021 before ever coming to the floor. Mem- I have heard from my constituents in that purpose. There is no question bers of the committees of jurisdiction Texas—State and local leaders—who about that. But we simply give leaders would have an opportunity to debate are frustrated by this lack of flexi- the option to spend relief funds on ur- and offer amendments and get votes on bility with the Federal funding that gent infrastructure projects that may their proposals to try to improve the they have already received or which otherwise go unfunded. bill at the committee level. This pro- they expect to receive. They simply Here is the other problem. I know vides a very important part of the abil- like the option—not a mandate, but an that many of our State and local lead- ity of everybody to be able to partici- option—to use this money when and ers are sitting on these huge amounts pate in the process, one that is denied where it is needed most. of financial resources that we have ap- members of their committees of rel- But as I say, right now, their hands propriated, and they are figuring out: evant jurisdiction when a bill comes to are tied. Many States and localities Well, if we don’t spend it on something, the floor already negotiated. have relief funds on hand but no nec- then the Federal Government is going One of the challenges is when you essary qualifying expenses. They have to claw it back or it may not just qual- have 20 people who agree on something to look at this big balance in their ify for the expenditures that are al- and then they bring it to the floor, and, bank account knowing they can’t actu- ready authorized. of course, then the 80 who have not ally spend it on some of their most ur- So they will be under a lot of pres- been part of that discussion want to gent needs. That is especially the case sure to spend it on things that may be participate and want to try to improve in rural parts of the country. simply operating expenses and may not the underlying bill. In places where COVID numbers are, provide the long-term economic benefit I hope that now that the cloture on thankfully, low, leaders don’t have the that an infrastructure project would. the substitute has been invoked, there need or the opportunity to spend this That is another benefit of giving will be an opportunity for us to vote on money which we have already appro- them this flexibility. It is that it will some additional amendments. priated on the timeline set within that incentivize them to spend the money I have been working with colleagues legislation. They simply don’t have a on the types of things we would hope on both sides of the aisle to identify need for the full range of pandemic-re- they would spend the money on if they new pay-fors that could be adopted as lated resources that might be nec- don’t need it for COVID–19. amendments, and we have come up essary in some parts of the country Back in March, nearly three dozen with some good ideas that I hope can with higher case counts. organizations wrote to Secretary receive votes now, even postcloture. So the amendment that Senator Yellen, the Treasury Secretary, urging But I want to talk specifically about PADILLA and I have offered would sim- her to make transportation infrastruc- an amendment that I have worked on ply give leaders in rural and urban ture an eligible expense. They talked with Senator PADILLA, the junior Sen- areas alike, where appropriate, the op- about the impact of COVID–19 on ator from California, to fund infra- tion—the option—to spend the funding transportation revenue and noted that structure projects in communities on necessary infrastructure projects. last year, 18 States and 24 localities an- across our country without increasing That can mean widening a highway, nounced delays or cancellations of the deficit. Our amendment simply making safety improvements on a transportation improvement projects, gives States and local governments the bridge, or expanding broadband access. totaling more than $12 billion. flexibility to use unspent COVID relief Urban areas could even use these funds They also noted that the pandemic funding on infrastructure projects. Right now, there are limitations that for public transit improvement impacted every State and community we put on that funding. Of course, at projects. State and local leaders know differently, something that should be the time those limitations or guard- the needs of their community better self-evident, and asked for the flexi- rails were put on that funding, we than any of us here, and they should bility, which they said ‘‘will be critical didn’t know how long this pandemic have the flexibility to spend that to ensuring funds are used expedi- would last or what the actual needs money where it is needed most. tiously and with maximum impact.’’ were of the various States and local ju- But, Madam President, I think we President Biden’s own Transpor- risdictions. have had a recent bit of evidence of tation Secretary has also suggested as So qualifying expenses include things how long it takes for Congress to act much. In his testimony before Con- that are directly related to the pan- before the money that we appropriate gress, Secretary Buttigieg said that demic, like COVID–19 testing sites, actually gets to the intended bene- the American Rescue Plan ‘‘has some vaccine PSAs, and additional bed space ficiary. To me, nothing is more exem- flexibility in it’’ that he thinks could for hospitals. But here is the rub: That plary of that than the eviction morato- be used to support road budgets that funding cannot be used on expenses un- rium. Congress appropriated $46 billion have been impacted. related to the pandemic or items that in rent relief, but if you look around States and cities shouldn’t be able to were previously included in the budget. the country, many of the intended spend this money. They should be able They must be new pandemic-related beneficiaries of that rent relief have to invest it and in the projects and re- expenses. not yet seen that money, thus the sources they need the most. This is In theory, and at the time, that made movement toward extending the mora- just simply common sense that I think a lot of sense. After all, this funding torium. all of us can get behind. It ensures that was meant to bolster the fight against I know just from my own experience money that has already gone out the COVID–19 in our communities. But not in Texas, after Hurricane Harvey, door, which will not add to our deficit every community has the same need. where Congress appropriated billions of or debt, will be used to the maximum In many places, the most urgent needs dollars in relief, it has taken, literally, impact before the sunset brings that aren’t related to the pandemic because years for the money that come from flexibility and that money, those re- they have not been hit quite as hard as Washington, DC, to get to the intended sources, to an end. others, unfortunately, around the beneficiary. And it puts decision making at the country. Some of their most urgent One of the biggest benefits of the local level. Local officials understand needs are what we are talking about amendment that Senator PADILLA and better than people in Washington, DC, here today: infrastructure—roads and I have offered is that this money is what they need the most, and this bridges and the like. readily available and does not, again, gives them the flexibility to put that We all know that the pandemic has as I said, add to the deficit or debt, but money to the most efficient and most interrupted infrastructure improve- merely provides them flexibility, which effective use. This amendment has ments across the country and forced of- means they will be able to put that earned the support of a broad range of ficials to put many of these projects on money to use more quickly on infra- organizations across the country, and I the back burner. Maintenance, repairs, structure projects. am proud to work with Senator and construction projects have been Again, this is not a mandate. This is PADILLA to craft an amendment that put on hold, as you know, until there an option. Any place that has new both sides can get behind. was enough funding to get things back COVID expenses to cover can and Today, I hope this will be one of the on track. should use the money they have for amendments to receive a vote on the

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.012 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S5999 floor. We have to ensure that infra- was part of the urban legend around discharged if you haven’t paid it off. structure investments are made fairly the National Defense Education Act. But if you are a student borrower who, and paid for responsibly. A robust So, over the years, there were efforts despite your best efforts, falls on hard amendment process and commonsense made to change the National Defense times—lured into debt, perhaps, by at- bipartisan ideas like this one are the Education Act to avoid abuse, and one tending a worthless for-profit college— only way to get there. of the things that was decided was that a fresh start is not in the cards for you. I yield the floor. that loan to go to school would not be We had Diane Barta testify before The PRESIDING OFFICER. The Sen- dischargeable in bankruptcy. the committee. She is from Richmond ator from Illinois. You have to ask the basic question of Hill, GA, 50 years old, a mother of two. EDUCATION how many debts are not dischargeable She has over $120,000 in student loan Mr. DURBIN. Madam President, it in bankruptcy. There are only a few: debt, much of it taken out for a worth- was in 1957 that there was a world alimony, child support, criminal fines, less degree she received from for-profit event that changed my life and the taxes, and maybe one other. But I school Ashford University. I mentioned lives of many others. I was just a kid in think a student loan is the only one of that to Senator GRASSLEY during the high school at the time. In fact, I that bunch that is a consumer loan hearing because Ashford University is wasn’t quite in high school. But the that you can’t discharge in bank- a curious story. Russians decided to launch a satellite ruptcy. A small Catholic college in Iowa was called Sputnik, and that satellite, the Over the years, the terms of the about to go out of business, and the size of a basketball, which emitted a loans and the number of years that you nuns were persuaded that there was a tone as it flew through space, scared were held back from filing bankruptcy company that wanted to buy it. So the world, all of us, to the point where changed. Ultimately, the decision was they sold the campus to this company the United States of America did some- made that you could effectively never called Ashford University. Ashford had thing that was controversial but we discharge student loans in bankruptcy. no intention of reopening the campus. felt was necessary. We held a hearing on student loan What they basically did was start an We decided that the Federal Govern- debt in the Senate Judiciary Com- online operation, claiming the accredi- ment of the United States would loan mittee this week, and I am sorry Sen- tation and the worthiness and the money to students like DURBIN to go to ator CORNYN has left the floor, but he credibility of the previous college. college because we were afraid of the and I have introduced a bill which has Well, we looked into it. In fact, it Russians, and we knew that, if they a good chance, I think. was Tom Harkin of Iowa, over 10 years had the scientific advantage of us, it We know that student loans are the ago, who investigated it and found out could mean we would lose a war, which fastest growing category of household that Ashford was a fraud. It was just no one wants that to ever happen. So debt in America—45 million student generating huge profits for their CEO we created here in Washington some- borrowers in our country. In a little and a few others, not providing any- thing called the National Defense Edu- under a decade, student loan debt has thing nearly resembling higher edu- cation Act. I am sure that was care- ballooned from $1 trillion to $1.7 tril- cation. fully chosen to remind people that lion. The average student borrower Ms. Barta was a good person who what we were doing was defending the now carries $30,000 in debt, and many, worked hard. She had two degrees— country by loaning money to people especially those who are swindled by from a community college and then like DURBIN to go to college, and I took the for-profit colleges, owe well over from another college—before she went advantage of it. $100,000. for a master’s degree at Ashford Uni- Those National Defense Education Americans of all ages are plagued by versity. That was her downfall. She Act loans had terms that most of us the debt. We have heard cases of grand- talked about how she had to file for from that era remember very well. You mothers who have said to their grand- bankruptcy in 2012 after her husband didn’t pay anything on your loan bal- daughters, ‘‘Well, of course, I will lost his job as a commercial plumber. ance for the first year you were out of cosign your student loan,’’ to learn She managed to get relief for most of college, and then you had 10 years to that when the student, the grand- her debts but certainly could not get pay it off at 3 percent interest. daughter, defaulted, Grandma was re- discharged from her student loans that Of course, those of us who took out sponsible for it. For some, it is holding she had taken out at Ashford Univer- the loans for college—in my case, for them back from buying a first home, sity, this notorious for-profit school. law school as well—amassed this great starting a family, a business. For oth- Other student borrowers had their debt and worried, when the day came ers, it means delaying retirement be- own stories. We have all heard them. for graduation, whether we would ever cause of this debt. Angela, from Florida, wrote: be able to pay it off. I remember saying This is not an individual misfortune. I’m a single parent and was on a single in- to my wife: Loretta, they have just got The student debt crisis is a threat to come living paycheck to paycheck. I’ve had all the National Defense Education Act our economy. Federal Reserve Chair- the stress of these student loans haunting loans. They put them all together, and man Jerome Powell has warned that me for well over a decade now. . . . I am still I am afraid to tell you what has hap- student loan debt may be a drag on our being haunted. pened. We have a debt of $8,000 for col- economy by preventing Americans Lisa, in Nevada, wrote that she had lege and law school. from basic, fundamental consumer pur- given up her passion, teaching—I re- Students today don’t believe that chases of cars, savings accounts for re- peat: teaching—because she needed to number, but that was the number, and tirement—otherwise, the economic find a higher income job to pay off her it scared us to death that we wouldn’t growth of our country. student loans. be able to pay it off in 10 years. Natu- So we had a hearing in the Judiciary She wrote: Committee, and we examined how dif- rally, we did, and many others did as It is absolutely disheartening that when well, and the National Defense Edu- ficult it is for student borrowers to get you try to better yourself in this country cation Act really became the pillar of financial relief. These, as I said, are you’re punished and not rewarded. the emergence of higher education in one of the very few categories of debt One more story. America. you cannot discharge in bankruptcy. Ann, from Washington State, de- Of course, there were those who You see, if you buy a home or a car and clared bankruptcy in 2000 because her cheated the system, and stories were you fall on really hard times, you can student loan payments were so high rampant. Whether they were all true, I declare bankruptcy and have all those she couldn’t afford to pay her bills. am not sure. There was the story of the debts discharged. If you like to gamble She wrote: doctor who graduated from medical and you are not very good at it and you school and, before he went into his lu- end up running up great debt on your I never go on vacations. I never married or had children for fear of burdening [them] crative practice, filed for bankruptcy credit card and you file for bankruptcy, with [my] debt. . . . I’m facing retirement and discharged all his Federal loans, your gambling debts through your with [that] threat [still looming over] my fu- Federal student loans. I don’t know if credit cards can be discharged. You can ture. . . . Social Security checks will be gar- that ever happened, but it certainly even buy a yacht and have that debt nished for my student loan.

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.013 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6000 CONGRESSIONAL RECORD — SENATE August 7, 2021 This is clearly a crisis. Fortunately, ican high school graduates go to for- job to support their futures. Americans both Republican and Democratic mem- profit colleges and universities? Eight will be able to obtain 2-year degrees or bers of the Judiciary Committee agree percent. specialized certificates without taking that we need to do something. Congress Next question: What percentage of on mountains of debt. has a responsibility to solve this prob- student loan defaults in the United In the greatest country in the world, lem. Wouldn’t it be worth a headline States are by students from for-profit a college education shouldn’t be a lux- somewhere, on some website, that we colleges and universities? Thirty. ury; it should be guaranteed to every- actually solved a problem like this? Eight percent of high school grads one. That is the only way we can Before 1976, student loans were treat- and thirty percent of student loan de- launch a new dream of American pros- ed like any other type of loan in bank- faults. Why? Because these notorious, perity and truly build back better after ruptcy. If you were facing financial awful schools drag these young people this pandemic. ruin, you could get relief. Congress got into debt they can never get out from I yield the floor. the idea that student borrowers were under. If they so-call finish and grad- I suggest the absence of a quorum. running to bankruptcy court right uate from these schools, they find that The PRESIDING OFFICER. The after they had taken off their gowns they can’t get the jobs that were prom- clerk will call the roll. The legislative clerk proceeded to and mortarboards and trying to wiggle ised. Their lives are virtually ruined. call the roll. out of their financial obligations. That So we are basically saying it is time Mr. MANCHIN. Mr. President, I ask is more anecdote than fact, but it was that these schools be held accountable. unanimous consent that the order for At this point, the FRESH START prevalent. Still, Congress began pass- the quorum call be rescinded. ing laws that made it harder to dis- bankruptcy will provide a meaningful The PRESIDING OFFICER (Mr. charge student loans. timeline to student borrowers who KAINE). Without objection, it is so or- Since 1998, student borrowers could have no other options. It is a break- dered. only discharge Federal student loans through. Mr. MANCHIN. Mr. President, I want by proving they suffered from some- This is the first bipartisan bill the to take a moment to thank all my col- thing called undue hardship. Well, you Senate has had, in my memory, to re- leagues on both sides of the aisle, in would think the cases I just read to store student borrowers’ ability to dis- this great deliberative body, for show- you would be undue hardship, wouldn’t charge their loans in bankruptcy. ing the United States and the entire you, people so deeply in debt that they I want to thank Senator CORNYN, Re- world that the United States Senate is can’t get out of it and are forced to publican of Texas. We kind of jokingly not broken. Actually, we are doing make life choices that are terrible? say, you know, it is one of those situa- fine. We can work together and do Here is the issue: It is nearly impos- tions where you are on stage, announc- much better. We can also come to- sible to prove undue hardship and dis- ing your bill, and you turn to one an- gether and do big things, and we did charge your student debt. That is your other and say: Have we both read this with this investment in American in- only escape now. In fact, in 2017, the bill? Well, we have, and we understand frastructure. Wall Street Journal found only four it. America has not seen this type of in- cases—four cases—in the entire coun- We are also going to consider an ele- frastructure investment in the last 30 try of bankruptcy judges discharging ment that was raised during the hear- years—talked about it a lot and student debt for undue hardship. ing by one of our expert witnesses of haven’t seen anything. The polls have For years, I have asked the Depart- defining what ‘‘undue hardship’’ is. shown that the American people are ment of Education, the collection Right now, it appears the courts overwhelmingly supportive of this in- Agency, to change the way they chal- couldn’t recognize it in any form. frastructure deal. Americans of both lenge these undue hardship cases. I am There certainly are cases. political parties know it is long past still pushing on them, but Congress I talked about a quadriplegic vet- time to make this investment. And needs to do its part. eran—disabled, unable to work—who once the roads are repaired so the chil- Another witness who joined us on was lured into one of these for-profit dren are safe on the buses, they want Tuesday was my State attorney gen- school scams and ends up in debt. better internet service so they can con- eral, Kwame Raoul. He has been an ad- Shouldn’t they be able to discharge nect and compete in the 21st century. vocate for student borrowers for a long that student loan? There is no question It is just unbelievable what we can time. He talked about these students they will be able to find some great- do. This is about clean water and up- being deceived and defrauded by these paying job in the future. They strug- graded sewer systems. You would think schools, particularly the for-profit col- gled to basically face up to their ill- in the 21st century this all would be a leges and universities. nesses, and we hope that they have the void anywhere in America, but it is—it Well, we have decided to do some- very best future, but even then, it is really is. thing about it. We have introduced a tough to get out from under the debt. This is the largest long-term jobs bill bill called the FRESH START Through I hope this is a first of many steps in decades. It will create good-paying, Bankruptcy Act. It will allow strug- that we will take in the committee and long-term jobs over the next 8 to 10 gling borrowers to seek a bankruptcy other places, on a bipartisan basis, to years. So if you want to basically make discharge for their Federal student deal with this challenge. sure we don’t hit the highs and the loans after a waiting period of 10 years. One other point. One way for stu- lows as far as the job opportunities, job That is a long time. If you can’t pay off dents to avoid becoming buried in stu- markets, and the economy, this bill that loan in 10 years and you believe dent loan debt in the first place is to be does that. there is no other recourse, you could very careful, particularly of for-profit It is the largest investment in clean file for bankruptcy and have it dis- colleges and universities, and secondly, drinking water and wastewater infra- charged. take advantage of the affordable alter- structure in the history of our coun- Our bill also includes another provi- native community colleges. Commu- try—in the history of our country. It is sion. I want to thank JACK REED of nity colleges are an underused super- the largest dedicated bridge invest- Rhode Island, our colleague here. He power of our economy. They help stu- ment since the construction of the introduced the original bill with this dents gain the knowledge and skills Interstate Highway System. concept. It includes important provi- they need to thrive, and they prepare It is the largest investment in energy sions to hold accountable educational workers to compete in the 21st cen- transition in history, and puts our institutions, particularly these noto- tury. money where our mouth is on tech- rious for-profit colleges with consist- I totally support President Biden’s nologies that are critical for the fu- ently high default rates and low repay- plan to build back better and provide ture. And it is the largest Federal in- ment rates. every high school graduate to be able vestment in passenger rail since the There are two numbers you need to to continue their studies through com- creation of Amtrak. remember—and that is it—to under- munity college, without debt. The And our bipartisan infrastructure stand for-profit colleges and univer- same goes for displaced workers who package does not raise taxes on every- sities: Eight. What percentage of Amer- want to learn new skills to get a better day Americans. It does not. A large

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.015 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6001 piece of this bipartisan infrastructure It also funds the demonstration of We will have a meeting. I want to talk bill came out of the Energy and Nat- clean energy on the abandoned mine to you. ural Resources Committee, which I am lands and authorizes grants for manu- He was kind. He drove over there privileged and honored to chair. We re- facturers to locate in coal commu- with his staff. I said: Why don’t you ported the Energy Infrastructure Act nities. These coal communities around call back to your office and ask if they out of our committee with a bipartisan the country bear the scars of the work have any messages for you. I said: The vote after—after—holding a legislative that powered our Nation to greatness, map here shows—your map shows— hearing and a robust amendment proc- and this investment will clean up those that you are covered. And I said: You ess. That is called regular order. It is areas and provide new economic oppor- can use any phone you want, any serv- something we have heard about for tunities. ice you might have. many years—we just haven’t seen it for The bill also shores up the reliability And he said: My goodness, I didn’t a long time—and it is working. of our electric grid systems. Our grid know. The Energy Infrastructure Act will has basically been around for a long I said: Sir, this is exactly what we create good-paying jobs and dem- time, and with all the new technologies are dealing with. The maps are not ac- onstrate the energy technologies need- coming on and all of the renewable curate, and West Virginians are getting ed to reduce emissions while maintain- power, that is not always produced in left behind. ing affordable, reliable, and dependable the area where we have the grid sys- There are 543,000, or 31 percent, of the energy and our Nation’s position as a tem, and it is time for us to expand and people in West Virginia who will be eli- global energy leader. make sure our grid system is able to gible for the affordability connectivity I have said all along that the United deliver the energy our country needs. benefit, which will help low-income States of America is now energy inde- The bipartisan Energy Infrastructure families. You can have internet serv- pendent. We must fight to maintain Act authorizes $110 billion, much of ice, but if it is so costly that people that position. We should not be held which is also funded and is a vital com- can’t afford it, then you have a prob- captive by any foreign entity or any ponent of the whole infrastructure lem. This goes along with the same foreign country where we are depend- package. So we are not just talking thing as LIHEAP, which helps people ing on any type of supplies that the about it. We are putting a lot of money with their utilities who, basically, are American people need—any type of into upgrading the grid system and the working hard and trying to make it supplies—and energy is one of our reliability of it. but having a hard time. This makes greatest, and we can do it cleaner and This bill will truly do much good sure that everyone can connect and ba- better than ever. I have always said across the United States. Let me just sically benefit from this opportunity. you cannot eliminate your way to a give you the historic investment in the West Virginia also has some of the cleaner environment. You can innovate needs of our Nation: $110 billion for the worst roads in the Nation. This bipar- your way to a cleaner environment, roads and the bridges; $65 billion for tisan bill will repair and rebuild our and we have proven that, and we can do broadband access; $66 billion for rail- roads and bridges. In West Virginia, an awful lot more too. roads; $25 billion for airports; $55 bil- there are 1,545 bridges—1,545—and over It also builds off the great work al- lion for drinking water and wastewater 3,200 miles of highway in poor condi- ready done in my home State of West systems. tion. Since 2011, commute times have Virginia and your State of Virginia, I don’t know what infrastructure is if increased by 61⁄2 percent and, on aver- Mr. President, to demonstrate ad- you don’t call that infrastructure. This age, each driver pays $726 per year in vanced geothermal technology and es- is as good as it gets. It is something additional costs due to repairs by driv- tablish a reliable, U.S.-based, rare- that we all have talked about for ing on roads that have needed repair. Earth-element supply chain. many, many years. That is simply unacceptable, and it I have had consideration and I have My State of West Virginia benefits truly, truly shows the deferred mainte- had some pause on us moving so rap- from this bipartisan infrastructure bill. nance that we have let go for far too idly into electric vehicles. My reason It will help expand broadband access long. Based on formula alone, West for my pause has been this: We do not across West Virginia with a minimum Virginia will receive $3 billion for Fed- produce the rare-Earth minerals—the allocation of $100 million to help pro- eral-Aid Highway programs and $506 rare-Earth minerals that are needed to vide broadband coverage across the million for bridge replacement and re- build these batteries. And we have to State, including providing access to at pairs. We have the greatest need of be very, very careful that we don’t put least 258,000 West Virginians who cur- bridge replacement. our transportation system—our trans- rently lack it because of our terrain. The reason why is that, in the 1930s, portation mode in America in the I think the Presiding Officer has been the constitution of West Virginia hands of foreign supply chains. We there many, many times, and you un- changed during the Great Depression, could be held very, very captive on derstand what we are dealing with. It and basically everything was put on those. is really challenging, but if we take the State. Before that, local counties I remember in the 1970s, when the oil just a commonsense approach—and I and communities were all responsible embargo from the oil cartel—the oil have always said this: If during Frank- to a certain extent, but when the De- embargo basically shut our businesses lin Delano Roosevelt, when he took pression hit, the Constitution was down, and then we had rapid inflation over after the Great Depression, if he changed in 1932, at the height of the coming after that. It was just horrible. could electrify America—rural elec- Depression, and everything was: This is Importantly, the legislation also re- trification—if he could do that in the the State’s responsibility; we can’t pay authorizes abandoned mine lands and thirties, surely and goodness, we can no more. reclamation fees. In southwest Virginia basically make sure that every house- So the State has a tremendous obli- and all of West Virginia, we have a tre- hold has fast, high-speed internet serv- gation here, and we want to make sure mendous amount of mines that this ice. We can make that happen, and we we help them. country needed to be the superpower of are going to use the same blueprint West Virginia can also compete for the world. that was used many, many years ago, the $12.5 billion Bridge Investment Pro- Now it is far beyond time for us to almost 100 years ago. gram for economically significant clean that up, and this is something we We believe that number is much bridges and nearly $16 billion of na- can do, and this bill does that. It is set higher than the 258,000. But, here tional funding in the bill dedicated for to expire, as far as our AML reclama- again, I am urging the FCC to fix their major projects that will deliver sub- tion fees in September. For an addi- coverage in the maps. The maps are stantial economic benefits to commu- tional 13 years, we have extended that, not accurate. They haven’t been accu- nities. while investing $11.3 billion into re- rate for years. I will never forget when And we have to address public trans- claiming these abandoned coal mine I had one of the chairmen of the FCC in portation in the Mountain State. West lands, which an awful lot of beach area my State one time, and we were talk- Virginians, who take public transpor- and water and things were harmed for ing, and I said: Why don’t you meet me tation, spend an extra 77 percent of a long time and needs to be fixed. at a certain place in my State? I said: their time commuting—commuting—

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.016 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6002 CONGRESSIONAL RECORD — SENATE August 7, 2021 and non-White households are five ple are special—very special—I have al- Mr. HAGERTY. Mr. President, I sup- times more likely to commute via pub- ways said. We all seem to rise always port hard infrastructure. It is in my lic transportation. That is a fact, and for that. DNA. As a kid, I grew up shoveling as- we have to address these facts and fix But now we have one other. We have phalt. My father and my grandfather them. infrastructure, which unites us. I have were in the road construction business. And 32 percent of the trains and never seen a road in my State, in the I served as the economic develop- other transit vehicles in the State are Presiding Officer’s State, or anywhere ment commissioner in my home State past their useful life. A third are past in the country that had a bad road or of Tennessee. I understand firsthand their useful life. Based on formula a bad pothole that busted my tire that the importance of quality infrastruc- funding, West Virginia would expect to had a Democrat or Republican name on ture. It was essential to attracting receive $196 million over 5 years to im- it. It will get the Republican, as well as good jobs to my State. So I am in com- prove public transportation, which is it will get me and the Presiding Offi- plete agreement that shoring up our desperately, desperately needed. cer. hard infrastructure is a worthy cause. These investments are vital to bring- So that is why this brings us to- This bill does some of that, and that ing good-paying jobs to our State of gether. We all have these needs. As is good. But there are both good ways West Virginia and the Presiding Offi- Governors, we had the same needs. We and bad ways to achieve noble ends. cer’s State of Virginia and all of our used to talk across the board—whether And the question is, What is the best States in this great country of ours, it be education, whether it be high- way to achieve this goal? And my frus- and spurring economic development ways, whether it be different things tration is with the methods and with like we have never seen before. This is that we needed in our State that we all the vehicle that is being used here. solid economic development, not just had the same concerns and problems The first problem is that the bill sending checks, not people just receiv- with. We never worried about whether sponsors repeatedly said it would be ing checks but people receiving an op- it was a Republican or Democrat being paid for. In fact, it is not. And it is portunity of the dignity of work and the Governor. The Presiding Officer more than a little bit off. It is over a the ability to be able to do what needs had the same problems we all had, and quarter of a trillion dollars short. That to be done in order for them to survive we shared successes and the challenges is almost seven times the budget of my and sustain a quality of life. and how to overcome those challenges. home State of Tennessee. I am incredibly proud of our bipar- This is who we are as Americans. We waited weeks for the text of this tisan group of Senators who have And how we become so divided, I legislation. And before the text even worked together day and night to ham- don’t know. It worries me, and the rea- existed, the Democrat leader forced the mer out a compromise that will ad- son I say this is that this is probably Senate to vote on proceeding to it. dress our infrastructure needs without the most important bill that we have There is absolutely no reason for rush- going overboard. And I will remind ev- worked on in many, many years be- ing this process and attempting to eryone that not one Senator got every- cause it is the most difficult, chal- limit scrutiny of this bill other than thing they wanted, but we all got what lenging times of our lives. Our country the Democrats’ completely artificial, we needed. This is how compromise has never been more divided than it is self-imposed, and politically driven works. This is what this body was made today, and we need something to bring timeline. There will be more on that for. This is why the Senate is called us together. later. the most deliberative body. I am so thankful that President The text, all 2,700-plus pages of it, It is hard, when you want to basi- Biden has taken this piece of legisla- was finally made available to us 6 days cally take every opportunity to work tion as his own and gone around the ago. The Senate has been able to con- with every single Senator here, to country on how important this piece of sider that this week, but the Senate make sure you can help them with the legislation is for not just his adminis- continued to wait all week for the Con- problems and needs they have in their tration but for the entire country. He gressional Budget Office’s analysis of own States, and that is what we have has been able to identify that. Demo- what it would cost. done. crats and Republicans—we are going to The CBO is the entity that Congress I have always said: The best politics have 20 Republicans today get on the has agreed is responsible for is good government. bill. Everyone was afraid that someone scorekeeping on what legislation will Everybody worries about: Oh, I am is going to get mad and leave. We kept cost the American people. not sure if that is good for my politics. gaining. And as they see the support Let’s keep in mind that meeting the Let me tell you, if you do something back home, it will continue to create definition of ‘‘paid for’’ in the CBO’s good for all, it is good for you. It will more momentum. That is what we eyes doesn’t always make sense to the be the best politics you have ever done. need. This is extremely as important as average American. For instance, CBO If we do something good, we all take anything we do from this day forward allows spending now to be offset by credit for it. to pass a bipartisan bill—show the peo- projected savings that won’t happen for I have seen people take credit for ple that basically, yes, we are all 10 years. CBO can allow savings that things they voted against because it Americans first, and we are going to are already occurring naturally to was good. It worked well. It didn’t take care of the deferred maintenance count, effectively, as new savings for bother me at all. I am glad. Maybe we let go for far too long because of purposes of scoring a bill. they won’t fight us as hard the next politics. We have set politics aside to The point is, this kind of scoring is time. Maybe they might join us. Who take care of America. designed to make it easier for a bill to knows? So I encourage all of my friends, be scored as paid for, at least on paper. I look forward to passing this impor- please, look and see what this bill does As an example, the University of tant legislation with strong bipartisan for America. Look and see what this Pennsylvania’s Penn Wharton Budget support. I just think this is a moment bill does for your State. You will be Model estimates that this legislation for our country. This is extremely im- surprised. And I think we have tried to would actually add $351 billion in def- portant for our country to show that help everybody that we could, and we icit spending, an even higher total than we can still work together and to show will continue to work together. the CBO estimate. that we are united when it comes to I suggest the absence of a quorum. The point is, even using these the needs. The PRESIDING OFFICER. The scorekeeping advantages, the CBO has I have always said: There are a few clerk will call the roll. made it clear this bill isn’t paid for. things in this country that basically The senior assistant legislative clerk I understand why the Democratic unite us. One has always been our mili- proceeded to call the roll. leadership kept the CBO score under tary. We want to support our military, Mr. HAGERTY. Mr. President, I ask wraps until Thursday. It showed that our law enforcement officers, our fire- unanimous consent that the order for the bill fell far short of ambitions. The men, and all the people who run into the quorum call be rescinded. CBO said that it misses the mark of harm’s way when everyone else is run- The PRESIDING OFFICER. Without being paid for by a cool quarter of a ning away from harm’s way. Those peo- objection, it is so ordered. trillion dollars.

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.017 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6003 As an aside, I found it incredible that what I believe is the Democrats’ real then, Step 3, redefine the term ‘‘infra- despite—or perhaps because of—getting ambition, which is their multitrillion- structure’’ to include government-de- this news on Thursday afternoon, dollar march to socialism that they pendency programs. Really muddy it Democrats tried to accelerate the pas- will unveil right after this infrastruc- up. sage of this bill later that same day. ture legislation is passed. Democrats Step 4: When more reasonable Demo- Instead of going through the normal have admitted this. This is their plan. crats in the Senate balk at some of multiday process for debating and en- The far-left wing of the Democratic these more expensive or egregious acting a bill, they tried to rush it Party, which is effectively calling the items, promise them a two-track proc- through in the middle of the night. I shots these days, is demanding that ess—one for hard infrastructure and objected to accelerating this process on Democrats here in Congress spend tril- one for social programs. Thursday because the Senate must lions of dollars to reshape American so- Step 5: Negotiate as much of your so- carefully consider what it is doing. ciety, to make American citizens more cialist wish list into the infrastructure Now, the proponents of this bill dependent on their government. Their track as you can. They got some of it claim that the CBO’s analysis is wrong. aim seems to be to turn the United into this bill, but not all of it. They No matter how much explaining they States into a sclerotic, government- will just put the rest of it into the wish do, the Senate agreed on the umpire controlled state, just like Western Eu- list and put that wish list into the gov- before the game started. rope. ernment-dependency bill that is yet to To this end, if this bill is paid for, The upcoming legislation that we are come. why will we have to waive Budget Act talking about now is the third leg of Step 6: Pass the infrastructure bill requirements later on in this process? the stool of the Democrats’ overall through the Senate as quickly as pos- The Senate is going to have to pass plan. The first leg is to pack the Su- sible. Drop a nearly 3,000-page bill and this bill by waiving the Budget Act or preme Court so the Constitution no demand that it be passed immediately the pay-go requirements. That is not longer gets in the way of their plan. before we can even understand or scru- ‘‘paid for.’’ The second is to Federalize and take tinize what is in it. The Trojan horse, Most of us probably won’t be around over voting laws and procedures, ensur- my friends, is through the gate. when the bill comes due for this never- ing Democrats will never lose another Step 7: Hold that infrastructure bill ending deficit spending here in Wash- election, propelling themselves into hostage in the House of Representa- ington, but, sadly, our children and our perpetual power over both the legisla- tives until everything you couldn’t get grandchildren will be. The politicians tive branch and the executive branch. into the infrastructure bill—particu- in Washington spend now to buy votes And, third, they want to remake the larly meaning the trillions of dollars in but, conveniently, won’t be around to U.S. economy and America’s relation- government-dependency programs—are deal with the consequences. ship with government into one where passed through the Senate. Therefore, Americans begin to look to govern- We can do hard infrastructure— NANCY PELOSI has promised that this again, that is a worthy goal—but we ment for everything, from Green New bill will never become law until it is can do it without shoveling more debt Deal programs to daycare. In this joined at the hip with the multitril- world, American citizens will be less onto the backs of our children and our lion-dollar socialist bill. free, less prosperous but more captive grandchildren. Indeed, if we just lim- More on that in a minute. and hooked on government programs. ited this bill to hard infrastructure, it Step 8: Say that the President won’t That means they will be more depend- would be paid for. As I said, there are sign the infrastructure bill into law if ent on Democrats and the institutions good and bad ways to achieve noble it is not accompanied by trillions of that they control. dollars in government-dependency pro- ends. So far, Democrats have been unable grams. President Biden already did this The second reason that I am opposed to build legs one and two of the stool, before he clumsily walked it back, but to this legislation is because of its Big but they are actively trying. President we saw and we heard what he was Government, top-down approach. It in- Biden has a court-packing commission thinking. cludes many half-baked components ongoing, and the Democratic leader is, Step 9: To get the government-de- that deserve far more scrutiny. today, working on scheduling more pendency programs part passed, cir- Rather than compete against China votes on the election takeover. They cumvent the filibuster in the Senate by using our unparalleled innovation, our are desperate to appease leftwing ex- abusing an arcane loophole called rec- ingenuity, our technology, we are sub- tremists that have all of the energy in onciliation. Reconciliation was in- stituting massive government control their party because they need these ex- to dictate, to fund, and to decide win- tremists’ support to win elections. tended to save taxpayer dollars and to ners and losers. That is not the Amer- Yet they have stalled out on their assure passage of an annual budget for ican way. first two goals, so they have come up the Federal Government. But now they We are using the cryptocurrency with a scheme to build the third leg of are using this process—they are abus- market as a pay-for. their stool. They previewed phase 1 of ing this procedure to pass trillions of Have we fully vetted how this new the scheme in March, when they spent dollars of government-dependency pro- regulation and taxation will affect this $1.9 trillion in the name of COVID re- grams with only 50 Democrat votes. rapidly developing industry? lief. Of course, 90 percent of it had Step 10: Give reasonable Democrats Will we wind up ceding this industry nothing to do with COVID. It was real- political cover to support the par- to others because of this regulation? ly just a payoff to their most loyal po- liamentary trick and the government- What is the point of even having litical supporters. dependency spending by saying it committees in the Senate with exper- Sadly, it is now causing the highest unlocks the ability for their hard- tise in certain matters if the most sig- inflation that we have seen in decades. fought infrastructure bill that passed nificant legislation that passes this This inflation is a daily tax on every the Senate—and, by the way, is now body doesn’t even go through? American who has to buy goods and being held hostage in the House—to fi- The whole point of committees is to services here in America. nally get through the House and to the use them—use these committees to But phase 2 of the scheme is even President’s desk. carefully scrutinize and refine impor- more devious. Step 1: Change the con- Wait a minute. What just happened? tant legislation, use committees to versation to trillions with a ‘‘t.’’ Make Abracadabra. The American people are prevent unintended consequences that billions sound small. Condition the so confused by the Democrats’ sleight result from rushed legislation. Yet this Congress, condition the media, condi- of hand that they don’t even notice is a 2,700-page bill that is going tion the American public to these big that their wallet has been stolen and through no committees. Once again, we numbers. that their country has been fundamen- have to pass it to find out what is in it Remember, a trillion dollars is an as- tally changed. and then learn what kind of unintended tronomical number, and our children My question is simple: If these poli- consequences we can expect. are going to have to pay for it. cies and this spending is so good, why The third reason I am frustrated with Step 2: Tell the United States that does getting it done take a parliamen- this legislation is because it is tied to America needs infrastructure; but tary house of mirrors?

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.020 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6004 CONGRESSIONAL RECORD — SENATE August 7, 2021 There can’t be a bipartisan deal on provided more freedom and oppor- Now, let me walk you back through infrastructure if its enactment into tunity than any other. President Lin- the history of that debt. If we were to law requires later tacking on all of the coln called it the ‘‘last best hope of go from the time that George Wash- socialist wish list items that got ex- Earth.’’ Ever since, it has fulfilled that ington became President up until the cluded from the deal. promise for countless generations. time that George W. Bush stepped out Democrats have telegraphed these We must fight to preserve our Amer- of office, our Nation had accrued a plans. You just have to pay attention. ican system and the American dream, total of $10.6 trillion in debt—too much The President of the United States, not in a tornado of hurried legislative for me. right after announcing the infrastruc- activity that will seal its decline. When I would go to the White House ture deal, said it would be held hostage I am asking my colleagues to fight with President Bush, I would say: Mr. on his desk without the trillions of dol- for this country’s future. Our children President, there are two things that I lars of government-dependency spend- and grandchildren deserve to have the think need to be addressed. No. 1 is the ing alongside it. same sort of wonderful opportunity out-of-control Federal spending, and President Biden specifically said that our parents and grandparents gave No. 2 is the issue of illegal immigra- this: us. We need to make certain that they tion. I expect that in the coming months this have a future for them that is better Well, he left office $10.6 trillion in summer, before the fiscal year is over, that than today, and we are duty-bound to debt, but still very mild compared to we will have voted on this bill—the infra- make certain that it happens. That is what we are facing today, I think we structure bill—as well as voted on the budget why I ran for office. would have to say. resolution. But if only one comes to me . . . Let’s work together on infrastruc- Now, President Obama took office, this is the only thing that comes to me, I’m ture, out from under the rapidly ap- and he and Joe Biden went to work. Do not signing it. It’s in tandem. proaching cloud of socialism. Let’s you know what they did in 8 years? Later, in response to a question, make this happen a different way. They ended up just about doubling our President Biden revealed: ‘‘Look, the Mr. President, I yield the floor. Nation’s debt—double. bipartisan bill, from the very begin- The PRESIDING OFFICER (Mr. President Trump came in, tried to ning, was understood there was going REED). The Senator from Tennessee. pare back on regulations and cut the to have to be the second part of it,’’ he Mrs. BLACKBURN. Mr. President, I size of the Federal Government. And said. ‘‘I’m not just signing the bipar- want to concur with my colleague from then we had COVID. That added to the tisan bill and forgetting about the Tennessee in his beautifully stated re- debt. Then here comes President Biden, rest.’’ marks and the way he has brought for- and it is as if the printing presses have Now, he has later tried to muddy up ward the frustration that Tennesseans cranked up on printing those dollar the waters on this because he said too have. much. But if you read his cleanup You know, I had the opportunity to bills, running them through as fast as they possibly can, because what the statement carefully, he never took be at home yesterday. We have a great Biden administration and CHUCK SCHU- back his vow. He never said he would event going on in Nashville this week- MER and NANCY PELOSI had pushed sign the bipartisan bill without having end. It is called the Grand Prix. I had through was $1.9 trillion, saying that alongside it the partisan multitrillion- the opportunity to be at the opening was necessary for CARES, even though dollar bill. event with a lot of women, small busi- all that money that had previously The Speaker of the House has said ness owners. I had the opportunity been spent had not been—or that had the same thing repeatedly. On June 24, later in the day to go cut the ribbon for she said: There ain’t going to be a bi- been appropriated had not been spent. a big county fair and see lots of fami- Now, here we have $1.2 trillion. As partisan bill without a reconciliation lies and talk to families who were my colleague said, it has become this bill. there. Do you know what? They are bill of, here is a little bit for infra- She added again: completely confused with what is going structure, but, oh, by the way, over Let me be really clear on this: We will not on. here, here is this great big downpay- take up a bill in the House until the Senate See, Tennesseans are really smart. ment on the Green New Deal. Don’t passes the bipartisan bill and a reconcili- They watch what is happening in ation bill. worry that we don’t generate enough Washington, DC. They are so concerned electricity for an electric vehicle fleet; A month later, on July 22, Speaker about the future and about freedom we will figure that one out later. Let’s PELOSI again said: and freedom’s cause, and they continue just put in subsidies for electric vehi- We will not take up the infrastructure bill to say, as my colleague from Tennessee cles. Don’t worry about giving more until the Senate passes the reconciliation stated, that they want the best for power to the Federal Government; we measure. their children and for their grand- will give you back authority, local gov- It only takes one Democrat to end children because they appreciate the ernments, if we think you need it. So this insanity, to stand up and say he or American dream. $1.2 trillion in spending. Then we hear she won’t participate in this scheme. Many of them have lived the Amer- that the bonus round in this That would change the entire tenor of ican dream, whether they are a farmer lollapalooza is going to be $3.5 trillion, this debate and this process. or a teacher; whether they are a law- but more likely, the realistic view is, it So while I believe in hard infrastruc- yer, an accountant, a mom, a dad, is going to be $5 trillion. ture, I cannot participate in doing it somebody who owns a small business So back to my point, people in Ten- this way: first, by including in this bill on Main Street in one of our 95 coun- nessee are saying ‘‘What in the world a bunch of things that aren’t hard in- ties in our beautiful towns. They have could you possibly be thinking? What frastructure, and the result of that is lived it. They are living it every single could you possibly be thinking?’’ be- throwing a quarter of a trillion dollars day—blood, sweat, tears, working long cause they know the history of this Na- more debt at our children and our hours, investing. They look at what is tion’s debt. grandchildren; and, secondly, and most happening here in Washington, and Do you know what? And this really importantly for the future of this coun- they are saying: Why are you in such a relates to much of the work that we do try, enabling this quadruple bank-shot rush to force us into bankruptcy? in SASC. They know that there is a attempt by Democrats to thread their You know, July 6, 2010—I use this threat from the people who own or hold government dependency fantasy statement all the time, Mr. President. our debt. Japan, our friend and ally, is through a House and a Senate that are Someone you and I each know because at the top of the tier right now. The divided by the narrowest of margins by of our work on Armed Services: Admi- last time I checked last month on who holding this bill, once it passes, hos- ral Mullen. July 6, 2010, he was asked a owns our debt, you know, No. 2 is tage in the House. question: What keeps you up at night? China. They own well over $1 trillion or The stakes here are too high. Amer- What is the greatest threat to our Na- hold over $1 trillion dollars of our debt. ica is an exceptional nation. We are tion’s freedom, our democracy? Do you If you put the OPEC nations together— distinct from all others throughout know what he said? He said: Our Na- and, of course, after the Keystone Pipe- history. We are exceptional because we tion’s debt. line, we are now dependent on OPEC

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.021 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6005 and others for fuel. We were energy Now, I had about 30 amendments that project on our southern border. Amend- independent thanks to President I had offered as improvements for this ment 2406 would redirect $1 billion Trump and Republicans in the House bill. Rest assured, I am not going to from Amtrak. By the way, Amtrak is and Senate. We were energy inde- stand here and go through each and getting many billions of dollars in this pendent. But OPEC is there in that top every one of those amendments, but bill. And it would send that money five, all those OPEC countries grouped there are some things that I thought over to the Department of Homeland together. needed our attention in this bill. Security to finish the southern border So people in Tennessee are really As many of my colleagues know, wall construction. quite—they are miffed. They are put broadband is something that, whether I We all know what is happening on off by what is going on. was serving in the House or back in the that border: record numbers of illegal I was really surprised. I had a text State senate in Tennessee or before aliens coming in, many very sick, this morning from one of my county that, going in and reorganizing the COVID-positive. We know that they are mayors: I am all for infrastructure. I Tennessee Film, Entertainment and ending up—as are drugs, as are gangs— am for the Cornyn amendment. But Music Commission for our Governor, in cities and towns across this Nation. you know what, I am not for this bill broadband and moving from analog to Indeed, until we secure the southern because you have got less—or about 25 digital, making high-speed internet border, every town is a border town, percent of this that goes for something available all across our State, closing every State is a border State. that we would deem infrastructure. that digital divide—I have spent so God bless our law enforcement offi- cers who are fighting this every day. I Tennesseans love to talk about infra- many hours working on this. I filed am hearing from them, and I want structure as four things. They talk three amendments that I felt like them to know I hear them, and I under- about roads, river, railways, and run- would really do some damage control stand the pressures that they are ways. And, of course, we are a logistics on these and help close the divide, get- State. Everyone knows Memphis has a under. ting to our rural and unserved areas, big port and a rail hub, one of two cit- We also know that our communities people who have no internet. ies where all five class A railroads are struggling trying to get back to Amendment No. 2327 would have pro- work and really move forward with re- come into that city. They know that hibited the Federal Government from interstates are important. They criss- growing the economy, but inflation has forcing municipal broadband provider gotten in the way. cross our State—indeed, Nashville, programs into States that have out- where you have three major interstates One of the big problems that people lawed them. that crisscross right there in the mid- point to with the high cost of fuel and Now, Tennessee is one of those States logistics and the packing materials is dle of that city. They know that Ten- that say to municipalities: If you want nessee—so many businesses choose to the killing of the Keystone Pipeline. to serve people within your city, that Amendment 2298 would amend section locate there because we are within an is great. You go ahead. But you can’t 8-hour drive of a majority of the Na- 4034 of the bill, which calls for a study go outside of your boundaries. on job loss and impacts on consumer tion’s population. There are other States that have had Logistics require good roads and riv- energy due to the revocation of the this issue. There is a reason they say: ers and rail and runways, but, you permit for the Keystone XL Pipeline. If you serve your constituents, great, know what, they are not seeing it in My amendment says that if the report but don’t go outside that. It is because this. When you, in the name of infra- shows that killing the pipeline caused States that have allowed these schemes structure, spend this amount of numerous job losses and an impact on ended up banning them for a reason. money—now, I have great respect for consumer energy costs, that the Presi- Usually it is because these govern- my colleagues on each side of the aisle dent should revoke—he shall revoke his ment-run systems would end up im- who have worked to produce a product, Executive order and get out of the way to do it in a bipartisan way. That is ploding, leaving the taxpayers with a of the pipeline construction. Get people back to work and get the commendable. It is commendable. For bill that they were going to have to prices at the pump, get them down. Get Tennesseans, the result is something pay. Now, another amendment, amend- them down to where they were when that is frustrating to them. You know, this is considered to be ment No. 2377, would have prohibited President Trump left office. I mean, the world’s greatest deliberative body. the FCC, our Federal Communications what is the purpose of a report if it doesn’t have any teeth? So let’s take I always appreciated how our former Commission, from implementing price- an action on that. colleague Senator Alexander would setting schemes on broadband pro- viders. Allowing the FCC to do that There is no bill that is ever perfect. talk about the cup and saucer. The hot They all have to be worked on. Many coffee gets poured into the cup. It spills rate-setting and price-setting would de- stroy investment in rural broadband. It times, we come back a year or so later, over into the saucer. It cools off. You and we do technical corrections on a add some sweetener, and you get some- would destroy it. We know this. And it would actually incentivize providers in bill. We make changes. And this is no thing that you enjoy. People expect different. This bill needs time. It needs more. They expect better of this delib- avoiding these unserved areas. Some- times we talk about that as being that a thorough amendment process. It erative body. needs to go back to the committees of Tennesseans know that our Nation’s last mile that needs to get that fiber, jurisdiction to work through these freedom has been well-served by ro- that last mile that needs fixed wireless, that last mile that is needing some issues. bust, respectful, bipartisan debate. Are the American people for infra- That is a good thing. It strengthens form of connectivity. Amendment No. 2328—and we do hope structure? Yes, they are for infrastruc- freedom. It brings people together. It ture. Tennesseans are for infrastruc- brings them to the table to talk about this one makes it in the bill—would strike language permitting regulators ture. I am for infrastructure projects. what is their priority. Yes, indeed. Am I for this piece of leg- Now, unfortunately, most of us in to allow these broadband grant recipi- islation? No, because it is a document this body have not had the opportunity ents to use the money for—and I am that has misplaced priorities. quoting the language in the bill—‘‘any to be at that table. Amendments that I yield the floor. we have worked on that we felt like use determined necessary . . . to facili- I suggest the absence of a quorum. would have improved this bill are not tate the goals of the program.’’ Now, The PRESIDING OFFICER. The going to be heard—not here, not in a this sounds vague. It is vague. If there clerk will call the roll. hearing, in a committee. We are just is one thing that we learned prior when The legislative clerk proceeded to not going to see that as a part of this we put a lot of money out during Presi- call the roll. process. That is unfortunate, and it is dent Obama’s time, it is that some- Mr. LEE. Mr. President, I ask unani- going to be unfortunate if, indeed, that times this money ends up not being mous consent that the order for the happens on the next bill or the bill targeted to broadband but ends up as a quorum call be rescinded. after that or the bill after that. We slush fund. The PRESIDING OFFICER (Mr. should return to regular order and go We also have an amendment that will BROWN). Without objection, it is so or- through this process. deal with a shovel-ready infrastructure dered.

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.022 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6006 CONGRESSIONAL RECORD — SENATE August 7, 2021 H.R. 3684 manufacturers and distributors of cer- $3 trillion, spending about $4 trillion. Mr. LEE. Mr. President, we are de- tain chemicals. The issue there is that This was inexcusable then. It would be bating a bill that a number of us have this fee, while labeled as not a tax—be- inexcusable now, except that we are spoken of on a number of occasions. cause, technically speaking, it is not a making it much, much worse. Since my last address on the Senate tax—will end up increasing the price of Last year, we took in about $3 tril- floor on this topic, we received a score basically every consumer good pur- lion, and we spent $3.6 trillion—bor- on the bill from the Congressional chased by the American people. rowing and then printing close to 4 Budget Office. The way these things end up working trillion additional dollars. What does Now, remember, it is the CBO’s role is that to the tune of about $15 billion this do? Well, it makes all Americans to put together a score on legislation or so, Americans will find that pretty just a little bit poorer, especially those we are considering. It is part of how much everything they buy, from ap- living on a relatively fixed income. the system works in Washington so we parel to electronics, will get a little So this is troubling when we do that. can assess what will and will not add to more expensive. They may not see it. We ought to be concerned when we do the deficit and how it will do so if it In fact, the overwhelming majority of that. Inflation numbers that are com- does. It is an important part of the them won’t even know to attribute it ing out all the time, including some process. to this particular piece of legislation, that I have heard about the first time When we finally received the CBO but it will have that effect. It will today, indicate that everything is get- score just about 48 hours ago, we dis- make all Americans a little poorer. It ting more expensive. And what are we covered a few things. We discovered will make all Americans face the very doing? Well, we are on track to spend that, despite the representations we stark reality in which their already another $1.2 trillion, including $550 bil- have heard by the bill’s staunchest ad- strapped dollars that they earn will go lion of new spending, which the bill’s vocates to the effect that the bill just a little bit less far. proponents claim is paid for when most would be paid for—that it is, that it We have to remember that from one of it isn’t paid for. And that portion of would not add to the debt and deficit, year to the next, we don’t see dramatic it that is paid for is in one way or an- and that it would not add to the debt fluctuations in the quantity of goods other often paid for in a way that will and deficit in a way that also didn’t in- that the American people have access inure to the detriment of poor, middle- volve raising taxes—it turned out that to that they may buy. In other words, class Americans. This is concerning. the CBO rejected the claim that this the U.S. economy is capable of pro- It is also concerning that one of the bill was paid for. In fact, the CBO con- ducing a relatively foreseeable, pre- other pay-for provisions is the one fo- cluded that $256 of the $550 billion it dictable, somewhat finite supply of cused on cryptocurrency. It focuses on claimed in pay-fors did not pay. They goods in a particular year. When that an industry that is rapidly devel- are not paid for, and thus that they doesn’t change dramatically from one oping—rapidly developing within the will considerably—I mean, we are talk- year to the next, as it almost never United States—that depends on a lot of ing here about over a quarter of a tril- does, but you dramatically increase the innovation happening in the United lion dollars that would go right on to money supply in the U.S. economy, States. One of these pay-for provisions the debt and deficit. then what you see is that everything seeks to bring in more revenue to the They also concluded that in the long gets a little bit more expensive. This Federal Government or at least to run, over the next 10 years, we will be ends up hurting, in particular, Amer- promise more revenue to the Federal looking at an additional $340 billion in ica’s poor and middle class. It ends up Government, with the promise of re- cost to the Federal Government—a hurting, in particular, those Ameri- quiring those who spy and sell cost that by some estimates could cans, including most Americans who in cryptocurrency to treat it the same reach as high as $400 billion because of one way or another live paycheck to way as they would the exchange of se- the spillover effect that this bill is paycheck, who in one way or another curities. likely to have on future spending, con- depend on the income that they have, This is very different than securities. tracting authority, and otherwise. and the income that they have is rel- These aren’t just stocks. It is some- So this bill is not paid for. The pay- atively fixed. So, as a result of that, thing very different. It is a medium of fors suggested by the bill’s proponents they don’t get as far. exchange that, if adopted more widely, don’t get the job done. In fact, more Now, you have got some Americans, could facilitate a lot of economic activ- than half of them simply don’t get including the wealthiest and well-con- ity and a lot of innovation within the there. We do, however, see that there nected in our society, who may well United States of America. If, in fact, are some of the pay-fors that create figure out ways to get wealthy off of we pass this bill, mark my words, it is significant policy concerns. this bill. One way or another, they can going to have a chilling effect on inno- One of the pay-fors that isn’t fake is play things to their advantage, and vation within this sector. an extension of the so-called g-fees—g- they may make a lot of money off of it. And what you will see is that the fees being imposed by entities like You have got another category of flight of innovation and investment re- Fannie Mae that will inevitably in- very wealthy Americans—maybe, you lated to innovation to offshore loca- crease the cost that home buyers will know, people in the top 1 or 2 percent tions around the globe, places outside face when they go to buy a home. Now, of income earners—who might notice the United States, may well be the why does that matter here? Well, we that the things they buy are getting ones to reap the benefit associated have seen a startling uptick in infla- more expensive, but it might not affect with the loss here in the United States tion—inflation across the board, every- them all that much. if we adopt an unproven, untested, un- thing from gas to groceries and every- But then you have got everyone else, known strategy for dealing with some- thing from healthcare to housing. We and I mean the vast, overwhelming ma- thing, trying to adopt many decades- see that increasing stunningly in a way jority of all Americans, who, in one old regulatory policies to a completely that a lot of people are pointing out, way or another, plan out each year new form of exchange; one that, by the correctly, that first-time home buyers knowing that they have got a rel- way, values very highly the privacy of are now finding it very difficult to get atively finite amount of money to those who exchange it. into a home. This is something that is spend, and that money goes less far So if what you are going to do is take going to end up affecting all poor and when we just print money to the tune away that value by requiring that all middle-class Americans at a time they of trillions and trillions of dollars. of it be registered and publicly dis- can little afford it. And yet we are in- Remember, the Federal Government, closed and by giving the Federal Gov- creasing these fees—fees that are in ef- in recent years, has been spending ernment the ability to peer into it, you fect a back-door invisible tax on a lot about $4 trillion a year. Tragically, are going to stifle innovation. You are of those who are least in a position to even at the top of our economic cycle, going to make a lot of people upset, pay. with record low unemployment and and you are going to make Americans Some of the other non-fake pay-fors with record high growth, we were still poorer. that actually do bring something in in- spending $1 trillion a year more than At the heart of a lot of this is a con- clude an increase in the fees paid by we were bringing in—bringing in about cern that the Federal Government, as

VerDate Sep 11 2014 03:06 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.025 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6007 it takes more and more money, as it ability of the vehicle to operate if the hard-working American isn’t going to prints more and more money, as it re- vehicle, in its infinite wisdom, was able be able to fix quickly. They won’t even quires Americans to work weeks or to ascertain that the blood alcohol con- be able to see it. There again, they are months out of every year just to pay tent of the driver was over 0.8. going to face more costs as they take their Federal taxes, only to be told Now, look, we are all for stopping their vehicle into the shop to have it that it is not nearly enough and it drunk driving. It is terrible. It results evaluated by a certified technician ca- hasn’t been enough for many decades in countless lives lost. But we can all pable of dealing with that brandnew, because we are nearly $30 trillion in see a lot of things that can go wrong very sophisticated, very expensive debt—it is still not enough because we with that. Setting aside for a minute technology. are still going to borrow and print the constitutional implications of the So with each of these things, we see more. intrusiveness of putting technology in something of a common theme. The It is insulting to them, and it is espe- every passenger vehicle that requires, Federal Government, which already cially insulting to them when you tell at the outset, without any finding that plays too prominent a role in too many them that in connection with the same anyone has done anything wrong, that people’s lives, which is already taxing legislation that also includes other in- requires you to take a test mandated us too much, spying on us too much, trusions into their privacy. by the Federal Government every time and considering everything under the For example, there is a pilot program you want to do something as simple as Sun its business—we are making even called for in this legislation that will turn on your car—then let’s consider more things its business, from be created by this legislation that what happens when, with such a tech- cryptocurrency to where and how far would be designed specifically to mon- nology, which to my knowledge doesn’t you drive your car, to whether you can itor how many miles someone drives in yet exist—with such a technology, as- operate your car at all. We are doing a year. Now, this has long been a fan- suming it is able to come into exist- all of this so that we can spend even tasy of a number of people who would ence because of these burdensome regu- more Federal money on even more Fed- like to see the Federal Government lations in a few years, that technology, eral infrastructure projects, which are tracking miles driven by every motor- if they are able to develop it, is going even more expensive by virtue of the ist in America. to be costly. Who does that hurt? Well, fact that we are dealing with Federal Now, we all know that there is al- you guessed it. Poor and middle-class dollars, for the simple reason that com- most no way to achieve this that Americans who will all of a sudden find pliance with all the Federal regula- wouldn’t excessively interfere with the that every passenger vehicle will be- tions that accompany the expenditure privacy rights of every man, woman, come a lot more expensive. It is just of Federal infrastructure dollars costs and child in America. Look, the Amer- the way it works. a lot of money. In many States like ican people are fine with a government When we mandate the creation of mine, it can cost 20, 30 percent, some- that makes sure that we are safe from new Federal regulations, and those times even more, on top of what it foreign aggressors, that regulates Federal regulations apply to any new would cost if these were just State rev- interstate and foreign commerce, that automobile sold in the United States, enues that they were spending. coins money and regulates the value the price of new automobiles goes up. So I would ask the question: Is it thereof, that adopts a uniform set of And in the case of a particularly novel worth it? I would ask the question: Do bankruptcy laws, immigration laws, and particularly sophisticated tech- we want Big Brother knowing our protects trademarks, copyrights, and nology like this one, I suspect it will every move? I would ask the question: patents. go up a lot. Do we want a government that is al- What they do not want is a nanny. This may not be troubling to the mil- ready requiring you to work weeks or What they do not want is a snooping lionaires and billionaires out there who months out of every year just to pay device added to every car that will don’t feel the pinch of that, but to ev- your Federal taxes? Do you want it track them; that will track where they eryone else, the 99 percent of all Amer- printing even more money, making and their families are going. It is none icans—more than that, I suppose—this sure that the dollars that you spend, of their darn business. Keep the Fed- hurts. Moreover, what happens when which are finite, limited, and sacred, eral Government out of this. Look, that technology malfunctions? Not if will go even less far? I think not, and whether you want more government but when. Look, we have all had cars I urge my colleagues who support this spending or not, chances are, if you are that will malfunction for one reason or legislation to reconsider. listening to this, you probably are con- another, and oftentimes it is basic se- The PRESIDING OFFICER. The sen- cerned, regardless of what political hat curity devices, something as simple as ior Senator from Illinois. you wear, regardless of whom you that annoying beeper that goes off ORDER OF BUSINESS voted for in recent Presidential or con- until you put your seatbelt on. Some- Mr. DURBIN. Mr. President, for the gressional elections. You probably times some people will put their seat- information of Members, we are plan- don’t want the Federal Government in belt on, and it still pings. That is a ter- ning to have a vote at 5 o’clock today your car monitoring your every move ribly annoying nuisance when that on the confirmation of Eunice Lee to knowing where you are going. happens. The consequences are much the Second Circuit Court of Appeals. I We know that when governments do more deeply felt; they are much more wanted Members to make their plans that, when they start to assume that severe if someone gets in the car, accordingly. everything is government’s business, whether it is to go to work, to come Thank you. bad things happen. It ends in tears and home from work, to take a loved one to The PRESIDING OFFICER. The sen- wars. That is none of the Federal Gov- the doctor or the hospital, and it ior Senator from Maryland. ernment’s darn business. We don’t doesn’t work. UNANIMOUS CONSENT REQUEST—S. 2675 want the Federal Government even de- Look, glitches happen, and if you are Mr. CARDIN. Mr. President, I rise to veloping technology to start snooping talking about adding an override to a speak about the Restaurant Revitaliza- on every person’s every move. vehicle—you know, maybe that over- tion Fund, and then I will be asking Which brings me to yet another in- ride to the vehicle mistakenly thinks unanimous consent to consider legisla- trusion on personal privacy and liberty that it smells alcohol, maybe it doesn’t tion. in this legislation. Section 24220 calls like the aftershave or cologne you are We included the Restaurant Revital- for the development and, within just a wearing on that particular day, maybe ization Fund in our March legislation few years, the formalization and final- the whole thing stops working, and on COVID relief. We did that because, ization of regulations that would re- your car stops working with it. This of all of the industries affected by quire passenger vehicles manufactured isn’t one of those things where you can COVID–19, restaurants have been some and sold within the United States to just open up the hood and find the pres- of the most difficult businesses to sur- have a device that would passively ence of an on-off switch, as Jerry vive COVID–19. measure the blood alcohol content of Seinfeld might have put it many years They were ordered by government, the driver and do so in a way that ago. No, this is much more sophisti- basically, to shut down at the begin- would inhibit or at least impair the cated technology that the average, ning of COVID–19. Then, as we started

VerDate Sep 11 2014 03:06 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.026 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6008 CONGRESSIONAL RECORD — SENATE August 7, 2021 to make progress, they were at much by the rescissions that have been made cause they employ so many people, restricted operations. And to this day, in this legislation that we are consid- contract with so many independent restaurants are still not up to their full ering, that is before us today. So for all suppliers and others. It just makes capacity. Their revenues have been of those reasons, this is a fiscally re- such sense. very much decimated as a result of sponsible thing to do. It is almost cruel to tell these res- COVID–19. Lastly, before I yield the floor to the taurants, ‘‘You are on your own now,’’ We came together in March with bi- majority leader, let me say that we when, through no fault of their own, partisan legislation in order to do made a commitment to help our small they have suffered through with something about that, and we included businesses. We did that—Democrats COVID. that in our legislation—$28.6 billion of and Republicans—working together. In So I strongly support this proposal relief for restaurants. Now, what it did some cases we overestimated the dol- by Senator CARDIN. We are going to is cover some of their revenue loss as a lars that we need. In some cases we un- keep at it and keep at it and keep at it result of COVID–19. It gave them a life- derestimated the dollars that we need. because our restaurants so desperately line to be able to survive this pan- But we always came back and provided need the help. demic. the full funding for the programs we It was bipartisan in the past. Let’s We projected that $28.6 billion would have authorized, and, in total, it is not keep it bipartisan, but let’s get the job be the need, but we were wrong. We much different than has previously done. Our restaurants need help, and were wrong because COVID–19 was been authorized. our communities, our cities, our rural more severe than we thought, res- This is a matter of fairness and a towns, our suburbs will be so rewarded taurants were more badly damaged matter of absolute need that we pro- when these restaurants are allowed to than we had anticipated, and there was vide the extra money now for the res- continue to stay open and to flourish. a great deal of more demand and need taurants. I thank the Senator for his leader- than the $28.6 billion. We are now being Before I make my unanimous consent ship. told by the Small Business Administra- request, I would yield the floor so the The PRESIDING OFFICER. The Sen- tion that the right number was $71.3 majority leader can get the floor. ator from Maryland. Mr. CARDIN. Mr. President, let me billion, or an additional $42.7 billion The PRESIDING OFFICER. The ma- thank Senator SCHUMER for his com- that is needed. jority leader is recognized. I have introduced bipartisan legisla- Mr. SCHUMER. Well, I thank my ments. I agree completely with every- tion to provide this additional author- good friend from Maryland for offering thing the Senator said. I would just make one additional ity to the SBA to complete this pro- this UC, and strongly and fervently point before I make my unanimous gram. It is bipartisan. My partner in support it. I have been proud to join Senators consent request. this is Senator WICKER. We are joined What I am asking for now has been CARDIN and SINEMA in leading the fight by Senator SCHUMER, Senator MUR- what we have been following in regard to provide direct relief to this industry. KOWSKI, Senator CANTWELL, Senator to small business relief. Let me remind We all know restaurants were particu- ERNST, Senator SINEMA, Senator CAS- our colleagues that we work together, larly hard hit during COVID, and the SIDY, Senator STABENOW, and Senator Democrats and Republicans, to craft idea that they have all recovered is HYDE-SMITH. And I might add, there the programs that help small business just so far from the truth. are many, many more Senators on both and save so many small businesses in You know, any business where people sides of the aisle who very much sup- our community. had to gather were hit hard—hit the port our efforts to live up to our com- We misprojected the costs of the Pay- hardest; restaurants at the very top of mitment. check Protection Program, not by $30 the list, and they are a lifeblood to our Now, why do we need to take this up or $40 billion, by over $300 billion when cities and our communities. They, of right now? we set it up. And we came back, Demo- course, are a place where people get This is a matter of life or death for crats and Republicans lived up to our food, but they get community. They many restaurants in our community. commitment and made the funds avail- join together. They feel roots. Whether There is also a matter of fairness. able that all small businesses could get it is a small town or a large city, res- We have two restaurants, side by fair treatment and equitable treatment taurants in neighborhood after neigh- side, in the exact same circumstances, under the Paycheck Protection Pro- borhood, community after community, submitting their applications on the gram. same day, having the exact same need. are often the glue that make commu- I am asking my colleagues to do the Both were advised that they will get nities tick; and they were hurt. exact same thing we did for the Pay- funding. One got funding before the The funds that we provided, provided check Protection Program for the Res- $28.6 billion was exhausted. The other a lifeline to 100,000 applicants across taurant Revitalization Program. that was told they were going to get the country. In my State of New York, And as already has been pointed out, funding, they won’t get funding unless $3.6 billion went to 9,775 restaurants. there have been funds taken away from we act. That is not right. But the job wasn’t done. They ran out the small business programs under the There is a matter of the credibility of of money long before restaurants were bill we are considering on the floor the U.S. Senate and of Congress and of helped. today to almost the same amount that government. We say we are going to do And anyone who thinks our res- we are asking in supplemental funds. something. We should live up to our taurants are out of trouble, I just ate With that, Mr. President, I ask unan- commitments. The urgency of getting at one last night—a Polish couple in imous consent that the Senate proceed this done is now. Greenpoint—lovely little restaurant: to the immediate consideration of S. I don’t think there is a Senator in Are you hurting? Yes; we might go 2675 introduced earlier today; that the this Chamber who hasn’t heard from under. bill be considered read three times and restaurants in their State about how And this story could be repeated in passed; and the motion to reconsider be badly they need these funds and how restaurant after restaurant after res- considered made and laid upon the they thought these funds were going to taurant. table. be in their bank, and they are no In New York, 27,000 restaurants are The PRESIDING OFFICER. Is there longer in the bank. I have heard from waiting in desperation. These are hard- objection? so many Senators about this. The ur- working people—very hard-working Mr. PAUL. Mr. President. gency is now. people. They struggle. They put their The PRESIDING OFFICER. The jun- Let me just anticipate one other ar- all, their whole heart and soul, into the ior Senator from Kentucky. gument that I might hear, and that is: business and provide, as I said, often Mr. PAUL. The Treasury has been so Well, where are we getting this money the glue for our communities. thoroughly looted that we are incur- from? This legislation is fair. It is smart. It ring debt at a record-setting and Well, legislation before us takes $36 is right. We will get economic payback alarming pace. Never in the history of billion out of the small business pro- over and over and over again from our country have we incurred so much grams—$36 billion. So this is paid for keeping these restaurants going be- debt so fast.

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.028 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6009 Our national debt now exceeds $28 issue. I can tell you, it is urgent. We Again, I thank the Senator from trillion. It is now at 128 percent of our really need to deal with this imme- Maryland for bringing this before us. I GDP. And we are asked by the Demo- diately, and we will be looking for hope he will continue to offer it. cratic Party to add $48 billion without every available opportunity to treat I yield the floor. so much as a—could we have a debate our restaurants equitably and fairly The PRESIDING OFFICER. The Sen- in committee?—so much as even a word and provide the money that is needed ator from New Mexico. spoken over this. We are just going to to implement the Restaurant Revital- Mr. HEINRICH. I suggest the absence add $48 billion with no discussion. It is ization Program. of a quorum. a huge mistake. I regret that we are not able to act The PRESIDING OFFICER. The Now, it has been alleged that, well, today because of the Senator’s objec- clerk will call the roll. the thing is that the restaurants are tion. The senior assistant legislative clerk suffering because of COVID. No. They I yield the floor. proceeded to call the roll. The PRESIDING OFFICER. The as- are suffering because Democrat Gov- Mr. SCHUMER. Mr. President, I ask sistant majority leader. ernors locked them down. This is a unanimous consent that the order for Mr. DURBIN. Mr. President, I just manmade phenomenon. The economic the quorum call be rescinded. disaster that we are in, that res- would like to add a word and thank the Senator from Maryland for his leader- The PRESIDING OFFICER. Without taurants are in, is completely and en- objection, it is so ordered. tirely caused by Democrat Governors. ship, and the Senator from New York In my State, they are suing the Dem- for supporting this, and to reflect for a NOMINATION OF EUNICE C. LEE ocrat Governor because he won’t let moment on the comments of the objec- Mr. SCHUMER. Mr. President, in a them open up. This is a manmade phe- tor, the Senator from Kentucky. minute, I am going to ask to vote on nomenon. So if you reward a manmade His exact words were: We have got to confirmation for Eunice Lee to be a phenomenon, you will get more of it. learn to live with this. U.S. circuit judge on the Second Cir- You reward Democrat Governors who Unfortunately, people are not living cuit. She is an amazing person. I inter- shut these restaurants down, guess with this; they are getting infected and viewed her and recommended her to what, they will shut them down longer. dying. And to accept the status quo the President. She will be the only pub- The longer you give money to Demo- and somehow make it a partisan lic defender on the Second Circuit. We crat Governors for their lockdown poli- issue—that it is the Democratic Gov- have had very, very few public defend- cies, the more lockdowns you will get. ernors who are responsible for what is ers on that circuit and largely on our We need to open up the country. We going on here—is a sad oversimplifica- Federal bench. They tend to be pros- need to learn to live with this disease. tion. In fact, it is tragic. ecutors, partners in big law firms. We As tragic as it has been, we need to We know what is happening. We have are changing all of that and getting learn to live with it. a new variant of this COVID–19 virus people who have different walks of But the lockdowns have not worked. that has emerged because it is still on life—like public defenders, like people Closing the restaurants did not work, the loose and it is changing by the day. from the ACLU, like people from dif- did not change the trajectory of this We think the Delta variant is dan- ferent organizations—so we have a new virus one iota. The only thing that is gerous, maybe dramatically more con- perspective on the bench. She is a phe- changing the trajectory of this virus tagious than the original virus. nomenal person. I am so proud that she now is the vaccine, plus natural immu- We know that even people who have will now get on the bench. nity. Closing the restaurants did noth- been vaccinated can unknowingly I ask that the Senate now vote on ing and is doing nothing, except for transmit this disease, the new Delta confirmation of the Lee nomination to devastating the bottom line of res- variant, and we know that it has taken be a U.S. circuit judge. taurants. a deadly toll on 90 percent of the pa- So with that, I would object to the tients who were not vaccinated and f unanimous consent. were subjected to the illness that came The PRESIDING OFFICER. The ob- about. EXECUTIVE SESSION jection is heard. I just want to say, in general, I Mr. CARDIN. Mr. President. couldn’t agree more with Senator --- The PRESIDING OFFICER. The Sen- SCHUMER and Senator CARDIN that res- ator from Maryland. taurants in our cities are really the EXECUTIVE CALENDAR Mr. CARDIN. Mr. President, I regret lifeblood. Whether it is my hometown The PRESIDING OFFICER. Under the decision of my colleague from Ken- of Springfield, IL, or Chicago, which I the previous order, the Senate will pro- tucky. am honored to represent, I will tell you ceed to executive session to consider I just really want to point out, we that these restaurants are still strug- the following nomination, which the have had hearings in our committee— gling, and as they struggle, our cities clerk will report. Small Business Committee—in which struggle. the Restaurant Revitalization Act was And people that I know really meas- The senior assistant legislative clerk very much brought up during the hear- ure where we are, as an American na- read the nomination of Eunice C. Lee, ing. tion, recovering by the vibrancy of of New York, to be United States Cir- We have been receiving timely infor- these restaurant businesses, the ones cuit Judge for the Second Circuit. mation about this program and how it that are our favorites and bring us to- The PRESIDING OFFICER. The has been implemented and the need for gether. question is, Will the Senate advise and additional funds. So our committee has They have done their part. We should consent to the Lee nomination? had ample opportunity to question how do our part to give them a helping Mr. SCHUMER. I ask for the yeas the program was being administered hand. Let’s get through this pandemic and nays. and the need for different funds. together. We are certainly not going to The PRESIDING OFFICER. Is there a I also regret that my colleague is do it by saying that we have to accept sufficient second? holding the restaurants pretty much the Delta variant and that whatever There appears to be a sufficient sec- hostage and saying it is all right for us else follows is just the natural course ond. to give money to some but not others, of things. The clerk will call the roll. when the administration of this was We have it within our power to Mr. THUNE. The following Senators compromised because of a court case, change that. More vaccinations and are necessarily absent: the Senator and certain restaurants are now des- more careful use of masks and social from Tennessee (Mrs. BLACKBURN), the perate as a result of not having ade- distancing will make a difference—can Senator from South Carolina, (Mr. quate funds. make a real difference in this country. GRAHAM), and the Senator from Florida I am encouraged by the comments of Until we come to grips with that re- (Mr. RUBIO). the majority leader, Senator SCHUMER, ality, we are going to continue to face The result was announced—yeas 50, that we will continue to focus on this these devastating disappointments. nays 47, as follows:

VerDate Sep 11 2014 00:53 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.029 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6010 CONGRESSIONAL RECORD — SENATE August 7, 2021 [Rollcall Vote No. 310 Ex.] come to some agreement tomorrow, A resolution (S. Res. 343) relative to the YEAS—50 but time is burning as we go forward. death of the Honorable Maurice Robert Grav- el, former Senator from the State of Alaska. Baldwin Hickenlooper Reed So for the information of Members, Bennet Hirono Rosen keep working, and we will resume at 12 There being no objection, the Senate Blumenthal Kaine Sanders noon. proceeded to consider the resolution. Booker Kelly Schatz I suggest the absence of a quorum. Mr. SCHATZ. Mr. President, I ask Brown King Schumer Cantwell Klobuchar The PRESIDING OFFICER. The unanimous consent that the resolution Shaheen be agreed to, the preamble be agreed Cardin Leahy Sinema clerk will call the roll. ´ Carper Lujan Smith to, and the motions to reconsider be Casey Manchin The senior assistant legislative clerk Stabenow considered made and laid upon the Coons Markey proceeded to call the roll. Tester Cortez Masto Menendez table with no intervening action or de- Van Hollen Mr. SCHATZ. Mr. President, I ask Duckworth Merkley unanimous consent that the order for bate. Durbin Murphy Warner The PRESIDING OFFICER. Without Warnock the quorum call be rescinded. Feinstein Murray objection, it is so ordered. Gillibrand Ossoff Warren The PRESIDING OFFICER (Mr. The resolution (S. Res. 343) was Hassan Padilla Whitehouse LUJA´ N). Without objection, it is so or- Heinrich Peters Wyden agreed to. dered. The preamble was agreed to. NAYS—47 f (The resolution, with its preamble, is Barrasso Grassley Portman printed in today’s RECORD under ‘‘Sub- Blunt Hagerty Risch EXECUTIVE SESSION Boozman Hawley Romney mitted Resolutions.’’) Braun Hoeven Rounds f Burr Hyde-Smith Sasse Capito Inhofe Scott (FL) EXECUTIVE CALENDAR MORNING BUSINESS Cassidy Johnson Scott (SC) Mr. SCHATZ. Mr. President, I ask Collins Kennedy Shelby Cornyn Lankford unanimous consent that the Senate Sullivan RESIDENTIAL SATELLITE Cotton Lee Thune proceed to executive session to con- Cramer Lummis BROADBAND SERVICE Tillis sider the following nominations en Crapo Marshall Toomey bloc: Calendar Nos. 249, 271, and 166; Mr. CARDIN. Mr. President, my Cruz McConnell State of Maryland has a proud history Daines Moran Tuberville that the Senate vote on the nomina- Ernst Murkowski Wicker tions en bloc with no intervening ac- of innovation in satellite technology Young Fischer Paul tion or debate and that the motions to and space exploration. Greenbelt, MD, NOT VOTING—3 reconsider be considered made and laid is home to Goddard, the National Aero- nautics and Space Administration’s Blackburn Graham Rubio upon the table; that any statements re- lated to nominations be printed in the first Space Flight Center Space Flight The nomination was confirmed. Center. The National Oceanic and At- RECORD; that the President be imme- The PRESIDING OFFICER (Mr. mospheric Administration, which oper- HEINRICH). Under the previous order, diately notified of the Senate’s action and the Senate resume legislative ses- ates a fleet of weather satellites, has the motion to reconsider is considered its headquarters in Silver Spring. Addi- made and laid upon the table, and the sion. The PRESIDING OFFICER. Without tionally, the largest provider of resi- President will be immediately notified dential satellite broadband service, of the Senate’s action. objection, it is so ordered. The clerk will report the nomina- Hughes Network Systems, is f tions en bloc. headquartered in Germantown. Hughes LEGISLATIVE SESSION The senior assistant legislative clerk serves consumers in some of the most read the nominations of Bryan Todd rural, hard-to-reach areas of the coun- Newland, of Michigan, to be an Assist- try. As the Senate considers the bipar- INVESTING IN A NEW VISION FOR ant Secretary of the Interior; Carlos tisan infrastructure bill, I believe there THE ENVIRONMENT AND SUR- Del Toro, of Virginia, to be Secretary is broad agreement that the broadband FACE TRANSPORTATION IN of the Navy; Christopher Paul Maier, of deployment grants established by the AMERICA ACT—Continued California, to be an Assistant Sec- bill and administered by the Depart- The PRESIDING OFFICER. The Sen- retary of Defense. ment of Commerce would help bring ate will resume legislative session. Thereupon, the senate proceeded to broadband service to unserved and un- The Senator from Illinois. consider the nominations en bloc. derserved households in some of the Mr. DURBIN. Mr. President, I sug- The PRESIDING OFFICER. The most rural areas in the U.S. I also be- gest the absence of a quorum. question is, Will the Senate advise and lieve that satellite technology can and The PRESIDING OFFICER. The consent to the Newland, Del Toro, and should be one of the technological op- clerk will call the roll. Maier nominations en bloc? tions for achieving our broadband de- The legislative clerk proceeded to The nominations were confirmed en ployment goals. Because a geo-sta- call the roll. bloc. tionary satellite orbits at 22,500 miles Mr. SCHUMER. Mr. President, I ask f above earth, however, even signals unanimous consent that the order for traveling at the speed of light take a the quorum call be rescinded. LEGISLATIVE SESSION split-second longer to reach their des- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- tination, causing ‘‘latency’’—or delay— objection, it is so ordered. ate will now resume legislative session. in real-time broadband applications. UNANIMOUS CONSENT AGREEMENT—H.R. 3684 f Fortunately, satellite innovators in Mr. SCHUMER. Mr. President, I ask Maryland and elsewhere have designed unanimous consent that the time dur- RELATIVE TO THE DEATH OF THE measures to reduce latency by using a ing any recess, adjournment, or period HONORABLE MAURICE ROBERT mix of communications platforms, in- of morning business count postclosure. GRAVEL, FORMER SENATOR cluding low-earth orbit satellites and The PRESIDING OFFICER. Is there FROM THE STATE OF ALASKA fixed wireless networks. objection? Mr. SCHATZ. Mr. President, I ask I believe that where the broadband Without objection, it is so ordered. unanimous consent that the Senate grants provision in division F, title I of ORDER OF BUSINESS proceed to the consideration of S. Res. the infrastructure bill establishes a Mr. SCHUMER. For the information 343, submitted earlier today. ‘‘real-time, interactive’’ standard for of all Senators, the Senate will con- The PRESIDING OFFICER. The permissible latency, residential sat- vene at noon tomorrow and resume clerk will report the resolution by ellite broadband service providers may consideration of the infrastructure bill. title. meet this standard by offering a hybrid We have been working hard all day The assistant legislative clerk read mix of geostationary and nongeo- on amendments, and, hopefully, we can as follows: stationary satellite networks or fixed

VerDate Sep 11 2014 03:06 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.004 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6011 wireless networks. I look forward to mismanaged by President Lungu to the this by partnering with civil society, working with Senator CANTWELL in her point of defaulting on its foreign loans, restoring freedom of the press, and re- capacity as chair of the Senate Com- has resulted in mass youth unemploy- specting civil liberties. They must ac- merce Committee, Commerce Sec- ment and rising inequality. Dr. cept that dissent and protest are not a retary Raimondo, and the National Sishuwa also noted Western countries’ threat to their power, but rather proof Telecommunications and Information declining assistance to Zambia and of a healthy polity. Administration on this important their silence on its democratic back- This will be a long and difficult proc- issue. sliding. He painted a vivid image of a ess which will test the courage and pa- f once-peaceful and prosperous country triotism of Zambia’s elites. Next on the brink of calamity. According to week’s elections may be the first step ZAMBIA the Committee to Protect Journalists, towards Zambia’s renewal or else the Mr. MENENDEZ. Mr. President, I Zambian police began investigating Dr. next step towards its ruin. Perhaps rise to discuss Zambia’s upcoming elec- Sishuwa for sedition shortly after the President Lung can take inspiration tions and the erosion of democracy essay’s publication. from Kenneth Kendal’s final act of under President Edgar Lungu. On Au- Indeed, political violence has already leadership and put his country before gust 12, the people of Zambia will go to arrived on the streets of Zambia. his own political interests. the polls to elect their President and Fighting between supporters of the PF f members of the National Assembly. and the opposition United Party for RECOGNIZING THE MINORITY They will do so under the cloud of National Development—UPND—left at VETERANS OF AMERICA growing authoritarianism, with troops least two people dead last week. Troops Mrs. MURRAY. Mr. President, I rise in the streets, protesters in prison, and have been mobilized to restore order, today to pay tribute to Minority Vet- dissenting voices muzzled by censor- but Zambian security forces have also erans of America on the occasion of ship. Indeed, many Zambians have good been accused of using deadly force their fourth anniversary on August 7, reason to be dissatisfied with their against peaceful protesters. 2021. Minority Veterans of America is present government and, in a free and The United States has a clear inter- doing important work in home State of fair vote, might very well reject Presi- est in ensuring that Zambia remains a Washington and around the country dent Lungu’s bid for reelection. But I free and stable country. We have pro- advancing equity and justice for nearly fear they may not have that oppor- vided approximately $500 million in as- 5 million underrepresented veterans, tunity. sistance to Zambiaa every year. At a including women, people of color, For nearly 30 years, Zambians have time of increasing instability in South- LGBTQIA+, and religious and nonreli- enjoyed a relatively free and open po- ern Africa, with unrest in South Africa gious minorities. As a nation, we make litical environment. In 1991, Zambia’s and Eswatini, crackdowns in a promise to take care of our veterans founding father Kenneth Kaunda lost Zimbabwe, a brutal insurgency in Mo- when they return from service. It is the the country’s first multiparty election zambique, and the rampant spread of least we can do for those who have sac- in decades and gracefully stepped aside COVID–19, the region cannot afford rificed to defend our freedoms. Minor- after 27 years in power. President Zambia’s collapse. We know that insta- ity Veterans of America addresses the Kaunda died in June of this year, at bility anywhere has a rippling effect additional challenges minority vet- the age of 97, with a complicated leg- that impacts U.S. interests and our al- erans face in receiving the benefits acy; he was a liberator, but also held lies. they have earned. an iron grip on power for nearly three Moreover, Zambia presents a test for Minority Veterans of America was decades. However, his final act of pub- the Biden administration’s commit- founded in Washington State in 2017 by lic service paved the way for democ- ment to promoting and protecting de- two military veterans, Lindsay Church racy to take root in his country in the mocracy abroad. I encourage the ad- and Katherine Pratt. Over the course years that followed. Sadly, President ministration to more address Zambia’s of 4 years, Minority Veterans of Amer- Lungu is erasing that monumental democratic backsliding. I hope that is ica has grown to include thousands of contribution to the Zambian people. corrected before elections commence. members spread across nearly every Since President Lungu’s rise to We should be clear with President State. They have worked tirelessly ad- power in 2014, he has used the organs of Lungu that the United States does not vocating for reforms that address eco- the state to intimidate his political op- tolerate authoritarianism and that the nomic and health disparities among ponents and consolidate power for his generosity of the American people is minority veterans. In my home State Patriotic Front—PF—party. Freedom not without limits. The United States of Washington, they have organized in- House rates Zambia as only ‘‘partly should increase support for Zambian novative programs that address the free,’’ citing laws and government ac- civil-society and democracy and gov- unique need of minority veterans in tions which have had the effect of re- ernance programming in Zambia. Fi- transitioning to civilian life, financial stricting the activities of opposition nally, the Biden administration can stability, social engagement, and ac- parties, limiting civil society partici- demonstrate its commitment to the bi- cess to resources. At the national level, pation, and curbing free expression. lateral relationship by nominating a Minority Veterans of America has or- Similarly, the U.S. Department of skilled and experienced diplomat to ganized grassroots movements to ad- State, in its 2020 Country Reports on serve as ambassador to Zambia. dress issues such as discrimination in Human Rights Practices, noted ‘‘sig- While the United States stands with the military, military sexual trauma, nificant human rights issues’’ in Zam- the Zambian people, ultimately, re- and the transgender military ban. They bia, particularly in the area of elec- sponsibility for Zambia’s democratic also work directly with the Depart- tions and political participation. decline lies squarely with President ment of Veterans Affairs to increase In March, the Zambian political ana- Lungu and his government. In the equitable and inclusive access to serv- lyst Dr. Sishuwa Sishuwa published an short term, President Lungu must ices. essay in which he warned that ‘‘Zambia commit to holding free and fair elec- It is clear to me that Minority Vet- may burn after the August elections.’’ tions on August 12 and ensure trans- erans of America has made a substan- He wrote that the public’s distrust of parency in the process by permitting tial contribution to veterans in Wash- Zambia’s institutions and the ruthless election monitors to observe the vote ington State and across the country. It competition between its political elites without restrictions. He must also pub- is my pleasure to thank Minority Vet- had contributed to a climate of fear licly commit to accept the outcome of erans of America for their hard work and anger that could plunge the coun- the election, and step aside should he and commitment. I congratulate Mi- try into chaos. The subversion of the lose. Regardless of the outcome, the nority Veterans of America on 4 years independence of the courts and other PF, UPND, and all other parties must of outstanding service to our military public institutions has led to a lack of work together to restore the integrity veterans and look forward to working confidence. Credible allegations of cor- and independence of public institu- with them in the years to come as we ruption and impunity have been made tions, end impunity for state violence, continue to advance equity and inclu- against leaders. A collapsing economy, and address corruption. They must do sion for our veterans.

VerDate Sep 11 2014 03:06 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G07AU6.034 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6012 CONGRESSIONAL RECORD — SENATE August 7, 2021 MEASURES PLACED ON THE MERKLEY, Mr. SCHATZ, Mr. VAN HOL- S.J. RES. 10 CALENDAR LEN, Mrs. SHAHEEN, and Mr. COONS): At the request of Mr. KAINE, the S. Res. 342. A resolution expressing the name of the Senator from Georgia (Mr. The following bills were read the sec- sense of the Senate regarding the practice of ond time, and placed on the calendar: OSSOFF) was added as a cosponsor of politically motivated imprisonment of S.J. Res. 10, a joint resolution to repeal S. 2670. A bill to provide for redistricting women around the world and calling on gov- reform, and for other purposes. ernments for the immediate release of the authorizations for use of military S. 2671. A bill to amend the Federal Elec- women who are political prisoners; to the force against Iraq, and for other pur- tion Campaign Act of 1971 to provide for ad- Committee on Foreign Relations. poses. ditional disclosure requirements for corpora- By Ms. MURKOWSKI (for herself, Mr. AMENDMENT NO. 2504 tions, labor organizations, Super PACs and SULLIVAN, Mr. SCHUMER, Mr. MCCON- At the request of Ms. ERNST, the other entities, and for other purposes. NELL, Ms. BALDWIN, Mr. BARRASSO, name of the Senator from Iowa (Mr. Mr. BENNET, Mrs. BLACKBURN, Mr. f GRASSLEY) was added as a cosponsor of BLUMENTHAL, Mr. BLUNT, Mr. BOOK- REPORTS OF COMMITTEES ER, Mr. BOOZMAN, Mr. BRAUN, Mr. amendment No. 2504 intended to be pro- posed to H.R. 3684, a bill to authorize The following reports of committees BROWN, Mr. BURR, Ms. CANTWELL, funds for Federal-aid highways, high- were submitted: Mrs. CAPITO, Mr. CARDIN, Mr. CAR- PER, Mr. CASEY, Mr. CASSIDY, Ms. way safety programs, and transit pro- By Mrs. MURRAY, from the Committee on COLLINS, Mr. COONS, Mr. CORNYN, Ms. grams, and for other purposes. Health, Education, Labor, and Pensions, CORTEZ MASTO, Mr. COTTON, Mr. with an amendment in the nature of a sub- AMENDMENT NO. 2536 CRAMER, Mr. CRAPO, Mr. CRUZ, Mr. stitute: At the request of Mrs. HYDE-SMITH, DAINES, Ms. DUCKWORTH, Mr. DURBIN, S. 2401. A bill to reauthorize the Assistive the name of the Senator from Texas Ms. ERNST, Mrs. FEINSTEIN, Mrs. Technology Act of 1998 , and for other pur- FISCHER, Mrs. GILLIBRAND, Mr. GRA- (Mr. CRUZ) was added as a cosponsor of poses. HAM, Mr. GRASSLEY, Mr. HAGERTY, amendment No. 2536 intended to be pro- f Ms. HASSAN, Mr. HAWLEY, Mr. HEIN- posed to H.R. 3684, a bill to authorize INTRODUCTION OF BILLS AND RICH, Mr. HICKENLOOPER, Ms. HIRONO, funds for Federal-aid highways, high- JOINT RESOLUTIONS Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. way safety programs, and transit pro- INHOFE, Mr. JOHNSON, Mr. KAINE, Mr. grams, and for other purposes. The following bills and joint resolu- KELLY, Mr. KENNEDY, Mr. KING, Ms. f tions were introduced, read the first KLOBUCHAR, Mr. LANKFORD, Mr. and second times by unanimous con- LEAHY, Mr. LEE, Mr. LUJA´ N, Ms. LUM- SUBMITTED RESOLUTIONS sent, and referred as indicated: MIS, Mr. MANCHIN, Mr. MARKEY, Mr. MARSHALL, Mr. MENENDEZ, Mr. --- By Mr. MENENDEZ (for himself and MERKLEY, Mr. MORAN, Mr. MURPHY, SENATE RESOLUTION 341—COM- Mr. VAN HOLLEN): Mrs. MURRAY, Mr. OSSOFF, Mr. S. 2672. A bill to authorize the Department MEMORATING THE 70TH ANNI- PADILLA, Mr. PAUL, Mr. PETERS, Mr. of Housing and Urban Development to trans- VERSARY OF THE SIGNING OF PORTMAN, Mr. REED, Mr. RISCH, Mr. form neighborhoods of extreme poverty into THE SECURITY TREATY AMONG ROMNEY, Ms. ROSEN, Mr. ROUNDS, Mr. sustainable, mixed-income neighborhoods RUBIO, Mr. SANDERS, Mr. SASSE, Mr. AUSTRALIA, NEW ZEALAND, AND with access to economic opportunities, by re- SCHATZ, Mr. SCOTT of Florida, Mr. THE UNITED STATES OF AMER- vitalizing severely distressed housing, and SCOTT of South Carolina, Mrs. SHA- ICA investing and leveraging investments in HEEN, Mr. SHELBY, Ms. SINEMA, Ms. well-functioning services, educational oppor- Mr. MENENDEZ (for himself, Mr. SMITH, Ms. STABENOW, Mr. TESTER, tunities, public assets, public transportation, RISCH, Mr. DURBIN, and Mr. BLUNT) sub- Mr. THUNE, Mr. TILLIS, Mr. TOOMEY, and improved access to jobs, and for other mitted the following resolution; which Mr. TUBERVILLE, Mr. VAN HOLLEN, purposes; to the Committee on Banking, Mr. WARNER, Mr. WARNOCK, Ms. WAR- was referred to the Committee on For- Housing, and Urban Affairs. REN, Mr. WHITEHOUSE, Mr. WICKER, eign Relations: By Ms. KLOBUCHAR (for herself and Mr. WYDEN, and Mr. YOUNG): S. RES. 341 Mr. WICKER): S. Res. 343. A resolution relative to the S. 2673. A bill to amend the Omnibus Crime Whereas the United States and Australia death of the Honorable Maurice Robert Grav- Control and Safe Streets Act of 1968 to mod- signed the Security Treaty among Australia, el, former Senator from the State of Alaska; ify the provisions relating to treatment New Zealand, and the United States of Amer- considered and agreed to. courts; to the Committee on the Judiciary. ica (referred to in this resolution as the By Mr. WYDEN (for himself and Mr. f ‘‘ANZUS Treaty’’) in San Francisco on Sep- tember 1, 1951; CASEY): ADDITIONAL COSPONSORS S. 2674. A bill to reauthorize funding for Whereas the United States Senate provided programs to prevent, investigate, and pros- S. 864 advice and consent for ratification of the ecute elder abuse, neglect, and exploitation, At the request of Mr. KAINE, the ANZUS Treaty on March 20, 1952, and the and for other purposes; to the Committee on name of the Senator from Pennsyl- ANZUS Treaty entered into force on April Finance. 29, 1952; vania (Mr. CASEY) was added as a co- By Mr. CARDIN (for himself, Mr. Whereas the signing of the ANZUS Treaty sponsor of S. 864, a bill to extend Fed- WICKER, Mr. SCHUMER, Ms. MUR- formalized an alliance that began when KOWSKI, Ms. CANTWELL, Ms. ERNST, eral Pell Grant eligibility of certain United States and Australian forces fought Ms. SINEMA, Mr. CASSIDY, Ms. STABE- short-term programs. together and won the Battle of Hamel on the NOW, and Mrs. HYDE-SMITH): S. 2578 Western Front, France on July 4, 1918, under the command of Australian General John S. 2675. A bill to amend the American Res- At the request of Mr. BROWN, the Monash; cue Plan Act of 2021 to increase appropria- names of the Senator from Wisconsin tions to Restaurant Revitalization Fund, and Whereas since 1915, the United States, Aus- for other purposes; to the Committee on (Ms. BALDWIN), the Senator from New tralia, and New Zealand have a longstanding Small Business and Entrepreneurship. Jersey (Mr. BOOKER), the Senator from history of supporting each other in the realm f Vermont (Mr. LEAHY) and the Senator of defense and security, fighting alongside from Virginia (Mr. KAINE) were added each other during World War I, World War II, SUBMISSION OF CONCURRENT AND as cosponsors of S. 2578, a bill to extend the Korean War, the Vietnam War, and in Af- SENATE RESOLUTIONS the moratorium on residential evic- ghanistan and Iraq; tions, and for other purposes. Whereas more than 100,000 Australian and The following concurrent resolutions New Zealander service members have paid and Senate resolutions were read, and S. 2668 the ultimate sacrifice alongside their broth- referred (or acted upon), as indicated: At the request of Ms. ROSEN, the ers and sisters in arms from the United By Mr. MENENDEZ (for himself, Mr. name of the Senator from Montana States; RISCH, Mr. DURBIN, and Mr. BLUNT): (Mr. TESTER) was added as a cosponsor Whereas Australia is the only party to the S. Res. 341. A resolution commemorating of S. 2668, a bill to require the Office of treaty to invoke Article IV of the ANZUS the 70th anniversary of the signing of the Se- Internet Connectivity and Growth at Treaty, done so on September 14, 2001, in re- curity Treaty among Australia, New Zea- sponse to the terrorist attacks on the United land, and the United States of America; to the National Telecommunications and States on September 11, 2001, in a show of the Committee on Foreign Relations. Information Administration to provide stalwart support for the American people; By Mr. MENENDEZ (for himself, Mr. assistance relating to broadband ac- Whereas the Force Posture Agreement be- CARDIN, Mr. KAINE, Mr. MARKEY, Mr. cess, and for other purposes. tween the Government of Australia and the

VerDate Sep 11 2014 01:44 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.007 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6013 Government of the United States of Amer- chor for peace, security, and stability in the (3) supports new opportunities to deepen ica, done at Sydney August 12, 2014, enables Indo-Pacific for decades’’; and broaden military and security relations closer security and defense cooperation be- Whereas New Zealand and the United among the United States, Australia, and tween the two allies; States have enjoyed strong ties for decades, New Zealand; Whereas the United States and Australia bolstered by shared cultural traditions, val- (4) supports continued diplomatic, secu- conduct diverse joint military exercises and ues, and common interests; rity, and scientific cooperation among the training to enhance capabilities throughout Whereas on November 5, 2010, the United United States, Australia, and New Zealand the world, and Australia hosts United States States and New Zealand signed the Wel- to advance a free and open Indo-Pacific re- Marines at its bases in the Northern Terri- lington Declaration, which was then en- gion; and tory; hanced in 2012 by the signing of the Wash- (5) supports new opportunities to deepen Whereas nearly 600 Australian defense per- ington Declaration, strengthening the de- and broaden economic ties among the United sonnel work alongside the United States fense relationship by providing a framework States, Australia, and New Zealand to boost military in 31 states and the District of Co- and strategic guidance for security coopera- our respective competitiveness and to re- lumbia; tion and defense dialogues; spond to attempts at economic coercion Whereas the United States and Australia Whereas in November 2016, the destroyer through mutual action and building resil- continue to strengthen their mutual security USS Sampson visited New Zealand at the re- ience in the Indo-Pacific region. quest of the New Zealand Government, the interests, including through the biennial f Talisman Sabre exercise, a joint bilateral first bilateral ship visit in more than 30 years, providing humanitarian assistance military exercise most recently concluded in SENATE RESOLUTION 342—EX- and disaster relief to affected communities July 2021, which included forces from other PRESSING THE SENSE OF THE in the aftermath of the 7.8-magnitude important allies and partners, such as New SENATE REGARDING THE PRAC- Kaikoura earthquake; Zealand; TICE OF POLITICALLY MOTI- Whereas the United States’, Australia’s, Whereas in 2020, Australia committed to and New Zealand’s shared values of democ- VATED IMPRISONMENT OF $438,000,000,000 in defense funding over 10 racy, respect for human rights, and adher- WOMEN AROUND THE WORLD years, including $206,000,000,000 to grow the ence to the rule of law provide a strong foun- AND CALLING ON GOVERNMENTS Australian Defense Force’s self-reliance and dation for broad multilateral cooperation; FOR THE IMMEDIATE RELEASE to enhance its combined deterrent capabili- Whereas the United States, Australia, and ties with the United States military; OF WOMEN WHO ARE POLITICAL New Zealand share information essential for PRISONERS Whereas approximately 60 percent of Aus- security and defense through the Five Eyes tralia’s defense capability is sourced from Intelligence Oversight and Review Council, a Mr. MENENDEZ (for himself, Mr. the United States; partnership that has expanded to include col- CARDIN, Mr. KAINE, Mr. MARKEY, Mr. Whereas the United States and Australia laboration on economic and homeland secu- MERKLEY, Mr. SCHATZ, Mr. VAN HOL- work closely in a number of international rity initiatives; LEN, Mrs. SHAHEEN, and Mr. COONS) fora, including the Group of Twenty; Whereas the United States, Australia, and Whereas the United States and Australia submitted the following resolution; New Zealand remain resolute partners in ad- which was referred to the Committee address shared strategic and security con- dressing environmental issues; cerns through the Quad, the Association of Whereas bilateral and multilateral co- on Foreign Relations: Southeast Asian Nations (ASEAN)-centered operation among the United States, Aus- S. RES. 342 regional architecture and emerging tralia, and New Zealand has evolved to meet Whereas Article 3 of the Universal Declara- groupings, including the East Asia Summit, contemporary challenges, including global tion of Human Rights guarantees the right the ASEAN Regional Forum, and the Tri- health security and pandemic preparedness to life, liberty, and security of person, Arti- lateral Strategic Dialogue; and response, supply chain resilience, envi- cle 9 of the Declaration prohibits arbitrary Whereas cooperation between the United ronmental and climate-related challenges, arrests or detentions, and Article 18 of the States and Australia is vital to the security and the development, promotion and protec- Declaration guarantees the right to freedom of our digital information and critical infra- tion of emerging technologies; of thought, conscience, and religion; structure from the malicious activities of Whereas the United States, Australia, and Whereas women around the world face state and non-state actors, through deep New Zealand are committed to free and fair enormous risks when seeking to advance operational collaboration and policy innova- trade and the international rules-based trad- human rights and pursue progress for their tion; ing system by working in collaboration communities, including— Whereas the United States and Australia through various mechanisms, including bi- (1) discriminatory policies and attitudes; work to improve outcomes for women and lateral trade and investment agreements, (2) repressive governments; girls in conflict areas and to ensure that the the World Trade Organization, and the Asia- (3) abusive authorities; and perspectives of women are included in peace Pacific Economic Cooperation, and by con- (4) critical threats to their health, espe- and security efforts, through the implemen- tinuing to address future challenges such as cially amid the COVID–19 pandemic; tation of the Women, Peace, and Security digital trade; Whereas women activists around the world Act of 2017 (Public Law 115–68; 131 Stat. 1202) Whereas the United States, Australia, and are being unjustly or wrongfully detained in and Australia’s National Action Plan for New Zealand have worked together within order to silence their voices and end their ac- Women, Peace, and Security of 2021; the Global Coalition to Defeat ISIS to tivism; Whereas the United States and Australia counter terrorism, restore regional stability Whereas women journalists are being un- have further integrated their economies and combat the spread of violent extremist justly or wrongfully detained for speaking since entering into the United States–Aus- ideology; truth to power and exposing corruption and tralia Free Trade Agreement on January 1, Whereas the United States, Australia, and abuses by governments and other authori- 2005, after which 2-way investment has tri- New Zealand strive for a free, open, pros- ties; pled and 2-way trade has doubled, benefitting perous, and secure Indo-Pacific, unimpeded Whereas according to the United Nations both countries; by economic coercion; Office of the High Commissioner for Human Whereas the United States and Australia Whereas on April 22, 2021, Secretary Rights, many women detainees face inhu- have remained steadfast partners in space Blinken stated, ‘‘Since 1915, U.S., Australian, mane and degrading treatment upon arrest, for more than 60 years, including through and New Zealand service members have including threats of rape, invasive body collaboration between the Australian Space served alongside one another in many global searches, and humiliations of a sexual na- Agency and the National Aeronautics and conflicts. Through our strong and deep inter- ture, and once unjustly imprisoned, many Space Administration; personal ties, the partnership between our women are subjected to sexual violence and Whereas the United States and Australia nations continues to grow each year along other forms of torture at the hands of secu- have maintained strong bilateral research with the realization that the kinship our rity forces; linkages, collaborating in key areas such as armed forces share is more important than Whereas the COVID–19 pandemic presents a astronomical and space sciences, materials ever in helping ensuring a free, open, and in- severe threat to women who are detained un- engineering, mathematics, biochemistry, clusive Indo-Pacific.’’; and justly and who are often housed in over- psychology and medicine, with over 80,000 co- Whereas September 1, 2021 marks 70 years crowded prisons with limited access to med- authored publications during the past 5 since the signing of the ANZUS Treaty: Now, ical care, which can convert unjust prison years; therefore, be it sentences into death sentences for vulner- Whereas the United States and Australia Resolved, That the Senate— able, detained women; share strong people-to-people linkages, with (1) commemorates the 70th anniversary of Whereas the People’s Republic of China has the United States providing the third largest the signing of the ANZUS Treaty; waged a brutal campaign to suppress polit- number of tourists to Australia in 2019; (2) recognizes the value of the longstanding ical dissent and vibrant ethnic minority Whereas on May 13, 2021, Secretary of security commitments between the United communities; State Antony Blinken reaffirmed the United States and Australia, and reaffirms the Whereas the People’s Republic of China has States’ ‘‘unshakeable commitment’’ to the United States’ commitments under the suppressed and detained human rights de- United States-Australia alliance as ‘‘an an- ANZUS Treaty; fenders and journalists, including—

VerDate Sep 11 2014 03:20 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.011 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6014 CONGRESSIONAL RECORD — SENATE August 7, 2021 (1) Li Yuhan, a human rights lawyer jailed complaint at the Public Prosecutor’s office Mr. CARDIN, Mr. CARPER, Mr. CASEY, for representing cases concerning freedom of regarding her violent assault outside Cairo’s Mr. CASSIDY, Ms. COLLINS, Mr. COONS, belief and access to government information, Tora prison, which houses her brother, who Mr. CORNYN, Ms. CORTEZ MASTO, Mr. who has been subject to verbal abuse and is a political activist; COTTON, Mr. CRAMER, Mr. CRAPO, Mr. other mistreatment while held in extended Whereas Belarusian authorities, as a pre-trial detention; and means of silencing popular protests, have at- CRUZ, Mr. DAINES, Ms. DUCKWORTH, Mr. (2) Zhang Zhan, a citizen-journalist sen- tacked and jailed journalists, human rights DURBIN, Ms. ERNST, Mrs. FEINSTEIN, tenced to 4 years in prison for reporting on defenders, and members of civil society, in- Mrs. FISCHER, Mrs. GILLIBRAND, Mr. COVID–19 in Wuhan; cluding— GRAHAM, Mr. GRASSLEY, Mr. HAGERTY, Whereas the People’s Republic of China has (1) Katsiaryna Bakhvalova and Darya Ms. HASSAN, Mr. HAWLEY, Mr. HEIN- subjected Uyghurs and other ethnic minori- Chultsova, 2 members of the media covering RICH, Mr. HICKENLOOPER, Ms. HIRONO, anti-Lukashenko protests who were sen- ties in Xinjiang to mass surveillance, forced Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. tenced to 2 years in prison for ‘‘organizing labor, forced birth control, forced steriliza- INHOFE, Mr. JOHNSON, Mr. KAINE, Mr. tion, coerced abortion, sexual assault, rape, and preparing actions that grossly violate KELLY, Mr. KENNEDY, Mr. KING, Ms. unjust or wrongful detainment, and public order’’; extrajudicial internment, including— (2) Yulia Slutskaya, founder of a non- KLOBUCHAR, Mr. LANKFORD, Mr. LEAHY, (1) Rahile Dawut, a professor of traditional governmental organization that investigates Mr. LEE, Mr. LUJA´ N, Ms. LUMMIS, Mr. Uyghur culture and recipient of the 2020 government persecution of journalists cov- MANCHIN, Mr. MARKEY, Mr. MARSHALL, ‘‘Courage to Think’’ award, who has been ering protests; Mr. MENENDEZ, Mr. MERKLEY, Mr. (3) Maryia Kalesnikava, a prominent held incommunicado since her disappearance MORAN, Mr. MURPHY, Mrs. MURRAY, Mr. in December 2017; Belarusian opposition leader abducted and charged with incitement to undermine na- OSSOFF, Mr. PADILLA, Mr. PAUL, Mr. (2) Gulmira Imin, a former Uyghur-lan- PETERS, Mr. PORTMAN, Mr. REED, Mr. guage website administrator and writer, who tional security for her pro-democracy advo- RISCH, Mr. ROMNEY, Ms. ROSEN, Mr. is serving out a 19 year sentence for her al- cacy; and leged role in organizing demonstrations in (4) Marfa Rabkova, a human rights de- ROUNDS, Mr. RUBIO, Mr. SANDERS, Mr. 2009 and her online criticism of Chinese re- fender targeted for observing demonstrations SASSE, Mr. SCHATZ, Mr. SCOTT of Flor- pression of the Uyghurs; and and documenting evidence of law enforce- ida, Mr. SCOTT of South Carolina, Mrs. (3) Nigare Abdushukur, who was sentenced ment officials torturing peaceful protestors; SHAHEEN, Mr. SHELBY, Ms. SINEMA, Ms. Whereas Saudi Arabian women’s rights and to 19 years imprisonment after calling her SMITH, Ms. STABENOW, Mr. TESTER, Mr. human rights activist Maya’a al-Zahrani re- brother in Germany to tell him about their THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. mother’s detention; mains wrongfully imprisoned; Whereas the Government of Nicaragua has TUBERVILLE, Mr. VAN HOLLEN, Mr. Whereas the People’s Republic of China has detained human rights defenders Maria WARNER, Mr. WARNOCK, Ms. WARREN, targeted Tibetans for peaceful political or Esperanza Sanchez and Karla Vanessa Mr. WHITEHOUSE, Mr. WICKER, Mr. cultural expression, including— Escobar Maldonado in terrible conditions for (1) Bonkho Kyi, who was sentenced to 7 WYDEN, and Mr. YOUNG) submitted the their participation in demonstrations in 2018; years imprisonment for organizing a picnic following resolution; which was consid- Whereas Senator Leila de Lima remains celebration for His Holiness the Dalai ered and agreed to: unjustly imprisoned in the Philippines for Lama’s 80th birthday; and her vocal criticism of extrajudicial killings S. RES. 343 (2) Yeshe Choedron, who was sentenced in carried out during President Duterte’s ‘‘war Whereas Maurice Robert Gravel was born 2008 to 15 years imprisonment for allegedly on drugs’’; in Springfield, Massachusetts, and graduated contacting the Tibetan government in exile Whereas the Government of Vietnam has from Columbia University before making his after participating in the 2008 Lhasa pro- jailed civil and human rights activist home in Alaska; tests; Nguyen Thi Ngoc Hanh and journalist Pham Whereas Maurice Robert Gravel served in Whereas the pro-democracy movement in Thi Doan Trang for their peaceful work to the United States Army from 1951 to 1954; Hong Kong has been subjected to harsh gov- preserve and expand rights afforded to Viet- Whereas Maurice Robert Gravel was elect- ernment persecution at the direction of the namese citizens; and ed to the Alaska House of Representatives in People’s Republic of China, and activists Whereas in Eritrea, political dissident 1962 and served as Speaker of the House from have been unjustly jailed, including Quinn Aster Fissehatsion and dual United States- 1965 to 1966; Moon, who was among 12 activists captured Eritrean national Ciham Ali have been held Whereas Maurice Robert Gravel was elect- while trying to flee persecution in Hong incommunicado without charge or trial since ed to the United States Senate in 1968 and Kong and was subsequently sentenced to 2 2001 and 2012, respectively: Now, therefore, be served the people of Alaska honorably for 2 years in prison; it terms; Whereas, in Iran, human rights defenders Resolved, That the Senate— Whereas legislation sponsored by Maurice have been steadfast in their advocacy despite (1) supports women who are being unjustly Robert Gravel helped ensure the timely ap- repeated abuse and arrest by authorities, in- or wrongfully detained around the world; proval and construction of the Trans-Alaska cluding currently detained human rights ac- (2) affirms that a government should never Pipeline System, resulting in decades of eco- tivists— detain its citizens for exercising the rights of nomic and other benefits to the State and (1) Nasrin Sotoudeh, who spoke out against freedom of assembly, association, and country; and the death penalty and laws forcing women to speech; Whereas Maurice Robert Gravel dedicated wear hijabs and who has recently been re- (3) calls on governments that are unjustly his life to public service and passionately ad- turned to prison after a medical leave de- or wrongfully detaining women for exer- vocated for the State of Alaska: Now, there- spite serious health conditions; and cising their fundamental rights to imme- fore, be it (2) Atena Daemi, a human rights activist diately and unconditionally release these po- Resolved, That— who has been sentenced to an additional 2 litical prisoners; and (1) the Senate has heard with profound sor- years in prison and 74 lashes for partici- (4) urges the United States Government, in row and deep regret the announcement of the pating in a peaceful sit-in protest in Evin all its interactions with foreign govern- death of the Honorable Maurice Robert Grav- prison during her initial 5-year sentence; ments— el, former Senator from the State of Alaska; Whereas Iranian authorities have also re- (A) to raise individual cases of women po- (2) the Secretary of the Senate commu- cently arrested and imprisoned environ- litical prisoners; and nicate this resolution to the House of Rep- mentalists working for the Persian Wildlife (B) to press for the immediate release of resentatives and transmit an enrolled copy Heritage Foundation, including Sepideh such political prisoners. thereof to the family of the Honorable Mau- Kashani and Niloufar Bayani, who previously f rice Robert Gravel; and worked for the United Nations Environment (3) when the Senate adjourns today, it Programme, subjecting them to torture and SENATE RESOLUTION 343—REL- stand adjourned as a further mark of respect threats of sexual assault; ATIVE TO THE DEATH OF THE to the memory of the Honorable Maurice Whereas Turkey is the world’s second HONORABLE MAURICE ROBERT Robert Gravel. worst jailer of journalists, with 37 journal- ists imprisoned in 2020 alone, including— GRAVEL, FORMER SENATOR f FROM THE STATE OF ALASKA (1) Hatice Duman, owner and editor at AMENDMENTS SUBMITTED AND Atilim, which published editorials con- Ms. MURKOWSKI (for herself, Mr. PROPOSED demning President Erdogan’s policies; and SULLIVAN, Mr. SCHUMER, Mr. MCCON- (2) Ays¸enur Parildak, journalist for SA 2628. Mr. KAINE submitted an amend- NELL, Ms. BALDWIN, Mr. BARRASSO, Mr. Zaman; ment intended to be proposed to amendment ENNET LACKBURN Whereas the Government of Egypt has at- B , Mrs. B , Mr. SA 2137 proposed by Mr. SCHUMER (for Ms. tempted to quash dissent by jailing and BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, SINEMA (for herself, Mr. PORTMAN, Mr. abusing human rights defenders, including Mr. BOOZMAN, Mr. BRAUN, Mr. BROWN, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. Sanaa Seif, who was detained while filing a Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr.

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WARNER, and Mr. ROMNEY)) to the bill H.R. SA 2137 proposed by Mr. SCHUMER (for Ms. the bill H.R. 3684, supra; which was ordered 3684, to authorize funds for Federal-aid high- SINEMA (for herself, Mr. PORTMAN, Mr. to lie on the table. ways, highway safety programs, and transit MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. SA 2649. Mr. MENENDEZ submitted an programs, and for other purposes; which was COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. amendment intended to be proposed to ordered to lie on the table. WARNER, and Mr. ROMNEY)) to the bill H.R. amendment SA 2137 proposed by Mr. SCHU- SA 2629. Mr. CARDIN submitted an amend- 3684, supra; which was ordered to lie on the MER (for Ms. SINEMA (for herself, Mr. ment intended to be proposed to amendment table. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. SA 2137 proposed by Mr. SCHUMER (for Ms. SA 2640. Ms. MURKOWSKI submitted an SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- SINEMA (for herself, Mr. PORTMAN, Mr. amendment intended to be proposed to KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. amendment SA 2620 submitted by Ms. the bill H.R. 3684, supra; which was ordered COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. SINEMA and intended to be proposed to the to lie on the table. WARNER, and Mr. ROMNEY)) to the bill H.R. amendment SA 2137 proposed by Mr. SCHU- SA 2650. Mr. WARNER (for himself, Mr. 3684, supra; which was ordered to lie on the MER (for Ms. SINEMA (for herself, Mr. PORTMAN, and Ms. SINEMA) submitted an table. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. amendment intended to be proposed to SA 2630. Mr. CARDIN (for himself and Mr. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- amendment SA 2137 proposed by Mr. SCHU- TILLIS) submitted an amendment intended to KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to MER (for Ms. SINEMA (for herself, Mr. be proposed to amendment SA 2137 proposed the bill H.R. 3684, supra; which was ordered PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. by Mr. SCHUMER (for Ms. SINEMA (for herself, to lie on the table. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- Mr. PORTMAN , Mr. MANCHIN, Mr. CASSIDY, SA 2641. Ms. MURKOWSKI (for herself and KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to Mrs. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. Ms. CANTWELL) submitted an amendment in- the bill H.R. 3684, supra; which was ordered MURKOWSKI, Mr. WARNER, and Mr. ROMNEY)) tended to be proposed to amendment SA 2137 to lie on the table. to the bill H.R. 3684, supra; which was or- proposed by Mr. SCHUMER (for Ms. SINEMA SA 2651. Mr. WARNER (for himself, Mr. dered to lie on the table. (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. PORTMAN, and Ms. SINEMA) submitted an SA 2631. Mr. CARPER submitted an amend- CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. amendment intended to be proposed to ment intended to be proposed to amendment TESTER, Ms. MURKOWSKI, Mr. WARNER, and amendment SA 2137 proposed by Mr. SCHU- SA 2137 proposed by Mr. SCHUMER (for Ms. Mr. ROMNEY)) to the bill H.R. 3684, supra; MER (for Ms. SINEMA (for herself, Mr. SINEMA (for herself, Mr. PORTMAN, Mr. which was ordered to lie on the table. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. SA 2642. Mr. INHOFE (for himself and Mr. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. LANKFORD) submitted an amendment in- KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to WARNER, and Mr. ROMNEY)) to the bill H.R. tended to be proposed to amendment SA 2137 the bill H.R. 3684, supra; which was ordered 3684, supra; which was ordered to lie on the proposed by Mr. SCHUMER (for Ms. SINEMA to lie on the table. table. (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. SA 2632. Mr. CARPER submitted an amend- CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. f ment intended to be proposed to amendment TESTER, Ms. MURKOWSKI, Mr. WARNER, and TEXT OF AMENDMENTS SA 2137 proposed by Mr. SCHUMER (for Ms. Mr. ROMNEY)) to the bill H.R. 3684, supra; SINEMA (for herself, Mr. PORTMAN, Mr. which was ordered to lie on the table. SA 2628. Mr. KAINE submitted an MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, Ms. SA 2643. Mr. INHOFE (for himself and Mr. amendment intended to be proposed to COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. LANKFORD) submitted an amendment in- amendment SA 2137 proposed by Mr. WARNER, and Mr. ROMNEY)) to the bill H.R. tended to be proposed to amendment SA 2137 SCHUMER (for Ms. SINEMA (for herself, 3684, supra; which was ordered to lie on the proposed by Mr. SCHUMER (for Ms. SINEMA table. (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SA 2633. Mr. CARPER proposed an amend- CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ment to the bill H.R. 3684, supra. TESTER, Ms. MURKOWSKI, Mr. WARNER, and TESTER, Ms. MURKOWSKI, Mr. WARNER, SA 2634. Mr. CARPER submitted an amend- Mr. ROMNEY)) to the bill H.R. 3684, supra; and Mr. ROMNEY)) to the bill H.R. 3684, ment intended to be proposed to amendment which was ordered to lie on the table. to authorize funds for Federal-aid high- SA 2633 proposed by Mr. CARPER to the bill SA 2644. Mr. WARNER (for himself and Ms. ways, highway safety programs, and H.R. 3684, supra; which was ordered to lie on SINEMA) submitted an amendment intended transit programs, and for other pur- the table. to be proposed to amendment SA 2137 pro- SA 2635. Ms. CORTEZ MASTO (for herself, posed by Mr. SCHUMER (for Ms. SINEMA (for poses; which was ordered to lie on the Mr. CORNYN, Ms. HASSAN, and Mr. SULLIVAN) herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- table; as follows: submitted an amendment intended to be pro- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. On page 242, line 22, strike ‘‘and’’. posed to amendment SA 2137 proposed by Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, and On page 242, line 23, strike ‘‘and’’. SCHUMER (for Ms. SINEMA (for herself, Mr. Mr. ROMNEY)) to the bill H.R. 3684, supra; On page 242, between lines 23 and 24, insert PORTMAN, Mr. MANCHIN, Mr . CASSIDY, Mrs. which was ordered to lie on the table. the following: SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- SA 2645. Mr. WARNER (for himself and Ms. (iv) greenhouse gas emissions and energy KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to SINEMA) submitted an amendment intended use; and the bill H.R. 3684, supra; which was ordered to be proposed to amendment SA 2137 pro- (v) equitable access to jobs; and to lie on the table. posed by Mr. SCHUMER (for Ms. SINEMA (for On page 243, line 10, insert ‘‘emissions, eq- SA 2636. Mr. ROUNDS submitted an herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- uitable access to jobs,’’ after ‘‘travel,’’. amendment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Beginning on page 243, strike line 24 and amendment SA 2137 proposed by Mr. SCHU- TESTER, Ms. MURKOWSKI, Mr. WARNER, and all that follows through page 244, line 5, and MER (for Ms. SINEMA (for herself, Mr. Mr. ROMNEY)) to the bill H.R. 3684, supra; insert the following: PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. which was ordered to lie on the table. (2) SECRETARIAL SUPPORT.— SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- SA 2646. Mr. INHOFE (for himself and Mr. (A) IN GENERAL.—The Secretary shall seek KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to LANKFORD) submitted an amendment in- opportunities to support the transportation the bill H.R. 3684, supra; which was ordered tended to be proposed to amendment SA 2137 planning processes under sections 134 and 135 to lie on the table. proposed by Mr. SCHUMER (for Ms. SINEMA of title 23, United States Code, through the SA 2637. Ms. KLOBUCHAR submitted an (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. provision of data to States and metropolitan amendment intended to be proposed to CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. planning organizations, and through working amendment SA 2137 proposed by Mr. SCHU- TESTER, Ms. MURKOWSKI, Mr. WARNER, and with the private sector to procure relevant MER (for Ms. SINEMA (for herself, Mr. Mr. ROMNEY)) to the bill H.R. 3684, supra; data in a competitive process, to improve the PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. which was ordered to lie on the table. quality of plans, models, and forecasts de- SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- SA 2647. Mr. MENENDEZ submitted an scribed in this subsection. KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to amendment intended to be proposed to (B) ADDITIONAL SUPPORT.—The Secretary the bill H.R. 3684, supra; which was ordered amendment SA 2137 proposed by Mr. SCHU- shall seek opportunities to provide funds to to lie on the table. MER (for Ms. SINEMA (for herself, Mr. States and metropolitan planning organiza- SA 2638. Mr. KING (for himself, Mr. SASSE, PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. tions to work with the private sector to pro- Mr. ROUNDS, and Ms. ROSEN) submitted an SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- cure relevant data in a competitive process amendment intended to be proposed to KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to to improve the quality of plans, models, and amendment SA 2137 proposed by Mr. SCHU- the bill H.R. 3684, supra; which was ordered forecasts described in this subsection. MER (for Ms. SINEMA (for herself, Mr. to lie on the table. --- PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. SA 2648. Mr. KENNEDY submitted an SA 2629. Mr. CARDIN submitted an SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- amendment intended to be proposed to amendment intended to be proposed to KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to amendment SA 2137 proposed by Mr. SCHU- amendment SA 2137 proposed by Mr. the bill H.R. 3684, supra; which was ordered MER (for Ms. SINEMA (for herself, Mr. to lie on the table. PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. SCHUMER (for Ms. SINEMA (for herself, SA 2639. Ms. ERNST submitted an amend- SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ment intended to be proposed to amendment KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.

VerDate Sep 11 2014 03:06 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.016 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6016 CONGRESSIONAL RECORD — SENATE August 7, 2021 TESTER, Ms. MURKOWSKI, Mr. WARNER, amendment SA 2633 proposed by Mr. In section 24220(a)(5), strike ‘‘must be and Mr. ROMNEY)) to the bill H.R. 3684, CARPER to the bill H.R. 3684, to author- standard equipment in all new passenger to authorize funds for Federal-aid high- ize funds for Federal-aid highways, motor vehicles’’ and insert ‘‘shall be exam- ined in a report described in subsection (c)’’. ways, highway safety programs, and highway safety programs, and transit In section 24220(c), in the subsection head- transit programs, and for other pur- programs, and for other purposes; ing, strike ‘‘SAFETY STANDARD’’ and insert poses; which was ordered to lie on the which was ordered to lie on the table; ‘‘REPORT’’. table; as follows: as follows: In section 24220(c), insert ‘‘report on the Beginning on page 221, strike line 21 and On page 1, line 6, strike ‘‘1 day’’ and insert appropriateness of issuing a’’ after ‘‘shall all that follows through page 222, line 2, and ‘‘2 days’’. issue a’’. insert the following: In section 24220(d), strike ‘‘To allow suffi- enhance public safety; and SA 2635. Ms. CORTEZ MASTO (for cient time for manufacturer compliance, the (4) the minimum retroreflectivity of traffic herself, Mr. CORNYN, Ms. HASSAN, and compliance date of the rule issued under sub- control devices and pavement markings. Mr. SULLIVAN) submitted an amend- section (c)’’ and insert ‘‘If, in the report ment intended to be proposed to issued under subsection (c), the Secretary de- SA 2630. Mr. CARDIN (for himself amendment SA 2137 proposed by Mr. termines that it would be appropriate to and Mr. TILLIS) submitted an amend- issue a final rule as described in that sub- SCHUMER (for Ms. SINEMA (for herself, section, to allow sufficient time for manu- ment intended to be proposed to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- amendment SA 2137 proposed by Mr. facturer compliance, the Secretary shall en- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. sure that the compliance date of any rule SCHUMER (for Ms. SINEMA (for herself, TESTER, Ms. MURKOWSKI, Mr. WARNER, that the Secretary may issue pursuant to Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- and Mr. ROMNEY)) to the bill H.R. 3684, that subsection’’. SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. to authorize funds for Federal-aid high- In section 24220(e), in the matter preceding TESTER, Ms. MURKOWSKI, Mr. WARNER, ways, highway safety programs, and paragraph (1), strike ‘‘If the Secretary deter- and Mr. ROMNEY)) to the bill H.R. 3684, transit programs, and for other pur- mines that the Federal motor vehicle safety standard required under subsection (c)’’ and to authorize funds for Federal-aid high- poses; which was ordered to lie on the ways, highway safety programs, and insert ‘‘If, in the report issued under sub- table; as follows: section (c), the Secretary determines that a transit programs, and for other pur- On page 2633, line 16, insert after ‘‘appro- Federal motor vehicle safety standard de- poses; which was ordered to lie on the priations:’’ the following: ‘‘Provided further, scribed in that subsection’’. table; as follows: That of the amounts made available under In section 24220(e), in the matter preceding In section 71103(a)(2) of title XI of division this heading in this Act for personnel, con- paragraph (1), strike ‘‘by the applicable G, strike subparagraph (B) and insert the fol- tracting, and other costs to administer and date’’ and insert ‘‘by the date of the report’’. lowing: oversee grants, $25,000,000, which shall be In section 24220(e)(1), insert ‘‘for consid- (B) serves rural areas. made available in equal amounts for each of ering the appropriateness of issuing such a fiscal years 2022 through 2026, shall be made standard’’ after ‘‘the time period’’. SA 2631. Mr. CARPER submitted an available to carry out competitive grants, to In section 24220(e)(2), in the matter pre- amendment intended to be proposed to be awarded by the Federal Aviation Adminis- ceding subparagraph (A), strike ‘‘the rule amendment SA 2137 proposed by Mr. tration, in coordination with the Depart- under that subsection’’ and insert ‘‘a rule de- ment of Transportation Human Trafficking scribed in that subsection, if determined to SCHUMER (for Ms. SINEMA (for herself, Prevention Coordinator, to address human be appropriate,’’. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- trafficking awareness, education, and pre- In section 24220(e)(2)(D), insert ‘‘, if deter- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. vention efforts, including by coordinating mined to be appropriate’’ after ‘‘subsection TESTER, Ms. MURKOWSKI, Mr. WARNER, human trafficking prevention efforts across (c)’’. and Mr. ROMNEY)) to the bill H.R. 3684, multimodal transportation operations with- In section 24220(e)(3), in the matter pre- to authorize funds for Federal-aid high- in a community and in line with the best ceding subparagraph (A), strike ‘‘required ways, highway safety programs, and practices and recommendations provided by by’’ and insert ‘‘described in’’. transit programs, and for other pur- the Department of Transportation Advisory Committee on Human Trafficking:’’. SA 2637. Ms. KLOBUCHAR submitted poses; which was ordered to lie on the On page 2684, line 22, strike ‘‘$5,250,000,000’’ an amendment intended to be proposed table; as follows: and insert ‘‘$5,225,000,000’’. to amendment SA 2137 proposed by Mr. On page 2684, line 24, strike ‘‘and’’. On page 401, line 8, strike ‘‘60 days’’ and in- SCHUMER (for Ms. SINEMA (for herself, sert ‘‘59 days’’. On page 2685, line 4, strike ‘‘Code:’’ and in- sert ‘‘Code; and’’. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SA 2632. Mr. CARPER submitted an On page 2685, between lines 4 and 5, insert SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. amendment intended to be proposed to the following: TESTER, Ms. MURKOWSKI, Mr. WARNER, amendment SA 2137 proposed by Mr. (4) $25,000,000 shall be to carry out competi- and Mr. ROMNEY)) to the bill H.R. 3684, tive grants, to be awarded by the Federal SCHUMER (for Ms. SINEMA (for herself, to authorize funds for Federal-aid high- Transit Administration under section 5314 of Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ways, highway safety programs, and title 49, United States Code, in coordination transit programs, and for other pur- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. with the Department of Transportation TESTER, Ms. MURKOWSKI, Mr. WARNER, Human Trafficking Prevention Coordinator, poses; which was ordered to lie on the and Mr. ROMNEY)) to the bill H.R. 3684, to address human trafficking awareness, edu- table; as follows: to authorize funds for Federal-aid high- cation, and prevention efforts, including by On page 2438, strike lines 6 through 9 and ways, highway safety programs, and coordinating human trafficking prevention insert the following: transit programs, and for other pur- efforts across multimodal transportation op- (2) in subsection (n), by striking ‘‘January 1, 2022’’ and inserting ‘‘October 1, 2021 (or, in poses; which was ordered to lie on the erations within a community and in line with the best practices and recommenda- the case of wages paid by an eligible em- table; as follows: tions provided by the Department of Trans- ployer which is a recovery startup business On page 1, line 1, strike ‘‘59’’ and insert portation Advisory Committee on Human or an organization which is described in sec- ‘‘58’’. Trafficking: tion 501(c) and exempt from tax under sec- tion 501(a), January 1, 2022)’’. SA 2633. Mr. CARPER proposed an SA 2636. Mr. ROUNDS submitted an amendment to the bill H.R. 3684, to au- amendment intended to be proposed to SA 2638. Mr. KING (for himself, Mr. thorize funds for Federal-aid highways, amendment SA 2137 proposed by Mr. SASSE, Mr. ROUNDS, and Ms. ROSEN) highway safety programs, and transit SCHUMER (for Ms. SINEMA (for herself, submitted an amendment intended to programs, and for other purposes; as Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- be proposed to amendment SA 2137 pro- follows: SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. posed by Mr. SCHUMER (for Ms. SINEMA On page 15, between lines 5 and 6, insert TESTER, Ms. MURKOWSKI, Mr. WARNER, (for herself, Mr. PORTMAN, Mr. the following: and Mr. ROMNEY)) to the bill H.R. 3684, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, SEC. 4. EFFECTIVE DATE. to authorize funds for Federal-aid high- Ms. COLLINS, Mr. TESTER, Ms. MUR- Except as otherwise provided, this Act and ways, highway safety programs, and KOWSKI, Mr. WARNER, and Mr. ROMNEY)) the amendments made by this Act take ef- to the bill H.R. 3684, to authorize funds fect on the date that is 1 day after the date transit programs, and for other pur- of enactment of this Act. poses; which was ordered to lie on the for Federal-aid highways, highway table; as follows: safety programs, and transit programs, SA 2634. Mr. CARPER submitted an In section 24220(a)(5), strike ‘‘ensure the and for other purposes; which was or- amendment intended to be proposed to prevention of’’ and insert ‘‘reduce’’. dered to lie on the table; as follows:

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At the end of title VI of division G, add the (ii) by striking ‘‘and’’ at the end; and ‘‘(B) ELEMENTS.—In the strategy delivered following: (C) by redesignating the second and third under subparagraph (A), the President Subtitle C—National Cyber Resilience paragraphs designated as paragraph (12) as shall— Assistance Fund paragraphs (13) and (14), respectively; ‘‘(i) identify, assess, and prioritize areas of (2) by redesignating section 2218, as added risk to critical infrastructure that would SEC. 70621. ESTABLISHMENT OF THE NATIONAL by section 70612 of this Act, as section 2220A; compromise, disrupt, or impede the ability CYBER RESILIENCE ASSISTANCE FUND. (3) by redesignating section 2217 (6 U.S.C. of the critical infrastructure to support the (a) SENSE OF CONGRESS.—It is the sense of 665f) as section 2220; national critical functions of national secu- Congress that— (4) by redesignating section 2216 (6 U.S.C. rity, economic security, or public health and (1) the United States now operates in a 665e) as section 2219; safety; cyber landscape that requires a level of data (5) by redesignating the fourth section 2215 ‘‘(ii) identify and outline current and pro- security, resilience, and trustworthiness (relating to Sector Risk Management Agen- posed national-level actions, programs, and that neither the United States Government cies) (6 U.S.C. 665d) as section 2218; efforts to be taken to address the risks iden- nor the private sector alone is currently (6) by redesignating the third section 2215 tified; (relating to the Cybersecurity State Coordi- ‘‘(iii) identify the Federal departments or equipped to provide; nator) (6 U.S.C. 665c) as section 2217; agencies responsible for leading each na- (2) the United States must deny benefits to (7) by redesignating the second section 2215 tional-level action, program, or effort and adversaries who have long exploited cyber- (relating to the Joint Cyber Planning Office) the relevant critical infrastructure sectors space to their advantage, to the disadvan- (6 U.S.C. 665b) as section 2216; and for each; tage of the United States, and at little cost (8) by adding at the end the following: ‘‘(iv) outline the budget plan required to to themselves; provide sufficient resources to successfully (3) this new approach requires securing ‘‘SEC. 2220B. NATIONAL CYBER RESILIENCE AS- SISTANCE FUND. execute the full range of activities proposed critical networks in collaboration with the ‘‘(a) DEFINITIONS.—In this section: or described by the strategy; and private sector to promote national resilience ‘‘(1) CYBERSECURITY RISK.—The term ‘cy- ‘‘(v) request any additional authorities or and increase the security of the cyber eco- bersecurity risk’ has the meaning given that resources necessary to successfully execute system; term in section 2209. the strategy. (4) reducing the vulnerabilities adversaries ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(C) FORM.—The strategy delivered under can target denies them opportunities to at- entity’ means an entity that meets the subparagraph (A) shall be unclassified, but tack the interests of the United States guidelines and requirements for eligible enti- may contain a classified annex. through cyberspace; ties established by the Secretary under sub- ‘‘(3) CONGRESSIONAL BRIEFING.—Not later (5) the public and private sectors struggle section (d)(4). than 1 year after the date on which the to coordinate cyber defenses, leaving gaps ‘‘(3) FUND.—The term ‘Fund’ means the Na- President delivers the strategy under sub- that decrease national resilience and create tional Cyber Resilience Assistance Fund es- paragraph (A), and every year thereafter, the systemic risk; tablished under subsection (c). Secretary, in coordination with the heads of (6) new technology continues to emerge ‘‘(4) NATIONAL CRITICAL FUNCTIONS.—The Sector Risk Management Agencies, shall that further compounds these challenges; term ‘national critical functions’ means the brief the appropriate congressional commit- (7) while the Homeland Security Grant functions of government and the private sec- tees on the national risk management cycle Program and resourcing for national pre- tor so vital to the United States that their activities undertaken pursuant to the strat- paredness under the Federal Emergency disruption, corruption, or dysfunction would egy. Management Agency are well-established, have a debilitating effect on security, na- ‘‘(4) FIVE YEAR RISK MANAGEMENT CYCLE.— the United States Government has no equiv- tional economic security, national public ‘‘(A) RISK IDENTIFICATION AND ASSESS- alent for cybersecurity preparation or pre- health or safety, or any combination thereof. MENT.—Under procedures established by the vention; ‘‘(b) CREATION OF A CRITICAL INFRASTRUC- Secretary, the Secretary shall repeat the (8) the lack of a consistent, resourced fund TURE RESILIENCE STRATEGY AND A NATIONAL conducting and reporting of the risk identi- for investing in resilience in key areas inhib- RISK MANAGEMENT CYCLE.— fication and assessment required under para- its the United States Government from con- ‘‘(1) INITIAL RISK IDENTIFICATION AND AS- graph (1), in accordance with the require- veying its understanding of risk into strat- SESSMENT.— ments in paragraph (1), every 5 years. egy, planning, and action in furtherance of ‘‘(A) IN GENERAL.—The Secretary, acting ‘‘(B) STRATEGY.—Under procedures estab- core objectives for the security and resil- through the Director, shall establish a proc- lished by the President, the President shall ience of critical infrastructure; ess by which to identify, assess, and repeat the preparation and delivery of the (9) the Federal Government must fun- prioritize risks to critical infrastructure, critical infrastructure resilience strategy re- damentally shift the way it invests in resil- considering both cyber and physical threats, quired under paragraph (2), in accordance ience and shift the focus away from reactive vulnerabilities, and consequences. with the requirements in paragraph (2), disaster spending towards research-sup- ‘‘(B) CONSULTATION.—In establishing the every 5 years, which shall also include as- ported and risk-driven proactive investment process required under subparagraph (A), the sessing the implementation of the previous in critical infrastructure cyber resilience; Secretary shall coordinate with the heads of national critical infrastructure resilience (10) Congress has worked diligently to es- Sector Risk Management Agencies and con- strategy. tablish the Cybersecurity and Infrastructure sult with critical infrastructure owners and ‘‘(c) ESTABLISHMENT OF THE NATIONAL operators and the National Cyber Director. Security Agency, creating a new agency that CYBER RESILIENCE ASSISTANCE FUND.—There can leverage broad authorities to receive and ‘‘(C) PUBLICATION.—Not later than 180 days is established in the Treasury of the United share information, provide technical assist- after the date of enactment of this section, States a fund, to be known as the ‘National ance to operators, and partner with stake- the Secretary shall publish in the Federal Cyber Resilience Assistance Fund’, which holders across the executive branch, State Register procedures for the process estab- shall be available for the cost of risk-based and local communities, and the private sec- lished under subparagraph (A). grant programs focused on systematically tor; ‘‘(D) REPORT.—Not later than 1 year after increasing the resilience of public and pri- (11) the Cybersecurity and Infrastructure the date of enactment of this section, the vate critical infrastructure against cyberse- Security Agency requires strengthening in Secretary shall submit to the President, the curity risk, thereby increasing the overall its mission to ensure the national resilience Committee on Homeland Security and Gov- resilience of the United States. of critical infrastructure, promote a more se- ernmental Affairs of the Senate, and the ‘‘(d) ADMINISTRATION OF GRANTS FROM THE cure cyber ecosystem, and serve as the cen- Committee on Homeland Security of the NATIONAL CYBER RESILIENCE ASSISTANCE tral coordinating element to support and in- House of Representatives a report on the FUND.— tegrate Federal, State, local, and private- risks identified by the process established ‘‘(1) IN GENERAL.—In accordance with this sector cybersecurity efforts; and under subparagraph (A). section, the Secretary, acting through the (12) the Cybersecurity and Infrastructure ‘‘(2) INITIAL NATIONAL CRITICAL INFRASTRUC- Administrator of the Federal Emergency Security Agency requires further resource TURE RESILIENCE STRATEGY.— Management Agency and the Director, shall investment and clear authorities to realize ‘‘(A) IN GENERAL.—Not later than 1 year develop and administer processes to— its full potential. after the date on which the Secretary deliv- ‘‘(A) establish focused grant programs to (b) AMENDMENTS.—Subtitle A of title XXII ers the report required under paragraph address identified areas of cybersecurity risk of the Homeland Security Act of 2002 (6 (1)(D), the President shall deliver to major- to, and bolster the resilience of, critical in- U.S.C. 651 et seq.) is amended— ity and minority leaders of the Senate, the frastructure; (1) in section 2202(c) (6 U.S.C. 652(c))— Speaker and minority leader of the House of ‘‘(B) accept and evaluate applications for (A) in paragraph (11), by striking ‘‘and’’ at Representatives, the Committee on Home- each such grant program; the end; land Security and Governmental Affairs of ‘‘(C) award grants under each such grant (B) in the first paragraph designated as the Senate, and the Committee on Homeland program; and paragraph (12), relating to the Cybersecurity Security of the House of Representatives a ‘‘(D) disburse amounts from the Fund. State Coordinator— national critical infrastructure resilience ‘‘(2) ESTABLISHMENT OF RISK-FOCUSED (i) by striking ‘‘section 2215’’ and inserting strategy designed to address the risks identi- GRANT PROGRAMS.— ‘‘section 2217’’; and fied by the Secretary. ‘‘(A) ESTABLISHMENT.—

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‘‘(i) IN GENERAL.—The Secretary, acting ‘‘(i) IN GENERAL.—In accordance with retary applications for approval, including through the Director and the Administrator clause (ii), the Secretary shall submit to the the amount of funding recommended for each of the Federal Emergency Management Committee on Homeland Security and Gov- such approval. Agency, may establish not less than 1 grant ernmental Affairs and the Committee on Ap- ‘‘(9) AWARD OF GRANT FUNDING.—The Sec- program focused on mitigating an identified propriations of the Senate and the Com- retary shall— category of cybersecurity risk identified mittee on Homeland Security and the Com- ‘‘(A) review the recommendations of the under the national risk management cycle mittee on Appropriations of the House of Director prepared pursuant to paragraph (8); and critical infrastructure resilience strat- Representatives a set of guidelines and re- ‘‘(B) provide a final determination of grant egy under subsection (b) in order to bolster quirements for determining the entities that awards to the Administrator of the Federal the resilience of critical infrastructure with- are eligible entities. Emergency Management Agency to be dis- in the United States. ‘‘(ii) DEADLINES.—The Secretary shall sub- bursed and administered under the process ‘‘(ii) SELECTION OF FOCUS AREA.—Before se- mit the guidelines and requirements under established under paragraph (6); and lecting a focus area for a grant program pur- clause (i)— ‘‘(C) provide to the heads of Sector Risk suant to this subparagraph, the Director ‘‘(I) not later than 180 days after the date Management Agencies notice of the eligible shall ensure— of enactment of this section, and every 2 entities receiving grant awards and intended ‘‘(I) there is a clearly-defined cybersecu- years thereafter; and uses of funds under the grants. rity risk identified through the national risk ‘‘(II) not later than 90 days before the date ‘‘(e) EVALUATION OF GRANT PROGRAMS UTI- management cycle and critical infrastruc- on which the Secretary implements the LIZING THE NATIONAL CYBER RESILIENCE AS- ture resilience strategy under subsection (b) guidelines and requirements. SISTANCE FUND.— to be mitigated; ‘‘(B) CONSIDERATIONS.—In developing ‘‘(1) EVALUATION.—The Secretary shall es- ‘‘(II) market forces do not provide suffi- guidelines and requirements for eligible enti- tablish a process to evaluate the effective- cient private-sector incentives to mitigate ties under subparagraph (A), the Secretary ness and efficiency of grants distributed the risk without Government investment; shall consider— under this section and develop appropriate and ‘‘(i) number of employees; updates, as needed, to the grant programs. ‘‘(III) there is clear Federal need, role, and ‘‘(ii) annual revenue; ‘‘(2) ANNUAL REPORT.—Not later than 180 responsibility to mitigate the risk in order ‘‘(iii) existing entity cybersecurity spend- days after the conclusion of the first fiscal to bolster the resilience of critical infra- ing; year in which grants are awarded under this structure. ‘‘(iv) current cyber risk assessments, in- section, and every fiscal year thereafter, the UNDING.— ‘‘(B) F cluding credible threats, vulnerabilities, and Secretary shall submit to the Committee on ‘‘(i) RECOMMENDATION.—Beginning in the consequences; and Homeland Security and Governmental Af- first fiscal year following the establishment ‘‘(v) entity capacity to invest in mitigating fairs and the Committee on Appropriations of the Fund and each fiscal year thereafter, cybersecurity risk absent assistance from of the Senate and the Committee on Home- the Director shall— the Federal Government. land Security and the Committee on Appro- ‘‘(I) assess the funds available in the Fund ‘‘(5) LIMITATION.—For any fiscal year, an priations of the House of Representatives a for the fiscal year; and eligible entity may not receive more than 1 report detailing the grants awarded from the ‘‘(II) recommend to the Secretary the total grant from each grant program established Fund, the status of projects undertaken with amount to be made available from the Fund under this subsection. the grant funds, any planned changes to the under each grant program established under ‘‘(6) GRANT PROCESSES.—The Secretary, this subsection. acting through the Administrator of the disbursement methodology of the Fund, measurements of success, and total outlays ‘‘(ii) ALLOCATION.—After considering the Federal Emergency Management Agency, recommendations made by the Director shall require the submission of such informa- from the Fund. under clause (i) for a fiscal year, the Director tion as the Secretary determines is nec- ‘‘(3) GRANT PROGRAM REVIEW.— shall allocate amounts from the Fund to essary to— ‘‘(A) ANNUAL ASSESSMENT.—Before the each active grant program established under ‘‘(A) evaluate a grant application against start of the second fiscal year in which this subsection for the fiscal year. the criteria established under this section; grants are awarded under this section, and ‘‘(3) USE OF FUNDS.— ‘‘(B) disburse grant funds; every fiscal year thereafter, the Director ‘‘(A) IN GENERAL.—Amounts in the Fund ‘‘(C) provide oversight of disbursed grant shall assess the grant programs established shall be used to proactively mitigate risks funds; and under this section and determine— identified through the national risk manage- ‘‘(D) evaluate the effectiveness of the fund- ‘‘(i) for the coming fiscal year— ment cycle and critical infrastructure resil- ed project in increasing the overall resilience ‘‘(I) whether new grant programs with ad- ience strategy under subsection (b) before of the United States with respect to cyberse- ditional focus areas should be created; cyber incidents occur, through activities curity risks. ‘‘(II) whether any existing grant program such as— ‘‘(7) GRANT CRITERIA.—For each grant pro- should be discontinued; and ‘‘(i) proactive vulnerability assessments gram established under this subsection, the ‘‘(III) whether the scope of any existing and mitigation; Director, in coordination with the Adminis- grant program should be modified; and ‘‘(ii) defrayal of costs to invest in backup trator of the Federal Emergency Manage- ‘‘(ii) the success of the grant programs in systems critical to mitigating national or ment Agency and the heads of appropriate the prior fiscal year. economic security risks, as determined by Sector Risk Management Agencies, shall de- ‘‘(B) SUBMISSION TO CONGRESS.—Not later the Federal Government, with cost-sharing velop and publish criteria for evaluating ap- than 90 days before the start of the second from the recipient entity in accordance with plications for funding, which shall include— fiscal year in which grants are awarded subparagraph (B); ‘‘(A) whether the application identifies a under this section, and every fiscal year ‘‘(iii) defrayal of costs to invest in replac- clearly-defined cybersecurity risk; thereafter, the Secretary shall submit to the ing vulnerable systems and assets critical to ‘‘(B) whether the cybersecurity risk identi- Committee on Homeland Security and Gov- mitigating national or economic security fied in the grant application poses a substan- ernmental Affairs and the Committee on Ap- risks, as determined by the Federal Govern- tial threat to critical infrastructure; propriations of the Senate and the Com- ment, with more secure alternatives with ‘‘(C) whether the application identifies a mittee on Homeland Security and the Com- cost-sharing from the recipient entity in ac- program or project clearly designed to miti- mittee on Appropriations of the House of cordance with subparagraph (B); gate a cybersecurity risk; Representatives the assessment conducted ‘‘(iv) grants to nonprofit entities to de- ‘‘(D) the potential consequences of leaving pursuant to subparagraph (A) and any velop publicly available low-cost or no-cost the identified cybersecurity risk unmiti- planned alterations to the grant program for cybersecurity tools for small-sized and me- gated, including the potential impact to the the coming fiscal year. dium-sized entities; critical functions and overall resilience of ‘‘(f) LIMITATION ON USE OF GRANT FUNDS.— ‘‘(v) proactive threat detection and hunt- the nation; and Funds awarded pursuant to this section— ing; and ‘‘(E) other appropriate factors identified by ‘‘(1) shall supplement and not supplant ‘‘(vi) network protections. the Director. State or local funds or, as applicable, funds ‘‘(B) FEDERAL SHARE.—The Federal share of ‘‘(8) EVALUATION OF GRANTS APPLICA- supplied by the Bureau of Indian Affairs; and the cost of an activity described in clause (ii) TIONS.— ‘‘(2) may not be used— or (iii) of subparagraph (A) carried out using ‘‘(A) IN GENERAL.—Utilizing the criteria es- ‘‘(A) to provide any Federal cost-sharing funds made available under this section may tablished under paragraph (7), the Director, contribution on behalf of a State or local not exceed— in coordination with the Administrator of government; ‘‘(i) for fiscal year 2022, 90 percent; the Federal Emergency Management Agency ‘‘(B) to pay a ransom; ‘‘(ii) for fiscal year 2023, 80 percent; and the heads of appropriate Sector Risk ‘‘(C) by or for a non-United States entity; ‘‘(iii) for fiscal year 2024, 70 percent; Management Agencies, shall evaluate grant or ‘‘(iv) for fiscal year 2025, 60 percent; and applications made under each grant program ‘‘(D) for any recreational or social purpose. ‘‘(v) for fiscal year 2026, and each fiscal established under this subsection. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— year thereafter, 50 percent. ‘‘(B) RECOMMENDATION.—Following the There are authorized to be appropriated to ‘‘(4) ELIGIBLE ENTITIES.— evaluations required under subparagraph (A), carry out this section $75,000,000 for each of ‘‘(A) GUIDELINES AND REQUIREMENTS.— the Director shall recommend to the Sec- fiscal years 2022 through 2026.

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‘‘(h) TRANSFERS AUTHORIZED.—During a fis- clearly state, to the extent possible, in any ‘‘(4)(A) is in compliance with all applicable cal year, the Secretary or the head of any statement, press release, request for pro- Federal, Tribal, and State requirements; or component of the Department that admin- posals, bid solicitation, or other document ‘‘(B) would be constructed or brought into isters the State and Local Cybersecurity describing the award or subaward or project, compliance with the requirements described Grant Program may transfer not more than other than a communication containing not in subparagraph (A) as a result of the capital 5 percent of the amounts appropriated pursu- more than 280 characters— improvements or investment carried out ant to subsection (g) or other amounts ap- (1) the percentage of the total costs of the using an incentive payment under this sec- propriated to carry out the National Cyber award or subaward or project that will be fi- tion. Resilience Assistance Fund for that fiscal nanced with funds provided by the Depart- On page 1593, line 15, insert ‘‘subject to year to an account of the Department for ment of Energy; subsection (c),’’ before ‘‘environmental’’. salaries, expenses, and other administrative (2) the dollar amount of the funds provided On page 1594, between lines 8 and 9, insert costs incurred for the management, adminis- by the Department of Energy made available the following: tration, or evaluation of this section. for the award or subaward or project; and ‘‘(c) CONDITION.—Incentive payments may ‘‘(i) GOVERNMENT ACCOUNTABILITY OFFICE (3) whether the activities funded by the only be made for environmental improve- REPORT.—Not later than 1 year after the award or subaward or project will be fi- ments under subsection (b)(3) on the condi- date of the enactment of this section, the nanced by nongovernmental sources. tion that the improvements, including any Comptroller General of the United States SEC. lllll. DISCLOSURE REQUIREMENTS related physical or operational changes, shall submit to the Committee on Homeland FOR RECIPIENTS OF FUNDS FROM have been authorized under applicable Fed- Security and Governmental Affairs in the THE DEPARTMENT OF TRANSPOR- eral, State, and Tribal permitting or licens- Senate and the Committee on Homeland Se- TATION. ing processes that include appropriate miti- curity in the House of Representatives a re- (a) IN GENERAL.—A grantee or subgrantee gation conditions arising from consultation port containing the results of a study regard- carrying out a program, project, or activity and environmental review under the proc- ing the effectiveness of the programs de- that is, in whole or in part, carried out using esses. scribed in this section.’’. funds provided by the Department of Trans- On page 1594, line 9, strike ‘‘(c)’’ and insert (c) TECHNICAL AND CONFORMING AMEND- portation under any division of this Act ‘‘(d)’’. MENTS.— shall clearly state, to the extent possible, in On page 1594, line 18, strike ‘‘(d)’’ and in- (1) TABLE OF CONTENTS.—The table of con- any statement, press release, request for pro- sert ‘‘(e)’’. tents in section 1(b) of the Homeland Secu- posals, bid solicitation, or other document rity Act of 2002 (Public Law 107–296; 116 Stat. describing the program, project, or activity, SA 2642. Mr. INHOFE (for himself 2135) is amended by striking the item relat- other than a communication containing not and Mr. LANKFORD) submitted an ing to section 2214 and all that follows more than 280 characters— amendment intended to be proposed to through the item relating to section 2218, as (1) the percentage of the total costs of the amendment SA 2137 proposed by Mr. program, project, or activity that will be fi- added by section 70612 of this Act, and insert- SCHUMER (for Ms. SINEMA (for herself, ing the following: nanced with funds provided by the Depart- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘Sec. 2214. National Asset Database. ment of Transportation under this Act; SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘Sec. 2215. Duties and authorities relating (2) the dollar amount of the funds provided to .gov internet domain. by the Department of Transportation under TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘Sec. 2216. Joint Cyber Planning Office. this Act made available for the program, and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘Sec. 2217. Cybersecurity State Coordinator. project, or activity; and to authorize funds for Federal-aid high- ‘‘Sec. 2218. Sector Risk Management Agen- (3) the percentage of the total costs of, and ways, highway safety programs, and cies. dollar amount for, the program, project, or transit programs, and for other pur- activity that will be financed by non-Federal ‘‘Sec. 2219. Cybersecurity Advisory Com- poses; which was ordered to lie on the mittee. sources. ‘‘Sec. 2220. Cybersecurity education and (b) APPLICATION.—This section shall not table; as follows: training programs. apply to awards of Federal funds less than On page 2095, strike lines 18 through 20. ‘‘Sec. 2220A. State and Local Cybersecurity $50,000. Grant Program. SA 2643. Mr. INHOFE (for himself ‘‘Sec. 2220B. National Cyber Resilience As- SA 2640. Ms. MURKOWSKI submitted and Mr. LANKFORD) submitted an sistance Fund.’’. an amendment intended to be proposed amendment intended to be proposed to (2) ADDITIONAL TECHNICAL AMENDMENT.— to amendment SA 2620 submitted by amendment SA 2137 proposed by Mr. (A) AMENDMENT.—Section 904(b)(1) of the Ms. SINEMA and intended to be pro- SCHUMER (for Ms. SINEMA (for herself, DOTGOV Act of 2020 (title IX of division U of posed to the amendment SA 2137 pro- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Public Law 116–260) is amended, in the mat- posed by Mr. SCHUMER (for Ms. SINEMA ter preceding subparagraph (A), by striking SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘Homeland Security Act’’ and inserting (for herself, Mr. PORTMAN, Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘Homeland Security Act of 2002’’. MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, and Mr. ROMNEY)) to the bill H.R. 3684, (B) EFFECTIVE DATE.—The amendment Ms. COLLINS, Mr. TESTER, Ms. MUR- to authorize funds for Federal-aid high- made by subparagraph (A) shall take effect KOWSKI, Mr. WARNER, and Mr. ROMNEY)) ways, highway safety programs, and as if enacted as part of the DOTGOV Act of to the bill H.R. 3684, to authorize funds transit programs, and for other pur- 2020 (title IX of division U of Public Law 116– for Federal-aid highways, highway poses; which was ordered to lie on the 260). safety programs, and transit programs, table; as follows: and for other purposes; which was or- On page 2149, lines 11 and 12, strike ‘‘gender SA 2639. Ms. ERNST submitted an identity, sexual orientation,’’. amendment intended to be proposed to dered to lie on the table; as follows: amendment SA 2137 proposed by Mr. On page 2, line 15, strike ‘‘placed’’. SA 2644. Mr. WARNER (for himself SCHUMER (for Ms. SINEMA (for herself, SA 2641. Ms. MURKOWSKI (for her- and Ms. SINEMA) submitted an amend- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- self and Ms. CANTWELL) submitted an ment intended to be proposed to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. amendment intended to be proposed to amendment SA 2137 proposed by Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, amendment SA 2137 proposed by Mr. SCHUMER (for Ms. SINEMA (for herself, and Mr. ROMNEY)) to the bill H.R. 3684, SCHUMER (for Ms. SINEMA (for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- to authorize funds for Federal-aid high- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ways, highway safety programs, and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MURKOWSKI, Mr. WARNER, transit programs, and for other pur- TESTER, Ms. MURKOWSKI, Mr. WARNER, and Mr. ROMNEY)) to the bill H.R. 3684, poses; which was ordered to lie on the and Mr. ROMNEY)) to the bill H.R. 3684, to authorize funds for Federal-aid high- table; as follows: to authorize funds for Federal-aid high- ways, highway safety programs, and At the appropriate place, insert the fol- ways, highway safety programs, and transit programs, and for other pur- lowing: transit programs, and for other pur- poses; which was ordered to lie on the SEC. lllll. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF FUNDS FROM poses; which was ordered to lie on the table; as follows: THE DEPARTMENT OF ENERGY. table; as follows: On page 2437, strike lines 5 though 18 and An awardee or subawardee carrying out an On page 1592, strike lines 6 through 13 and insert the following: award or subaward or project that is, in insert the following: (c) EFFECTIVE DATE.—The amendments whole or in part, carried out using funds pro- ‘‘(2) is in service on or after the date of en- made by this section shall apply to returns vided by the Department of Energy under actment of this section; required to be filed, and statements required any division of this Act (including an amend- ‘‘(3) meets the requirements of subclauses to be furnished, after December 31, 2023. ment made by any division of this Act) shall (I) and (III) of section 242(b)(1)(B)(ii); and (d) RULES OF CONSTRUCTION.—

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(1) DEFINITION OF BROKER.—Nothing in this Beginning on page 2095, strike line 18 and (B) through which the Assistant Secretary section or the amendments made by this sec- all that follows through line 2 on page 2150 shall make grants to States in accordance tion shall be construed to create any infer- and insert the following: with the requirements of this section; and ence that a person described in section (15) INDIAN TRIBE.—The term ‘‘Indian (C) which shall ensure that States have the 6045(c)(1)(D) of the Internal Revenue Code of Tribe’’ has the meaning given the term in capacity to promote the achievement of dig- 1986, as added by this section, includes any section 4(e) of the Indian Self-Determination ital equity and support digital inclusion ac- person solely engaged in the business of— and Education Assistance Act (25 U.S.C. tivities. (A) validating distributed ledger trans- 5304(e)). (2) CONSULTATION WITH OTHER FEDERAL actions, without providing other functions or (16) INSTITUTION OF HIGHER EDUCATION.— AGENCIES; NO CONFLICT.—In establishing the services, or The term ‘‘institution of higher education’’— Program under paragraph (1), the Assistant (B) selling hardware or software the sole (A) has the meaning given the term in sec- Secretary shall— function of which is to permit persons to tion 101 of the Higher Education Act of 1965 (A) consult with— control a private key (used for accessing dig- (20 U.S.C. 1001); and (i) the Secretary of Agriculture; ital assets on a distributed ledger). (B) includes a postsecondary vocational in- (ii) the Secretary of Housing and Urban (2) BROKERS AND TREATMENT OF DIGITAL AS- stitution. Development; SETS.—Nothing in this section or the amend- (17) LOCAL EDUCATIONAL AGENCY.—The term (iii) the Secretary of Education; ments made by this section shall be con- ‘‘local educational agency’’ has the meaning (iv) the Secretary of Labor; strued to create any inference, for any period given the term in section 8101(30) of the Ele- (v) the Secretary of Health and Human prior to the effective date of such amend- mentary and Secondary Education Act of Services; ments, with respect to— 1965 (20 U.S.C. 7801(30)). (vi) the Secretary of Veterans Affairs; (A) whether any person is a broker under (18) POSTSECONDARY VOCATIONAL INSTITU- (vii) the Secretary of the Interior; section 6045(c)(1) of the Internal Revenue TION.—The term ‘‘postsecondary vocational (viii) the Federal Communications Com- Code of 1986, or institution’’ has the meaning given the term mission; (B) whether any digital asset is property in section 102(c) of the Higher Education Act (ix) the Federal Trade Commission; which is a specified security under section of 1965 (20 U.S.C. 1002(c)). (x) the Director of the Institute of Museum 6045(g)(3)(B) of such Code. (19) RURAL AREA.—The term ‘‘rural area’’ and Library Services; has the meaning given the term in section (xi) the Administrator of the Small Busi- SA 2645. Mr. WARNER (for himself 601(b)(3) of the Rural Electrification Act of ness Administration; and Ms. SINEMA) submitted an amend- 1936 (7 U.S.C. 950bb(b)(3)). (xii) the Federal Co-Chair of the Appa- ment intended to be proposed to (20) STATE.—The term ‘‘State’’ means— lachian Regional Commission; and amendment SA 2137 proposed by Mr. (A) any State of the United States; (xiii) the head of any other agency that the Assistant Secretary determines to be appro- SCHUMER (for Ms. SINEMA (for herself, (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. priate; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) ensure that the Program complements SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (21) VETERAN.—The term ‘‘veteran’’ has the meaning given the term in section 101 of and enhances, and does not conflict with, TESTER, Ms. MURKOWSKI, Mr. WARNER, title 38, United States Code. other Federal broadband initiatives and pro- and Mr. ROMNEY)) to the bill H.R. 3684, grams. (22) WORKFORCE DEVELOPMENT PROGRAM.— (b) ADMINISTERING ENTITY.— to authorize funds for Federal-aid high- The term ‘‘workforce development program’’ (1) SELECTION; FUNCTION.—The governor (or ways, highway safety programs, and has the meaning given the term in section transit programs, and for other pur- equivalent official) of a State that wishes to 3(66) of the Workforce Innovation and Oppor- be awarded a grant under this section shall, poses; which was ordered to lie on the tunity Act (29 U.S.C. 3102(66)). from among entities that are eligible under table; as follows: SEC. 60303. SENSE OF CONGRESS. paragraph (2), select an administering entity On page 2437, after line 8, insert the fol- It is the sense of Congress that— for that State, which shall— lowing: (1) a broadband connection and digital lit- (A) serve as the recipient of, and admin- (d) RULES OF CONSTRUCTION.— eracy are increasingly critical to how indi- istering agent for, any grant awarded to the (1) DEFINITION OF BROKER.—Nothing in this viduals— State under this section; section or the amendments made by this sec- (A) participate in the society, economy, (B) develop, implement, and oversee the tion shall be construed to create any infer- and civic institutions of the United States; State Digital Equity Plan for the State de- ence that a person described in section and scribed in subsection (c); 6045(c)(1)(D) of the Internal Revenue Code of (B) access health care and essential serv- (C) make subgrants to any entity described 1986, as added by this section, includes any ices, obtain education, and build careers; in subsection (c)(1)(D) that is located in the person solely engaged in the business of— (2) digital exclusion— State in support of— (A) validating distributed ledger trans- (A) carries a high societal and economic (i) the State Digital Equity Plan for the actions, without providing other functions or cost; State; and services, or (B) materially harms the opportunity of an (ii) digital inclusion activities in the State (B) selling hardware or software the sole individual with respect to the economic suc- generally; and function of which is to permit persons to cess, educational achievement, positive (D) serve as— control a private key (used for accessing dig- health outcomes, social inclusion, and civic (i) an advocate for digital equity policy ital assets on a distributed ledger). engagement of that individual; and and digital inclusion activities; and (2) BROKERS AND TREATMENT OF DIGITAL AS- (C) exacerbates existing wealth and income (ii) a repository of best practice materials SETS.—Nothing in this section or the amend- gaps, especially those experienced by covered regarding the policies and activities de- ments made by this section shall be con- populations; scribed in clause (i). strued to create any inference, for any period (3) achieving digital equity for all people of (2) ELIGIBLE ENTITIES.—Any of the fol- prior to the effective date of such amend- the United States requires additional and lowing entities may serve as the admin- ments, with respect to— sustained investment and research efforts; istering entity for a State for the purposes of (A) whether any person is a broker under (4) the Federal Government, as well as this section if the entity has demonstrated a section 6045(c)(1) of the Internal Revenue State, tribal, territorial, and local govern- capacity to administer the Program on a Code of 1986, or ments, have made social, legal, and eco- statewide level: (B) whether any digital asset is property nomic obligations that necessarily extend to (A) The State, a political subdivision, which is a specified security under section how the citizens and residents of those gov- agency, or instrumentality of the State, an 6045(g)(3)(B) of such Code. ernments access and use the internet; and Indian Tribe located in the State, an Alaska (5) achieving digital equity is a matter of Native entity located in the State, or a Na- SA 2646. Mr. INHOFE (for himself social and economic justice and is worth pur- tive Hawaiian organization located in the and Mr. LANKFORD) submitted an suing. State. amendment intended to be proposed to SEC. 60304. STATE DIGITAL EQUITY CAPACITY (B) A foundation, corporation, institution, amendment SA 2137 proposed by Mr. GRANT PROGRAM. association, or coalition that is— SCHUMER (for Ms. SINEMA (for herself, (a) ESTABLISHMENT; PURPOSE.— (i) a not-for-profit entity; Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (1) IN GENERAL.—The Assistant Secretary (ii) providing services in the State; and SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. shall establish in the Department of Com- (iii) not a school. TESTER, Ms. MURKOWSKI, Mr. WARNER, merce the State Digital Equity Capacity (C) A community anchor institution, other Grant Program (referred to in this section as than a school, that is located in the State. and Mr. ROMNEY)) to the bill H.R. 3684, the ‘‘Program’’)— (D) A local educational agency that is lo- to authorize funds for Federal-aid high- (A) the purpose of which is to promote the cated in the State. ways, highway safety programs, and achievement of digital equity, support dig- (E) An entity located in the State that car- transit programs, and for other pur- ital inclusion activities, and build capacity ries out a workforce development program. poses; which was ordered to lie on the for efforts by States relating to the adoption (F) An agency of the State that is respon- table; as follows: of broadband by residents of those States; sible for administering or supervising adult

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(B) CONSIDERATION OF COMMENTS RE- which a planning grant is awarded under this (H) A partnership between any of the enti- CEIVED.—The administering entity for a paragraph shall, through the administering ties described in subparagraphs (A) through State shall, with respect to an application entity for that State, use the grant funds (G). submitted to the Assistant Secretary under only for the following purposes: (c) STATE DIGITAL EQUITY PLAN.— subsection (d)(2)— (i) To develop the State Digital Equity (1) DEVELOPMENT; CONTENTS.—A State that (i) before submitting the application— Plan of the State under this subsection. wishes to be awarded a grant under sub- (I) consider all comments received during (ii)(I) Subject to subclause (II), to make section (d) shall develop a State Digital Eq- the comment period described in subpara- subgrants to any of the entities described in uity Plan for the State, which shall in- graph (A) with respect to the application (re- paragraph (1)(D) to assist in the development clude— ferred to in this subparagraph as the ‘‘com- of the State Digital Equity Plan of the State (A) the identification of the barriers to dig- ment period’’); and under this subsection. ital equity faced by covered populations in (II) make any changes to the plan that the (II) If the administering entity for a State the State; administering entity determines to be makes a subgrant described in subclause (I), (B) measurable objectives for documenting worthwhile; and the administering entity shall, with respect and promoting, among each group described (ii) when submitting the application— to the subgrant, provide to the State the as- in subparagraphs (A) through (H) of section surances required under subsection (e). (I) describe any changes pursued by the ad- 60302(8) located in that State— (d) STATE CAPACITY GRANTS.— ministering entity in response to comments (i) the availability of, and affordability of (1) IN GENERAL.—Beginning not later than 2 access to, fixed and wireless broadband tech- received during the comment period; and years after the date on which the Assistant nology; (II) include a written response to each Secretary begins awarding planning grants (ii) the online accessibility and inclusivity comment received during the comment pe- under subsection (c)(3), the Assistant Sec- of public resources and services; riod. retary shall each year award grants to eligi- (iii) digital literacy; (3) PLANNING GRANTS.— ble States to support— (iv) awareness of, and the use of, measures (A) IN GENERAL.—Beginning in the first fis- (A) the implementation of the State Dig- to secure the online privacy of, and cyberse- cal year that begins after the date of enact- ital Equity Plans of those States; and curity with respect to, an individual; and ment of this Act, the Assistant Secretary (B) digital inclusion activities in those (v) the availability and affordability of shall, in accordance with the requirements of States. consumer devices and technical support for this paragraph, award planning grants to (2) APPLICATION.—A State that wishes to be those devices; States for the purpose of developing the awarded a grant under this subsection shall, (C) an assessment of how the objectives de- State Digital Equity Plans of those States not later than 60 days after the date on scribed in subparagraph (B) will impact and under this subsection. which the notice of funding availability with interact with the State’s— (B) ELIGIBILITY.—In order to be awarded a respect to the grant is released, submit to (i) economic and workforce development planning grant under this paragraph, a the Assistant Secretary an application, in a goals, plans, and outcomes; State— format to be determined by the Assistant (ii) educational outcomes; (i) shall submit to the Assistant Secretary Secretary, that contains the following mate- (iii) health outcomes; an application under subparagraph (C); and rials: (iv) civic and social engagement; and (ii) may not have been awarded, at any (A) A description of the entity selected to (v) delivery of other essential services; time, a planning grant under this paragraph. serve as the administering entity for the (D) in order to achieve the objectives de- (C) APPLICATION.—A State that wishes to State, as described in subsection (b). scribed in subparagraph (B), a description of be awarded a planning grant under this para- (B) The State Digital Equity Plan of that how the State plans to collaborate with key graph shall, not later than 60 days after the State, as described in subsection (c). stakeholders in the State, which may in- date on which the notice of funding avail- (C) A certification that the State, acting clude— ability with respect to the grant is released, through the administering entity for the (i) community anchor institutions; 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 members of (xi) a partnership between any of the enti- date on which the State is awarded the grant covered populations in proportion to the ties described in clauses (i) through (x); and funds. total number of individuals in all eligible (E) a list of organizations with which the (II) EXCEPTION.—The Assistant Secretary States who are members of covered popu- administering entity for the State collabo- may grant an extension of not longer than lations. rated in developing and implementing the 180 days with respect to the requirement (III) 25 percent of the total grant amount Plan. under subclause (I). shall be based on the comparative lack of (2) PUBLIC AVAILABILITY.— (iii) CHALLENGE MECHANISM.—The Assistant availability and adoption of broadband in the (A) IN GENERAL.—The administering entity Secretary shall ensure that any eligible eligible State in proportion to the lack of for a State shall make the State Digital Eq- State to which a planning grant is awarded availability and adoption of broadband of all uity Plan of the State available for public under this paragraph may appeal or other- eligible States, which shall be determined comment for a period of not less than 30 days wise challenge in a timely fashion the according to data collected from—

VerDate Sep 11 2014 01:44 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.023 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6022 CONGRESSIONAL RECORD — SENATE August 7, 2021 (aa) the annual inquiry of the Federal (aa) the entity shall carry out the activi- comment in accordance with subsection Communications Commission conducted ties required under items (aa), (bb), and (cc) (c)(2); and under section 706(b) of the Telecommuni- of that subclause; (3) the State, before submitting to the As- cations Act of 1996 (47 U.S.C. 1302(b)); (bb) the receipt of the grant shall not re- sistant Secretary the State Digital Equity (bb) the American Community Survey or, sult in unjust enrichment of the entity; and Plan of the State, has complied with the re- if necessary, other data collected by the Bu- (cc) the entity shall cooperate with any quirements of subsection (c)(2). reau of the Census; evaluation— (f) TERMINATION OF GRANT.— (cc) the NTIA Internet Use Survey, which (AA) of any program that relates to a (1) IN GENERAL.—The Assistant Secretary is administered as the Computer and Inter- grant awarded to the entity; and shall terminate a grant awarded to an eligi- net Use Supplement to the Current Popu- (BB) that is carried out by or for the ad- ble State under this section if, after notice lation Survey of the Bureau of the Census; ministering entity, the Assistant Secretary, to the State and opportunity for a hearing, and or another Federal official. the Assistant Secretary— (dd) any other source that the Assistant (iv)(I) Subject to subclause (II), to evaluate (A) presents to the State a rationale and Secretary, after appropriate notice and op- the efficacy of the efforts funded by grants supporting information that clearly dem- portunity for public comment, determines to made under clause (iii). onstrates that— be appropriate. (II) An administering entity for an eligible (i) the grant funds are not contributing to (ii) MINIMUM AWARD.—The amount of a State to which a grant is awarded under this the development or execution of the State grant awarded to an eligible State under this subsection may use not more than 5 percent Digital Equity Plan of the State, as applica- subsection in a fiscal year shall be not less of the amount of the grant for a purpose de- ble; and than 0.5 percent of the total amount made scribed in subclause (I). (ii) the State is not upholding assurances available to award grants to eligible States (v)(I) Subject to subclause (II), for the ad- made by the State to the Assistant Sec- for that fiscal year. ministrative costs incurred in carrying out retary under subsection (e); and (iii) ADDITIONAL AMOUNTS.—If, after award- the activities described in clauses (i) through (B) determines that the grant is no longer ing planning grants to States under sub- (iv). necessary to achieve the original purpose for section (c)(3) and capacity grants to eligible (II) An administering entity for an eligible which Assistant Secretary awarded the States under this subsection in a fiscal year, State to which a grant is awarded under this grant. there are amounts remaining to carry out subsection may use not more than 3 percent (2) REDISTRIBUTION.—If the Assistant Sec- this section, the Assistant Secretary shall of the amount of the grant for a purpose de- retary, in a fiscal year, terminates a grant distribute those amounts— scribed in subclause (I). under paragraph (1), the Assistant Secretary (I) to eligible States to which the Assistant (e) ASSURANCES.—When applying for a shall redistribute the unspent grant Secretary has awarded grants under this sub- grant under this section, a State shall in- amounts— section for that fiscal year; and clude in the application for that grant assur- (A) to eligible States to which the Assist- (II) in accordance with the formula de- ances that— ant Secretary has awarded grants under sub- scribed in clause (i). (1) if an entity described in section 60305(b) section (d) for that fiscal year; and (iv) DATA UNAVAILABLE.—If, in a fiscal is awarded grant funds under this section (B) in accordance with the formula de- year, the Commonwealth of Puerto Rico (re- (referred to in this subsection as a ‘‘covered scribed in subsection (d)(3)(A)(i). ferred to in this clause as ‘‘Puerto Rico’’) is recipient’’), provide that— (g) REPORTING AND INFORMATION REQUIRE- an eligible State and specific data for Puerto (A) the covered recipient shall use the MENTS; INTERNET DISCLOSURE.—The Assist- Rico is unavailable for a factor described in grant funds in accordance with any applica- ant Secretary— subclause (I), (II), or (II) of clause (i), the As- ble statute, regulation, and application pro- (1) shall— sistant Secretary shall use the median data cedure; (A) require any entity to which a grant, in- point with respect to that factor among all (B) the administering entity for that State cluding a subgrant, is awarded under this eligible States and assign it to Puerto Rico shall adopt and use proper methods of ad- section to publicly report, for each year dur- for the purposes of making any calculation ministering any grant that the covered re- ing the period described in subsection under that clause for that fiscal year. cipient is awarded, including by— (c)(3)(D)(ii) or (d)(3)(B), as applicable, with (B) DURATION.—With respect to a grant (i) enforcing any obligation imposed under respect to the grant, and in a format speci- awarded to an eligible State under this sub- law on any agency, institution, organization, fied by the Assistant Secretary, on— section, the eligible State shall expend the or other entity that is responsible for car- (i) the use of that grant by the entity; grant funds during the 5-year period begin- rying out the program to which the grant re- (ii) the progress of the entity towards ful- ning on the date on which the eligible State lates; filling the objectives for which the grant was is awarded the grant funds. (ii) correcting any deficiency in the oper- awarded; and (C) CHALLENGE MECHANISM.—The Assistant ation of a program to which the grant re- (iii) the implementation of the State Dig- Secretary shall ensure that any eligible lates, as identified through an audit or an- ital Equity Plan of the State; State to which a grant is awarded under this other monitoring or evaluation procedure; (B) establish appropriate mechanisms to subsection may appeal or otherwise chal- and ensure that each eligible State to which a lenge in a timely fashion the amount of the (iii) adopting written procedures for the re- grant is awarded under this section— grant awarded to the State, as determined ceipt and resolution of complaints alleging a (i) uses the grant amounts in an appro- under subparagraph (A). violation of law with respect to a program to priate manner; and (D) USE OF FUNDS.—The administering en- which the grant relates; and (ii) complies with all terms with respect to tity for an eligible State to which a grant is (C) the administering entity for that State the use of the grant amounts; and awarded under this subsection shall use the shall cooperate in carrying out any evalua- (C) create and maintain a fully searchable grant amounts for the following purposes: tion— database, which shall be accessible on the (i)(I) Subject to subclause (II), to update or (i) of any program that relates to a grant internet at no cost to the public, that con- maintain the State Digital Equity Plan of awarded to the covered recipient; and tains, at a minimum— the State. (ii) that is carried out by or for the Assist- (i) the application of each State that has (II) An administering entity for an eligible ant Secretary or another Federal official; applied for a grant under this section; State to which a grant is awarded under this (2) the administering entity for that State (ii) the status of each application described subsection may use not more than 20 percent shall— in clause (i); of the amount of the grant for the purpose (A) use fiscal control and fund accounting (iii) each report submitted by an entity described in subclause (I). procedures that ensure the proper disburse- under subparagraph (A); (ii) To implement the State Digital Equity ment of, and accounting for, any Federal (iv) a record of public comments made re- Plan of the State. funds that the State is awarded under this garding the State Digital Equity Plan of a (iii)(I) Subject to subclause (II), to award a section; State, as well as any written responses to or grant to any entity that is described in sec- (B) submit to the Assistant Secretary any actions taken as a result of those comments; tion 60305(b) and is located in the eligible reports that may be necessary to enable the and State in order to— Assistant Secretary to perform the duties of (v) any other information that is sufficient (aa) assist in the implementation of the the Assistant Secretary under this section; to allow the public to understand and mon- State Digital Equity Plan of the State; (C) maintain any records and provide any itor grants awarded under this section; and (bb) pursue digital inclusion activities in information to the Assistant Secretary, in- (2) may establish additional reporting and the State consistent with the State Digital cluding those records, that the Assistant information requirements for any recipient Equity Plan of the State; and Secretary determines is necessary to enable of a grant under this section. (cc) report to the State regarding the dig- the Assistant Secretary to perform the du- (h) SUPPLEMENT NOT SUPPLANT.—A grant ital inclusion activities of the entity. ties of the Assistant Secretary under this or subgrant awarded under this section shall (II) Before an administering entity for an section; and supplement, not supplant, other Federal or eligible State may award a grant under sub- (D) with respect to any significant pro- State funds that have been made available to clause (I), the administering entity shall re- posed change or amendment to the State carry out activities described in this section. quire the entity to which the grant is award- Digital Equity Plan for the State, make the (i) SET ASIDES.—From amounts made ed to certify that— change or amendment available for public available in a fiscal year to carry out the

VerDate Sep 11 2014 01:44 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.023 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6023 Program, the Assistant Secretary shall re- (X) the Director of the Institute of Mu- (F) provides— serve— seum and Library Services; (i) the assurances that are required under (1) not more than 5 percent for the imple- (XI) the Administrator of the Small Busi- subsection (f); and mentation and administration of the Pro- ness Administration; (ii) an assurance that the entity shall fol- gram, which shall include— (XII) the Federal Co-Chair of the Appa- low such additional procedures as the Assist- (A) providing technical support and assist- lachian Regional Commission; and ant Secretary may require to ensure that ance, including ensuring consistency in data (XIII) the head of any other agency that grant funds are used and accounted for in an reporting; the Assistant Secretary determines to be ap- appropriate manner. (B) providing assistance to— propriate; and (d) AWARD OF GRANTS.— (i) States, or administering entities for (ii) ensure that the Program complements (1) FACTORS CONSIDERED IN AWARD OF States, to prepare the applications of those and enhances, and does not conflict with, GRANTS.—In deciding whether to award a States; and other Federal broadband initiatives and pro- grant under the Program, the Assistant Sec- (ii) administering entities with respect to grams. retary shall, to the extent practicable, con- (b) ELIGIBILITY.—The Assistant Secretary grants awarded under this section; and sider— may award a grant under the Program to (C) developing the report required under (A) whether an application shall, if ap- section 60306(a); any of the following entities if the entity is proved— (2) not less than 5 percent to award grants not serving, and has not served, as the ad- (i) increase internet access and the adop- to, or enter into contracts or cooperative ministering entity for a State under section tion of broadband among covered popu- agreements with, Indian Tribes, Alaska Na- 60304(b): lations to be served by the applicant; and tive entities, and Native Hawaiian organiza- (1) A political subdivision, agency, or in- (ii) not result in unjust enrichment; tions to allow those tribes, entities, and or- strumentality of a State, including an agen- (B) the comparative geographic diversity ganizations to carry out the activities de- cy of a State that is responsible for admin- of the application in relation to other eligi- scribed in this section; and istering or supervising adult education and ble applications; and (3) not less than 1 percent to award grants literacy activities, or for providing public (C) the extent to which an application may to, or enter into contracts or cooperative housing, in the State. agreements with, the United States Virgin (2) An Indian Tribe, an Alaska Native enti- duplicate or conflict with another program. Islands, Guam, American Samoa, the Com- ty, or a Native Hawaiian organization. (2) USE OF FUNDS.— monwealth of the Northern Mariana Islands, (3) A foundation, corporation, institution, (A) IN GENERAL.—In addition to the activi- and any other territory or possession of the or association that is— ties required under subparagraph (B), an en- United States that is not a State to enable (A) a not-for-profit entity; and tity to which the Assistant Secretary awards those entities to carry out the activities de- (B) not a school. a grant under the Program shall use the scribed in this section. (4) A community anchor institution. grant amounts to support not less than 1 of (j) RULES.—The Assistant Secretary may (5) A local educational agency. the following activities: prescribe such rules as may be necessary to (6) An entity that carries out a workforce (i) To develop and implement digital inclu- carry out this section. development program. sion activities that benefit covered popu- (k) AUTHORIZATION OF APPROPRIATIONS.— (7) A partnership between any of the enti- lations. There are authorized to be appropriated— ties described in paragraphs (1) through (6). (ii) To facilitate the adoption of broadband (1) $60,000,000 for the award of grants under (8) A partnership between— by covered populations in order to provide subsection (c)(3), which shall remain avail- (A) an entity described in any of para- educational and employment opportunities able until expended; graphs (1) through (6); and to those populations. (2) for the award of grants under sub- (B) an entity that— (iii) To implement, consistent with the section (d)— (i) the Assistant Secretary, by rule, deter- purposes of this title— (A) $240,000,000 for fiscal year 2022; and mines to be in the public interest; and (I) training programs for covered popu- (B) $300,000,000 for each of fiscal years 2023 (ii) is not a school. lations that cover basic, advanced, and ap- through 2026; and (c) APPLICATION.—An entity that wishes to plied skills; or (3) such sums as may be necessary to carry be awarded a grant under the Program shall (II) other workforce development pro- out this section for each fiscal year after the submit to the Assistant Secretary an appli- grams. end of the 5-fiscal year period described in cation— (iv) To make available equipment, instru- paragraph (2). (1) at such time, in such form, and con- mentation, networking capability, hardware SEC. 60305. DIGITAL EQUITY COMPETITIVE taining such information as the Assistant and software, or digital network technology GRANT PROGRAM. Secretary may require; and for broadband services to covered popu- (a) ESTABLISHMENT.— (2) that— lations at low or no cost. (1) IN GENERAL.—Not later than 30 days (A) provides a detailed explanation of how (v) To construct, upgrade, expend, or oper- after the date on which the Assistant Sec- the entity will use any grant amounts ate new or existing public access computing retary begins awarding grants under section awarded under the Program to carry out the centers for covered populations through 60304(d), and not before that date, the Assist- purposes of the Program in an efficient and community anchor institutions. ant Secretary shall establish in the Depart- expeditious manner; (vi) To undertake any other project and ac- ment of Commerce the Digital Equity Com- (B) identifies the period in which the appli- tivity that the Assistant Secretary finds to petitive Grant Program (referred to in this cant will expend the grant funds awarded be consistent with the purposes for which section as the ‘‘Program’’), the purpose of under the Program; the Program is established. which is to award grants to support efforts (C) includes— (B) EVALUATION.— to achieve digital equity, promote digital in- (i) a justification for the amount of the (i) IN GENERAL.—An entity to which the As- clusion activities, and spur greater adoption grant that the applicant is requesting; and sistant Secretary awards a grant under the of broadband among covered populations. (ii) for each fiscal year in which the appli- Program shall use not more than 10 percent (2) CONSULTATION; NO CONFLICT.—In estab- cant will expend the grant funds, a budget of the grant amounts to measure and evalu- lishing the Program under paragraph (1), the for the activities that the grant funds will ate the activities supported with the grant Assistant Secretary— support; amounts. (A) may consult a State with respect to— (D) demonstrates to the satisfaction of the (ii) SUBMISSION TO ASSISTANT SECRETARY.— (i) the identification of groups described in Assistant Secretary that the entity— An entity to which the Assistant Secretary subparagraphs (A) through (H) of section (i) is capable of carrying out— awards a grant under the Program shall sub- 60302(8) located in that State; and (I) the project or function to which the ap- mit to the Assistant Secretary each meas- (ii) the allocation of grant funds within plication relates; and urement and evaluation performed under that State for projects in or affecting the (II) the activities described in subsection clause (i)— State; and (h)— (I) in a manner specified by the Assistant (B) shall— (aa) in a competent manner; and Secretary; (i) consult with— (bb) in compliance with all applicable Fed- (II) not later than 15 months after the date (I) the Secretary of Agriculture; eral, State, and local laws; and on which the entity is awarded the grant (II) the Secretary of Housing and Urban (ii) if the applicant is an entity described amounts; and Development; in subsection (b)(1), shall appropriate or oth- (III) annually after the submission de- (III) the Secretary of Education; erwise unconditionally obligate from non- scribed in subclause (II) for any year in (IV) the Secretary of Labor; Federal sources funds that are necessary to which the entity expends grant amounts. (V) the Secretary of Health and Human meet the requirements of subsection (e); (C) ADMINISTRATIVE COSTS.—An entity to Services; (E) discloses to the Assistant Secretary the which the Assistant Secretary awards a (VI) the Secretary of Veterans Affairs; source and amount of other Federal, State, grant under the Program may use not more (VII) the Secretary of the Interior; or outside funding sources from which the than 10 percent of the amount of the grant (VIII) the Federal Communications Com- entity receives, or has applied for, funding for administrative costs in carrying out any mission; for activities or projects to which the appli- of the activities described in subparagraph (IX) the Federal Trade Commission; cation relates; and (A).

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(D) TIME LIMITATIONS.—With respect to a notice to the entity and opportunity for a (B) providing assistance to entities to pre- grant awarded to an entity under the Pro- hearing, the Assistant Secretary— pare the applications of those entities with gram, the entity— (A) presents to the entity a rationale and respect to grants awarded under this section; (i) except as provided in clause (ii), shall supporting information that clearly dem- (C) developing the report required under expend the grant amounts during the 4-year onstrates that— section 60306(a); and period beginning on the date on which the (i) the grant funds are not being used in a (D) conducting outreach to entities that entity is awarded the grant amounts; and manner that is consistent with the applica- may be eligible to be awarded a grant under (ii) during the 1-year period beginning on tion with respect to the grant submitted by the Program regarding opportunities to the date that is 4 years after the date on the entity under subsection (c); and apply for such a grant; which the entity is awarded the grant (ii) the entity is not upholding assurances (2) 5 percent to award grants to, or enter amounts, may continue to measure and made by the entity to the Assistant Sec- into contracts or cooperative agreements evaluate the activities supported with the retary under subsection (f); and with, Indian Tribes, Alaska Native entities, grant amounts, as required under subpara- (B) determines that the grant is no longer and Native Hawaiian organizations to allow graph (B). necessary to achieve the original purpose for those tribes, entities, and organizations to (e) FEDERAL SHARE.— which Assistant Secretary awarded the carry out the activities described in this sec- (1) IN GENERAL.—Except as provided in grant; and tion; and paragraph (2), the Federal share of any (2) with respect to any grant funds that the (3) 1 percent to award grants to, or enter project for which the Assistant Secretary Assistant Secretary deobligates or termi- into contracts or cooperative agreements awards a grant under the Program may not nates under paragraph (1), competitively with, the United States Virgin Islands, exceed 90 percent. award the grant funds to another applicant, Guam, American Samoa, the Commonwealth (2) EXCEPTION.—The Assistant Secretary consistent with the requirements of this sec- of the Northern Mariana Islands, and any may grant a waiver with respect to the limi- tion. other territory or possession of the United tation on the Federal share of a project de- (h) REPORTING AND INFORMATION REQUIRE- States that is not a State to enable those en- scribed in paragraph (1) if— MENTS; INTERNET DISCLOSURE.—The Assist- tities to carry out the activities described in ant Secretary— (A) the applicant with respect to the this section. (1) shall— ULES.—The Assistant Secretary may project petitions the Assistant Secretary for (k) R prescribe such rules as may be necessary to the waiver; and (A) require any entity to which the Assist- carry out this section. (B) the Assistant Secretary determines ant Secretary awards a grant under the Pro- gram to, for each year during the period de- (l) AUTHORIZATION OF APPROPRIATIONS.— that the petition described in subparagraph There are authorized to be appropriated to (A) demonstrates financial need. scribed in subsection (d)(2)(D) with respect to the grant, submit to the Assistant Sec- carry out this section— (f) ASSURANCES.—When applying for a retary a report, in a format specified by the (1) $250,000,000 for each of the first 5 fiscal grant under this section, an entity shall in- Assistant Secretary, regarding— years in which funds are made available to clude in the application for that grant assur- (i) the amount of the grant; carry out this section; and ances that the entity shall— (ii) the use by the entity of the grant (2) such sums as may be necessary for each (1) use any grant funds that the entity is amounts; and fiscal year after the end of the 5-fiscal year awarded— (iii) the progress of the entity towards ful- period described in paragraph (1). (A) in accordance with any applicable stat- filling the objectives for which the grant was SEC. 60306. POLICY RESEARCH, DATA COLLEC- ute, regulation, and application procedure; awarded; TION, ANALYSIS AND MODELING, and (B) establish mechanisms to ensure appro- EVALUATION, AND DISSEMINATION. (B) to the extent required under applicable priate use of, and compliance with respect to (a) REPORTING REQUIREMENTS.— law; all terms regarding, grant funds awarded (1) IN GENERAL.—Not later than 1 year after (2) adopt and use proper methods of admin- under the Program; the date on which the Assistant Secretary istering any grant that the entity is award- (C) create and maintain a fully searchable begins awarding grants under section ed, including by— database, which shall be accessible on the 60304(d)(1), and annually thereafter, the As- (A) enforcing any obligation imposed under internet at no cost to the public, that con- sistant Secretary shall— law on any agency, institution, organization, tains, at a minimum— (A) submit to the appropriate committees or other entity that is responsible for car- (i) a list of each entity that has applied for of Congress a report that documents, for the rying out a program to which the grant re- a grant under the Program; year covered by the report— lates; (ii) a description of each application de- (i) the findings of each evaluation con- (B) correcting any deficiency in the oper- scribed in clause (i), including the proposed ducted under subparagraph (B); ation of a program to which the grant re- purpose of each grant described in that (ii) a list of each grant awarded under each lates, as identified through an audit or an- clause; covered program, which shall include— other monitoring or evaluation procedure; (iii) the status of each application de- (I) the amount of each such grant; and scribed in clause (i), including whether the (II) the recipient of each such grant; and (C) adopting written procedures for the re- Assistant Secretary has awarded a grant (III) the purpose for which each such grant ceipt and resolution of complaints alleging a with respect to the application and, if so, the was awarded; violation of law with respect to a program to amount of the grant; (iii) any deobligation, termination, or which the grant relates; (iv) each report submitted by an entity modification of a grant awarded under the (3) cooperate with respect to any evalua- under subparagraph (A); and covered programs, which shall include a de- tion— (v) any other information that is sufficient scription of the subsequent usage of any (A) of any program that relates to a grant to allow the public to understand and mon- funds to which such an action applies; and awarded to the entity; and itor grants awarded under the Program; and (iv) each challenge made by an applicant (B) that is carried out by or for the Assist- (D) ensure that any entity with respect to for, or a recipient of, a grant under the cov- ant Secretary or another Federal official; which an award is deobligated or terminated ered programs and the outcome of each such (4) use fiscal control and fund accounting under subsection (g) may, in a timely man- challenge; and procedures that ensure the proper disburse- ner, appeal or otherwise challenge that (B) conduct evaluations of the activities ment of, and accounting for, any Federal deobligation or termination, as applicable; carried out under the covered programs, funds that the entity is awarded under the and which shall include an evaluation of— Program; (2) may establish additional reporting and (i) whether eligible States to which grants (5) submit to the Assistant Secretary any information requirements for any recipient are awarded under the program established reports that may be necessary to enable the of a grant under the Program. under section 60304 are— Assistant Secretary to perform the duties of (i) SUPPLEMENT NOT SUPPLANT.—A grant (I) abiding by the assurances made by the Assistant Secretary under the Program; awarded to an entity under the Program those States under subsection (e) of that sec- and shall supplement, not supplant, other Fed- tion; (6) maintain any records and provide any eral or State funds that have been made (II) meeting, or have met, the stated goals information to the Assistant Secretary, in- available to the entity to carry out activi- of the Digital Equity Plans developed by the cluding those records, that the Assistant ties described in this section. States under subsection (c) of that section; Secretary determines is necessary to enable (j) SET ASIDES.—From amounts made (III) satisfying the requirements imposed the Assistant Secretary to perform the du- available in a fiscal year to carry out the by the Assistant Secretary on those States ties of the Assistant Secretary under the Program, the Assistant Secretary shall re- under subsection (g) of that section; and Program. serve— (IV) in compliance with any other rules, (g) DEOBLIGATION OR TERMINATION OF (1) 5 percent for the implementation and requirements, or regulations promulgated by GRANT.—In addition to other authority administration of the Program, which shall the Assistant Secretary in implementing under applicable law, the Assistant Sec- include— that program; and retary may— (A) providing technical support and assist- (ii) whether entities to which grants are (1) deobligate or terminate a grant award- ance, including ensuring consistency in data awarded under the program established ed to an entity under this section if, after reporting; under section 60305 are—

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(I) abiding by the assurances made by (e) AUTHORIZATION OF APPROPRIATIONS.— (B) DECREASE OF AMOUNT OF DEDUCTIBLE OR those entities under subsection (f) of that There are authorized to be appropriated such INCREASE IN AMOUNT OF COVERAGE.—In the section; sums as may be necessary to carry out this case of a policyholder described in section (II) meeting, or have met, the stated goals section, which shall remain available until 1308(e)(1)(C)(ii) of the National Flood Insur- of those entities with respect to the use of expended. ance Act of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)), the grant amounts; SEC. 60307. GENERAL PROVISIONS. the Administrator shall establish a process (III) satisfying the requirements imposed (a) NONDISCRIMINATION.— by which the Administrator determines an by the Assistant Secretary on those States (1) IN GENERAL.—No individual in the increase in covered costs for the policyholder under subsection (h) of that section; and United States may, on the basis of actual or that is— (IV) in compliance with any other rules, perceived race, color, religion, national ori- (i) proportional to the relative change in requirements, or regulations promulgated by gin, sex, age, or disability, be excluded from risk based on the action taken by the policy- the Assistant Secretary in implementing participation in, be denied the benefits of, or holder; and that program. be subjected to discrimination under any (ii) in compliance with subparagraph (A). (2) PUBLIC AVAILABILITY.—The Assistant program or activity that is funded in whole (2) NEW RATING SYSTEMS.— Secretary shall make each report submitted or in part with funds made available to carry (A) CLASSIFICATION.—With respect to a under paragraph (1)(A) publicly available in out this title. property, the limitation under paragraph (1) an online format that— (2) ENFORCEMENT.—The Assistant Sec- shall remain in effect for each year until the (A) facilitates access and ease of use; retary shall effectuate paragraph (1) with re- covered costs with respect to the property (B) is searchable; and spect to any program or activity described in reflect full actuarial rates, without regard to (C) is accessible— that paragraph by issuing regulations and whether, at any time until the year in which (i) to individuals with disabilities; and taking actions consistent with section 602 of those covered costs reflect full actuarial (ii) in languages other than English. the Civil Rights Act of 1964 (42 U.S.C. 2000d– rates, the property is rated or classified (b) AUTHORITY TO CONTRACT AND ENTER 1). under the Risk Rating 2.0 methodology (or INTO OTHER ARRANGEMENTS.—The Assistant (3) JUDICIAL REVIEW.—Judicial review of an any substantially similar methodology). Secretary may award grants and enter into action taken by the Assistant Secretary (B) NEW POLICYHOLDER.—If a property to contracts, cooperative agreements, and other under paragraph (2) shall be available to the which the limitation under paragraph (1) ap- arrangements with Federal agencies, public extent provided in section 603 of the Civil plies is sold before the covered costs for the and private organizations, and other entities Rights Act of 1964 (42 U.S.C. 2000d–2). property reflect full actuarial rates deter- --- mined under the Risk Rating 2.0 method- with expertise that the Assistant Secretary SA 2647. Mr. MENENDEZ submitted determines appropriate in order to— ology (or any substantially similar method- (1) evaluate the impact and efficacy of ac- an amendment intended to be proposed ology), that limitation shall remain in effect tivities supported by grants awarded under to amendment SA 2137 proposed by Mr. for each year until the year in which those the covered programs; and SCHUMER (for Ms. SINEMA (for herself, full actuarial rates takes effect. (2) develop, catalog, disseminate, and pro- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (c) RULE OF CONSTRUCTION.—Nothing in mote the exchange of best practices, both SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. subsection (b) may be construed as prohib- with respect to and independent of the cov- TESTER, Ms. MURKOWSKI, Mr. WARNER, iting the Administrator from reducing, in ered programs, in order to achieve digital eq- and Mr. ROMNEY)) to the bill H.R. 3684, any year, the amount of any covered cost, as uity. to authorize funds for Federal-aid high- compared with the amount of the covered (c) CONSULTATION AND PUBLIC ENGAGE- ways, highway safety programs, and cost during the previous year. MENT.—In carrying out subsection (a), and to (d) AVERAGE HISTORICAL LOSS YEAR.—Sec- transit programs, and for other pur- tion 1308 of the National Flood Insurance Act further the objectives described in para- poses; which was ordered to lie on the graphs (1) and (2) of subsection (b), the As- of 1968 (42 U.S.C. 4015) is amended by striking sistant Secretary shall conduct ongoing col- table; as follows: subsection (h) and inserting the following: laboration and consult with— At the appropriate place, insert the fol- ‘‘(h) RULE OF CONSTRUCTION.—For purposes (1) the Secretary of Agriculture; lowing: of this section, the calculation of an ‘average (2) the Secretary of Housing and Urban De- SEC. lll. CAP ON ANNUAL PREMIUM IN- historical loss year’ shall be computed in ac- velopment; CREASES. cordance with generally accepted actuarial (3) the Secretary of Education; (a) DEFINITIONS.—In this section— principles.’’. (4) the Secretary of Labor; (1) the term ‘‘Administrator’’ means the (e) DISCLOSURE WITH RESPECT TO THE AF- (5) the Secretary of Health and Human Administrator of the Federal Emergency FORDABILITY STANDARD.—Section 1308(j) of Management Agency; and Services; the National Flood Insurance Act of 1968 (42 (2) the term ‘‘covered cost’’— (6) the Secretary of Veterans Affairs; U.S.C. 4015(j)) is amended, in the second sen- (A) means— (7) the Secretary of the Interior; tence, by inserting ‘‘and shall include in the (i) the amount of an annual premium with (8) the Federal Communications Commis- report the number of those exceptions as of respect to any policy for flood insurance sion; the date on which the Administrator submits under the National Flood Insurance Pro- (9) the Federal Trade Commission; the report and the location of each policy- gram; (10) the Director of the Institute of Mu- holder insured under those exceptions, orga- (ii) any surcharge imposed with respect to seum and Library Services; nized by county and State’’ after ‘‘of the a policy described in clause (i) (other than a (11) the Administrator of the Small Busi- Senate’’. surcharge imposed under section 1304(b) of ness Administration; SEC. lll. TARGETED MEANS-TESTED ASSIST- the National Flood Insurance Act of 1968 (42 ANCE. (12) the Federal Co-Chair of the Appa- U.S.C. 4011(b))), including a surcharge im- lachian Regional Commission; (a) IN GENERAL.—Chapter I of the National posed under section 1308A(a) of that Act (42 Flood Insurance Act of 1968 (42 U.S.C. 4011 et (13) State agencies and governors of States U.S.C. 4015a(a)); and seq.) is amended by inserting after section (or equivalent officials); (iii) a fee described in paragraph (1)(B)(iii) 1308A (42 U.S.C. 4015a) the following: (14) entities serving as administering enti- or (2) of section 1307(a) of the National Flood ties for States under section 60304(b); Insurance Act of 1968 (42 U.S.C. 4014(a)); and ‘‘SEC. 1308B. FLOOD INSURANCE ASSISTANCE. (15) national, State, tribal, and local orga- (B) does not include any cost associated ‘‘(a) DEFINITIONS.—In this section: nizations that provide digital inclusion, dig- with the purchase of insurance under section ‘‘(1) COVERED PROPERTY.—The term ‘cov- ital equity, or digital literacy services; 1304(b) of the National Flood Insurance Act ered property’ means— (16) researchers, academics, and philan- of 1968 (42 U.S.C. 4011(b)), including any sur- ‘‘(A) a primary residential dwelling de- thropic organizations; and charge that relates to insurance purchased signed for the occupancy of from 1 to 4 fami- (17) other agencies, organizations (includ- under such section 1304(b). lies; or ing international organizations), entities (in- (b) LIMITATION ON INCREASES.— ‘‘(B) personal property relating to a dwell- cluding entities with expertise in the fields (1) LIMITATION.— ing described in subparagraph (A). of data collection, analysis and modeling, (A) IN GENERAL.—During the 5-year period ‘‘(2) ELIGIBLE POLICYHOLDER.—The term ‘el- and evaluation), and community stake- beginning on the date of enactment of this igible policyholder’ means a policyholder holders, as determined appropriate by the Act, notwithstanding section 1308(e) of the with a household income that is not more Assistant Secretary. National Flood Insurance Act of 1968 (42 than 20 percent of the area median income (d) TECHNICAL SUPPORT AND ASSISTANCE.— U.S.C. 4015(e)), and subject to subparagraph for the area in which the property to which The Assistant Secretary shall provide tech- (B), the Administrator may not, in any year, the policy applies is located. nical support and assistance, assistance to increase the amount of any covered cost by ‘‘(3) HOUSING EXPENSES.—The term ‘hous- entities to prepare the applications of those an amount that is more than 9 percent, as ing expenses’ means, with respect to a house- entities with respect to grants awarded compared with the amount of the covered hold, the total amount that the household under the covered programs, and other re- cost during the previous year, except where spends in a year on— sources, to the extent practicable, to ensure the increase in the covered cost relates to an ‘‘(A) mortgage payments, and rent; consistency in data reporting and to meet exception under paragraph (1)(C)(iii) of such ‘‘(B) property taxes; the objectives of this section. section 1308(e). ‘‘(C) homeowners insurance; and

VerDate Sep 11 2014 01:44 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.023 S07AUPT1 dlhill on DSK120RN23PROD with SENATE S6026 CONGRESSIONAL RECORD — SENATE August 7, 2021 ‘‘(D) premiums for flood insurance under ‘‘(f) COLLECTION OF DEMOGRAPHIC INFORMA- SA 2648. Mr. KENNEDY submitted an the national flood insurance program. TION.—The Administrator, in order to evalu- amendment intended to be proposed to ‘‘(4) INSURANCE COSTS.—The term ‘insur- ate and monitor the effectiveness of this sec- amendment SA 2137 proposed by Mr. ance costs’ means, with respect to a covered tion, and to comply with the reporting re- SCHUMER (for Ms. SINEMA (for herself, property for a year— quirements under subsection (g), may re- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(A) risk premiums and fees estimated quest demographic information, and other under section 1307 and charged under section information, with respect to an eligible pol- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. 1308; icyholder to which assistance is provided TESTER, Ms. MURKOWSKI, Mr. WARNER, ‘‘(B) surcharges assessed under sections under this section, which may include— and Mr. ROMNEY)) to the bill H.R. 3684, 1304 and 1308A; and ‘‘(1) the income of the eligible policy- to authorize funds for Federal-aid high- ‘‘(C) any amount established under section holder, as compared with the area median in- ways, highway safety programs, and 1310A(c). come for the area in which the property to transit programs, and for other pur- ‘‘(b) AUTHORITY.—Subject to the avail- which the policy applies is located; and poses; which was ordered to lie on the ability of appropriations, the Administrator ‘‘(2) demographic characteristics of the eli- table; as follows: is authorized to carry out a means-tested gible policyholder, including the race and At the appropriate place, insert the fol- program under which the Administrator pro- ethnicity of the eligible policyholder. lowing: vides assistance to eligible policyholders in ‘‘(g) REPORTS TO CONGRESS.— SEC. lll. REVITALIZING MAIN STREETS IN ‘‘(1) IN GENERAL.—Not later than 2 years the form of graduated discounts for insur- SMALL TOWNS AND CITIES OF THE ance costs with respect to covered prop- after the date of enactment of this section, UNITED STATES. erties. and biennially thereafter, the Administrator (a) DEFINITIONS.—In this section: ‘‘(c) ELIGIBILITY.—To determine eligibility shall submit to Congress a report regarding (1) ELIGIBLE COMMUNITY.—The term ‘‘eligi- for means-tested assistance under this sec- the implementation and effectiveness of this ble community’’ means a city, town, village, tion, the Administrator may require any of section. or other incorporated unit of a municipal the following with respect to an eligible pol- ‘‘(2) CONTENTS.—Each report submitted local government that has a population of icyholder: under paragraph (1) shall include informa- less than 40,000 individuals. ‘‘(2) Income verification from the National tion regarding, for the period covered by the (2) MAIN STREET.—The term ‘‘Main Street’’, Directory of New Hires established under report— with respect to an eligible community, section 453(i) of the Social Security Act (42 ‘‘(A) the distribution of household area me- means a main street and the area around the U.S.C. 653(i)). dian income for eligible policyholders to main street that constitute the cultural, his- ‘‘(3) A self-certification of eligibility by which assistance is provided under this sec- torical, economic, civic, and emotional heart the eligible policyholder that is provided tion; of the eligible community. under penalty of perjury pursuant to section ‘‘(B) the number of eligible policyholders (3) SECRETARY.—The term ‘‘Secretary’’ 1746 of title 28, United States Code. to which assistance is provided under this means the Secretary of Housing and Urban ‘‘(4) Any other method identified by the section, which shall be disaggregated by in- Development. Administrator in interim guidance, or a final come and demographic characteristics; (4) STATE.—The term ‘‘State’’ means each rule, issued under subsection (e). ‘‘(C) the cost of providing assistance under of the several States and the territories and ‘‘(d) DISCOUNT.—The Administrator may this section; and possessions of the United States. establish graduated discounts available to ‘‘(D) the average amount of assistance pro- (b) GRANTS.—The Secretary, in accordance eligible policyholders under this section, vided to an eligible policyholder under this with subsection (f)(1), shall award grants on which may be based on the following factors: section, which shall be disaggregated as de- a competitive basis to eligible communities ‘‘(1) The percentage by which the house- scribed in subparagraph (B). for the purpose of revitalizing Main Streets hold income of an eligible policyholder is ‘‘(h) RISK COMMUNICATION.—For the pur- in the eligible communities. equal to, or less than, 120 percent of the area poses of the communication required under (c) SEPARATE COMPETITIONS.—In awarding median income for the area in which the section 1308(l), the Administrator shall pro- grants to eligible communities under sub- property to which the policy applies is lo- vide to an eligible policyholder to which as- section (b), the Secretary shall hold a sepa- cated. sistance is provided under this section a full rate grant competition for each State. ‘‘(3) The number of eligible policyholders flood risk determination with respect to the (d) APPLICATIONS.— participating in the program established property of the eligible policyholder, which (1) IN GENERAL.—Not later than 1 year after under this section. shall reflect the insurance costs with respect the date of enactment of this Act, the Sec- ‘‘(4) The availability of funding. to the property before that assistance is pro- retary shall initiate the grant competitions ‘‘(5) Any other factor that the Adminis- vided. described in subsection (c) by soliciting trator finds reasonable and necessary to ‘‘(i) FUNDING.— grant applications from eligible commu- carry out the purposes of this section. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— nities by publishing a notice of funding op- ‘‘(e) IMPLEMENTATION.— There is authorized to be appropriated to the portunity in the Federal Register that pro- ‘‘(1) IN GENERAL.—The Administrator shall Administrator $800,000,000 for each of fiscal vides sufficient notice of the grant competi- issue final rules to implement this section. years 2022 through 2025 to carry out this sec- tion, the terms of the grant competition, and ‘‘(2) INTERIM GUIDANCE.— tion. the submission requirements of an applica- ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(2) NOTIFICATION.—If, in a fiscal year, the tion for the grant competition. after the date of enactment of this section, Administrator determines that the amount (2) CONTENTS.—An application submitted the Administrator shall issue interim guid- made available to carry out this section is by an eligible entity for a grant under this ance to implement this section, which insufficient to provide assistance under this section shall include— shall— section, the Administrator shall submit to (A) a description of how the eligible com- ‘‘(i) include— Congress a notification of the remaining munity plans to spend amounts from a grant ‘‘(I) a description of how the Administrator amounts necessary to provide that assist- under this section and the non-Federal funds will determine— ance for that fiscal year. of the eligible community described in sub- ‘‘(aa) eligibility for households to partici- ‘‘(3) DISTRIBUTION OF PREMIUM.—With re- section (e)(2)(A) to revitalize the Main Street pate in the program established under this spect to the amount of the discounts pro- of the eligible community; and section; and vided under this section in a fiscal year, and (B) a description of how the eligible com- ‘‘(bb) assistance levels for eligible house- any administrative expenses incurred in car- munity meets the factors described in sub- holds to which assistance is provided under rying out this section for that fiscal year, section (f)(3). this section; the Administrator shall, from amounts made (3) PROHIBITION.—The Secretary may not ‘‘(II) the methodology that the Adminis- available to carry out this section for that impose additional application or evaluation trator will use to determine the amount of fiscal year, deposit in the National Flood In- requirements with respect to an application assistance provided to eligible households surance Fund established under section 1310 submitted under paragraph (1). under this section; and an amount equal to those discounts and ad- (e) MAXIMUM AMOUNTS.— ‘‘(III) any requirements to which eligible ministrative expenses, except to the extent (1) STATE MAXIMUM.—The maximum policyholders to which assistance is provided that section 1310A applies to any portion of amount of funds that may be awarded to eli- under this section will be subject; and those discounts or administrative expenses, gible communities in a particular State ‘‘(ii) expire on the later of— in which case the Administrator shall de- under this section shall be an amount that ‘‘(I) the date that is 84 months after the posit an amount equal to those amounts to bears the same proportion to the total date of enactment of this section; or which section 1310A applies in the National amount awarded to eligible communities in ‘‘(II) the date on which the final rules Flood Insurance Reserve Fund established all States under this section as the total issued under paragraph (1) take effect. under section 1310A.’’. population of all eligible communities with- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in (b) NATIONAL FLOOD INSURANCE ACT OF in the State, bears to the total population of subparagraph (A) may be construed to pre- 1968.—The National Flood Insurance Act of all eligible communities in all States. clude the Administrator from amending the 1968 (42 U.S.C. 4001 et seq.) is amended— (2) ELIGIBLE COMMUNITY MAXIMUM.— interim guidance issued under that subpara- (1) in section 1308(e) (42 U.S.C. 4015(e))— (A) IN GENERAL.—The maximum amount of graph. (A) in paragraph (1)— funds that may be awarded to an eligible

VerDate Sep 11 2014 01:44 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A07AU6.021 S07AUPT1 dlhill on DSK120RN23PROD with SENATE August 7, 2021 CONGRESSIONAL RECORD — SENATE S6027 community under this section shall be equal (iii) create a supportive environment for (iii) a fee described in paragraph (1)(B)(iii) to the amount of non-Federal funds that the entrepreneurs and innovators that drive or (2) of section 1307(a) of the National Flood eligible community dedicates specifically for local economies. Insurance Act of 1968 (42 U.S.C. 4014(a)); and revitalizing the Main Street in the eligible (B) The proposed design of the eligible (B) does not include any cost associated community, as specified by the eligible com- community, which shall be based on the with the purchase of insurance under section munity in the application submitted under transformation of the eligible community by 1304(b) of the National Flood Insurance Act subsection (d). enhancing the physical and visual assets of 1968 (42 U.S.C. 4011(b)), including any sur- (B) TAXES.— that set the Main Street of the eligible com- charge that relates to insurance purchased (i) IN GENERAL.—An eligible community munity apart. under such section 1304(b). may not include in the amount of dedicated (C) The promotion of the Main Street by (b) LIMITATION ON INCREASES.— non-Federal funds specified in an application the eligible community, which shall be based (1) LIMITATION.— under subsection (d), for purposes of subpara- on whether the eligible community— (A) IN GENERAL.—During the 5-year period graph (A) of this paragraph, any amounts (i) positions the Main Street of the eligible beginning on the date of enactment of this that will be raised by new taxes or increased community as the center and hub of the eco- Act, notwithstanding section 1308(e) of the taxes unless voters in the eligible commu- nomic activity of the eligible community; National Flood Insurance Act of 1968 (42 nity have approved the new tax or increased and U.S.C. 4015(e)), and subject to subparagraph tax. (ii) creates a positive image of the Main (B), the Administrator may not, in any year, (ii) CONDITIONAL TAXES.—In proposing a Street that showcases the unique character- increase the amount of any covered cost by new tax or increased tax described in clause istics of the eligible community. an amount that is more than 9 percent, as (i) to voters, an eligible community may pro- (D) The organization of the eligible com- compared with the amount of the covered pose a new tax or increased tax that is condi- munity, which shall be based on whether the cost during the previous year, except where tioned upon the eligible community receiv- plan of the eligible community involves cre- the increase in the covered cost relates to an ing a grant under this section. ating a strong foundation for a sustainable exception under paragraph (1)(C)(iii) of such (f) SELECTION.— revitalization effort, including cultivating section 1308(e). (1) SELECTION COMMITTEES.—In awarding partnerships, community involvement, and (B) DECREASE OF AMOUNT OF DEDUCTIBLE OR grants to eligible communities in a par- resources for the Main Street. INCREASE IN AMOUNT OF COVERAGE.—In the ticular State under this section, the Sec- (E) The preservation proposed by the eligi- case of a policyholder described in section retary shall select the eligible communities ble community, which shall be based on the 1308(e)(1)(C)(ii) of the National Flood Insur- in the State recommended by the selection ance Act of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)), proposed quality of preservation, rehabilita- committee for the State established under the Administrator shall establish a process tion, restoration, and reconstruction of the paragraph (2). by which the Administrator determines an historic Main Street facades. (2) ESTABLISHMENT OF COMMITTEES.— increase in covered costs for the policyholder (F) The quality of any new buildings pro- (A) IN GENERAL.—The Secretary shall es- that is— posed by the eligible community on the Main tablish a selection committee for each State, (i) proportional to the relative change in Street of the eligible community and wheth- which shall be comprised of— risk based on the action taken by the policy- er those buildings— (i) 1 official of the National Trust for His- holder; and (i) fit with the architecture of the existing toric Preservation designated by the Na- (ii) in compliance with subparagraph (A). historic buildings; and tional Trust for Historic Preservation; (2) NEW RATING SYSTEMS.— (ii) project the architecture of the time, as (ii) 1 official of the Main Street America (A) CLASSIFICATION.—With respect to a Institute designated by the Main Street of the date of enactment of this Act. property, the limitation under paragraph (1) (g) FUNDING.— America Institute; and shall remain in effect for each year until the (1) REDUCTION.—Notwithstanding any other (iii) 3 licensed architects— covered costs with respect to the property provision of this Act or an amendment made (I) selected jointly by the United States reflect full actuarial rates, without regard to by this Act, any amount appropriated under Senators from the State; or whether, at any time until the year in which this Act or an amendment made by this Act (II) with respect to a State that is a terri- those covered costs reflect full actuarial shall be reduced by 1 percent. tory or possession of the United States, se- rates, the property is rated or classified (2) DIRECT APPROPRIATION.—Out of any lected by the delegate or resident commis- under the Risk Rating 2.0 methodology (or money in the Treasury not otherwise appro- sioner to the House of Representatives from any substantially similar methodology). priated, there is appropriated to the Sec- the territory or possession. (B) NEW POLICYHOLDER.—If a property to retary to carry out this section for fiscal (B) EMPLOYMENT.—The Secretary shall ap- which the limitation under paragraph (1) ap- year 2022 an amount equal to the amount of point each member of a selection committee plies is sold before the covered costs for the the reductions made under paragraph (1). selected under subparagraph (A) that is not a --- property reflect full actuarial rates deter- Federal employee as an employee of the De- Mr. MENENDEZ submitted mined under the Risk Rating 2.0 method- partment of Housing and Urban Development SA 2649. an amendment intended to be proposed ology (or any substantially similar method- for the purpose of performing the duties de- ology), that limitation shall remain in effect scribed in subparagraph (C). to amendment SA 2137 proposed by Mr. for each year until the year in which those (C) DUTIES.—Each selection committee of a SCHUMER (for Ms. SINEMA (for herself, full actuarial rates takes effect. State established under subparagraph (A) Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (c) RULE OF CONSTRUCTION.—Nothing in shall— SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. subsection (b) may be construed as prohib- (i) meet to jointly review applications for TESTER, Ms. MURKOWSKI, Mr. WARNER, iting the Administrator from reducing, in a grant under this section submitted by eli- and Mr. ROMNEY)) to the bill H.R. 3684, any year, the amount of any covered cost, as gible communities located in the State to authorize funds for Federal-aid high- compared with the amount of the covered under subsection (d); and cost during the previous year. (ii) provide to the Secretary recommenda- ways, highway safety programs, and (d) AVERAGE HISTORICAL LOSS YEAR.—Sec- tions with respect to the eligible commu- transit programs, and for other pur- tion 1308 of the National Flood Insurance Act nities located in the State that should re- poses; which was ordered to lie on the of 1968 (42 U.S.C. 4015) is amended by striking ceive a grant under this section. table; as follows: subsection (h) and inserting the following: ‘‘(h) RULE OF CONSTRUCTION.—For purposes (D) TERMINATION.—Notwithstanding sec- At the appropriate place, insert the fol- of this section, the calculation of an ‘average tion 14 of the Federal Advisory Committee lowing: historical loss year’ shall be computed in ac- Act (5 U.S.C. App), each selection committee SEC. lll. CAP ON ANNUAL PREMIUM IN- cordance with generally accepted actuarial established under this section shall termi- CREASES. principles.’’. nate on the day after the date on which the (a) DEFINITIONS.—In this section— (e) DISCLOSURE WITH RESPECT TO THE AF- selection committee completes the rec- (1) the term ‘‘Administrator’’ means the FORDABILITY STANDARD.—Section 1308(j) of ommendations required under subparagraph Administrator of the Federal Emergency the National Flood Insurance Act of 1968 (42 (C)(ii). Management Agency; and U.S.C. 4015(j)) is amended, in the second sen- (3) SELECTION FACTORS.—In providing rec- (2) the term ‘‘covered cost’’— tence, by inserting ‘‘and shall include in the ommendations to the Secretary under para- (A) means— report the number of those exceptions as of graph (2)(C)(ii), the selection committee of a (i) the amount of an annual premium with the date on which the Administrator submits State shall evaluate the application of an el- respect to any policy for flood insurance the report and the location of each policy- igible community based on the following fac- under the National Flood Insurance Pro- holder insured under those exceptions, orga- tors: gram; nized by county and State’’ after ‘‘of the (A) The economic vitality of the eligible (ii) any surcharge imposed with respect to Senate’’. community, which shall be based on whether a policy described in clause (i) (other than a SEC. lll. TARGETED MEANS-TESTED ASSIST- the eligible community focuses on capital, surcharge imposed under section 1304(b) of ANCE. incentives, and other economic and financial the National Flood Insurance Act of 1968 (42 (a) IN GENERAL.—Chapter I of the National tools to— U.S.C. 4011(b))), including a surcharge im- Flood Insurance Act of 1968 (42 U.S.C. 4011 et (i) assist new and existing businesses; posed under section 1308A(a) of that Act (42 seq.) is amended by inserting after section (ii) catalyze property development; and U.S.C. 4015a(a)); and 1308A (42 U.S.C. 4015a) the following:

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‘‘SEC. 1308B. FLOOD INSURANCE ASSISTANCE. ‘‘(aa) eligibility for households to partici- ‘‘(3) DISTRIBUTION OF PREMIUM.—With re- ‘‘(a) DEFINITIONS.—In this section: pate in the program established under this spect to the amount of the discounts pro- ‘‘(1) COVERED PROPERTY.—The term ‘cov- section; and vided under this section in a fiscal year, and ered property’ means— ‘‘(bb) assistance levels for eligible house- any administrative expenses incurred in car- ‘‘(A) a primary residential dwelling de- holds to which assistance is provided under rying out this section for that fiscal year, signed for the occupancy of from 1 to 4 fami- this section; the Administrator shall, from amounts made lies; or ‘‘(II) the methodology that the Adminis- available to carry out this section for that ‘‘(B) personal property relating to a dwell- trator will use to determine the amount of fiscal year, deposit in the National Flood In- ing described in subparagraph (A). assistance provided to eligible households surance Fund established under section 1310 ‘‘(2) ELIGIBLE POLICYHOLDER.—The term ‘el- under this section; and an amount equal to those discounts and ad- igible policyholder’ means a policyholder ‘‘(III) any requirements to which eligible ministrative expenses, except to the extent with a household income that is not more policyholders to which assistance is provided that section 1310A applies to any portion of than 120 percent of the area median income under this section will be subject; and those discounts or administrative expenses, for the area in which the property to which ‘‘(ii) expire on the later of— in which case the Administrator shall de- the policy applies is located. ‘‘(I) the date that is 84 months after the posit an amount equal to those amounts to ‘‘(3) HOUSING EXPENSES.—The term ‘hous- date of enactment of this section; or which section 1310A applies in the National ing expenses’ means, with respect to a house- ‘‘(II) the date on which the final rules Flood Insurance Reserve Fund established hold, the total amount that the household issued under paragraph (1) take effect. under section 1310A.’’. spends in a year on— ‘‘(B) RULE OF CONSTRUCTION.—Nothing in (b) NATIONAL FLOOD INSURANCE ACT OF ‘‘(A) mortgage payments, and rent; subparagraph (A) may be construed to pre- 1968.—The National Flood Insurance Act of ‘‘(B) property taxes; clude the Administrator from amending the 1968 (42 U.S.C. 4001 et seq.) is amended— ‘‘(C) homeowners insurance; and interim guidance issued under that subpara- (1) in section 1308(e) (42 U.S.C. 4015(e))— ‘‘(D) premiums for flood insurance under graph. (A) in paragraph (1)— the national flood insurance program. ‘‘(f) COLLECTION OF DEMOGRAPHIC INFORMA- (i) in subparagraph (B), by striking ‘‘or’’ at ‘‘(4) INSURANCE COSTS.—The term ‘insur- TION.—The Administrator, in order to evalu- the end; ance costs’ means, with respect to a covered ate and monitor the effectiveness of this sec- (ii) in subparagraph (C)(iii), by adding ‘‘or’’ property for a year— tion, and to comply with the reporting re- at the end; and ‘‘(A) risk premiums and fees estimated quirements under subsection (g), may re- (iii) by adding at the end the following: under section 1307 and charged under section quest demographic information, and other ‘‘(D) in the case of a property with respect 1308; information, with respect to an eligible pol- to which assistance is provided under section ‘‘(B) surcharges assessed under sections icyholder to which assistance is provided 1308B, if— 1304 and 1308A; and under this section, which may include— ‘‘(i) the applicable policyholder is no ‘‘(C) any amount established under section ‘‘(1) the income of the eligible policy- longer eligible to receive assistance under 1310A(c). holder, as compared with the area median in- that section; come for the area in which the property to ‘‘(b) AUTHORITY.—Subject to the avail- ‘‘(ii) the assistance so provided has been ability of appropriations, the Administrator which the policy applies is located; and decreased under that section; or is authorized to carry out a means-tested ‘‘(2) demographic characteristics of the eli- ‘‘(iii) the Administrator is not authorized, program under which the Administrator pro- gible policyholder, including the race and or lacks appropriated funds, to carry out vides assistance to eligible policyholders in ethnicity of the eligible policyholder. that section;’’; and ‘‘(g) REPORTS TO CONGRESS.— the form of graduated discounts for insur- (B) in paragraph (3), by striking ‘‘period; ‘‘(1) IN GENERAL.—Not later than 2 years ance costs with respect to covered prop- and’’ and inserting the following: ‘‘period, after the date of enactment of this section, erties. except in the case of a property with respect and biennially thereafter, the Administrator ‘‘(c) ELIGIBILITY.—To determine eligibility to which assistance is provided under section shall submit to Congress a report regarding for means-tested assistance under this sec- 1308B if a condition described in clause (i), the implementation and effectiveness of this tion, the Administrator may require any of (ii), or (iii) of paragraph (1)(D) is applicable; section. the following with respect to an eligible pol- and’’; and ‘‘(2) CONTENTS.—Each report submitted icyholder: (2) in section 1366(d) (42 U.S.C. 4104c(d))— under paragraph (1) shall include informa- ‘‘(2) Income verification from the National (A) by redesignating paragraph (3) as para- tion regarding, for the period covered by the Directory of New Hires established under graph (4); and report— section 453(i) of the Social Security Act (42 (B) by inserting after paragraph (2) the fol- ‘‘(A) the distribution of household area me- U.S.C. 653(i)). lowing: dian income for eligible policyholders to ‘‘(3) A self-certification of eligibility by ‘‘(3) FLOOD INSURANCE ASSISTANCE.—In the which assistance is provided under this sec- the eligible policyholder that is provided case of mitigation activities to structures tion; under penalty of perjury pursuant to section insured by policyholders that are eligible for ‘‘(B) the number of eligible policyholders 1746 of title 28, United States Code. assistance under section 1308B, in an amount to which assistance is provided under this ‘‘(4) Any other method identified by the up to 100 percent of all eligible costs.’’. section, which shall be disaggregated by in- Administrator in interim guidance, or a final come and demographic characteristics; (c) INFORMATION COMPARISONS WITH THE rule, issued under subsection (e). ‘‘(C) the cost of providing assistance under NATIONAL DIRECTORY OF NEW HIRES FOR ‘‘(d) DISCOUNT.—The Administrator may this section; and FLOOD INSURANCE ASSISTANCE INCOME establish graduated discounts available to ‘‘(D) the average amount of assistance pro- VERIFICATION.—Section 453(j) of the Social eligible policyholders under this section, vided to an eligible policyholder under this Security Act (42 U.S.C. 653(j)) is amended by which may be based on the following factors: section, which shall be disaggregated as de- adding at the end the following new para- ‘‘(1) The percentage by which the house- scribed in subparagraph (B). graph: hold income of an eligible policyholder is ‘‘(h) RISK COMMUNICATION.—For the pur- ‘‘(12) INFORMATION COMPARISONS FOR FLOOD equal to, or less than, 120 percent of the area poses of the communication required under INSURANCE ASSISTANCE.— median income for the area in which the section 1308(l), the Administrator shall pro- ‘‘(A) FURNISHING OF INFORMATION BY property to which the policy applies is lo- vide to an eligible policyholder to which as- FEMA.—The Administrator of the Federal cated. sistance is provided under this section a full Emergency Management Agency (in this ‘‘(3) The number of eligible policyholders flood risk determination with respect to the paragraph, referred to as the ‘Adminis- participating in the program established property of the eligible policyholder, which trator’) shall furnish to the Secretary, on under this section. shall reflect the insurance costs with respect such periodic basis as determined by the Ad- ‘‘(4) The availability of funding. to the property before that assistance is pro- ministrator in consultation with the Sec- ‘‘(5) Any other factor that the Adminis- vided. retary, information in the custody of the Ad- trator finds reasonable and necessary to ‘‘(i) FUNDING.— ministrator for comparison with information carry out the purposes of this section. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— in the National Directory of New Hires, in ‘‘(e) IMPLEMENTATION.— There is authorized to be appropriated to the order to obtain information in such Direc- ‘‘(1) IN GENERAL.—The Administrator shall Administrator $800,000,000 for each of fiscal tory with respect to individuals who are ap- issue final rules to implement this section. years 2022 through 2025 to carry out this sec- plying for, or receiving benefits under, sec- ‘‘(2) INTERIM GUIDANCE.— tion. tion 1308B of the National Flood Insurance ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(2) NOTIFICATION.—If, in a fiscal year, the Act of 1968. after the date of enactment of this section, Administrator determines that the amount ‘‘(B) REQUIREMENT TO SEEK MINIMUM INFOR- the Administrator shall issue interim guid- made available to carry out this section is MATION.—The Administrator shall seek infor- ance to implement this section, which insufficient to provide assistance under this mation pursuant to this paragraph only to shall— section, the Administrator shall submit to the extent necessary to verify the employ- ‘‘(i) include— Congress a notification of the remaining ment and income of individuals described in ‘‘(I) a description of how the Administrator amounts necessary to provide that assist- subparagraph (A). will determine— ance for that fiscal year. ‘‘(C) DUTIES OF THE SECRETARY.—

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‘‘(i) INFORMATION DISCLOSURE.—The Sec- tion 1310 of the National Flood Insurance Act control a private key (used for accessing dig- retary, in cooperation with the Adminis- of 1968 (42 U.S.C. 4017), which, subject to ital assets on a distributed ledger). trator, shall compare information in the Na- paragraph (2), shall be used to carry out sec- (2) BROKERS AND TREATMENT OF DIGITAL AS- tional Directory of New Hires with informa- tion 1308B of that Act, as added by sub- SETS.—Nothing in this section or the amend- tion provided by the Administrator with re- section (a) of this section. ments made by this section shall be con- spect to individuals described in subpara- (2) FAILURE TO ISSUE GUIDANCE.—If the Ad- strued to create any inference, for any period graph (A), and shall disclose information in ministrator of the Federal Emergency Man- prior to the effective date of such amend- such Directory regarding such individuals to agement Agency fails to issue the interim ments, with respect to— the Administrator, in accordance with this guidance required under section 1308B(e)(2) (A) whether any person is a broker under paragraph, for the purposes specified in this of the National Flood Insurance Act of 1968, section 6045(c)(1) of the Internal Revenue paragraph. as added by subsection (a) of this section, the Code of 1986, or ‘‘(ii) CONDITION ON DISCLOSURE.—The Sec- amounts made available under paragraph (1) (B) whether any digital asset is property retary shall make disclosures in accordance may be used to provide financial assistance which is a specified security under section with clause (i) only to the extent that the under section 1366 of the National Flood In- 6045(g)(3)(B) of such Code. Secretary determines that such disclosures surance Act of 1968 (42 U.S.C. 4104c). do not interfere with the effective operation SEC. lll. FORBEARANCE ON NFIP INTEREST SA 2651. Mr. WARNER (for himself, of the program under this part. PAYMENTS. Mr. PORTMAN, and Ms. SINEMA) sub- ‘‘(D) USE OF INFORMATION BY FEMA.—The (a) IN GENERAL.—During the 5-year period mitted an amendment intended to be Administrator may use information result- beginning on the date of enactment of this proposed to amendment SA 2137 pro- ing from a data match pursuant to this para- Act, the Secretary of the Treasury may not posed by Mr. SCHUMER (for Ms. SINEMA graph only— charge the Administrator of the Federal (for herself, Mr. PORTMAN, Mr. ‘‘(i) for the purpose of verifying the em- Emergency Management Agency (referred to ployment and income of individuals de- in this section as the ‘‘Administrator’’) in- MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, scribed in subparagraph (A); and terest on amounts borrowed by the Adminis- Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(ii) after removal of personal identifiers, trator under section 1309(a) of the National KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to conduct analyses of the employment and Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) to the bill H.R. 3684, to authorize funds income reporting of individuals described in that were outstanding as of the date of en- for Federal-aid highways, highway subparagraph (A). actment of this Act, including amounts bor- safety programs, and transit programs, ‘‘(E) DISCLOSURE OF INFORMATION BY rowed after the date of enactment of this Act and for other purposes; which was or- FEMA.— that refinance debts that existed before the dered to lie on the table; as follows: ‘‘(i) PURPOSE OF DISCLOSURE.—The Admin- date of enactment of this Act. On page 2437, after line 8, insert the fol- istrator may make a disclosure under this (b) USE OF SAVED AMOUNTS.—There shall be lowing: subparagraph only for the purpose of deposited into the National Flood Mitigation (d) RULES OF CONSTRUCTION.— verifying the employment and income of in- Fund an amount equal to the interest that would have accrued on the borrowed (1) DEFINITION OF BROKER.—Nothing in this dividuals described in subparagraph (A). section or the amendments made by this sec- ISCLOSURES PERMITTED.—Subject to amounts during the 5-year period described ‘‘(ii) D tion shall be construed to create any infer- clause (iii), the Administrator may disclose in subsection (a) at the time at which those ence that a person described in section information resulting from a data match interest payments would have otherwise 6045(c)(1)(D) of the Internal Revenue Code of pursuant to this paragraph only to contrac- been paid, which, notwithstanding any provi- 1986, as added by this section, includes any tors of the Federal Emergency Management sion of section 1367 of the National Flood In- person solely engaged in the business of— Agency, private insurance companies par- surance Act of 1968 (42 U.S.C. 4104d), the Ad- (A) validating distributed ledger trans- ticipating in the Write Your Own Program of ministrator shall use to carry out the pro- actions through proof of work (mining) or the Federal Emergency Management Agen- gram established under section 1366 of the proof of stake (staking), without providing cy, the Inspector General of the Department National Flood Insurance Act of 1968 (42 other functions or services, or of Homeland Security, and the Attorney U.S.C. 4104c). General, in connection with the administra- (c) NO RETROACTIVE ACCRUAL.—After the 5- (B) selling hardware or software the sole tion of a program described in subparagraph year period described in subsection (a), the function of which is to permit persons to (A). Information obtained by the Adminis- Secretary of the Treasury shall not require control a private key (used for accessing dig- trator pursuant to this paragraph shall not the Administrator to repay any interest ital assets on a distributed ledger). be made available under section 552 of title 5, that, but for that subsection, would have ac- (2) BROKERS AND TREATMENT OF DIGITAL AS- United States Code. crued on the borrowed amounts described in SETS.—Nothing in this section or the amend- ‘‘(iii) CONDITIONS ON DISCLOSURE.—Disclo- that subsection during that 5-year period. ments made by this section shall be con- strued to create any inference, for any period sures under this paragraph shall be— Mr. WARNER (for himself, ‘‘(I) made in accordance with data security SA 2650. prior to the effective date of such amend- and control policies established by the Ad- Mr. PORTMAN, and Ms. SINEMA) sub- ments, with respect to— ministrator and approved by the Secretary; mitted an amendment intended to be (A) whether any person is a broker under ‘‘(II) subject to audit in a manner satisfac- proposed to amendment SA 2137 pro- section 6045(c)(1) of the Internal Revenue tory to the Secretary; and posed by Mr. SCHUMER (for Ms. SINEMA Code of 1986, or (B) whether any digital asset is property ‘‘(III) subject to the sanctions under sub- (for herself, Mr. PORTMAN, Mr. section (l)(2). which is a specified security under section MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, 6045(g)(3)(B) of such Code. ‘‘(iv) RESTRICTIONS ON REDISCLOSURE.—A Ms. COLLINS, Mr. TESTER, Ms. MUR- person or entity to which information is dis- f KOWSKI, Mr. WARNER, and Mr. ROMNEY)) closed under this subparagraph may use or ORDERS FOR SUNDAY, AUGUST 8, disclose such information only as needed for to the bill H.R. 3684, to authorize funds verifying the employment and income of in- for Federal-aid highways, highway 2021 dividuals described in subparagraph (A), sub- safety programs, and transit programs, Mr. SCHATZ. Mr. President, I ask ject to the conditions in clause (iii) and such and for other purposes; which was or- unanimous consent that when the Sen- additional conditions as agreed to by the dered to lie on the table; as follows: ate completes its business today, it ad- Secretary and the Administrator. On page 2437, strike lines 5 though 18 and journ until 12 noon, Sunday, August 8; ‘‘(F) REIMBURSEMENT OF HHS COSTS.—The insert the following: that following the prayer and pledge, Administrator shall reimburse the Sec- (c) EFFECTIVE DATE.—The amendments retary, in accordance with subsection (k)(3), made by this section shall apply to returns the morning hour be deemed expired, for the costs incurred by the Secretary in required to be filed, and statements required the Journal of proceedings be approved furnishing the information requested under to be furnished, after December 31, 2023. to date, the time for the two leaders be this paragraph. (d) RULES OF CONSTRUCTION.— reserved for their use later in the day, ‘‘(G) CONSENT.—The Administrator shall (1) DEFINITION OF BROKER.—Nothing in this and morning business be closed; and not seek, use, or disclose information under section or the amendments made by this sec- that upon the conclusion of morning this paragraph relating to an individual tion shall be construed to create any infer- business, the Senate resume consider- without the prior written consent of such in- ence that a person described in section ation of H.R. 3684. dividual (or of a person legally authorized to 6045(c)(1)(D) of the Internal Revenue Code of The PRESIDING OFFICER. Is there consent on behalf of such individual).’’. 1986, as added by this section, includes any (d) DIRECT APPROPRIATION.— person solely engaged in the business of— objection? (1) IN GENERAL.—There is appropriated, out (A) validating distributed ledger trans- Without objection, it is so ordered. of any money in the Treasury not otherwise actions through proof of work (mining) or f appropriated, in addition to amounts other- proof of stake (staking), without providing ADJOURNMENT UNTIL TOMORROW wise available, for each of fiscal years 2022 other functions or services, or through 2025, $800,000,000 to the National (B) selling hardware or software the sole Mr. SCHATZ. Mr. President, if there Flood Insurance Fund established under sec- function of which is to permit persons to is no further business to come before

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VerDate Sep 11 2014 01:44 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 9801 E:\CR\FM\G07AU6.036 S07AUPT1 dlhill on DSK120RN23PROD with SENATE Saturday, August 7, 2021 Daily Digest Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill at ap- Routine Proceedings, pages S5993–S6030 proximately 12 noon, on Sunday, August 8, 2021. Measures Introduced: Four bills and three resolu- Page S6029 tions were introduced, as follows: S. 2672–2675, and Nominations Confirmed: Senate confirmed the fol- S. Res. 341–343. Page S6012 lowing nominations: Measures Reported: By 50 yeas to 47 nays (Vote No. EX. 310), Eu- S. 2401, to reauthorize the Assistive Technology nice C. Lee, of New York, to be United States Cir- Act of 1998, with an amendment in the nature of cuit Judge for the Second Circuit. Pages S6009–10 a substitute. Page S6012 Bryan Todd Newland, of Michigan, to be an As- Measures Passed: sistant Secretary of the Interior. Death of former Senator Maurice Robert Gravel: Christopher Paul Maier, of California, to be an Senate agreed to S. Res. 343, relative to the death Assistant Secretary of Defense. of the Honorable Maurice Robert Gravel, former Carlos Del Toro, of Virginia, to be Secretary of Senator from the State of Alaska. Page S6010 the Navy. Page S6010 Measures Considered: Measures Placed on the Calendar: Page S6012 Invest in America Act—Agreement: Senate re- Additional Cosponsors: Page S6012 sumed consideration of H.R. 3684, to authorize Statements on Introduced Bills/Resolutions: funds for Federal-aid highways, highway safety pro- Pages S6012–14 grams, and transit programs, taking action on the following amendments proposed thereto: Additional Statements: Pages S5995–S6009, S6010 Amendments Submitted: Pages S6014–29 Pending: Record Votes: Two record votes were taken today. Schumer (for Sinema) Amendment No. 2137, in (Total—310) Pages S5997, S6009–10 the nature of a substitute. Pages S5995–S6009, S6010 Carper/Capito Amendment No. 2131 (to Amend- Adjournment: Senate convened at 11 a.m. and ad- ment No. 2137), to strike a definition. Page S5995 journed, as a further mark of respect to the memory Carper Amendment No. 2633, to change the en- of the late Maurice Robert Gravel, former Senator actment date. Pages S5997–S6009 from the State of Alaska, in accordance with S. Res. During consideration of this measure today, Senate 343, at 7:25 p.m., until 12 noon on Sunday, August also took the following action: 8, 2021. (For Senate’s program, see the remarks of By 67 yeas to 27 nays (Vote No. 309), three-fifths the Acting Majority Leader in today’s Record on of those Senators duly chosen and sworn, having page S6029.) voted in the affirmative, Senate agreed to the motion to close further debate on Schumer (for Sinema) Amendment No. 2137 (listed above). Page S5997 Committee Meetings A unanimous-consent agreement was reached pro- viding that time during any recess, adjournment, or (Committees not listed did not meet) period of morning business count post-cloture. Page S6010 No committee meetings were held.

D910

VerDate Sep 11 2014 02:40 Aug 08, 2021 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D07AU1.REC D07AUPT1 ctelli on DSK11ZRN23PROD with DIGEST August 7, 2021 CONGRESSIONAL RECORD — DAILY DIGEST D911 House of Representatives H.R. 264, to designate the facility of the United Chamber Action States Postal Service located at 1101 Charlotte Street The House was not in session today. The House in Georgetown, South Carolina, as the ‘‘Joseph is scheduled to meet in Pro Forma session at 10 a.m. Hayne Rainey Memorial Post Office Building’’. on Tuesday, August 10, 2021. Signed on August 6, 2021. (Public Law 117–34) H.R. 772, to designate the facility of the United Committee Meetings States Postal Service located at 229 Minnetonka Ave- No hearings were held. nue South in Wayzata, Minnesota, as the ‘‘Jim Ramstad Post Office’’. Signed on August 6, 2021. (Public Law 117–35) Joint Meetings H.R. 1002, to amend the Controlled Substances No joint committee meetings were held. Act to authorize the debarment of certain registrants. f Signed on August 6, 2021. (Public Law 117–36) NEW PUBLIC LAWS f (For last listing of Public Laws, see DAILY DIGEST, p. D887) COMMITTEE MEETINGS FOR SUNDAY, H.R. 3325, to award four congressional gold med- AUGUST 8, 2021 als to the United States Capitol Police and those who protected the U.S. Capitol on January 6, 2021. (Committee meetings are open unless otherwise indicated) Signed on August 5, 2021. (Public Law 117–32) Senate H.R. 208, to designate the facility of the United States Postal Service located at 500 West Main No meetings/hearings scheduled. Street, Suite 102 in Tupelo, Mississippi, as the ‘‘Colonel Carlyle ’Smitty’ Harris Post Office’’. Signed House on August 6, 2021. (Public Law 117–33) No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Sunday, August 8 10 a.m, Tuesday, August 10

Senate Chamber House Chamber Program for Sunday: Senate will continue consideration Program for Tuesday: House will meet in a Pro Forma of Schumer (for Sinema) Amendment No. 2137, to H.R. session at 10 a.m. 3684, INVEST in America Act, post-cloture.

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